Clean Water Act (CWA) Section 401

Under federal Clean Water Act (CWA) section 401 every applicant for a federal permit or license for any activity which may result in a discharge to a water body must obtain State Water Quality Certification (Certification) that the proposed activity will comply with state water quality standards. Most Certifications are issued in connection with U.S. Army Corps of Engineer (Corps) CWA section 404 permits for dredge and fill discharges.

Available Documents

• 401 Water Quality Certification Processing Time Lines
• Instructions for Completing Application for CWA 401 Water Quality Certification and Waste Discharge Requirements for Dredge and Fill Projects (3/25/10)
• Lahontan Application for CWA 401 and WDR for Dredge and Fill Projects - Writeable PDF version
• Lahontan Application for CWA 401 and WDR for Dredge and Fill Projects - Word version
  • Attachment 1 - Recommendations for Maps and Drawings
  • Attachment 2 - Stream Hydrology Checklist
  • Attachment 3 - Lake Tahoe Criteria for Prohibition Exemption
  • Attachment 4 - Truckee and Little Truckee River Criteria for Prohibition Exemption
  • Attachment 5 - Minimum Requirements for a Draft Mitigation Plan
• Water Quality Certification for Discharges of Dredge or Fill Materials Under CWA Section 401
  • Questions and Answers
• Dredge and Fill Fee Calculator (Excel)
• Adopted Fee Schedule
• Section 401 Water Quality Certification Public Notices
  The State Water Resources Control Board revised State regulations for the 401 Water Quality Certification Program; these revisions went into effect on June 24, 2000. The revised regulations [23 CCR § 3830-3869] may be found at http://www.waterboards.ca.gov/laws_regulations/ or http://www.calregs.com/. State 3858 (a) states:

  "The executive director or the executive officer with whom an application for certification is filed shall provide public notice of an application at least twenty one (21) days before taking certification action on the application, unless the public notice requirement has been adequately satisfied by the applicant or federal agency. If the applicant or federal agency provides public notice, it shall be in a manner and to an extent fully equivalent to that normally provided by the certifying agency. If an emergency requires that certification be issued in less than 21 days, public notice shall be provided as much in advance of issuance as possible, but no later than simultaneously with issuance of certification."

• Pending Water Quality Certification Applications
  Selected information on pending applications currently being reviewed for consideration of Water Quality Certification under Section 401 of the Clean Water Act. The public has 21 days from the date posted to comment on projects currently under review by the Regional Board staff.
  • North Lahontan Region - Pending Applications - (WDIDs beginning with 6A)
  • South Lahontan Region - Pending Applications - (WDIDs beginning with 6B)
    • DesertXpress High-Speed Passenger Train
      
      
  If you wish to be informed of the status and/or final certification action on any of these projects and/or for further information, please contact the staff noted below. We encourage public input during the certification process. Comments on any of these projects may be submitted in writing by email or U.S. Postal Service (see the addresses below). Project descriptions included here are provided by the applicant. These lists are updated approximately every 2 weeks.
  
  
  • North Lahontan Region
    Attn: Tobi Tyler - 530 542-5435
    Lahontan Regional Water Quality Control Board
    2501 Lake Tahoe Blvd.
    South Lake Tahoe, CA 96150-7704
    
    
  • South Lahontan Region
    Attn: Jan Zimmerman - 760 241-7376
    Lahontan Regional Water Quality Control Board
    1440 Civic Drive, Suite 200
    Victorville, CA 92392
    

(Updated 12/14/11)