PUBLIC NOTICE
TO WHOM IT MAY CONCERN: State Water Quality Certification, as required by Section 401 of the Clean Water Act (CWA), has been requested of the West Virginia Department of Environmental Protection (WVDEP) for the:
Project: Section 404 Nationwide Permits for West Virginia
Applicant: U.S. Army Corps of Engineers, Huntington and Pittsburgh Districts (USACE)
SCOPE OF CERTIFICATION: Pursuant to Section 401 of the CWA, the State may either certify, certify with conditions, deny, or waive certification of the proposed activity. When issuing certification, the WVDEP may consider the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources under its jurisdiction. Regulations governing the scope of the WVDEP’s certification, public comment, hearings and appeals are in WV Legislative Rule Title 47, Series 5A.
DESCRIPTION OF THE ACTIVITY: On June 18, 2025, the USACE, requested certification for the reissuance of the Nationwide Permits (NWPs), general conditions, regional conditions, and definitions with some modifications. On June 18, 2025, the USACE also published in the Federal Register its proposal to reissue existing NWPs and issue one new NWP. The USACE is proposing to reissue most of the NWPs without changes.
PROJECT LOCATION: NWPs will be available for use statewide once certified.
INFORMATION AVAILABLE: To view the proposed draft 401 WQC for NWP, please visit:
https://dep.wv.gov/WWE/Programs/Pages/401Certification.aspx
COMMENTS: Any interested person may submit written comments on this project during the comment period, which begins with this notice and ends on November 17, 2025 via mail or email to:
Secretary, WVDEP
Attn: WVDEP 401 Certification Program
601 57th Street SE
Charleston, WV 25304
(304) 926-0499 extension 43869
WQScomments@wv.gov
Correspondence should include the name, address, and telephone number of the writer and a concise statement of the nature of the issues being raised. A virtual public hearing will also be held on November 13, 2025 at 6 pm. Log in information to access the public hearing will also be posted to https://dep.wv.gov/WWE/Programs/Pages/401Certification.aspx.
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