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§401 Certification Process

DEQ Project Contact

Robert Steed

DEQ Coeur d'Alene Regional Office

2110 Ironwood Pkwy.
Coeur d'Alene, ID 83814
ph: (208) 769-1422
fx: (208) 769-1404

robert.steed@deq.idaho.gov

DEQ Media Contact

Curt Fransen

DEQ State Office

1410 N. Hilton

Boise, ID 83706
ph: (208) 373-0240
fx: (208) 373-0417

curt.fransen@deq.idaho.gov


Surface Water: §401 Certification
Post Falls Hydroelectric Project

 
 Background

In 2007, Avista Utilities applied to the federal government for a renewed license to operate its Post Falls Hydroelectric Project, located on the Spokane River downstream from Lake Coeur d'Alene. Avista also requested a water quality (401) certification from DEQ. The certification ensures that the project complies with state water quality standards.

Section 401 of the Clean Water act requires state certification of any permit or license issued by a federal agency for any activity that may result in a discharge into waters of the state to ensure that the proposed project will not violate state water quality standards.

Prior to certifying the permit, DEQ solicited input from the public and interested parties.

  • A 30-day public comment period was conducted April 22 - May 22, 2008. A total of 15 sets of comments were received from the public, Washington agencies, and the Coeur d'Alene Tribe.
  • A public hearing to receive oral testimony on the draft certification was held May 20, 2008, in Coeur d'Alene.

Comments were addressed in the Certification Overview and Responsiveness Summary documents posted below. The Certification Overview provides technical justifications for conditions in the final certification document, while the Responsiveness Summary contains summaries of comments received and DEQ's responses.

On June 5, 2008, DEQ issued a 401 Water Quality Certification with conditions to Avista Utilities for the Post Falls Hydroelectric Project.

 
 Related Documents
Final Certification (pdf 137 kb, 12 pages)
Settlement Agreement (pdf 134 kb, 34 pages)
Certification Overview (pdf 39 kb, 13 pages)
Responsiveness Summary (pdf 48 kb, 12 pages)
 
 For More information
DEQ News Release Announcing Public Hearing on Draft Certification of Post Falls Hydroelectric Project (May 13, 2008)
DEQ News Release Soliciting Public Comment on Draft Certification that Post Falls Hydroelectric Project Meets state Water Quality Standards (April 22, 2008)
DEQ News Release on Withdrawal and Resubmittal of Request for Certification of Post Falls Hydroelectric Project (June 12, 2007)
DEQ News Release on Receipt of Request from Avista Utilities for Certification of Post Falls Hydroelectric Project (April 6, 2007)
Avista Utilities Federal Relicensing Process Web Page
Federal Energy Regulatory Commission Hydropower Web Page
 



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