401 water quality certification
We review and issue water quality certifications under Section 401 of the federal Clean Water Act for projects or actions applicable to the provisions of the Colorado 401 Certification Regulation (No. 82: 5 CCR 1002-82).
This regulation applies to:
- Permits issued to construct or operate a facility by the U.S. Army Corps of Engineers pursuant to §404 of the Clean Water Act.
- Federal Energy Regulatory Commission licenses for hydropower projects.
- Other federal permits that involve a discharge into Colorado water, including permits issued by the U.S. Environmental Protection Agency (EPA) pursuant to §402 of the federal act.
Fees for Tier 1 and 2 projects are to be submitted at the time of the application. Projects will not be public noticed until such fees are received. Please contact us if you are planning on submitting an application for a Tier 3 and 4 project for the specific details about the fees.
Make checks payable to Colorado Department of Public Health and Environment (CDPHE)
Certification request (pdf download).
Water quality certifications
(401 certification public notice)
- Water Quality Control Commission Regulation 82 (401 certification regulation).
- U.S. Army Corps of Engineers, Colorado regulatory offices.
- EPA: Water Quality and 401 Certification.