NC S391

Declares that the North Carolina Department of Environment and Natural Resources waives its right to issue a water quality certification under Section 401 of the Clean Water Act if it fails to act within one year of receiving a certification request.

Prohibits the Department from requiring or issuing a water quality certification if it does not respond to a request within the one-year timeframe.

Adds a new section (§ 143-214.15) to Chapter 143 of the North Carolina General Statutes establishing that the certification requirement is deemed waived when the Department fails to act within one year.

Aligns North Carolina law with federal Clean Water Act provisions that establish a one-year timeframe as the maximum reasonable time for certification decisions.

Becomes effective July 1, 2013.