State of Nevada 401 Water Quality Certification Status
For Current Nationwide Permits

On March 12, 2007 the U.S. Army Corps of Engineers (Corps) published in the Federal Register (Volume 72, Number 47, Part II 11092-11198) the Final Notice to reissue all existing Nationwide Permits (NWPs), general conditions and definitions, with some modifications. The Corps also issued six new NWPs, two new general conditions and 13 new definitions.

In Nevada, the Division of Environmental Protection, Bureau of Water Quality Planning (BWQP) is responsible for issuing or denying 401 Water Quality Certification (WQC) for NWPs.

In deciding to issue WQC, there needs to be reasonable assurance that the proposed discharge will comply with all applicable State and Federal laws, policies and regulations governing the protection of the beneficial uses of the State's Waters. In determining WQC the State must make the determination that the NWPs will adequately protect the Waters of the State.

Based on the review of the available information on the potential impacts of discharges authorized by the NWPs the NWPs are certified as follows:

For those NWPs for which Notification is required, WQC is conditioned on submittal of a "Notification" as specified below.

NOTIFICATION:

Permittees proceeding under those NWPs which require notification must provide Notification to the BWQP. Notification must be submitted not later than 15 days prior to commencing work on the proposed activity. If a "Notification" is required as part of the Corps CWA section 404 permit, a copy of the "Notification" to the Corps can be used instead. To avoid project delays, the applicant should submit the "Notification" as early as possible. If the applicant is not contacted by BWQP within 30 days of the date the "Notification" is received, the applicant may assume that the project meets the conditions of certification and may proceed with the project.

Notification shall include:

1. The name, address, telephone number and email address of the applicant and/or the applicant's agent.

2. Identify all applicable Federal, State and Local permits being sought for the proposed activity, including the Permitting Agencies Name, Type of Permit and Permit Number (if available).

3. A complete project description including purpose and goal of the activity, location of project including address and latitude/longitude of the project site along with a map of the project area.

4. Name(s) of affected waterbodies.

5. Amounts and type of fill material to be reported in acres or linear feet. Dredge discharges shall be reported in cubic yards.

The "Notification" must be signed by the applicant or the applicant's agent (if an agent is submitting the "Notification"). The "Notification" must include a statement that the submitted information is complete and accurate.

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