Agencies | Governor
Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board

General Notice
Notice of Intent to Provide Section 401 Water Quality Certification of Norfolk District COE Regional Permit 20
Date Posted: 12/19/2011
Expiration Date: 1/20/2012
Submitted to Registrar for publication: YES
No comment forum defined for this notice.



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 December 20, 2011. for the development of State owned and operated artificial fin and shellfish reefs, was last issued on February 6, 2006 with an expiration date of December 31, 2011.



Regional Permit 20 (RP-20),

On September 15, 2011 the U.S. Army Corps of Engineers (USACE) Norfolk District published a notice of their proposed reissuance and modification of the Norfolk District RP-20. The notice can be found at:

The State Water Control Board hereby proposes unconditional §401 Water Quality Certification for the RP-20.

Proposed modifications to the existing RP-20 establish enhanced protections to water quality and include a requirement for compliance with the Toxic Substances Control Act, specification of hydrocarbons and certain toxic metals as prohibited materials, restrictions protective of spawning fish, as relevant, and provisions for coordinating projects to avoid impacts to nesting bald eagles.

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 20, 2012 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 Information
Name / Title: David L. Davis 
Address: 629 East Main Street
P.O. Box 1105
Richmond, 23218
Email Address:
Telephone: (804)698-4105    FAX: (804)698-4347    TDD: ()-