Remember to see Types of Permits to assist you in determining which type of permit would be most appropriate for your proposed project.
If you have questions about the extent of wetlands on your site, please contact USACE to arrange for a wetland jurisdictional determination or a site review. For additional information, see Jurisdictional Determinations. This will allow you to plan your project to avoid and minimize impacts to wetlands where possible.
Section 401 Water Quality Certification
Under Section 401 of the CWA, a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the United States unless a Section 401 water quality certification is issued, or certification is waived. The State of Alaska and the EPA (in certain locations) are the certifying authorities responsible for issuing water quality certifications in the State of Alaska. The Section 401 certification can cover both the construction and operation of the proposed project. Conditions of the Section 401 certification become conditions of the DA permit issued by the Corps. Section 404 permits generally require Section 401 water quality certifications. Section 10 permits may also require Section 401 water quality certifications.
When you apply for a permit from the USACE, Regulatory Division, you are often required to obtain a Section 401 water quality certification from the certifying authority. The Section 401 certification is generally conducted at the same time as the USACE, Regulatory Division’s review. To apply for a Section 401 certification, contact the applicable certifying authority. The certifying authorities in Alaska are: U.S. Environmental Protection Agency, Region 10 (EPA) and the Alaska Department of Environmental Conservation (ADEC). EPA is the certifying authority for activities in Metlakatla Indian Community, some Native Allotments, and Denali National Park. Alaska Department of Environmental Conservation (ADEC) is the certifying authority for activities in Alaska on all other lands not under EPA’s authority identified above.
However, Nationwide Permits and Regional General Permits have typically been previously certified and do not require an individual 401 certification. Therefore, it is important that you communicate with the USACE, Alaska District, Regulatory Division prior to submitting a certification request to determine the type of permit you may require.
If you need an Individual Clean Water Act 401 Certification
- Submit a Pre-Filing Meeting Requests (Section 121.4)
Project proponents must request a pre-filing meeting from the ADEC or EPA at least 30 days before requesting certification unless the certifying authority waives or shortens this requirement. Reference the ADEC CWA 401 Certification website for the application and instructions for submitting a pre-filing request or the EPA Section 401 of the Clean Water Act website. This approach encourages early engagement between project proponents, federal agencies, and certifying authorities, while providing certifying authorities flexibility to determine if a pre-filing meeting is necessary. Providing an early opportunity (if deemed necessary) to address any issues or questions allows the certification process to move efficiently.
- Submit a Request for Certification (Section 121.5) once pre-filing process is completed (30 days after submittal of pre-filing request)
You MUST include the following in your request for certification or it will be considered incomplete: (1) a copy of the permit application submitted to the Corps (for individual permits), and (2) any readily available water quality-related materials that informed the development of the application or the draft federal license or permit. ADEC or EPA may define other contents necessary for a request for certification. Other such contents must be relevant to the water quality related impacts from the activity and identified prior to when the request for certification is made. Reference the ADEC CWA 401 Certification website or the EPA Section 401 of the Clean Water Act website for the application, requirements, and instructions for submitting a request for certification.