401 Water Quality Certification

401 Water Quality Certification

What is the Purpose of this Permit?

Applicants receiving a section 404 permit from the U.S. Army Corp of Engineers, a Coast Guard permit or license from the Federal Energy Regulatory Commission (FERC), are required to obtain a section 401 water quality certification from the Department of Ecology (Ecology). Issuance of a certification means that Ecology anticipates that the applicant's project will comply with state water quality standards and other aquatic resource protection requirements under Ecology's authority. The 401 Certification can cover both the construction and operation of the proposed project. Conditions of the 401 Certification become conditions of the Federal permit or license.

For 404 permits the Corps has developed Nationwide permits to streamline the process for specific activities. The Corps reviews a proposed project to determine if an individual 404 permit is required, or if the project can be authorized under a Nationwide permit. The Nationwide permits also need 401 Certification from Ecology. Ecology has already approved, denied or partially denied specific Nationwide permits. If approved, no further 401 Certification review by Ecology is required. If partially denied without prejudice, an individual certification or Letter of Verification from Ecology is required. If denied without prejudice, an individual certification is required for all activities under that nationwide permit.

Nationwide Permits

Who issues this Permit?

Department of Ecology

What Activities Require this Permit?

Applying for a federal permit or license to conduct any activity that might result in a discharge of dredge or fill material into water or non-isolated wetlands or excavation in water or non-isolated wetlands.

How Much Will this Permit Cost?

No fee for certification.

Where Can I Get the Application for this Permit?

The application which is called 'Joint Aquatic Resources Permit Application (JARPA) form', is online and can be downloaded at http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa/9983/jarpa.aspx.

Do I Need to Include Anything with my Application?

If applicable to the project:
Mitigation plans, Operation and maintenance plans, Stormwater site plans and Restoration plans.

Is the Decision on my Permit Dependent on Anything Besides the Information in my Application?

If your project is within any of Washington's 15 coastal counties, then you need a Coastal Zone Consistency Determination (CZM). See links below for a map of the 15 coastal counties.

How Long Will it Take to Review my Application?

Individual 401's: Minimum twenty day public notice; up to one year to approve, condition, or deny. Usually less than three months, see notes/comments. Nationwide permits that have been partially denied may take a few days or weeks, after receipt of the JARPA and a letter from the Corps issuing a LOV. Letter of Verification (LOV): Usually takes 30 days but can take up to 180 days.

Where do I Submit my Application?

Review is conducted in Shoreline and Environmental Assistance within each regional office (except dredging and WSDOT projects which are done at Ecology's Headquarters). Regional staff review the applications for completeness and send out a letter or call if additional information is needed. Once the application is considered complete the regional staff starts reviewing the project to recommend approval or denial. Modifications to plans submitted maybe required. Also a site visit maybe required as part of the process.

Schematic:

View the schematic

How Long is my Permit Valid?

401 Certification becomes part of the Federal permit or license. The duration of the 401 Certification would be in effect for same time period as the permit or license, however Ecology issues 401 Certifications as 90.48 administrative orders, so they may have conditions that apply to the project longer than the Federal permit or license.

What is the Appeal Process for the Permit?

Appealable to Pollution Control Hearings Board (PCHB) within thirty days of Ecology�s decision. PCHB may not hear case for six or more months.

Notes / Comments:

If an applicant receives a nationwide permit and Ecology issues a LOV, there are no public notice requirements under 401 certification for that specific project. If the applicant receives a nationwide permit but is required to obtain an individual 401 Certification, public notice is required.

Legal Authority:

Statewide Contact:

Department of Ecology
Headquarters
300 Desmond Drive
PO Box 47600
Olympia, WA 98504-7600
Telephone: (360) 407-6000
Website: http://www.ecy.wa.gov/

* Permit information last updated 12/23/2009.

Permit Handbook > Federal Requirements