PUBLIC NOTICE
TO WHOM IT MAY CONCERN: State Water Quality
Certification, as required by Section 401 of the Clean
Water Act (CWA), has been requested of the West
Virginia Department of Environmental Protection
(WVDEP) for the:
Project: Section 404 Nationwide Permits for West
Virginia
Applicant: U.S. Army Corps of Engineers, Huntington
and Pittsburgh Districts (USACE)
SCOPE OF CERTIFICATION: Pursuant to Section 401
of the CWA, the State may either certify, certify with
conditions, deny, or waive certification of the proposed
activity. When issuing certification, the WVDEP may
consider the proposed activity’s impact on water
resources, fish and wildlife, recreation, critical habitats,
wetlands and other natural resources under its
jurisdiction. Regulations governing the scope of the
WVDEP’s certification, public comment, hearings and
appeals are in WV Legislative Rule Title 47, Series 5A.
DESCRIPTION OF THE ACTIVITY: On June 18, 2025,
the USACE, requested certification for the reissuance of
the Nationwide Permits (NWPs), general conditions,
regional conditions, and definitions with some
modifications. On June 18, 2025, the USACE also
published in the Federal Register its proposal to reissue
existing NWPs and issue one new NWP. The USACE is
proposing to reissue most of the NWPs without
changes.
PROJECT LOCATION: NWPs will be available for use
statewide once certified.
INFORMATION AVAILABLE: To view the proposed
draft 401 WQC for NWP, please visit:
https://dep.wv.gov/WWE/Programs/Pages/401Certification.aspx
COMMENTS: Any interested person may submit written
comments on this project during the comment period,
which begins with this notice and ends on November 17,
2025 via mail or email to:
Secretary, WVDEP
Attn: WVDEP 401 Certification Program
601 57th Street SE
Charleston, WV 25304
(304) 926-0499 extension 43869
[email protected]
Correspondence should include the name, address, and
telephone number of the writer and a concise statement
of the nature of the issues being raised. A virtual public
hearing will also be held on November 13, 2025 at 6
pm. Log in information to access the public hearing will
also be posted to
https://dep.wv.gov/WWE/Programs/Pages/401Certification.aspx
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