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LRH 2019-158-1

Published Oct. 25, 2019
Expiration date: 10/25/2024




To Whom It May Concern:  On February 15, 2019, 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 Engineer of the Huntington District U.S. Army Corps of Engineers, issued a public notice under Department of Army (DA) number LRH-2019-158, proposing a Regional General Permit (RGP) for the West Virginia Department of Transportation that would authorize certain linear transportation projects pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA).

As of the date of this public notice, the RGP is effective and authorizes activities in waters of the United States (U.S.) including work, structures, and filling (both temporary and permanent) associated with linear transportation projects and the maintenance of existing transportation infrastructure conducted by the West Virginia Department of Transportation in the State of West Virginia.  Categories of activities authorized under the RGP would include (A) certain linear transportation projects, (B) certain maintenance projects, and (C) certain bank stabilization activities.  This RGP authorizes activities in such waters except those excluded by the attached general permit conditions.

The West Virginia Department of Transportation is responsible for ensuring that projects are in full compliance with all conditions of the permit.  The permittee’s authorization could be suspended, modified or revoked in accordance with 33 CFR 325.7 if a determination is made by the Corps of Engineers (Corps) that the permittee’s request was inaccurate, incomplete, or made in bad faith.  Enforcement action may be initiated if such a determination is made.

An integral part of the Corps’ regulatory program is the concept of general permits for minor activities. RGPs are activity specific and are designed to relieve some of the administrative burdens associated with permit processing for both the applicant and the Federal government.  This RGP is issued by the District Engineer of the Huntington District U.S. Army Corps of Engineers and is intended to apply to the West Virginia Department of Transportation throughout the State of West Virginia.

Conditions and limitations for the activities authorized by this regional permit are attached.  The permit remains in effect for a period of five years unless modified or rescinded.  At the end of five years, a complete re-evaluation will be performed according to regulations governing the use of regional permits.

RGPs are not valid until the appropriate state agency certifies the discharge does not violate state water quality standards.  In response to the February 15, 2019 public notice, on August 23, 2019, the West Virginia Department of Environmental Protection (WVDEP) granted Section 401 Water Quality Certification (WQC) with general and special limitations and conditions for this RGP.  

If you have any questions concerning this Public Notice or the RGP, please contact Sarah Workman of the South/Transportation Branch by telephone at (304) 399-5710 or by email at