PUBLIC NOTICE
Publication Date: May 9, 2020
Expiration Date: June 9, 2020
TO WHOM IT MAY CONCERN:
State Water Quality Certification, as required by Section 401 of the Clean Water Act, and a West Virginia
State Waters Permit, as required by W. Va. Code 22-11-8(b)(3) have been requested from the West
Virginia Department of Environmental Protection (WVDEP) for:
Beaver to S. Eisenhower Dr
__________________________________________________________________________________
(Name of Project)
WV Division of Highways, 1334 Smith St., Charleston, WV 25301-1492
__________________________________________________________________________________
(Name and address of Applicant)
SCOPE OF CERTIFICATION: 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 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. Procedural and interpretive regulations governing the scope of the Department’s certification, public comment, hearings and appeals are in Title 47, Series 5A.
SCOPE OF PERMIT: The West Virginia Water Pollution Control Act requires a permit for activities that may cause an alteration to the physical or biological integrity of the waters of the State. The WVDEP West Virginia State Waters Permit is authorized by W. Va. Code 22-11-8(b)(3). WVDEP follows the existing West Virginia Legislative Rule 47CSR5A which pertains to jurisdictional waters for the purpose of outlining this application process and compensatory mitigation guidelines.
DESCRIPTION OF THE ACTIVITY:
Project involves the construction of a 1.91 mile segment of the Beckley Z-Way from Beaver to the I-64 Exit 124 Interchange to help alleviate congestion in the Beaver Area in Raleigh County. Stream and wetland impacts total 2,801 LF and 0.714 acre, respectively. Impacted streams include Little Beaver Creek and Unnamed Tributaries to Little Beaver Creek to Piney Creek. Isolated wetland impacts total 0.035 acre.
Any other State issued permit numbers, if applicable and available:
PROJECT LOCATION:
INFORMATION AVAILABLE: The Water Quality Certification and West Virginia State Waters Permit applications are 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 and the West Virginia State Waters Permit for this activity are hereby 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. Comments and information can be emailed to: [email protected]
All electronically-received comments will be considered if received prior to the expiration date of this notice.
Comments and information can 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
All mailed comments and information on the activity’s impact will be considered if postmarked prior to the expiration date of this notice. Comments and information postmarked later than the expiration date may not be considered.
ID: 391171