401 Water Quality Certification
What is a 401 Certification?
The federal Clean Water Act gives authority to each state to
issue a 401 Water Quality Certification (401 Certification) for
any project that needs a Federal 404 Permit. The 401 Certification
is a verification by the state that the project will not violate
water quality standards. The department works with applicants
to avoid and minimize impacts to water. As part of the 401 Certification,
the department may require actions on projects to protect water
quality. These required actions are called conditions.
A 401Certification is needed when placing material, or fill,
into the jurisdictional waters of the United States. Examples are: culverts
under road crossings, riprap along stream banks and storm water
outfall pipes. The term jurisdictional waters here refers to large
lakes, rivers, streams and wetlands, including those that don't
always contain water. The permitting and certification process
is shared between the department and the U.S.
Army Corps of Engineers. More details can be found
at the St. Louis Corps
District's Regulatory Web site.
Following is information about how to apply for a 401 Certification,
along with information about the conditions that will apply for
404 Nationwide Permits in Missouri.
How do I apply for a 401 Water Quality Certification?
| 1) |
If you are considering a project that may involve placing
materials in a lake, river, stream or wetland (including
dry streams or wetlands) contact the Corps to find out if
the project you are planning is in jurisdictional waters
and is a regulated activity. The Corps has the sole authority
to determine this. A map
of the Corps Districts, including contact numbers, will help
you determine which office you should contact.
|
| 2) |
Many activities involving relatively minor impacts are
authorized under Nationwide Permits, or NWPs. To find out
if your project fits one of these categories, visit the
Little Rock District Corps' site on Nationwide
Permits, General Conditions and Definitions to see the
descriptions and limitations. After you contact the Corps
about your project, they will send you a letter authorizing
your project under a particular permit. Although the Corps
sends the department a copy of the letters to applicants authorizing
projects as NWPs, those letters generally do not contain
all of the information needed for a complete 401 Certification
application. If the Corp's letter to you indicates that
you must obtain an individual 401 certification, please
send your application materials directly to us. If they
state that the Department of Natural Resources has 'conditionally certified' your activity,
and have enclosed our conditions, you need nothing further
from us.
|
| 3) |
If you are planning a project in jurisdictional waters,
and the Corps has stated you will need an individual certification,
you will need to provide certain information before your
401 Certification can be processed. The department has developed
an Application Checklist
listing information you must provide. The form used when
applying to the Corps for a 404 permit (ENG
Form 4345) includes most of the information needed for
a 401 Certification. You may use this form to apply for
your 401 Certification if you wish and attach any additional
information needed. You may also need to provide a mitigation
plan when impacting a jurisdictional stream and/or wetland.
See the guidelines
on appropriate mitigation.
Recent Change in 401 Certifications for NWPs as of November 2003:
As part of the most recent renewal of NWPs in 2001, the
Corps did not accept the department's conditions, and the
state was required to certify every project individually.
However, after much work with the individual Corps districts,
the department has now worked out a blanket authorization
for many projects that fall into the certain NWP categories,
click here
for the list of those categories and their conditions. The
Corps will advise you on whether your project is eligible
for blanket authorization.
|
| 4) |
Submit your application to:
Missouri Department of Natural Resources
Water Protection Program, 401 Unit
P.O. Box 176
Jefferson City, MO 65102-0176
A certification costs $75. (A blanket authorization costs
nothing.) You will receive an invoice along with the certification
decision letter. Please do not send a check until the
invoice is mailed to you. The invoice contains information
on how to make payment. Payment must be received within
10 days of receipt of the certification decision letter
(15 days for government agencies). Upon receipt of the fee,
a copy of the certification will be mailed to the appropriate
office of the Corps of Engineers to inform them the certification
is now in effect and final.
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How can I get more information on 404 permits or 401 certifications?
For more information about when a 404 permit is required or other
questions on 404 permits, contact the Corps district office for
your area as indicated on the map,
or go to the Corps'
main Web site.
For more information on 401 certifications, contact the department
by e-mail
or by calling
573-751-1300.
Missouri General Water Quality Certification
Conditions
Joint
Public Notices Open For Comment- These public notices are issued jointly between the Missouri
Department of Natural Resources' Water Protection Program and the
Corps.
Department's Comments to U.S. Army Corps of Engineers on Federal Register's Proposal to Reissue and Modify Nationwide Permits
Comments to U.S. Army Corps of Engineers - Washington, D.C. PDF
Resources
U.S. Army Corp of Engineers
St Louis District
Permitting
and Certification Process - Who needs a permit?
ENG
Form 4345 - 404 application form (can also be used for
401 application)
Little Rock District
Nationwide
Permits, General Conditions and Definitions
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