RAPID/Hydropower/North Dakota/Water Quality

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North Dakota Hydropower Water Quality Assessment(14-ND)

In North Dakota, a hydropower developer may need a Section 401 Water Quality Certification from the North Dakota Department of Health for Federal Energy Regulatory Commission (FERC) licensed projects that may discharge dredged or fill material into a water of the United States, including wetlands.

More Information

Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.

Permitting at a Glance

401 Water Quality Certification Process (401 Certification): The North Dakota Department of Health reviews and issues site specific 401 Water Quality Certifications. Under Process 401(a)(1) of the CWA (33 U.S.C. § 1341), states have the authority to review and approve, condition, waive, or deny a 401 WQC .
401 Certification Regulatory Agency: North Dakota Department of Health
401 Certification Threshold: Section 401 of the Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.) requires developers, subject to a federal license or permit (i.e., Clean Water Act Process 404 permit, Federal Energy Regulatory Commission license, etc.) to obtain a 401 Water Quality Certification (WQC) if the project may result in any discharge into navigable waters of the U.S.

Contact Information

Edit U.S. Army Corps of Engineers
Section 404 Regulatory Contacts

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Edit Bureau of Reclamation
Hydropower Program: Power Resources Office Directory

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Edit Federal Energy Regulatory Commission
Regional Office Hydropower Contacts

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