401 Certification

Project proponents seeking water quality certification from NDEP must request a pre-filing meeting at least 30 days prior to submitting a request for certification. Pre-filing meeting requests shall include:

• A statement that it is ‘‘a request for Clean Water Act Section 401 certification pre-filing meeting’’
• The name of the project proponent and appropriate point of contact
• The planned project location (including identification of waters of the United States into which any potential discharges would occur)
• The specific federal permit or license triggering the need for a Section 401 Certification and a list of all other necessary authorizations (e.g., other federal, state, interstate, local, etc.).
• The project type and a brief description of anticipated project construction and operation activities
• The anticipated implementation date(s).

Pre-filing meeting requests must be submitted via email to ndep401 [at] ndep.nv.gov

Where Nevada Division of Environmental Protection is the certifying authority, submission requirements for individual certification requests include the following mandatory items: 

• Complete certification request application (forms available below)
• A copy of the federal permit or license application and any readily available water quality-related materials that informed the development of the federal license or permit application
• A map or diagram of the proposed project site(s) including project boundaries in relation to waters of the United States, local streets, roads, and highways
• Descriptions of the best management practices (BMPs) to control the discharge of pollutants, a sediment and erosion control plan, and/or a Stormwater Pollution Prevention Plan (SWPPP)
• Engineered drawings (70% design level preferred).

All requests for certification for the issuance of a general Federal license or permit must be in writing, signed, dated and must include:

• A copy of the draft Federal license or permit; and
• Any readily available water quality-related materials that informed the development of the draft Federal license or permit.

Applications and attachments must be submitted via email to ndep401 [at] ndep.nv.gov

Certification request applications are available in both .doc and .pdf file formats:

• Certification Request Application (doc format)
• Certification Request Application (pdf format)
• Guidance for Completing a Certification Request Application

Consistent with Clean Water Act Section 401(a)(1), the following outlines the procedures for public notices and public hearings for all applications for certification submitted to the Nevada Division of Environmental Protection (NDEP).

Upon receipt of a certification request that complies with applicable submission procedures, NDEP will issue a public notice of the request for certification on the NDEP webpage titled “News and Public Notices”.

In accordance with Nevada Revised Statutes (NRS) 445A.620, no action will be taken until public notice has been issued and an opportunity for a public hearing has been provided. Public comment regarding a certification request submitted to NDEP will be open for 30 days. Each public notice will include the opportunity to request a public hearing. Public comments or requests for a hearing must be filed within the comment period and must indicate the interest of the person in filing the request and the reasons why a hearing is warranted.

All water quality-related comments or objections received within the 30-day comment period will be considered in the formulation of the final certification decision. If written comments indicate a significant degree of public interest in the request for certification, NDEP shall hold a public hearing. A public notice of such hearing will be issued not less than 30 days prior to the hearing date.

Stay Informed About Public Notices from the 401 Certification Program

Notification regarding public notices issued by the 401 Certification Program are sent to a listserv. To sign up to receive notifications, scroll to the bottom of this webpage and click the orange “Get Notices” button. From there:

1. Select “401 Certification” from the available options.
2. Enter your email address.
3. Click “Submit” to complete your subscription.

Once enrolled, you will receive timely notifications of public notices through the 401 Certification Program Listserv.

Please click here to review the latest public notices issued by NDEP.

For more information contact:

Zachary Carter, Environmental Scientist III
Nevada Division of Environmental Protection
Bureau of Water Quality Planning
901 South Stewart Street, Suite 4001
Carson City, Nevada 89701-5249
(775) 687-9456 | ndep401 [at] ndep.nv.gov

U.S. Army Corps of Engineers
Sacramento District – Reno Regulatory Office
300 Booth Street, Room 3050
Reno, Nevada 89509
(775) 784-5304 | spkregulatorymailbox [at] usace.army.mil

Quick Links:

• 2023 Certification Rule Flowchart
• EPA Clean Water Act Summary
• EPA Clean Water Act, Section 401 Certification
• EPA Clean Water Act, Section 404
• U.S. Army Corps of Engineers - Sacramento District Regulatory Program
• U.S. Army Corps of Engineers - Regional General Permits
• U.S. Army Corps of Engineers - 2021 Nationwide Permits
• NDEP 401 Water Quality Certification Status for Current Nationwide Permits