PURPOSE OF NOTICE:

The U.S. Army Corps of Engineers (Corps) Nationwide Permit 12 (NWP 12) authorizes discharges of dredged or fill material into wetlands and streams during the construction of pipelines. On April 7, 2017, the Department of Environmental Quality (DEQ), acting in accordance with the State Water Control Board's (board) regulations, certified NWP 12 and determined that there is a reasonable assurance that the activities permitted under the Corps’ NWP program, including the Norfolk District Regional Conditions, will be conducted in a manner which will not violate applicable water quality standards.

At the April 12, 2018 board meeting, discussion occurred as to whether NWP 12 is sufficiently protective of the Commonwealth's aquatic resources. While the board raised no specific areas of concern; provided no technical information that NWP 12 was insufficient; and took no action to revisit certification of NWP 12 as it relates to MVP and ACP, the board decided to provide a 30-day written public comment opportunity.

The sole purpose of the written public comment period is for interested persons to submit technical comments and/or information for the MVP and ACP projects relevant to:

1) the sufficiency of the Corps NWP 12 permit's general and regional conditions, as they relate to specific, wetland or stream crossing(s);

2) the sufficiency of the Corps NWP 12 permit authorization for each project, as related to specific, wetland or stream crossing(s); and/or

3) the sufficiency of the Commonwealth's § 401 water quality certification of NWP 12, as related to specific, wetland or stream crossing(s).

PUBLIC COMMENT PERIOD:

Written comments must be received between April 30, 2018 and 11:59 pm on May 30, 2018.

 INFORMATION AND INSTRUCTIONS:

1.  All written comments submitted must include the name(s), mailing address(es) and telephone number(s) of the person(s) commenting.

2.  All written comments submitted must be to a specific wetland or stream crossing. Comments should reference exact wetlands and streams crossings by the identifiers found at the following address: http://www.deq.virginia.gov/PipelineUpdates.aspx or by providing other detailed identifying information such as latitude/longitude or road mile marker. 

3.  Written comments may be submitted via hand-delivery to DEQ, 1111 East Main Street, Richmond, VA 23219; via postal mail to DEQ, P.O. Box 1105, Richmond, VA 23218; or via e-mail at the following email address(es) ONLY – emails and attachments sent to other email addresses or internet sites will not be considered:

• NWP12InfoOnMVP@deq.virginia.gov
• NWP12InfoOnACP@deq.virginia.gov

4.  After the comment period closes, DEQ will evaluate the comments and will submit to the board a summary of the relevant comments received; will concurrently provide the summary to the public by posting it on DEQ’s website at http://www.deq/virginia.gov/PipelineUpdates.aspx; and will make the full text of the comments available to the board.

5.  The board may consider, but is not required to consider, further actions that are consistent with its regulatory authority, without additional public comment on whether further action is warranted.

6.  For assistance with the instructions in this notice or issues with the DEQ web page(s), please contact: Office of Public Information at deqpublicinfo@deq.virginia.gov or 804-698-4000