Individual Water Quality State 401 Certification
State of West Virginia
Non Coal Related Facilities
STATE OF WEST VIRGINIA
APPLICATION FOR 401 WATER QUALITY CERIFICATION
FOR NON COAL RELATED ACTIVITY
This application must be completed whenever a proposed activity requires a Clean Water Act Section 401
Individual State Water Quality Certification from the West Virginia Department of Environmental
Protection (WVDEP). A Section 401 Certification from the State is required to obtain a Federal Clean
Water Act Section 404 permit from the U.S. Army Corps of Engineers, or any other federal permits or
licenses for projects that will result in a discharge of dredged or fill material into any waters of the State.
To determine whether you need to submit this application to the West Virginia DEP, contact the U.S.
Army Corps of Engineers District Office with jurisdiction over your permit area, the West Virginia
Division of Water Resources at (304) 558-6649.
The West Virginia DEP Section 401 Water Quality Certification program, is authorized by Section 401 of
the Clean Water Act (33 U.S.C. § 1341) and the West Virginia Code §22-1-6(d)(6). West Virginia
Legislative Rule 47 CSR 5A outlines the application process and criteria for decision by the Secretary of
the WVDEP. In order for the DEP to issue a Section 401 Certification, the project must comply with the
State Water Quality Standards (46 CSR 1) and not potentially result in an adverse long-term or short-term
impact on water quality. Included with the Water Quality Standards is the Antidegradation
Implementation Rule (60 CSR 5) effective July 2, 2001. The Rule includes additional application
requirements and public participation procedures. Because there is a potential for lowering of water
quality associated with every project being reviewed for Section 401 Certification, every applicant must
provide the information required of this application.