Section 401 Water Quality Certification
This page contains the following:
Introduction
Section 401 Water Quality Certification requirements, other than the fees , were implemented on September 29, 2005 as a result of changes made to ORC Chapter 6111.
If an individual Section 401 WQC is required, Ohio EPA encourages all applicants to review the
Pre-application Guidelines and Projects and Activities of Concern before applying. After reviewing these, applicants should download the applicable documents from this web site (see links below).
The form identified below as "fill-in" can be completed and saved using the free Adobe Acrobat™ reader (version 7.0 or later).
This following are applicable links:
401 Water Quality Certification Application Requirements
ORC section 6111.30 specifies what items must be submitted for a Water Quality Certification application package to be considered complete. The required components under ORC division 6111.30(A) are:
- A complete 401 Water Quality Certification application form [PDF 49K];
- A copy of the United States Army Corps of Engineers’ jurisdictional determination letter. If no jurisdictional determination is to be issued by the Corps, the public notice or notification that the project is authorized under a general permit will fulfill this requirement;
- If the project impacts a wetland, a wetland characterization analysis consistent with the Ohio Rapid Assessment Method;
- If the project impacts a stream for which a specific aquatic life use designation has not been made, a use attainability analysis;
- A specific and detailed mitigation proposal, including the location and proposed legal mechanism for protecting the property in perpetuity;
- Applicable permit fees (see Fees page);
- Site photographs;
- Adequate documentation confirming that the applicant has requested comments from the Ohio Department of Natural Resources and the United States Fish & Wildlife Service regarding threatened and endangered species, including the presence or absence of critical habitat;
- Descriptions, schematics, and appropriate economic information of the applicant’s preferred alternative, non-degradation alternatives and minimal degradation alternatives for design and operation of the activity;
- The applicant’s investigation report of the waters of the United States in support of the 404 permit application. If no investigation report is required by the Corps, the public notice or notification that the project is to be authorized under a general permit will fulfill this requirement; and
- A copy of the United States Army Corps of Engineers’ public notice regarding the 404 permit application. If no public notice is to be issued by the Corps, notification that the project is authorized under a general permit will fulfill this requirement.
15-Day Completeness Review
ORC division 6111.30(B) requires Ohio EPA to review an application within 15 business days of submission and to notify the applicant in writing whether the application is considered complete, or not. If incomplete, the letter will specify what parts of the application package are missing. If complete, the letter will specify what type of public notice is required for the proposed project. The letter will also provide the name and contact information for the application reviewer assigned to that project. This notification will be a letter that is faxed to the applicant or their designated agent. The applicant, or their agent, will be asked to acknowledge receipt of the 15-day review letter by signature and return fax.
Should the application be incomplete, the applicant has 60 days in which to provide the missing information. After 60 days, the Director may return the application and the review fee without further action. The application fee will not be refunded.
401 Water Quality Certification Process Changes
Other divisions of ORC section 6111.30 place requirements on Ohio EPA and the applicants for 401 Water Quality Certifications as follows:
ORC 6111.30(E) – Ohio EPA is required to forward all public comments to the applicant within five business days of receiving the comment. This is to ensure that the applicant has sufficient time to respond to the comment if necessary. Ohio EPA intends to utilize fax or e-mail, if possible, to transmit the comments as quickly as possible in order to meet this requirement.
ORC 6111.30(F) – The applicant is required to provide a written response to comments within fifteen business days of receiving them. This is to ensure that the application review process is completed in a timely fashion.
ORC 6111.30(G) – Ohio EPA is required to act on a complete application within 180 days of receiving that application and is also required to provide the applicant an opportunity to review the action prior to its issuance. These requirements provide the applicant a much shorter permitting time frame and ensure that the applicant will be aware of the pending action.
ORC 6111.30(H) – Ohio EPA is required to maintain a database of potential mitigation projects. The Division of Surface Water (DSW) Mitigation Clearinghouse serves to fulfill this requirement. Additional information regarding the clearinghouse is available on the DSW Mitigation Clearinghouse Web site.