Summary: On October 17, 2022, the United States Army Corps of Engineers (USACE), Norfolk District published a notice announcing the issuance of a new 2022 State Programmatic General Permit (SPGP) that authorizes certain pier, aquaculture, shoreline, dredging, and other (PASDO) activities in tidal or non-tidal waters of the United States (WOTUS), including wetlands, within the geographical limits of the Commonwealth of Virginia and under the regulatory jurisdiction of the Corps. On February 27, 2023, the USACE issued a subsequent public notice for a new 2023 SPGP that authorizes certain pier, aquaculture, shoreline, dredging, and other (PASDO) with several revisions to the 22-SPGP-PASDO version, summarized from the USACE public notice as: 1) added three categories of activities; 2) added Appendix I: Permit Specific Criteria; 3) added Appendix II: Category A criteria form for pier structures; 4) removed abandoned vessel activity; 5) added informative sign activity; 6) listed activities covered under Category A; and 7) replaced Regional Permits 02, 17, 18, and 19 with the 23-SPGP-PASDO.

Purpose of this notice: The Virginia Department of Environmental Quality (VDEQ) is giving notice of its tentative decision attached to this notice to provide unconditional Section 401 Water Quality Certification for the 23-SPGP-PASDO. This notice is requesting public comment beginning April 18, 2023.

How to comment: Comments shall include the full name, address and telephone number of the person commenting and be received by VDEQ by 11:59 p.m. on May 18, 2023. Only those comments received within this period will be considered by VDEQ. VDEQ accepts written comments by the following methods: 1) hand-delivery to Virginia Department of Environmental Quality, Office of Wetlands & Stream Protection, 1111 East Main Street, Suite 1400, Richmond, Virginia 23219; 2) e-mail vwppublicnotices@deq.virginia.gov; 3) fax 804-698-4178; or 4) postal mail to Virginia Department of Environmental Quality, Office of Wetlands & Stream Protection, P.O. Box 1105, Richmond, Virginia 23218.

Contact person for technical issues with comment submittal: Dave Davis, Office of Wetlands & Stream Protection, Virginia Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia 23218 or phone 804-698-4105.

Section 401 Water Quality Certification of

23-SPGP-PASDO

The Virginia Department of Environmental Quality (VDEQ) grants this unconditional water quality certification (WQC) for the United States Army Corps of Engineers (USACE) 2023 State Programmatic General Permit (23-SPGP-PASDO) that authorizes certain pier, aquaculture, shoreline, dredging, and other activities, effective by September 2023, pursuant to § 401 of the Clean Water Act of 1977 (33 U.S.C. § 1341); Title 62.1 of the Code of Virginia, including Chapter 3.1 (State Water Control Law); Virginia Administrative Code 9VAC25-210 et seq. (Virginia Water Protection Permit Program); and Virginia Administrative Code 9VAC25-260 et seq. (Virginia Water Quality Standards).

This WQC applies to any activity or activities (hereafter “activities”) in those waters of the United States and in all state surface waters in Virginia regulated pursuant to the laws and regulations of the Commonwealth.

Because the 23-SPGP-PASDO (Section II.C STATE APPROVALS) requires that VDEQ issue a VWP individual permit or general permit coverage, when required, in order for activities to be verified under this SPGP, VDEQ finds that there is a reasonable assurance that the activities authorized by 23-SPGP-PASDO will be conducted in a manner which will not violate applicable water quality standards, provided the permittee abides by all conditions and requirements contained in the 23-SPGP-PASDO. Non-compliance with Title 62.1 of the Code of Virginia, including the State Water Control Law, or applicable Virginia Water Protection Permit Program regulations, or otherwise violating Virginia state water quality standards, may result in civil penalties.

VDEQ reserves its right to revise this WQC based on any future amendments to state or federal permits, laws, or regulations. VDEQ’s WQC neither replaces or supersedes requirements set forth by other local, state, federal, and Tribal laws, nor eliminates the need to obtain additional permits, approvals, consultations, or authorizations as required by law before proposed activities may commence.