Regulatory Permit Program

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2021 Nationwide Permits

In the January 13, 2021 issue of the Federal Register (86 FR 2744), the U.S. Army Corps of Engineers (Corps) announced the reissuance of 12 existing Nationwide Permits (NWPs) and the issuance of 4 new NWPs. In this Federal Register notice, the Corps also announced the reissuance of the 32 existing NWP general conditions. These 16 NWPs and their general conditions and definitions go into effect on March 15, 2021.

Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. Many of the proposed NWPs require notification to the district engineer before commencing those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects.

Many NWPs in NC require Pre-Construction Notification (PCN) in writing to allow for verification of permit conditions for the work. The District and the North Carolina Division of Environmental Quality (NCDEQ) have developed an electronic Pre-Construction Notification (ePCN) form for current Nationwide Permits (NWP) and Regional General Permits (RGP). The ePCN is an online form which allows all required information to be uploaded and provided to the reviewing agencies electronically.

Similar to previous versions of the Pre-Construction Notification form, the ePCN serves as a joint application satisfying both the USACE and NCDEQ reporting requirements for certain activities authorized through NWPs and RGPs under Sections 401 and 404 of the Clean Water Act, and Section 10 of the Rivers and Harbor Act of 1899.

The use of this ePCN is not a USACE requirement. However, the ePCN process is now the preferred method for accepting application information for the permits stated above. If you have additional questions, please contact the USACE at (910) 251- 4633.

The ePCN can be found at the following link:

https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form

2021 NWP Documents - Terms, General Conditions and Regional Conditions

  • NWP 12 - Utility line Activities
  • NWP 21 - Surface Coal Mining Activities
  • NWP 29 - Residential Developments
  • NWP 39 - Commercial Developments
  • NWP 40 - Agricultural Activities
  • NWP 42 - Recreational Facilities
  • NWP 43 - Stormwater Management Facilities
  • NWP 44 - Mining Activities
  • NWP 48 - Commercial Shellfish Mariculture Activities 
  • NWP 50 - Underground Coal Mining Activities  
  • NWP 51 - Land Based Renewable Energy Generation Facilities 
  • NWP 52 - Water Based Renewable Energy Generation Pilot Projects 
  • NWP 55 - Seaweed Mariculture Activities
  • NWP 56 - Finfish Mariculture Activities
  • NWP 57 - Electric Utility Line and Telecommunications Activities
  • NWP 58 - Utility Line Activities for Water and Other

Water Quality Certifications (WQC) for the 2021 NWPs - State of North Carolina

Water Quality Certifications (WQC) for the 2021 NWPs - Eastern Band of Cherokee Indians (EBCI)

Coastal Zone Management Act (CZMA) Consistency Determination for the 2021 NWPs

2017-2022 Nationwide Permits

This page contains information about the 2017 five year re-authorization of the Nationwide Permits, effective March 19, 2017.  The 2012 authorized Nationwide Permits (NWPs) expired on March 18, 2017.  For minor projects in federal waters and wetlands in North Carolina (NC), the NWPs can be used for specific activities (see list below) provided the work complies with all associated general conditions and regional general conditions. 

 

For NWPs That Have Reporting Requirements:

Many NWPs in NC require Pre-Construction Notification (PCN) in writing to allow for verification of permit conditions for the work. 

The District and the North Carolina Division of Environmental Quality (NCDEQ) have developed an electronic Pre-Construction Notification (ePCN) form for current Nationwide Permits (NWP) and Regional General Permits (RGP). The ePCN is an online form which allows all required information to be uploaded and provided to the reviewing agencies electronically.

Similar to previous versions of the Pre-Construction Notification form, the ePCN serves as a joint application satisfying both the USACE and NCDEQ reporting requirements for certain activities authorized through NWPs and RGPs under Sections 401 and 404 of the Clean Water Act, and Section 10 of the Rivers and Harbor Act of 1899.

The use of this ePCN is not a USACE requirement. However, the ePCN process is now the preferred method for accepting application information for the permits stated above. If you have additional questions, please contact the USACE at (910) 251- 4633.

The ePCN can be found at the following link:

https://edocs.deq.nc.gov/Forms/Pre-Construction_Notification_Form

District Documents

  •    
  • Public Notice, dated March 17, 2017, with the Finalized Regional General Conditions for use with 2017 NWPs in the Wilmington District (US waters and wetlands in NC).
  • Consistency Concurrence Letter regarding Coastal Zone Management Act (CZMA), dated February 23, 2017, from NC Division of Coastal Management (DCM)
  • Approval Letter from Wilmington District Engineer for 2017 NWPs Use in NC, dated March 7, 2017.
  • Approval Letter from South Atlantic Division Engineer for 2017 NWPs Use in NC, dated March 14, 2017.

 


 

Comment Period 

June 7, 2016 - August 1, 2016