WASHINGTON DEPARTMENT OF ECOLOGY. All projects that fall within Corps jurisdiction require review by the Washington State Department of Ecology (WDOE) to determine the State’s response under Section 401 of the CWA and the Coastal Zone Management (CZM) Act. Section 401 of the Clean Water Act The purpose of the CWA is to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The CWA is administered by the U.S. Environmental Protection Agency (EPA). In Washington State, the EPA has delegated some of its CWA authority to WDOE. WDOE regulates water quality under Chapter 90.48 of the Revised Code of Washington (RCW), the Water Pollution Control Act, and Chapter 173-201A of the Washington Administrative Code (WAC), the Water Quality Standards for Surface Waters of the State of Washington. Applicants receiving an individual permit under Section 404 from the Corps are required to obtain an individual Section 401 Water Quality Certification (401 Certification) from WDOE. Issuance of a 401 Certification means that WDOE has reasonable assurance that the applicant’s project will comply with state water quality standards and other aquatic resource protection requirements under WDOE’s authority. The 401 Certification can cover both the construction and operation of the proposed project. Conditions of the 401 Certification become conditions of the Federal permit or license. Coastal Zone Management Act Projects located in coastal counties that obtain an individual permit from the Corps, under Section 10 or Section 404 or both, must obtain a CZM consistency determination from WDOE. Washington’s CZM Program designates Skagit and Snohomish Counties in the coastal zone.
WASHINGTON DEPARTMENT OF ECOLOGY. ☐ Section 401 Water Quality Certification ☐ Authorization to impact waters of the state, including wetlands (Check this box if the proposed impacts are to waters not subject to the federal Clean Water Act) Federal and Tribal Government United States Department of the Army (U.S. Army Corps of Engineers): ☒ Section 404 (discharges into waters of the U.S.) ☐ Section 10 (work in navigable waters)
