Clean Water Act Section 401 – Certification and Wetlands Program

• Regional General Permit 63 Order (Main Body)
• Attachment A – Map
• Attachment B – Report Requirements
• Attachment C – Signatory Requirements
• Attachment D – Notice of Intent Form
• Attachment E – Notice of Completion Form
• Attachment F – Compliance with 40.CFR Part 121.7

Water Quality Order WQ 2023-0068-DWQ Waste Discharge Requirements and Clean Water Act Section 401 Water Quality Certification for Regional General Permit 23 for the Middle-mile Broadband Network Initiative

• Regional General Permit 23 Order (Main Body)
• Attachment A – Statewide Network Map
• Attachment B – Notice of Intent Form and Instructions
• Attachment C – Reports and Notification Requirements
• Attachment D – Notice of Project Complete Form
• Attachment E – Signatory Requirements
• Attachment F – CEQA Findings of Fact
• Attachment G – Compliance with 40.CFR Part 121.7

Water Quality Order WQ 2023-0061-DWQ Clean Water Act Section 401 Water Quality Certification for Regional General Permit 8 for Emergency Repair and Protection Activities

• Regional General Permit 8 Order (Main Body)
• Attachment A – Map
• Attachment B – Report Requirements
• Attachment C – Signatory Requirements
• Attachment D – Notice of Intent Form
• Attachment E – Notice of Completion Form
• Attachment F – Compliance with 40.CFR Part 121.7

Statewide General Water Quality Certification Order for Discharges of Dredged or Fill Material to Waters of the State from Wildfire Mitigation Activities (Water Quality Order No. 2023-0055-DWQ)

• Cover Letter
• Water Quality Certification Order RGP 10 (Main Body)
• Attachment A - Notice of Intent Form
• Attachment B - Notice of Intent Instructions
• Attachment C - Reporting and Notification Requirements
• Attachment D - Signatory Requirements
• Attachment E - Compliance with 40 CFR Part 121.7
• Attachment F - Map of Regional Water Boards

Statewide General Waste Discharge Requirements for Discharges of Dredged or Fill Material to Waters of the State from Emergency Repair and Protection Activities (Water Quality Order No. 2023-0058-DWQ)

• Waste Discharge Requirements Order (Main Body)
• Attachment A - Map
• Attachment B - Reports and Notification Requirements
  • Attachment B - Cover Sheet Only
• Attachment C - Signatory Requirements
• Attachment D - Notice of Intent Form
• Attachment E - Notice of Completion Form

Order for Waste Discharge Requirements and Water Quality Certification for the Pacific Gas & Electric Company’s (PG&E) Bay Area Operations and Maintenance Program (Order No. WQ 2023-0022-DWQ)

• Cover Letter
• Waste Discharge Requirements and Clean Water Act Section 401 Water Quality Certification
• Attachment A - Project Area Map
• Attachment B - Notice of Intent
• Attachment B - Notice of Intent Instructions
• Attachment C - Report and Notification Requirements
• Attachment D - Signatory Requirements
• Attachment E - CEQA findings of Fact
• Attachment F - Compliance with 40 CFR 121.7
• Attachment G - Notice of Completion

Statewide Restoration General Order – Order for Clean Water Act Section 401 Water Quality Certification and Waste Discharge Requirements for Restoration Projects Statewide – Order No. WQ 2022-0048-DWQ

Adopted by the State Water Board on August 16, 2022, in Resolution No. 2022-0029.

Final Statewide Restoration General Order (SRGO) No. WQ 2022-0048-DWQ

• Complete Order with attachments
• Main Body
• Attachment A – Order Description and Eligibility
• Attachment B – Notice of Intent (pdf only; non-fillable)
• Attachment C – CEQA Findings of Fact
• Attachment D – Reporting and Notification Requirements
• Attachment E – Signatory Requirements
• Attachment F – Order Deviation Procedures

HOW TO APPLY FOR ENROLLMENT:

Step 1: REQUIRED - Request a pre-application consultation with the appropriate Water Board as soon as your project concept is developed, or at least 30-days prior to submitting a Notice of Intent (NOI). Use the Staff Directory to locate contact information for your Water Board.

Step 2: After Step 1 has been completed, apply for enrollment under the SRGO using one of the Notice of Intent (NOI) forms linked below. Instructions for how to enroll and submit your Notice of Intent to the appropriate Water Board are included in the Notice of Intent form. ( Save a local copy of the NOI form before filling it out.)

• SRGO Notice of Intent (NOI) (fillable Word form)
• SRGO Notice of Intent (NOI) (fillable pdf form)

Related Resource:California Department of Fish and Wildlife’s CEQA Statutory Exemption for Restoration Projects (SERP)

CEQA:

• Final SRGO Programmatic EIR – Main Body
• Final SRGO Programmatic EIR – Appendices Only
• Final Adopted SRGO Programmatic EIR by section:
  • Cover Page
  • 0 Executive Summary
  • 1 Prologue and Introduction
  • 2 Background and Description of the Order
  • 3.1 Environmental Setting, Impacts, and Mitigation Measures
  • 3.2 Aesthetics
  • 3.3 Agriculture and Forestry Resources
  • 3.4 Air Quality and Greenhouse Gas Emissions
  • 3.5 Biological Resources Terrestrial
  • 3.6 Biological Resources Aquatic
  • 3.7 Cultural Resources
  • 3.8 Energy Resources
  • 3.9 Geology and Soils
  • 3.10 Hazards and Hazardous Materials
  • 3.11 Hydrology and Water Quality
  • 3.12 Land Use and Planning
  • 3.13 Mineral Resources
  • 3.14 Noise
  • 3.15 Population and Housing
  • 3.16 Recreation
  • 3.17 Transportation
  • 3.18 Tribal Cultural Resources
  • 3.19 Utilities and Public Services
  • 3.20 Wildfire
  • 4 Cumulative Impacts
  • 5 Other Considerations
  • 6 Alternatives
  • 7 List of Preparers
  • 8 References
  • Appendix A. Order Cover Page
  • Appendix B. NOP & Comment Letters
  • Appendix C. Existing Programmatic Permits and Processes
  • Appendix D. NMFS Programmatic BOs
  • Appendix E. Order Description and Eligibility
  • Appendix F. Species Protection Measures
  • Appendix G. California Natural Diversity Database
  • Appendix H. Response to Comments
  • Appendix I. Findings of Fact and Statement of Overriding Considerations
  • Appendix J. Mitigation Monitoring and Reporting Program

EFFECTIVE FEBRUARY 25, 2022 - 2021 State Water Board General Order for the Corps’ Nationwide Permits (Order No. WQ 2021-0048-DWQ)

Dischargers seeking enrollment under NWPs 12, 57, or 58 (utility related permits), should follow the instructions in the 2020 State Water Board Certification of the NWPs (Order No. [WQ] 2020-0039-EXEC), see below under Year 2020.

• Certification Action and General Order
• Attachment A – Notice of Intent Form (effective February 25, 2022)
  Instructions for Filling out the NOI and Submitting an Application
• Attachment B - Reporting and Notification Requirements
• Attachment C - 40 CFR Part 121.7 Compliance
• Attachment D - Signatory Requirements
• Attachment E - list of Certified NWPs

NWP projects must meet specific size thresholds and other CEQA or locational requirements to enroll under this General Order (No. WQ 2021-0048-DWQ). Below is a non-exclusive list of such thresholds. If your project does not qualify for enrollment under this General Order, submit an individual application to the appropriate Water Board.

• Projects must be exempt from CEQA.
• Projects impacting histosols, fens, bogs, peatlands, in wetlands contiguous with fens and vernal pools are prohibited.
• NWPs 3(a) and 14 only: Construction, replacement, or expansion of facilities in any ocean, bay, tidal waters or shores thereof are prohibited.
• NWP 3(a) and 14 include the following size thresholds for all impacts to waters of the state:
  • Permanent Impact Acreage: no more than one hundredth (0.01) of an acre.
  • Total Impact Acreage: no more than two tenths (0.2) of an acre of total impacts.
  • Permanent Impact Length: no more than 100 linear feet.
  • Total Impact Length: no more than 300 linear feet of total impacts.

Important Note: Only the project types listed below may be eligible for enrollment under this General Order [No. WQ 2021-0048-DWQ]. Applicants seeking enrollment for projects under a Nationwide Permit not listed below or for projects not eligible for coverage under any of the Water Board's General Orders should submit an individual application to the appropriate Water Board. Visit the State Water Board's 401 Water Quality Certification and Waste Discharge Requirements webpage for individual application instructions.:

• NWP 1 aids to navigation
• NWP 3a maintenance
• NWP 4 fish and wildlife harvesting
• NWP 5 scientific measuring devices
• NWP 6 survey activities
• NWP 9 structures in fleeting and anchorage areas
• NWP 10 mooring buoys
• NWP 11 temporary recreational structures
• NWP 14 linear transportation
• NWP 20 response operations for oil or hazardous substances
• NWP 22 removal of vessels
• NWP 28 modification of existing marinas
• NWP 32 completed enforcement actions
• NWP 36 boat ramps
• NWP 54 living shorelines

Nationwide Permits - other resources:

• Army Corps of Engineers – Headquarters
• Army Corps of Engineers – Sacramento District
• Army Corps of Engineers – San Francisco District
• Army Corps of Engineers – Los Angeles District

State Water Board General Order for the Corps' Nationwide Permits (Order No. 2020-0039-EXEC)

Effective March 15, 2021

Important Note: Only the following project types may be eligible for enrollment under this General Order:

• NWP 12 for oil or natural gas pipeline activities
• NWP 57 for electric utility line and telecommunications activities
• NWP 58 for utility line activities for water and other substances

NWP 12, 57, and 58 projects must meet specific size thresholds and other CEQA or locational requirements to enroll under this General Order (No. 2020-0039-EXEC). Below is a non-exclusive list of such thresholds. If your project does not qualify for enrollment under this General Order, submit an individual application to the appropriate Water Board.

• Projects must be exempt from CEQA.
• Projects impacting histosols, fens, bogs, peatlands, in wetlands contiguous with fens and vernal pools are prohibited.
• Construction, replacement, or expansion of facilities in any ocean, bay, tidal waters or shores thereof are prohibited.
• Size thresholds for all impacts to waters of the state:
  • Permanent Impact Acreage: no more than five thousandths (0.005) of an acre.
  • Temporary Impact Acreage: no more than one half (0.5) of an acre of total impacts.
  • Permanent Impact Length: no more than 50 linear feet.
  • Temporary Impact Length: no more than 400 linear feet of total impacts.

How to Apply:

1. Fill out the Notice of Intent according to the Instructions in Attachment A (below).
   Submit the Notice of Intent and fee to the State Water Board. Fees may be paid electronically
   
2. (Preferred) Send an email with all attachments and proof of payment to: SWBNWP@waterboards.ca.gov
   or mail hard copy to:
   State Water Resources Control Board, Division of Water Quality
   CWA 401 Certification Program; ATTN: Jean Bandura
   1001 I Street; 15th Floor
   Sacramento, CA 95814
   

2020 Order and Attachments

• Certification Action and General Order
• Attachment A -
  • Notice of Intent Form
  • Instructions
• Attachment B - Reporting and Notification Requirements
• Attachment C - 40 CFR Part 121.7 Compliance
• Attachment D - Signatory Requirements
• Attachment E - list of Certified Nationwide Permits

Projects enrolled under this General Order

Applicants seeking enrollment for projects under a Nationwide Permit not listed above or for projects not eligible for coverage under any of the Water Board's General Orders should submit an individual application to the appropriate Water Board. Visit the State Water Board's 401 Water Quality Certification and Waste Discharge Requirements webpage for individual application instructions.

Regional General Permit (RGP) 5 for Emergency Repair and Protection Activities

• Cover Letter
• Certification Order
• Attachment A – RGP 5 Area Map
• Attachment B – Signatory Requirements
• Attachment C – Reporting and Notification
• Attachment D - Notice of Intent Form
• Attachment E - Notice of Completion Form

Regional General Permit (RGP) 41 for Removal of Invasive Plants

• Cover Letter
• Certification Order
• Attachment A – RGP 41 Area Map
• Attachment B – Signatory Requirements
• Attachment C – CEQA Addendum

NEW PROJECTS SHOULD USE ORDER WQ 2023-0095-DWQ FOUND ABOVE

Regional General Permit (RGP) 63 for Emergency Repair and Protection Activities

• Cover Letter
• Certification Order
• Attachment A - RGP 63 Area Map
• Attachment B - Signatory Requirements
• Attachment C - Reporting and Notification Requirements
• Attachment D - Notice of Intent Form
• Attachment E - Notice of Completion Form

2018 Existing Flood Control Facilities Maintenance Authorized Under U.S. Army Corps of Engineers Regional General Permit (RGP) 99

• Cover Letter
• General Order
• Attachment A - Project Maps
• Attachment B - As-Built Dimension Information
• Attachment C - CEQA Findings of Fact
• Attachment D1 - Notice of Intent Instructions
• Attachment D2 - Notice of Intent Form (MS Word Format)
• Attachment E - Reporting and Notification Requirements
• Attachment F - Certification Deviation
• Attachment G - Signatory Requirements

Amended General Water Quality Certification for Small Habitat Restoration Projects

• Certification Order
• Attachment A - Signatory Requirements
• Attachment B - Notice of Intent (NOI)

General Water Quality Certification for Small Habitat Restoration Projects File # SB09016GN

• Certification Order
• Attachment A - Signatory Requirements
• Attachment B - Notice of Intent (NOI)

Vessel General Permit (VGP), Modification of the State Board's December 17, 2008 Clean Water Act Section 401 Water Quality Certification Order

• Certification Order |  Attachments

Statewide General Waste Discharge Requirements for Dredge or Fill Discharges to Waters Deemed by the U.S. Army Corps of Engineers to be Outside Federal Jurisdiction (WQO 2004-0004)

• Certification

401 - Regulated Projects (WQ Order 2003-0017)

• Certification