Issuing Agency:
NDEP in conjunction with the U.S. Army Corps of Engineers (USACE) and the EPA.
Contact:
Nevada Division of Environmental Protection
Bureau of Water Quality Planning
901 South Stewart Street, Suite 4001
Carson City, Nevada 89701-5249
Zachary Carter, Environmental Scientist III
(775) 687-9456 | ndep401 [at] ndep.nv.gov
U.S. Army Corps of Engineers
Sacramento District – Reno Regulatory Office
300 Booth Street, Room 3050
Reno, Nevada 89509
(775) 784-5304 | spkregulatorymailbox [at] usace.army.mil
Regulated Activity:
Any activity that may result in a discharge into waters of the United States, including wetlands, requires a Section 401 Water Quality Certification. This certification ensures that the discharge will comply with state water quality standards.
Prerequisite(s):
A completed application package including detailed project plans, maps, and descriptions of potential impacts on water quality.
Compliance with Section 404 of the Clean Water Act, as Section 401 Certification often accompanies Section 404 permits.
Pre-Filing Meeting
Project proponents seeking water quality certification from NDEP must request a pre-filing meeting at least 30 days prior to submitting a request for certification. Pre-filing meeting requests should be directed to ndep401 [at] ndep.nv.gov and shall include:
A statement that it is ‘‘a request for Clean Water Act Section 401 certification pre-filing meeting’’
The name of the project proponent and appropriate point of contact
The planned project location (including identification of waters of the United States into which any potential discharges would occur)
A list of any other necessary licenses/permits (e.g., local, state, interstate, or other federal authorizations, etc.)
The project type and a brief description of anticipated project construction and operation activities
The anticipated implementation date(s)
Processing Time:
NDEP takes approximately 90 days to process as it requires a public notice. Post certification takes 30 -180 days (likely 30-90).
Fees:
Fees vary by state and the complexity of the project, generally ranging from a few hundred to several thousand dollars.
Submittal:
Application Package including project description, water impact assessment, and mitigation plans.
When To Submit:
As early as possible during the project planning phase, and ideally before submitting a Section 404 permit application.
Who Submits:
Project developer or property owner.
Who Receives:
State Environmental Agency, with coordination from the U.S. Army Corps of Engineers.