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LRH-2012-147 Regional Permit

Published May 13, 2016
Expiration date: 5/13/2012

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

identification;

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

Preservation Act.

 

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.  

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