NCDEQ issues decision on USACE’s Consistency Determination for Wilmington dredging

The North Carolina Department of Environmental Quality’s Division of Coastal Management (DCM) has completed its review of the USACE Federal Consistency Determination and Draft Environmental Impact Statement (DEIS) for the proposed Wilmington Harbor Section 403 Navigation Improvement Project.

DCM has objected to the Corps’ Consistency Determination because the 403 Proposal and supporting documentation did not supply sufficient information about PFAS, flooding, and placement of dredged material to allow DCM to adequately evaluate consistency with North Carolina’s enforceable coastal laws and policies.

Additionally, DCM determined that there was sufficient data and evidence in the supplemental materials to raise concerns that the project proposed is inconsistent with North Carolina’s Coastal Management Program because it would cause significant adverse impacts to coastal resources, including fisheries, communities already prone to coastal erosion and shoreline instability, and state and historic properties.

“The Division of Coastal Management’s decision will protect public health from forever chemicals like PFAS and preserve treasured coastal resources in the lower Cape Fear River Basin,” said DEQ Secretary, Reid Wilson. “If the Army Corps of Engineers can make changes to its proposal to protect people’s health and the environment, we are at the table to continue this conversation.”

DCM received the federal Consistency Determination on October 17, 2025, with a date of September 18, 2025. The Corps determined that the 403 Project, as described and analyzed in the September 2025 DEIS, is consistent, to the maximum extent practicable, with North Carolina’s Coastal Management program. Pursuant to 16 U.S.C § 1456(c), the Corps requested DCM’s review and concurrence on behalf of the State of North Carolina.

In November, DCM conducted a public hearing in Wilmington to provide opportunity to comment in person. Seventy-two people attended the hearing, with unanimous opposition towards the project. In both written and verbal comments received by DCM at the hearing, speakers raised concerns about a number of environmental and human health issues, especially the presence, disturbance and placement on land of PFAS believed to be located within the sediment that would be dredged as part of the 403 Project.

In a formal written comment period through December 20, 2025, DCM received and evaluated 132 written comments, with 125 opposed to the project. Five state agencies also provided formal comment letters and those were considered in DCM’s review.

After review of the Consistency Determination and materials, DCM informally advised the Corps of concerns it had, particularly with regard to the lack of necessary information related to PFAS and flooding.