401 Water Quality Certification

USACE Section 404 permits for discharges of dredged or fill material are the most common federal permit issued in Wyoming that requires a 401 Water Quality Certification from the WDEQ-WQD. For any dredge/fill discharges regulated by the USACE that may require a Wyoming 401 Water Quality Certification, the WDEQ-WQD recommends the applicant follow these steps:

1. Contact the USACE-Wyoming Regulatory Office to determine whether the proposed dredge/fill discharge will impact waters of the United States and whether a Section 404 Permit is required.
2. If a Section 404 Permit is required, determine whether the discharge can be authorized under a USACE Nationwide, Regional General or Individual Permit and proceed to step 3. Please note, that if no Section 404 permit from the USACE is required, then no 401 Water Quality Certification from the WDEQ-WQD is required.
3. For coverage under a USACE Nationwide or Regional General Permit, the USACE-Wyoming Regulatory Office will determine whether 401 Water Quality Certification has been categorically granted or denied based on the WDEQ-WQD 401 Certification letters for the 2021 and 2022 USACE Nationwide Permits  or Wyoming Regional General Permits 9202-06 or 8202-07.  The 401-Water-Quality-Certification-Condition-and-Decision-Matrix contains a detailed summary of the applicable WDEQ-WQD 401 Water Quality Certification decision for every USACE Nationwide Permit, Regional General Permit and Individual Permit along with associated certification conditions. For discharges where 401 Water Quality Certification has been categorically granted proceed to step 4.  For discharges where 401 Water Quality Certification has been categorically denied or where a USACE Individual Permit is required proceed to step 5.
4. Categorical 401 Certifications - If 401 Water Quality Certification of the discharge has been categorically granted, the USACE Section 404 permit will include the standard and any permit-specific certification conditions required by the WDEQ-WQD that are contained within the WDEQ-WQD’s 401 Certification letters for the 2021/2022 USACE Nationwide Permits or Wyoming Regional General Permits 9202-06 or 8202-07. These conditions ensure compliance with applicable provisions of the CWA and Wyoming surface water quality standards and are enforceable. The USACE-Wyoming Regulatory Office will send a copy of the relevant WDEQ-WQD 401 Certification letter and Section 404 Permit to the applicant.
5. Individual 401 Certifications - If 401 Water Quality Certification of the discharge has been categorically denied, an individual 401 Water Quality Certification is required. To secure an individual 401 Water Quality Certification, please follow the steps below:
   1. Though not a requirement, the WDEQ-WQD strongly encourages an applicant to request a pre-filing meeting with the WDEQ-WQD prior to submitting the formal certification request. The pre-filing meeting promotes early coordination between the applicant and the WDEQ-WQD to ensure that the required information is provided in the formal certification request and streamlines the review and processing of the certification request.
   2. The applicant must complete the Wyoming 401 Water Quality Certification Request form attach the required information including the pre-construction notification (PCN), and submit to both the WDEQ-WQD at deq.wqd401@wyo.gov and USACE-Wyoming Regulatory Office at wyoming.reg@usace.army.mil.
   3. Within 15 days from the submittal date of the Wyoming 401 Water Quality Certification Request form, the USACE-Wyoming Regulatory Office will notify the WDEQ-WQD in writing as to: 1) the date of receipt of the Wyoming 401 Water Quality Certification Request form, 2) the reasonable period of time for the WDEQ-WQD to act on the certification request, 3) the date upon which waiver of certification will occur if there is no action on the certification request, 4) the specific Section 404 permit(s) that covers the proposed discharge, 5) the DA permit number, and 6) any other pertinent information.
   4. The WDEQ-WQD will review all materials provided in the 401 Water Quality Certification Request and add conditions to the individual 401 Water Quality Certification to ensure compliance with applicable provisions of the CWA, Wyoming surface water quality standards and other state water quality requirements (e.g. TMDLs). Please note that additional information may be requested by the WDEQ-WQD during the review.
   5. Where applicable, a public notice is issued (see 401 Certifications of USACE Section 404 Permits for details) followed by review and response to public comments.
   6. If certification is granted, the signed individual 401 Water Quality Certification is issued directly from the WDEQ-WQD to the applicant and the USACE-Wyoming Regulatory Office. The conditions of the individual 401 Water Quality Certification then become part of the USACE Section 404 Permit and are enforceable. The USACE-Wyoming Regulatory Office will send the Section 404 Permit to the applicant.