Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
State Water Control Board

General Notice
General Notice - State Water Control Board's Notice of Intent, Section 401 Water Quality Certifications of Certain Norfolk District U.S. Army Corps of Engineers Regional Permits and Regional Conditions
Date Posted: 7/13/2018
Expiration Date: 8/15/2018
Submitted to Registrar for publication: NO
No comment forum defined for this notice.

NOTE:  2 minor edits made to text:  1. 1st sentence of second paragraph after "proposed" insert "issuance" and 2. in table under 18-RP-11 after "18-RP-11" insert "(new)" and delete "8".

Pursuant to Virginia Water Protection (VWP) Permit Regulation 9 VAC 25-210-130 H, the State Water Control Board (Board) is giving notice of its intent to provide, provide with conditions, or deny Section 401 Water Quality Certification, as described herein, for activities authorized by the Norfolk District - U.S. Army Corps of Engineers (USACE) Regional Permits 18-RP-01, 18-RP-02, 18-RP-11, 18-RP-15, 18-RP-17 (including checklist), 18-RP-18, 19-RP-19, and 18-RP-22, after considering public comment for a 30-day period starting July 16, 2018.

 

On February 26 and May 17, 2018, the USACE published notices of their proposed issuance, reissuance and modification of the Norfolk District Regional Permits referenced herein and several special and general conditions contained in these Regional Permits. Links to the USACE web pages follow:

http://www.nao.usace.army.mil/Media/Public-Notices/Article/1523672/cenao-wrr/

http://www.nao.usace.army.mil/Media/Public-Notices/Article/1450167/cenao-wrr/

 

The State Water Control Board proposes the §401 Water Quality Certification actions detailed in the table below.  Additionally, the State Water Control Board proposes to certify all special and general conditions, as noticed by the USACE.

 

The Board may only issue final Section 401 Certification decisions of 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 certification.  Therefore, the State Water Control Board will issue its final Section 401 Water Quality Certification decision on these Regional Permits and conditions at the end of the public comment process.   

 

Written comments, including those by email, must be received no later than August 15, 2018, and should be submitted to David L. Davis at the address given below.  Only those comments received within this period will be considered by the Board.  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.  CONTACT PERSON: For additional information, contact: David L. Davis, Director, Office of Wetlands & Stream Protection - Department of Environmental Quality, P. O. Box 1105, Richmond, Virginia 23218, Phone (804) 698-4105, or e-mail dave.davis@deq.virginia.gov.

____________________________________________________________________________

 

§401 Water Quality Certification Actions Table

 

Regional Permit and

Tentative §401 Certification (* indicates a change from existing certification)

Conditions

18-RP-01

Denied

Certain Virginia Department of Transportation (VDOT) roadway and railway projects in waters of the United States, within the geographical limits of the Commonwealth of Virginia under the regulatory jurisdiction of the Norfolk District Army Corps of Engineers (Corps)

 

18-RP-02

Unconditional

1 (Maintenance Dredging for Previously Authorized Projects)

 

18-RP-02

*Conditional

2 (New Dredging in Navigable Waters)

3 (Navigationally-Related Dredging/Excavation of Non-tidal Waters Not Subject to the Exemption Under Section 404(f)(1)(c))

(1) Dredging shall not be used to create a deep space for water withdrawal.

(2) Any compensatory mitigation shall meet 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.

18-RP-11 (new)

Conditional

Certain Virginia Department of Transportation (VDOT) roadway and railway projects that qualify for the conditions and thresholds of a Nationwide Permit (NWP) but require a Pre-Construction Notification (PCN) in accordance with General Condition 18(c)

VDOT shall copy DEQ-Office of Wetland and Stream Protection, Central Office, on all documentation meeting the requirements of Part IV Notification Requirements of the 18-RP-11.

18-RP-15

*Conditional

Maintenance of existing drainage ditches

Deviations from the original configuration or filled area shall not change the character, scope, or size of the original design or approved alternative design.

 

18-RP-17 and RP17 Certificate of Compliance Form

*Conditional

Installation and/or construction of open-pile piers, mooring structures/devices, certain covered boathouses/boatslips, boatlifts, osprey poles/platforms, accessory pier structures, and devices associated with shellfish gardening, for private use.

(1) The discharge shall not include structures such as pilings to construct a platform to mount a pump for water withdrawals unless otherwise excluded from surface water withdrawal permitting per 9VAC-25-210-310.

(2) The impact(s) shall not exceed 2 acres of wetlands or 1, 500 linear feet of stream bed.

(3) Any compensatory mitigation shall meet 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.

(4) For water-based energy projects using similar structures, the discharge shall not include water withdrawals, such as the construction of an intake structure, weir, water diversion structure, or other structure transporting non-potable raw surface water.

18-RP-18

*Conditional

Installation and/or construction of open-pile piers, mooring structures/devices, fender piles, covered boathouses/boatslips, boatlifts, osprey pilings/platforms, accessory pier structures, and devices associated with shellfish gardening, for private, commercial, community, and government use.

(1) The discharge shall not include structures such as pilings to construct a platform to mount a pump for water withdrawals unless otherwise excluded from surface water withdrawal permitting per 9VAC-25-210-310.

(2) The impact(s) shall not exceed 2 acres of wetlands or 1, 500 linear feet of stream bed.

(3) Any compensatory mitigation shall meet 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.

(4) For water-based energy projects using similar structures, the discharge shall not include water withdrawals, such as the construction of an intake structure, weir, water diversion structure, or other structure transporting non-potable raw surface water.

18-RP-19

Unconditional

1 (Living Shoreline Group 1: Non-structural activities that provide substrate necessary to support wetland vegetation and/or beach nourishment) and

2 (Living Shoreline Group 2: Sill structures with tidal marsh and/or beach nourishment)

 

18-RP-19

Unconditional for activities conducted in tidal waters that are authorized by any applicable, required permits issued by the Virginia Marine Resources Commission

 

*Conditional for the following activities conducted in non-tidal surface waters of Virginia:

3 (Low breakwaters and associated sandy fill material)

4 (Bulkheads, riprap, and associated backfill and/or excavation, including bulkhead repair and/or replacement)

5 (Groins, jetties, spurs and/or baffles and associated sandy fill material)

(1) Stabilization activities shall not be placed for the purpose of a stream diversion.

(2) Stabilization activities shall not permanently impact more than 1,500 linear feet of any type of non-tidal stream bed.

(3) For maintenance of bulkhead structures, the discharge shall not increase the capacity of an impoundment or reduce the quantity of instream flows downstream.

(4) Any compensatory mitigation shall meet 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.

18-RP-19

*Conditional

6 (Aquaculture or mariculture activities)

 

(1) The activity shall comply with the conditions of any Virginia Pollutant Discharge Elimination System (VPDES) permit issued for the facility.

(2) The associated activities shall not include a surface water withdrawal or diversion unless otherwise excluded from surface water withdrawal permitting per 9VAC-25-210-310.

(3) Any compensatory mitigation shall meet 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.

18-RP-19

Unconditional for activities conducted in tidal waters that are authorized by any applicable, required permits issued by the Virginia Marine Resources Commission

 

*Conditional for the following activities conducted in non-tidal surface waters of Virginia:

7 (Boat ramps and accessory structures, including any fill or excavation for installation)

Construction of boat ramps in non-tidal waters that do not meet the following criteria require application to DEQ for consideration of a VWP permit: (a) The discharge into surface waters is 50 cubic yards or less of concrete, rock, crushed stone or gravel into forms, or in the form of pre-cast concrete planks or slabs, unless waived in writing by the Corps district engineer because the discharge will result in no more than minimal adverse environmental effects; (b) The boat ramp is 20 feet or less in width, unless waived in writing by the Corps district engineer because the discharge will result in no more than minimal adverse environmental effects; (c) The base material is crushed stone, gravel or other suitable material; (d) The excavation is limited to the area necessary for site preparation and all excavated material is removed to an area that has no surface waters; and, (e) No material is placed in special aquatic sites, including wetlands.

18-RP-22

*Conditional

1 (Construction of piers, boat docks, jetties, breakwaters structures, dolphins, boat ramps and boathouses using materials commonly acceptable for their construction such as unsinkable flotation materials, pressure treated lumber, pilings, and concrete)

2 (Construction and backfilling of bulkheads and placement of riprap or appropriate bioengineering technique along eroding shorelines for shoreline stabilization and erosion control)

(1) Stabilization activities shall not be placed for the purpose of a stream diversion or impounding flow in an intermittent or perennial water body.

(2) Activities shall not permanently impact more than 1,500 linear feet of any type of non-tidal stream bed or more than 1/10 of an acre non-tidal wetlands.

(3) Construction of boat ramps that do not meet the following criteria require application to DEQ for consideration of a VWP permit: (a) The discharge into surface waters is 50 cubic yards or less of concrete, rock, crushed stone or gravel into forms, or in the form of pre-cast concrete planks or slabs, unless waived in writing by the Corps district engineer because the discharge will result in no more than minimal adverse environmental effects; (b) The boat ramp is 20 feet or less in width, unless waived in writing by the Corps district engineer because the discharge will result in no more than minimal adverse environmental effects; (c) The base material is crushed stone, gravel or other suitable material; (d) The excavation is limited to the area necessary for site preparation and all excavated material is removed to an area that has no surface waters; and, (e) No material is placed in special aquatic sites, including wetlands.

(4) Deviations from the original configuration or filled area shall not change the character, scope, or size of the original design or approved alternative design.

(5) The discharge shall not include water withdrawals, such as the construction of an intake structure, weir, water diversion structure, or other structure transporting non-potable raw surface water.

(6) The discharge shall not include structures such as pilings to construct a platform to mount a pump for water withdrawals unless otherwise excluded from surface water withdrawal permitting per 9VAC-25-210-310.

(7) Any compensatory mitigation shall meet the requirements in the Code of Virginia, Section 62. 1-44. 15:23 A through C.

18-RP-22

*Conditional

3 (Excavation of boat slips and channels (channelward of the normal high pool elevation) for recreational boating, where excavated material is placed in high ground)

(1) The dredging shall not be used to create a deep space for water withdrawal.

(2) The discharge shall not increase the capacity of an impoundment or reduce the quantity of instream flows downstream.

(3) Any compensatory mitigation shall meet the requirements in the Code of Virginia, Section 62. 1-44. 15:23 A through C.

18-RP-22

*Conditional

4 (Installation of submerged and aerial power lines and utility lines where U. S. Coast Guard requirements for aerial lines are met and pre-project elevation contours are restored)

 

(1) The activities shall not be 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) Activities shall not permanently impact more than 1,500 linear feet of any type of non-tidal stream bed or more than 2 acres of non-tidal wetlands.

(3) Any compensatory mitigation shall meet the requirements in the Code of Virginia, Section 62. 1-44.15:23 A through C.

(4) Temporary diversions of surface water associated with "pump-arounds" during the construction of utility crossings are specifically allowed.

18-RP-22

*Conditional

5 (Maintenance of existing water intake and outfall structures provided all State and Federal required authorization have been obtained)

(1) Deviations from the original configuration or filled area shall not change the character, scope, or size of the original design or approved alternative design.

(2) The structure or maintenance shall not be associated with intake structures unless otherwise excluded from surface water withdrawal permitting per 9VAC-25-210-310.

(3) The discharge shall not increase the capacity of an impoundment or reduce the quantity of instream flows downstream.

(4) The Corps of Engineers shall provide DEQ an annual report of projects authorized by this Regional Permit that includes detailed information on physical changes to water withdrawal structures, such as the maintenance of an intake, dam, weir, or water diversion structure that are deviations from the original configuration, or are a change in the character, scope, or size of the original design, or where those deviations would otherwise reduce instream flows.

(5) Any compensatory mitigation shall meet the requirements in the Code of Virginia, Section 62. 1-44. 15:23 A through C.

 


Contact Information
Name / Title: David L. Davis 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, 23218
Email Address: dave.davis@deq.virginia.gov
Telephone: (804)698-4105    FAX: ()-    TDD: ()-