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.
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:
Is the Decision on my Certification Dependent on Anything Besides the Information in my Application?
How Long Will it Take to Review my Application?U.S. Army Corps of Engineers permits - Individual 401's: Ecology has up to one year from the Corps public notice to certify, deny, or waive. Usually less than three months, see notes/comments. Nationwide Permits that have been certified subject to conditions may take up to 180 days. However, after receipt of the JARPA and a letter from the Corps, a Letter of Verification (LOV) could be issued within a few days or weeks.
Where do I Submit my Application?
All applications should be sent to:
Schematic:View the 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: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.
300 Desmond Drive
PO Box 47600
Olympia, WA 98504-7600
Telephone: (360) 407-6000
* Permit information last updated 12/12/2012.
Department of Ecology Environmental Permitting Project Questionnaire © ORA