Who should apply: Any person, agency, or entity, either public or private proposing a project that requires a federal permit, license or approval and discharges into "water's of the U.S." ( including wetlands and most washes).
Requiring a Permit: Any actions that requires a federal permit, license, or approval that results in a discharge into "waters of the U.S." . A section 404 dredge and fill permit issued by the US Army Corps of Engineers is the most common action requiring Clean Water Act Secion 401 certification on the Navajo Nation.
Fees: Depending on the type of the project and the amount of dredge and/or fill material into jurisdictional waters, the current fees are:
500 cubic yards .... $500 >500 cubic yards.....$500 + $0.025 for each additional cubic yard up to maximum of $40,000.00
2.0 acres .... $500 >2.0 acres.....$500 + $250.00 for each additional acre up to a maximum of $40,000.00
- FEES will not be charged for activities:
Involving removal of < 500 cubic yards Involving a fill of <2.0 acres
- The fee may be refunded if :
Determine that no certification is required Determine that the wrong application was filed
If the project has both dredge and fill activities, the higher fee value will be the permit fee (not both).
Pre-Application consultation: You are encouraged to contact NNEPA Water Quality Program (WQP) for any proposed projects in the "water of the U.S.". Asking questions before the work begins can avoid potentially substantial costs in remediation efforts in fines if a violation occurs.
What you should send & where: The application for a 401-certification permit should be sent to the NNEPA-WQP address:
Navajo Nation EPA - Water Quality
P.O. Box 339
Window Rock, AZ 86515
At a minimum, the packet should include the following:
- the application
- purpose/project description
- start/end date
- location (maps, UTM0
- name of watercourse affected
- acreage of waters directly/indirectly impacted by the project
- description of fill
- potential pollutants
- the site's biological resources
- potential impacts to biological resources,
- mitigation and management plans to minimize impacts
Once the application is determined complete, there is a 30-day public notice period. If no comments are received and/or there are no hearing requests, the NNEPA-WQP will notify the applicatant of the determination. Any additional information is encourage in order for the packet to be complete.
If you need more information contact: Lee Anna Martinez-Silversmith