IN RESPONSE TO THE REVISED FEDERAL CLEAN WATER ACT SECTION 401 CERTIFICATION RULE EFFECTIVE October 12, 2023 _________________________________________________________________________________________________________________________________
On Thursday April 7, 2022 the Environmental Protection Agency's "Clean Water Act Section 401 Certification Rule" ("Federal Rule") was reinstated to its previous version which originally became effective on September 11, 2020. In accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre-filing meeting with the certifying agency". In accordance with 40 C.F.R Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a prefiling meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Please refer to the Federal Rule for more information. To send a pre-filing request please submit an email request by clicking 401PreFile.
Effective Immediately, all 401 applications received without documentation that a pre-filing meeting request was submitted at least 30 days prior will be denied as incomplete.
Electronic Applications and Forms
Supplemental Information Project types include: New Project, Modification\New Project with Existing ID, Pre-Applicaiton Submittal, More Information Response, Other Agency Comments, Stream or Buffer Appeal, Re-issuance\Renewal Request, and For the Record Only (Courtesy Copy)