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 |
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 |
Unconditional |
|
NWP 5 – Scientific |
Unconditional |
|
NWP 6 – Survey Activities |
Unconditional |
|
NWP 7 – Outfall 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 |
Unconditional |
|
NWP 10 – Mooring Buoys |
Unconditional |
|
NWP 11 – Temporary |
Unconditional |
|
NWP 12 – Utility Line |
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 |
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 |
Unconditional |
|
NWP 16 – Return Water |
Conditional |
provided that: (1) the associated dredging does not otherwise require issuance of |
NWP 17 – Hydropower |
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, |
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 |
Unconditional |
|
NWP 21 – Surface Coal |
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 |
Unconditional |
|
NWP 23 – Approved |
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 |
Not Applicable in VA |
|
NWP 25 – Structural |
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 |
NWP 28 – Modifications of |
Unconditional |
|
NWP 29 – Residential |
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 |
Unconditional |
|
NWP 31 – Maintenance of Existing Flood Control Facilities |
Unconditional |
|
NWP 32 – Completed |
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 |
Unconditional |
|
NWP 34 – Cranberry |
Unconditional |
|
NWP 35 – Maintenance |
Unconditional |
|
NWP 36 – Boat Ramps |
Unconditional |
|
NWP 37 – Emergency |
Unconditional |
|
NWP 38 – Cleanup of |
Unconditional |
|
NWP 39 – Commercial and |
Suspended for use in VA |
|
NWP 40 – Agricultural |
Conditional |
(1) except for the location of concentrated animal feeding operations or waste storage facilities in surface waters; (2) except for activities associated with intake structures or impoundments in surface waters; (3) provided that any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C. |
NWP 41 – Reshaping |
Conditional |
provided that: (1) the impact does not exceed 2 acres of wetlands or 1,500 linear feet of stream bed; (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 42 – Recreational |
Conditional |
provided that: (1) the facility does not include an impoundment for irrigation; (2) compensation is required for wetland |
NWP 43 – Stormwater |
Conditional |
provided that: (1) the facility is not associated with a 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 44 – Mining Activities |
Conditional |
provided that: (1) the activity is not for hydraulic dredging; (2) any compensatory mitigation meets the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C. |
NWP 45 – Repair of Uplands |
Unconditional |
|
NWP 46 – Discharges in |
Unconditional |
|
NWP 48 – Existing |
Conditional |
provided that: (1) the activity complies with the conditions of any Virginia Pollutant Discharge Elimination System (VPDES) permit issued for the facility |
NWP 49 – Coal Remining |
Unconditional |
|
NWP 50 – Underground Coal |
Unconditional |
|
NWP 51 – Land-Based Renewable Energy Generation Facilities |
Conditional |
provided that: (1) the discharge does not include water withdrawals, such as the construction of an intake structure, weir, |
NWP 52 – Water-Based |
Conditional |
provided that: (1) the discharge does not include water withdrawals, such as the construction of an intake structure, weir, |
NWP 53 – Removal of Low- Head Dams |
Unconditional |
|
NWP 54 – Living Shorelines |
Unconditional |
Name / Title: | Steven Hardwick |
Address: |
629 East Main Street P.O. Box 1105 Richmond, 23218 |
Email Address: | steven.hardwick@deq.virginia.gov |
Telephone: | (804)698-4168 FAX: ()- TDD: ()- |