[author: Tommy Lavender]
The people of South Carolina now have certainty about the availability of 2012 Nationwide Permits (“NWPs”). NWPs are general permits that U.S. Army Corps of Engineers issues on a nationwide basis in order to provide quick authorization of minor activities with little paperwork.
On April 23, 2012, the South Carolina Department of Health and Environmental Control (“DHEC”) issued its 401 Water Quality Certification and Certification of Consistency with the South Carolina Coastal Zone Management Act for each of the Corps of Engineers’ 2012 Nationwide Permits. Those became effective March 19, 2012.
A letter to Lt. Col. Edward Chamberlayne of the Army Corps of Engineers, South Carolina District constituted the final DHEC decision relative to its certifications for each of the 2012 NWPs.
This is significant because no appeal was lodged. Following DHEC’s decision on the 2007 NWPs, an appeal lasted several years. Because this year’s decision was uncontested, the citizens of South Carolina have certainty about the availability of the 2012 NWPs.
Attention should be given to each of the NWPs and the respective conditions.