Responsible Agency POC:
Savannah Harbor Expansion Project
Ad Hoc Activity
The water quality certification permit is issued by the State under Section 401 of the Clean Water Act. Ther permit is issued by the state to regulate activities that will result in the discharge of dredged material into navigable waters. The SC DHEC issued a 401 Water Quality Certification & Coastal Zone Management permit on the 365th day of a 1-year statutory decision window. However, South Carlolina is not clear on which agency within the state has/had the authority to issue those environmental clearances. The South Carolina Supreme Court is to issue a decision soon which agency has/had the authority. Resolution of this issue (either clarification of the Federal government's need for state clearances or validation by SC of the 15 Nov 2011 clearance) is needed prior to advertising most construction contracts.