401 Certifications of USACE 404 Dredge and Fill Permits

Nationwide Permits

WDEQ/WQD has categorically-certified the majority of the 2017 USACE Nationwide Permits on non-Class 1 waters in Wyoming with the expectation that applicants must comply with the permit’s terms and conditions, including permit specific 401 Certification conditions for the certification to be valid. These categorically-certified permits do not require an individual 401 Certification by the WDEQ/WQD. 

The following 2017 USACE Nationwide Permits ARE NOT categorically-certified (i.e. denied) and therefore an individual 401 Certification issued by the WDEQ/WQD is required: Nationwide Permits 16, 17, 23, 31, 32, 34, 38, 40, 43, 44, 52 and 53.  Nationwide Permit 27 IS NOT categorically-certified when certain criteria are met.

In addition, all dredge/fill activities authorized under a USACE Nationwide Permit to a Class 1 water requires an individual 401 Certification issued by the WDEQ/WQD. For these activities, a 14-day public notice and comment period is required.

Wyoming 401 Certification has been waived (i.e. not required) for the 2017 USACE Nationwide Permits 1, 2, 4, 8, 9, 10, 11, 15, 19, 22, 24, 28, 48 and 54.

For more information on Wyoming's 401 Certification of the 2017 USACE Nationwide Permits including permit-specific certification conditions can be found in Wyoming's 401 Certification Letter for Issuance and Reissuance of the 2017 Department of the Army Nationwide Permits.

Regional General Permits

WDEQ/WQD has categorically-certified USACE Regional General Permits 9202-05 authorizing the construction and modification of boat ramps and 8202-06 authorizing small-scale fish habitat restoration and enhancement. Applicants must comply with the permit’s terms and conditions, including permit specific 401 Certification conditions for the certification to be valid. Typically, only dredge/fill activities authorized under a USACE Regional General Permit to a Class 1 water requires an individual 401 Certification issued by the WDEQ/WQD. For these activities, a 14-day public notice and comment period is required. Otherwise, no individual 401 Certification by the WDEQ/WQD is required.

Individual Permits

All dredge/fill activities authorized under a USACE Individual Permit, regardless of surface water classification, requires an individual 401 Certification issued by the WDEQ/WQD. For these activities, the WDEQ/WQD and USACE issue a joint 30-day public notice and comment period.


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