State Water Resources Control Board Issues Section 401 Certification for Various Army Corps of Engineers' Nationwide Permits
On April 19, 2012, the State Water Resources Control Board (“State Board”) certified 13 of 50 Nationwide Permits (“NWP”) published by the Army Corps of Engineers on February 21, 2012. (77 Fed. Reg. 10184-01 (Feb. 21, 2012).) On February 27, 2012, the State Board posted notice of the Corps’ application for 401 certification of the NWPs on the State Board’s 401 Program web page. The 45-day notice period ended on April 12, 2012.
In a letter dated February 29, 2012, the Corps requested that the State Board review the newly issued NWPs (which took effect on March 19, 2012 and expire on March 18, 2017) and determine whether to certify, certify with conditions, or deny certification pursuant to Clean Water Act section 401 (33 U.S.C. § 1341). After reviewing the full list of NWPs and considering comments, the State Board granted 401 certification (with conditions) to 13 of the 50 NWPs that are exempt from the California Environmental Quality Act (“CEQA”). The full list of NWPs certified by the State Board, including applicable CEQA exemptions, is available at http://www.waterboards.ca.gov/water_issues/programs/cwa401/generalorders.shtml.