Pursuant to Virginia Water Protection (VWP) Permit Regulation 9 VAC 25-210-130 H, the State Water Control Board (Board) is giving notice of its intent to CONDITIONALLY CERTIFY Section 401 Water Quality Certification for activities authorized by the U.S. Army Corps of Engineers (USACE) Norfolk District Regional Permit 16-RP-05 after considering public comment for a 30-day period starting December 16, 2016.

On October 4, 2016, the U.S. Army Corps of Engineers (Corps) Norfolk District published a notice of their proposed reissuance and modification of the Norfolk District Regional Permit 16-RP-05 and its general conditions.

The State Water Control Board hereby proposes to CONDITIONALLY CERTIFY Section 401 Water Quality Certification for the Norfolk District Regional Permit 16-RP-05.  The State Water Control Board grants Section 401 Certification for 16-RP-05, when: 1) impacts to any type of nontidal stream bed are less than 1,500 linear feet, regardless of any waiver decision made by the USACE; 2) the project proposes to construct an impoundment that meets a Virginia Water Protection (VWP) permitting exclusion for any reason, pursuant to 9VAC25-210-60; or 3) the activity includes a water withdrawal that DEQ has determined is excluded from permits for a surface water withdrawal, pursuant to 9VAC25-210-310 (all other water withdrawals will require a separate Virginia Water Protection Permit).

The Board may only issue final Section 401 Certification decisions of a nationwide or regional USACE permit if the permit meets the requirements of the VWP regulation, as well as having advertised and accepted public comment for 30 days on its intent to provide, deny, or conditional certification.  Therefore, the State Water Control Board will issue its final Section 401 Water Quality Certification decision on the 16-RP-05 at the end of the public comment process.

Written comments, including those by email, must be received no later than 5:00 p.m. on January 17, 2017 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.