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Laws of the United States and the State of Iowa have assigned the US Army Corps of Engineers (Corps) and the Iowa Department of Natural Resources (IDNR) with specific and different regulatory roles designed to protect the waters within and on the State's boundaries.
A Section 401 Water Quality Certificate is Iowa Department of Natural Resource's certification that a project will not violate state water quality standards and is required before the Corps of Engineers can issue a Section 404 permit.
Construction, excavation or filling in streams, lakes, wetlands, or on the flood plains may require permits from both the Corps and Iowa DNR. A Joint Application Form (Protecting Iowa Waters) shall be submitted to both agencies to begin the permit process for any of the following activities:
The Iowa Department of Natural Resources also requires permits for the construction and operation of water and wastewater treatment facilities, water withdrawal, water storage, and solid waste disposal and should be contacted for information about these permits.
US Army Corps of Engineers: Joint Application Form
Joint Application Form
Chapter 61: Water Quality Standards
US Army Corps of Engineers: Answers to Frequently Asked Questions
Rock Island District - Public Notices
Omaha District/DNR - Public Notices
Public Comment Period for Section 401 Water Quality Certification of the Corps of Engineers Reissued Regional Permit 7
DNR CONTACT:Christine Schwake, DNR, at Christine.Schwake@dnr.iowa.gov or 515-725-8399
DES MOINES - The Iowa Department of Natural Resources (DNR) is soliciting comments for the re-certification of the reissued U.S. Army Corps of Engineers (Corps) Regional Permit 7 (RP 7). Applicants seeking authorization under Section 404 of the Clean Water Act from the Corps must also have a Clean Water Act Section 401 Water Quality Certification (401 WQC) for authorization to discharge to waters of the state. This regional permit authorizes the placement of fill materials into waters of the United States for linear transportation projects (e.g. roads, highways, railways, trails, airport runways, and taxiways). These projects are for the construction, expansion, modification, or improvements of linear transportation projects that result in impacts of up to one acre of wetland or 500’ of stream channel. The Corps’ reissued RP 7 can be viewed at the following link: RP 7. The proposed 401 WQC can be viewed below.
DATES: Submit your comments regarding the IDNR 401 WQC by COB on August 12, 2019.
ADDRESSES: You may submit comments to the IDNR by any of the following methods:
Please Note: Comments on the 401 WQC should be confined to the issues relating to the proposed 401 WQC and the effect on water quality.
DNR Contact: Christine Schwake, DNR, at Christine.Schwake@dnr.iowa.gov or 515-725-8399
Section 401 Water Quality Certification for RP 7:
Mr. Ward LenzRock Island District Corps of EngineersClock Tower BuildingPO Box 2004Rock Island, IL 61204-2004
Subject:Section 401 Water Quality Certification for Regional Permit 7 (Fill Material Placed in Waters of the United States for Linear Transportation Projects in the State of Iowa) CEMVR-OD-P-2019-0303
Dear Mr. Lenz,
The Iowa Department of Natural Resources (IDNR) has examined the information furnished by the Rock Island District Corps of Engineers in the April 12, 2019 Joint Public Notice and the final Regional Permit 7.
Section 401 Water Quality Certification is hereby granted for Regional Permit 7 by the IDNR under the authority of Section 401 of the Clean Water Act.The IDNR certifies RP 7 (CEMVR-OD-P-2019-0303) because there is reasonable expectation that the activities identified within it will be conducted in a manner that will not violate Iowa’s water quality standards.
If you have any questions or comments regarding this Section 401 Water Quality Certification, please contact me at the address shown below or call (515) 725-8399.
Christine M. SchwakeEnvironmental Specialist
US Department of the Army, Omaha
Omaha District Corps of Engineers
8901 South 154th Street
Omaha, NE 68138-3611