Short Term Activity Authorizations (STAAs) and Section 401 Water Quality Certification (WQC)

Short Term Activity Authorization

Arkansas Code § 8-4-234 and 8 CAR pt. 21 requires any person planning to conduct any activity in waters of the state that might cause a violation of Arkansas water quality standards to obtain a short term activity authorization from DEQ prior to beginning work. This authorization is subject to the provisions that such activity is essential to the protection or promotion of the public interest and that no permanent or long-term impairment of beneficial uses is likely to result from such activity. Nothing in this authorization is intended to supersede existing state or federal permitting processes or requirements.

A STAA covers one waterbody crossing or disturbance. Multiple crossings or disturbances will need individual STAAs and applicants shall provide thorough descriptions of mitigation and best management practices at each location.

A STAA only covers the activity that has potential to affect compliance with Arkansas water quality standards and is applicable for one year after issuance. All projects continuing for >1 year must apply for a renewal. Therefore, it is recommended that STAA applications be submitted after all applicable permits are obtained.

A STAA shall not be granted for activities likely to result in the adverse long-term or permanent impact on any federally threatened or endangered species or on critical habitat of such species.

STAAs do not take the place of construction stormwater permits and best management practices are required for construction sites regardless of size. If the project is associated with a construction site that will disturb greater than one (1) acre and less than five (5) acres, the applicant shall comply with the requirements in 8 CAR § 25-203 for stormwater discharge associated with a small construction site as defined in 8 CAR pt. 25. If the project is associated with a construction site that will disturb five (5) acres or more, the applicant shall also obtain coverage under the NPDES Construction Stormwater Permit prior to start of construction at the site.

What Type of Activities Require a STAA?

Activities eligible for authorization include, but are not limited to:

  • Wastewater treatment facility maintenance;
  • Fish eradication projects;
  • Mosquito abatement projects;
  • Algae and weed control projects;
  • Dredge and fill projects;
  • Construction activities; or
  • Activities which result in overall enhancement or maintenance of beneficial uses.

Any project resulting in the discharge of dredge or fill materials into Waters of the United States (WOTUS) will also need a U.S. Army Corps of Engineers (USACE) 404 permit.

Emergency STAA

If a temporary emergency activity (an activity needed to prevent immediate risk to health, life, property, or environment) is needed, the submittal of an Emergency STAA is not required before conducting emergency activity. Notification of the emergency activity should be made within seventy-two (72) hours after making temporary repairs and shall include what additional work is needed for completion of the repairs. Justification for emergencies in the form of inspection reports, pictures, or other documentation must be included in the emergency STAA application.

How Do I Apply for a STAA?

The applicant shall apply electronically through DEQ’s SEEK website, unless the applicant receives an electronic submittal waiver from DEQ. Click on the SEEK dropdown box below for complete instructions.

How to get started:

  1. You will need to register online.
    1. Once the registration process is completed, a verification email with a confirmation code will be sent to the email address listed during registration.
    2. Once the email is received, the confirmation code will need to be entered on the registration screen.
    3. Failure to complete the validation process will render the account registration incomplete. If this occurs, this account will not be able to submit any requests until this process has been completed.

After completing the registration process, the application process can begin.

How to submit a STAA Request:

  1. Log-in using the email that was used during the registration process.
  2. Click the "Form Finder" button in the left menu or the "Finder" button in the top menu bar.
    1. Type STAA in the box above the words "Recommended Forms".
    2. Recommended forms will appear in a list.
    3. Click on the Short Term Activity Authorization (STAA) form.
  3. Click the "Begin Form Entry" button at the bottom of the webpage and follow the directions on the application.

STAA Fees

Pursuant to Ark. Code Ann. § 8-4-234(b)(2) and 8 CAR pt. 12, the STAA fee shall not exceed two hundred dollars ($200) for each waterbody crossing, waterbody disturbance, or other eligible activity.

Pursuant to Ark. Code Ann. § 8-4-234(b)(5) and 8 CAR pt. 12, DEQ shall waive twenty-five percent (25%) of the STAA fee for a state agency, board, commission or municipality, city, or county. Therefore, the STAA fee shall not exceed one hundred fifty dollars ($150) for each waterbody crossing, waterbody activity, or other eligible activity.

Electronic Waivers

Waivers from electronic submissions may be granted based on the following conditions:

  1. If the operational headquarters is physically located in a geographic area (i.e. Zip Code of census tract) that is identified as under-served for broadcast internet access in the most recent National Broadband Map from the Federal Communications Commission;
  2. If available computer access or computer capability is limited; or
  3. If the applicant is a religious community that choose not to use certain modern technologies pursuant to 40 C.F.R. § 127.15(c)(1).

Clean Water Act Section 401 Water Quality Certifications (WQCs)

Pursuant to section 404 of the Clean Water Act (CWA), any project that discharges dredge or fill material into a water of the United States (WOTUS) must obtain a 404 permit through the United States Army Corps of Engineers (USACE). CWA Section 401 requires the State of Arkansas to certify the proposed project prior to the issuance of a federal 404 permit, ensuring that the discharge from proposed projects will not violate state water quality standards during construction and operation. The decision to issue a Section 401 WQC rests with DEQ and is based on compliance with 8 CAR pt. 21, Rule Establishing Water Quality Standards for Surface Waters of the State of Arkansas.

To ensure expeditious review, include all applicable permits and plans related to water quality mitigation in the 401 WQC application including, but not limited to, Stormwater Pollution Prevention Plans, Construction Stormwater Permits, General NPDES Permits and 404 permits.

Individual 401 water quality certifications are required for projects that have the potential to impact Extraordinary Resource Waters, Ecologically Sensitive Waterbodies, or Natural and Scenic Waterways of the state, exceed regional conditions, or otherwise determined by the USACE. Filing an application with USACE starts both the 404 permit and the Section 401 WQC processes. The USACE will notify an applicant if they need to pursue an Individual Section 401 WQC. Each applicant must submit a Pre-File Meeting Request in SEEK at least 30 days prior to applying for a 401 WQC. Including all pertinent details about the project, how water quality will be mitigated during both construction and operation, and any communications with your USACE contact will ensure an expedited review.

Apply for a USACE 404 permit at https://regulatory.ops.usace.army.mil/offices/. To For questions regarding 404 applicability, reach out to your district contact by using https://regulatory.ops.usace.army.mil/offices/ to navigate to a regional contact.