Pursuant to Virginia Water Protection Permit Regulation 9 VAC 25-210-130 H, 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 July 10, 2008.
On April 1, 2008 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/technical%20services/Regulatory%20branch/PN/RPandLOP2008/RPandLOP2008.htm
The State Water Control Board hereby proposes 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 Certain Ditches
RP-17: Private Piers and Mooring Piles
RP-18: Private Piers not covered by RP-17
RP-19: Certain Activities covered by VMRC and/or Local Wetland Boards
RP-22: Installation of Certain Structures in LakeGaston
RP-40: Minor Maintenance Dredging in Non-tidal Waters
LOP-2: Letter of Permission for Certain Navigationally-related Recreational and Commercial Dredging Projects
With regard to the LOP-1 Letter of Permission for Virginia Department of Transportation projects, the State Water Control Board proposes to 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 9VAC25-210-220 B:
"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."
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.
DEQ’s Office of Environmental Impact Review posted a public notice regarding the proposed Corps permit revisions. No comments were received by the June 17, 2008 deadline that resulted in a change to the proposed Section 401 Certification detailed in this notice.
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. Written comments, including those by email, must be received no later than 5:00 p.m. on August 11, 2008 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.