REQUEST FOR COMMENTS ON A STATE OF WEST VIRGINIA PROPOSAL TO MODIFY ITS CLEAN WATER ACT
SECTION 401 WATER QUALITY CERTIFICATION OF
THE 2017 NATIONWIDE PERMITS
BACKGROUND: On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published in the Federal Register (82 FR 1860) the most recent iteration of its nationwide permit (NWP) program (2017 NWPs). The 2017 NWPs became effective on March 19, 2017. On May 12, 2017, the Corps published the approved WV-specific Corps regional conditions, and incorporated into the 2017 NWPs the standard and special conditions of WV’s Clean Water Act Section 401 water quality certification (401 WQC).
On April 24, 2019, following a 30-day public comment period, WV modified its certification of the 2017 NWPs. Also on April 24, 2019, WV requested that the Corps incorporate WV’s modified 401 WQC into the Corps’ 2017 NWPs. The Corps’ Great Lakes and Ohio River Division, representing the Huntington and Pittsburgh Districts, is considering WV’s request.
BY THIS NOTICE, the Corps is providing an opportunity for the public to express its views on whether the Division Engineer should accept and incorporate WV’s modified 401 WQC into the Corps’ 2017 NWPs. The modification includes changes to Special Conditions A, C, and L of the 401 WQC for NWP 12 (Utility Line Activities). The proposed changes are shown in Attachment A; no other changes are proposed.
A complete copy of the existing 2017 NWPs, Corps regional conditions, and WVDEP water quality certification may be referenced online at the Corps’ Huntington District website at the following address:
WV’s proposed Clean Water Act Section 401 water quality certification modification and supporting materials are available on the WVDEP 401 website at:
All comments regarding this proposal should be addressed to Ms. Suzanne Chubb at the address noted above. Please refer to Public Notice Number 2019-01-LRD and ensure your comments reach the Division Office by the closing date. If you desire to submit your comments by email, please send to: Suzanne.L.Chubb@usace.army.mil. Please note that the names and addresses of those who submit comments in response to this Public Notice become part of the administrative record and, as such, are available to the public under provisions of the Freedom of Information Act.
R. Mark Toy
Major General, U.S. Army
Huntington District Website:
Pittsburgh District Website: