Comment period open on State Water Quality Certification for WVDOT

TO WHOM IT MAY CONCERN:

 

State Water Quality Certification, as required by Section 401 of the Clean Water Act, has been requested of  the West Virginia Departmentof  Environmental Protection (WVDEP) for:

 

(Nameof Project): United States Army Corps of Engineers Regional General Permit for the WV Department of Transportation

(Name and address of Applicant): WV Department of Transportation, Division of Highways-Engineering Division 1334 Smith Street, Charleston, WV 25301

 

SCOPE OFCERTIFICATION: Pursuant to Section 401 of the Federal Clean Water Act, the State may, either certify, certify with conditions, deny or waive certification that the proposed activity will comply with Sections 301, 302, 303, 306 and 307 of  the Federal Clean Water Act and other appropriate requirements of State law. When issuing certification, the WV DEP may consider the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wet lands and other natural resources under its jurisdiction.

Procedural and interpretive regulations governing the scope of the Department’s certification, public comment, hearings and appeals are in Title 47, Series 5A.

 

DESCRIPTION OFTHE ACTIVITY: On February 15th, 2019 the United States Army Corps of Engineers (Corps) issued a Public Notice for a proposed Regional General Permit (RGP) to the West Virginia Department of Transportation (WVDOT).

The purpose of the RGP is to expedite the review of requests from the WVDOT to perform projects in waters under the jurisdiction of the Corps.  The proposed RGP would authorize certain activities in waters of the U.S. including work, structures, and filling (both temporary and permanent) associated with linear transportation projects and the maintenance of existing transportation infrastructure conducted by the WVDOT in the State of West Virginia.  Categories of activities authorized under the RGP would include (A) certain linear transportation projects, (B) certain maintenance projects, and (C) certain bank stabilization activities.

 

The RGP would apply to all aquatic resources under the jurisdiction of the Corps within the State of West Virginia, except those excluded under conditions of the RGP or conditions imposed by the 401 Water Quality Certification.  Once certified, the RGP would be effective for 5 years. Under the RGP, some activities would not require submission of site-specific notification to the WVDEP in advance, provided the work was performed in accordance with the terms and conditions of the RGP.

 

PROJECT LOCATION: Statewide

 

INFORMATION AVAILABLE:  The WVDOT RGP is available for inspection between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, at the following location:

 

WV Department of Environmental Protection

Division of Water and Waste Management

401 Certification Program

601 57th Street SE

Charleston,West Virginia 25304

 

COMMENTS: Comments and information relating to Section 401 Water Quality Certification for this activity are here by solicited.   Such information on the activity’s impact will be considered if postmarked prior to the expiration date of this notice.   The need for a public hearing will be determined based on an evaluation of specific request for such hearing.   All comments and information should be mailed to:

 

WV Department of Environmental Protection

Division of Water and Waste Management

401 Certification Program

601 57th Street SE

Charleston,West Virginia 25304

 

Comments and information postmarked later than the expiration date may not be considered.

Qualified publication starting week of April 22, 2019