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What we do
Section 401 Water Quality Certification is required for each permit or license issued by a federal agency to ensure that projects will not violate the state's water quality standards or stream designated uses. States are authorized to issue Certification under Section 401 of the Federal Clean Water Act.
The majority of certification requests are for dredge and fill operations regulated by the U.S. Army Corps of Engineers. The U.S. Coast Guard issues permits for bridge constuction on navigable waterways. The Federal Energy Regulatory Commission is responsible for licenses related to hydropower facilities. Applicants must receive State 401 Water Quality Certification before they can receive a permit from the federal agency.
The Division of Water and Waste Management may grant, grant with conditions, waive, or deny 401 Water Quality Certification. The decision to issue certification is based on project compliance with West Virginia Water Quality Standards. Field support for the 401 program is provided by the Division of Natural Resources' Wildlife Resources Section.
401 Certification for mining-related projects is issued by the DEP's Division of Mining and Reclamation.
401 Certification for non-coal
401 Certification instructions for non-coal
U.S. Army Corps of Engineers
601 57th Street, S.E.
Charleston, WV 25304
502 8th Steet, Room 6422
(304) 926-0499, ext. 1599
Huntington, WV 25701-2070
Phone: (304) 399-5710
1000 Liberty Avenue
Pittsburgh, PA 15222
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