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This Message was sent out on Friday, October 23, 2020 @ 03:28 PM

From: dep.online@wv.gov
Subject: DEP Public Notice - Public Notice - U.S. Army Corps of Engineers, Section 404 Nationwide Permits for West Virginia

PUBLIC NOTICE

State Water Quality Certification, as required by Section 401 of the Clean 
Water Act (CWA), has been requested of the West Virginia Department of 
Environmental Protection (WVDEP) for:

U.S. Army Corps of Engineers, Section 404 Nationwide Permits for West Virginia,
Federal Register Vol. 85, pg. 57298-57395
(Name of Project)

Department of the Army
Huntington District, Corps of Engineers
502 Eighth Street
Huntington, WV 25701-2070
(Name and address of Applicant)

SCOPE OF CERTIFICATION: Pursuant to Section 401 of the CWA, the State may 
either certify, certify with conditions, deny, or waive certification of the 
proposed activity. When issuing certification, the WVDEP may consider the 
proposed activity’s impact on water resources, fish and wildlife, recreation, 
critical habitats, wetlands and other natural resources under its jurisdiction. 
Regulations governing the scope of the WVDEP’s certification, public comment, 
hearings and appeals are in Title 47, Series 5A.

DESCRIPTION OF THE ACTIVITY: On October 13, 2020, U.S. Army Corps of Engineers 
(USACE), requested certification for the reissuance of the Nationwide Permits 
(NWPs), general conditions, regional conditions, and definitions with some 
modifications. The 2020 NWPs were published in the Federal Register on 
September 15, 2020 and are applicable to projects that may result in a 
discharge into West Virginia waters. This publication of the final NWPs 
represents the USACE permit for which West Virginia Water Quality Certification 
(WQC) under Section 401 of the Clean Water Act will be provided.
PROJECT LOCATION: Nationwide permits will be available for use statewide once 
certified.

INFORMATION AVAILABLE: To view the proposed WQC special and standard 
conditions, please visit:
www.dep.wv.gov/WWE/Programs/Documents/2020NWPCert.pdf

COMMENTS: Any interested person may submit written comments on the NWP 401 WQC 
special and standard conditions by addressing such to the Secretary of the West 
Virginia Department of Environmental Protection during the comment period, 
which begins with this notice and ends on November 27, 2020. Comments or 
requests should be emailed to: WQScomments@wv.gov or by mail
addressed to:

Secretary, West Virginia Department of Environmental Protection
ATTN: Christopher Smith, WQS Program
601 57th Street SE
Charleston, WV 25304-2345

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