401 Certification

Overview

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: The West Virginia Department of Environmental Protection, Division of Water and Waste Management, 401 Water Quality Certification program is requiring a pre-filing meeting for all individual certification requests in accordance with EPA's revision of State Certification of Activities Requiring a Federal Permit, 40 CFR § 121 (2020). Please contact Brian Bridgewater with questions or to submit a pre-filing meeting request. 401 Certification for mining-related projects is issued by the DEP's Division of Mining and Reclamation.


Documents and Public Notices

Documents

Public Notices


Contact Us

WV DEP Contact Information

Brian Bridgewater, Environmental Resources Analyst
West Virginia Department of Environmental Protection
Division of Water and Waste Management
601 57th St. SE
Charleston, WV 25304
Phone: (304) 926-0499 x43891
Email: Brian.L.Bridgewater@wv.gov

Nancy Dickson, Environmental Resources Specialist 3
West Virginia Department of Environmental Protection
Division of Water and Waste Management
601 57th St. SE
Charleston, WV 25304
Phone: (304) 926-0499 x43834
Email: Nancy.J.Dickson@wv.gov

U.S. Army Corps of Engineers Contact Information

Huntington District

502 8th Steet, Room 6422
Huntington, WV 25701-2070
Phone: (304) 399-5710
Huntington District

Pittsburgh District

1000 Liberty Avenue
Pittsburgh, PA 15222
Phone: (412) 395-7155
Pittsburgh District