Clean Water Act Section 401 – Certification and Wetlands Program

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

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

Regional General Permit (RGP) 8 for Emergency Repair and Protection Activities

• Cover Letter
• Certification Order
• Attachment A - RGP 8 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

EXPIRED - State Water Board Certification of the 2017 Nationwide Permits

2017 Order and Attachments:

• Cover Letter
• General Order
• Attachment A1 - Notice of Intent Instructions (NOTE: expires February 24, 2022)
• Attachment A2 - Notice of Intent Form (MS Word Format)
• Attachment B - Reporting Requirements
• Attachment C - Project Map
• Attachment D - Signatory Requirements

View Notices of Applicability for Projects enrolled under this Order.

Regional General Permit (RGP) 8 for Repair and Protection Activities in Emergency Situation

• Cover Letter
• Certification Order
• Attachment A – RGP 8 Area Map
• Attachment B – Signatory Requirements
• Attachment C – Applicant's Project Description
• Attachment D – Notice of Intent Form (MS Word Format)
• Attachment E – Notice of Completion Form (MS Word Format)

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

• Cover Letter
• Certification Order
• Attachment A – RGP 5 Area Map
• Attachment B – Signatory Requirements
• Attachment C – Applicant's Project Description
• Attachment D – Notice of Intent Form (MS Word Format)
• Attachment E – Notice of Completion Form (MS Word Format)

RGP 41 for Removal of Invasive Plants

IMPORTANT UPDATE - Part VII of the posted certification of RGP 41 cites an expired fee amount. As of October, 2015, the fee for all general orders, including RGP 41, is $200.00, as shown in the 401 Program Fee Calculator, Ecological Restoration and Enhancement Projects, Row (D). The Calculator is found under the Resources for Applicants” section of this 401 Certification and Wetlands Program website.

• Certification Order
• Attachment A – Draft Regional General Permit 41
• Attachment B – RGP 41 Area Map
• Attachment C – Regional Water Board Mailing Addresses
• Attachment D – Signatory Requirements
• Attachment E – CEQA Addendum

RGP 63 for Repair and Protection Activities in Emergency Situations

• Certification Order
• Attachment A – Signatory Requirement
• Attachment B – Applicant's Project Description
• Attachment C – RGP 63 Area Map
• Attachment D – Emergency Notification Form (MS Word Format)
• Attachment E – Final Report Form (MS Word Format)

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)

2012 Nationwide Permits

• Certification Order
• Attachment A – Notification Requirements
• Nationwide Permits Staff Report

RGP 60 for Repair and Protection Activities in Emergency Situations (Corps File # 199700652, SWRCB File # SB09012GN)

• Enclosure - Certification Order with Attachments
• Attachment A - Applicant’s Project Description
• Attachment B - Project Information Sheet
• Attachment C - 48 Hour Notification Form (MS Word format)
• Attachment D - Final Report Form (MS Word format)
• Attachment E - Signatory Requirements

RGP 5 for Repair and Protection Activities in Emergency Situations

• Enclosure - Certification Order with Attachments A & B
• Attachment C - 48-Hour Notification Form (Pre-Project)
• Attachment D - Final Report Form (Post-Project)

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

RGP 41 for Removal of Invasive, Exotic Plants

• Enclosure - Certification Order with Attachments A & B
• Attachment C - California Environmental Quality Act (CEQA) 2008 Addendum and Final Negative Declaration

RGP 63 for Repair and Protection Activities in Emergency Situations

• Enclosure 1 - Certification Order with Attachments A & B
• Attachment C - 48-Hour Notification Form (Pre-Project)
• Attachment D - Final Report Form (Post-Project)

General 401 Water Quality Certification Order for Small Habitat Restoration Projects

• Notice of Intent | Certification

RGP 67, Beach Nourishment in Southern California RGP 67, MND (SCH # 2005101086)

• Certification
• Full Version
• Main Document | Maps | Appendices

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

RGP 60, Repair & Protection Activities in Emergency Situations

• Certification

RGP 41, Amendment of SB's 10/24/03 Certification Order

• Certification

RGP 5, Repair & Protection Activities in Emergency Situations

• Certification

401 - Regulated Projects (WQ Order 2003-0017)

• Certification

RGP 41 Removal of Invasive, Exotic Plants (amended 01/08/2004)

• Certification

RGP 63 for Emergency Situations

• Certification