20230072 Ver 1_08_Princeton SouthPine_401_Buffer Pre-filing Meeting Request Confirmation_20230112

From:
401PreFile
To:
Allison Keith
Subject:
Automatic reply: [External] 401/Buffer Pre -filing Meeting Request
Date:
Friday, September 16, 2022 11:42:45 AM
This email confirms receipt of your pre -filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre -filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's
vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule"
("Federal Rule"). As a result of the United States Supreme Court order, the Trump
Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on
applicants for 401 Certifications and on DWR's processing of those applications. One
requirement is that 401 applicants must request a pre -filing meeting request at least 30 days
prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the Federal Rule requires
that applicants include documentation of their pre -filing meeting request in their 401
Certification application. [40 C.F.R §121.1, 40 C.F.R. §121.5]. Please refer to the Federal
Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required
pre -filing meeting request documentation does not constitute a "certification request." As a
result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications
received after April 6, 2022 that do not have documentation that a pre -filing meeting request
was submitted at least 30 days prior to submittal of a 401 Certification application will be
returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non -Transportation Central Staff:
https://deq.nc.gov/about/divisions/water-resources/water-quality permitting/401-buffer-
permitting/401-buffer-permitting-contacts
For Non -Transportation Regional
Staff: https://edocs.deq.nc.g_ovov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1

For all Transportation Projects Including NCDOT Projects:
https://deq.nc. og_v/about/divisions/water-resources/water-resources-permits/transportation-
permitting/staff-contacts