REGIONAL GENERAL PERMIT FOR STREAM RESTORATION ACTIVITIES TO BE
PERFORMED BY THE WEST VIRGINIA CONSERVATION AGENCY WITHIN THE
HUNTINGTON AND PITTSBURGH DISTRICTS
IN THE STATE OF WEST VIRGINIA
TO WHOM IT MAY CONCERN: In accordance with Title 33 CFR 325.5(c)(1) as published on November 13, 1986, in the Federal Register, Volume 51, Number 219, the district engineers of the Huntington District and Pittsburgh District United States (U.S.) Army Corps of Engineers (Corps), have re-issued the Regional General Permit (RGP) for Stream Restoration Activities to the West Virginia Conservation Agency (WVCA), with modifications, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (Section 10) and Section 404 of the Clean Water Act (Section 404). This RGP is effective and available for use within the entire State of West Virginia by the WVCA to authorize WVCA-sponsored projects that require the discharge of dredged and/or fill material into waters of the U.S. and/or work within navigable waters of the U.S. to alleviate hazards to life and property resulting from sudden watershed impairments.
BACKGROUND: RGPs are general permits issued by a district or division engineer on a regional basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. The WVCA provides assistance to public and private landowners in alleviating hazards to life and property resulting from sudden watershed impairments. WVCA-sponsored projects, as described below, may involve the discharge of dredged or fill material into waters of the U.S. and/or work within navigable waters of the U.S. that would require authorization from the Corps under Section 404 and/or Section 10. The Corps had previously issued a RGP to the WVCA for this purpose. The previous RGP for WVCA projects was issued under Public Notice LRH-2012-147 dated April 13, 2012. The previous RGP expired on April 13, 2017. The Corps proposes to reissue the RGP with modifications.
SCOPE OF WORK: The purpose of the RGP is to expedite the Corps’ review of requests for authorization(s) from the WVCA to perform projects in streams under the jurisdiction of the Corps for the purposes of alleviating hazards to life and property resulting from sudden watershed impairments. This RGP may be used for the following activities, subject to all appropriate terms and conditions, that involve the discharge of dredged and/or fill material into waters of the U.S. and/or work within navigable waters of the U.S.: minor dredging, debris, and deposition removal; restoration of uplands damaged by discrete events; bank stabilization; and temporary construction access and dewatering.
The proposed RGP would not authorize work or the discharge of dredged and/or fill material into special aquatic sites, including wetlands, riffle and pool complexes, and vegetated shallows (unless associated with temporary matting for temporary access). This RGP applies to all streams under the jurisdiction of the Corps within the Huntington and Pittsburgh Districts in the State of West Virginia, except those excluded under conditions of the RGP or conditions imposed by the state water quality certification. The WVCA is responsible for ensuring the work is performed in accordance with the attached terms and conditions. Work performed under this authorization can be suspended, modified or revoked in accordance with 33 CFR 325.7 if a later determination is made by the Corps that the information provided was inaccurate, incomplete or done in bad faith. In the event of such a determination, the Corps may use the suspension, modification or revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The RGP is effective for five (5) years from the date of issuance.
Water Quality Certification: A copy of the required Section 401 Water Quality Certification issued by the West Virginia Department of Environmental Protection (WVDEP) for this RGP is attached.
RGP USAGE EVALUATION: The WVCA will generate a summary table (e.g., excel spreadsheet) at the end of each disaster declaration event. The WVCA would have up to 12 months from the close of the final disaster declaration for each event to submit the summary table. The summary table will include the: date of the disaster declaration with associated declaration number or other identification; project location (including stream name, county, and latitude and longitude); applicable conservation district; project type (debris removal, bank stabilization, etc.); length of stream fill; and the volume of debris removed, when applicable. The WVCA will provide the summary table directly to the WVDNR, the WVDEP, and the Corps.
RGP REVALUATION: The policies of this RGP are subject to review and consideration at any time. At the end of the five (5) years, a complete re-evaluation will be performed according to the regulations governing the use of the RGPs.
For further information contact:
U.S. Army Corps of Engineers
502 8th Street
Huntington, West Virginia 25701-2070
U.S. Army Corps of Engineers
1000 Liberty Avenue
Pittsburgh, Pennsylvania 15222-4186