401 Water Quality Certification

What is the Purpose of this Certification?

Applicants receiving a Section 404 Permit from the U.S. Army Corps of Engineers (Corps), a Coast Guard permit or a 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 requirements of state law. The 401 Certification can cover the construction, operation and maintenance 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 certified, certified subject to conditions, or denied specific Nationwide Permits. If certified, no further 401 Certification review by Ecology is required. If certified subject to conditions, an individual certification or Letter of Verification from Ecology is required. If denied, an individual certification is required for all activities under that Nationwide Permit.

Nationwide Permits

Who issues this Certification?

Department of Ecology

What Activities Require this Certification?

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 Certification Cost?

No fee for certification.

Where Can I Get the Application for this Certification?

The application which is called 'Joint Aquatic Resources Permit Application (JARPA)', 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, Water Quality Monitoring plan, Operation and maintenance plans, Stormwater site plans and Restoration plans.

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

• For projects requiring a U.S. Army Corps of Engineers permit Ecology must receive a copy of the public notice or Nationwide Permit authorization letter prior to making a 401 Certification decisions.
• For projects that trigger State Environmental Policy Act (SEPA) review, SEPA has to be completed prior to a 401 Certification decision.

How Long Will it Take to Review my Application?

Where do I Submit my Application?

All applications should be sent to:

Department of Ecology - SEA Program
Federal Permit Coordinator
PO Box 47600
Olympia, Washington 98504-7600

E-mail: ecyrefedpermits@ecy.wa.gov

Schematic:

schematic

How Long is my Certification 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 Certification?

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:

Legal Authority:

• Chapter 173-201A State Water Quality Rule WAC
• Chapter 173-225 Federal Clean Water Act, Section 401 WAC
• Chapter 90.48 State Water Quality Law RCW

Links:

• 401 Certification for Hydropower
• Map of 15 coastal counties in Washington
• U.S. Army Corps of Engineers
• Working in the Water

Statewide Contact:

* Permit information last updated 12/12/2012.