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IDEM Water Quality Certification for Impacts to Waters of the State

Learn about IDEM water quality certifications for impacts on state waters under the Clean Water Act. Understand requirements for 404 permits and 401 certifications, including wetlands jurisdiction and project compliance standards.

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IDEM Water Quality Certification for Impacts to Waters of the State

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  1. IDEM Water Quality Certification for Impacts to Waters of the State Martha Clark Mettler Deputy Assistant Commissioner Office of Water Quality, IDEM

  2. USACOE 404 Permit • Required by the Federal Clean Water Act • For discharge of dredged or fill material into all waters of the United States • Includes wetlands when the Corps claims jurisdiction (does not include isolated wetlands as determined by the Corps) • IDEM 401 Water Quality Certification required before Corps will issue the 404

  3. IDEM 401 Certification • Required by the Federal Clean Water Act • For impacts including discharge of dredged or fill material into all waters of the state which include all waters of the United States • Includes wetlands when the Corps claims jurisdiction (does not include isolated wetlands as determined by the Corps) • Certifies project will meet State water quality standards

  4. General 404 Permits • General Permits allow projects with similar characteristics that fit within prescribed categories a permit with standardized permit conditions • Issued by the Corps, but state may have additional conditions that require a 401 in addition to the 404 • Nationwide and Regional General Permits

  5. Individual 404 Permits • For projects that do not fall under a General Permit • Public Notice issued when application is complete – simultaneous 21 day notice • Site specific conditions are developed for the 401 certification and 404 permit – 401 issued 120 days from complete application

  6. 404 Permitting/401 Certification for Coal Mining Activities • Formerly permitted under Corps Nationwide 21 with no additional Indiana conditions for 401 • Attempted to develop Indiana Regional General Permit • Currently Individual Permits are required, but IDEM is working with Indiana Coal Council on template for 401 conditions

  7. 404 Permitting/401 Certification for Coal Mining Activities • Mitigation for impacts to waters is required • Monitoring to ensure mitigation success is required • IDEM is coordinating with the Corps and DNR to ensure requirements work for all agencies

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