20051457 Ver 1_Cyndi Karoly Emails_20130812

Strickland, Bev
From: Karoly, Cyndi
Sent: Monday, August 12, 2013 2:23 PM
To: Strickland, Bev
Subject: FW:
Attachments: Bill Review WorksheetSB391.pdf
From: Karoly, Cyndi
Sent: Thursday, April 18, 2013 10:53 AM
To: Gillespie, Mitch
Subject:
Per discussion. At the time this review worksheet was submitted, we were working off the earlier version of the bill, not
the one with the isolated waters language.

N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
BILL REVIEW WORKSHEET
Bill Number: SB 391
Bill Title:
401 Certification Clarification.
Bill Sponsors:
Senators Daniel, Brock (Primary Sponsors); and Newton
Reviewer's Position:
❑ Support ✓❑ Support with Amendments ❑ Oppose ❑ Unaffected
Please describe the positive and negative impacts of this proposed bill to either your
Division or the Department:
Positive:
As it is currently written, the bill lacks clarity as to the start date for the
one -year regulatory clock. Typically, the start date can be traced to the
receipt of the application form combined with the application fee required
Negative:
under North Carolina General Statute 143.215.3D, Fee schedule for
water quality permits. However, in some instances when a Federal Public
Notice is involved for Individual 404 Permits /401 Certifications, the format
of the application may be unclear. We suggest modification of the bill
language for clarity and to note the fee required per existing statute.
Please provide any additional information you feel is necessary:
Suggested Revision:
"The Department shall not require or issue any water quality certification under the provisions of section
401 of the Clean Water Act, 33 U.S.C. § 1341, if it fails or refuses to act on a request for certification within
one year after receipt of such request, to include formal application using the joint form shared by the
Corps of Engineers and Division of Water Quality, Public Notice when required by the Corps, and submittal
of the appropriate application fee to the Division per NCGS 143.215.3D. In such cases, the certification
requirement shall be deemed waived."
Reviewer Name:
Cyndi Karoly
Reviewer Division:
Water Quality
Review Phone:
919 - 807 -6380
DENR / Office of Legislative and Intergovernmental Affairs Version 02.13.13

Bill Review Worksheet - Additional Comments
Bill No. SB 391
Reviewer Name:
Cyndi Karoly
Reviewer Division:
Water Quality
Review Phone:
919 - 807 -6380
DENR / Office of Legislative and Intergovernmental Affairs Version 02.13.13