How to Apply

The above video will be replaced in the future, once we have completed one for the local area, however, the application process and types of drawings remain a good reference.

An applicant can obtain the services of a consultant to assist them in the application process.

Disclaimer: This directory, including the list of services offered, contains only firms who request listing and may not include all of the firms within your service area. USACE neither endorses nor accepts responsibility for work performed by any firm on this list.

If you are a consultant and would like to request to have your name added to the USACE Regulatory Division, Honolulu District consultant directory, please complete the Request for Listing Form and submit to CEPOH-RO@usace.army.

Consultant Directory

Request for Listing Form

Under Section 401 of the CWA, a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the United States unless a Section 401 water quality certification is issued, or certification is waived. The EPA (in certain locations) or the corresponding state/territory listed below, are the certifying authorities responsible for issuing water quality certifications in the Honolulu District. The Section 401 certification can cover both the construction and operation of the proposed project. Conditions of the Section 401 certification become conditions of the Department of the Army permit issued by the Corps. Section 404 permits generally require Section 401 water quality certifications. Section 10 permits may also require Section 401 water quality certifications.

When you apply for a permit from the USACE, Regulatory Division, you are often required to obtain a Section 401 water quality certification from the certifying authority. The Section 401 certification is generally conducted at the same time as the USACE, Regulatory Division’s review. To apply for a Section 401 certification, contact the applicable certifying authority. The certifying authorities in the Honolulu District are: the U.S. Environmental Protection Agency, Region 9 (EPA) or:

• Hawaii – State of Hawaii, Department of Health, Clean Water Branch Website
• American Samoa – American Samoa Environmental Protection Agency Website
• CNMI – CNMI Division of Environmental Quality, Bureau of Environmental and Coastal Quality Website
• Guam – Guam Environmental Protection Agency Website

EPA is the certifying authority for activities on the U.S. Minor Outlying Islands.

Many Nationwide Permits and Regional General Permits have been previously certified and may not require an individual 401 certification. Therefore, it is important that you communicate with the USACE, Honolulu District prior to submitting a certification request to determine the type of permit you may require.

U.S. Environmental Protection Agency’s Section 401 webpage

1. Submit a Pre-Filing Meeting Requests (Section 121.4)
   Project proponents must request a pre-filing meeting from the state or territorial certifying authority (or EPA, if applicable) at least 30 days before requesting certification unless the certifying authority waives or shortens this requirement. Reference the applicable websites above for contact information for your local certifying authority to obtain an application and instructions for submitting a pre-filing request or the EPA Section 401 of the Clean Water Act website. This approach encourages early engagement between project proponents, federal agencies, and certifying authorities, while providing certifying authorities flexibility to determine if a pre-filing meeting is necessary. Providing an early opportunity to address any issues or questions allows the certification process to move efficiently.
2. Submit a Request for Certification (Section 121.5) once pre-filing process is completed (30 days after submittal of pre-filing request)
   You MUST include the following in your request for certification or it will be considered incomplete: (1) a copy of the permit application submitted to the Corps (for individual permits), and (2) any readily available water quality-related materials that informed the development of the application or the draft federal license or permit. Local certifying authorities or EPA may define other contents necessary for a request for certification. Other such contents must be relevant to the water quality related impacts from the activity and identified prior to when the request for certification is made. Reference the applicable certifying authorities websites above or the EPA Section 401 of the Clean Water Act website for the application, requirements, and instructions for submitting a request for certification.

A complete application requires a detailed description of the proposed project, including the purpose of the discharge and the type and quantity of material to be discharged.

For example, the description may be: “I am proposing to construct a house pad that will contain my house and detached garage, and a driveway (NOTE: house, garage and driveway is what is being constructed, residential development is the purpose of the project). The house pad will be 40 feet x 60 feet and the driveway will be 200 feet long by 14 feet wide at the toe of slope (12-foot driving surface and two feet deep). The project will require the discharge of XX cubic yards of fill to construct. The fill will be placed directly on filter fabric and no excavation will occur.” This is an example. A description of your specific project must be submitted.

A complete permit application also requires drawings, maps and other supporting documents illustrating the project layout on the ground. A permit application must include the following drawings in the correct format (see Drawing Format Requirements below):

• Location map: It is important to provide the latitude and longitude, in decimal degrees (i.e., 61.216579, -149.899597) as part of the project location.
  Get assistance here in determining the latitude and longitude for your project.
• Site plan
• Cross-section drawings

Applications must include a statement describing how impacts to waters of the United States are to be avoided and minimized. The Corps may require a wetland delineation, which is a document that clearly defines the boundaries of any waters that might be affected. It includes all wetlands, streams and other bodies of water in your project area. Completing a wetland delineation requires expertise and may require professional assistance. Contact USACE for more information on wetland delineations.

All drawings should be clear, legible and formatted to fit an 8.5 by 11-inch sheet (drawings can be submitted electronically, but they must be able to be printed and hard copy mailed to those who request it). Use the fewest number of sheets necessary.

Permit Applications Drawing Checklist

Permit Application Drawing Examples (these sample drawings are for reference only, they must not be reproduced or submitted with an application):

• Pier, Ramp, and/or Float
• Wetland fill for a road
• Wetland fill for a subdivision
• Stream crossing
• Culvert
• Bank stabilization – Riprap
• Bank stabilization – Bio-engineered

There are no fees for general permits and letters of permission issued by the USACE, Regulatory Division. The following fees apply when a project has been approved and a Standard Individual Permit is issued by the Corps and accepted by the applicant:

• $10 for individuals (non-commercial activities)
• $100 for businesses (commercial and industrial activities)
• No fees are charged to governmental agencies

Payments are made online at Pay.gov: Department of the Army Permit Fees. Do not send in fees prior to being notified by the USACE. We will not assess a fee until we have reached a permit decision, and are prepared to issue you a permit. You will be directed to address payment of the fee at the appropriate time.