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 conditional Section 401 Water Quality Certification for activities authorized by the above referenced U.S. Army Corps of Engineers (USACE) Nashville District Regional General Permit after considering public comment for a 30-day period starting August 5, 2020.

On April 7, 2020, the U.S. Army Corps of Engineers (USACE) Nashville District published a notice of their proposed issuance of the Regional General Permit (RGP) for Installation of Structures and Discharge of Fill Material into Waters of the United States Associated with Management of Exotic Invasive Aquatic Species (20-RGP-02). This proposed regional general permit authorizes activities, including structures or fills, designed to permanently or temporarily isolate or limit the spread of populations of exotic invasive aquatic species for resource management purposes in waters of the United States, nontidal waters/wetlands, and South Holston Lake in Virginia, all located within the Nashville District regulatory boundaries. The USACE notice and proposed RGP can be found at:

https://www.lrn.usace.army.mil/Media/Public-Notices/Article/2138379/special-public-notice-no-20-23-permit-no-20-rgp-02/

The Board may only issue final Section 401 Certification decisions on a nationwide or regional USACE permit if the permit meets the requirements of the Virginia Water Protection Permit Program regulations, as well as having advertised and accepted public comment for 30 days on its intent to grant certification with or without conditions, deny certification, or waive certification. Therefore, the State Water Control Board will issue its final Section 401 Water Quality Certification decision on 20-RGP-02 and its conditions at the end of the public comment process. Virginia conditions proposed for this federal permit include:

1. The Board shall require the submittal of a Standard Joint Permit Application for review and determination if a Virginia Water Protection Permit is required for activities related to surface water withdrawal from state waters. Such activities include but are 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.
2. The Board shall require the submittal of a Standard Joint Permit Application for review and determination if a Virginia Water Protection Permit is required for activities related to the construction of boat ramps in non-tidal waters that: (a) incur discharges of more than 50 cubic yards 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) are no more than 20 feet 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) use base materials other than crushed stone and gravel; (d) require more than the minimum necessary excavation for site preparation; or (e) discharge excavated material into surface waters, special aquatic sites, or wetlands.
3. The 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.
4. Any compensatory mitigation shall meet the requirements in Section 62.1-44.15:23 A through C of the Code of Virginia.
5. The activities are not regulated under the Virginia Pollutant Discharge Elimination System General Permit for Discharges Resulting from the Application of Pesticides to Surface Waters of Virginia (Virginia Administrative Code 9VAC25-800 et seq.).

Written comments, including those by email, must be received no later than September 4, 2020, 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. Requests for additional information should be send to the contact person below.