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  Water Quality Certification of Norfolk District Army Corps of Engineers 2017 Na

Virginia Regulatory Town Hall New Page 1
Department of Environmental Quality
Board
State Water Control Board
email
General Notice
General Notice - Notice of Intent Regarding Section 401 Water Quality Certification of Norfolk District Army Corps of Engineers 2017 Nationwide Permits
Date Posted: 2/15/2017
Expiration Date: 3/17/2017
Submitted to Registrar for publication: YES
No comment forum defined for this notice.

Pursuant to Virginia Water Protection (VWP) Permit Regulation 9 VAC 25-210-130 H, the Department of Environmental Quality (DEQ), under the authority of the State Water Control Board (Board), is giving notice of its intent to provide Section 401 Water Quality Certification, as detailed in this notice, for activities authorized by the U.S. Army Corps of Engineers (USACE) Norfolk District Regional 2017 Nationwide Permits (NWPs) listed in this notice, after considering public comment for a 30-day period starting February 15, 2017.

On January 6, 2017, the USACE Norfolk District published a notice in the Federal Register announcing the reissuance of all 50 existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The Corps also issued two new NWPs, one new general condition, and five new definitions. The 2017 NWPs will go into effect on March 19, 2017, and will expire on March 18, 2022.

DEQ, under the authority of the Board, may only issue final Section 401 Certification decisions on a Nationwide or Regional USACE permit if the permit meets the requirements of the VWP regulation, as well as having advertised and accepted public comment for 30 days on its intent to provide, deny, or condition the certification.  Therefore, DEQ will issue its final Section 401 Water Quality Certification decision on the NWPs at the end of the public comment process.

Written comments, including those by email, must be received no later than 11:59 p.m. on March 17, 2017, and should be submitted to Steven Hardwick at the address given below.  Only those comments received within this period will be considered by DEQ.  Written comments shall include the name, address, and telephone number of the writer, and shall contain a complete, concise statement of the factual basis for comments.

The details of the DEQ's preliminary decision are: 

Nationwide Permit

Tentative §401 Certification

(* indicates a change from existing certification)

Conditions (underline indicates a change)

NWP 1 – Aids to Navigation

Unconditional

 

NWP 2 – Structures in
Artificial Canals

Unconditional

 

NWP 3 – Maintenance

Conditional*

provided that: (1) the deviations from the original configuration or filled area do not change the character, scope, or size of the original design or DEQ-approved alternative design; (2) the discharge does not: a) include changes to water withdrawal structures, such as the maintenance of an intake, weir, or water diversion structure, that could increase the withdrawal; b) increase the capacity of an impoundment; or c) alter instream flows; (3) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

NWP 4 – Fish and Wildlife
Harvesting, Enhancement, and Attraction Devices and Activities

Unconditional

 

NWP 5 – Scientific
Measurement Devices

Unconditional

 

NWP 6 – Survey Activities

Unconditional

 

NWP 7 – Outfall Structures
and Associated Intake
Structures

Conditional

provided that: (1) the structure or maintenance is not associated with intake structures; (2) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

NWP 8 – Oil and Gas Structures on the Outer Continental Shelf

Unconditional

 

NWP 9 – Structures in
Fleeting and Anchorage
Areas

Unconditional

 

NWP 10 – Mooring Buoys

Unconditional

 

NWP 11 – Temporary
Recreational Structures

Unconditional

 

NWP 12 – Utility Line
Activities

Conditional

provided that: (1) the activities are not associated with a surface water withdrawal or the transport of non-potable raw surface water, except for the purpose of hydrostatic testing and when the associated discharges are authorized by a VPDES permit, if required; (2) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia; (3) temporary diversions of surface water associated with “pump arounds” during the construction of utility crossings are specifically allowed.

NWP 13 – Bank Stabilization

Conditional*

provided that: (1) the stabilization activities do not permanently impact more than 1,500 linear feet of any type of nontidal stream bed, regardless of any waiver decision made by the USACE; (2) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

NWP 14 – Linear
Transportation Projects

Conditional

(1) unless otherwise covered under of the Norfolk District State Program General Permit SPGP-01, or other subsequent SPGPs; (2) provided that any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

NWP 15 – U.S. Coast Guard
Approved Bridges

Unconditional

 

NWP 16 – Return Water
From Upland Contained
Disposal Areas

Conditional

provided that: (1) the associated dredging does not otherwise require issuance of an a Virginia Water Protection Individual permit or General Virginia Water Protection Permit permit coverage from VDEQ; (2) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C.

NWP 17 – Hydropower
Projects

Denied

 

NWP 18 – Minor Discharges

Conditional

provided that: (1) the discharge does not include water withdrawals, such as the construction of an intake structure, weir, or water diversion structure, or other structure transporting non-potable raw surface water; (2) a Virginia Pollutant Discharge Elimination System (VPDES) permit is obtained prior to the placement of any alternative septic system discharging into Virginia Department of Health (VDH) designated shellfish waters; (3) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

NWP 19 – Minor Dredging

Conditional

provided that: (1) the dredging is not used to create a deep space for water withdrawal; (2) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

NWP 20 – Response
Operations for Oil or
Hazardous Substances

Unconditional

 

NWP 21 – Surface Coal
Mining Activities

Conditional

(1) unless otherwise covered under of the Norfolk District State Program General Permit SPGP-01, or other subsequent SPGPs; (2) provided that any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C.

NWP 22 – Removal of
Vessels

Unconditional

 

NWP 23 – Approved
Categorical Exclusions

Conditional*

provided that: (1) the discharge does not include water withdrawals, such as the construction of an intake structure, weir, or water diversion structure; (2) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

NWP 24 – Indian Tribe or
State Administered Section
404 Program

Not Applicable in VA

 

NWP 25 – Structural
Discharges

Conditional

provided that: (1) the discharge does not include structures such as pilings to construct a platform to mount a pump for water withdrawals; (2) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

NWP 27 – Aquatic Habitat Restoration, Enhancement, and Establishment Activities

Conditional

provided that: (1) when used to permit a wetland or stream mitigation bank or in-lieu fee mitigation site, compensation for any surface water impacts shall be debited from the bank or in-lieu fee credits; (2) natural stream channel design shall be used for stream restoration projects; (3) monitoring for performance of these sites shall be conducted including submittal of as-built plans, surveys, and photographs and reports submitted at the as-built and post-construction monitoring years, at a frequency and duration adequate to observe performance according to project objectives.  If there is no monitoring schedule otherwise specified, then an as-built and a minimum of five years of post-construction monitoring will be required.  The as-built report may include final grade topographic surveys (plan, profile, and cross sections, as appropriate), final location of all planted riparian buffer vegetation (as appropriate), site photographs, and a discussion of project design versus as-built conditions.  Each post-construction monitoring report may include comparison of as-built to monitoring year surveys and (plan, profile, and cross sections, as appropriate), vegetation surveys (as appropriate), site photographs, and a discussion of project performance; (4) Dam removal for those dams meeting the following limits:  a) less than 25 feet in height with a maximum impoundment capacity of less than 15 acre-feet or b) lesss than six feet in height with a maximum impounding capacity less than 50 acre-feet, or c) dams operated primarily for agricultural purposes which are less than 25 feet in height or which create a maximum impoundment capacity smaller than 100 acre-feet.  temporary diversions of surface water associated with “pump arounds” during the construction of stream or wetland restoration and/or creation areas are specifically allowed; (5) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C.

NWP 28 – Modifications of
Existing Marinas

Unconditional

 

NWP 29 – Residential
Developments

Conditional

(1) unless otherwise covered under of the Norfolk District State Program General Permit SPGP-01, or other subsequent SPGPs; (2) provided that any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

NWP 30 – Moist Soil
Management for Wildlife

Unconditional

 

NWP 31 – Maintenance of Existing Flood Control Facilities

Unconditional

 

NWP 32 – Completed
Enforcement Actions

Conditional

provided that: (1) the impact does not exceed 2 acres of wetlands or 1,500 linear feet of stream bed and only past unauthorized impacts are addressed; (2) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304, single family dwellings or locality projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.

NWP 33 – Temporary
Construction, Access, and
Dewatering

Unconditional

 

NWP 34 – Cranberry
Production Activities

Unconditional

 

NWP 35 – Maintenance
Dredging of Existing Basins

Unconditional

 

NWP 36 – Boat Ramps

Unconditional

 

NWP 37 – Emergency
Watershed Protection and
Rehabilitation

Unconditional

 

NWP 38 – Cleanup of
Hazardous and Toxic Waste

Unconditional

 

NWP 39 – Commercial and
Institutional Developments

Suspended for use in VA

 

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Associated Topics

Civil  RightsCommon Law Virginia Virginia General Assembly UpdatesVirginia Regulatory Town Hall





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