DEPARTMENT OF THE ARMY HUNTINGTON DISTRICT, CORPS OF ENGINEERS 502 EIGHTH STREET HUNTINGTON, WEST VIRGINIA 25701-2070 REPLY TO ATTENTION OF October 11,2018 Regulatory Division South/Transportation Branch LRH-2018-709-LKR-Turkey Run WVDOH, U311-33-17.30 College Street/Mineral Road I/S Improvements
Ms. Anna Vanderlaan West Virginia Division of Highways 1900 Kanawha Boulevard East Building Five Room 110 Charleston, West Virginia 25305
Dear Ms. Vanderlaan:
I refer to the letter and drawings received by this office on August 28, 2018 requesting a Department of the Army authorization to discharge dredged and/or fill material into Turkey Run in conjunction with a road improvement project. The proposed project is located within Turkey Run, along United State Route (US) 33, near Glenville, in Gilmer County, West Virginia. This project has been assigned the following file number: LRH-2018-709-LKR-Turkey Run. Please reference this file number on all future correspondence related to this project.
The United States Army Corps of Engineers' (Corps) authority to regulate waters of the United States is based on the definitions and limits of jurisdiction contained in 33 CFR 328 and 33 CFR 329. Section 404 of the Clean Water Act (Section 404) requires a DA permit be obtained prior to discharging dredged or fill material into waters of the United States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 (Section 10) requires a DA permit be obtained for any work in, on, over or under a navigable water.
The proposed project, as described in the submitted information, has been reviewed in accordance with Section 404 and Section 10. Based on your description of the proposed work, and other information available to us, it has been determined that this project will not involve activities subject to the requirements of Section 10. However, this project will include the discharge of dredged or fill material into Turkey Run and is subject to the requirements of Section 404.
Based on your description of the proposed work, and other information available to us, it has been determined this project will include the discharge of dredged and/or fill material into Turkey Run for a road improvement project along US 33. The proposed discharge of dredged and/or fill material within the project area is described in the enclosed Table 1. All temporary structures associated with the project would be removed after construction. The road improvement activity would occur during low flow conditions to the maximum extent possible.