Corps of Engineers - Nationwide Permits (effective 3/15/2021)

Corps of Engineers - Nationwide Permits

These 16 NWPs became effective on March 15, 2021 and will expire on March 14, 2026:

  • NWP 12 – Oil or Natural Gas Pipeline Activities
  • NWP 21 – Surface Coal Mining Activities
  • NWP 29 – Residential Developments
  • NWP 39 – Commercial and Institutional Developments
  • NWP 40 – Agricultural Activities
  • NWP 42 – Recreational Facilities
  • NWP 43 – Stormwater Management Facilities
  • NWP 44 – Mining Activities
  • NWP 48 – Commercial Shellfish Mariculture Activities
  • NWP 50 – Underground Coal Mining Activities
  • NWP 51 – Land-Based Renewable Energy Generation Facilities
  • NWP 52 – Water-Based Renewable Energy Generation Pilot Projects
  • NWP 55 – Seaweed Mariculture Activities
  • NWP 56 – Finfish Mariculture Activities
  • NWP 57 – Electric Utility Line and Telecommunications Activities
  • NWP 58 – Utility Line Activities for Water and Other Substances

EPA “Clean Water Act Section 401 Certification Rule” (2020 401 Rule)

On June 1, 2020, EPA finalized the “Clean Water Act Section 401 Certification Rule” to implement the water quality certification process consistent with the text and structure of the Clean Water Act (CWA). The final rule establishes procedures that promote consistent implementation of CWA Section 401 and regulatory certainty in the federal licensing and permitting process. The final rule became effective on September 11, 2020. The 401 Rule requires a pre-filing meeting request and a §401 Water Quality Certification request (certification request).

Please Note:
If your project can be authorized using a Corps of Engineers Nationwide Permit or a Regional Permit and is not on an Outstanding Iowa Water, the DNR has already certified those permits and a pre-filing meeting and certification request are not required.

EPA Reconsideration of the 2020 401 Rule - request for feedback (due by August 2, 2021)

Executive Order 13990 on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis directed EPA to review and, as appropriate and consistent with applicable law, take action to revise or replace the 2020 Section 401 Certification Rule. Prior to the 2020 rule, EPA promulgated implementing regulations for water quality certification before the 1972 amendments to the Federal Water Pollution Control Act (commonly known as the Clean Water Act), which created section 401. More information is available at: www.epa.gov/cwa-401.

While EPA engages with stakeholders and develops a revised rule, the 2020 rule will remain in place.


Pre-filing meeting request

Federal rule requires a minimum of 30 days after submitting the Pre-filing Meeting Request before submitting the certification request.

Send the pre-filing meeting request to Section401WQC@dnr.iowa.gov .

More information is available at: 40 CFR 121.4.

Certification request

IMPORTANT:
When the certification request is submitted to the DNR, 40 CFR 121.5(a) requires applicants to concurrently submit their certification request to the Federal agency to which they are applying for a license or permit. It is recommended that applicants contact the Federal agency in advance for their submission requirements. It is important to only submit the certification request when you are certain that the project will not change due to comments received during all required public notice periods.

More information is available at: 40 CFR 121.5.

Section 401 Water Quality Pre-Filing Meeting and Certification Request Form and Instruction

Send the certification request to Section401WQC@dnr.iowa.gov .

DNR 401 Public Notices

Public comments may be submitted via email to Section401WQC@dnr.iowa.gov or by mail to:

Iowa DNR
Attn: Section 401 Water Quality Certification
502 East 9th Street
Des Moines, IA 50319

Randall Pruisner, Notice #2021-1284

Notice Expiration Date: October 15, 2021
County: Dickinson

Mike Stein, Notice #2021-1289

Notice Expiration Date: October 15, 2021
County: Dickinson

Kay Tyrrell, Notice #2021-1268

Notice Expiration Date: October 15, 2021
County: Dickinson

Linda DeVore, Notice #2021-1332

Notice Expiration Date: October 15, 2021
County: Dickinson

Jason Carney, Notice #2021-1264

Notice Expiration Date: October 15, 2021
County: Dickinson

U.S. Army Corps of Engineers Nationwide Permits

Notice Expiration Date: October 8, 2021

Tama County Conservation Board, Notice #2021-0471

Notice Expiration Date: September 26, 2021
County: Dickinson

Tama County Conservation Board, Notice #2021-0905

Notice Expiration Date: September 26, 2021
County: Dickinson

Iowa Waste Services, LLC, Notice #2021-1052

Notice Expiration Date: September 24, 2021
County: Dickinson

Dave & Valerie Clark, Notice #2021-1142

Notice Expiration Date: September 24, 2021
County: Dickinson

Rocky Shores LLC, Notice #2021-1215

Notice Expiration Date: September 24, 2021
County: Dickinson

Suzanne & Randy Welter, Notice #2021-1219

Notice Expiration Date: September 24, 2021
County: Dickinson

Laura Weaver, Notice #2021-1230

Notice Expiration Date: September 24, 2021
County: Dickinson

Chapter 61 Amended Notice of Intended Action - Section 401 Water Quality Certification

Notice Expiration Date: Expired

Contact Information

Iowa Department of Natural Resources
Attn: Section 401 Water Quality Certification
Wallace State Office Building
502 E. 9th Street
Des Moines, IA 50319-0034
Phone: 515-725-8399
Email: Section401WQC@dnr.iowa.gov


U.S. Department of the Army Corps of Engineers, Rock Island District
Clock Tower Building – PO BOX 2004
Rock Island, IL 61204-2004
Phone: 309-794-5057
Email: iowaregulatory@usace.army.mil


U.S. Department of the Army Corps of Engineers, Omaha District
8901 South 154th Street
Omaha, NE 68138-3611
Phone: 402-896-0896
Email: NE404Reg@usace.army.mil


Additional Resources

Iowa Administrative Code Chapter 61
Water Quality Standards

Permit and Environmental Review Management Tool (PERMT)

Joint Application to Iowa DNR Flood Plain Management, Sovereign Lands/Environmental Review, and US Army Corps of Engineers 404 Permits


Outstanding Iowa Waters and the Outstanding Iowa Waters Map


Iowa’s River Restoration Toolbox
Iowa’s River Restoration Toolbox is a series of best management practices developed to assist designers in stream stabilization and restoration projects in Iowa with proven techniques with emphasis on incorporating natural materials, such as logs, stone, and live plantings. Among the dozens of techniques described in the Toolbox are longitudinal peaked stone toe protection, j-hook vanes, rock arch rapids, oxbows, riparian corridor restorations, and tree/shrub plantings. It delivers a consistent, relevant assessment method and reviewable design checklists to aid decision making among multidisciplinary teams (i.e. – restoration practitioner, engineer, project manager, funder, biologist, etc.). The toolbox also provides detailed drawings and specification requirements to make natural stabilization projects more biddable.


Iowa Department of Transportation Manuals


Natural Resources Conservation Service - Iowa