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 provide, provide with conditions, or deny Section 401 Water Quality Certification, as described herein, for activities authorized in Virginia by the Nashville District - U.S. Army Corps of Engineers (USACE) Programmatic General Permit 18-PGP-01, after considering public comment for a 30-day period starting July 16, 2018.
On March 30, 2018, the USACE published notices of their proposed issuance of the Nashville District Programmatic General Permit 18-PGP-01 for Minor Structures, Work, and Associated Minor Activities Located in the Tennessee Valley Authority Reservoirs and Slackwaters within the states of Alabama, Kentucky, Mississippi, Tennessee, and Virginia, and the associated special and general conditions contained in the permit. The link to the USACE web page follows:
https://www.lrn.usace.army.mil/Media/Public-Notices/Article/1480884/public-notice-18-13/
The State Water Control Board proposes the §401 Water Quality Certification actions detailed in the table below. Additionally, the State Water Control Board proposes to certify all special and general conditions, as noticed by the USACE.
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 programmatic general permit and conditions at the end of the public comment process.
Written comments, including those by email, must be received no later than August 15, 2018, 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.
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§401 Water Quality Certification Actions Table
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Tentative §401 Certification |
Conditions |
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18-PGP-01 Deny certification for any activities involving surface water withdrawals from state waters of the Commonwealth of Virginia, including but not limited to, dredging to create a deep hole for a surface water withdrawal; construction or installation of surface water intake pipes or geothermal heat exchange units; construction of an intake structure, weir, water diversion structure, or other structure transporting non-potable raw surface water; modification or maintenance of existing intake pipes or impounding structures that change the character, scope, or size of the original design or approved alternative design; construction of docks, piers, pilings or other structures for the purpose of pipes or other conveyances for a surface water withdrawal; increasing the capacity of an impoundment or reducing instream flows; and diversion of surface waters for any purpose. Separate review is necessary by the Virginia Department of Environmental Quality and may result in the issuance of a permit.
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18-PGP-01 Conditionally certify non-surface water withdrawal related activities in category 4a (Docks, Piers, Boathouses, and Other Water Use Facilities), and the activities in category 4d (Boat Ramps and Other Recreation Watercraft Launching Facilities) |
(1) Activities shall not permanently impact more than 1,500 linear feet of any type of non-tidal stream bed or more than 1/10 of an acre non-tidal wetlands. (2) Any compensatory mitigation shall meet the requirements in the Code of Virginia, Section 62. 1-44. 15:23 A through C. (3) Construction of boat ramps in non-tidal waters that do not meet the following criteria require application to DEQ for consideration of a VWP permit: (a) The discharge into surface waters is 50 cubic yards or less of concrete, rock, crushed stone or gravel into forms, or in the form of pre-cast concrete planks or slabs, unless waived in writing by the Corps district engineer because the discharge will result in no more than minimal adverse environmental effects; (b) The boat ramp is 20 feet or less in width, unless waived in writing by the Corps district engineer because the discharge will result in no more than minimal adverse environmental effects; (c) The base material is crushed stone, gravel or other suitable material; (d) The excavation is limited to the area necessary for site preparation and all excavated material is removed to an area that has no surface waters; and, (e) No material is placed in special aquatic sites, including wetlands. (4) Deviations from the original configuration or filled area shall not change the character, scope, or size of the original design or approved alternative design. |
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18-PGP-01 Conditionally certify activities in category 4b (New Work Channel Excavation) |
Any compensatory mitigation shall meet the requirements in the Code of Virginia, Section 62. 1-44. 15:23 A through C. |
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18-PGP-01 Conditionally certify activities in category 4c (Shoreline Stabilization) |
(1) Any compensatory mitigation shall meet the requirements in the Code of Virginia, Section 62. 1-44. 15:23 A through C. (2) Activities shall not permanently impact more than 1,500 linear feet of any type of non-tidal stream bed or more than 1/10 of an acre non-tidal wetlands. |
| Name / Title: | David L. Davis |
| Address: |
1111 East Main Street, Suite 1400 P.O. Box 1105 Richmond, 23218 |
| Email Address: | dave.davis@deq.virginia.gov |
| Telephone: | (804)698-4105 FAX: ()- TDD: ()- |