EDMS CWA §401 Certification - Prefiling Meeting Request
Instructions for completing the CWA §401 Certification within EDMS
Submit the CWA §401 pre-filing meeting request via EDMS with as much information as possible along with any attachments such as drawings and or maps will help with DEC's determination. DEC will review your request for a pre-filing meeting to determine whether a meeting is necessary. Note, DEC is not obligated to grant or respond to the pre-filing meeting request. The CWA §401 Pre-Filing Meeting request contains the information that will be requested when submitting a §401 certification request and its purpose is to fulfil the prefiling meeting request per 40 CFR 121.5(b)(7) - Include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request.
Identify the applicable federal license or permit
Include the Federal Agency's permit license number and identify the corresponding agency for which you are applying for the Alaska DEC CWA §401 certification.
Project Proponent and Point of Contact
Enter the name, contact information to include the E-mail address of the responsible party or parties. If the responsible party is an agency, company, corporation, or other organization, indicate the name of the organization and responsible officer and title. If more than one party is associated with the application, please attach a sheet with the necessary information. Point of Contact or Agent Information to be completed if you choose to have an agent.
Name, Location, and Description of Project or Activity
Project Name: Please provide name identifying the proposed project (e.g., Landmark Plaza, Burned Hills Subdivision, or Edsall Commercial Center). Include location and description of the project or activity. Estimate Start/End Dates: What are the anticipated start and end dates for project construction? Location: Provide Latitude and Longitude in decimal degrees with six decimal places, example: 61.216883 N Latitude / -149.878756 W Longitude. Use www.latlong.net if needed for online tool for finding lat/long. Provide street address if applicable, and other location descriptions if known. If the facility or project lacks a street address, indicate the general location of the facility (e.g., intersection of x and y).
Primary Industrial Activity: Identify the Activity Code that best represents the products produced or services rendered for which your facility is primarily engaged. For the North American Industry Classification System (NAICS) see census.gov/eos/www/naics/.
Directions to the site: Provide directions to the site from a known location or landmark. Include highway and street numbers as well as names. Also provide distances from known locations and any other information that would assist in locating the site. You may also provide description of the proposed project location, such as lot numbers, tract numbers, or you may choose to locate the proposed project site from a known point (such as the right descending bank of Smith Creek, one mile downstream from the Highway 14 bridge). If a large river or stream, include the river mile of the proposed project site if known.
Nature of the Activity: Describe the overall activity or project. Give appropriate dimensions of structures such as wing walls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to be done), or excavations (length, width, and height). Indicate whether discharge of dredged or fill material is involved. Also, identify any structure to be constructed on a fill, piles, or float-supported platforms. The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish to do. If more space is needed, attach an extra sheet of paper.
Project Purpose: Describe the purpose and need for the proposed project. What will it be used for and why? Also include a brief description of any related activities to be developed as the result of the proposed project. Give the approximate dates you plan to both begin and complete all work.
Types of Material Being Discharged and the Amount of Each Type in Cubic Yards. Describe the material to be discharged and amount of each material to be discharged within Corps jurisdiction. Please be sure this description will agree with your illustrations. Discharge material includes rock, sand, clay, concrete, etc.
Surface Areas of Wetlands or Other Waters Filled. Describe the area to be filled at each location. Specifically identify the surface areas, or part thereof, to be filled. Also include the means by which the discharge is to be done (backhoe, dragline, etc.). If dredged material is to be discharged on an upland site, identify the site and the steps to be taken (if necessary) to prevent runoff from the dredged material back into a waterbody. If more space is needed, attach an extra sheet of paper.
Dredging: Identify if any dredging is involved. If so, quantify the acres and volume to be dredged. Provide an assessment of the dredge prism and sample results to support a Tier analysis. Consult the EPA Inland Testing Manual website or the USACE Seattle District Civil Works DMMP Dredged Material Evaluation and Disposal Procedures User Manual website for an example of a Tier analysis of the dredge prism. It is recommended to consult with DEC and Corps prior to conducting sampling during pre-application meetings to avoid delays.
Is any portion of the work already complete: Provide any background on any part of the proposed project already completed. Describe the area already developed, structures completed, any dredged or fill material already discharged, the type of material, volume in cubic yards, acres filled, if a wetland or other waterbody (in acres or square feet). If the work was done under an existing Corps or other federal/state permit, identity the authorization, if possible.
Identify the location and nature of any potential discharge that may result from the proposed project and the ocation of receiving waters;
Name and Location of potential discharge. Provide latitude and longitude coordinates (Decimal Degrees, 5-digit places) of potential discharge. Describe the location if necessary. Include the geographic extent potentially affected by the proposed discharge.
Contaminated Sites: Identify any known contaminated sites within 1,500 feet of the proposed project discharge, to include those known by the applicant or known DEC identified contaminated site either in “Active” or “Cleanup Complete - Institutional Controls” status. For more information, see DEC Contaminated Sites website for ability to search via map, database, and background summaries.
Parameters of Concern: Identify the parameters of concern that may be present in your discharge. Consider if other parameters may be present from past activities in the area. Describe if known respective concentrations, persistence, and potential impacts to the receiving water and data on parameters that may alter the effects of the discharge to the receiving water.
Impaired Waters: Does a discharge of any parameter identified may occur to an impaired waterbody listed as a Category 4 [304(b)] or Category 5 [303(d)] in the current EPA approved Alaska’s Integrated Water Quality Monitoring and Assessment Report? See DEC's Integrated Water Quality Monitoring & Assessment Report webpage for the most recently approved report and category listings.
Social or Economic Importance Analysis: select as appropriate and provide a description per 18 AAC 70.016(c)(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
Nature of potential discharge and potential environmental impacts on the receiving water: Provide a brief explanation describing how impacts to waters of the United States are being avoided and minimized on the project site. Include best management practices (BMPs) for sediment and erosion controls that will be implemented to minimize the environmental impacts.
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;
You may need the approval of other federal, state, or local agencies for your project. Identify any applications you have submitted and the status, if any (approved or denied) of each application. You need not have obtained all other permits before applying for the CWA §401 certification.
Attachments: Include documentation that a prefiling meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request
Required: Provide a copy of the federal license or permit application requiring certification under 33 U.S.C. 1341 (Clean Water Act, Section 401) to include all accompanying information, contemporaneous with the submission of the application to the federal licensing or permitting agency. This would include all site drawings and maps and illustrations.
Certification Statement
As per 18 AAC 15.030 Signing of applications, all permit or approval applications must be signed as follows:
- in the case of corporations, by a principal executive officer of at least the level of vice president or his duly authorized representative, if the representative is responsible for the overall management of the project or operation;
- in the case of a partnership, by a general partner;
- in the case of a sole proprietorship, by the proprietor; and
- in the case of a municipal, state, federal or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee.
For more information regarding CWA §401 Certifications, see the DEC CWA §401 wetlands website, or contact: Alaska Department of Environmental Conservation Division of Water – Wastewater Discharge Authorization Program 555 Cordova Street, Anchorage AK 99501 email: DEC-401Cert@alaska.gov Phone: 907-269-6096
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