What types of conditions might IDEM impose as part of an approval of Section 401 Water Quality Certification?
Typical “special conditions” include minimization of impacts, compensatory mitigation for wetland and stream impacts, monitoring requirements for required compensatory wetland and/or stream mitigation, establishment of buffer zones around waterbodies, prohibitions on work during certain periods of the year, the implementation of stormwater and erosion control measures, and additional monitoring or water quality studies. Section 401(d) of the Federal Clean Water Act requires states to lay out, in the certification approval, any limitations or requirements necessary to ensure that the applicant will comply with all appropriate requirements of state law. These conditions laid out by IDEM as part of the Section 401 Water Quality Certification approval also become conditions of the federal permit.
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