Section 401 of the Clean Water Act (Water Quality Certification [WQC): An individual WQC will be required for any Corps of Engineers Individual Section 404 Permit involving the discharge of fill material. For activities that may be authorized by a Nationwide Permit (NWP) or Regional General Permit (RGP), please review the individual WQC requirements included in each General Permit category (found below in the Michigan General Permits dropdown). When an individual WQC is required, the process is typically initiated by the Corps of Engineers upon receipt of the Joint Permit Application (JPA). You will be contacted if additional information is required to complete the WQC.
On September 27, 2023, The U.S. Environmental Protection Agency (EPA) published the “Clean Water Act Section 401 Certification Improvement Rule” (2023 Rule). A copy of the Federal Register notice is available at https://www.epa.gov/cwa-401. The 2023 Rule became effective on November 27, 2023.
Endangered Species: The Corps is required to coordinate with the U.S. Fish and Wildlife Services (USFWS) for any proposed project (all permit types) that may affect a federally listed threatened or endangered species. Below is a list of some, but not all, of the federally listed species that commonly exist within project areas in Michigan (click here for information on specific species):
- Indiana & Northern Long Eared Bats
- Piping Plover (including critical habitat)
- Freshwater Mussels
- Clubshell
- Northern Riffleshell
- Rayed Bean
- Snuffbox
- Eastern Massasauga
- Dwarf Lake Iris
- Houghton’s Goldenrod
- Michigan Monkeyflower
- Pitcher’s Thistle
- Hine’s Emerald Dragonfly
Other Resources:
Historic Properties: The Corps of Engineers is required to coordinate with the Michigan State Historic Preservation Office (SHPO) regarding potential impacts to any historic properties that may exist within a proposed project area.