SECTION .0500 ‑ WATER QUALITY CERTIFICATION

 

15A NCAC 02H .0501       PURPOSE

(a)  The provisions of this Section shall apply to all division regulatory, planning, resource management, liaison and financial aid determinations that affect surface waters and wetlands as defined by 15A NCAC 2B .0202.  This Section shall only apply to specific activities which require state review after the effective date of this Rule and which require a Division determination concerning effects on surface waters or wetlands.  Activities that are described in Section 404(f)(1)(A)-(F) of the Clean Water Act (33 U.S.C. 1344) are exempt from this Rule.

(b)  These Rules outline the application and review procedures for activities that require water quality certifications (certifications) pursuant to Section 401 of the Clean Water Act (33 U.S.C. 1341).  Certifications are required whenever construction or operation of facilities will result in a discharge into navigable waters as described in 33 CFR Part 323.  The federal definition of navigable waters includes wetlands as defined at 33 CFR 328.3 and 40 CFR 230.3.

(c)  Certifications may be issued for individual activities (individual certifications) or issued for specific types or groups of activities (general certifications):

(1)           Individual certifications are issued on a case‑by‑case basis and the procedures outlined in the following Rules are required for each individual certification.

(2)           General certifications are issued for specific types or groups of activities that are similar in nature and considered to have minimal impact. The application and review procedures for requesting concurrence from the Division that the general certification can be used for the proposed activity are the same as the procedures outlined in the following Rules for individual certifications unless specifically stated otherwise in the general certification.

 

History Note:        Authority G.S. 143-215.3(a)(1); 143-215.3(c); 143B-282(1)(u);

RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;

Eff. October 1, 1996.