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Department of Environmental Quality
State Water Control Board

General Notice
General Notice - State Water Control Board Notice Of Intent To Provide Section 401 Water Quality Certification Of Norfolk District Army Corps Of Engineers Regional Permit 19-RP-01
Date Posted: 5/10/2019
Expiration Date: 6/12/2019
Submitted to Registrar for publication: NO
No comment forum defined for this notice.

Pursuant to Virginia Water Protection (VWP) Permit Program Regulation 9VAC25-210-130 H, the State Water Control Board (Board) is giving notice of its intent to provide conditional Section 401 Water Quality Certification for activities authorized by the USACE Regional Permit 19-RP-01. With regard to 19-RP-01 for applicable Virginia Department of Transportation projects, the Board proposes to continue to process applications for individual Section 401 Certification through a Virginia Water Protection (VWP) General or Individual Permit pursuant to 9VAC 25-210-10 et seq., when not otherwise excluded from VWP permitting pursuant to 9VAC25-210-60 and/or 9VAC25-210-220.

On April 17, 2019, the Norfolk District - U.S. Army Corps of Engineers (USACE) published a notice of the reissuance and modification of the Norfolk District Regional Permit RP-01, now identified as 19-RP-01, with an effective date of April 15, 2019. The USACE notice notes this Regional Permit supersedes and replaces all previous versions:

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 condition certification.  Therefore, the State Water Control Board will issue its final Section 401 Water Quality Certification decision on this Regional Permit and conditions at the end of the public comment process.

Commonwealth of Virginia Section 401 Water Quality Certification Action Table

Final §401 Certification (* indicates a change from existing certification)







Certain Virginia Department of Transportation (VDOT) roadway and railway projects in waters of the United States, within the geographical limits of the Commonwealth of Virginia under the regulatory jurisdiction of the Norfolk District Army Corps of Engineers (Corps)

VDOT shall apply to the Virginia Department of Environmental Quality for authorization under § 62.1-44.15 of the Code of Virginia and 9VAC25-210 et seq.

Written comments, including those by email, must be received no later than June 12, 2019, 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: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, 23218
Email Address:
Telephone: (804)698-4105    FAX: ()-    TDD: ()-