15A N.C. Admin. Code 2H.1402

Current through Register Vol. 39, No. 9, November 1, 2024

Section 02H .1402 - FILING APPLICATIONS

(a) Any person seeking issuance of an individual permit or Certificate of Coverage under a general permit for discharges resulting from activities that affect federally non-jurisdictional wetlands or federally non-jurisdictional classified surface waters shall file with the Director, at 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617, or 512 N Salisbury Street, Raleigh, NC 27604, an original and one copy of an application for a permit or submit one complete copy of an application electronically via the following website: https://edocs.deq.nc.gov/Forms/DWR_Wetlands_Online_Submittal_Page. The application shall be made on a form provided or approved by the Division, available electronically via the following website: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-branch/application. The application shall include at a minimum the following:

(1) the date of application;

(2) the name, address, and phone number of the property applicant. If the applicant is not the property owner(s), name, address, and phone number of the property owners(s);

(3) if the applicant is a corporation, the name and address of the North Carolina process agency, and the name, address, and phone number of the individual who is the authorized agent of the corporation and responsible for the activity for which certification is sought. The corporation must be registered with the NC Secretary of State's Office to conduct business in NC;

(4) the nature of the discharge, including cumulative impacts to all wetlands and waters (isolated wetlands, isolated classified surface waters, federally non-jurisdictional wetlands, federally non-jurisdictional classified surface waters, jurisdictional wetlands, and jurisdictional waters) that cause or will cause a violation of downstream water quality standards resulting from an activity to be conducted by the applicant;

(5) whether the discharge has occurred or is proposed;

(6) the location and extent of the discharge, stating the municipality, if applicable, and the county; the drainage basin; the name of the nearest named surface waters; and the location of the point of discharge with regard to the nearest named surface waters;

(7) an application fee as required by G.S. 143-215.3D. If payment of a fee is required for a 401 Water Quality Certification, then that fee shall suffice for this Rule;

(8) a map(s) with scales and north arrows that is legible to the reviewer and of sufficient detail to delineate the boundaries of the lands owned or proposed to be utilized by the applicant in carrying out the discharge; the location, dimensions, and type of any structures that affect federally non-jurisdictional wetlands or federally non-jurisdictional classified surface waters for use in connection with the discharge; and the location and extent of the federally non-jurisdictional wetlands or federally non-jurisdictional classified surface waters within the boundaries of the lands; and

(9) a signature by the applicant or an agent authorized by the applicant. If an agent is signing for the applicant, an agent authorization letter shall be provided. In signing the application, the applicant certifies that all information contained therein or in support thereof is true and correct to the best of their knowledge.

(b) The Division may request in writing, and the applicant shall furnish, any additional information necessary to clarify the information provided in the application under Paragraph (a) of this Rule, or to complete the evaluation in Rule .1405 of this Section.

(c) If the applicant believes that it is not feasible or is unnecessary to furnish any portion of the information required by Paragraphs (a) and (b) of this Rule, then the applicant shall submit an explanation detailing the reasons for omission of the information. The final decision regarding the completeness of the application shall be made by the Division based upon the information required in Paragraphs (a) and (b) of this Rule, and any explanation provided by the applicant regarding omitted information provided in this Paragraph.

(d) Pursuant to G.S. 143-215.3(a)(2), the staff of the Division shall conduct such investigation as the Division deems necessary to clarify the information provided in the application under Paragraph (a) of this Rule or to complete the evaluation in Rule .1405 of this Section. For the purpose of review of an application, the applicant shall allow the staff safe access to the lands and facilities of the applicant and lend such assistance as shall be reasonable for those places, upon the presentation of credentials, and advanced notice of at least three days.

(e) Other applications for permitting or certification by a division of the Department shall suffice for application for this permit as long as the application contains all of the information specified in this Rule and it is specifically requested to the Division by the applicant that authorization is sought under this Rule. This application shall be submitted by the applicant to the Division for review under this permit.

15A N.C. Admin. Code 02H .1402

Authority G.S. 143-214.1; 143-215.1(a)(6); 143-215.3(a)(1);
Temporary Adoption Eff. May 28, 2021.

Authority G.S. 143-214.1; 143-215.1(a)(6); 143-215.3(a)(1);
Temporary Adoption Eff. 5/28/2021.