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 or waiver from the North Dakota Department of Health for Federal Energy Regulatory Commission (FERC) licensed projects or projects that require approval from the U.S. Army Corps of Engineers that may discharge dredged or fill material into a water of the United States, including wetlands.

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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.

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Permitting at a Glance

401 Water Quality Certification: A project subject to federal license or permit (e.g., Clean Water Act 404 permit, Federal Energy Regulatory Commission license, etc.), may need a 401 Water Quality Certification or waiver if the project may result in any discharge into navigable waters of the United States. North Dakota – N.D. Century Code §§ 61-28 et seq., Control, Prevention, and Abatement of Pollution of Surface Waters; North Dakota – N.D. Admin. Code §§ 33-16-02.1 et seq., Standards of Quality for Waters of the State.
401 Certification Agency: North Dakota Department of Health