401 Water Quality Certification

Enforcement Actions

The DEQ undertakes enforcement actions to preserve safe environmental conditions throughout Wyoming. 

This page contains information on the enforcement actions that the Water Quality Division may undertake, as well as a record of enforcement actions that have been undertaken by WQD.

If the download box is not working below, please click here.

Electronic Documents Submittal

Electronic document submittal is available for WQD permit applications, reports, and other communications.
Visit:  WDEQ Water Quality Division Downloads

You do NOT need to follow up the electronic submission with a hard copy submission unless you are specifically contacted by a WQD staff person with a request to do so.

Need to report a spill or complaint? Please visit https://deqspills.wyo.gov/home

Submitting a public comment? WQD is unable to accept public notice comments through this system. Refer to the public notice document for instructions on how to submit comments or visit https://wq.wyomingdeq.commentinput.com/comment/search.

NOTICE: All applications for water distribution systems and/or sewage collection systems that are within the Cheyenne Board of Public Utilities (BOPU) district shall be submitted to the BOPU for approval. Contact Frank Strong or Bryce Dorr at (307) 637-6460, ENGreview@cheyennebopu.org, or http://cheyennebopu.org for additional information.

Recent General Permit Authorizations

The DEQ Water Quality Division accepts comments on all permits authorized under a general permit for a period of 30 days, as provided for in W.S. 35-11-801(d).

Interested persons may mail or fax comments to the main Cheyenne office. The ‘Date’ column in the table below indicates the date the authorization was posted to the website. Comments must be received before 5:00 pm on the 30th day after the authorization was posted to the website. For example, comments for an authorization posted on 10/1/18 must be received by 5:00 p.m. on 10/31/18. DEQ does not accept emailed comments.

You may sort the table by posting date or search for the type of general permit, the county where the permit was issued, the permit number, or the name of the person or company to whom the permit was issued.

If you wish to review the general permit documents, please go to the web page for each permitting program:

If the download box is not working below, please click here.

Proposed Rules and Regulations

The Water Quality Division will present proposed revisions to Water Quality Rules Chapter 1, Wyoming Surface Water Quality Standards; and Chapter 2, Permit Regulations for Discharges to Wyoming Surface Waters to the Water and Waste Advisory Board at their June 13, 2024 meeting, starting at 9:00 a.m. The proposed revisions to Chapter 1 (1) fulfill the federal requirements at 40 CFR § 131.20, (2) restructure and align requirements with state law and federal law, regulations, and guidance; (3) revise designated uses and remove the designated use classification system; and (4) provide minor updates to specific water quality criteria. The proposed revisions to Chapter 2 (1) update references to the designated use classification system to reflect proposed revisions to Chapter 1; and (2) incorporate provisions related to fish toxicants, aquatic pesticides, and short-term sediment disturbance that Water Quality Division proposes to move from Chapter 1 to Chapter 2. More information is available at: http://deq.wyoming.gov/shwd/wwab/ under the “Upcoming Meeting” tab

Rules and Regulations

All official Wyoming State Rules and Regulations are kept at the Wyoming Secretary of State’s Office. Click here to view all current Rules and Regulations.

401 Water Quality Certification

Under Section 401 of the federal Clean Water Act (CWA) and 40 CFR Part 121, any applicant for a federal license or permit to conduct an activity that may result in a discharge of a pollutant into a water of the United States must obtain a 401 Water Quality Certification from the state certifying authority that ensures the discharge will comply with applicable provisions of the CWA and state surface water quality standards.

In Wyoming, 401 Water Quality Certifications are required for discharges that need coverage under federal 1) U.S. Army Corps of Engineers 404 dredged and fill permits and 2) Federal Energy Regulatory Commission (FERC) hydropower licenses.

The federal license or permit cannot be issued until the 401 Water Quality Certification has been granted or waived by the state certifying authority. All conditions of the 401 Water Quality Certification become conditions of the federal permit or license.

The Wyoming Department of Environmental Quality-Water Quality Division (WDEQ-WQD) is the certifying authority responsible for issuing 401 Water Quality Certifications within the State of Wyoming (excluding the Wind River Reservation) for the following types of federal permits or licenses that authorize discharges to waters of the United States:

U.S. Army Corps of Engineers (USACE) Section 404 Permits:

CWA Section 404 establishes a program to regulate the discharge of dredged or fill materials into waters of the United States.  The USACE Wyoming Regulatory Office is responsible for issuing 404 Dredge and Fill Permits in Wyoming. Common activities that typically require a 404 Dredge and Fill permit include but are not limited to:

  • Placement of fill in a wetland or other water
  • Dredging or excavating bodies of water
  • Stream bank stabilization or alteration
  • Stream channel enhancement or restoration
  • Construction of a bridge, road, utility or pipeline crossing over a waterbody
  • Dredging or excavating potentially contaminated sediments
  • Construction of any type of permanent or temporary dam, causeway, levee or other related structure
  • Construction of a pond, wetland, detention basin or related feature
  • Dock/ramp construction
U.S. Army Corps of Engineers Section 10 Permits:

The federal Rivers and Harbors Act of 1899 requires authorization from the USACE (via a Section 10 permit) for the dredging or disposal of dredged materials, excavation, filling, re-channelization or any other modification of a jurisdictional Section 10 water of the United States. Flaming Gorge Reservoir is the only Section 10 water in Wyoming. The USACE Wyoming Regulatory Office is responsible for issuing Section 10 permits in Wyoming.

Federal Energy Regulatory Commission (FERC) Hydropower Licenses

Under Section 23(b)(1) of the Federal Power Act, a license from the Federal Energy Regulatory Commission (FERC) is required to construct, operate, and maintain a non-federal hydroelectric project that is or would: (a) be located on a water of the United States; (b) occupy public lands or reservations of the United States; (c) utilize surplus water or water power from a federal dam; or (d) be located on a body of water over which Congress has Commerce Clause jurisdiction, project construction occurred on or after August 26, 1935, and the project affects the interests of interstate or foreign commerce.

David Waterstreet, Program ManagerWatershed Program307-777-6709
Clean Water Act (CWA) Section 401 Certification and Turbidity Waivers  
Eric Hargett (Cheyenne)CWA Section 401 Certification, Turbidity Waivers307-777-6701
Data Quality Assurance and Quality Control (QA/QC)  
Jillian Scott (Cheyenne)Data QA/QC307-777-6372
Nonpoint Source Pollution Program  
Alexandria Jeffers (Cheyenne)Nonpoint Source Program307-777-6733
Surface Water Monitoring Program  
Jeremy Zumberge, Program Supervisor (Sheridan)Surface Water Monitoring Program307-675-5638
Tavis Eddy (Lander)Surface Water Monitoring Program307-335-6957
Eric Hargett (Cheyenne)Surface Water Monitoring Program307-777-6701
Jason Martineau (Sheridan)Surface Water Monitoring Program307-675-5632
Triston Rice (Cheyenne)Surface Water Monitoring Program307-777-6353
Chad Rieger (Sheridan)Surface Water Monitoring Program307-675-5637
Michael Wachtendonk (Lander)Surface Water Monitoring Program307-335-6751
Surface Water Quality Standards  
Lindsay Patterson, Program Supervisor (Cheyenne)Surface Water Quality Standards307-777-7079
Kelsee Hurschman (Cheyenne)Surface Water Quality Standards, Harmful Cyanobacterial Blooms307-777-2073
Madeleine Hamel (Cheyenne)Surface Water Quality Standards, National Environmental Policy Act (NEPA)307-777-7050
Total Maximum Daily Load (TMDL) Program  
Ron Steg, Program Lead (Lander)Total Maximum Daily Load (TMDL)307-335-6980
Bret Callaway (Cheyenne)Total Maximum Daily Load (TMDL)307-777-5802
Water Quality Lab  
Steve Vien, Lab Supervisor (Cheyenne)Water Quality Lab307-777-7654
Alexandra Cook (Cheyenne)Water Quality Lab307-777-7151
Marisa Latady (Cheyenne)Water Quality Lab307-777-6783
Vacant (Cheyenne)Water Quality Lab307-777-3770
Other Information

Eric Hargett
401 Certification Coordinator