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

General Notice
STATE WATER CONTROL BOARD NOTICE OF TENTATIVE SECTION 401 WATER QUALITY CERTIFICATION OF PROPOSED ARMY CORPS OF ENGINEERS REGIONAL PERMIT 22-RP-20 FOR DEVELOPMENT OF STATE OWNED AND OPERATED ARTIFICIAL FIN AND SHELLFISH REEFS
Date Posted: 12/2/2022
Expiration Date: 1/3/2023
Submitted to Registrar for publication: NO
No comment forum defined for this notice.

Summary: On August 15, 2022, the U.S. Army Corps of Engineers (Corps) Norfolk District published a notice of their proposed reissuance, without modifications, of the Norfolk District Regional Permit Regional Permit 22-RP-20 and its general conditions. The current 17-RP-20 expired on October 15, 2022.

 

Purpose of this notice: The Virginia Department of Environmental Quality (DEQ) is giving notice of its tentative Section 401 Water Quality Certification decision to UNCONDITIONALLY CERTIFY Section 401 Water Quality Certification for the Norfolk District Regional Permit 22-RP-20, as attached to this notice. This is not a change from our previous unconditional certification of this regional permit. This notice is requesting public comment beginning December 2, 2022.

 

How to comment: Comments shall include the full name, address and telephone number of the person commenting and be received by DEQ by 11:59 p.m. on January 3, 2023. Only those comments received within this period will be considered by DEQ. DEQ accepts written comments by the following methods: 1) hand-delivery to Virginia Department of Environmental Quality, Office of Wetlands & Stream Protection, 1111 East Main Street, Suite 1400, Richmond, Virginia 23219; 2) e-mail vwppublicnotices@deq.virginia.gov; 3) fax 804-698-4178; or 4) postal mail to Virginia Department of Environmental Quality, Office of Wetlands & Stream Protection, P.O. Box 1105, Richmond, Virginia 23218.

 

Contact person for technical issues with comment submittal: Dave Davis, Office of Wetlands & Stream Protection, Virginia Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia 23218 or phone 804-698-4105.

 

Section 401 Water Quality Certification of
22-RP-20 for Development of State Owned and Operated Artificial Fin and Shellfish Reefs

The Virginia Department of Environmental Quality (DEQ) grants unconditional water quality certification (WQC) for the United States Army Corps of Engineers (USACE) 2022 Regional Permit 20 (22-RP-20), pursuant to § 401 of the Clean Water Act of 1977 (33 U.S.C. § 1341); Title 62.1 of the Code of Virginia, including Chapter 3.1 (State Water Control Law); and Virginia Administrative Code 9VAC25-210 et seq. (Virginia Water Protection Permit Program) and 9VAC25-260 et seq. (Virginia Water Quality Standards).

This WQC applies to any activity or activities (hereafter “activities”) in those waters of the United States and in all state surface waters in Virginia regulated pursuant to the laws and regulations of the Commonwealth.

Because the 22-RP-20 will be used by the Virginia Marine Resource Commission (VMRC) to create new, or enhance existing natural or artificial reefs owned, operated or managed by the Commonwealth of Virginia, DEQ finds that there is a reasonable assurance that the discharge from activities authorized by this permit will comply with water quality requirements and will be conducted in a manner which will not violate applicable water quality standards, provided the permittee abides by all conditions and requirements contained in the 22-RP-20. Non-compliance with Title 62.1 of the Code of Virginia, including the State Water Control Law, or applicable Virginia Water Protection Permit Program regulations, or otherwise violating Virginia state water quality standards, may result in civil penalties.

DEQ reserves its right to revise this WQC based on any future amendments to state or federal permits, laws, or regulations. DEQ's WQC neither replaces or supersedes requirements set forth by other local, state, federal, and Tribal laws, nor eliminates the need to obtain additional permits, approvals, consultations, or authorizations as required by law before proposed activities may commence.


Contact Information
Name / Title: Dave Davis  / Office of Wetlands & Stream Protection
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, 23218
Email Address: vwppublicnotices@deq.virginia.gov
Telephone: (804)698-4105    FAX: (804)698-4178    TDD: ()-