Section 404 & 10 Individual permits

Use this webpage if work is in a wetland or stream under the jurisdiction US Army Corps of Engineers (Corps) and cannot be verified under the NWPs. You will need an Individual Permit from the Corps and an Individual Water Quality Certification from the Section 401 certifying agencies or tribe. Find out who the Section 401 certifying agency is on the State water quality jurisdiction over wetlands & other waters webpage.

Before using this page, review the Wetlands webpage to assess wetlands and streams, identify impacts, and mitigate for impacts. Visit the Section 404 & 10 Nationwide Permits webpage to see if work can be verified under the Nationwide Permits (NWPs).

Applying for individual permits and certifications

Pre-application meeting

If you have concerns about the permit process, you may need a pre-application meeting. Schedule a pre-application meeting by contacting the Liaison Program Coordinator (Tara Stone, taralyn.stone@wsdot.wa.gov). At the meeting, be prepared to discuss the project scope, wetland impacts, and mitigation plan. Submit questions to the Liaison Program Coordinator at least a week before the pre-application meeting to allow the Corps and 401 certifying agency or tribe time to prepare.

Filling out the application

Complete a Joint Aquatic Resource Permit Application (JARPA) to apply for Individual permits and WQCs. Access the JARPA form, attachments, and instructions on the Joint Aquatic Resources Permit Application (JARPA) Form website. Use the JARPA and supplemental document matrix (pdf 22 kb) to find out what documents to submit with your application.

A compete application consists of:

  • A JARPA form with:
    • Permittee contact information.
    • Project location details.
    • Project description – The following information should be included in the project description but is not needed for an application to be considered complete. The Corps will need the information to issue a permit decision.
      • For work that involves installing, replacing, or modifying crossings of waters of the United States, such as culverts, include: need for the crossing, crossing design criteria and design methodology, and rationale behind using the specific design method for the crossing.
      • For work that involves bank stabilization include: need for the work and cause of the erosion, current and post-project conditions and stream function, and details of other bank stabilization 300 feet up or downstream of the work.
    • Names and addresses of adjoining property owners.
    • List of other permits and approvals obtained or still needed for the work.
  • Drawings of the work – Find out how to prepare complete application drawings on the Permit application drawings webpage.
  • Wetland assessment and delineation including data forms and ratings – Find out how to conduct and document wetland delineations on the Wetland reconnaissance & assessment webpage.
  • Draft mitigation plan that includes avoidance, minimization, and compensatory mitigation efforts
  • Color photos of pre-project condition showing the Water of the US and Shoreline condition- Photos in the assessment and delineation or mitigation plan meet this requirement.

For work in a waterbody, include information on how a project will be built. Discuss construction sequencing, stream diversions, dewatering and how concrete process water will be handled. You will need similar information for the Temporary Erosion and Sediment Control Plan (TESC), Stormwater Pollution Prevention Plan (SWPPP), and Water Quality Monitoring and Protection Plan. Find information on preparing a TESC and SWPPP on the Erosion control policies & procedures webpage.

Pre-application review

The Liaison Program Coordinator is available to review your application for completeness prior to submittal. Contact the Liaison Program Coordinator (Tara Stone, taralyn.stone@wsdot.wa.gov) to schedule a pre-application review.

Submitting the application

Follow the instructions on the Environmental liaisons webpage to submit the application to the Corps and Ecology. Find contact information for submitting the application for an Individual WQC when work is on tribal lands on the State water quality jurisdiction over wetlands & other waters webpage.

Getting individual permits and certifications

Once the Corps has a complete application, they will issue a joint public notice (15-30 days depending on activity) with the Section 401 certifying agency or tribe. The Corps and the Section 401 certifying agency or tribe will share the comments they receive with each other and the applicant and agent listed on the permit application.

The Section 401 certifying agency or tribe will issue an Individual WQC after the public notice period is closed and all comments have been addressed. They may require a Water Quality Monitoring and Protection Plan for in-water work.

After the 401 Individual WQC is issued, the Corps can issue an Individual Permit when they have the following information:

  • Corps approved mitigation plan.
  • A planting plan that uses native riparian vegetation if work includes bank stabilization.
  • Documentation that the work complies with the Endangered Species Act (ESA) and Section 106 of the National Historic Preservation Act.
    • If the Corps is the federal lead, ESA and Section 106 must be complete in order for them to issue a permit decision. You will need to coordinate with the Corps if they are the lead.
    • If there is another federal lead, usually the Federal Highway Administration or Federal Transit Administration, then the Corps only needs to know the preliminary effect determination. The Corps will need to be a Cooperating Agency on the Memorandum of Agreement when there is an adverse effect for Section 106. If the consultations are not complete by the time the Corps is ready to issue the permit decision, they will add a condition to the permit that the consultations must be complete prior to the start of the permitted activity.
  • Section 404(b)(1) analysis – Use the Practitioners Handbook #14: Applying the Section 404(b)(1) guidelines in transportation project decision making (pdf 1.56 mb) to prepare the analysis.

The Corps may ask for additional documentation depending on the location and scope of work.