REGIONAL 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
PUBLIC NOTICE: The purpose of this public notice is to inform you of the re-issuance of the
The purpose of this public notice is to inform you of the re-issuance of the
above referenced regional permit.
REGULATORY PROGRAM: Since its early history, the United States Army Corps of
Since its early history, the United States Army Corps of
Engineers (Corps) has played an important role in the development of the nation's water
resources. Originally, this involved construction of harbor fortifications and coastal defenses.
Later duties included the improvement of waterways to provide avenues of commerce. An
important part of our mission today is the protection of the nation's waterways through the
administration of the Corps Regulatory Program.
SECTION 10: The Corps is directed by Congress under Section 10 of the Rivers and Harbors
The Corps is directed by Congress under Section 10 of the Rivers and Harbors
Act of 1899 (33 USC 403) to regulate all work or structures in or affecting the course, condition
or capacity of navigable waters of the United States (U.S.). The intent of this law is to protect
the navigable capacity of waters important to interstate commerce.
SECTION 404: The Corps is directed by Congress under Section 404 of the Clean Water Act
The Corps is directed by Congress under Section 404 of the Clean Water Act
(33 USC 1344) to regulate the discharge of dredged and fill material into all waters of the U.S.,
including wetlands. The intent of this law is to protect the nation's waters from the
indiscriminate discharge of material capable of causing pollution and to restore and maintain
their chemical, physical and biological integrity.
TO WHOM IT MAY CONCERN: In accordance with Title 33 CFR 322.2(f), 323.2(h), and
In accordance with Title 33 CFR 322.2(f), 323.2(h), and
325.2(e)(2) published on November 13, 1986, Federal Register, Volume 51, Number 219, the
District Engineer has re-issued a regional permit for stream restoration activities to be performed
by the West Virginia Conservation Agency (WVCA) pursuant to Section 10 of the Rivers and
Harbors Act of 1899 and Section 404 of the Clean Water Act.
BACKGROUND: The WVCA provides assistance to public and private landowners in
The WVCA provides assistance to public and private landowners in
alleviating hazards to life and property resulting from sudden watershed impairments. This
typically requires the discharge of dredged or fill material into waters of the U.S. and therefore
requires authorization from the Corps under Section 404 of the Clean Water Act and/or Section
10 of the Rivers and Harbors Act of 1899. The purpose of this regional permit is to expedite
Corps review of requests for authorizations for the WVCA to perform projects in waters under
the jurisdiction of the Corps for the purposes of alleviating hazards to life and property. Such
projects would include debris and deposition removal, bank stabilization, stream erosion repair,
and restoration of bridges or utilities. This regional permit would apply to all streams under the
jurisdiction of the Corps within the Huntington and Pittsburgh Districts in West Virginia, except
those excluded by special and general permit conditions, or conditions imposed by the state
water quality certification. All activities authorized under this regional permit shall be subject to
the attached special and general conditions.
Prior to the closing date of a given disaster declaration, a list of all potential projects resulting
from sudden watershed impairments associated with the declaration will be provided to the
respective Corps District. Prior to initiating restoration work, the following information will be
provided by the WVCA to the respective Corps District concerning each project:
1) Date of the disaster declaration with associated declaration number or other
2) Counties listed in the disaster declaration;
3) Whether or not the proposed restoration work would take place during or after the
closing date of the disaster declaration;
4) Name of the property owner;
5) Exact location of the work, include location map on a USGS 7.5-minute topographic
map with latitude and longitude noted;
6) Project plan and cross sectional views depicting boundaries of waters of the U.S. and
boundaries of the proposed work;
7) Brief description of all work proposed;
8) Amount of material to be discharged into waters of the U.S. expressed in linear feet
(streams) or acres (wetlands), in addition to the proposed volume of material to be
discharged expressed in cubic yards; and
9) Any other appropriate information, such as agency coordination concerning compliance
with Section 7 of the Endangered Species Act and Section 106 of the National Historic
suspend, modify or revoke any authorization under this regional permit in accordance with 33 CFR 325.7 if a later determination is made by the Corps that the information provided was inaccurate, incomplete or submitted in bad faith. In the event of such a determination, the District Engineer may initiate an enforcement action.
The policies ofthis regional permit are subject to review and reconsideration at any time. At a minimum ofevery five years, this regional permit will undergo a comprehensive reevaluation in accordance with the regulations governing the establishment and use of regional permits.
WATER QUALITY CERTIFICATION: The Section 401 Water Quality Certification issued by the West Virginia Department ofEnvironrnental Protection (WVDEP) dated March 30, 2012 is attached.
The Section 401 Water Quality Certification issued by the West Virginia Department ofEnvironrnental Protection (WVDEP) dated March 30, 2012 is attached.
For further information regarding this regional permit, please contact the Huntington District at 304-399-5710 or the Pittsburgh District at 412-395-7155.