Tier II 401 Certification
Tier II projects are large projects that affect more than three (3) acres of waters of the United States (HTML) and/or 1,500 linear feet of stream. They also include projects that impact rare and ecologically significant wetlands and would not qualify for a Tier I (HTML) review or for which the applicant elects not to incorporate Tier I BMPs including the applicant choosing to use alternative BMPs. (Help with PDF files.)
After the Corps declares the application complete, a joint public notice is issued. Any water quality issues or concerns identified during the 401 review will be outlined in a letter from the Texas Commission on Environmental Quality (TCEQ) to the Corps. The TCEQ will follow these comment deadlines established in the joint public notice. Once the Corps resolves all issues to their satisfaction, they issue a Statement of Findings or a Decision Document. The TCEQ has 10 working days to make a 401 certification decision. The types of 401 certification decisions are outlined in the rules in Chapter 279.11 (d).
The Tier II certification questionnaire and alternatives analysis checklist can be found in "Tier II 401 Certification Questionnaire and Alternatives Analysis Checklist". (Help with PDF files.)
Contact us if you have questions.