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 Permit after considering public comment for a 30-day period starting January 4, 2011.
The Regional Permit 5 (RP-5) was last issued on January 20, 2006 with an expiration date of January 31, 2011.
The State Water Control Board hereby proposes unconditional §401 Water Quality Certification for the RP- 5 provided language is added to the permit to clarify that authorizations under the RP-5 do not obviate the need to get a Virginia Water Protection Program (VWPP) permit for water withdrawals from the impoundment.
Some activities covered by the RP-5 are already excluded from VWPP regulations and many other activities with smaller impacts are covered by reporting only provisions in VWPP General Permits. Therefore, DEQ has determined that it would be redundant to require an additional permit for construction of small impoundments that do not involve water withdrawal.
The Board can only issue final Section 401 Certification of a nationwide or regional USACE permit if the permit meets the requirements of the VWPP 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. Written comments, including those by email, must be received no later than 5:00 p.m. on January 27, 2011 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.
DEQ’s Office of Environmental Impact Review (OEIR) posted a public notice regarding the proposed Corps permit revisions. Comments are being received by the OEIR until January 7, 2011 pursuant to the federal consistency requirements under the U.S. Coastal Zone Management Act.