Each of the following are required for a complete application:
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New 401 Rule Information:
The 401 Rule requires prospective dredgers to submit a Pre-Filing Meeting Request to the RWQCB a minimum of 30 days prior to submitting the 401 Water Quality Certification Application or the Consolidated Dredging-Dredged Material Reuse/Disposal application. The purpose of the Pre-Filing Meeting is to ensure the prospective dredger is providing all the required information. The SFRWQCB recommends this schedule for submitting the Pre-Filing Meeting Request: Suggested Pre-Filling Meeting Schedule If you are submitting your Pre-Filing Meeting Request with the SAP please include the 401 Certification Pre-Filing Meeting Request form with the cover letter requesting a place on the DMMO meeting agenda.
Under new 401 Rules the application for your project’s 401 WQC needs to be submitted concurrently to the Corps and RWQCB. You may submit the Consolidated Dredging-Dredged Material Reuse-Disposal Application or 401 water quality certification application to Corps email: SPN-DMMO@usace.army.mil and the SFRWQCB email: rb2-dredgereports@waterboards.ca.gov You can find more information on submitting your 401 WQC application on the SFRWQCB Dredging Operations and Sediment Management program webpage: https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/dredging.html
Please note: the 401 WQC requirement does not preclude any applicant from submitting their joint application to the Corps for a RHA Section 10/CWA Section 404 permit prior to submitting the request for a 401 WQC.
Pursuant to 40 CFR Part 121, Section 121.5(b), the request for 401 certification must include the following:
1. Identify the project proponent(s) and a point of contact;
2. identify the proposed project;
3. identify the applicable federal license or permit;
4. identify the location and nature of any potential discharge that may result from the proposed project and the location of receiving waters;
5. include a description of any methods and means proposed to monitor the discharge and the equipment or measures planned to treat, control, or manage the discharge;
6. include a list of all other federal, interstate, tribal, state, territorial, or local agency authorizations required for the proposed project, including all approvals or denials already received;
7. include documentation that a prefiling meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request;
8.* contains the following statement: ‘The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief’; and
9.* contains the following statement, ‘The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.'
*Please note that statements in items 8 and 9 must be included exactly as they are worded above. The joint application does not include these statements and it is recommended the statements in items 8 and 9 be included in a cover letter which is signed by the applicant or legally responsible party.
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