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

General Notice
NOTICE OF INTENT TO PROVIDE SECTION 401 WATER QUALITY CERTIFICATION OF NORFOLK DISTRICT ARMY CORPS OF ENGINEERS REGIONAL PERMITS 15, 17, 18,19, 22 AND 40 and LOP-1 and 2
Date Posted: 9/7/2003
Expiration Date: 10/8/2003
Submitted to Registrar for publication: NO
No comment forum defined for this notice.

Pursuant to Virginia Water Protection Permit Regulation 9 VAC 25-210-130H, the State Water Control Board (Board) is giving notice of its intent to provide Section 401 Water Quality Certification for activities authorized by the above referenced U.S. Army Corps of Engineers (USACE) Norfolk District Regional Permits and Letters of Permission after considering public comment for a 30-day period starting September 8, 2003 . On June 30, 2003 the U.S. Army Corps of Engineers (USACE) Norfolk District published a notice of their proposed reissuance and modification of several Norfolk District Regional Permits and Letters of Permission. The following Regional Permits and Letters of Permission were reissued on August 14, 2003 with an expiration date of August 14, 2008: RP-15, RP-17, RP-18, RP-19, RP-22, RP-40, LOP-1 and -2, found at http://www.nao.usace.army.mil/Regulatory/PN/RPandLOP2003/RPPNproposedchanges.htm>

The Board can only issue final Section 401 Certification of a nationwide or regional USACE permit if the permit meets the requirements of the VWP regulation and after advertising and accepting public comment for 30 days on its intent to provide certification.

The State Water Control Board will issue its final §401 Water Quality Certification for activities authorized by the above referenced U.S. Army Corps of Engineers (USACE) Norfolk District permits at the end of the 30 day comment period and after any comments received are considered. The details of the Board's preliminary decision are available attached to this notice or on the Department of Environmental Quality web site at http://www.deq.state.va.us or by calling or emailing Ellen Gilinsky, Virginia Water Protection Permit Program Manager. Written comments, including those by email, must be received no later than 4:00 p.m. on October 8, 2003 and should be submitted to Ellen Gilinsky 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: Ellen Gilinsky, VWPP Program Manager, Office of Water Permit Programs - Department of Environmental Quality, P. O. Box 10009, Richmond, Virginia 23240, Phone (804) 698-4375, Fax (804) 698-4347, or E-mail egilinsky@deq.state.va.us.

The Department of Environmental Quality is also soliciting public comments on the consistency of the issuance of these permits with Virginia's Coastal Resources Management Program (VCP) pursuant to the federal Coastal Zone Management Act of 1972, as amended. Water Quality Certification pursuant to Section 401 of the federal Clean Water Act is one of the Enforceable Programs of the VCP. The deadline for public comments on the Coastal Zone consistency notice is October 8, 2003. For more information, contact Anne Newsom at (804) 698-4135, e-mail address: abnewsom@deq.state.va.us or Ellie Irons at (804)698-4325, e-mail elirons@deq.state.va.us

 

 

STATE WATER CONTROL BOARD

PRELIMINARY DECISION ON SECTION 401 WATER QUALITY CERTIFICATION OF NORFOLK DISTRICT ARMY CORPS OF ENGINEERS REGIONAL PERMITS 15, 17, 18,19, 22 AND 40 and LOP-1 and 2.

September 8, 2003

On June 30, 2003 the U.S. Army Corps of Engineers (USACE) Norfolk District published a notice of their proposed reissuance and modification of several Norfolk District Regional Permits and Letters of Permission. The following Regional Permits and Letters of Permission were reissued on August 14, 2003 with an expiration date of August 14, 2008: RP-15, RP-17, RP-18, RP-19, RP-22, RP-40, LOP-1 and LOP-2.

The State Water Control Board tentatively provides unconditional §401 Water Quality Certification for the following Norfolk District Regional Permits as meeting the requirements of the Virginia Water Protection Permit Regulation, which serves as the Commonwealth's §401 Water Quality Certification:

RP-15: Maintenance of Existing Drainage Ditches and Mosquito Control Ditches

RP-17: Private Open -Pile Piers, Mooring Piles, Certain Covered Boathouses and Devices Associated with Shellfish Gardening

RP-18: Private Piers not covered by RP-17, but with minimal individual and cumulative navigational and environmental impacts

RP-19: Certain Activities covered by VMRC and/or Local Wetland Boards

RP-22: Installation of certain structures in Lake Gaston

The State Water Control Board tentatively provides conditional §401 Water Quality Certification for the following Norfolk District Regional Permit:

RP-40: Maintenance dredging and/or excavation of non-tidal waters for sediment and debris removal associated with flooding and/or erosion; except for activities that result in the dredging of more than 5,000 cubic yards of material, which will require either a Virginia Water Protection General or Individual Permit.

With regard to the LOP-1 for certain Virginia Department of Transportation activities and the LOP-2 for certain navigationally-related recreational and commercial dredging projects, the State Water Control Board will continue to process applications for individual §401 Certification through a Virginia Water Protection General or Individual Permit pursuant to 9VAC 25-210-10 et seq., with the following exception as noted in 9VAC25-210-220B:

"The board may waive the requirement for a VWP individual permit when the proposed activity qualifies for a permit issued by the USACE and receives a permit from the VMRC, pursuant to Chapter 12(Section 28.2-1200 et seq.) or Chapter 13(Section 28.2-1200 et seq.) of Title 28.2 of the Code of Virginia, and the activity does not impact instream flows."

Pursuant to our Virginia Water Protection Permit Regulation 9VAC 25-210-130H, the State Water Control Board can only issue final §401 Certification of a nationwide or regional USACE permit if the permit meets the requirements of the VWP regulation and after advertising and accepting public comment for 30 days on its intent to provide certification. The State Water Control Board will issue its final §401 Water Quality Certification for the above referenced Regional Permits authorized by the Norfolk District U.S. Army Corps of Engineers (USACE) at the end of that period and after any comments received are considered.


Contact Information
Name / Title: Ellen Gilinsky 
Address: P.O. Box 10009
Richmond, 23240
Email Address: egilinsky@deq.state.va.us
Telephone: (804)698-4375    FAX: (804)698-4032