401 Certification

Overview

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. For federally non-jurisdictional (or isolated) waters, the Division of Water and Waste Management may require a WV State Waters Permit.

Note: The West Virginia Department of Environmental Protection, Division of Water and Waste Management, 401 Water Quality Certification program is requiring a pre-filing meeting for all individual certification requests in accordance with EPA's revision of State Certification of Activities Requiring a Federal Permit, 40 CFR § 121 (2020). Please contact us with questions or to submit a pre-filing meeting request. 401 Certification for mining-related projects is issued by the DEP's Division of Mining and Reclamation.


Public Notice: USACE Proposed 2026 Nationwide Permit Reissuance

State Water Quality Certification, as required by Section 401 of the Clean Water Act (CWA), has been requested of the West Virginia Department of Environmental Protection (WVDEP) for the:

Project: Section 404 Nationwide Permits for West Virginia
Applicant: U.S. Army Corps of Engineers, Huntington and Pittsburgh Districts (USACE)

Pursuant to Section 401 of the CWA, the WVDEP may either certify, certify with conditions, deny, or waive certification of the proposed activity. When issuing certification, the WVDEP may consider the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources under its jurisdiction. Regulations governing the scope of the WVDEP’s certification, public comment, hearings and appeals are in WV Legislative Rule Title 47, Series 5A.

On June 18, 2025, the USACE, requested certification for the reissuance of the Nationwide Permits (NWPs), general conditions, regional conditions, and definitions with some modifications. On June 18, 2025, the USACE also published in the Federal Register its proposal to reissue existing NWPs and issue one new NWP. The USACE is proposing to reissue most of the NWPs without changes. The NWPs will be available for use statewide once certified.

Any interested person may submit written comments on this project during the comment period, which begins with this notice and ends on November 17, 2025 via mail or email to:

Secretary, WVDEP
Attn: WVDEP 401 Certification Program
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x43869
Email: WQScomments@wv.gov

Correspondence should include the name, address, and telephone number of the writer and a concise statement of the nature of the issues being raised.

USACE Related References are also available from the Federal Register .

Draft 401 WQC for 2026 NWPs

Public Hearing

A virtual public hearing will also be held on November 13, 2025 at 6 pm. To access the public hearing, use the link below.

Join Public Meeting

Documents


Contact Us

WV DEP Contact Information

Nancy Dixon, Environmental Resources Analyst
West Virginia Department of Environmental Protection
Division of Water and Waste Management
601 57th Street SE
Charleston, WV 25304
Phone: (304) 541-4268
Email: Nancy.J.Dixon@wv.gov

Jackie Thornton, Environmental Resources Specialist
West Virginia Department of Environmental Protection
Division of Water and Waste Management
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x43822
Email: Jackie.N.Thornton@wv.gov

U.S. Army Corps of Engineers Contact Information

Huntington District

502 8th Steet, Room 6422
Huntington, WV 25701-2070
Phone: (304) 399-5710
Huntington District

Pittsburgh District

1000 Liberty Avenue
Pittsburgh, PA 15222
Phone: (412) 395-7155
Pittsburgh District

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