NCDEQ issues decision on U.S. Army Corps of Engineers' Consistency Determination for Wilmington Harbor Dredging Project 

The North Carolina Department of Environmental Quality’s Division of Coastal Management (DCM) has completed its review of the U.S. Army Corps of Engineers (“Corps”) 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.

DCM recognizes the North Carolina Ports Authority’s interest in the Wilmington Harbor 403 Navigation Project and the benefits it could provide. Accordingly, should the Corps choose to postpone final federal action on the 403 Project and participate in the dispute resolution mechanisms described at 40 C.F.R. § 930.43(d), DCM is committed to working with the Corps to try to resolve the concerns detailed in this objection. The Division remains committed to working collaboratively with the State Ports Authority, federal partners, stakeholders and the public to support responsible management of North Carolina’s coastal resources.

“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.”

About the process

DCM received the federal Consistency Determination on Oct. 17, 2025, with a date of Sept. 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 Dec. 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.

In response, on Jan. 16, 2026, the Corps, in coordination with the non-Federal sponsor of the 403 Project, the North Carolina Ports Authority, asked DCM to pause its review of the Consistency Determination to allow time for more thorough and detailed discussion of DCM’s concerns. During the pause, the Corps and DCM discussed DCM’s concerns and possible resolutions that might allow DCM to concur with the Corps’ Consistency Determination. During that pause, DCM detailed its concerns along with possible paths forward to address the information deficiencies. By email on Feb. 16, 2026, the Corps informed DCM that it wished to resume the Consistency Determination review. Accordingly, DCM’s concurrence or objection decision became due on Feb. 24, 2026.  

The public can access project information, including the full review decision through DCM’s website.