Discharge of Dredged and Fill Material - 401 Water Quality Certification and Waste Discharge Requirements

Most projects requiring 401 Water Quality Certification fall into two categories:

1. Projects involving discharges of dredged or fill material to waters of the United States including wetlands and other water bodies. Such discharges may result from navigational dredging, flood control channelization, levee construction, channel clearing, fill of wetlands for development, or other activities.
   
   These projects involve the removal or placement of soil, sediment, and other materials in or near water bodies and require Corps permits under CWA Section 404. This information sheet concerns this category of activities.
   
   
2. Projects involving construction of hydroelectric dams, power plants, and other facilities requiring Federal Energy Regulatory Commission (FERC) licenses and projects which must secure a State water rights permit. The State Board reviews these projects for certification.
   
   For more information on certification of projects seeking FERC licenses and water rights permits, contact:

   Division of Water Rights
   State Water Resources Control Board
   P.O. Box 2000
   Sacramento, CA 95812-2000
   (916) 341-5300 (information)
   (916) 341-5308 (certification team leader)

Please download Instructions for Filling Out the CWA Section 401 Water Quality Certification Application. This will explain how to fill out the 401 application and list additional materials to send in with the application. Most certification application processes are delayed by not having a complete application and necessary information.

• 401 Application (Adobe PDF)
• 401 Application (MS Word)
  

An application fee should accompany 401 applications. The 401 Fee Calculator* describes required fee deposits and additional fees and how they are calculated.
*Be aware that this file may take several minutes to download.

Some projects (such as emergency projects and small habitat restoration projects) requiring 401 Water Quality Certification qualify for coverage under general orders. For more information on these general orders see the following links:

• General Orders for Coverage under Certain Federal Permits
• General Orders for Coverage under Statewide Initiatives

When submitting reports and notifications required by a 401 Water Quality Certification, please use the following coversheet:

• 401 Water Quality Certification Reports and Notifications Coversheet

Projects that only discharge dredge or fill material to waters of the State, and not waters of the United States, must apply for Waste Discharge Requirements.

• General Waste Discharge Requirements for Dredged or Fill Discharges to Waters Deemed by the U.S. Army Corps of Engineers to be Outside Federal Jurisdiction
  • Notice of Intent to Apply
  • Notice of Termination to Terminate Enrollment
• Individual Waste Discharge Requirements Application

21 Day Public Notices for Pending 401 Certifications

• Newell Creek Access Road Bridge Rehabilitation, April 12, 2019 – May 3, 2019
• Huckleberry Bridge Abutment Removal, April 12, 2019 – May 3, 2019

Other Public Notices

• Clear Creek Repair and Remediation, April 19, 2019 – May 10, 2019
• FEMA Storm Damage Repair, April 19, 2019 – May 10, 2019
• Notice of Intent to Use Finding of No Significant Impact in Lieu of a Negative Declaration for the San Antonio Road West Bridge Maintenance Project
• Pajaro River Bench Erosion Repair, March 8, 2019 – March 29, 2019
• Niblick Access Road, March 8, 2019 – March 29, 2019
• Extended Notice of Opportunity to Comment on Draft Cleanup and Abatement Order for Kern Ridge Growers, LLC
  • Public Comments due by November 16, 2018
• 401 Certification for Montecito Mudslide 18Storm1 Emergency Response Project

Please call the Central Coast Regional Board Control Board at (805) 549-3147 for questions on the 401 Program.

Visit the State Board 401 Water Certification Program for further information.