401 Certification Reviews
The Texas Commission on Environmental Quality (TCEQ) is responsible for conducting Section 401 certification reviews of U.S. Army Corps of Engineers Section 404 permit applications for the discharge of dredged or fill material into waters of the United States, including wetlands. The TCEQ is the lead state agency that administers the Section 401 certification program in Texas except with respect to oil and gas exploration, which is the responsibility of the Railroad Commission of Texas. The purpose of these certification reviews is to determine whether a proposed discharge will comply with state water quality standards.
Types of 401 Certifications
- are less than 1,500 linear feet of stream
- are less than 3 acres of waters of the US (or a combination of one and two) and
- do not affect rare and ecologically significant wetlands.
- affect ecologically significant wetlands of any size
- are greater than 1,500 linear feet of stream
- are greater than 3 acres of water of the US
- or otherwise not appropriate for Tier I reviews.
Projects that affect small areas of waters of the US and are for specific activities.