Section 401 Water Quality Certification (Joint Application, D-1, D-2)
This certifies that any discharge to the waters of the state does not violate state water quality standards. This certificate is often necessary before obtaining federal permits.Overview
Certification is used to ensure that federal agencies issuing permits or carrying out direct actions which may result in a discharge to the waters of the United States do not violate New York State's water quality standards or impair designated uses. This Certification is added to other permits by the NYS Department of Environmental Conservation to comply with federal regulations, such as permits under Section 404 of the Clean Water Act, or construction and operation of hydroelectric or major interstate transmission facilities. Many federal agencies will issue their permits only after a 401 Water Quality Certification has been issued.
Requirements
1. Maps, Sometimes Required2. Plans, Sometimes Required
3. Environmental Assessment, Sometimes Required
4. Professional License, Sometimes Required
5. Drawings, Sometimes Required
6. Photographs, Sometimes Required
7. Specifications, Sometimes Required
8. Project Description, Always Required
9. Public Notice, Sometimes Required
10. Public Hearing, Sometimes Required
11. Public notices are required for all projects classified major under UPA. Those projects classified minor generally do not require public notice but the DEC may require notice at its discretion, when warranted
12. Public hearings are required only when environmental review indicates one is needed
How to Apply
1. See form below.
Form(s)
| NAME | FORM NUMBER | FORM AND INSTRUCTIONS AVAILABLE |
|---|---|---|
| Joint Application for Permit | Joint Application Form 09/10 | Joint Application Form 09/10 |
| Joint Application for Permit | Joint Application Form 09/10 | Permit Application - Supplemental D-1 |
| Joint Application for Permit | Joint Application Form 09/10 | Supplemental D-2 |
Duration & Processing
| Average Processing Time: | 15 Days |
|---|---|
| Term/Duration: | 10 Years - Can be issued up to ten years. |
| Renewable: | No |
| Automatically Sent: | No - Permits for construction activities, where authorization for regulated activity is no longer needed a the completion of construction, can be extended beyond the expiration date of the original permit to a date that provides for project completion, when justified requests are received prior to permit expiration. however, construction permits are not renewed. |
Application Processing Comments: 15 calendar days to determine if application is complete. 45 calendar days from date of completeness for minor projects as defined by the Uniform Procedures Regulation. 90 Calendar days from date of completion for major projects as defined by the Uniform Procedures Regulations. 60 calendar days following receipt of complete hearing record for any application for which a public hearing is held.
Common Denial Reasons: Insufficient information; Application fails to demonstrate satisfaction of permit issuance standards contained in regulation.
Additional Info
1. A pre-application conference is recommended2. Permit applications can be rejected by the agency without being approved or disapproved
3. The agency has an appeal process for a denied application
4. Permit/license must be posted
For additional information/Sponsor Agency:
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