Legal 2×9”
0809
PUBLIC NOTICE
State Water Quality Certification, as required by Section 401 of the Clean Water Act (CWA), is being revised by the West Virginia Department of Environmental
Protection (WVDEP) for:
U.S. Army Corps of Engineers, Federal Register Vol. 82 No. 4, pg. 1860-2008, announcing new Section 404 Nationwide Permits for West Virginia
Department of the Army, Huntington District, Corps of
Engineers, 502 Eighth Street; Huntington, WV 25701-2070
SCOPE OF CERTIFICATION: Pursuant to Section 401 of the CWA, the State may either certify, certify with conditions, deny, or waive certification that the proposed activity will comply with 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. Rules regarding West Virginia’s 401 Water Quality Certification are contained within 47 CSR 5A.
DESCRIPTION OF THE ACTIVITY: On April 13, 2017 WVDEP issued a 401 Water Quality Certification for the U.S. Army Corps of Engineers’ (USACE) Nationwide Permits (NWPs), which specified certain standard and special conditions to allow the NWPs to be consistent with the State’s water quality standards to authorize the discharge of dredged or fill materials into waters of the State. With this notice, WVDEP is modifying this certification and requesting public comment. The modifications being made are as follows: Standard Condition 2 is being modified to clarify the requirement for compensatory mitigation for cumulative permanent stream impacts greater than 300 linear feet, including the total of all permanent impacts from separate and complete crossings. Standard Condition 22 is being added to allow the waiver of any condition where the applicant provides proof that it will use a method that is more environmentally protective than the condition allows. Finally, Nationwide Permit 12 Special Conditions A and Care being amended to allow the waiver Special Condition A, and to clarify in Special Condition C that environmentally-protective methods that require longer than 72 hours may be permitted, and that Section 10 rivers are exempt from the 72-hour requirement.
PROJECT LOCATION: Nationwide permits are available for use statewide.
INFORMATION AVAILABLE: To view the proposed WQC special and standard conditions, please visit: https:// dep.wv.gov/WWE/Programs/Pages/401Certification.aspx
COMMENTS: Any interested person may submit written comments on the Nationwide Permits WQC special and standard conditions by addressing such to Nancy Dickson of the 401 Water Quality Certification Program during the comment period, which begins with this notice and ends on September 6, 2018. Comments or requests should be emailed to: [email protected] or by mail addressed to:
401 Water Quality
Certification Program
ATTN: Nancy Dickson
601 57th Street SE
Charleston, WV 25304-2345