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401 Water Quality Certification is required for those types of projects that would impact waters of the United States and a federal license or permit is required.
Section 401 of the Clean Water Act (33 U.S.C. 1341) requires any applicant for a federal license or permit to conduct any activity that may result in a discharge of a pollutant into waters of the United States to obtain a certification from the State in which the discharge originates or would originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the affected waters at the point where the discharge originates or would originate, that the discharge will comply with the applicable effluent limitations and water quality standards. A certification obtained for the construction of any facility must also pertain to the subsequent operation of the facility.
Processing of an application for a 401 Water Quality Certification normally will proceed concurrently with the processing of other required Federal, state, and/or local authorizations or certifications.
For 401 Water Quality Certification projects once a complete application is received the certification will be either wavied, certified or denied within a "reasonable time". The U.S. Army Corps of Engineers has defined "reasonable time" to be 60 calendar days, starting with receipt of a complete application, but may extend this period up to one year on a case-by-case basis.
When an application for a 401 Water Quality Certification is received the certification officer shall review the application for completeness, and if the application is incomplete, request from the applicant within 15 days of receipt of the application any additional information necessary for further processing.
For more information about the 401 Water Quality Certification process and the application form and guidance document, follow the links below to the Bureau of Water Quality Planning's webpage.
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