For Information about 401 and 404 process

• Overview of 401 and 404 Permitting Process in Plain Language
• Primary Contact at Nevada Department of Environmental Protection
• Contacts for the United States Army Corp of Engineers
• Agency Links for Comprehensive Information
• Contacts for 401 Applications
• Links to Permit Applications and Examples
• Nationwide Permits 27, 37, and General Conditions

Overview of 401 and 404 Permitting Process in Plain Language

NRCS Nevada engineering section developed this link to provide general information to NRCS field office staffs for the purpose of helping landowners acquire necessary permits for working within navigable waters of the US, typically the blue line stream designations shown on USGS quadrangle maps.  These permits are the responsibility of landowners to obtain, and therefore must be signed by the landowner as “the applicant.”

Basically there are three separate entities and applications involved:

1. Nevada requires a permit called "Temporary Permit For Working in Waterways."

2. The Environmental Protection Agency (EPA) requires a 401 Water Quality Permit.  This is handled by the Nevada Division of Environment Protection (NDEP) except for tribal lands.  401 permits on tribal lands are handled by EPA out of San Francisco.

3. US Army Corp of Engineers (USACE) requires a 404 permit.

This site provides a single location that contains links for 401 information and contacts, 404 application forms with instruction sheets, and a completed example of applications for a project in Lincoln County, Nevada.   

As a brief overview of the permitting process, three separate applications are required.  Before the USACE can issue a 404, the NDEP must issue the 401. The USACE usually has 30 to 45 days from the time they receive a completed application to issue the 404 permit.  Applications can and should be submitted to both agencies simultaneously.

The 401 permit is required by the Clean Water Act of 1977 (which is actually the date of an amendment to an Act of 1972, and in 1977 it became known as the Clean Water Act).  The 401 permit is concerned with EPA regulations concerning discharges into the Nation's public waters, whereas the 404 permit has more to do with the actual construction activities within those waterways.

There are two primary categories of 404 permits.  One is a formal process that involves public notification through the federal register, a comment period, and ultimately a decision by USACE.  Fortunately, this is not the process NRCS Nevada has to deal with.  The other process is called Nationwide Permits (NWP).  Application for NWPs must be made for each project; the only difference from the formal process being public review is not required.  Each of the forty-four NWPs has already gone through a public review process.  NRCS Nevada projects generally will fall within two of the forty-four NWPs: 

1. Nationwide Permit Number 27 is titled “Wetland and Riparian Restoration and Creation Activities.”

2. Nationwide Permit Number 37 is titled “Emergency Watershed Protection and Rehabilitation.”

All Nationwide Permits reference a set of general conditions consisting of fifteen itemized topics dealing with issues such as erosion control, wild and scenic rivers, endangered species, etc.

The following guidelines are recommended when filling out an application for a 404 permit:

1. The 404 permit needs to be filled out completely. Step by step instructions for preparing the permit are included with the application.  Applications may be obtained on-line from the US Army Corps of Engineers (USACE) web site.
2. If the project area as shown on the USGS quadrangle map reflects a blue stream line, then a 404 permit is required.  If the water way is dry but has the characteristics of a stream channel, the project must go through the permitting process.  When in doubt, fill it out.
3. Make a copy of appropriate area of the quadrangle map with the project site circled. The copy must include the title block of the quadrangle.  Include the Section, Township and Range.  If available include an aerial photo of the project site.
4. Include basic drawings, standard drawings, or sketches (8.5” by 11” preferred) showing the planned treatment with quantities of excavation and fill below the normal high water mark, typically the one or two year event.  Final drawings are not required.  This means the application can be submitted as soon as the planned treatment or practice is known by simply providing the general information.  The permit process is in the critical path to start these projects and application should be made as early as possible.
5. Include the completed Threatened and Endangered Species (T&E) form and the completed Cultural Resource Worksheet.  The cultural resource information and the T&E information need only be copies of worksheets sent in.  It is not necessary to wait for the requested information to be returned, only that the forms are complete with all pertinent data.
6. Indicate if the project is on tribal lands.

Primary Contacts at Nevada Department of Environmental Protection

For "Temporary Permit for Working in Waterways" application:

• Icyl Mulligan
  Bureau of Water Pollution Control, NDEP
  901 S. Stewart St., Suite 4001
  Carson City, Nevada, 89701
  Phone: 775-687-4670
  Email: imulliga@ndep.nv.gov

For 401 permits:

• Glen Gentry
  Bureau of Water Quality Planning, NDEP
  901 S. Stewart St., Suite 4001
  Carson City, Nevada, 89701
  Phone: 775-687-4670
  Email: ggentry@ndep.nv.gov 

Contacts for the United States Army Corp of Engineers

• For Lincoln and Clark Counties, Steve Roberts in the St. George office, 435-986-3979. 
  Email: Steven.W.Roberts@spk01.usace.army.mil
• For the rest of Nevada, Richard Gebhart in Reno, 775-784-5307.
  Email: Richard.A.Gebhart@usace.army.mil

Agency links for comprehensive information:

• NDEP – www.ndep.nv.gov
• USACE – www.spk.usace.army.mil/regulatory.html

Contacts for 401 Application and Instructions:

• For all lands other than tribal lands, contact Glen Gentry at 775-687-4670 for guidance.
• For tribal lands, contact David Smith at 415-972-3416 for guidance.

Links to Permit Applications and Examples

• Temporary Permit for Working in Waterways and instructions may be obtained at: http://www.ndep.nv.gov/bwpc/tmpwtrwy.pdf
• 404 application and instructions may be obtained at:
  http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/pdf/ENG4345.pdf

 These files require Acrobat Reader.

Example of completed Temporary Permit for Working in Waterways (PDF; 1.3 MB)

Example of 404 application form including narrative and location sketched on quadrangle (PDF; 1.6 MB)

Nationwide Permits 27, 37, and General Conditions