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Public Notice NATIONWIDE PERMITS FOR THE STATE OF WEST VIRGINIA Public Notice U S Army Corps In reply refer to Public Notice No. Issuance Date: May 15, 2017 of Engineers LRH-2016-00006-WV Huntington District Stream: Closing Date: March 18, 2022 Pittsburgh District N/A Please address all comments and inquiries to: U.S. Army Corps of Engineers, Huntington District ATTN: CELRH-RD-S 502 8th Street Huntington, WV 25701-2070 Phone: (304) 399-5710 CORPS OF ENGINEERS REGULATORY PROGRAM REISSUANCE AND ISSUANCE OF NATIONWIDE PERMITS WITH WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION 401 WATER QUALITY CERTIFICATION On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published in the Federal Register (82 FR 1860) the final rule for the administration of its nationwide permit (NWP) program regulations under the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and the Marine Protection, Research and Sanctuaries Act. The rule became effective on March 19, 2017. These NWPs will expire on March 18, 2022. An integral part of the Corps’ regulatory program is the concept of NWPs for minor activities. NWPs are activity specific and are designed to relieve some of the administrative burdens associated with permit processing for both the applicant and the Federal government. The NWPs are issued by the Chief of Engineers and are intended to apply throughout the entire U.S. and its territories. The Corps Districts representing West Virginia have imposed regional conditions on the NWPs that are applicable throughout the entire state. For convenience, all NWPs with the appropriate regional, general, and special conditions are attached. The NWPs are not valid until the appropriate state agency certifies the discharge does not violate state water quality standards. The West Virginia Department of Environmental Protection (WVDEP) granted water quality certification and imposed general conditions on NWP nos. 1, 2, 4, 8, 10, 11, 16, 22, 24, 25, 27, 28, 30, 34, 35, 41, 42, 44, 46, and 53, and general and specific conditions on NWP nos. 3, 5, 6, 7, 9, 12, 13, 14, 15, 17, 18, 19, 20, 21, , 29, 31, , 33, 36, 37, 38, 39, 40, 43, 45, 48, 49, 50, and 51. The WVDEP denied water quality certification for NWP 23 - Approved Categorical Exclusions, NWP 32 – Completed Enforcement Actions, NWP 52-Water-Based Renewable Energy Generation Pilot Projects (revoked for use in West Virginia) and NWP 54-Living Shorelines (revoked for use in West Virginia). Discharges that are NOT included in WVDEP’s certification of the NWPs must obtain either individual water quality certification or a 1 waiver from: West Virginia Department of Environmental Protection Division of Water and Waste Management 601 57th Street SE Charleston, WV 25304 Telephone Number: (304) 926-0495 Some NWP activities may proceed without notifying the Corps, as long as those activities comply with all applicable terms and conditions of the NWPs, including regional conditions imposed by division engineers. A non-reporting NWP may become a reporting NWP (requires the submittal of a Pre-Construction Notification [PCN] to the Corps in accordance with NWP General Condition 32) if the activity has the potential to affect a historic property (See NWP General Condition 20), federally-listed endangered or threatened species or their habitat (See NWP General Condition 18 and Regional General Condition 2), waters of special concern (Regional General Conditions 3 and 4), National Wild and Scenic Rivers (See NWP General Condition 16). Applicants must review the water quality certification general and NWP- specific terms and conditions and submit an application to the WVDEP, at the address provided above, when an individual 401 Water Quality Certification or prior notification to WVDEP is required. Many of the proposed NWPs require advance notification (PCN) to the district engineer before commencing those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects. The notification must be made in writing as early as possible prior to commencing the proposed activity. The notification procedures are located under NWP General Condition. The notification to the Corps can be made concurrently with the request for individual state water quality certification, if required. The district engineer may require an individual permit for any activity determined to have more than minimal adverse environmental effects, individually or cumulatively, on the aquatic environment or would be contrary to the public interest. The NWPs provide a simplified, expeditious means of project authorization under the various authorities of the Corps. We encourage prospective permit applicants to consider the advantages of NWP authorization during the preliminary design of their projects. Assistance and further information regarding all aspects of the Corps regulatory program may be obtained by contacting: HUNTINGTON DISTRICT Address: U.S. Army Corps of Engineers, Huntington District 502 Eighth Street Huntington, West Virginia 25701-2070 Phone: (304) 399-5210 PITTSBURGH DISTRICT Address: U.S. Army Corps of Engineers, Pittsburgh District William S. Moorhead Federal Building 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222-4186 Phone: (412) 395-7155 2 Below is a map showing the district boundaries for the State of West Virginia. Navigable Limits of Major Section 10 Streams in West Virginia Huntington District Pittsburgh District 1. Ohio River………..Total Length in State 1. Ohio River………………Total Length in State 2. Kanawha River……………Total Length 12. Monongahela River…….Total Length in State 3. New River………...Total Length in State 13. Tygart River……………….…………..7 Miles 4. Big Sandy River…….…….Total Length 14. West Fork………………….…………74 Miles 5. Tug Fork…………….…………58 Miles 15. Shenandoah River……….Total Length in State 6. Elk River……………………..139 Miles 16. Potomac River……….….Total Length in State 7. Gauley River…………………..75 Miles 8. Guyandot River………………122 Miles 9. Little Kanawha River……..130.75 Miles 10. Greenbrier River………….150.50 Miles 11. Coal River………………….57.90 Miles Note: The Huntington District processes all highway projects where the West Virginia Department of Transportation is the applicant. A. Special Note 3 B. Regional General Conditions (apply to all Nationwide Permits) 1. Bogs and/or Fens 2. Diverting Water from Great Lakes 3. Littoral Transport within Lake Erie 4. In-Water Exclusion Dates 5. Waters of Special Condition a. Endangered Species and Threatened Species b. Critical Resource Waters c. Oak Openings 6. Pre-Construction Notification (PCN) submittals a. Illustrations/Drawings b. United States Fish and Wildlife c. Cultural Resources d. National Wild and Scenic Rivers e. Agency Coordination C. Nationwide Permits Terms and Specific Regional Conditions 1. Aids to Navigation 2. Structures in Artificial Canals 3. Maintenance 4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities 5. Scientific Measurement Devices 6. Survey Activities 7. Outfall Structures and Associated Intake Structures 8. Oil and Gas Structures on the Outer Continental Shelf 9. Structures in Fleeting and Anchorage Areas 10. Mooring Buoys 11. Temporary Recreational Structures 12. Utility Line Activities 13. Bank Stabilization 14. Linear Transportation Projects 15. U.S. Coast Guard Approved Bridges 16. Return Water From Upland Contained Disposal Areas 17. Hydropower Projects 18. Minor Discharges 19. Minor Dredging 20. Response Operations for Oil or Hazardous Substances 21. Surface Coal Mining Activities 22. Removal of Vessels 23. Approved Categorical Exclusions 24. Indian Tribe or State Administered Section 404 Programs 25. Structural Discharges 26. [Reserved] 27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities 28. Modifications of Existing Marinas 29. Residential Developments 30. Moist Soil Management for Wildlife 31. Maintenance of Existing Flood Control Facilities 32. Completed Enforcement Actions 4 33. Temporary Construction, Access, and Dewatering 34. Cranberry Production Activities 35. Maintenance Dredging of Existing Basins 36. Boat Ramps 37. Emergency Watershed Protection and Rehabilitation 38. Cleanup of Hazardous and Toxic Waste 39. Commercial and Institutional Developments 40. Agricultural Activities 41. Reshaping Existing Drainage Ditches 42. Recreational Facilities 43. Stormwater Management Facilities 44. Mining Activities 45. Repair of Uplands Damaged by Discrete Events 46. Discharges in Ditches 47. [Reserved] 48. Commercial Shellfish Aquaculture Activities 49. Coal Remining Activities 50. Underground Coal Mining Activities 51. Land-Based Renewable Energy Generation Facilities 52. Water-Based Renewable Energy Generation Pilot Projects 53. Removal of Low-Head Dams 54. Living Shorelines D. Nationwide Permit General Conditions 1. Navigation 2. Aquatic Life Movements 3. Spawning Areas 4. Migratory Bird Breeding Areas 5. Shellfish Beds 6. Suitable Material 7. Water Supply Intakes 8. Adverse Effects from Impoundments 9. Management of Water Flows 10. Fills Within 100-Year Floodplains 11. Equipment 12. Soil Erosion and Sediment Controls 13. Removal of Temporary Fills 14. Proper Maintenance 15. Single and Complete Project 16. Wild and Scenic Rivers 17. Tribal Rights 18. Endangered Species 19. Migratory Bird and Bald and Golden Eagle Permits 20. Historic Properties 21. Discovery of Previously Unknown Remains and Artifacts 22. Designated Critical Resource Waters 23. Mitigation 24. Safety of Impoundment Structures 25. Water
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