401 Certification

What we do
Section 401 Water Quality Certification is required for each permit or license issued by a federal agency to ensure that projects will not violate the state's water quality standards or stream designated uses. States are authorized to issue Certification under Section 401 of the Federal Clean Water Act.

The majority of certification requests are for dredge and fill operations regulated by the U.S. Army Corps of Engineers. The U.S. Coast Guard issues permits for bridge constuction on navigable waterways. The Federal Energy Regulatory Commission is responsible for licenses related to hydropower facilities. Applicants must receive State 401 Water Quality Certification before they can receive a permit from the federal agency.

The Division of Water and Waste Management may grant, grant with conditions, waive, or deny 401 Water Quality Certification. The decision to issue certification is based on project compliance with West Virginia Water Quality Standards. Field support for the 401 program is provided by the Division of Natural Resources' Wildlife Resources Section. For federally non-jurisdictional (or isolated) waters, the Division of Water and Waste Management may require a WV State Waters Permit.

NOTE: 401 Certification for mining-related projects is issued by the DEP's Division of Mining and Reclamation.

Application for 401 Certification for Non-Coal Projects
Instrucitons for 401 Certification for Non-Coal Projects
Application for WV State Waters Permit
Instructions for WV State Waters Permit

Natural Streams Preservation Act Permit
for Mountain Valley Pipeline Greenbrier River Crossing
issued 7/21/17

Atlantic Coast Pipeline 401 Certification Application
WV WQC Application Form
DOM ACP WV 401 Supplemental Info
Appendix A1 - Project Overview Map
Appendix A2 - State Overview Map
Appendix A3 - Topo Maps
Appendix A5 - Access Road Maps
Appendix C - Section 10 West Fork River Site Specific
Appendix C - Section 10 Greenbrier River Site Specific
Appendix D - SPCC Plan
Appendix E - Restoration and Rehabilitation Plan
Appendix F - Typical Design Drawings
Appendix G - Compressor Station 1 Grading Design
(Appendixes A4 - Aerial Maps and B - Wetland and Waterbody Delineation Report are large files,
and may be viewed in person at DEP Headquarters: 601 57th St SE Charleston, WV)

FERC Final Environmental Impact Statement for Atlantic Coast Pipeline
ACP FEIS , Released on 7/21/17


Contact Information

WV DEP 401 Program U.S. Army Corps of Engineers
601 57th Street, S.E. Huntington District 
Charleston, WV 25304 502 8th Steet, Room 6422

Huntington, WV 25701-2070
 Wilma Reip   Phone: (304) 399-5710
 (304) 926-0499, ext 1599   Pittsburgh District
    1000 Liberty Avenue
 Nancy Dickson   Pittsburgh, PA 15222
 (304) 926-0499, ext 1715   (412) 395-7155

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