SUMMARY: On June 18, 2025, the United States Army Corps of Engineers (USACE) published a notice in the Federal Register announcing that it is proposing to: reissue 56 existing Nationwide Permits and associated general conditions with some modifications; issue one new Nationwide Permit A to improve the passage of fish and other aquatic organisms through aquatic ecosystems; modify Nationwide Permit 48; not reissue Nationwide Permit 56; and modify some Nationwide Permits for clarification. The Nationwide Permits collectively authorize discharges of dredged and fill material into waters of the United States (WOTUS) for a variety of activities (hereafter, “2026 Nationwide Permits”). The 2021 and 2022 Nationwide Permits are expected to expire on March 14, 2026, unless a change to that date is made by the USACE. The 2026 Nationwide Permits will not become effective until all federal administrative steps are completed, which DEQ expects to be later this year or early 2026. Additionally, the Norfolk District of the USACE public noticed proposed 2026 Nationwide Permit Regional Conditions on June 18, 2025. https://www.usace.army.mil/Media/Announcements/Article/4220150/18-june-2025-usace-seeks-public-comments-on-proposal-to-renew-and-revise-nation/

PURPOSE OF THIS NOTICE: Pursuant to Virginia Water Protection (VWP) Permit Regulation 9VAC25-210-130, the Department of Environmental Quality (DEQ) is giving notice of its tentative Section 401 Water Quality Certification decisions detailed below in Items A through C, and summarized as: Grant for Nationwide Permits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 57, 58, 59, and New NWP A-Activities to Improve the Passage of Fish and Other Aquatic Organisms; Grant with conditions for Nationwide Permit 12; and Waive for Nationwide Permit 32. DEQ may only issue its final Section 401 Certification decisions after having advertised and accepted public comment for 30 days on its intent to grant certification, grant certification with conditions, waive certification, or deny certification. Therefore, this notice is requesting public comment beginning September 17, 2025.

Item A. The Virginia Department of Environmental Quality (DEQ) is granting water quality certification (WQC) for the United States Army Corps of Engineers (USACE) proposed 2026 Nationwide Permits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 57, 58, 59, and New NWP A-Activities to Improve the Passage of Fish and Other Aquatic Organisms and proposed District Regional Conditions applicable to the here-in listed Nationwide Permits, pursuant to Section 401 of the Clean Water Act of 1977 (CWA), as amended (33 U.S.C. §1341; Public Law 95-217); the Constitution of Virginia, Article XI, Section 1; Title 62.1 of the Code of Virginia, including Chapter 3.1 (State Water Control Law); applicable Virginia Water Protection (VWP) Permit Program regulations (9VAC25-210 et seq., 9VAC25-660 et seq., 9VAC25-670 et seq., 9VAC25-680 et seq., 9VAC25-690 et seq.); and Virginia Water Quality Standards 9VAC25-260 et seq. Water Quality Certifications are not permits; they do not relieve the applicant or permittee from complying with all applicable requirements of the Clean Water Act, as amended, the State Water Control Law, and local, state, and federal government laws or regulations and do not prevent DEQ from pursuing applicable state compliance and/or enforcement action(s).

DEQ finds that the activities which may result in a discharge(s) of dredged or fill material into waters of the United States (WOTUS) as authorized by Nationwide Permits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 57, 58, 59, and New NWP A-Activities to Improve the Passage of Fish and Other Aquatic Organisms will comply with the requirements of the applicable water quality standards under Virginia Administrative Code 9VAC25-260 et seq., as established pursuant to Sections 301, 302, 304, 306 and 307 of the CWA; Title 62.1 of the Code of Virginia; and the applicable Virginia Water Protection (VWP) Permit Program regulations, provided that applicant(s) and permittee(s) abide by all Nationwide Permit requirements and conditions and conduct activities in surface waters according to all applicable state laws and regulations.

No application for VWP general permit coverage from the DEQ-VWP Permit Program is necessary, unless any of the situations listed in 1) through 4) below occur, in which case, an application (and when applicable, an individual Section 401 water quality request) must be submitted to DEQ for review and determination on the need for a state action in accordance with state laws and regulations, unless all proposed activities in surface waters are excluded or waived from VWP permitting under a specific provision or provisions in VWP permit program regulations (9VAC25-210 et seq.; 9VAC25-660 et seq.; 9VAC25-670 et seq.; 9VAC25-680 et seq.; 9VAC25-690 et seq.) or State Water Control Law (Chapter 3.1 of Title 62.1 of the Code of Virginia):

1. The activities which may result in any discharge of dredged or fill material are prohibited from coverage under a VWP general permit, as provided in (9VAC25-210 et seq.; 9VAC25-660 et seq.; 9VAC25-670 et seq.; 9VAC25-680 et seq.; 9VAC25-690 et seq.) or State Water Control Law (Chapter 3.1 of Title 62.1 of the Code of Virginia).
2. The USACE determines that the activities which may result in any discharge of dredged or fill material do not occur in WOTUS.
3. The USACE determines that the activities which may result in any discharge of dredged or fill material into WOTUS are not regulated by or do not qualify for one or more of the herein-listed Nationwide Permits. If the USACE determines that an alternate USACE general permit for which DEQ has provided certification applies instead, the certification applicable to that alternate USACE general permit applies.
4. The USACE determines that a USACE individual permit applies to the activities which may result in any discharge of dredged or fill material into WOTUS.

DEQ may take any state permitting, compliance, and enforcement actions allowed under Chapter 3.1 of Title 62.1 of the Code of Virginia or applicable Virginia Water Protection (VWP) Permit Program regulations (9VAC25-210 et seq., 9VAC25-660 et seq., 9VAC25-670 et seq., 9VAC25-680 et seq., 9VAC25-690 et seq.).

Item B. The Virginia Department of Environmental Quality (DEQ) is providing this grant-with-conditions water quality certification (WQC) for the United States Army Corps of Engineers (USACE) proposed 2026 Nationwide Permit 12, and proposed District Regional Conditions applicable to Nationwide Permit 12, pursuant to Section 401 of the Clean Water Act of 1977, as amended (33 U.S.C. §1341; Public Law 95-217); the Constitution of Virginia, Article XI, Section 1; Title 62.1 of the Code of Virginia, including Chapter 3.1 (State Water Control Law); applicable Virginia Water Protection (VWP) Permit Program regulations (9VAC25-210 et seq., 9VAC25-660 et seq., 9VAC25-670 et seq., 9VAC25-680 et seq., 9VAC25-690 et seq.); and Virginia Water Quality Standards 9VAC25-260 et seq. Water Quality Certifications are not permits; they do not relieve the applicant or permittee from complying with all applicable requirements of the Clean Water Act, as amended, the State Water Control Law, and local, state, and federal government laws or regulations and do not prevent DEQ from pursuing applicable state compliance and/or enforcement action(s).

DEQ finds that certain activities which may result in a discharge(s) of dredged or fill material into waters of the United States (WOTUS) as authorized by Nationwide Permit 12 will comply with the requirements of the applicable water quality standards under Virginia Administrative Code 9VAC25-260 et seq., as established pursuant to Sections 301, 302, 304, 306 and 307 of the CWA; Title 62.1 of the Code of Virginia; and the applicable Virginia Water Protection (VWP) Permit Program regulations, provided that applicant(s) and permittee(s) abide by all Nationwide Permit requirements and conditions. No application for VWP general permit coverage from the DEQ-VWP Permit Program is necessary, unless any of the situations listed in 3) through 6) below occur. Additionally, water quality requirements not already addressed by the USACE may apply to certain activities in surface waters for situations 1) and 2) below.

If any of the situations listed in 1) through 6) below occur, an application (and when applicable, an individual Section 401 water quality request) must be submitted to DEQ for review and determination on the need for a state action in accordance with state laws and regulations, unless all proposed activities in surface waters are excluded or waived from VWP permitting under a specific provision or provisions in VWP permit program regulations (9VAC25-210 et seq.; 9VAC25-660 et seq.; 9VAC25-670 et seq.; 9VAC25-680 et seq.; 9VAC25-690 et seq.) or State Water Control Law (Chapter 3.1 of Title 62.1 of the Code of Virginia):

1. The proposed activities in surface waters which may result in any discharge of dredged or fill material include a natural gas transmission pipeline greater than 36 inches inside diameter pursuant to a certificate of public convenience and necessity under § 7c of the federal Natural Gas Act (15 USC § 717f(c)).
2. The activities which may result in any discharge of dredged or fill material are prohibited from coverage under a VWP general permit, as provided in (9VAC25-210 et seq.; 9VAC25-660 et seq.; 9VAC25-670 et seq.; 9VAC25-680 et seq.; 9VAC25-690 et seq.) or State Water Control Law (Chapter 3.1 of Title 62.1 of the Code of Virginia).
3. The USACE determines that the activities which may result in any discharge of dredged or fill material do not occur in WOTUS.
4. The USACE determines that the activities which may result in any discharge of dredged or fill material into WOTUS are not regulated by or do not qualify for Nationwide Permit 12. If the USACE determines that an alternate USACE general permit for which DEQ has provided certification applies instead, the certification applicable to that alternate USACE general permit applies.
5. The USACE determines that a USACE individual permit applies to the activities which may result in any discharge of dredged or fill material into WOTUS.

DEQ may take any state permitting, compliance, and enforcement actions allowed under Chapter 3.1 of Title 62.1 of the Code of Virginia or applicable Virginia Water Protection (VWP) Permit Program regulations (9VAC25-210 et seq., 9VAC25-660 et seq., 9VAC25-670 et seq., 9VAC25-680 et seq., 9VAC25-690 et seq.). [40 C.F.R. § 121.7(d)(2)(i) (2020): This condition is necessary in order to assure that i) any discharge authorized under the general license or permit will comply with water quality requirements; ii) activities will not cause or contribute to a significant impairment of state waters or fish and wildlife resources; and iii) state water quality requirements are met, including the General Criteria (9VAC25-260-20 et seq.): “State waters, including wetlands, shall be free from substances attributable to sewage, industrial waste, or other waste in concentrations, amounts, or combinations which contravene established standards or interfere directly or indirectly with designated uses of such water or which are inimical or harmful to human, animal, plant, or aquatic life.” 40 C.F.R. § 121.7(d)(2)(ii) (2020): Article XI, Section 1 Constitution of VA; Title 62.1 of the Code of Virginia; Chapter 3.1 of Title 62.1 of the Code of Virginia (§§ 62.1-44.2 through 62.1-44.34:28) [§ 62.1-44.2 through -44.6, § 62.1-44.15, § 62.1-44.15:01, § 62.1-44.15:4.1, § 62.1-44.15:5.1, § 62.1-44.15:5.2, § 62.1-44.15:20, § 62.1-44.15:21, § 62.1-44.15:24, § 62.1-44.15:25, § 62.1-44.15:28, § 62.1-44.15:28.1, § 62.1-44.15:31, § 62.1-44.15:34, § 62.1-44.15:40, § 62.1-44.15:50, § 62.1-44.15:52, Article 2.5 of Title 62.1 (§§ 62.1-44.15:67 through § 62.1-44.15:79), § 62.1-44.19:5]; § 10.1-400 et seq.; § 10.1-604 et seq.; § 10.1-1408.5; § 28.2-1300 et seq.; § 62.1-7; § 62.1-8; § 62.1-10; § 62.1-11; § 62.1-194 through -194.3; 9VAC25 - Preface (Agency Summary); 9VAC25-31 et seq.; 9VAC25-40 et seq.; 9VAC25-210 Sections 10 through 230 and 500; 9VAC25-260 et seq.; 9VAC25-380 et seq.; 9VAC25-401 et seq.; 9VAC25-410 and 415 et seq.; 9VAC25-630 et seq.; 9VAC25-660 et seq.; 9VAC25-670 et seq.; 9VAC25-680 et seq.; 9VAC25-690 et seq.; 9VAC25-720 et seq.; 9VAC25-820 et seq.; 9VAC25-830 et seq.; 9VAC25-840 et seq.; 9VAC25-870 through 890 et seq.; 33 U.S.C. § 1251 et seq.; 33 U.S.C. § 1313(d); 33 U.S.C. § 1315(b); 33 U.S.C. § 1317(a); 33 U.S.C § 1341 et seq.; 33 U.S.C § 1344 et seq.; 33 U.S.C. § 1370; 33 C.F.R. Part 332; 40 C.F.R. § 121 et seq.; 40 C.F.R. § 131 et seq.; Public Law 95-217]

Item C. The Virginia Department of Environmental Quality (DEQ) is expressly waiving water quality certification (WQC) for the United States Army Corps of Engineers (USACE) proposed 2026 Nationwide Permit 32 and proposed District Regional Conditions applicable to Nationwide Permit 32, pursuant to Section 401 of the Clean Water Act of 1977, as amended (33 U.S.C. §1341; Public Law 95-217); the Constitution of Virginia, Article XI, Section 1; Title 62.1 of the Code of Virginia, including Chapter 3.1 (State Water Control Law); applicable Virginia Water Protection (VWP) Permit Program regulations (9VAC25-210 et seq., 9VAC25-660 et seq., 9VAC25-670 et seq., 9VAC25-680 et seq., 9VAC25-690 et seq.); and Virginia Water Quality Standards 9VAC25-260 et seq. Water Quality Certifications are not permits; they do not relieve the applicant or permittee from complying with all applicable requirements of the Clean Water Act, as amended, the State Water Control Law, and local, state, and federal government laws or regulations and do not prevent DEQ from pursuing applicable state compliance and/or enforcement action(s).

DEQ cannot determine if the activities which may result in a discharge(s) of dredged or fill material into waters of the United States (WOTUS) as authorized by Nationwide Permit 32 and conducted without prior state authorization, if required, will comply or would have complied with the requirements of the applicable water quality standards under Virginia Administrative Code 9VAC25-260 et seq., as established pursuant to Sections 301, 302, 304, 306 and 307 of the CWA; ii) Title 62.1 of the Code of Virginia; or iii) the applicable VWP Permit Program regulations.

HOW TO COMMENT: Comments shall include the full name, address and telephone number of the person commenting and must be received by DEQ by 11:59 p.m. on October 20, 2025. Only those comments received within this period will be considered by DEQ. DEQ accepts written comments by the following methods: 1) hand-delivery to Department of Environmental Quality, Office of Wetlands and Stream Protection, 1111 East Main Street, Suite 1400, Richmond, Virginia 23219; 2) e-mail to vwppublicnotices@deq.virginia.gov; or 3) postal mail to Department of Environmental Quality, Office of Wetlands and Stream Protection, P.O. Box 1105, Richmond, Virginia 23218.

CONTACT FOR TECHNICAL ISSUES WITH COMMENT SUBMITTAL: Brenda Winn, Office of Wetlands and Stream Protection, Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia 23218, phone 804-659-2675, or vwppublicnotices@deq.virginia.gov.