Comments Page 1

 

Antero Resources
1615 Wynkoop Street
Denver, CO 80202
Of?ce 303.357.7310
Fax 303.357.7315

Submitted via Email

401 Water Quality Certi?cation Program
Attn: Nancy Dickson

601 57?? Street SE

Charleston, WV 253 04-2345

RE: Comments to Proposed of West Virginia State 401 Water Quality
Certification Conditions for U.S. Army Corps of Engineers 2017 Section 404 Nationwide
Permits 

Antero Resources (?Antero?) is an independent exploration and production company engaged in
the exploration, development and acquisition of natural gas, NGLs, and oil properties located in
the Appalachia Basin. Headquartered in Denver, Colorado, with district of?ces in West Virginia,
the company is focused on creating value through the development of our large portfolio of
repeatable, liquids-rich drilling opportunities in two of the premier North American shale plays.
Antero holds over 467,000 net acres in the southwestern core of the Marcellus Shale and over
157,000 net acres in the core of the Utica Shale. Antero designs its projects to avoid impacts to
jurisdictional waters. For projects with unavoidable environmental impacts, however,
authorizations are secured through the United States Army Corps of Engineers? 
nationwide permit program and West Virginia?s corresponding Clean Water Act 401
certi?cation program.

Antero appreciates the opportunity to submit the following comments on the proposed
Modi?cation of West Virginia State 401 Water Quality Certi?cation Conditions for U.S. Army
Corps of Engineers 2017 Section 404 Nationwide Permits ("Proposed The
Proposed Modi?cation was issued by the West Virginia Department of Environmental Protection
on August 8, 2018, including a notice that written comments must be submitted to
the 401 Water Quality Certi?cation Program by or on September 17, 2018. Speci?cally, Antero
supports the comments submitted by the West Virginia Oil Natural Gas Association
and Independent Oil Gas Association on September 17, 2018. In
addition, Antero submits the following additional comments for the consideration.

Antero is deeply committed to the State of West Virginia and its development; as it relates not
just to Antero?s business streams, but to the growth of West Virginia?s general industry and
economy, and the betterment of West Virginians. Antero looks forward to its continued growth
and investment in the infrastructure and economy of West Virginia, and to the job growth

Comments Page 2

directly attributable to its work in Appalachia. In the case at hand, however, Antero implores the
WVDEP not to impose the heavy-handed and expansive changes put forth for Standard
Condition 2, which will require the extraction of millions of additional dollars from various
linear projects (including non-energy projects) despite the opposition to require this
compensatory mitigation to date (consistent with its own regulatory requirements). The impacts
of many additional hundreds of thousands of dollars to individual linear projects?which are
planned out and budgeted years in advance?will result in signi?cant logistical dif?culties, such
as delays and unplanned ?nancial impacts.

The regulated community needs the certainty of knowing when expensive, newly-conceived fees
will be placed on projects, and therefore, this is not the appropriate time to make new changes to
the WQC certi?cation conditions (to the extent they are permitted at all, which as WVONGA
notes in its comments, they are not). Subsequent disapproval by the USACE and/or legal
challenge will only further the uncertainty of these issues midstream of the ?ve-year
review period. Last, Antero asks that the WVDEP consider Governor ustice?s Executive Order
2-18, as described in comments. The current administration has made clear that the
administrative government in West Virginia should not pass new regulations or modi?cations to
regulations that result in signi?cant economic cost to the regulated community without the
appropriate review.

Antero looks forward to maintaining its positive working relationship with WVDEP and will
continue its commitment to being a good neighbor and environmental steward of West Virginia?s
resources. Thank you for considering these cements and incorporating them into your decision
not to revise Standard Condition 2 as written.

Sincere]

7
Troy Roach

Vice President?Health, Safety, Security Environmental
Antero Resources

cc: WVONGA
IOGA
The Of?ce of Governor Jim Justice

Comments Page 3

Appalachian

Mountain
Advocates

West Virginia
Post Office Box 507
Lewisburg, WV 24901
(304) 645-9006

Virginia
415 Seventh Street NE
Charlottesville, VA 22902
(434) 529-6787
www.appalmad.org
Great Homed Owl © Estate of Roger Tory Peterson. All rights reserved.

September 13,2018
West Virginia Department of Environmental Protection
401 Water Quality Certification Program
ATTN: Nancy Dickson
601 57th Street South East
Charleston, WV 25304
By Electronic Mail- WQSComments@wv.gov

Re:

West Virginia 401 Water Quality Certification Modification for the U.S.
Army Corps of Engineers Nationwide Permits

Dear Ms. Dickson:
On behalf of Sierra Club, West Virginia Rivers Coalition, West Virginia
Highlands Conservancy, Indian Creek Watershed Association, Appalachian
Voices, Chesapeake Climate Action Network, and Appalachian Mountain
Advocates (collectively "Commenters"), please accept these comments on the draft
modifications to the West Virginia 401 Water Quality Certification for the U.S.
Army Corps of Engineers ("the Corps") Nationwide Permits noticed for comment
by the West Virginia Department of Environmental Protection ("WVDEP").
Commenters object to the modifications because (1) the modifications exceed
WVDEP's statutory authority "granted to it by the West Virginia Legislature; (2)
the modifications exceed WVDEP's regulatory authority; (3) Section 401 of the
Clean Water Act ("CWA") does not permit modification of a state 401 certification
between the Corps' five-year reissuances of nationwide permits except in specific
instances not applicable here; and (4) even if WVDEP could modify its 401
certification of nationwide permits at this time, it can only do so with consent of
the Environmental Protection Agency ("EPA") Regional Administrator and the
Corps. Moreover, WVDEP cannot waive special conditions of its certification of
Nationwide Permits by waiving 401 certification of a particular project, the
proposed modifications to Special Condition C to NWP 12 do not reasonably

Acid-Free, 100%Post-Consumer Fiber, Processed Chlorine-Free Paper

 Comments Page 4

assure compliance with water quality standards, and WVDEP must furnish a
detailed explanation of the rationale for preferring the proposed modifications over
the special conditions as they currently exist.
We respectfully submit these comments to raise our concerns that the
proposed modifications do not comply with state or federal law and to urge
WVDEP to withdraw the proposed modifications. Finalization of the proposed
modifications will not survive judicial review because WVDEP lacks state and
federal authority to enact the proposed modifications and the modifications fail to
reasonably assure compliance with water quality standards, as required by 40'
C.F.R. § 121.2(a)(2).
STATUTORY FRAMEWORK

CWA Section 301(a) provides that, without a permit, "the discharge of any
pollutant [into waters of the United States] by any person shall be unlawful." 33
U.S.C. §1311(a). The CWA considers dredge and fill material to be pollutants that
must be permitted to be discharged. See §§ 1311, 1362. CWA Section 404
authorizes the Corps to issue permits for the discharge of dredged or fill material
into waters of the United States. § 1344.
The Corps permits dredge-and-fill projects under Section 404 in two ways.
First, it can issue an individual permit tailored to a specific project, "after notice
and opportunity for a public hearing." § 1344(a). Alternatively, the Corps can
permit dredge-and-fill projects through general, nationwide permits ("NWPs") for
defined activities that are similar in nature and that together would cause only
"minimal adverse environmental effects." § 1344(e)(1).
The term of an NWP cannot exceed five years. § 1344(e)(2). In January
2017 the Corps reissued its suite of NWPs subject to a number of general
conditions. See generally Issuance and Reissuance of Nationwide Permits, 82 Fed.
Reg. 1860 (Jan. 6, 2017). The Corps' reissuance of Nationwide Permits triggered
Section 40 1 of the Clean Water Act. § 1341. Section 401 provides that federal
authorizations resulting in discharges into protected waters cannot issue without
"certification" by the affected state that the discharges will comply with state water
quality standards. Id. States may, upon certifying a nationwide permit, include
special conditions that are designed to ensure the certification will meet state water
quality standards. Id. A state's lawfully promulgated special conditions become
conditions of the federal permit as the permit applies to that state. § 1341(d); PUD
No.1 of Jefferson Cty. v. Wash. Dep'tofEcology, 511 U.S. 700,708 (1994); 33
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C.F.R. § 330.4(c)(2). But like other actions that exceed an agency's authority,
invalidly issued conditions are a mere nullity, void ab initio. See Dixon v. United
States, 381 U.S. 68, 74 (1965).

A.

WVDEP Lacks Statutory Authority To Modify Section 401
Certifications Under State Statutes.

State law does not permit WVDEP to modify West Virginia's certification
of the Corps' nationwide permits between the Corps' five-year reissuances. The
West Virginia Legislature may "delegate to an administrative agency the power
to ... implement the statute under which the agency functions." Simpson v. W. Va.
Office o/the Ins. Comm'r, 678 S.E.2d 1, 12 (W. Va. 2009) (quoting Rowe v. W.
Va. Dep't o/Corr., 292 S.E.2d 650, Syl. Pt. 3 (W. Va. 1982)) Nevertheless, "an
administrative body may not [act] ... out of harmony with, ... alter[], or limit[]
the statute being administered .... " E. Gas & Fuel Assocs. v. Hatcher, 107 S.E.2d
618, 623 (W. Va. 1959) (citation omitted). At their core "[a]dministrative agencies
... are creatures of statute .... Their power is dependent upon statutes, so that
they must find within the statute warrant for the exercise of any authority which
they claim." Reed v. Thompson, 772 S.E.2d 617, 620 (W. Va. 2015) (quoting
Mountaineer Disposal Serv., Inc. v. Dyer, 197 S.E.2d 111, Syl. Pt. 2 (W. Va.
1973)). Thus, whatever power the legislature deemed appropriate to delegate to the
WVDEP, the WVDEP "may not [act] . . . inconsistent with . . . its statutory
authority." Simpson, 678 S.E.2d at 12. The legislature's delegation is the
desideratum of agency action. See id.
The West Virginia Legislature did not grant WVDEP the power to modify
Section 401 certifications. WVDEP's organic act is silent as to its authority to
modify a prior certification pursuant to Section 401 of the CWA. Rather, the
statute only authorizes the WVDEP Secretary to "[i]ssue certifications required
under [Section 401] of the federal Clean Water Act." W. Va. Code § 22-1-6(d)(7)
(emphasis added). By incorporating federal law into the state statute the West
Virginia Legislature confined WVDEP's authority to that required by Section 401.
The requirements of Section 401 and EPA's implementing regulations, which will
be discussed in more detail below, do not permit modification of a prior 401
certification except in specific circumstances not at issue here. See 33 U.S.C. §
1341 (a)(1 )-(3). WVDEP, as a state administrative agency, is therefore without the
legislative authority to modify its prior certification of the Corps' nationwide
permits.

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B.

WVDEP Lacks Regulatory Authority To Modify Section 401
Certifications Under West Virginia's Code of State Rules.

Likewise, WVDEP's own regulations provide no mechanism for it to modify
a 401 certification of NWPs. "An administrative body must abide by the remedies
and procedures it properly establishes to conduct its affairs." State ex reI. Wilson v.
Truby, 281 S.E.2d 231, 236 (W. Va. 1981) (citing State ex reI. Hawkins v. Tyler
Cty. Ed. of Educ., 275 S.E.2d 908, 912 (W. Va. 1980». Further, "due process
requires governmental agencies to comply with their own regulations." Hutchinson
v. City of Huntington, 479 S.E.2d 649, 666 (W. Va. 1996) (citing Truby, 281
S.E.2d at 236; Trimboli v. Ed. ofEduc., 254 S.E.2d 561 (W. Va. 1979».
WVDEP's regulations governing 401 certifications are codified at Sections
47-5A-l to 47-5A-8 of the West Virginia Code of State Rules. W. Va. Code R. §
47-5A-1-47-5A-8. Section 1.1 of the regulations states that "[t]he purpose of this
legislative rule is to carry out the responsibilities placed upon the State by Section
401 of the Federal Clean Water Act . . . ." W. Va. Code R. § 47-5A-1.1. The
regulations, like Section 22-1-6, are silent concerning a modification of a 401
certification. See id. Likewise, they affirmatively incorporate the federal standards
into the state certification process. Id.
The regulations themselves limit WVDEP's actions to: "grant, grant with
conditions, deny, or waive .... " W. Va. Code R. § 47-5A-3.1. "Modify" is not one
of the actions WVDEP may take. WVDEP's "express mention of one thing implies
the exclusion of another." Stonewall Jackson Mem 'I Hosp. v. Am. United Life Ins.
Co., 525 S.E.2d 649, 655 (W. Va. 1999). Were the regulation to contemplate a
modification, it would have been included in the language. WVDEP's list of
various actions it may take also fall within the general rule of interpretation of
ejusdem generis. See State v. Morrison, 127 S.E.2d 75, 77 (W. Va. 1925). The
specifically enumerated actions (grant, grant with conditions, deny, or waive) can
only be exercised to decide on a pending 401 certification in the first instance.
"Modification," to the contrary, necessarily requires that a certification has already
been made. The enumeration of actions to be made upon a pending certification
cannot be read to also include an action that can only be taken during the operative
period of a certification. See id. "Modification" is not of the same kind as "grant,
grant with conditions, deny, or waive," and therefore its place among terms
dissimilar to it should not be assumed.
Notwithstanding that federal law does not permit WVDEP to modify its 401
certification in this instance, a topic Commenters will take up in the following
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section, WVDEP cannot modify a 401 certification because it has no regulatory
authority to do so. See Truby, 281 S.E.2d at 236. Thus, WVDEP cannot comply
with its regulations in service of its due process obligations because it has no
regulations on the subject. See Hutchinson, 479 S.E.2d at 666. As a result,
WVDEP lacks statutory and regulatory authority to modify the 401 certification of
the Corps' NWPs outside the Corps' five-year reissuances.

C.

WVDEP Lacks Authority to Modify Section 401 Certification
Under the Clean Water Act.

Federal law similarly precludes WVDEP from modifying its 401
certification at this time. Once a state certifies a federal permit under Section 401,
any conditions placed on that certification become conditions of the federal permit.
33 U.S.C. § 1341(d). "Whatever freedom the states may have to impose their own
substantive policies in reaching initial certification decisions, the picture changes
dramatically once that decision has been made and a federal agency has acted upon
it." Keating v. FERC, 927 F.2d 616, 623 (D.C. Cir. 1991). Section 401 only allows
"a state to revoke a prior certification . . . pursuant to the terms of, and for the
reasons indicated in, section 401(a)(3)." Keating, 927 F.2d at 622. Section
401(a)(3) permits revocation of a certification for a federal construction permit as a
valid certification for a second federal permit for operation of the same facility
within 60 days of notice of the second permit when there are "changes since the
construction license or permit certification was issued in (A) the construction or
operation of the facility, (B) the characteristics of the waters into which such
discharge is made, (C) the water quality criteria applicable to such waters or (D)
applicable effluent limitations or other requirements." 33 U.S.C. § 1341(a)(3)
(emphasis added). None of the circumstances described are applicable here.
Moreover, WVDEP, in its call for public comments, has not based the proposed
changes on any of Section 401' s permissible grounds to modify a certification. The
Clean Water Act, therefore, precludes WVDEP's proposed modification of its 401
certification. 1
1 As was the case in Keating, the South Carolina Supreme Court, confronting whether the state
could suspend and revoke a prior 401 certification, found that the state did not have federal
authority to either suspend or revoke the prior certification. Triska v. Dep 't of Health and Envtl.
Control, 355 S.E.2d 531, 533-34 (S.C. 1987). The Triska Court noted that Section 401(a)(3)
provides the exclusive mechanism to modify a certification. Id. at 534. The 401(a)(3) process,
the court explained, required the state to first monitor water quality and then notify the
permitting agencies. Id. The state could not unilaterally undertake its own revocation. Id. While
the Triska Court believed it was possible for South Carolina to avail itself of Section 401(a)(3)
were it still concerned about enforcement of state water quality standards, this avenue is not open

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D.

WVDEP Lacks Authority To Modify Section 401 Certification
U nder EPA Regulations.

Furthermore, even if modification were possible, EPA regulations provide
that a state's certification may only be modified "in such manner as may be agreed
upon by the certifying agency, the licensing or permitting agency, and the [EPA]
Regional Administrator." 40 C.F.R. § 121.2(b) (emphasis added). Section 121.2(b)
ensures that any post hoc changes to a federal permit have the concurrence of the
federal licensing authority and EPA. This regulation is also a reminder that
although "[t]he certification authority . . . is one of the primary mechanisms
through which [states] may exercise" their role "as the prime bulwark in the effort
to abate water pollution," Alcoa Power Generating Inc. v. FERC, 643 F.3d 963,
971 (D.C. Cir. 2011) (quoting Keating, 927 F.2d at 622), a state's certification and
conditions thereto become federal law "subject to the enforcement mechanisms
available for enforcing the federal license .... " W. Va. Code R. § 47-5A-8.1; see
also § 1341(d); PUDNo. 1,511 U.S. at 708. Once a state certifies a permit subject
to Section 401, the certification is no longer wholly a matter of state law. Id. The
certification and its conditions assumes the mantle of federal law and as a result
cannot be undone without the consent of federal authorities? At this time and as far
as Commenters are aware, WVDEP lacks the consent of the Corps and the EPA
regional administrator. WVDEP therefore lacks the authority to modify its 401
certification, if it can modify it at all.
In one narrow class of certifications-those for EP A issued National
Pollutant Discharge Elimination System permits-a state retains extremely limited
modification authority in the event state law on which the certification is based
changes or where a court, state agency, or state board "stays, vacates, or remands a
certification." 40 C.F.R. § 124.55(b). In those cases, a state "may issue a modified
certification ... and forward it to EPA." Id. WVDEP's 401 certification of the
2017 NWPs is not, of course, an EPA-issued NPDES permit, so that regulation is
wholly inapplicable. In all events, none of the conditions precedent set forth in the
regulation have occurred here. State law has not changed and no court or state
to WVDEP because Section 401(a)(3) does not apply to WVDEP's proposed modifications. See
id.; § 1341(a)(3).
Indeed, because the special conditions in WVDEP's prior certification of the NWPs are now
conditions of the NWPs themselves, those conditions can be modified as the Corps' general
permitting regulations allow. Those regulations are unequivocal: Once the Corps issues an NWP,
its terms and conditions can be relaxed only by formal modification or wholesale reissuance by
the Corps-both of which require full notice and comment. 33 C.F.R. §§ 330.1(b), 330.5(b).
2

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board or agency has stayed, vacated, or remanded WVDEP's certification of the
Corps' NWPs. Therefore, even if it were otherwise applicable, Section 124.55(b)
has not been triggered and WVDEP could not rely on it as a basis for its proposed
modifications.
In fact, the existence of Section 124.55(b) underscores WVDEP's lack of
authority to modify the 401 certification for the Corps' 2017 NWPs. That EPA saw
fit to address modification of one type of 401 certification (for EPA-issued NPDES
permits) means that states have no inherent authority to modify certifications.

E.

WVDEP Cannot Waive Special Conditions Of Its NWP
Certification As A Result Of Waiving An Individual 401
Certifica tion.

WVDEP's proposed modification of Special Condition A to NWP 12 that
permits WVDEJ.> to waive special conditions to NWP 12 if it waives 401
certifications "pursuant to this provision" cannot be adopted. Were WVDEP to
waive special conditions of NWP 12, the waiver would in effect modify NWP 12
without public comment and without the consent of federal authorities. As
discussed in detail in the previous sections, the CWA only provides for limited
modification mechanisms that do not apply here, see Keating, 927 F.2d at 622; §
1341(a)(3); 40 C.F.R. § 124.55(b), and federal regulations require that the state
obtain the consent of the EPA and the Corps in order to modify a 401 certification,
40 C.F.R. § 121.2(b). Any special condition included in West Virginia's
certification of the NWPs automatically becomes federal law and cannot be undone
through state action alone, if at all. See PUD No.1, 511 U.S. at 708; Keating, 927
F.2d at 622.
Moreover, were federal law to permit WVDEP to waive special conditions
to NWP 12, WVDEP would be modifying its certification without public comment
in violation of the CWA. § 1341(a)(1) ("Such State ... shall establish procedures
for public notice in the case of all applications for certification by it . . . .").
WVDEP's proposed modification does not provide any mechanism for public
comment to accompany a waiver of a special condition. By soliciting public
comments on its proposed modifications to its 401 certification here, WVDEP
clearly understands the duty imposed on it by the CWA to take public comment on
its 401 certifications. It should likewise recognize its duty to provide that same
opportunity were it to attempt to further modify the special conditions of NWP 12
by waiver. Even if the CWA permitted waiver of previously issued conditions, it
would still require public comment. And as WVDEP should be aware, when it fails
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to submit permit modifications for required public notice and comment, those
modifications are wholly ineffective as a matter of law. Ohio Valley Envt!. Coa!.,
Inc. v. Apogee Coal Co., LLC, 555 F. Supp. 2d 640, 647 (S.D.W. Va. 2008)
(holding WVDEP's attempt to modify an NPDES permit to be ineffective because
the agency failed to follow required public notice and comment requirements);
accord United States v. Smithfield Foods, Inc., 191 F.3d 516, 524, 526 (4th Cir.
1999) (upholding district court ruling that prior, valid CWA permit could not be
modified by later state agency action that did not comply with procedural
requirements ).
F.

WVDEP's Proposed Modifications To Special Condition C To
NWP 12 Fail To Reasonably Assure Compliance With Water
Quality Standards.

WVDEP proposes to modify the 72-hour limitation on stream-crossing
duration in Special Condition C to allow exceptions to the requirement for (1) "dry
cuts and other environmentally-protective methods that require longer than 72
hours to complete that have been approved by the Federal Regulatory Commission
[sic] or the West Virginia Public Service Commission, and (2) crossings of Section
10 rivers." Those exemptions are not more environmentally protective and do not
reasonably assure compliance with water quality standards for at least three
reasons.
First, the exemptions impermissibly and negligently delegate WVDEP's _
responsibility to protect West Virginia'S water quality standards to the Federal
Energy Regulatory Commission and the West Virginia Public Service
Commission. Neither the Federal Energy Regulatory Commission nor the West
Virginia Public Service Commission are in the business of environmental
protection-WVDEP, on the other hand, is in the sole employ of that metier.
Under Section 401 of the Clean Water Act and West Virginia Code § 22-1-6( d)(7),
WVDEP is charged with ensuring that federal projects do not violate state water
quality standards. WVDEP cannot fulfill this duty with an insouciant deference to
the stream-crossing methods approved by agencies not competent to evaluate
environmental impacts.
Second, by focusing on crossing methodology, the exemptions appear to
myopically focus on sedimentation and turbidity at the expense of the aquatic life
use. Although sedimentation and turbidity are important water quality
considerations, they are not the only potential threats to water quality from
prolonged in-stream construction. For example, Mountain Valley Pipeline, LLC
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proposes to dewater significant segments of the Greenbrier River for weeks at a
time. Phase I of MVP' s Greenbrier crossing will dewater 16,500 square feet of the
riverbed for multiple weeks, with Phase 2 dewatering 15,000 square feet on the
opposite side for a similar period of time.
Water quality standards "consist of the designated uses of the navigable
waters involved and the water quality criteria for such waters based on such uses."
33 U.S.C. § 1313(c)(2)(A). "[A] project that does not comply with a designated use
of the water does not comply with the applicable water quality standards." PUD
No.1, 511 U.S. at 715. All West Virginia waters "are designated for the
Propagation and Maintenance ofFish and Other Aquatic Life[.]" W. Va. Code R.
§ 47-2-6.1. Moreover, West Virginia's water quality standards prohibit "[a]ny ...
condition which adversely alters the integrity of the waters of the State" or results
in an "adverse impact to the ... physical ... or biological components of aquatic
ecosystems." § 47-2-3.2.i. Subject to a few narrow and inapplicable regulatory
exceptions, those standards "apply at all times," § 47-2-7.2 (emphasis added), and
to "the entire water body," OFFICE OF WATER, EPA, 820-B-14-008, WATER
QUALITY STANDARDS HANDBOOK 4-4 (2014) (emphasis added).
Dewatering large portions of streambeds for weeks at a time will eliminate
their use for aquatic-life propagation and maintenance during construction. Cj
PUD No.1, 511 U.S. at 719 ("[A] sufficient lowering of the water quantity in a
body of water could destroy all of its designated uses."). Fish, mussels, crayfish,
and benthic macro invertebrates will be unable to use the construction areas for
foraging, breeding, or refuge.
Notwithstanding the threat of adverse impacts on the aquatic-life use from
prolonged streambed dewatering, WVDEP entirely ignores that aspect of the
problem in its proposed 401 certification modifications. Special Condition C's 72hour limitation minimizes the duration of aquatic-life impacts and would, in tum,
minimize modifications to the physical and biological components of the aquatic
ecosystems. Special Condition C's 72-hour limitation serves as a proxy for the
threshold below which no significant adverse impacts from streambed dewatering
could be expected. By eliminating the time restriction, WVDEP fails to reasonably
assure compliance with West Virginia's water quality standards protecting the
aquatic-life use.
Third, the exemptions fail to protect a category of rivers where prolonged
instream construction may be the most harmful-Section 10 rivers protected by the
Rivers and Harbors Act. Those rivers are navigable-in-fact, and the longer that
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their flow is obstructed by instream construction, the greater the impacts on their
use as navigable rivers. Moreover, because of their size, Section 10 rivers are also
home to larger aquatic life species, on which reduction in foraging, sheltering, and
spawning habitat can have a greater negative impact. Categorically exempting this
important class of rivers from the 72-hour restriction on instream construction has
the effect of allowing significant segments of those rivers to be dewatered
indefinitely and, therefore, cannot reasonably assure compliance with the
designated aquatic-life use of those rivers.
G.

WVDEP Must Provide A Detailed Explanation For The Inclusion
Of Special Condition C To NWP 12 And A Detailed Explanation
Why It Believes the Proposed Modification Is More
Environmentally Protective.

Special Condition C to NWP 12 ensures that stream crossings impose the
least environmental damage balanced against the burden placed on utility line
developers to construct stream crossings quickly. The proposed additional
language does not ensure the same protection to water quality and aquatic
communities as the 72-hour rule. Permitting utility developers to create longer
periods of dewatering through the use of "dry cuts" is directly contrary to the intent
of the original 72-hour rule. Dry cuts remove the dewatered section from aquatic
plant and animal habitat and foraging. The longer these crossings are dewatered the
longer plants and animals will have to make use of other parts of the river to
survive, putting greater competitive stress on the aquatic denizens of neighboring
reaches. That would not make Special Condition C more protective. Instead,
reducing the amount of time permitted for stream crossing construction is the most
obvious-and only-path to greater protection. Consequently, Commenters do not
understand how prolonging dewatering in a stream can ever be more
environmentally protective. 3 WVDEP must provide a detailed explanation for its
3 Comrnenters understand that a "dry cut" method likely produces less sedimentation than a "wet
cut" method even if the wet cut is completed within 72 hours. · Nonetheless, prolonged
dewatering from a "dry cut" method increases the ill effects of foraging stress and suffocation of
aquatic organisms that require water to respire. WVDEP's decision to impose greater harm from
dewatering than from sedimentation should be explained. Further, there are obvious conditions
that would both reduce sedimentation and dewatering instead of prioritizing one over the other.
For example, WVDEP could require all stream crossings to be completed using the "dry cut"
method and in some number of hours less than 72. It could also require conventional boring
underneath streams. Either condition would achieve WVDEP's stated goal of the modification
without forcing trade-offs between imposing different kinds of environmental harm. WVDEP
should explain why none of these possible options were selected for the modification.

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original inclusion of the 72-hour rule, a detailed explanation of how the proposed
additional provisions are more environmentally protective than the existing rule,
and why a reduction in the time permitted to construction a stream crossing was
not considered in WVDEP's modifications. See W. Va. Code R. §47-5A-5.l.e
(requiring WVDEP to prepare a response to significant comments).
CONCLUSION

In sum, WVDEP lacks both state statutory and regulatory authority and
federal statutory and regulatory authority to proceed with its proposed
modification of its Section 401 certification of the Corps' 2017 NWPs at this time,
and its proposed modifications fail to reasonably assure compliance with all West
Virginia water quality standards. Accordingly, Commenters respectfully urge
WVDEP to abandon its unlawful proposed modifications.
Sincerely,

Derek O. Te ey
Counsel for Sierra Club, West irglma
Rivers Coalition, West Virginia Highlands
Conservancy, Indian Creek Watershed
Association, Appalachian Voices, and
Chesapeake Climate Action Network

-11-

 8 EP OE Chase Tower, 17th Floor Writer?s 14
I I 8L PO. Box 1588 304-353-8177
0 NSON Charleston, WV 25326?1588 
I 1 I, (304) 353-8000 (304) 353-8180 Fax

A A AW 



 

September 17, 2018

Submitted via email (WQSComments@wv.gov)

West Virginia Department of Environmental Protection
401 Water Quality Certification Program

Attn: Nancy Dickson

601 57th Street SE

Charleston, WV 25304-2345

Re: Comments on ?Modification of West Virginia State 401 Water Quality Certification Conditions
for U.S. Army Corps of Engineers 2017 Section 404 Nationwide Permits?

Dear Ms. Dickson,

have attached comments on behalf of Arsenal Resources LLC and Arsenal Midstream LLC (collectively,
"Arsenal") in response to the West Virginia Department of Environmental Protection?s (WVDEP) request for
public comment regarding its "Modification of West Virginia State 401 Water Quality Certification Conditions
for U.S. Army Corps of Engineers 2017 Section 404 Nationwide Permits.?

Arsenal appreciates the opportunity to comment on modification.

Sincerely,

?w?n omit

Laura M. Goldfarb


Attachment



West Virginia 0 Ohio 0 Kentucky 0 0 Texas 0 Colorado ?rm

Comments Page 15

Arsenal's Comments on ?Modification of West Virginia State 401 Water Quality Certification
Conditions for U.S. Army Corps of Engineers 2017 Section 404 Nationwide Permits?
September 17,2018

1. Introduction

The United States Army Corps of Engineers (?Corps?)' issues Nationwide Permits
to authorize activities under Section 404 of the Clean Water Act and Section
10 of the Rivers and Harbors Act of 1899 that will resuit in no more than minimal individual and
cumulative adverse environmental effects. A NWP is a type of ?genera! permit? issued by the
Corps that authorizes activities that result in the discharge of dredged or fill material into
waters of the United States when those activities have only minimal adverse
environmental effects.

The NWP program allows operators to appiy for a general permit for many activities,
bypassing the need for an individual permit for every activity that resuits in a discharge of
dredged or fill material. This general permitting process was created to provide a simplified,
streamlined process for authorizing minimal impact discharges and to ease the regulatory
burden on both the Corps and the public.

With regard to the NWPs, prior to their usage in the states, the states have the
opportunity to examine the NWPs issued by the Corps and determine whether they are
protective of state water quality standards prior to their use in the states, whether
use of those permits require state specific conditions to be protective of water quality, and
whether use of the NWP is ailowed in any instance pursuant to CWA Section 401. in West
Virginia this authority to review such projects and grant such certifications was delegated to the
WVDEP. W. Va. Code and 

In fact, the WVDEP may grant, grant with conditions, waive, or deny such certifications
pursuant to Section 401 of the CWA. West Virginia Code St. R. WVDEP has
promulgated rules at West Virginia Legisiative Rule 47 CSR 5A outiining the process for
obtaining this certification, including addressing for mitigation of impacts resulting from
projects to aquatic resources. The West Virginia Division of Natural Resources? Wildlife
Resources Section provides field support for the 401 WQC program.

As stated above, to the extent needed, the states are authorized to condition their
approval of use of the NWPs in their jurisdictions by placing state conditions into its WQCs. The
states develop what are commonly referred to as "Standard Conditions of State 401 Water
Quality Certification Applicable to Federal Nationwide Permits issued by the U. S. Army Corps of
Engineers (USACE or Corps).? West Virginia has approved the use of NWPs in the state and
conditioned those uses by developing, and the Corps approved for use, "West Virginia State
401 Water Quality Certification Conditions for US. Army Corps of Engineers 2017 Section 404
Nationwide Permits.? See USACE Reissuance and issuance of Nationwide Permits with WVDEP
401 Water Quality Certifications, Public Notice (May 17, 2.01.7).

Comments Page 16

Pursuant to these authorizations, Arsenal has and continues to utilize NWPs in its
businesses. Arsenal utilizes NWPs, including NWP 3 "Maintenance,? NWP 12 ?Utility Line
Activities,? NWP 14 ?Linear Transportation Projects,? and NWP 39 "Commercial and
institutional Developments? for the exploration, production, and transportation of natural gas.

On August 9, 2018, WVDEP proposed to modify its prior approvals of the usage of the
NWPs in West Virginia and specifically released its ?Modification of West Virginia State 401
Water Quality Certification Conditions for US. Army Corps of Engineers 2017 Section 404
Nationwide Permits" for public comment.

Arsenal appreciates the opportunity to comment and respectfully requests that WVDEP
consider the comments described below.

2. Arsenal Resources Corporation

Arsenal Resources is a pure play natural gas operator exclusive to the Marcellus Shale
Basin. With headquarters in Pittsburgh, and an office in Bridgeport, West Virginia,
Arsenal holds a largely contiguous acreage block in the northern West Virginia Marcellus basin
of 130,000 net acres capable of producing 6.6 TCF of natural gas. Arsenal prides itself on its
defined growth strategy with assets near water and midstream infrastructure. Arsenal
Midstream currently owns and operates 32 miles of high?pressure gathering lines with
diameters ranging from 4?inch to 24-inch, approximately 16,000 horsepower of leased
compression and combined throughput capacity in excess of 235 MMcf/d. Arsenal?s utilization
of the NWP program and West Virginia?s corresponding 401 WQC have had minimal adverse
environmental impact to the waters of the state of West Virginia.

3. General Comment

Arsenal supports utilization of the 401 WQCs to protect West Virginia?s
streams. The Corps? Nationwide Permits and the state specific 401 WQCs ensure that activities
in jurisdictional waters of the United States have minimai environmental impact.

Arsenal opposes any modification of West Virginia?s standard conditions for the use of
NWPs which acts to make the state requirements more stringent than or inconsistent with any
federai counterpart, practice, or requirement or which is inconsistent with established practices
and legislative ruies and which are further inconsistent with the stated goals of the Governor of
the state of West Virginia as it relates to state regulation of business. To the extent proposed
modifications to 401 WQCs are more restrictive than the existing 401 WQCs or the Corps? 2017
NWP program, Arsenal opposes the proposed changes.

4. Specific Comments

Comments Page 17

a. Modifications to Standard Condition No. 2 Represent a Significant Divergence from
Past Practice and Results in inconsistencies with Federal Practice and Policy and
the Imposition of Significant Costs on the Development of infrastructure at a Time
When Infrastructure Development is Critical to West Virginia?s Future.

The WVDEP proposes the following changes to Standard Condition No. 2 that present a
more stringent regulatory regime than is federally required, or was previously required by
WVDEP:

Proposed language

The applicant must provide proof of compensatory mitigation (as outlined in
Standard Condition 19 below) to WV DEP DWWIVI prior to construction for a
project with cumulative permanent stream impacts greater than 300 linear feet
or causing the ioss of greater than 1/10 acre of wetlands. This cumulative
permanent impact determination specificaily includes the total of ali
permanent impact from separate and complete crossings for linear
transportation or utility projects.

This revision represents a significant divergence from prior practice by the WVDEP and
further results in inconsistencies with regard to how federal and state parties define a project,
places significant additional costs upon the permittee, and is inconsistent with existing state
law and policy which requires that compensatory mitigation required by the state be consistent
with federal rules and reguiations.

At its heart, this proposal requires appiicants to obtain compensatory mitigation when
certain impact thresholds are met by adding the cumulative impacts of multiple single and
complete projects as those projects are defined by the Corps, as opposed to the traditionai
means of measuring when compensatory mitigation is required when thresholds are met at gag
single and complete project as that term has been defined by the Corps.

The state proposes to define cumulative permanent impacts in the proposed standard
condition as ?the total of all permanent impact from separate and complete crossings for linear
transportation or utility projects.? (Draft State 401 WQC Conditions, Standard Condition No. 2).
This is more stringent than and inconsistent with the scope and project area as they are defined
by the federal NWPs that these state water quality certifications support.

As with many utility projects utilizing NWP 14, a single pipeiine/utility iine may cross
multiple jurisdictional waters. Pursuant to the Corps? definitions, each such crossing is
considered a ?single and complete projects? for purposes of Clean Water Act Section 404
permitting, with each crossing requiring its own Nationwide Permit. USACE defines ?single and
complete linear project":

Comments Page 18

For iinear projects crossing a single or multiple waterbodies several times at
separate and distant locations, each crossing is considered a single and complete
project for purposes of NWP authorization. 82 Fed. Reg. 2007 (January 7, 2017).

Per prior practice and the requirements of the state, compensatory mitigation would
not be necessary unless and until a threshold of 300 ft. of permanent impacts was measured for
a single and complete project.

The proposed modification in this instance would require any permittee to have to pay
compensatory mitigation where a threshold of 300 ft. of permanent impacts is measured over
the entirety of the constructed utility line. For larger projects, it can be easily foreseen where
this change will result in additional costs reaching the millions of dollars making investment in
West Virginia much more expensive than her sister states at a time when infrastructure is such
an important issue for the future of the state?s growth.

i. Consistent with legislative intent, the agency should provide the specific
technical basis it relies upon to demonstrate the need for more stringent
state environmental mitigation requirements

The public policy as set forth by the legislature has generally required that the agency
provide specific or demonstrate a specific need when the agency elects to pursue
environmental provisions that are more stringent than the federal counterparts. The WV Code
provides that the agency:

. may include new or amended environmental provisions which are more
stringent than the counterpart federal program to the extent that the director
first provides specific written reasons which demonstrate that such provisions
are reasonably necessary to protect, preserve or enhance the quality of West
Virginia?s environment or public health or safety, taking into consideration
specific scientific evidence, specific environmental characteristics of West
Virginia or an area thereof, or stated legislative findings, policies or purposes
relied upon by the director in making such determination. In the case of rules
which have a technical basis, the director shall also provide the specific technical
basis upon which the director has relied.

Code 22?1-33. Consistent with legislative intent, the agency should provide the
specific technical basis it relies upon to demonstrate the need for more stringent state
environmental mitigation requirements. At this time, the state has not provided this
information.

Comments Page 19

ii. The proposed changes to Standard Condition No. 2 are
inconsistent with the legislative rule which governs certifications in West
Virginia, 47 CSR 5A, and specifically language which provides that
compensatory mitigation is to be consistent with the federal rules

The proposed changes to Standard Condition No. 2 are inconsistent with the
legislative rule which governs certifications in West Virginia, 47 CSR, Series 5A, and specifically
language which provides that compensatory mitigation is to be consistent with the federal
rules. The rule states:

6.2.a. ?For permanent stream impacts/losses to aquatic resources where a
Section 404 permit is required, compensatory mitigation projects shall be
completed consistent with 33 CFR Part 332, effective date April 10, 2008, as
required by the Federal Clean Water Act, for the types and locations of waters
impacted.

The federal rule at 33 CFR explicitly grants exclusive jurisdiction to the
District Engineer the exclusive authority to determine what compensatory mitigation will
be required and what the terms of that mitigation will be:

The district engineer must determine the compensatory mitigation to be
required in a DA [Department of the Army] permit, based on what is practicable
and capable of compensating for the aquatic resource functions that will be lost
as a result of the permitted activity.

By adopting the rule, the state essentially passed on its authority to individually demand
mitigation separate and apart from the Corps and by approving the initial state 401 certification
to require mitigation when permanent impacts are greater than 300 feet on a per project basis,
the Corps set forth the minimum thresholds for when mitigation is practical and would be
required by a Department of the Army permit. Any attempt to ?modify? those
conditions is not within the agency?s authority prior to full formal withdrawal of West Virginia
State 401 Water Quality Certification Conditions for US. Army Corps of Engineers 2017 Section
404 Nationwide Permits and re?issuance through the Corps at the very least.

While the state has authority to interpret any term in a manner as it wishes, in this case,
that discretion is tempered by the fact that the federal rules provide discretion to establish
thresholds and mitigation to the DE for Corps approved projects as stated above. The manner
in which the term ?project? is defined, if there is any ?ambiguity,? lies within the discretion of
the Corps as it is their duty, or at least arguably lies with the Corps under the rules, to
determine when and the amount of mitigation which will be required.

Any attempt by the state at this point to offer an interpretation or enforce a
modification of the Corps? approved terms for mitigation thresholds results in an outcome

5

Comments Page 20

where the state threshold is not consistent with the federal threshold for mitigation and is not
likely consistent with the manner in which the DE would interpret the thresholds for
mitigation.

in developing the NWPs and approving West Virginia?s prior state conditions, the Corps
has defined a single and complete project, and, in fact, has determined when and where
compensatory mitigation is practical and necessary by approving West Virginia?s prior WQC.
Specifically, use ofthe NWP 12 and the need for compensatory mitigation is not required unless
and until a project results in permanent impacts to 300 ft. of waters. The WVDEP, consistent
with its own rule, cannot diverge from this requirement and there is good reason for such a
requirement.

The need for consistency between the Corps and WVDEP with regard to how they
define projects and project areas, and when mitigation will or will not be necessary is crucial to
the operation of a smooth regulatory program. Without consistency, there can be no certainty,
and without certainty, investment of miliions of dollars cannot be so easily committed. it is
why the West Virginia rule requires that practices be consistent with, not more
stringent than, its federal counterparts.

in the case of NWP 12 where linear projects are permitted, a ?single and complete
project? is every single crossing. It is not the entirety of a utility line. Further, when caiculating
threshold impacts, the sum of impacts for a single and complete project is what is
determinative of whether a project must perform compensatory mitigation, not the sum total
of impacts associated with every crossing of a waterbody throughout the entirety of a pipeline
project and inclusive of numerous separate Nationwide Permit authorizations.

In this instance, it is clear that Corps has defined the scope of a project and has further
defined the circumstances under which compensatory mitigation will be required. The
proposed modifications are inconsistent with those requirements and must be
withdrawn pursuant to West Virginia?s own rules untii such time as the Corps re?issues the
NWP 12 and new requirements may be considered by the Corps.

The proposed changes to Standard Condition No. 2 are inconsistent with
the intent of Executive Order No. 2?18

The proposed changes to Standard Condition No. 2 are inconsistent with the
state?s regulatory reform efforts and the intent of Executive Order No. 2-18.

After recognizing that excessively burdensome rules stifle economic growth and job
creation, (2) create barriers to entry in many industries and (3) discourage potential
entrepreneurs from introducing beneficial products and January 10, 2018,
Governor Justice issued an executive order that prohibits state agencies from changing current
regulations or adopting new regulations.

Comments Page 21

Justice?s ?Regulatory Moratorium? provides that "all agencies shall suspend rule-making
action on any proposed rules that have not been filed with the Secretary of State?s office on or
before [January 10, 2018].? The moratorium, notably, does not apply to regulatory changes
meant to amend state rules to be no more stringent than federal rules, repeal existing rules, or
to reduce the impact of existing state rules.

By contrast, the current proposal put forth by the WVDEP is clearly more stringent than
federal requirements, is contrary to the state?s regulatory reform efforts, and should be
withdrawn. This preposal is inconsistent with the intent, if not the letter, of the regulatory
moratorium imposed by the Governor because it does not fall within one of the enumerated
exemptions. The clear intent of Governor Justice?s Regulatory Moratorium Executive Order is
to immediately suspend any regulatory changes that resuit in additional burdens on economic
or business development in West Virginia beyond that which is already mandated by federal
law.

The modifications proposed by the WVDEP represent a more stringent regulatory
regime than previously existed and much more stringent than required by the Corps or which
had been required previously by the WVDEP. The use of cumulative impacts measured over
several or hundreds of ?projects? as that term is defined by the Corps, represents a significant
divergence from prior practice resuiting in more stringent requirements and requirements
which are not imposed by the federal government.

Again, for these reasons, the WVDEP should withdraw its modifications.

iv. The proposed changes to Standard Condition No. 2 will create a significant
financial burden on operators

It cannot be clearer that the modifications proposed by WVDEP represent a significant
new burden upon economic and business development. Where prior projects did not have to
pay compensatory mitigation for its business and economic development activities, now,
hundreds ofthousands, if not millions of dollars in additional expense and burden will be placed
upon the business community, including potentially public utility providers wishing to extend
services resulting in higher prices and potentialiy lost investment.

b. Standard Condition No. 22
i. The WVDEP already has the authority to grant, grant with conditions,
waive, or deny 401 water quality certification and modification of Standard
Condition No. 22 is duplicative.

The WVDEP proposes the following changes to Standard Condition No.22:

The Secretary ofthe West Virginia Department of Environmental Protection may,
in his discretion, waive, change, or eliminate any of the Standard or Special

Comments Page 22

Conditions of State 401 Water Quality Certification Applicable to Nationwide
Permits where the applicant provides proof that it will employ a method or plan
that will be more environmentally protective than any of the Standard or Special
Conditions of State 401 Water Quality Certification Applicable to Nationwide
Permits.

 

 

WVDEP proposes to include a new condition, and language in an existing condition
granting the State discretion in choosing whether to waive, change or eliminate conditions of
State 401 WQCS. However, the State already has this authority in the regulations governing
401 WQCs:

State may grant, grant with conditions, deny, or waive certification.?
W. Va. Code St. R. 

If the state has the authority to waive certification in its entirety, then it also has the
authority to grant partial waivers of certain conditions as well.

Arsenal maintains that the state already maintains the necessary authority and
discretion within the existing governing rule to grant these waivers. To the extent, the
proposed modification supports the State?s authority to waive certain special conditions,
Arsenal supports the modification.

Arsenal would note, however, that the requirement for the applicant to provide proof
that it will employ a method or plan that will be "more environmentally protective? is
excessive. if a modification is made, the language should be changed to reflect that the
alternative method or plan will be "as environmentaliy protective as? any of the Standard or
Special Conditions of State 401 Water Quality Certification applicable to Nationwide Permits.

c. Nationwide 12 Condition A

i. The WVDEP already has the authority to grant, grant with conditions,
waive, or deny 401 water quality certification, and modification of
Nationwide 12 Condition A is therefore duplicative.

The WVDEP proposes the following changes to NWP 12 Condition A:

Uniess waived as provided in 33 U.S.C. 1341(a)(1), Individual State Water
Quality Certification is required for

i. Pipelines equal to or greater than 36 inches in diameter;

ii. Pipelines crossing a Section 10 river (unless the bore is greater than 100 feet
below the stream bed on the Ohio River mainstem, or greater than 50 feet
below the stream bed on all other Section 10 waters);

Pipelines transporting hazardous materials/substances as defined by the Toxic
Substances Control Act;

Comments Page 23

iv. Utility lines within wetlands that would use or consider the use of herbicides
for right?of?way maintenance;

v. Cumulative permanent impacts totaling greater than 200 linear feet. on one
side, of any stream identified in WQC Standard Condition 18 A, B, and herein;
vi. Cumulative permanent impacts on any one perennial or intermittent stream
totaling greater than 300 linear feet;

vii. Pipelines carrying separated natural gas liquids, unless installed with an
automated system which will indicate a sudden loss of pressure.

If the State waives 401 certifications pursuant to this provision, it reserves the
right to waive other 401 special conditions on NWP 12, but must do so in its
waiver letter.

WVDEP proposes to include a new condition, and language in an existing condition
granting the State discretion in choosing whether to waive, change or eliminate conditions of
State 401 WQCs. However, the State already has this authority in the regulations governing
401 WQCs:

State may grant, grant with conditions, deny, or waive certification.?
West Virginia Code St. R. 

The State?s proposed language to waive, change or eliminate specific conditions is an expansion
upon the rule?s language, which gives the State authority to ?grant, grant with conditions, deny,
or waive certification.? Arsenal does not believe this revision is necessary at this time, as the
state has the necessary discretion within the existing governing rule. Consistent with the
arguments set forth above, Arsenal, again, maintains that the WVDEP already has this authority
as set forth in its legisiative rules. To the extent, the proposed modification supports the
State?s authority to waive certain special conditions, Arsenal supports the modification.

d. Nationwide Permit 12 Special Condition 
The state proposes the following modification to Nationwide Permit 12 Special
Condition C:

Individual stream crossings must be completed in a continuous, progressive
manner and within 72 hours during seasonal normal or below normal stream
flow conditions; provided, however, that dry cuts and other environmentally-
protective methods that require longer than 72 hours to complete that have
been approved by the Federal Regulatory Commission or the West Virginia
Public Service Commission are exempt from the 72?hour requirement. Crossings
on Section 10 rivers are exempt from the 72-hour requirement. In any event, all
stream activities shall be completed as rapidly as possible.

Environmentally equivalent alternatives to the 72whour crossing requirement of Special
Condition in NWP 12 would be a welcome inclusion in the 401 WQC conditions. Arsenai
supports this modification. However, the WVDEP is again free to provide a waiver of the special

9

Comments Page 24

condition provided certain environmental protections are put in place by the permittee. in
essence, it is able to provide this relief without having to modify the existing WQC approvals.

5. Conclusion

Arsenal thanks WVDEP for the opportunity to comment on the ?Modification of West
Virginia State 401 Water Quality Certification Conditions for US. Army Corps of Engineers 2017
Section 404 Nationwide Permits? and for its consideration to the comments and requested
modifications proposed above.

Arsenal looks forward to working with WVDEP in the future to assist in the safe and
environmentally sound development of the oil and gas industry in West Virginia. lf WVDEP has
any questions regarding the content of this letter, the specific comments, or any other issue
related to the proposed conditions, please do not hesitate to contact us.

10

STEPTOE 
JOHNSON

PLLC

ATTO RN EYS AT LAW

 



September 17, 2018

Submitted via email (WQSComments@wv.gov)

 

West Virginia Department of Environmental Protection

401 Water Quality Certification Program
Attn: Nancy Dickson

601 57th Street SE

Charleston, WV 25304-2345

Writer?s 25

Chase Tower, 17th Floor
PO BOX 1588 304?353-8177
Charleston, WV 253264588

(304) 353?8000 (304) 3538180 Fax



laura. gol dfarb@steptoe-j ohnson . com

Re: Comments on ?Modification of West Virginia State 401 Water Quality Certification Conditions
for U.S. Army Corps of Engineers 2017 Section 404 Nationwide Permits"

Dear Ms. Dickson,

I have attached comments on behalf of Blue Racer Midstream, LLC ("Blue Racer") in response to the
West Virginia Department of Environmental Protection?s (WVDEP) request for public comment regarding its
"Modification of West Virginia State 401 Water Quality Certification Conditions for US. Army Corps of

Engineers 2017 Section 404 Nationwide Permits.?

Blue Racer appreciates the opportunity to comment on modification.


Attachment:

Sincerely,

2%ng

Laura M. Goldfarb

West V1rg1n1a 0 Ohio 0 Kentucky 0 0 Texas 0 Colorado gm

Comments Page 26

Blue Racer?s Comments on ?Modification of West Virginia State 401 Water Quaiity
Certification Conditions for U.S. Army Corps of Engineers 2017 Section 404 Nationwide
Permits?

September 17, 2018

1. Introduction

The United States Army Corps of Engineers (?Corps?) issues Nationwide Permits
to authorize activities under Section 404 of the Clean Water Act and Section
10 ofthe Rivers and Harbors Act of 1899 that will result in no more than minimal individual and
cumulative adverse environmental effects. A NWP is a type of ?general permit? issued by the
Corps that authorizes activities that resuit in the discharge of dredged or fill material into
waters of the United States when those activities have only minimal adverse
environmental effects.

The NWP program allows operators to apply for a general permit for many activities,
bypassing the need for an individual permit for every activity that results in a discharge of
dredged or fill material. This general permitting process was created to provide a simplified,
streamlined process for authorizing minimal impact discharges and to ease the regulatory
burden on both the Corps and the public.

With regard to the NWPs, prior to their usage in the states, the states have the
opportunity to examine the NWPs issued by the Corps and determine whether they are
protective of state water quality standards prior to their use in the states, whether
use of those permits require state specific conditions to be protective of water quality, and
whether use of the NWP is allowed in any instance pursuant to CWA Section 401. In West
Virginia this authority to review such projects and grant such certifications was delegated to the
WVDEP. W. Va. Code and 

in fact, the WVDEP may grant, grant with conditions, waive, or deny such certifications
pursuant to Section 401 of the CWA. West Virginia Code St. R. WVDEP has
promulgated rules at West Virginia Legislative Rule 47 CSR 5A outlining the process for
obtaining this certification, including addressing for mitigation of impacts resulting from
projects to aquatic resources. The West Virginia Division of Natural Resources? Wildlife
Resources Section provides field support for the 401 WQC program.

As stated above, to the extent needed, the states are authorized to condition their
approval of use of the NWPs in theirjurisdictions by placing state conditions into its WQCs. The
states develop what are commonly referred to as ?Standard Conditions of State 401 Water
Quality Certification Applicable to Federal Nationwide Permits issued by the U. 5. Army Corps of
Engineers (USACE or Corps).? West Virginia has approved the use of NWPs in the state and
conditioned those uses by deveioping, and the Corps approved for use, ?West Virginia State
401 Water Quality Certification Conditions for US. Army Corps of Engineers 2017 Section 404

Comments Page 27

Nationwide Permits.? See USACE Reissuance and Issuance of Nationwide Permits with WVDEP
401 Water Quality Certifications, Public Notice (May 17, 2017).

Pursuant to these authorizations, Blue Racer has and continues to utilize NWPs in its
businesses. Blue Racer utilizes NWPs, including NWP 3 ?Maintenance,? NWP 12 ?Utility Line
Activities,? NWP 14 "Linear Transportation Projects,? and NWP 39 ?Commercial and
Institutional Developments" for the exploration, production, and transportation of natural gas.

On August 9, 2018, WVDEP proposed to modify its prior approvals of the usage of the
NWPs in West Virginia and specifically released its ?Modification of West Virginia State 401
Water Quality Certification Conditions for US. Army Corps of Engineers 2017 Section 404
Nationwide Permits? for public comment.

Blue Racer appreciates the opportunity to comment and respectfully requests that
WVDEP consider the comments described below.

2. Blue Racer Midstream, LLC Corporation

Blue Racer is a joint venture formed in December 2012 by Caiman Energy ii and
Dominion to own, operate, develop and acquire midstream assets in the Utica Shale and certain
adjacent areas in the Marcellus Shale. Blue Racer provides natural gas gathering, compression,
dehydrating, treating, processing and transportation services and N61. fractionation and
transportation services. Blue Racer?s gathering system, located in southeastern Ohio and the
panhandle of West Virginia, primarily handles natural gas produced from the liquids-rich
portions of the Utica Shale and the southwestern portion of the Marcellus Shale and currently
consists of over 700 miles of natural gas gathering and residue product pipelines.

As one of the largest midstream providers in the rich-gas area of the Utica Shale, Blue
Racer is dedicated to investing in the communities of Ohio and West Virginia and protecting the
health of its citizens, the land, and the environment. Blue Racer is committed to hiring local
workers, community development, and initiatives that reduce the environmental footprint of
these operations. Blue Racer has invested over two billion dollars in support of these
operations in the Appalachian Basin, employs over one hundred fifty full time employees, and
has utilized hundreds of additional construction jobs in developing these assets.

Citizenship is one of our core values. Blue Racer is a significant local taxpayer and
generous supporter of local nonprofit organizations.

Blue Racer partners with government agencies at all levels to adhere to local, state and
federal regulations, and begins each job by planning a course of action that is mindful of
people, wildlife, and the land. Blue Racer is committed to work with WVDEP to ensure that the
continued utilization of the NWP program and West Virginia?s corresponding 401 WQC have
minimal adverse environmental impact to the waters of the state of West Virginia, while also
provided for a streamlined permitting process which encourages economic development.

Comments Page 28

3. General Comment

Blue Racer supports utilization of the 401 WQCs to protect West Virginia?s
streams and its aquatic resources. The Corps? Nationwide Permits and the state specific 401
WQCs ensure that activities in jurisdictional waters of the United States have minimal
environmental impact. it is important to maintain a healthy environment and maintain
standards which are protective West Virginia?s people while also encouraging economic
development and maximizing employment opportunities for its people.

After reviewing proposal, however, Blue Racer does not fully support, or more
accurateiy is uncertain of the sufficiency of the regulatory support for, the reopening and
modification of West Virginia?s standard conditions for the use of NWPs in West Virginia in this
manner. Specifically, the more stringent requirements contained in proposal are
inconsistent with the stated goals of the Governor of the state of West Virginia as it relates to
state regulation of business and result in increased regulatory uncertainty.

4. Specific Comments

3. Modifications to Standard Condition No. 2 Represent (1) a Significant Divergence
from Past Practice and (2) Results in Inconsistencies with Federal Practice and
Policy and (3) the imposition of Significant Costs on the Development of
infrastructure at a Time When Infrastructure Development is Critical to West
Virginia?s Future.

The WVDEP proposes the following changes to Standard Condition No. 2 that present a
more stringent regulatory regime than is federally required, or was previously required by
WVDEP:

Proposed language

The appiicant must provide proof of compensatory mitigation (as outlined in
Standard Condition 19 below) to WV DEP DWWM prior to construction for a
project with cumulative permanent stream impacts greater than 300 linear feet
or causing the loss of greater than 1/10 acre of wetlands. This cumulative
permanent impact determination specificaliv includes the total of all
permanent impact from separate and complete crossings for linear
transportation or utilitv projects.

This revision represents a significant divergence from prior practice by the WVDEP and
further results in inconsistencies with regard to how federal and state parties define a project,
and is inconsistent with existing state law and policy which requires that compensatory
mitigation required by the state be consistent with federai rules and regulations.

Comments Page 29

At its heart, this proposal requires applicants to obtain compensatory mitigation when
certain impact thresholds are met by adding the cumulative impacts of multiple single and
complete projects as those projects are defined by the Corps, as opposed to the traditional
means of measuring when compensatory mitigation is required when thresholds are met at 911;;
single and complete project as that term has been defined by the Corps.

The state proposes to define cumulative permanent impacts in the proposed standard
condition as ?the total of all permanent impact from separate and complete crossings for linear
transportation or utility projects.? (Draft State 401 WQC Conditions, Standard Condition No. 2).
This is more stringent and inconsistent with the scope and project area as they are defined by
the federal NWPs that these state water quality certifications support.

As with many utility projects utilizing NWP 12, a single pipeline/utility line may cross
multiple jurisdictional waters. Pursuant to the Corps? definitions, each such crossing is
considered a ?single and complete project? for purposes of Clean Water Act Section 404
permitting, with each crossing requiring its own Nationwide Permit. USACE defines ?single and
complete linear project?:

For linear projects crossing a single or multiple waterbodies several times at
separate and distant locations, each crossing is considered a single and complete
project for purposes of NWP authorization. 82 Fed. Reg. 2007 (ianuary 7, 2017).

Per prior practice and the requirements of the state, compensatory mitigation would
not be necessary unless and until a threshold of 300 feet of permanent impacts was measured

for a single and complete project.

The proposed modification in this instance would require any permittee to have to pay
compensatory mitigation where a threshold of 300 feet of permanent impacts is measured over
the entirety of the constructed utility line. For larger projects, it can be easily foreseen where
this change will result in substantial additional costs making investment in West Virginia much
more expensive than her sister states at a time when infrastructure is such an important issue
for the future of the state?s growth.

i. Consistent with legislative intent, the agency should provide the specific
technical basis it reiies upon to demonstrate the need for more stringent
state environmental mitigation requirements

The public policy as set forth by the legislature has generally required that the agency
provide specific reasons or demonstrate a specific need when the agency elects to pursue
environmental provisions that are more stringent than the federal counterparts. The WV Code
provides that the agency:

Comments Page 30

. may inciude new or amended environmental provisions which are more
stringent than the counterpart federai program to the extent that the director
first provides specific written reasons which demonstrate that such provisions
are reasonably necessary to protect, preserve or enhance the quality of West
Virginia?s environment or public health or safety, taking into consideration
specific scientific evidence, specific environmental characteristics of West
Virginia or an area thereof, or stated legislative findings, policies or purposes
relied upon by the director in making such determination. in the case of rules
which have a technical basis, the director shall also provide the specific technical
basis upon which the director has relied.

Code 22-1-33. Consistent with legislative intent, the agency should provide the
specific technical basis it relies upon to demonstrate the need for more stringent state
environmental mitigation requirements. At this time, the state has not provided this
information.

ii. The proposed changes to Standard Condition No. 2 are
inconsistent with the legislative rule which governs certifications in West
Virginia, 47 CSR 5A, and specifically language which provides that
compensatory mitigation is to be consistent with the federal rules

The proposed changes to Standard Condition No. 2 are inconsistent with the
legislative rule which governs certifications in West Virginia, 47 CSR, Series 5A. Specifically, the
legisiative rule provides that compensatory mitigation is to be consistent with the federal ruies.

6.2.3. ?For permanent stream impacts/losses to aquatic resources where a
Section 404 permit is required, compensatory mitigation projects shall be
compieted consistent with 33 CFR Part 332, effective date April 10, 2008, as
required by the Federal Clean Water Act, for the types and locations of waters
impacted.

The federal rule at 33 CFR explicitiy grants to the District Engineer the
exclusive authority to determine what compensatory mitigation will be required and what the
terms of that mitigation will be:

The district engineer must determine the compensatory mitigation to be
required in a DA permit, based on what is practicable and capable of
compensating for the aquatic resource functions that be lost as a resuit of
the permitted activity.

Comments Page 31

By adopting the rule, the state essentially ceded its authority to individually demand
mitigation separate and apart and different from the Corps and by approving the initial state
401 certification to require mitigation when permanent impacts are greater than 300 feet on a
per project basis, the Corps set forth the minimum thresholds for when mitigation is practical
and would be required by a Department of Army permit.

Any attempt to ?modify? those conditions is not within the agency?s authority prior to
full formal withdrawal of West Virginia State 401 Water Quality Certification Conditions for U.S.
Army Corps of Engineers 2017 Section 404 Nationwide Permits and re~issuance through the
Corps at the very least.

While the state has authority to interpret any term in a manner as it wishes, in this case,
that discretion is tempered by the fact that the federal rules provide discretion to establish
thresholds and mitigation to the DE for Corps approved projects as stated above. The manner
in which the term ?project? is defined, if there is any "ambiguity,? lies within the discretion of
the Corps as it is their duty, or at least arguably lies with the Corps under the rules, to
determine when and the amount of mitigation which will be required.

Any attempt by the state at this point to offer an interpretation or enforce a
modification of the Corps? approved terms for mitigation thresholds results in an outcome
where the state threshold is not consistent with the federal threshold for mitigation and is not
likely consistent with the manner in which the DE would interpret the thresholds for
mitigation.

in developing the NWPs and approving West Virginia?s prior state conditions, the Corps
has defined a single and complete project, and, in fact, has determined when and where
compensatory mitigation is practical and necessary by approving West Virginia?s prior WQC.
Specifically, use of the NWP 12 and the need for compensatory mitigation is not required unless
and until a single project results in permanent impacts to 300 feet of waters. The WVDEP,
consistent with its own rule, cannot diverge from this requirement and there is good reason for
such a requirement.

The need for consistency between the Corps and WVDEP with regard to how they
define projects and project areas, and when mitigation will or will not be necessary is crucial to
the operation of a smooth regulatory program. Without consistency, there can be no certainty,
and without certainty, investment of millions of dollars cannot be so easily committed. It is
why the West Virginia rule requires that practices be consistent with, not more
stringent than, its federal counterparts.

In the case of NWP 12 where linear projects are permitted, a ?single and complete
project? is every individual crossing. It is not the entirety of a utility line. Further, when
calculating threshold impacts, the sum of impacts for a single and complete project determines
whether a project must perform compensatory mitigation, not the sum total of impacts

Comments Page 32

associated with every crossing of a waterbody throughout the entirety of a pipeline project and
inclusive of numerous, separate NWP authorizations.

in this instance, it is clear that Corps has defined the scope of a project and has further
defined the circumstances under which compensatory mitigation will be required. The
proposed modifications are inconsistent with those requirements and must be
withdrawn pursuant to West Virginia?s own rules until such time as the Corps re?issues the
NWP 12 and new requirements may be considered by the Corps.

The proposed changes to Standard Condition No. 2 are inconsistent with
the intent of Executive Order No. 2~18

The proposed changes to Standard Condition No. 2 are inconsistent with the
state?s regulatory reform efforts and the intent of Executive Order No. 2?18.

After recognizing that excessively burdensome rules stifle economic growth and job
creation, (2) create barriers to entry in many industries and (3) discourage potential
entrepreneurs from introducing beneficial products and January 10, 2018,
Governor Justice issued an executive order that prohibits state agencies from changing current
regulations or adopting new regulations.

Justice?s "Regulatory Moratorium? provides that "all agencies shall suspend rule?making
action on any proposed rules that have not been filed with the Secretary of State?s office on or
before [January 10, 2018].? The moratorium, notably, does not apply to regulatory changes
meant to amend state rules to be no more stringent than federal rules, repeal existing rules, or
to reduce the impact of existing state rules.

By contrast, the current proposai put forth by the WVDEP is clearly more stringent than
federal requirements, is contrary to the state?s regulatory reform efforts, and should be
withdrawn. This proposal is inconsistent with the intent, if not the letter, of the regulatory
moratorium imposed by the Governor because it does not fall within one of the enumerated
exemptions.

The clear intent of Governor Justice?s Regulatory Moratorium Executive Order is to
immediately suspend any regulatory changes that result in additionai burdens on economic or
business development in West Virginia beyond that which is already mandated by federal law.

it cannot be clearer that the modifications proposed by the WVDEP represent a more
stringent regulatory regime than previously existed and much more stringent than required by
the Corps or which had been required previously by the WVDEP. The use of cumulative impacts
measured over several or hundreds of ?projects? as that term is defined by the Corps,
represents a significant divergence from prior practice resulting in more stringent requirements
and requirements which are not imposed by the federal government.

Comments Page 33

associated with every crossing of a waterbody throughout the entirety of a pipeline project and
inclusive of numerous separate NWP authorizations.

in this instance, it is clear that Corps has defined the scope of a project and has further
defined the circumstances under which compensatory mitigation will be required. The
proposed modifications are inconsistent with those requirements and must be
withdrawn pursuant to West Virginia?s own rules until such time as the Corps re?issues the
NWP 12 and new requirements may be considered by the Corps.

The proposed changes to Standard Condition No. 2 are inconsistent with
the intent of Executive Order No. 2-18

The proposed changes to Standard Condition No. 2 are inconsistent with the
state?s regulatory reform efforts and the intent of Executive Order No. 2?18.

After recognizing that excessively burdensome rules stifle economic growth and job
creation, (2) create barriers to entry in many industries and (3) discourage potential
entrepreneurs from introducing beneficial products and January 10, 2018,
Governor Justice issued an executive order that prohibits state agencies from changing current
regulations or adopting new regulations.

Justice?s ?Regulatory Moratorium? provides that ?all agencies shall suspend rule-making
action on any proposed rules that have not been filed with the Secretary of State?s office on or
before [January 10, 2018].? The moratorium, notably, does not apply to regulatory changes
meant to amend state rules to be no more stringent than federal rules, repeal existing rules, or
to reduce the impact of existing state rules.

By contrast, the current proposal put forth by the WVDEP is clearly more stringent than
federal requirements, is contrary to the state?s regulatory reform efforts, and should be
withdrawn. This proposal is inconsistent with the intent, if not the letter, of the regulatory
moratorium imposed by the Governor because it does not fall within one of the enumerated
exemptions.

The clear intent of Governor Justice?s Regulatory Moratorium Executive Order is to
immediately suspend any regulatory changes that result in additional burdens on economic or
business development in West Virginia beyond that which is already mandated by federal law.

it cannot be clearer that the modifications proposed by the WVDEP represent a more
stringent regulatory regime than previously existed and much more stringent than required by
the Corps or which had been required previousiy by the WVDEP. The use of cumulative impacts
measured over several or hundreds of ?projects? as that term is defined by the Corps,
represents a significant divergence from prior practice resulting in more stringent requirements
and requirements which are not imposed by the federal government.

Comments Page 34

For these reasons, the WVDEP should withdraw its modifications which pose a more
strict regulatory regime that existing federal counterparts.

iv. The proposed changes to Standard Condition No. 2 will create a significant
financial burden on operators

The modifications proposed by WVDEP represent a significant new burden upon
economic and business development. Where prior projects did not have to pay compensatory
mitigation for its business and economic development activities, now, hundreds ofthousands, if
not millions of dollars in additional expense and burden will be placed upon the business
community, including potentially public utility providers wishing to extend services resulting in
higher prices and potentially lost investment.

b. Standard Condition No.22

i. The WVDEP already has the authority to grant, grant with conditions,
waive, or deny 401 water quality certification and modification of Standard
Condition No. 22 is duplicative.

The WVDEP proposes the following changes to Standard Condition No.22:

The Secretary ofthe West Virginia Department of Environmental Protection may,
in his discretion, waive, change, or eliminate any of the Standard or Special
Conditions of State 401 Water Quaiity Certification Applicable to Nationwide
Permits where the applicant provides proof that it will employ a method or plan
that will be more environmentally protective than any of the Standard or Special
Conditions of State 401 Water Quality Certification Applicable to Nationwide
Permits.

WVDEP proposes to include a new condition, and language in an existing condition
granting the State discretion in choosing whether to waive, change or eliminate conditions of
State 401 WQCs. While Blue Racer is supportive of any changes would be beneficial to its
ability to expand its businesses and provide opportunity to West Virginians, it believes that
WVDEP in fact already has the authority to waive the requirements cited above. The State
already has this authority in the regulations governing 401 WQCs:

State may grant, grant with conditions, deny, or waive certification.?
W. Va. Code St. R. 

if the state has the explicit authority to waive a certification in its entirety, then it also
has the inherent authority to waive certain conditions. While appreciative, Blue Racer
maintains that the state already maintains the necessary authority and discretion within the
existing governing rule to grant these waivers.

c. Nationwide 12 Condition A

Comments Page 35

i. The WVDEP already has the authority to grant, grant with conditions,
waive, or deny 401 water quality certification, and modification of

Nationwide 12 Condition A is therefore duplicative.

The WVDEP proposes the following changes to NWP 12 Condition A:

Unless waived as provided in 33 U.S.C. 1341(a)(1), Individual State Water
Quality Certification is required for

i. Pipelines equal to or greater than 36 inches in diameter;

ii. Pipelines crossing a Section 10 river (unless the bore is greater than 100 feet
below the stream bed on the Ohio River mainstem, or greater than 50 feet
below the stream bed on all other Section 10 waters);

Pipelines transporting hazardous materials/substances as defined by the Toxic
Substances Control Act;

iv. Utility lines within wetlands that would use or consider the use of herbicides
for right-of-way maintenance;

v. Cumulative permanent impacts totaling greater than 200 linear feet. on one
side, of any stream identified in WQC Standard Condition 18 A, B, and herein;
vi. Cumulative permanent impacts on any one perennial or intermittent stream
totaling greater than 300 linear feet;

vii. Pipelines carrying separated natural gas liquids, unless installed with an
automated system which will indicate a sudden loss of pressure.

if the State waives 401 certifications pursuant to this provision, it reserves the
right to waive other 401 special conditions on NWP 12, but must do so in its
waiver letter.

WVDEP proposes to include a new condition, and language in an existing condition

d. Nationwide Permit 12 Special Condition 

granting the State discretion in choosing whether to waive, change or eliminate conditions of
State 401 WQCs. Consistent with the arguments set forth in response to Standard Condition
No. 22 above, Blue Racer, again, while appreciative of this proposed modification, maintains
that the WVDEP already has this authority as set forth in its legislative rules.

The state proposes the following modification to Nationwide Permit 12 Special

Condition C:

Individual stream crossings must be completed in a continuous, progressive
manner and within 72 hours during seasonal normal or below normal stream
flow conditions; provided, however, that dry cuts and other environmentally-
protective methods that require longer than 72 hours to complete that have

Comments Page 36

been approved by the Federal Regulatory Commission or the West Virginia
Public Service Commission are exempt from the 72?hour requirement. Crossings
on Section 10 rivers are exempt from the 72?hour requirement. In any event, all
stream activities shall be completed as rapidly as possible.

Blue Racer is again, generally supportive of changes to state regulatory requirements
which provide relief from overly burdensome regulations. While supportive, Blue Racer would
again incorporate its arguments from above that WVDEP already maintains the authority to
grant relief from the standard cited above.

5. Conclusion

Blue Racer thanks WVDEP for the opportunity to comment on the ?Modification of West
Virginia State 401 Water Quality Certification Conditions for US. Army Corps of Engineers 2017
Section 404 Nationwide Permits? and for its consideration to the comments and requested
modifications proposed above.

Blue Racer looks forward to working with WVDEP in the future to assist in the safe and
environmentally sound development of the oil and gas industry in West Virginia. lf WVDEP has
any questions regarding the content of this letter, the specific comments, or any other issue
related to the proposed conditions, please do not hesitate to contact us.

10

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Comments Page 39

Amanda B. "Mandy" Tornabene
Vice President Environmental Services
Dominion Energy Services. Inc.

Dominion
Energyt



5000 Dominion Boulevard, Glen Allen, VA 23060
DominionEnergycom

West Virginia Department of Environmental Protection
401 Water Quality Certi?cation Program

ATTN: Nancy Dickson

601 57th Street SE

Charleston, WV 25304?2345

Electronic Submission: emailed to: WI: 1.8L gm . go;

 

Date (Comment deadline - September 17, 2018)

RE: Modi?cation of West Virginia State 401 Water Quality Certi?cation Conditions and
standard conditions for US. Army Corps of Engineers 2017 Section 404 Nationwide
Permits

Dear Ms. Dickson:

Dominion Energy is one of the nation?s largest producers and transporters of energy, with a portfolio
of approximately 26,000 megawatts of electric generation; 14,800 miles of natural gas transmission
pipeline; 51,800 miles of natural gas distribution pipeline; 6,600 miles of electric transmission lines;
and 57,900 miles of electric distribution lines. We operate one of the largest natural gas storage
systems in the US. with 1 trillion cubic feet of capacity, and serve more than 6 million utility and
retail energy customers.

On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published in the Federal Register (82
FR 1860) the final rule for the administration of its nationwide permit (NWP) program regulations
under the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and the Marine
Protection, Research and Sanctuaries Act. The rule became effective on March 19, 2017. On April
13, 2011' the West Virginia Department of Environmental Protection (WVDEP) issued a 401 Water
Quality Certi?cation for the Corps NWPs, which speci?ed certain standard and special conditions to
allow the NWPs to be consistent with the State?s water quality standards to authorize the discharge of
dredged or ?ll materials into waters of the State.

On August 9, 2018, WVDEP issued a notice soliciting comment on proposed modi?cations to the
401 Certi?cation. Dominion Energy has reviewed the proposed modi?cations and generally supports
the effort but offers the following comment on the proposed modi?cation to Nationwide Permit 12
Special Conditions A and C.

Nationwide Permit 12 Special Conditions A and are being amended to clarify that Special
Condition A may be partially or entirely waived, and to clarify in Special Condition that
entrironmentally-protective pipeline river crossing methods that require longer than 72 hours may be
permitted, and that Section 10 rivers are exempt from the 72-hour requirement. Dominion Energy
supports the proposed change.

Page 1 of 2

Comments Page 40

The 72-hour condition assumes that a quicker crossing is inherently more protective. However,
this is not always the case. Certain dry crossing methods may reduce in-stream water quality
impacts but, depending on site-speci?c factors, may also take more time to complete. Thus, the
current 72-hour condition may actually interfere with more environmentally protective crossing
methods.

For example, a dry crossing using the cofferdam method or the dam and pump method to
temporarily divert the stream around the crossing section, reduces in-water work and in turn,
reduces turbidity. Both techniques provide a greater level of environmental protection than an
in-water crossing but may require more than 72 hours for completion. Thus, the 72-hour
condition may hamper innovation and limit the ability to perform the crossing in the least
environmentally impactful method practical. Dominion Energy supports the proposed change
because it provides ?exibility for project applicants to consider new measures based on resource
impact protection, not time.

Dominion Energy also requests clari?cation on the applicability of the 72-hour condition to
construction bridges. The bridges support construction of pipe crossings as well as other project
activities beyond the crossing itself (clearing, grading, trenching, stringing, stabilizing, etc.) by
providing access to otherwise inaccessible areas of a project. These bridges, which can include
rock fill over ?umes, are often installed well in advance of constructing the pipe crossings and
remain in place after the crossing is complete to facilitate the other project construction and
restoration activities. Dominion Energy does not believe that these bridges are subject to the 72?
hour condition, as they are not speci?cally installed solely for completion of the crossing, but
respectfully requests that DEP clarify this as part of its ?nal modifications to the 401
Certi?cation.

Dominion Energy appreciates the opportunity to comment. If you have any questions, please
feel free to contact me or Lisa Bea] (l.isa.S.Bcnl 

a
Amanda B. Tornabene

VP, Environmental Services

 

Page 2 of 2

Comments Page 41

Independent Oil and Gas Association of West Virginia, Inc.
Comments to Proposed "Modification of West Virginia State 401 Water
Quality Certification Conditions for U.S. Army Corps of Engineers 2017
Section 404 Nationwide Permits"
To:

401 Water Quality Certification Program
Attn: Nancy Dickson
601 57th Street SE
Charleston, WV 25304-2345
Via E-mail:

WQSComments@WV.gov

The Independent Oil & Gas Association of West Virginia, Inc. ("IOGA") appreciates the
opportunity to submit the following comments on the proposed Modification of West Virginia
State 401 Water Quality Certification Conditions for U.S. Army Corps of Engineers 2017
Section 404 Nationwide Permits ("Proposed Modification"). The Proposed Modification was
issued by the West Virginia Department of Environmental Protection ("WVDEP") on August 8,
2018, including a notice that written comments must be submitted to the 401 Water Quality
Certification Program by September 17, 2018. These comments are submitted without prejudice
to any member of IOGA submitting comments, including comments that may be inconsistent
with these comments, concerning the Proposed Modification.
Formed in 1959, IOGA is a statewide nonprofit trade association that represents
companies engaged in the extraction and production of natural gas and oil in West Virginia, as
well as the companies that support these extraction and production activities. IOGA was formed
to promote and protect a strong, competitive and capable independent natural gas and oil
producing industry in West Virginia, while also protecting the natural environment of our state.
IOGA has been in existence during times of boom and bust and its members have a long history
of driving innovation in exploration and development of West Virginia’s oil and gas reserves.
IOGA members operate in virtually every county in West Virginia and have a longstanding
tradition of working with state agencies to help regulators understand existing operations and
new innovations and how to reasonably and effectively regulate specific activities.
It is in this spirit of experience and partnership with WVDEP that IOGA offers these
comments.
I.

Summary of Comments

IOGA comments on each of WVDEP’s proposed revisions and additions to its water
quality certifications (“WQCs”) on the 2017 Nationwide Permits (“NWPs”) are summarized here
with detailed explanations of these comments follow this summary section.

1

 Comments Page 42

II.



WVDEP’s proposal for Standard Condition 2 is not simply a clarification. It would
impose entirely new requirements on permittees that were not subject to public
review and comment or approved by the U.S. Army Corps of Engineers ("USACE")
for use in the 2017 NWPs. WVDEP’s proposal therefore amounts to a new condition.
As such, WVDEP must wait to propose its new condition until the 2022 iteration of
the NWPs.



If finalized by WVDEP and approved by USACE for use under the 2017 NWPs, the
new Standard Condition 2 would result in mitigation obligations that are cost
prohibitive for many projects across various industries in West Virginia and drain the
supply of readily-available mitigation that is available in West Virginia, the lack of
which has the impact of slowing permit approvals and delaying project deadlines.



Proposed new Standard Condition 22 is merely a restatement of WVDEP’s
interpretation of its authority under Section 401 of the Clean Water Act (“CWA”). It
would impose no requirements or limitations on the use of 2017 NWPs or on the
State’s related WQCs. As a result, the proposal does not qualify as a “condition” and
should not be incorporated into the WQCs as one.

Specific Comments to Proposed Modifications
A.

The Proposed Modification to Standard Condition 2 Should Be Withdrawn

IOGA opposes the proposed dramatic expansion of Standard Condition 2 to require proof
of compensatory mitigation for a permitted linear activity based upon the cumulative total of all
permanent stream impacts greater than 300 linear feet or causing the loss of greater than 1/10
acres of wetlands. The proposed language is inconsistent with the regulations of USACE and the
NWP program, and it amounts to the imposition of an entirely new standard on the WQCs over a
year after those certifications took effect. For the reasons explained in detail below, IOGA
respectfully requests that the proposed revisions to Standard Condition 2 be withdrawn.
1. Background
On January 6, 2017, the USACE issued its final 2017 NWPs. 2017 NWPs, 82 Fed. Reg.
1860 (Jan. 6, 2017). In conjunction with the issuance of the 2017 NWPs, WVDEP issued
blanket 401 water qualify certifications for many of those permits, including NWPs 12 (Utility
Lines) and 14 (Linear Transportation Projects). See USACE Reissuance and Issuance of
Nationwide Permits with WVDEP 401 Water Quality Certifications, Public Notice LRH-201600006-WV (May 17, 2017). To ensure that its blanket certifications comply with the
requirements of CWA Section 401, WVDEP imposed both Standard Conditions on all of those
WQCs and Special Conditions on its WQCs for particular nationwide permits. WVDEP is now
proposing to modify one of those conditions, Standard Condition 2, and add an altogether new
Standard Condition.
WVDEP’s Standard Condition 2 currently states that “[t]he applicant must provide proof
of compensatory mitigation (as outlined in Standard Condition 19 below) to WV DEP DWWM
prior to construction for a project with permanent stream impacts greater than 300 linear feet or
2

 Comments Page 43

causing the loss of greater than 1/10 acre of wetlands.” Relying on the USACE’s Section 404
implementing regulations, the 2017 NWPs, and the plain language of Standard Condition 2 itself,
members of various industry across West Virginia and the USACE have interpreted that
provision to require proof of compensatory mitigation only if any single and complete crossing
of a water of the U.S. by a pipeline or road project meets that impact threshold. However,
WVDEP has taken the position that Standard Condition 2 applies whenever the cumulative
impacts to all waters of the U.S. from all crossings associated with a pipeline or road project
meet that threshold. As a result, WVDEP has requested that project applicants provide proof of
compensatory mitigation when a pipeline or road’s cumulative permanent impacts exceed 300
linear feet of streams or 1/10 acre of wetlands even if no single crossing of a stream or wetland
individually causes that amount of impact. Notwithstanding WVDEP’s requests, the USACE
has made clear that it disagrees with the state and continues to issue NWP verifications for these
projects without requiring the permittee to provide proof of compensatory mitigation.
2. WVDEP’s Proposed Revisions to Standard Condition 2 Are Invalid
WVDEP proposes to revise Standard Condition 2 in order to support a new interpretation
that the current language cannot sustain – namely, that the WQCs’ mitigation requirement is
triggered based on the cumulative impacts from separate “single and complete” linear projects.
The state asserts that the proposed revisions simply would clarify the text of Standard Condition
2 to make it better reflect WVDEP’s longstanding interpretation rather than give a new, different
meaning to the provision. That position is implausible, however. As explained in greater detail
below, the current version of Standard Condition 2 can be interpreted only one way: to require
mitigation whenever a single and complete linear crossing of a stream or wetland causes
permanent impacts of at least 300 linear feet or 1/10 acre. As a result, WVDEP’s proposed
revisions amount to imposing an entirely new Standard Condition on the blanket certifications
for the 2017 NWPs – a condition that the public never had an opportunity to comment on and
that the USACE never approved. Under Section 401 of the CWA and the USACE’s
implementing regulations, that may not be accomplished by simply “modifying” the language of
Standard Condition 2. WVDEP instead must wait until the next iterations of the NWPs in 2022
to propose its new standard condition for the consideration of the public and USACE.
The importance of not revising these regulations midstream of their promulgation cannot
be overstated here: project planning often requires years of advance work from various
perspectives, be it operational, financial, or permitting planning. Adding this requirement now
will create absurd consequences, and harried retroactive planning and cleanup that will hinder
West Virginia industry.
a. WVDEP’s proposed revisions reflect a new interpretation of Standard
Condition 2
WVDEP maintains that it is revising the language of Standard Condition 2 simply to
clarify its existing interpretation of the provision. The state’s position is unconvincing, however.
For the reasons explained below, the current text of Standard Condition 2 cannot support the
interpretation that the revised version would demand. As a result, WVDEP’s proposal would
create a new Standard Condition on the 2017 NWPs that the USACE has never approved.

3

 Comments Page 44

WVDEP’s new interpretation does not apply to the current version of Standard Condition
2 because it is inconsistent with the USACE’s CWA regulations governing the NWP program
and the language of the 2017 NWPs to which the interpretation purportedly applies. The
USACE’s NWP program is designed to streamline the CWA Section 404 permitting process by
authorizing certain categories of activities that have minimal adverse effects on the environment.
33 C.F.R. § 323.2(h)(1). NWPs are available to “single and complete projects,” defined as the
total project proposed by one owner/developer or partnership or other association of
owners/developers. Id. § 330.2(i). For linear activities, such as pipelines and roads, each
individual crossing of a separate water of the U.S. is considered a “single and complete project”:
For linear projects, the ‘single and complete project’ (i.e., single and complete
crossing) will apply to each crossing of a separate water of the United States (i.e.,
single waterbody) at that location; except that for linear projects crossing a single
waterbody several times at separate and distant locations, each crossing is
considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly-shaped wetland
or lake, etc., are not separate waterbodies.
Id.; see also 2017 NWPs, 82 Fed. Reg. at 1951. Accordingly, the USACE defined “single and
complete linear project” in its 2017 NWPs to mean “a project constructed for the purpose of
getting people, goods, or services from a point of origin to a terminal point, which often involves
multiple crossings of one or more waterbodies at separate and distant locations” and explained
that “each crossing is considered a single and complete project for purposes of NWP
authorization.” Id. at 2007. That is because “each crossing . . . is needed for the single and
complete linear project to fulfill its purpose of transporting people, goods, and services from the
point of origin to the terminal point.” Id. at 1905.
As a result, for both pipelines and roads, which are authorized under NWPs 12 and 14
respectively, the USACE grants a permit for each separate and distant crossing of a stream or
wetland. See NWP 12, Note 2; NWP 14, Note 1. To determine whether each separate “single
and complete” waterbody crossing of a pipeline or road qualifies for an NWP, the USACE
calculates the area of impacts of that crossing on only the particular waterbody that it crosses. 82
Fed. Reg. at 1951 (“The acreage limit for an NWP applies to the single and complete project; for
linear projects each separate and distant crossing of waters of the United States is considered a
single and complete project.”). The USACE considers the cumulative impacts from linear
activities only to determine whether they “have more than minimal individual or cumulative net
adverse effects on the environment” and therefore would be ineligible for authorization under an
NWP. 33 C.F.R. § 330.1(d)-(e). Otherwise, it views each individual crossing as distinct.
The USACE’s definition of the term “single and complete project” and incorporation of
that definition into the 2017 NWPs demonstrate that Standard Condition 2 does not support
WVDEP’s new interpretation of Standard Condition 2. Standard Condition 2 states that proof of
mitigation must be provided for “a project” with permanent stream or wetland impacts exceeding
the threshold amount. But WVDEP has never suggested until now that its reference to “project”
in Standard Condition 2 means something different than the USACE’s interpretation of that term
in its CWA regulations and the 2017 NWPs. As a result, Standard Condition 2 must be read
against the backdrop of and interpreted consistently with the USACE’s regulations and 2017
NWPs – into which the USACE incorporated the WQC conditions. See 33 C.F.R. § 330.4(c)(2)
4

 Comments Page 45

(USACE will incorporate WQC conditions as NWP permit conditions that are applicable to
discharges into waters within that state.); W. Va. Code R. § 47-5A-3.3 (WQCs are “terms and
conditions” of section 404 permits.); Ritter v. Cecil Cty. Office of Hous. & Cmty. Dev., 33 F.3d
323 (4th Cir. 1994) (no deference accorded to state agency’s interpretive rules that are “contrary
to the [federal] statute or regulation”); Yelder v. Hornsby, 666 F. Supp. 1518, 1520-21 (M.D.
Ala. 1987) (“unambiguous language” of federal regulation controls in face of inconsistent state
interpretation). In other words, Standard Condition 2 must be interpreted consistently with the
USACE’s regulations and the 2017 NWPs to mean that an “applicant must provide proof of
compensatory mitigation . . . to WV DEP DWWM prior to construction for a [single and
complete] project with permanent stream impacts greater than 300 linear feet or causing the loss
of greater than 1/10 acre of wetlands.”
WVDEP’s new interpretation also is contrary to other provisions of its blanket WQCs,
particularly Standard Condition 19.B, which is cross-referenced by Standard Condition 2.
Standard Condition 19.B directs that “[t]he amount of fill in a wetland, wetland complex or
wetland system without mitigation is not to cumulatively exceed 1/10 acre.” This Standard
Condition 19.B would be redundant, and thus superfluous, under WVDEP’s new interpretation
of Standard Condition 2. By including Standard Condition 19.B in its WQCs, the state plainly
signaled that it intended the provision to have independent meaning; that it was necessary to
ensure that impacts from the separate and distant crossings of a single wetland, wetland complex,
or wetland system are considered cumulatively for purposes of determining whether mitigation is
required. But that would be unnecessary if Standard Condition 2 already required the impacts
from all crossings to be viewed cumulatively and then mitigated. Moreover, by referring to
“cumulative” impacts in Standard Condition 19.B but only to “impacts” in other WQC
conditions, WVDEP demonstrated that it understands the difference between the two terms.
Standard Condition 2 refers only “impacts,” however. The state therefore cannot reasonably
assert that its reference to “impacts” in the current version of Standard Condition 2 actually was
intended to mean “cumulative impacts.” See, e.g., U.S. v. General Motors Corp., 702 F. Supp.
133, 138 (N.D. Tex. 1988) (dismissing EPA Clean Air Act enforcement action when agency
attempted to read new meaning into its State Implementation Plan because, if EPA wanted a
provision to have a certain meaning, “then the EPA knows how to say so, and should say so
through a SIP revision”).
Finally, in addition to the textual and contextual bases showing that WVDEP is proposing
to revise Standard Condition 2 to allow a new interpretation, there is another reason for
concluding this: the USACE rejects the state’s new interpretation under Standard Condition 2 as
drafted. The USACE is the ultimate arbiter on the approval of WQC-based conditions that states
propose to incorporate into NWPs. 33 C.F.R. § 330.4(c)(2). Here, the USACE approved
WVDEP’s 401 WQCs and their attendant conditions for use in the 2017 NWPs. Now, however,
USACE refuses to recognize or enforce the state’s new interpretation of Standard Condition 2
notwithstanding WVDEP’s specific requests for USACE to do so. That shows not only that
USACE disagrees with WVDEP’s interpretation of Standard Condition 2, but also that it never
approved that interpretation for use under the 2017 NWPs. Accordingly, WVDEP’s proposed
revisions amount to a proposal to add an entirely new Standard Condition to its certifications on
the NWPs – over a year after they took effect.

5

 Comments Page 46

b. WVDEP cannot adopt a new Standard Condition at this time
As explained above, WVDEP’s planned revisions represent a proposed new Standard
Condition for the 2017 NWPs, not a clarification of a condition that the USACE already
approved. The USACE’s regulations governing 401 WQCs for the NWP program do not
contemplate a state revising its WQCs after USACE approved them or provide a mechanism for
such revisions, however. See 33 C.F.R. § 330.4. As a result, WVDEP’s proposal must be
treated as a proposal to withdraw and resubmit its blanket WQCs. That is not a viable approach
for imposing a new after-the-fact condition under the CWA Section 401 program.
The USACE’s NWP regulations make clear that WVDEP should wait until the next
iterations of the NWPs in 2022 to take the steps that the state now proposes; otherwise, the
USACE may ignore WVDEP’s request and continue to apply the 401 WQCs as originally
drafted and approved:
Where a state, after issuing a 401 water quality certification for an NWP,
subsequently attempts to withdraw it for substantive reasons after the effective
date of the NWP, the division engineer will review those reasons and consider
whether there is substantial basis for suspension, modification, or revocation of
the NWP authorization as outlined in § 330.5. Otherwise, such attempted state
withdrawal is not effective and USACE will consider the state certification to be
valid for the NWP authorizations until such time as the NWP is modified or
reissued.
33 C.F.R. § 330.4(c)(7). WVDEP’s proposal attempts to sidestep the USACE regulatory
framework for addressing such changes to WQCs. That is impermissible.
Moreover, it would be imprudent for WVDEP to take action that might result in a
withdrawal of its WQCs for the 2017 NWPs. Such a withdrawal would mean that WVDEP is
required to issue individual WQCs for the hundreds of activities in the state each year that
require authorization under each of those permits. That would entail an enormous effort and
commitment of financial and staffing resources that WVDEP does not have. Further, it would
almost certainly mean that issuance of individual WQCs would be delayed, giving the USACE
an opportunity to find that the state has waived its certification for the activity in question:
In instances where a state has denied the 401 water quality certification for
discharges under a particular NWP, permittees must furnish the district engineer
with an individual 401 water quality certification or a copy of the application to
the state for such certification. For NWPs for which a state has denied the 401
water quality certification, the district engineer will determine a reasonable period
of time after receipt of the request for an activity-specific 401 water quality
certification (generally 60 days), upon the expiration of which the district
engineer will presume state waiver of the certification for the individual activity
covered by the NWPs. However, the district engineer and the state may negotiate
for additional time for the 401 water quality certification, but in no event shall the
period exceed one (1) year (see 33 CFR 325.2(b)(1)(ii)).

6

 Comments Page 47

33 C.F.R. § 330.4(c)(6). In light of the USACE’s stated disagreement with the state’s new
interpretation, it is reasonable to expect that it would liberally exercise this waiver authority and
would not be inclined to grant requests for time extensions that would throw its NWP program
into chaos.
3. If Approved by WVDEP, Revised Standard Condition 2 Would Have
Unacceptable Consequences
As discussed above, the USACE incorporated the “single and complete” project concept
into the NWP program in recognition of the fact that linear activities, like pipelines and roads,
typically must traverse at least several different waterbodies from their origin to their terminus.
But the USACE understands that those crossings each have independent utility and that they
cause no more than minimal adverse environmental effects both individually and cumulatively.
As a result, the USACE permits each linear crossing separately. Otherwise almost no linear
activities could meet the areal impacts thresholds of the respective NWPs despite posing no
appreciable risk of adverse impacts. WVDEP’s proposal for Standard Condition 2 would require
mitigation for linear activities based on an arbitrary aggregation of impacts from separate
projects crossing distinct waters. While we oppose that proposal and believe it would be
unlawful for the WVDEP to adopt it now, it is important for the state to understand the
implications if revised Standard Condition 2 were incorporated into the 2017 NWPs. For the
following reasons, the new condition would impose severe mitigation obligations that would be
cost prohibitive to not only many energy projects, but to many projects across industry sectors in
West Virginia, and would deplete the supply of mitigation that is available for offsetting impacts
under state law.
As the WVDEP is aware, the USACE 2008 Mitigation Rule (40 CFR Part 230) requires
that proponents utilize mitigation banks over in-lieu fee arrangements and the Permitee
Responsible Mitigation program, because the mitigation bank restoration has been established
and implemented resulting in no temporal loss of resources for which the applicant is mitigating
(“no-net loss” of wetlands). Additionally, we have concerns regarding the availability of USACE
credits and ability to use those for mitigation not required by USACE. WVDEP is also aware,
private mitigation banks also have a limited reserve of credits. Importantly, from a cost
perspective, a road project with 600 feet of linear impacts could require a project proponent to
pay upwards of $300,000 to the State of West Virginia. The resulting impact is that industries
will end up paying tens of millions, if not hundreds of millions, of dollars to the state for
compensatory mitigation it was not required to pay when the 2017 NWPs WQCs were finalized.
Moreover, to the extent that the only reasonably available mitigation for a particular
project comes from the Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS)
ledger, that mitigation likely could not be used under USACE policy. As provided in USACE’s
Regulatory Guidance Letter 92-04 (Sept. 1992), any condition that would “require the Corps or
another Federal agency to take an action [the agencies] would not otherwise take and do not
choose to take, would be clearly unacceptable.” Because the USACE has made clear that it
disagrees with WVDEP’s position, revised Standard Condition 2 would be contrary to this
policy.

7

 Comments Page 48

4. WVDEP Must Not Propose Environmental Provisions More Stringent Than
The Federal Counterpart
The West Virginia Legislature has established the public policy in W. Va. Code §22-1-3a
that legislative rules "may include new or amended environmental provisions which are more
stringent than the counterpart federal rule or program to the extent that the director first provides
specific written reasons which demonstrate that such provisions are reasonably necessary to
protect, preserve or enhance the quality of West Virginia's environment or human health or
safety, taking into consideration the scientific evidence, specific environmental characteristics of
West Virginia . . . ." As described in detail above, the WVDEP proposed expansion of Standard
Condition 2 is more stringent than the counterpart federal rule or program. However, WVDEP
has failed to provide any reason or basis for setting more stringent requirements, much less
"specific written reasons which demonstrate such provisions are reasonably necessary." As
noted above, it is clear that the proposed expansion of Standard Condition 2 that is more
stringent than the federal program is unnecessary and costly to West Virginia businesses utilizing
NWPs 12 and 14. The West Virginia Legislature has clearly expressed a policy for following
federal program standards in the absence of "specific written reasons which demonstrate that
such provisions are reasonably necessary." No such specific written reasons have been offered
and none are reasonably necessary. Accordingly, IOGA respectfully urges WVDEP to withdraw
the proposed revisions expanding Standard Condition 2.
B.

Proposed Standard Condition 22 is Unnecessary and Miscast as a
“Condition.”

WVDEP’s proposed new Standard Condition 22 is not a permit condition. Rather, the
proposal simply restates WVDEP’s view of its authority under Section 401 of the CWA. As a
result, we request that WVDEP strike proposed Standard Condition 22 and continue to rely on its
statutory and regulatory authority to implement the 401 WQC program.
Under WVDEP’s Section 401 implementing regulations, the state defines “condition” to
mean “limitations and monitoring requirements that assure that any applicant for a federal
license or permit will comply with all applicable federal and State laws including water quality
standards.” W. Va. Code R. § 47-5A-2.6. Standard Condition 22 does not satisfy the criteria to
be considered a “condition.” As drafted, Standard Condition 22 would provide that WVDEP
may “waive, change or eliminate any of the Standard or Special Conditions of State 401 Water
Quality Certification Applicable to Nationwide Permits” as long as an applicant provides proof
that “it will employ a method or plan that will be more environmentally protective than any of
the Standard or Special Condition.” This proposal is neither a “limitation” nor a “monitoring
requirement.” It is a summary of WVDEP’s interpretation of its authority under the Section 401
program. Accordingly, WVDEP cannot propose it as a “condition” on its blanket WQCs, and
the USACE has no authority to codify the state’s legal interpretation in its NWPs.
However, if WVDEP elects to incorporate proposed Standard Condition 22, IOGA
requests that the phrase "more environmentally protective" be modified to "no less
environmentally protective." An applicant should not be required to fulfill a higher standard than
that required by the Standard and Special Conditions in order to utilize an alternative method or
plan.
8

 Comments Page 49

IOGA requests that these comments be given serious and careful consideration and would
be willing to meet with the WVDEP to discuss these comments.

Respectfully Submitted,
Independent Oil and Gas Association of
West Virginia, Inc.
By:
Its:

9

Charlie Burd
Executive Director

 Comments Page 50

DEP WQS Comments
From:
Sent:
To:
Subject:

Kirk Sorensen <kirkdebs@frontiernet.net>
Friday, September 7, 2018 2:18 PM
DEP WQS Comments
401 Water Quality Permit requirements comment

I vote against removing the 72 hour construction time period river crossing requirement. In fact, 72 hours is too long.
River crossings should be higher than river traffic, not hidden and unobserved below the river bed. River water is highly
corrosive, especially near old coal mines.
Kirk Sorensen
Chemical Engineer
1970 Old Dry Branch Road
Valley Head, WV 26294

1

 Comments Page 51

Mountain
Valley

PIPELINE Lu:

September 17, 2018

401 Water Quality Certification Program
Nancy Dickson

601 57th Street SE

Charleston, WV 25304-2345

RE: Comments on West Virginia Department of Environmental Protection?s
Proposed Modi?cation to Clean Water Act Section 401 Water Quality
Certi?cation for the US. Army Corps of Engineers 2017 Nationwide Permits

Dear Ms. Dickson:

The Mountain Valley Pipeline, LLC (MVP) appreciates the opportunity to submit
comments on West Virginia Department of Environmental Protection?s (WVDEP) proposed
modi?cation to its Clean Water Act (CWA) Section 401 Water Quality Certi?cation (WQC) for
the US. Army Corps of Engineers? (Corps) 2017 Nationwide Permits (NWPs). MVP supports
these common-sense revisions, which provide the State and the Corps with the necessary
?exibility to authorize activities that have only minimal impacts on the aquatic environment
through the streamlined and efficient NWP permitting process. The availability and usefulness
of NWPs is essential to meeting the nation?s energy demands in a timely and safe manner.
Indeed, Congress designed the NWP program to promote administrative ef?ciency and provide
timely and streamlined authorizations for projects that have only minimal adverse environmental
effects. The proposed modi?cations to WQC further these important goals.

MVP is a joint venture to construct and operate a new 42?inch-diameter natural gas
pipeline system running 303 miles from Wetzel County, West Virginia to County,
Virginia. Once constructed, the MVP project will allow gas owners and producers in Central
Appalachia to serve a growing demand for natural gas in the Mid-Atlantic, Southeast, and
Appalachian regions of the United States.

The MVP project is designed to avoid or minimize impacts to wetlands and waterbodies.
Due to the linear nature of the project, however, some wetlands and waters along the pipeline?s
course will be impacted during construction, requiring CWA Section 404 authorization. The
proposed activities meet the terms and conditions of NWP 12. West Virginia?s general WQC for
NWP 12, issued on April 13, 2017, includes a series of standard and speci?c conditions
governing the use of NWP 12 in West Virginia. In particular, Special Condition C, which has
been in place since 2002, requires certain crossings to be completed within 72 hours.

Comments Page 52

The environmental review process for the MVP project began in October 2014. The
Federal Energy Regulatory Commission (FERC) issued a comprehensive draft Environmental
Impact Statement and solicited public comment on the proposed project. FERC addressed a
comment regarding the ?wet? open-cut crossing method MVP originally proposed. In response,
MVP agreed to use more environmentally protective ?dry? crossing methods, which would result
in substantially lower levels of turbidity and sedimentation. The Corps and WVDEP approved
this more environmentally protective method, recognizing that, for four major crossings, the 72?
hour provision would be exceeded. The agencies agreed, however, that use of the ?dry,? open-?
cut technology was appropriate because it would be more protective of water quality than any
technology that might meet the general time requirement in Special Condition C.

WVDEP proposes to modify Special Condition to avoid any interpretation of the
condition that would limit the use of more protective crossing techniques for future NWP
authorizations. Although there is a limited record explaining why Special Condition was
initially adopted, it has generally been understood to act as a proxy for limiting turbidity. In
practice, however, the 72-hour restriction is contrary to that goal because it fails to account for
modern technologies (such as dry crossing methods) that better protect the environment and
reduce turbidity and sedimentation, but may take longer to complete.

This type of time restriction for crossings is unique to West Virginia. Based on our
review, no other State east of the Mississippi River has adopted a similar time restriction in their
WQCs for the 2017 NWP 12. Many states actually mandate dry crossings. For example:

I ?Authorized dewatering is limited to immediate work areas that are within coffer dams or
otherwise isolated from the larger waterbody or waters of the United States.? New York
State Department of Environmental Conservation?s Section 401 Blanket WQC, General
Condition 6.1

0 ?Utility line stream crossings shall be constructed by methods that maintain flow and
allow for a dry excavation.? Commonwealth of Kentucky, General Certi?cation NWP
l2,Condition 13.2

?All work in or adjacent to streams shall be conducted so that the ?owing stream does not
come in contact with the disturbed area. Approved best management such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to
minimize excavation in flowing water.? State of North Carolina, Department of
Environmental Quality, Water Quality General Certi?cation for NWP 12, No. 4133,
General Condition 9.3

- ?Cofferdam dewatering activities must use ?lter bags, upland sediment basins/traps, or a
combination of other appropriate sediment control measures to minimize the discharge of

 

lAvailable at ei operations 
3Available at :llwater.k . ov/ rmittin (if.

3 Available at 3091/Pa2el .asnx.

2

Comments Page 53

sediment-laden water into waters of the Indiana Department of Environmental
Management, WQC for 2017 

Other states do not mandate dry crossings, but they also do not impose a speci?c time
restriction. See, Ohio Environmental Protection Agency, Section 401 Water Quality
Certi?cation for the 2017 Commonwealth of Virginia, Department of Environmental
Quality, Section 401 Water Quality Certi?cation of the 2017 

The environmental benefits of dry crossing techniques that exceed 72 hours are
significant." One study found that while the ?dry? cut (or ?isolated?) crossings took three to ?ve
times longer than the wet cut crossings, ?mean [total suspended solids] concentrations during all
phases of open-cut [wet] crossings were signi?cantly higher than [isolated crossings] Reid, et
al. at 86-87 (2004). The study further concluded that ?large increases to [sediment]
concentrations were rare during dam and pump [dry] crossings." Id. at 87.

MVP supports proposal to clarify and update Special Condition to allow
more environmentally-protective methods for stream crossings. The proposed modi?cations
would allow the Corps to tailor future NWP authorizations to achieve greater water quality
protection and ensure the availability and use of NWPs for critical and time sensitive energy
projects in the State. MVP also suggests that WVDEP specify that the changes to Condition 
are available for projects that have already been veri?ed by the Corps to meet the terms and
conditions of NWP 12, upon the Corps? agreement to accept, or approval of, 
modi?cation of its 401 WQC.

Finally, MVP supports proposed changes to Special Condition A for NWP 12,
which aligns 401 WQC for NWP 12 with Section 401 of the CWA. Section 401
con?rms that where a State fails to act on an application for a 401 certi?cation within one year,
the requirement for the applicant to obtain a certification is waived. 33 U.S.C. 1341(a).

Sincerely,
Joseph M. Dawley
Deputy General Counsel, Public Policy and Environmental

EQT Corporation
Mountain Valley Pipeline, LLC

 

4 Available at ovlidem/wetlands/?lesisection 401 arm co nationwide ermits. (if.

5 Available at
a.ohio. oleortals/3SI401/Final%208i ned%20401%20W df.

6 Available at
ulator lIssuedPermits/401 Certi?cation 2017 NWP 7A ri1201
7-04-1 l-100044-330.

7 See, Reid, et al., Sediment Entrainment Daring Pipeline Water Crossing Construction: Predictive
Models and Crossing Method Comparison, 8 J. Envtl. Eng. Sci. 81 (2004); Reid, el al., Efectiveness of Isolated
Pipeline Crossing Techniques to Mitigate Sediment Impacts on Brook Trout Streams, Water Quality Resource
Journal of Canada, Vol. 37, No. 2. (2002).

 

 

 

Comments Page 54

August 10, 201 

Ms. Nancy Dickson 405 2 0

401 Water Quality Certi?cation Program 40 20/8
601 57* Street SE . 7 

Charleston, West Virginia 25304-2345 OGRA 

Dear Ms. Dickson,

I am writing to you concerning the Public Notice about a revision to the State
Water Quality Certi?cation.

I may be mistaken, but I suspect that this is being done to allow Mountain Valley
Pipeline Project (MVP) and other Such pipelines to continue their project(s) crossing our
West Virginia waters.

Ifthis is true, you must be honest and state that this revision you are requesting is
to allow the discharge of dredged or ?ll materials into waters of the state of West Virginia
that was not previously allowed.

This would include the massive construction of giant pipelines such as the 42?
Mountain Valley Pipeline Project that is currently on hold.

I have brought water concerns to the attention of many agencies including your
agency in the past. Attached is a copy of a letter dated April 3, 2016 and a letter dated
March 27, 2017 mailed to the following address:

Division of Water and Waste Management

West Virginia Department of Environmental Protection
not 57'? Street SE

Charleston, West Virginia 25304

We have springs, streams and rivers that you can see above ground and we also
have underground streams and rivers that cannot be seen from above. These unseen
flows of water underground are the life Support to everyone living in Monroe County.
Personally, ail my families water needs are met by a wonderfirl spring on the side of
Peters Mountain. Disruptions at the surface could very well divert the underground flow
of spring water Our Peter?s Mountain karst water is UNIQUE and quali?es to be
protected by the WVDEP from contamination.

West Virginia Slate Code ?22-l2-4. This code provides the WV Environmental
Quality Board (and subsequently WVDEP) with the authority to ?set standards more
restrictive than the maximum contaminant levels where it ?nds that such standards are
necessary to protect drinking water use where scienti?cally supportable evidence
re?ects factors QUE to West Virginia or some area thereof, or to protect other
bene?cial uses of the groundwater.?

Please take my letter seriously and the information provided in the attached letters
seriously. I do not feel your agency realizes the harmful effect to many people if you
revise to allow the discharge of dredged or fill materials into our waters. Thank you.
Sincerely,

Mrs. Shirley Hall rj/QLU?ly 745255

7489 Back Valley Road
Lindside, WV 24951
304?772-4339

Comments Page 55

March 29, 2017

Director

Division of Water and Waste Management

West Virginia Department of Environmental Protection
601 57th Street SE

Charleston, West Virginia 25304

ATTENTION: 401 certi?cation Program

I recently received your letters regarding the 42? MVP pipeline. This pipeline is set to go through Monroe
County, West Virginia, speci?cally over Peters Mountain.

We received the following information from FERC recently. It appears our home and land are now in the
proposed route modi?cation. As such we are writing to appeal this certi?cation within 15 days of receiving your
letters. We are also appealing not just for ourselves, but for others living in Monroe COunty. Our water is our life.

. After tire issuance of the draft BIS, Mountain Valley ?led a number of
rumor pipeline mute modi?cations on October 14, 2016. You are receiving this
letter because Mountain Valley identi?ed you as a landowner along one or more
of the route modi?cation segments and We want to ensure that you are aware of
the. FERC review process and how to provide input.

Mountain Valiey made the modi?cations to its proposed pipeline route to
address recommendations in the draft BIS, landowner requests, or for engineering
reasons. Route modi?cations geater than {LS-mile in length are listed in the table
attached to this letter. In a letter dated October 14, .2016, Mountain Valley
noti?ed affected landowners about the proposedroute modifications.

. FERC staff is currently preparing the ?nal EIS that will address the
envuonrnental inmacte of constructing and operating the facilities proposed by
Mountain Valley. This ?nal will be usedrby the Commission in its decision-
making process to determine Whether the Project is in the public convenience and


Most of the people living in Monroe County get their water from Peters Mountain. This karst landscape is
unique. We get our water from a spring on Peters Mountain that provides water to seven households. All of us use
spring water for all our needs; drinking, cooking, bathing, cleaning, gardening, livestock, etc. This is normal life for
many of us living in a rural setting.

Attached is a letter sent to WVDEP Division of Water and Waste Management on April 8, 2016 explaining
our water situation. At that time, I requested a public hearing. I never received a reply.

There are other issues that could directly affect us and our water. The following cumulative geologic hazards
and environmental consequences are located between MP 165 to MP 230 called the GCSZ (Giles County Seismic
Zone). This area covers Summers Monroe Counties, West Virginia, Jefferson National Forest, Appalachian
National Scenic Trail and Giles, Craig Montgomery Counties, Virginia. The Allegheny Trail also intersects with
the Appalachian National Scenic Trail in Monroe County.

MVP rejected their original route (alternative 1) due to insurmountable construction challenges as well as a
high risk of slope failure and pipeline slips, once the pipeline was to be in operation. The current preposed route has
120 miles of steep slope, 122.8 miles of side slope and crosses 214.9 miles of shallow bedrock (table 

Comments Page 56

The following cumulative geoIOgic hazards information is taken directlv from the DEIS:

 

 

4.1.2.3 Seismicity and Potential for Soil Liquefaction In the area of the GCSZ (Giles County Seismic Zone),
between about Ms 165 to 230, peak ground accelerations approach 14 percent of the force of g, and the potential for
a magnitude 5.8 earthquake exists. . .The potential for soil liquefaction exists mainly in the area of the GCSZ

4.1.2.4 Slopes and Landslide Potential The potential for landslides or slope failure could be triggered by
seismicity from the GCSZ or from intense and/or prolonged rainfall events. Geology 4?41 The areas that would be
crossed within the Jefferson National Forest by the MVP contain slopes greater than 30 percent and the potential for
landslides within the Jefferson National Forest would be moderate to high.

4.1.1.7 Jefferson National Forest Landslides are a dominant geologic process shaping Peters Mountain, Sinking
Creek Mountain, and Brush Mountain. The largest known landslides in eastern North America are on the south ?ank
of Sinking Creek Mountain- . .where the pipeline route would cross the Jefferson National Forest.

4.2.2.4 Slip-Prone Soils Soils 4?68 Certain soil types such as shale or clay soils are more prone to slipping than other
soils. Due to this increased potential for slipping, the probability of landslides is increased when constructing through
slip prone soils. The Gilpin-Peabody complex, 35 to 70 percent slopes, Carbo, aywood, Frederick, Nolichucky,
Poplimento, and Sequoia soils are considered to be slip-prone. The MVP would affect about 17.5 of these
soils between NIP 172 and 196. In Virginia 290.2 of these soils would be affected from approximately MP
196 to 235 (W172 to 235)

4.1.2.5 Karst Terrain Karst features, such as sinkholes, caves, and caverns can form as a result of the long?term
action of groundwater on soluble carbonate The risk of the development of sinkholes along the pipeline is
relatively high between about MP5 171 and 237.

4.1.1.5 Karst Topography In total, 94 instances of karst features were identi?ed within Summers and Monroe
Counties, WV and Giles, Craig, and Montgomery Counties, VA.

4.1.1.2 Bedrock Geology Karst terrain also occurs in the carbonate (limestone and dolostone) rocks found in the
project area from approximate MS 170 to 237.

4.3.1.1 Groundwater in Karst Terrain is present along the MVP pipeline route in Summers and Monroe
Counties of West Virginia, as well as in Giles and Montgomery Counties of Virginia.

4.3.1.2 Blasting Blasting in areas of karst topography can create fractures in the roclg potentially changing
groundwater ?ow, creating the potential for groundwater contamination, and temporarily a?'ecting yield and
increasing turbidity in nearby water wells and/or springs. . ..

4.1.2 Environmental Consequences Geological hazards, such as seismic activity or landslides, may affect the
integrity of the pipelines. The crossing of steep topography would present construction challenges; as would the
crossing of shallow bedrock, acid producing rocks, and karst terrain.

 

I am puzzled about purchasing mitigation bank credits using the WVDEP ILF Program (stream and wetland).
Please include an explanation when you reply about my being accepted to appeal or not.

I have a Regents Bachelor of Arts degree from Blue?eld State College and retired after over 20 years serving
as Executive Director of the Monroe County Coalition for Children and Families, Inc. During that time, I came to
appreciate the individuality and strength of community shown by families, agencies, churches, business, health and
public workers living in Monroe County. Monroe County is a special place. Thank you.

Sincerely,

Shirley Hall and Willis Hall
7489 Back Valley Road
Lindside, West Virginia 24951
304-772-4339

 

Comments Page 57

April 8, 2016

WV Dept. of Environmental Protection
Division of Water and Waste Management
401 Certi?cation Program

601 57th Street SE

Charleston, WV 25304

Re: Mountain Valley Pipeline Project

I am requesting a public hearing based on the following information. This information and comments are in
response to a public notice dated April 7, 2016 in the Monroe Watchman regarding The Mountain Valley Pipeline
Project that wants to cross Monroe County, West Virginia. This pipeline has the potential to contaminate our water
and change the underground ?ow within our karst environment. We have streams and rivers that you can see above
ground and we also have underground streams and rivers that cannot be seen from above. These unseen ?ows of
water underground are the life support to everyone living in Monroe County.

On June 2, 2015, I mailed a 37 page document with attachments as part of the Environmental Impact
Statement Scoping Process for PF 1 5-3-000 to Kimberly D. Bose. Secretary of the Federal Energy Commission by
certi?ed mail. Following is part ot?that document {pages 9- lo) relating to our water that lam submitting to you
relating to Section 40] Water Quality ('ertifi cation. Our Peter?s Mountain karst water is UNIS QUE and quali?es to
be protected by the WVDEP from contamination.

West Virginia State Code ?22~l 2-4. This code provides the WV Environmental Quality Board (and
subsequently WVDE P) with the authority to ?set standards more restrictive than the maximum contaminant levels
where it ?nds that such standards are necessary to protect drinking water use where scienti?cally supportable
evidence re?ects factors UNIQUE to West Virginia or some area thereof, or to protect other bene?cial uses of the
groundwater.?

Please call me if you want more information (3 04) 772?4339. I do not have intemet since the service is very
slow where I live. There are multiple reasons to preserve Monroe County? 5 karst water for all the people living in our
county and for future generations. Our water has been judged multiple times as the best tasting water in the world. I
personally get all my water from a spring ?owing from Peter?s Mountain. The underground flow of springs can be
directed elsewhere if disturbed, therefore, taking away a families only source of water.

Thank you for taking my information seriously.

Sincerely,

Shirley Hall

Rt. 1 BOX 240F
Lindside, WV 24951
304-772-4339

Comments Page 58

TABLE OF CONTENTS of 37 pages of comments mailed to FERC June 2, 2015
Geology and Soils pages 1-3, 5-8
A. Destahilization of steep slopes
declares the ?rst route they chose had "a high risk of slope failure
and pipeline slips, once the pipeline was to be in operation. map 
Monroe County Comprehensive Plan map of slope percentage 
eBlasting - MVP declares on page 168 "At this time the extent of blastng
for the Project is unknown"
wEaIthwork, construction - slope alteration, erosion/sedimentation control
OLandslides
0Deforestation?removal of vegetation from right of way
0Flash ?ooding
tSeasonal temperature changes affecting expansion and contraction of
soil, rock and pipeline
B. Erosion and sedimentation - Surface water and Groundwater
C. Fault/earthquake Geology
nSt. Clair Fault/Earthquake Geology (attachment 
wMap of Regional seismic activity?Source: M. C. Chapman, Virginia Tech
Water Resources and wetlands pages 9?16
A. Hydrogeology and geochemistry of Peters Mountain Aquifer and
OWater Conclusions (attachment 
?vMonroe County Watersheds-Major and Local (color coded maps)
sWest Virginia State Code ?22-12-4.
B. Karst habitat and water
?Caves and sinking streams
OScott Hollow Cave
9Mystic River (Upstream Mystic Photo by Ed McCarthy)
nOther concerns: Physical ?lling of caves and conduits; preventing access
Sediment in caves, resulting in water contamination; harm to cave wildlife, including select
species; physical collapse of caves
C. Public water supplies, Private water supplies (springs, wells)
oOther concerns - Impacted streams and Wetlands
Vegetation and Wildlife pages 17-24
A. ?Public Law 98-586 ,Wilderness Areas (attachment 
0Mountain Lake Wilderness
?Public Law 111-11 March 30, 2009 5,476 Omnibus Public Land
Management Act of 2009-Pub1ic law 111?11 (3/30/2009) An act to
designate certain land as components of the National Wilderness
Preservation System ?General Wilderness Prohibitions
B. Threatened and Endangered Species US. Fish Wildlife (attach 

6.

7.
8.



Hanging Rock Raptor Observatory
D. Wildlife
ORattlesnakes, copperheads, eagles and eagle nests
?Wild honey bees (photo)
E. Farming and Organic Farming
Cultural Resources pages 25-26
A. Cemeteries in Monroe County and brief location
0180 graveyards (attachment 
B. Attachment to land/Place
Land use, recreation and visual resources pages 27-29
A. Scenic Roads, scenery (attachment 
B. Fishing
Mountain Landscapes
wvtourism.com Hiking, Biking Birding
oAllegheny Trail ?Appalachian Trail
0Potts Valley Rail Trail
oHanging Rock Observatory?Migratory birds
OState Park-Moncove Lake
?Fishing-Potts Creek and S. Fork Potts Creek
0Gol?ng-Fountain Springs Golf Course
oNational crest-George Washington and Jefferson
?added the Great Eastern Divide

Comments Page 59

Socioeconomics page 30 West Virginia has the highest rate of homeownership in the country
and the number of residents that own their homes in Monroe County is signi?cantly higher than the
state average: 84.5% to 75.2%

Air emissions, quality and noise page 30-31
Cumulative impacts page 31
?II-Health and Safety (attachment 

National Transportation Safety Board Safety Study (attachment 

OWater
Safety issues pages 32-34

Leaks, ruptures and fuel spills

Fires - PHMSA reports (attachment #11)
Herbicides

Emergency response

aspen?

Traf?c congestion, accidents page 34
Jet Vibrations page 34
Terrorism target page 34

Infrastructure destruction, narrow roads, weight speci?c bridges
IIvWeight of construction vehicles (attachment #10)

Proximity to schools, nursing homes, towns, public/private water supplies

Comments Page 60

 

 

2. Water Resources and Wetlands-please note the word UNIQUE

 

A. Hydrogeology and geochemistry of Peters Mountain Aquifer Geoff Richards Joe
Donovan, WVU Presented by Tammy Vandivoort, WVU Water Research Institute (see attachment
Study Area - The study examined groundwater occurrence in Peters Mountain between the
towns of Centennial (Greenville) and Zenith. From May-Aug 2004, 221 springs were located;
Peters Mountain lies on the leading edge of the Allegheny front thrust fault complex and forms the
VA-WV border for several miles The groundwater is very high in chemical quality, supporting a
public service district, bottled water company, and local communities. The remote mountain
recharge setting means water is relatively pristine and not currently subject to risk of contamination.

 

The Monroe County Comprehensive Plan includes the following color-coded map showing our local
watersheds (pages 51, 52). Our terrain, cave systems, sinkholes, earthquake faults and
slope percentage creates insurmountable risks to our people, land and water if this project is
allowed.

 

 

 

Monroe County, West Virginia

Major Watersheds

 

 

 

 

 

 

 

 

Comments Page 61

geology at th

1) Spring discharge on Peters Mt. has UNI UE geochemical signatures related to surface



oWater Conel

Hydrogeology and geochemistry of Peters Mountain Aquifer (see attachment 

11510118

 


We?
Hans Creek
Blue Lick
01:51: 14le I
mg 
lack Camp Ck
Bradley Branch
Wisenmn Branch. .
Turkey Creek I
Trotter Branch 
Lame: Creek 
Sarlnn Bram]: 
Back Creek (1116.) I
Hunter Bramh A
Bynmidc Brunch 
a: Tackelt Braxmh, .
Lick I
Bee Branch
Misc. [untamed 
Cook?s Run
Fitz Run
Humpln'eys Run
Poss-111mm Branch
Pcm'xar Run
Gin Hollow 
Lick Run
Indian Draft
Branch
Slaw Run
Rich (?5er i
Brush Creek
Crooked Run
Crooked Creek
Dry Creek
Tagger Run
Scott Branch
Painter Run
Spruce Run
Mud Ilun
Small NewR. trib. 
Hollow Br.
Misc. unanamed
Bi Stonv trim. I
o?h FE Stony 
White Rocks Br.?

 

 

 

 

 

 

 

 

(3an I

 

 

Wu?ka 

 

 

 

{lit-r] I

 

 

 

 

 

 

 

 

Soulh HL Potts -

 

 

 

 

 

 

 

HuckCIw - 
Swat! I

 

      

 

Kev listing? arranged by smashed and ssh-watershed and-generally appear largest smallest
in each grouping. Small mated-bu: unwrapped mam alum appear on the 1min their appropriate
grouping. but do not Ime. a color-code symbol, Ham-y minim strewn; are 
amulet-32mm in mammal and new: central portions ql?t?e mung; Mis?t River victimized is
entirety su?rerranaan; ?mvy black lines indicate mm?l'qw as points :Jre?ream

 

 

 
  

Comments Page 62

Comments Page 63

2) Hydrochemistiy of the groundwater appears to be strongly in?uenced by local lithology.

3) This results in groundwater that can be identi?ed by the formation from which it discharges
regardless of ?ow paths that may or may not cross lithologic boundaries.

4) Elevation, location, quantity, and chemistry of springs are all a function of structural and
stratigraphic in?uences.

5) Group 1 springs emerge in the Silurian and Devonian clastics on the southern side of Peters Mt.
6) Discharges contain concentrations of dissolved solids and pH that are similar to rainwater, with
very minor dissolution of calcite.

7) Group 1 springs may be ephemeral.

8) Group 2 springs discharge from the Ordovician Martinsburg Fm

9) Groundwater on this side of the mountain ?ows opposite to the direction of dip.

10) Clastic units intercalated with more soluble limestone are thought to produce multiple perched
aquifer layers.

11) The groundwater has 2 chemical signatures: Springs from the clastics of the upper Martinsburg
have lower alkalinities and lower concentrations of dissolved solids (similar to group 1)
Groundwater ?owing thru these perched aquifer layers commonly sinks and rises along a ?ow path
and may be ephemeral.

12) Springs in the basal Martinsburg have higher alkalinities and solutes are derived almost
exclusive from calcite dissolution

13) Group 3 springs discharge from the Ordovician dolomites lower in the valley at the western base
of Peters Mt.

14) This aquifer is believed to be dominated by conduits and thought to receive recharge from
sinking streams ?owing down Peters Mt.

15) The St. Clair fault creates a structural boundary that may limit or preclude groundwater
?ow and appears to be the western extent of groundwater discharge.

16) Group 3 springs have two chemical signatures-One group of springs ?ows entirely thru
Ordovician limestone and have Ca/Mg. ratios varying from 12-20. The second group has more
uni?ed ratios of Mg to Ca which implies ?ow-paths are exclusively dolomitic.

OWest Virginia State Code ?22?12?4. This code provides the WV Environmental Quality Board
(and subsequently WVDEP) with the authority to ?set standards more restrictive than the
maximum contaminant levels where it ?nds that such standards are necessary to protect drinking
water use where scienti?cally supportable evidence re?ects factors UN If QUE to West Virginia
or some area thereof, or to protect other bene?cial uses of the groundwater.?

B. Karst habitat and water The most characteristic feature of a karst landscape is the lack of
surface streams; most of the water in these areas is ?owing in underground channels through caves.
The sinking streams and drainage through the bottoms of the numerous sinkholes divert most of the
rainfall to underground routes where the water may travel for several miles before returning to the
surface at large springs. The Monroe County Comprehensive Plan shows great appreciation for our
water. "Water: Based on surveys conducted by the Exploratory Committee on County Flaming,
water resources are considered very important by many residents of the county. This is perhaps not
surprising, since county assets in this regard are somewhat UNIQUE. Dozens of deep springs in

Comments Page 64

the county bring forth water which has in some cases been underground for decades, and often, is
exceptionally pure. Several mineral springs exist within the county. Some are true ?warm springs?
and are naturally carbonated. An unusually high percentage of local residents still use private
sources (springs or wells) for household water. Our karst habitat includes many networks of caves,
some identi?ed and mapped and others unknown. Monroe County karst is one of the world's densest
sinkhole plains, with an average of 18 sinkholes per square kilometer. This limestone also hosts the
largest, deepest, and most complex caves, the largest karst basins, the largest number of caves, and
one of the largest karst springs in West Virginia.

oCaves and sinking streams Monroe County is part of the Greenbrier limestone basin.
Many underground caves have not yet been discovered and mapped. One that has been partially
mapped is the Scott Hollow Cave that at one point has a depth of 591 feet and has a length of 24.7
miles so far. Seven Junction, is one of the largest areas of Scott Hollow Cave. Just past Seven
Junction is Super Bowl, the largest room in Scott Hollow. Super Bowl is over 200 feet in diameter
and 60 to 70 feet high. The large borehole passages leading out of this room make it a spectacular
sight, yet to be photographed. Exploration continues beyond this area, at Breakdown Mountain.
Breakdown Mountain is over 100 feet high and is the current upstream terminus of upper level
Mystic.

eScott Hollow Cave - The following information is taken from an article entitled "Bedrock
Geology of the Scott Hollow Cave, Monroe County, West Virginia" Stacey Kimmel, Noah
Weber, Rob Burnside, Bob Thren, Chris Connors, advisor R. E. Lee Research, September 9, 2002.
In order to begin their research, they consulted the dissertations of Stacey B. Davis (1999), Sara A.
Heller (1980), and Albert E. Ogden (1976) for their work in previous studies of geology in the Scott
Hollow Cave Following is part of their research.

The Scott Hollow Cave is located in Monroe County, West Virginia at the transition
between the Valley Ridge and the Appalachian Plateau geomorphic provinces (Davis, 1999). At
the surface, Mississippian aged shales, sandstones, and limestones crop out (Figure 1). The
Mississippian Greenbrier Limestone is the dominant surface rock in this part of the Appalachian
Plateau while the Valley Ridge province contains many and anticlines associated with
the nearby Saint Clair Fault (Dasher, 2000).

The Scott Hollow Cave lies on the western sloping limb of a mapped, unnamed anticline
(Ogden, 1976). Greenbrier limestone hosts the largest, deepest, and most complex caves, the
largest karst basins, the largest number of caves, and the largest karst springs in West Virginia
(Dasher, 2002). Scott Hollow Cave is the third longest cave in West Virginia with a length of
24.7 miles and many passages still undiscovered. Scott Hollow's main passage, Mystic River,
accounts for over four miles of the cave and is one of the largest passages in West Virginia.

It is our desire that our UNlt water situation be honored and be allowed to remain as it is
to insure that Monroe Countians continue to have safe, pure drinking water for our future, our
children's future and our great-grandchildren's future. What is done now will affect many
generations to come. If our water is destroyed through an accident due to disregard for our
DUE karst, our lives and our way of life will suffer greatly and Monroe County will cease to
survive and thrive.

 

Comments Page 65

 

Upstream Mystic Photo by Ed McCarthy

OMystic River Four hundred feet below Scott Hollow, along the base of Flat Mountain,
?ows one of West Virginia's ?nest cave streams- Mystic River is the main conduit through the Scott
Hollow cave system, stretching ?ve miles from deep under The Knobs to within two miles of the
Greenbrier River. Exploration continues at both ends of this unusually large stream passage, and it is
likely that many more miles of cave will be found.

Most cavers reach Mystic via Middle Earth, a small infeeder stream that intersects the far
end of the North-South Passage. There are two other ways to reach Mystic River, a
climb down from the Omega Trail and a rappel from PAG Alley. All three ways come into Mystic at
the same area, between Craig?s Creek and Middle Earth. Mystic is 60 feet high and 40 to 50 feet
wide here. is a nice walk as the passage turns into tall, sculpted canyon. A quarter mile
of Craig's Creek is the ?rst Mystic sump, a big lake where the passage descends under
water. Another group exploring Scott Hollow in 2004 found another unknown section. They
described it as a dome 30 feet high with a waterfall issuing ?om a lead. We know that Scott Hollow
Cave mapping has shown a depth of 591 feet and 400 feet below Scott Hollow is Mystic River.
What we do not know is how many other caves and rivers run under Monroe County: Peters
Mountain: Appalachian Mountains.

(Article was written by William K. Jones) The most extensive karst features in West Virginia
may be found in the Greenbrier valley of Greenbrier, Monroe, and Pocahontas The
scenic course of US. 219 from the Virginia state line in Monroe County north through Greenbrier
County traverses a mature sinkhole plain.

Comments Page 66

 
 

It is therefore our request that the Federal Energy Regulatory Commission require MVP and
any other pipeline planning to cross Monroe County to have a quali?ed geologist(s) conduct a
study to identify all sinkhole locations, caves, springs and wells in Monroe County and their
impact on the total water resources for Monroe County citizens prior to any consideration of
issuin a certi?cate.

    

 
  

 

Identifying only those sinkholes, caves, and springs within the pipeline corridor(s) is not enough
since the karst underground is not the same as the land on the surface. One sinkhole, one cave, one
spring impacts another sinkhole, cave and spring and that impacts another And that impacts
our most precious resource, our water.

?Other concerns include Physical ?lling of caves and conduits, preventing access

Sediment in caves, resulting in water contamination

Harm to cave wildlife, including select species

Physical collapse of caves
C. Public Water - Peter's Mountain is the dividing mountain between West Virginia and
Virginia. Monroe County is a ?karst? habitat with the majority of water supply to county residents
coming from springs on Peter? Mountain. Red Sulphur Public Service District (PSD), based in
Peterstown, serves the largest customer base. Their water source is obtained from three springs
arising near the base of Peters Mountain. Union uses a Peters Mountain spring located about 8 miles
east of the town, and also a local well. The Gap Mills Public Service District water source is also a
Peters Mountain spring at the headwaters of Second Creek. Public water plants ODeterstown, Union,
Gap Mills) get their water from the only source we have, springs on Peter's Mountain. The water
from Peter's Mountain has been judged best tasting water in the world multiple times. That is a
high honor for West Virginia.

Private Water Supplies (springs, wells) Many county residents still utilize wells or springs
as private sources of household water. The susceptibility of karst to contamination, and the
uncertainly of the direction and interconnections of underground ?ow, create particular vulnerability
in regard to the county?s central limestone belt. (Monroe County Comprehensive Plan page 86)
Efforts at providing needed infrastructure should be consistent with and sensitive to the existing
intrinsic qualities of the area and its culture. In regard to public water and sewer, countywide public
service may not be particularly suitable to local terrain; water quality may not equal that already
available from private sources; and countywide service would likely be counterproductive in regard
to established goals of limited sprawl and maintenance of rural character. Expansion of
infrastructure should be undertaken with the utmost sensitivity to scenic viewsheds, ecosystems, and
established goals of preservation of rural atmosphere and open space.

tOther concerns include Impacted Streams and Wetlands. All streams and wetlands need to
be identi?ed and studied. It needs to be determined how streams and wetlands along the proposed
routes will have an e??ect on streams and wetlands outside the proposed routes.

9/12/2018

Modifications to 401 Water Quality Certification for Nat... - DEP WQS Comments

Comments Page 67

Modifications to 401 Water Quality Certification for Nationwide Permits
Traci Hickson <alleghenytrace@gmail.com>
Wed 9/12/2018 1:45 PM
To: DEP

WQS Comments <WQScomments@wv.gov>;

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do
not prevent a company from using more environmentally protective methods”, however the proposed changes as
written open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.

Traci Hickson
POB 1313
Franklin, WV 26807
304-358-3554

https://outlook.office365.com/owa/WQScomments@wv.gov/?viewmodel=ReadMessageItem&ItemID=AAMkADczMWQ1NWM4LWY3ZTMtNDRjMi1iM…

1/1

 Comments Page 68

Cooper, Laura K
From:
Sent:
To:
Cc:
Subject:

Cooper, Laura K
Friday, September 7, 2018 1:21 PM
Oneill, Colleen M
Glance, Jacob P; Dickson, Nancy J
Re: contact-us - Trish

Colleen,
Yes this comment is for us. Thank you for passing it along!
Laura K. Cooper
Assistant Director - Water Quality Standards
Division of Water and Waste Management
WV Department of Environmental Protection
Office: 304-926-0499 x1110
Mobile: 304-206-8901
Email: Laura.K.Cooper@wv.gov
Room 2169, 601 57th St SE; Charleston, WV
On Sep 7, 2018, at 1:19 PM, Oneill, Colleen M <Colleen.M.Oneill@wv.gov> wrote:
HAPPY FRIDAY!!! 😊 You do the water quality standards, so is that involved with regulations? Who
does regulations? If I need to send this to someone else, could you please tell me to whom I should
send it? THANKS!!! 😊
HAVE A SUNNY AFTERNOON!!! 😊
From: Home <support@wvinteractive.com>
Sent: Thursday, September 06, 2018 7:25 PM
To: Oneill, Colleen M <Colleen.M.Oneill@wv.gov>
Subject: contact-us - Trish
Home

Trish has been added
Modify my alert settings   View Trish   View contact-us   Mobile View

First Name:

Trish

Last Name:

McNaull

E-mail
Address:

Trishmcnaull@yahoo.com

Phone
Number:

13047992436

Message:

Please DO NOT relax regulations for ACP stream crossings. Our water is our greatest resource and needs stringent protection.
Coincidentally, I am writing this while visiting San Diego, where there is no water. We need to count our blessings and protect
1

 Comments Page 69

our pristine water.
Thank you.

County:

Pocahontas

Last Modified 9/6/2018 7:20 PM by (unknown)

2

 Comments Page 70

September 17, 2018

West Virginia Department of Environmental Protection
401 Water Quality Certi?cation Program

Attn: Nancy Dickson

601 57th Street SE

Charleston, WV 25304-2345

Submitted via email WOSComments@wv.20v

Re: WVDEP Proposed Revision to ?Modi?cation of West Virginia State
401 Water Quality Certi?cation Conditions for US. Army Corps of
Engineers 2017 Section 404 Nationwide Permits.

Dear Ms. Dickson,

This comment letter is submitted on behalf of the WV Chamber of Commerce,
Environmental Committee concerning the proposed modi?cations to the ?West Virginia State
401 Water Quality Certi?cation Conditions for US. Army Corps of Engineers 2017 404
Nationwide Permits.?

The Chamber is the largest, most in?uential general business organization, representing
all business sectors in every region of the state. Members range from small business enterprises
to mid?size manufacturers to tourism destinations to energy companies to Fortune 500
corporations. However, small businesses are the core of our membership making up 95 percent
of the West Virginia Chamber's companies and ?rms. The West Virginia Chamber believes
business must be a positive force for enhancing the quality of life in the Mountain State. The
Chamber is a proactive leader in: the search for solutions to problems, a voice for free market
competition and streamlined government, a catalyst for progressive thinking and problem
solving, and a partner with government for progress in West Virginia.

Regulatory Reform. The Chamber has been a steady advocate for regulatory reform
with an emphasis of development of environmental and other programs that are consistent with
federal counterparts. Where departure from the federal counterparts relative to environmental

 

Comments Page 71

legislative rules occurs, the WV Code provides that such ?may include new or amended
environmental provisions which are more stringent than the counterpart federal program to the
extent that the director ?rst provides speci?c written reasons which demonstrate that such
provisions are reasonably necessary to protect, preserve or enhance the quality of West
Virginia?s environment or public health or safety, taking into consideration speci?c scienti?c
evidence, speci?c environmental characteristics of West Virginia or an area thereof, or stated
legislative ?ndings, policies or purposes relied upon by the director in making such
determination. In the case of rules which have a technical basis, the director shall also provide
the speci?c technical basis upon which the director has relied.? Code 22?1-3a.

The WV Chamber also has been very supportive of recently added statutory provisions of
the WV Administrative Procedures Act at W. Va. Code 29A-3 ?20, providing for a routine
executive review of state rules, guidelines, policies and recommendations that are more stringent
than federal counterparts. The WV Chamber provided extensive comments to WVDEP noting
all departures from federal counterparts for review.

WVDEP has proposed to modify the ?Standard Conditions of State 401 Water Quality
Certi?cation Applicable to Nationwide Permits? with regard to Conditions 2 (cumulative
permanent impact) and 22 (discretionary authorities of WVDEP). Modi?cation is also proposed
for Special Conditions for NWP 12 (utility line activities).

Standard Conditions. The modi?cation to Standard Condition 2 concerning cumulative
permanent impact appears to depart from existing US. Army Corps of Engineers implementation
of compensatory mitigation for linear projects. Although the amendments proposed are not
legislative rules, they represent policies of the state. There is concern by the WV Chamber that
these amendments to Condition 2 are more stringent than the federal counterparts, particularly
with regard to cumulative permanent impact, as USACE de?nitions are distinguishable from the
WVDEP proposal The WV Chamber urges WVDEP to provide a thorough and complete
discussion of federal policy relative to the changes proposed in the form of written reasons which
demonstrate such provisions are reasonably necessary to protect, preserve or enhance the quality
of West Virginia?s environment or public health or safety, taking into consideration speci?c
scienti?c evidence, speci?c environmental characteristics of West Virginia or an area thereof, or
stated legislative ?ndings, policies or purposes relied upon by the director in making such
determination. The proposed condition also represents signi?cant and arbitrarily assigned costs
that will adversely impact economic development in the state of West Virginia, and would
deplete the supply of mitigation that is available for offsetting impacts under state law. This
revised condition is not supported in law or in fact. It is also imperative that any lawful
compensatory mitigation must be limited to impact within the regulated water and in no case the
entire project. Finally, WVDEP is urged to provide a thorough discussion of the federal
procedures and regulations that govern the US. Army Corps of Engineers review and approval
of such modi?cations.

Comments Page 72

The WV Chamber urges this proposed revision to Condition 2 be Withdrawn.

Special Conditions. Special conditions have been modi?ed for NW 12 (Utility Line
Activities) addressing waiver and dry cuts for stream crossings which represent ?the least
environmentally damaging practicable construction method? and which is more protective than
the open wet cuts. In a brief ?led by the United States with the Fourth Circuit, the Corps
recognized that the use of dry-cut crossing methods is more protective of the aquatic
environment than even time restricted alternative wet-cut methods. The modi?cation adding
the dry cuts provisions is supported by the WV Chamber, provided the speci?c administrative
record concerning such operations demonstrates a state or federal determination protective of
state water quality as de?ned by state and federal law.

401/404 Modi?cation Procedure. The WV Chamber urges WVDEP to provide a
statement that will accompany its ?nal version of the ?Modi?cation of West Virginia State 401
Water Quality Certi?cation Conditions for US. Army Corps Engineers 2017 Section 404
Nationwide Permits? that acknowledges federal administrative procedure for amendment and
modi?cation of its 401 Water Quality Certi?cation Conditions for US Army Corps of Engineers
2017 Section 404 Nationwide permits.

Thank you for this opportunity to comment. Please feel free to contact me with any
questions at (304) 353-8172 or 

Very truly yours,

. Fag/{L47

athy @eckett
hair, ironmental Committee

Chamber of Commerce

Comments Page 73

September 17, 2018
Austin Caperton, Secretary
WV Department of Environmental Protection
Division of Water and Waste Management
601 57th Street SE
Charleston, WV 25304
Submitted via email to WQSComments@wv.gov
Re: 401 Water Quality Certification Program
Secretary Caperton:
West Virginia Rivers Coalition, on behalf of our members and the 30 additional
organizations signed below, respectfully submit the following comments on the
proposed modifications to the West Virginia 401 Water Quality Certification for U.S.
Army Corps of Engineers (USACE) Nationwide Permits. We oppose proposed changes
related to the waivers of conditions, which leave no hard-and-fast protections for West
Virginia’s rivers and streams.
The Modifications Allow Changing or Eliminating Protections for Every Nationwide
Permit. Proposed revisions to Standard Condition 22 allows DEP to waive, change, or
eliminate any of the standard or special conditions of the State 401 Water Quality
Certification applicable to Nationwide Permits where the applicant provides proof that
it will employ a method or plan that will be more environmentally protective than any
of the Standard or Special Conditions of State 401 Water Quality Certification
Applicable to Nationwide Permits.
The concern about this paragraph is that it is overly broad and vague. It applies to every
nationwide permit. It does not provide any specifics regarding what will be considered
“proof.” And it does not specify what public process, if any, will be undertaken to
ensure that waivers, changes, or elimination of standard or special conditions will
undergo public notice, scrutiny, and comment.
The Modifications Open the Door for Waiver of All NWP 12 Special Conditions. We
adamantly oppose to the proposed changes to Nationwide Permit 12 West Virginia 401

 Comments Page 74

Water Quality Certification Special Conditions, appearing under 12.A. on page nine of
the public notice document. The relevant underlined added language reads:
“If the State waives the 401 certifications pursuant to this provision, it reserves
the right to waive other 401 special conditions on NWP 12, but it must do so in
its waiver letter.”
As written, this added language allows the state to waive any and all 401 special
conditions, regardless if it has to do with employing a more environmentally protective
plan or method, which is irresponsible and counter to how the agency presented the
intent of these modifications in the public notice. This would be able to be done without
any public scrutiny or input, which is unacceptable. The change would make special
conditions meaningless and cut the public out of any decision making processes and
must be rejected.
The 40 special conditions on NWP 12 were subjected to public notice and comment, and
stakeholders had the opportunity to seek administrative and judicial review of them.
The proposed change enabling the state to unilaterally waive those special conditions
now deprives stakeholders of the opportunity for public participation or to seek
administrative or judicial review.
Moreover, because the 401 special conditions on NWP 12 are now conditions of the
nationwide permit itself, DEP does not have the authority under federal or state law to
unilaterally waive those conditions.
Removing the 72-hour Requirement Will Impact Aquatic Life. The proposed change
to the Special Condition C under Nationwide 12 allows for the exemption of the 72hour crossing time restriction, but the longer crossing time does not consider the effects
on aquatic life. DEP claims that allowing a longer crossing time is more protective of the
waterbody; however, the effect of dewatering the stream bed for prolonged periods on
aquatic life was not taken into consideration when making this assumption.
In its biological opinion for the Atlantic Coast Pipeline, the U.S. Fish and Wildlife
Service lists dewatering of mussel beds and increased sedimentation as two of the
threats leading to the decline of Clubshell mussels. Clubshell mussels are also listed as
species of concern for three water crossings on the Mountain Valley Pipeline.
Candy Darters are also known to inhabit the Greenbrier and Gauley River Watersheds
and are proposed for listing under the Endangered Species Act. The impacts of
2

 Comments Page 75

dewatering the streambed for prolonged periods on species of concern, such as Candy
Darters and Clubshell mussels, must be taken into consideration prior to removing the
72-hour requirement.
The Change to the 72-hour Requirement is Vague. The proposed change to the Special
Condition C under Nationwide 12 would apply to “dry cuts and other
environmentally-protective methods.” Should this change be adopted, the phrase
“other environmentally-protective methods” must be fully defined. Otherwise, Special
Condition C could potentially be used for all types of crossings and would no longer
restrict the completion time to 72 hours.
The Change to the 72-hour Requirement Has Effects on Other Agency Decisions. DEP
relied on the 72-hour stream crossing condition when issuing the State General Water
Pollution Control Permit for the Atlantic Coast and Mountain Valley Pipelines. On both
projects in its response to comments for why an antidegradation review is not needed,
DEP states, “The Stormwater Pollution Prevention Plan (SWPPP) for this project
requires that additional protective measures will be employed at crossings of and in
proximity to Tier 3 and trout streams. The additional measures include…stream
crossings in these areas will be completed within 72 hours once the crossing has
begun…” By exempting rivers and streams from the 72-hour stream crossing condition,
DEP would also invalidate the protections afforded streams under the General
Stormwater Construction Permit and undermine its own rationale of why an antidegradation review is unnecessary.
Other state agencies rely on the special conditions included within the Nationwide
Permits. WVDNR refers to the condition requiring crossings to be completed in 72
hours in its spawning waiver approvals, and assumes when issuing those waivers that
the applicant will comply with the 72-hour restriction. Allowing crossings an exemption
to this condition would therefore undermine WVDNR’s spawning waiver approvals.
Changing this condition to allow longer crossing durations during which the stream
bed is dewatered for prolonged periods would have detrimental effects on aquatic life,
especially in areas where WVDNR relied on this rule to allow construction during the
spawning season.
Modifications Undermine the Secretary’s Position That NWP 12 Special Conditions
Are Needed to Prevent Impacts. In your November 13, 2017 letter posted on the DEP
news page directed to staff regarding the Mountain Valley Pipeline 401 Waiver, you
3

 Comments Page 76

endorse the conditions put in place by your agency when certifying the 404 permit that
you are now proposing to change. You stated:
“That 401 Certification had several conditions to ensure that temporary impacts
to West Virginia’s waters would be minimized, and mitigation would be
provided for permanent impacts. Importantly, during the same period of time
that the WVDEP was working on this MVP individual certification, it was also
developing special conditions for the reissuance of the USACE nationwide
permit…The special conditions West Virginia included in it is certification on the
newly reissued Nationwide 12 permit (in April 2017) largely mirrored the
conditions that West Virginia had previously placed (in March 2017) on the
MVP’s 401 Individual Certification…Because the newly issued Nationwide 12
permit included updated state conditions that were similar to those contained in
MVP’s previous individual 401 Certification, WVDEP determined it was
unnecessary to repeat them in an Individual Certification. As a result, it waived
the 401 Certification…To be clear – by waiving the 401 Individual Certification,
we are not abandoning our duty to protect the water quality of West Virginia. In
fact, the new Nationwide 12 permit is 401 certified by West Virginia and includes
state specific conditions relative to pipelines. Combined with the state
Construction Stormwater Permit, we are in a stronger position to effectively
regulate all pipeline construction in West Virginia.”
The DEP has relied on and endorsed the conditions under the 401 Certification for
nationwide permits. It is untoward for DEP to change its course now in what appears to
be a move to accommodate non-compliant plans and NWP 12 permits of certain
projects.
Modifications are Untimely and Unnecessary. The DEP issued its recertification of the
401 for nationwide permits in 2017. Nationwide recertification is only necessary every
five years. These modifications must wait until the 2022 recertification period. Opening
the recertification process prematurely sets a precedent and disrupts the regulatory
framework that industry, citizens, state regulatory agencies, and other stakeholders rely
on for continuity, transparency and certainty. Setting a precedent to modify nationwide
permits mid-stream, give companies no predictability or certainty about what
requirements will apply to any given project. It becomes a moving target that hampers
industry in planning their projects and sidesteps the public in knowing when and if
4

 Comments Page 77

their input matters.
The bottom line is that modifications are not necessary for DEP to enable a company to
use the most environmentally protective methods available. The agency has the
authority now to deny large construction projects coverage under nationwide permits
and require individual 401 Water Quality Certifications. Instead of following through
with the proposed modifications, DEP should use individual 401 Water Quality
Certifications to provide stream and wetland protections tailored to each project.
Signed,
Angie Rosser
West Virginia Rivers Coalition
arosser@wvrivers.org
George Santucci
New River Conservancy
Roseanna Sacco
Preserve Monroe County WV
Maury Johnson
Friends of Hans Creek
Rick Webb
Dominion Pipeline Monitoring Coalition
Phillip Musegaas
Potomac Riverkeeper Network
Leann Leiter
Earthworks
Kris Unger
Friends of Accotink Creek

5

 Comments Page 78

Kate Wofford
Shenandoah Valley Network
Bonnie Law
Preserve Franklin County VA
Lynda Majors
Preserve Montgomery County VA
Steven Norris
Beyond Extreme Energy, The Alliance to Protect the Peoples and Places We Live in NC
Russell Chisholm
Protect Our Water, Heritage, Rights
Melinda Hughes
Nature Abounds
Howdy Henritz
Indian Creek Watershed Association
Jonathan Rosenbaum
League of Women Voters of West Virginia
Mara Robbins
Preserve Floyd County VA
Wayne Woods
Doddridge County Watershed Association
William V. DePaulo, Esq.
Keepers of the Mountain Foundation
John J. Walkup III
6

 Comments Page 79

Greenbrier River Watershed Association
Robin Blakeman
Ohio Valley Environmental Coalition
Cindy Rank
West Virginia Highlands Conservancy
Beth Little
Eight Rivers Council
Allen Johnson
Christians for the Mountains
Susan Bouldin
Summers County Residents Against the Pipeline
Rick Shingles
Preserve Giles County VA
Gary Zuckett
West Virginia Citizen Action Group
Lakshmi Fjord
Friends of Buckingham County VA
Betsy Nicholas
Waterkeepers Chesapeake
Chuck Marsh
Sleepy Creek Watershed Association
David Kinney
Trout Unlimited
7

 Comments Page 80

 

WEST VIRGINIA DEPARTMENT OF TRANSPORTATION
Division of Highways

1900 Kanawha Boulevard East 0 Building Five - Room 110
Charleston, West Virginia 25305-0430 (304) 558-3505 Thomas . Smith, P. E.
Secretary of Transportation/
Commissioner of Highways

September 13, 2018

Ms. Nancy Dickson
401 Water Quality Certi?cation Program
West Virginia Department
of Environmental Protection
601 57th Street, Southeast
Charleston, West Virginia 25304

Dear Ms. Dickson:

The West Virginia Department of Transportation, Division of Highways (WVDOH)
appreciates the opportunity to submit the following comments on the proposed changes to
the West Virginia Department of Environmental Protection (WVDEP) Modi?cation of
West Virginia State 401 Water Quality Certi?cation Conditions (WQC) for United States
Army Corps of Engineers (USACE) 2017 Section 404 Nationwide Permits (N WP).

An integral part of the Clean Water Act regulatory program is the concept of NWPs
for minor activities. NWPs are activity speci?c and are designed to relieve some of the
administrative burdens associated with permit processing for both the applicant and the
regulatory agencies.

The WVDOH uses long term planning to budget and develop our program. The
NWPs were issued May 17, 2017. The accompanying WVDEP WQC were issued nearly
simultaneously after substantial public involvement. The multi?year permitting cycle
provides regulatory consistency over that time period, which in turn promotes better
budgeting, planning, and regulatory compliance.

Since the proposed change is under a standard condition, it applies to all NWPs.
This change has the potential to be interpreted in such a way that could profoundly impact
the WVDOH budget and overall program. The WVDOH is concerned with the impact the
proposed change in Standard Condition #2 of State 401 Water Quality Certi?cation
Applicable to Nationwide Permits will have on our infrastructure program for
maintenance of existing infrastructure as well as rehabilitation, improvements, and bank

stabilization.

ACTION EMPLOYER

Comments Page 81

Ms. Nancy Dickson
September 13, 2018
Page 2

On a regular basis a WVDOH maintenance crew will clean, repair, and/or replace
every pipe along and under the roadway. Individually and cumulatively these impacts are
short in duration with little overall impact to the waters of the state. Under the proposed
WQC change it could be interpreted as requiring compensatory mitigation for such actions
and could double or triple the cost of normal maintenance.

Normally, bank stabilization only impacts the embankments and a small area along
the edge of the stream. This condition could be interpreted as requiring compensatory
mitigation which could make the repair cost prohibitive.

The WVDOH understands that the intent is that the mitigation
requirement for new permanent stream impacts exceeding 300 LF only apply to new
permanent stream impacts outside those areas currently impacted by existing highway
facilities such as culverts and bridges. Consequently, the following activities are not
intended to be included in the cumulative impacts:

0 Maintenance activities including culvert and bridge replacement.

0 Slope Protection placed along the banks and, Scour Protection placed at bridge
abutments and around pier foundations - since existing material is removed and
replaced with less erodible material for protection - the net impact from a linear feet
of impact standpoint would be zero.

0 Bank Stabilization activities that improve water quality by reducing sediment
discharge into a stream, even if a bank stabilization activity exceeds 300 LF in
length.

The WVDOH seeks clarification in the language of Standard Condition #2
concerning the requirement for mitigation for new permanent stream impacts exceeding
300 LF.

The proposed change to Standard Condition #2 states:

The applicant must provide proof of compensatory mitigation (as outlined in
Standard Condition 19 below) to WV DEP DWWM prior to construction for a
project with cumulative permanent stream impacts greater than 300 linear feet or
causing the loss of greater than 1/10 acre of wetlands. This cumulative permanent
impact determination specifically includes the total of all permanent impact from
separate and complete crossings for linear transportation or utility proiects.?

The WVDOH proposes the following language:

2. The applicant must provide proof of compensatory mitigation (as outlined in
Standard Condition 19 below) to WVDEP DWWM prior to construction for a

Comments Page 82

Ms. Nancy Dickson
September 13, 2018
Page 3

project with cumulative new permanent stream impacts greater than 300 linear feet
or causing the loss of greater than 1/10 acre of wetlands. This cumulative
permanent impact determination specifically includes the total of all new permanent
impacts from separate and complete crossings for linear transportation or utility
pro?cts. Cumulative permanent impacts do not include subsequent maintenance or
repair to a linear tranSportation or utility proiect or mitigation activities such as
bank stabilization.

The WVDOH appreciates the wisdom and foresight to add Standard
Condition #22 to State 401 Water Quality Certi?cation Applicable to Nationwide Permits.

?22. The Secretary of the West Virginia Department of Environmental Protection
may, in his discretion. waive, change,_or eliminate any of the Standard or Special
Conditions of State 401 Water Quality Certi?cation Applicable to Nationwide
Permits where the applicant provides proof that it will employ a method or plan
that will be more environmentally protective than any of the Standard or Special
Conditions of State 401 Water Quality Certi?cation Applicable to Nationwide
Permits.?

Thank you for your attention to this matter. If you require additional information
or have any question concerning our comments, please contact Laura A. Conley-Rinehart
at 304-558-9246 or via email at 

Sincerely,

%illispie, P. E.
State Highway Engineer



Comments Page 83

September 17, 2017
VIA E-MAIL - WQSComments@WV.gov
401 Water Quality Certification Program
Attn: Nancy Dickson
601 57th Street SE
Charleston, WV 25304-2345
Re:

Comments to "Modification of West Virginia State 401 Water Quality
Certification Conditions for U.S. Army Corps of Engineers 2017
Section 404 Nationwide Permits"

Dear Ms. Dickson:
The West Virginia Department of Environmental Protection ("DEP") has proposed
modifications to the West Virginia State 401 Water Quality Certification Conditions for U.S.
Army Corps of Engineers 2017 Section 404 Nationwide Permits. The following comments on
those proposed modifications are submitted by the West Virginia Manufacturers Association
("WVMA"), which represents the interests of hundreds of West Virginia manufacturers and
allied businesses.
1.
WVMA supports the proposed changes to Nationwide Permit 12 West
Virginia Water Quality Certification Special Conditions A and C. The modification of
Special Condition A more clearly expresses the DEP's existing authority to waive individual
§401 certification requirements as well as other §401 special conditions on NWP 12. The
proposed waiver may be utilized where appropriate to allow applicants to more efficiently
construct projects while still maintaining equally environmentally protective standards and
requirements. Likewise, Special Condition C revisions expressly authorize the use of dry cuts
and other environmentally-protective methods for construction of stream crossings that may
require longer than 72 hours to complete which provides the DEP with flexibility to encourage
new and innovative construction practices that can be more beneficial to the environment than
traditional construction techniques. WVMA also supports excluding all Section 10 rivers from
the 72-hour requirement.
2.
WVMA supports the addition of Standard Condition 22, subject to one
clarification. While we support the new language that simply reinforces the DEP's existing
authority to waive or eliminate any of the Standard or Special Conditions of West Virginia's
Page 1 of 2

 Comments Page 84

§401 Water Quality Certification Applicable to Nationwide Permits, WVMA is concerned that
the language goes too far in requiring that applicants provide proof that they "will employ a
method or plan that will be more environmentally protective than any of the Standard or
Special Conditions . . ." (emphasis added). WVMA requests that the highlighted language be
revised to "no less environmentally protective" than any of the Standard or Special Conditions.
An applicant should not be held to a higher standard than the existing Conditions in order to
receive a waiver or elimination of a Standard or Special Condition.
3.
WVMA opposes the revisions proposed in Standard Condition 2 and
requests that the revisions be rejected or withdrawn. WVMA is concerned that the DEP is
proposing to impose compensatory mitigation requirements associated with NWPs 12 and 14
that are more stringent than the federal program, especially in the absence of any "specific
written reasons which demonstrate such provisions are reasonably necessary." WVMA is
opposed to any new requirements that place West Virginia businesses and industry at a
competitive disadvantage relative to requirements imposed by other states or the federal
government.
WVMA is generally supportive of the comments filed by the West Virginia Chamber of
Commerce and the West Virginia Oil and Natural Gas Association, to the extent that those
comments do not directly conflict with the WVMA comments described above. For the
foregoing reasons, the WVMA requests that the DEP adopt, with the requested revision,
Standard Condition 22, and the revisions to Special Conditions A and C to Nationwide Permit
12. Finally, WVMA urges the DEP to reject or withdraw the proposed revisions to Standard
Condition 2. Please contact me if you have any questions about these comments.
Sincerely,

/s/Rebecca McPhail
President
West Virginia Manufacturers Association
2001 Quarrier Street
Charleston, WV 25311
(304) 342-2123

Page 2 of 2

 Comments Page 85

West Virginia Oil and Natural Gas Association
Comments to Proposed "Modification of West Virginia State 401 Water
Quality Certification Conditions for U.S. Army Corps of Engineers 2017
Section 404 Nationwide Permits"
To:

401 Water Quality Certification Program
Attn: Nancy Dickson
601 57th Street SE
Charleston, WV 25304-2345
Via E-mail:

WQSComments@WV.gov

The West Virginia Oil & Natural Gas Association ("WVONGA") appreciates the
opportunity to submit the following comments on the proposed Modification of West Virginia
State 401 Water Quality Certification Conditions for U.S. Army Corps of Engineers 2017
Section 404 Nationwide Permits ("Proposed Modification"). The Proposed Modification was
issued by the West Virginia Department of Environmental Protection ("WVDEP") on August 8,
2018, including a notice that written comments must be submitted to the 401 Water Quality
Certification Program by September 17, 2018. WVONGA represents many of the more active
members in the oil and natural gas industry in West Virginia. These comments are submitted
without prejudice to any member of WVONGA submitting comments, including comments that
may be inconsistent with these comments, concerning the Proposed Modification.
Chartered in 1915, WVONGA is one of the oldest trade organizations in West Virginia,
and serves the entire oil and gas industry. The activities of WVONGA members include
construction, environmental services, drilling, completion, gathering, transporting, distribution
and processing of oil, natural gas and their constituents. WVONGA members operate in almost
every county in West Virginia and employ thousands of people across the State, with payrolls
totaling hundreds of millions of dollars annually. Members have cumulative investment of
nearly ten billion dollars in West Virginia, account for most of the production and recent well
work permits, operate more than 20,000 miles of pipeline across the state and provide oil and
natural gas to more than 300,000 West Virginia homes and businesses. As such, WVONGA’s
members have a keen interest in all aspects of regulation associated with oil and gas activities,
including the Proposed Modification.
It is in this spirit of experience and partnership with WVDEP that WVONGA offers these
comments.

1

 Comments Page 86

A.

Summary of Comments

WVONGA's comments on each of WVDEP’s proposed revisions and additions to its
water quality certifications (“WQCs”) on the 2017 Nationwide Permits (“NWPs”) are
summarized immediately below. Detailed explanations of these comments follow this summary
section.


WVDEP's proposed clarifications to Nationwide Permit 12 West Virginia 401 Water
Quality Certification Special Conditions "A" and "C" are appropriate and important
exercise of its authority pursuant to the Clean Water Act to waive § 401 certification
requirements and to authorize "dry cuts and other environmentally-protective
methods that require longer than 72 hours to complete." WVONGA supports the new
language in Special Conditions A and C.



WVDEP’s proposal for Standard Condition 2 is not simply a clarification or a
revision. The proposal reflects an entirely new condition. It would impose new
requirements on permittees that are not contemplated in the current version of
Standard Condition 2, were not subject to public review and comment, and were not
approved by the U.S. Army Corps of Engineers ("USACE") for use in the 2017
NWPs. WVDEP must wait until the 2022 iteration of the NWPs to propose imposing
wholly new requirements on permittees.



If finalized by WVDEP and approved by USACE for use under the 2017 NWPs, the
new Standard Condition 2 would result in mitigation obligations that are cost
prohibitive for many projects across various industries in West Virginia and drain the
supply of credits available from mitigation banks in West Virginia.



This change conflicts with WVDEP’s statutory obligations to impose requirements
that are no less stringent than federal programs and is inconsistent with the intent of
the Governor’s Executive Order 2-18 regarding issuance of new and modified rules
after January 10, 2018.



Even if this change is ultimately approved by the USACE, there is no basis by which
the WVDEP could collect compensatory mitigation on projects planned prior to the
USACE’s approval of the new Standard Condition due to the strong presumption
against retroactive application of new regulatory requirements and because the public
was not provided with proper opportunity for notice and comment.



Proposed Standard Condition 22 is simply unnecessary as it summarizes WVDEP’s
interpretation of its existing legal authority under Section 401 of the Clean Water Act
(“CWA”). The proposal should not be styled as a “condition” but rather as a
recitation of the State’s existing authority. Alternatively, it should be revised to allow
alternative methods and plans that are "no less environmentally protective than any of
the Standard or Special Conditions."

2

 Comments Page 87

B.

Specific Comments to Proposed Language in Special Conditions A and C to NWP
12 – Utility Line Activities

1.
WVONGA supports the proposed changes to Special Condition A, which
provides that individual certification is required in certain instances "unless waived." We believe
this is simply a reflection of existing law under Section 401 of the Clean Water Act, but is an
appropriate modification in light of recent arguments by anti-pipeline entities that the current 401
certification imposes an "unwaiveable" obligation to obtain an individual certification. Any other
construction would conflict with the CWA because Section 401 specifically includes a one-year
waiver provision.
2.
WVONGA supports the proposed changes to Special Condition C:
The existing 72-hour restriction has been in the certification since at least 2002, but to our
knowledge has never been explained in a public notice or response to comments. There have
always been exceptions in the rule for certain listed rivers (e.g., Kanawha, Ohio, etc.) but now
WVDEP proposes to exempt all rivers covered by Section 10 of the Clean Water Act. We
support this expansion, which recognizes that most of these waters are either simply too large to
cross in 72 hours using any technique or could be adversely impacted by encouraging the use of
shortcuts in controlling sediment releases by rushing to complete a crossing in under 72 hours.
WVONGA assumes that the 72-hour restriction was intended primarily as a restriction on
open wet cuts of waterbodies, where extended operations without the use of cofferdams, flumes,
or pump-arounds to isolate the work area from disturbance may pose a heightened risk of
sediment releases. Studies over the past two decades have shown that while wet cuts can
generally be done effectively, especially during dry or low flow conditions, for larger streams
with greater flows, dry cuts generally provide lower risk of sediment releases to downstream
waters. See, e.g., Reid, et al., Effectiveness of Isolated Pipeline Crossing Techniques to Mitigate
Sediment Impacts on Brook Trout Streams, Water Qual. Res. J. Canada, 37:2, 473-88 (2002);
Reid, et al., Sediment Entrainment During Pipeline Water Crossing Construction: Predictive
Models and Crossing Method Comparison, J. Envtl. Eng. Sci., Vol. 3, 81-88 (2004). However,
because of the additional infrastructure needed for dry cuts, it is frequently the case that
crossings cannot be done in 72 hours. As a result, removal of the 72-hour restriction where dry
cut technologies are proposed encourages the use of technologies that will reduce risk of
sediment releases.
WVONGA suggests that the provision be clarified so that the 72-hour restriction is lifted
when ANY of the following is the case: (a) a dry cut crossing method will be used; or (b) some
other technology has been approved by either FERC or the WV Public Service Commission
("WVPSC"). As written, the proposal could be read to require BOTH that a dry cut technology
be used AND that it be approved by FERC or the WVPSC. In the case of dry cuts, the evidence
demonstrates that no further approval by other agencies is required or warranted.
WVONGA supports the application of the removal of the 72-hour restriction for projects that
have already been verified by USACE to use NWP 12 upon the USACE's agreement to accept
this modification to the WVDEP's certification of NWP 12 (i.e. the proposed changes should
apply to existing projects).

3

 Comments Page 88

C.

WVONGA Opposes the Adoption of a New Standard Condition 2

WVONGA opposes WVDEP’s proposal to replace Standard Condition 2 with a new
condition that would require proof of compensatory mitigation for a permitted linear activity
based upon the cumulative total of all permanent stream impacts greater than 300 linear feet or
causing the loss of greater than 1/10 acres of wetlands. The proposed language is inconsistent
with the regulations of the USACE and the NWP program, and it amounts to the imposition of
entirely new requirements on the WQCs over a year after those certifications took effect. For the
reasons explained in detail below, WVONGA respectfully requests that the proposed revisions to
Standard Condition 2 be withdrawn.
1. Background
On January 6, 2017, the USACE issued its final 2017 NWPs. 2017 NWPs, 82 Fed. Reg.
1860 (Jan. 6, 2017). In conjunction with the issuance of the 2017 NWPs, WVDEP issued
blanket 401 water qualify certifications for many of those permits, including NWPs 12 (Utility
Lines) and 14 (Linear Transportation Projects). See USACE Reissuance and Issuance of
Nationwide Permits with WVDEP 401 Water Quality Certifications, Public Notice LRH-201600006-WV (May 17, 2017). To ensure that its blanket certifications comply with the
requirements of CWA Section 401, WVDEP imposed both Standard Conditions on all of those
WQCs and Special Conditions on its WQCs for particular nationwide permits. WVDEP is now
proposing to modify one of those conditions, Standard Condition 2, but this is not simply a
modification. This is an imposition of an altogether new Standard Condition.
WVDEP’s Standard Condition 2 currently states that “[t]he applicant must provide proof
of compensatory mitigation (as outlined in Standard Condition 19 below) to WV DEP DWWM
prior to construction for a project with permanent stream impacts greater than 300 linear feet or
causing the loss of greater than 1/10 acre of wetlands.” Relying on the USACE’s Section 404
implementing regulations, the 2017 NWPs, and the plain language of Standard Condition 2 itself,
WVONGA members interpret and the USACE administers that provision to require proof of
compensatory mitigation only if any single and complete crossing of a water of the U.S. by a
pipeline or road project meets that impact threshold. However, WVDEP has taken the position
that Standard Condition 2 applies whenever the cumulative impacts to all waters of the U.S. from
all crossings associated with a pipeline or road project meet that threshold.
Nonetheless, despite this lack of authority, WVDEP has requested that project applicants
provide proof of compensatory mitigation when a pipeline or road’s cumulative permanent
impacts exceed 300 linear feet of streams or 1/10 acre of wetlands even if no single crossing of a
stream or wetland individually causes that amount of impact. Notwithstanding WVDEP’s
requests, the USACE has made clear that it disagrees with the state as it continues to issue NWP
verifications for these projects without requiring the permittee to provide proof of compensatory
mitigation. And this refusal is sensible: allowing WVDEP to begin collecting compensatory
mitigation without proper notice and comment and authorization from the USACE would create
absurd results (in some cases, creating a situation where a state agency is collecting fees in
addition to that already required at the federal level); the WQC program is entirely dependent on
the USACE’s approval, and WVDEP cannot act without that approval and it may not do so prior
to the next available revision period.
4

 Comments Page 89

2.

WVDEP’s Proposed Replacement of Standard Condition 2 Is Invalid.

Now, WVDEP proposes to replace Standard Condition 2 with new mitigation
requirements in order to justify an interpretation that the current language cannot sustain namely,
that the WQCs’ mitigation requirement is triggered based on the cumulative impacts from
separate “single and complete” linear projects. WVDEP asserts that the proposed revisions
simply would clarify the text of Standard Condition 2 to make it better reflect WVDEP’s
longstanding interpretation rather than give a new, different meaning to the provision. That
position is implausible. As explained in greater detail below, the current version of Standard
Condition 2 can be interpreted only one way: to require mitigation whenever a single and
complete linear crossing of a stream or wetland causes permanent impacts of at least 300 linear
feet or 1/10 acre (which as noted above, in inconsistent with USACE requirements. As a result,
and in contrast with its proposal to qualify its 72-hour requirement under Special Condition C for
NWP 12, WVDEP’s proposal for Standard Condition 2 amounts to imposing an entirely new
Standard Condition on the blanket certifications for the 2017 NWPs – a condition that the public
never had an opportunity to comment on and that the USACE has not approved. Under Section
401 of the CWA and the USACE’s implementing regulations, that may not be accomplished by
simply “modifying” the language of Standard Condition 2. WVDEP instead must wait until the
next iterations of the NWPs to become effective in 2022 to propose its new standard condition
for the consideration of the public and USACE.1
The importance of not adding new requirements midstream of their promulgation is
obvious: project planning often requires years of advance work from various perspectives, be it
operational, financial, or permitting planning. Adding these new requirements now will create
unintended consequences, such as harried retroactive planning that will require expenditures
outside of that predicted by industry based on the existing language. These consequences will
hinder economic development in West Virginia.
a.

WVDEP’s proposal amounts to the adoption of a new Standard Condition.

WVDEP maintains that it is revising the language of Standard Condition 2 simply to
clarify its existing interpretation of the provision. This position is unconvincing because the
current text of Standard Condition 2 cannot support the interpretation that the revised version
would demand. As a result, WVDEP’s proposal would create a new Standard Condition on the
2017 NWPs with altogether new requirements that the USACE has not approved.
WVDEP’s new interpretation does not apply to the current version of Standard Condition
2 because it is inconsistent with the USACE’s CWA regulations governing the NWP program
and the language of the 2017 NWPs to which the interpretation purportedly applies. The
USACE’s NWP program is designed to streamline the CWA Section 404 permitting process by
1

Even if WVDEP were able to submit such a change outside of the five year review period, the only possibly
available method would be through the process outlined in 33 C.F.R. § 330.5 (identified as relating specifically for
the revisions to NWPs themselves, not to blanket certification approvals), which requires that a person seeking
modification must submit a formal request for that modification to the Chief of Engineers, following which is a
public notice and comment period with an opportunity for hearing. In any case, the WVDEP cannot simply make
these revisions to its certifications without first providing the USACE and the noticed public the opportunity to
comment through the appropriate process. Following WVDEP’s comment process, any attempt to issue requests for
compensatory mitigation will be invalid until USACE approval is obtained.

5

 Comments Page 90

authorizing certain categories of activities that have minimal adverse effects on the environment.
33 C.F.R. § 323.2(h)(1). NWPs are available to “single and complete projects,” defined as the
total project proposed by one owner/developer or partnership or other association of
owners/developers. Id. § 330.2(i). For linear activities, such as pipelines and roads, each
individual crossing of a separate water of the U.S. is considered a “single and complete project”:
For linear projects, the ‘single and complete project’ (i.e., single and complete
crossing) will apply to each crossing of a separate water of the United States (i.e.,
single waterbody) at that location; except that for linear projects crossing a single
waterbody several times at separate and distant locations, each crossing is
considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly-shaped wetland
or lake, etc., are not separate waterbodies.
Id.; see also 2017 NWPs, 82 Fed. Reg. at 1951. Accordingly, the USACE defined “single and
complete linear project” in its 2017 NWPs to mean “a project constructed for the purpose of
getting people, goods, or services from a point of origin to a terminal point, which often involves
multiple crossings of one or more waterbodies at separate and distant locations” and explained
that “each crossing is considered a single and complete project for purposes of NWP
authorization.” Id. at 2007. That is because “each crossing . . . is needed for the single and
complete linear project to fulfill its purpose of transporting people, goods, and services from the
point of origin to the terminal point.” Id. at 1905.
As a result, for both pipelines and roads, which are authorized under NWPs 12 and 14
respectively, the USACE grants a permit for each separate and distant crossing of a stream or
wetland. See NWP 12, Note 2; NWP 14, Note 1. To determine whether each separate “single
and complete” waterbody crossing of a pipeline or road qualifies for an NWP, the USACE
calculates the area of impacts of that crossing on only the particular waterbody that it crosses. 82
Fed. Reg. at 1951 (“The acreage limit for an NWP applies to the single and complete project; for
linear projects each separate and distant crossing of waters of the United States is considered a
single and complete project.”). The USACE considers the cumulative impacts from linear
activities only to determine whether they “have more than minimal individual or cumulative net
adverse effects on the environment” and therefore would be ineligible for authorization under an
NWP. 33 C.F.R. § 330.1(d)-(e). Otherwise, it views each individual crossing as distinct.
The USACE’s definition of the term “single and complete project” and incorporation of
that definition into the 2017 NWPs demonstrate that Standard Condition 2 does not support
WVDEP’s new interpretation or the requirements that WVDEP now wants to impose. Standard
Condition 2 states that proof of mitigation must be provided for “a project” with permanent
stream or wetland impacts exceeding the threshold amount. But WVDEP has never suggested
until now that its reference to “project” in Standard Condition 2 means something different than
the USACE’s interpretation of that term in its CWA regulations and the 2017 NWPs. As a
result, Standard Condition 2 must be read against the backdrop of and interpreted consistently
with the USACE’s regulations and 2017 NWPs into which the USACE incorporated the WQC
conditions. See 33 C.F.R. § 330.4(c)(2) (USACE will incorporate WQC conditions as NWP
permit conditions that are applicable to discharges into waters within that state.); W. Va. Code R.
§ 47-5A-3.3 (WQCs are “terms and conditions” of section 404 permits.); Ritter v. Cecil Cty.
Office of Hous. & Cmty. Dev., 33 F.3d 323 (4th Cir. 1994) (no deference accorded to state
6

 Comments Page 91

agency’s interpretive rules that are “contrary to the [federal] statute or regulation”); Yelder v.
Hornsby, 666 F. Supp. 1518, 1520-21 (M.D. Ala. 1987) (“unambiguous language” of federal
regulation controls in face of inconsistent state interpretation). In other words, Standard
Condition 2 must be interpreted consistently with the USACE’s regulations and the 2017 NWPs
to mean that an “applicant must provide proof of compensatory mitigation . . . to WV DEP
DWWM prior to construction for a [single and complete] project with permanent stream impacts
greater than 300 linear feet or causing the loss of greater than 1/10 acre of wetlands.”
WVDEP’s new position also is contrary to other provisions of its blanket WQCs,
particularly Standard Condition 19.B, which is cross-referenced by Standard Condition 2.
Standard Condition 19.B directs that “[t]he amount of fill in a wetland, wetland complex or
wetland system without mitigation is not to cumulatively exceed 1/10 acre.” This Standard
Condition 19.B would be redundant, and thus superfluous, under WVDEP’s new interpretation
of Standard Condition 2. By including Standard Condition 19.B in its WQCs, the State plainly
signaled that it intended the provision to have independent meaning; that it was necessary to
ensure that impacts from the separate and distant crossings of a single wetland, wetland complex,
or wetland system are considered cumulatively for purposes of determining whether mitigation is
required. But that would be unnecessary if Standard Condition 2 already required the impacts
from all crossings to be viewed cumulatively and then mitigated. Moreover, by referring to
“cumulative” impacts in Standard Condition 19.B but only to “impacts” in other WQC
conditions, WVDEP demonstrated that it understands the difference between the two terms.
Standard Condition 2 refers only to “impacts,” however. The state therefore cannot reasonably
assert that its reference to “impacts” in the current version of Standard Condition 2 actually was
intended to mean “cumulative impacts.” See, e.g., U.S. v. General Motors Corp., 702 F. Supp.
133, 138 (N.D. Tex. 1988) (dismissing EPA Clean Air Act enforcement action when agency
attempted to read new meaning into its State Implementation Plan because, if EPA wanted a
provision to have a certain meaning, “then the EPA knows how to say so, and should say so
through a SIP revision”).
Similarly, WVDEP’s actions last year in response to WVONGA’s comments on the
public review draft version of the states proposed blanket WQCs show that it fully understands
the difference between “impacts” and “cumulative impacts,” but the State did not incorporate a
“cumulative impacts” analysis into Standard Condition 2. In a March 15, 2017 comment letter to
WVDEP, WVONGA requested clarification on draft Special Condition A.v under NWP 12,
which as proposed stated that individual WQCs would be required for “[a]ctivities impacting
greater than 200 linear feet of stream bank on any streams identified in Section H Condition 18
A, B, and C”:
It is unclear if the impact [under Proposed Special Condition A.v] is calculated on
a single crossing or cumulative basis. It is also unclear if linear feet are calculated
based on one side of the stream bank or both. Proposed Special Condition A.vi
indicates “cumulative” and “totaling,” so it is presumed that the 200 feet in A.v is
calculated on a single impact/crossing.
WVONGA Comment Letter at 3. Almost certainly in response to WVONGA’s comment,
WVDEP revised the language in its final version of Special Condition A.v to require individual
WQCs under NWP 12 for “[c]umulative permanent impacts totaling greater than 200 linear feet,
on one side, of any stream identified in Standard Condition 18 A, B, and C.” Compare WVDEP
7

 Comments Page 92

Public Comment Draft 401 WQC Conditions on 2017 NWPs with WVDEP Final 401 WQC
Conditions on 2017 NWPs.
That WVDEP revised the language in Special Condition A.v to clarify that “cumulative”
impacts determine whether the individual WQC requirement is triggered but did not similarly
revise Standard Condition 2 to determine whether the mitigation requirement is triggered
undermines any suggestion that WVDEP interpreted the latter to contemplate “cumulative”
impacts. It shows that WVDEP did not intend Standard Condition 2 to require aggregation of
impacts for purposes of mitigation; otherwise it would have said so expressly like it did in the
final version of Special Condition A.v.
Finally, in addition to the textual and contextual bases showing that WVDEP is proposing
to revise Standard Condition 2 to allow a new interpretation, there is another reason for
concluding this: the USACE has elected not to enforce the state’s new interpretation under
Standard Condition 2 as drafted. The USACE is the ultimate arbiter on the approval of WQCbased conditions that states propose to incorporate into NWPs. 33 C.F.R. § 330.4(c)(2). Here,
the USACE approved WVDEP’s 401 WQCs and their attendant conditions for use in the 2017
NWPs. Now, however, USACE refuses to recognize or enforce the state’s new interpretation of
Standard Condition 2 notwithstanding WVDEP’s specific requests for USACE to do so. The
USACE continues to issue NWP verifications for activities that the State maintains must first
satisfy its new mitigation requirements. That shows not only that USACE disagrees with
WVDEP’s interpretation of Standard Condition 2, but also that it never approved that
interpretation for use under the 2017 NWPs. Accordingly, WVDEP’s proposal amounts to the
imposition of an entirely new Standard Condition to its certifications on the NWPs over a year
after they took effect.
b.

WVDEP cannot adopt an entirely new Standard Condition at this time.

As explained above, WVDEP’s proposal represents a new Standard Condition for the
2017 NWPs, not a clarification of a condition that the USACE already approved. The USACE’s
regulations governing 401 WQCs for the NWP program do not contemplate a state revising its
WQCs after USACE approved them or provide a mechanism for such revisions, however. See
33 C.F.R. § 330.4. As a result, WVDEP’s proposal must be treated as a proposal to withdraw
and resubmit its blanket WQCs. That is not a viable approach for imposing new after-the-fact
requirements under the CWA Section 401 program.
The USACE’s NWP regulations indicate that WVDEP should wait until the next
iterations of the NWPs in 2022 to take the steps that the state now proposes; otherwise, the
USACE may ignore WVDEP’s request and continue to apply the 401 WQCs as originally
drafted and approved:
Where a state, after issuing a 401 water quality certification for an NWP,
subsequently attempts to withdraw it for substantive reasons after the effective
date of the NWP, the division engineer will review those reasons and consider
whether there is substantial basis for suspension, modification, or revocation of
the NWP authorization as outlined in § 330.5. Otherwise, such attempted state
withdrawal is not effective and USACE will consider the state certification to be

8

 Comments Page 93

valid for the NWP authorizations until such time as the NWP is modified or
reissued.
33 C.F.R. § 330.4(c)(7)(emphasis added). WVDEP’s proposal attempts to sidestep the USACE
regulatory framework for addressing such changes to WQCs. That is impermissible.
Moreover, it would be imprudent for WVDEP to take action that might result in a
withdrawal of its WQCs for the 2017 NWPs should USACE disapprove of the change. Such a
withdrawal would mean that WVDEP is required to issue individual WQCs for the hundreds of
activities in the state each year that require authorization under each of those permits. That
would entail an enormous effort and commitment of financial and staffing resources that
WVDEP does not have. Further, it would almost certainly mean that issuance of individual
WQCs would be delayed, giving the USACE an opportunity to find that the state has waived its
certification for the activity in question:
In instances where a state has denied the 401 water quality certification for
discharges under a particular NWP, permittees must furnish the district engineer
with an individual 401 water quality certification or a copy of the application to
the state for such certification. For NWPs for which a state has denied the 401
water quality certification, the district engineer will determine a reasonable period
of time after receipt of the request for an activity-specific 401 water quality
certification (generally 60 days), upon the expiration of which the district
engineer will presume state waiver of the certification for the individual activity
covered by the NWPs. However, the district engineer and the state may negotiate
for additional time for the 401 water quality certification, but in no event shall the
period exceed one (1) year (see 33 CFR 325.2(b)(1)(ii)).
33 C.F.R. § 330.4(c)(6). In light of the USACE’s disagreement with the state’s new proposed
requirements, along with its refusal to enforce the WVDEP's interpretation, it is reasonable to
expect that it would liberally exercise this waiver authority and would not be inclined to grant
requests for time extensions that would throw its NWP program into chaos.
3.

If Approved by the WVDEP, Revised Standard Condition 2 Would Have
Unacceptable Consequences.

As discussed above, the USACE incorporated the “single and complete” project concept
into the NWP program in recognition of the fact that linear activities, like pipelines and roads,
typically must traverse at least several different waterbodies from their origin to their terminus.
But the USACE understands that those crossings each have independent utility and that they
cause no more than minimal adverse environmental effects both individually and cumulatively.
As a result, the USACE permits each linear crossing separately. Otherwise almost no linear
activities could meet the areal impacts thresholds of the respective NWPs despite posing no
appreciable risk of adverse impacts. WVDEP’s proposal for Standard Condition 2 would require
mitigation for linear activities based on an arbitrary aggregation of impacts from separate
projects crossing distinct waters. While WVONGA opposes that proposal and believe it would
be unlawful for the WVDEP to adopt it now, WVDEP should recognize the implications if
revised Standard Condition 2 were incorporated into the 2017 NWPs. The new condition would
impose severe mitigation obligations that would be cost prohibitive not only to many energy
9

 Comments Page 94

projects, but also to many projects across industry sectors in West Virginia, and would deplete
the supply of mitigation bank credits that are available for offsetting impacts under state law.
As WVDEP is aware, the USACE 2008 Mitigation Rule (40 C.F.R. Part 230) requires
that permittees utilize mitigation banks over in-lieu fee arrangements and the Permittee
Responsible Mitigation program, because the mitigation bank restoration has been established
and implemented, resulting in no temporal loss of resources for which the applicant is mitigating
(“no-net loss” of wetland function). Additionally, we have concerns regarding the availability of
USACE credits and ability to use those for mitigation not required by USACE. As WVDEP is
aware, private mitigation banks have a limited reserve of credits. Here, a road project with 600
feet of linear impacts could require a project proponent to pay upwards of $300,000 to the State
of West Virginia. The resulting impact is that industries will end up paying tens of millions, if
not hundreds of millions, of dollars to the state for compensatory mitigation not required to be
paid when the 2017 NWPs WQCs were finalized.
Moreover, to the extent that the only reasonably available mitigation for a particular
project comes from the Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS)
ledger, that mitigation likely could not be used under USACE policy. As provided in USACE’s
Regulatory Guidance Letter 92-04 (Sept. 1992), any condition that would “require the Corps or
another Federal agency to take an action [the agencies] would not otherwise take and do not
choose to take, would be clearly unacceptable.” Because the USACE has made clear that it is
not enforcing WVDEP’s position, revised Standard Condition 2 would be contrary to this policy.
The negative consequences for project planning—across all West Virginia industries
engaged in the construction of linear projects—cannot be overstated. Adding additional hundreds
of thousands of dollars to each linear project, when those projects are already subject to
numerous fees, taxes, and other permitting requirements that require significant expenditure, will
have an unacceptable chilling effect on infrastructure development in West Virginia.
4.

WVDEP Must Not Propose Environmental Provisions More Stringent Than The
Federal Counterpart

The West Virginia Legislature has established the public policy in W. Va. Code §22-1-3a
that legislative rules "may include new or amended environmental provisions which are more
stringent than the counterpart federal rule or program to the extent that the director first provides
specific written reasons which demonstrate that such provisions are reasonably necessary to
protect, preserve or enhance the quality of West Virginia's environment or human health or
safety, taking into consideration the scientific evidence, specific environmental characteristics of
West Virginia . . . ." As described in detail above, the WVDEP proposed expansion of Standard
Condition 2 is more stringent than the counterpart federal rule or program. However, WVDEP
has failed to provide any reason or basis for setting more stringent requirements, much less
"specific written reasons which demonstrate such provisions are reasonably necessary." As
noted above, it is clear that the proposed expansion of Standard Condition 2 that is more
stringent than the federal program is unnecessary and costly to West Virginia businesses utilizing
NWPs 12 and 14. The West Virginia Legislature has clearly expressed a policy for following
federal program standards in the absence of "specific written reasons which demonstrate that
such provisions are reasonably necessary." No such specific written reasons have been offered
10

 Comments Page 95

and such language is not reasonably necessary. Accordingly, WVONGA respectfully urges
WVDEP to withdraw the proposed revisions expanding Standard Condition 2.
5.

WVDEP’s Imposition of A New Standard Condition Is Inconsistent With the
Express Intent of the Governor’s Executive Order 2-18.

WVDEP’s attempt to add requirements to Standard Condition 2 is contrary to the
rulemaking moratorium imposed by Governor Justice earlier this year. On January 10, 2018,
the Governor issued Executive Order No. 2-18, which directed all West Virginia agencies to
“suspend rulemaking on any proposed rules that have not been filed with the Secretary of
State’s office,” unless the rule fits within one of seventeen exemptions. W. Va. Exec. Order No.
18-2 §§ 2-3. The Order further requires any agency seeking to promulgate a new rule to
provide written notice to the Governor explaining why the rule would fall within one of the
exemptions to the moratorium. Id. §§ 5-6. The rulemaking may only proceed if the Governor
finds that the proposed rule satisfies one of the moratorium’s seventeen exemptions. Id. § 6.
Proposed new Standard Condition 2 falls within none of the Executive Order’s
exemptions to the rulemaking moratorium. Nor has WVDEP followed the Order’s procedures
for obtaining an exemption. WVDEP should not proceed with a course of action that is
procedurally and substantively inconsistent with the express intent of the Governor’s directive.
6.

WVDEP May Not Impose Its New Standard Condition To Projects With
Authorizations or Pending Authorization Prior to USACE Approval.

The invalidity of WVDEP’s proposed Standard Condition 2 notwithstanding, if the State
finalizes the Condition and the USACE ultimately approves it, the new mitigation requirements
that it would impose would not apply to any activities for which the USACE already has
granted NWP verifications or for which an applicant already has submitted preconstruction
notification under the NWP program.
The U.S. Supreme Court has long recognized a presumption against retroactive laws “that
is deeply rooted in our jurisprudence.” Hughes Aircraft Co. v. United States, 520 U.S. 939, 946
(1997). That time-honored presumption applies “unless Congress has clearly manifested its
intent to the contrary.” Id. An administrative rule falls within this presumption “if it takes away
or impairs vested rights acquired under existing law, or creates a new obligation, imposes a new
duty, or attaches a new disability in respect to transactions or considerations already past.”
Nat’l Mining Ass’n v. U.S. Dept. of Interior, 177 F.3d 1, 8, (D.C. Cir. 1999). Proposed Standard
Condition 2 is just such a retroactive law: it would create a new obligation, impose a new duty,
and–if enforced retroactively by WVDEP on existing NWP verifications–take away or impair a
permittee’s vested rights acquired under existing law. As a result, Standard Condition 2, if
approved by the USACE, could only apply prospectively.
Moreover, WVDEP’s failure to disclose in the draft 2017 WQCs its new interpretation or
include language expressing that it intended for the cumulative impacts from all water crossings
to be aggregated under Standard Condition 2 denied the public an opportunity to comment on
that crucial point and precluded the USACE from considering it when evaluating the WQCs.
11

 Comments Page 96

That is contrary to the policy underlying WVDEP’s regulatory requirement to publish notice of
and provide for public comment on WQCs. See W. Va. Code R. § 47-5A-5.1. The imposition of
a wholly new Standard Condition 2 that attempts to justify WVDEP’s present efforts to collect
compensatory mitigation only confirms that the Department’s new interpretation is not rooted in
the 2012 WQCs and that Standard Condition 2 cannot support that interpretation without the
new language. In addition, by proposing to modify Standard Condition 2 over a year after it
took effect, WVDEP effectively has conceded that it did not provide adequate notice or an
opportunity to comment on its intended new interpretation when issuing the blanket WQCs last
year.
D.

Proposed Standard Condition 22 is Unnecessary and Miscast as a “Condition.”

Unlike the proposal for new Standard Condition 2, WVDEP’s proposed new Standard
Condition 22 is not a permit condition at all. Rather, the proposal simply restates WVDEP’s
existing authority under Section 401 of the CWA. As a result, WVONGA requests that WVDEP
remove this language from the Standard Conditions and simply explain that this is WVDEP’s
existing statutory and regulatory authority when implementing the 401 WQC program.
Under WVDEP’s Section 401 implementing regulations, the state defines “condition” to
mean “limitations and monitoring requirements that assure that any applicant for a federal
license or permit will comply with all applicable federal and State laws including water quality
standards.” W. Va. Code R. § 47-5A-2.6. Standard Condition 22 does not satisfy the criteria to
be considered a “condition.” As drafted, Standard Condition 22 would provide that WVDEP
may “waive, change or eliminate any of the Standard or Special Conditions of State 401 Water
Quality Certification Applicable to Nationwide Permits” as long as an applicant provides proof
that “it will employ a method or plan that will be more environmentally protective than any of
the Standard or Special Condition.” This proposal is neither a “limitation” nor a “monitoring
requirement.” Accordingly, WVDEP should not label it as a “condition” on its blanket WQCs
but rather frame it as a summary of its legal authority.
However, if WVDEP elects to incorporate proposed Standard Condition 22, WVONGA
requests that the phrase "more environmentally protective" be modified to "no less
environmentally protective." An applicant should not be required to fulfill a higher standard
than that required by the Standard and Special Conditions in order to utilize an alternative
method or plan.

12

 Comments Page 97

WVONGA requests that these comments be given serious and careful consideration and
would be willing to meet with the WVDEP to discuss these comments.

Respectfully Submitted,

West Virginia Oil and Natural Gas Association
By:
Its:

Anne C. Blankenship
Executive Director

11147718

13

 Comments Page 98

DEP WQS Comments
From:
Sent:
To:
Subject:

Sally Roberts Wilson <zubiejanubie@suddenlink.net>
Monday, September 17, 2018 4:36 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
As someone who lives by a river I find it unacceptable that the proposed revisions would allow DEP to waive, change, or
eliminate any of the standard or special conditions of the State 401 Water Quality Certification applicable to Nationwide
Permits without any consideration of public input.
These changes could have profound negative effects on the state's health, quality of life, recreational, tourism and
sportsman opportunities as well as the health and productivity of our wildlife and biological species. As a life long West
Virginian,I find this wholly inconsistent with your mission and meeting the desire and needs of the people of our state.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Sally Roberts Wilson
54 Cheat Canyon Park Dr
Morgantown, WV 26508
3045493623

1

 Comments Page 99

DEP WQS Comments
From:
Sent:
To:
Subject:

Chris Asmann <pointydog@hotmail.com>
Monday, September 17, 2018 4:39 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
There is no need for me to repeat the many valid reasons these changes should be rejected. the areas where clearcutting and other pipeline construction activities have begun are all anyone would need to see to understand that we
need more control and better scrutiny of every aspect of their project, not less!
Your Department is pledged to protect our environment. Please step up and take that role seriously.
Chris Asmann
1799 Fort Spring Pike
Fort Spring, WV 24970
8455420726

1

 Comments Page 100

DEP WQS Comments
From:
Sent:
To:
Subject:

Carol Denney <cdenney@igc.org>
Monday, September 17, 2018 4:40 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Carol Denney
Apt 4
Berkeley, CA 94702
5105481512

1

 Comments Page 101

DEP WQS Comments
From:
Sent:
To:
Subject:

Barbara Michaelson <samaramich@gmail.com>
Monday, September 17, 2018 4:41 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Barbara Michaelson
323 Ravens Way
Ronceverte, WV 24970
3045201501

1

 Comments Page 102

DEP WQS Comments
From:
Sent:
To:
Subject:

Natalie DeBoer <nbd53@yahoo.com>
Monday, September 17, 2018 4:42 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Natalie DeBoer
8823 Michaux Lane
Richmond, VA 23229
8045036512

1

 Comments Page 103

DEP WQS Comments
From:
Sent:
To:
Subject:

Nancy Bouldin <nancy_bouldin@hotmail.com>
Monday, September 17, 2018 4:45 PM
DEP WQS Comments
Proposed Modifications to WVDEP's 401 Water Quality Certification for Nationwide
Permits

Cabinet Secretary Caperton
Secretary Caperton,
As a resident in a county deeply affected by the Mountain Valley Pipeline and a member of a watershed association that
has partnered with DEP for many years on issues of stream and watershed protection, I oppose the proposed
modifications related to the waiver of permit conditions under the WV State 401 Water Quality Certification for the U.S.
Army Corps of Engineers Nationwide Permits.
What has changed since the DEP wrote the existing conditions it now wants to modify, including conditions that limit the
Nationwide permit to pipelines no larger than 36 inches, or restrict water-crossing times to 72 hours? Certainly not the
environmental rationale for those conditions, nor the increasingly challenging and unpredictable precipitation events
that would warrant tighter oversight, not looser. The only apparent change driving this proposal is politics and big
energy money.

Experience to date with recent large pipelines such as Rover, Leach Xpress, Mountain Valley Pipeline, Atlantic Coast
Pipeline, and others are providing clear evidence that one-size-fits-all permitting across West Virginia's terrain does not
work. Too many streams are receiving repeated loads of sediment and run-off as initial and even upgraded BMPs
continue to fail.
Local construction contractors and loggers have commented that they would never be allowed to get away with the
minimal erosion and control devices, or vast expanses of clear-cut and exposed ROWs that Mountain Valley Pipeline has
been creating across 200 miles of West Virginia. The same holds for stream and river crossings.
The proposed modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available for stream crossings. Using individual 401 certifications rather than the Nationwide 12 permit, each
waterbody crossing proposal could be tailored to its specific situation (as it should be).
Finally, it is an affront to West Virginia citizens and other concerned stakeholders for DEP to consider allowing itself to
waive, change, or eliminate any of the standard or special conditions of the State 401 Water Quality Certification
applicable to Nationwide Permits without consideration of public input.
Thank you for the opportunity to provide input on this proposal. I strongly request that you not move forward with it.
Respectfully,
Nancy Bouldin

Nancy Bouldin
1

 Comments Page 104
240 Wayside-Creamery Rd
Greenville, WV 24945
3048326020

Comments Page 105

DEP WQS Comments
From:
Sent:
To:
Subject:

Joy Bridy <joybridy@yahoo.com>
Monday, September 17, 2018 4:54 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Joy Bridy
Warm Springs Road
Shenandoah Junction, WV 25442
202.456.1111

1

 Comments Page 106

DEP WQS Comments
From:
Sent:
To:
Subject:

Grace Glaser-Lynch <gglynch@gmail.com>
Monday, September 17, 2018 4:59 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Grace Glaser-Lynch
PO Box 114
Rock Cave, WV 0
3046423351

1

 Comments Page 107

DEP WQS Comments
From:
Sent:
To:
Subject:

John Leyzorek <leyzorek@yahoo.com>
Monday, September 17, 2018 4:47 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
John Leyzorek
2133 Edray Road
Marlinton, WV 0
3047997191

1

 Comments Page 108

DEP WQS Comments
From:
Sent:
To:
Subject:

Gail Kohlhorst <kohlhorst@comcast.net>
Monday, September 17, 2018 5:01 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Gail Kohlhorst
3153 Engle Molers
Harpers Ferry, WV 25425
(304) 885-0733

1

 Comments Page 109

DEP WQS Comments
From:
Sent:
To:
Subject:

David Hawkes <dahawk@frontier.com>
Monday, September 17, 2018 4:49 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
David Hawkes
16229 Seneca Tr. S
Lindside, WV 24951
3048326287

1

 Comments Page 110

DEP WQS Comments
From:
Sent:
To:
Subject:

Duane Nichols <Nichols330@gmail.com>
Monday, September 17, 2018 4:49 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Duane Nichols
330Dream Catcher Circle
Morgantown, WV 26508
304-599-8040

1

 Comments Page 111

DEP WQS Comments
From:
Sent:
To:
Subject:

Larry Thomas <larryvthomas@aol.com>
Monday, September 17, 2018 4:51 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Larry Thomas
P.O. Box 194
Circleville, WV 26804
3045672602

1

 Comments Page 112

DEP WQS Comments
From:
Sent:
To:
Subject:

Jon DeBoer <natdebo53@gmail.com>
Monday, September 17, 2018 4:53 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jon DeBoer
8823 Michaux Ln
Henrico, VA 23229
8045036512

1

 Comments Page 113

DEP WQS Comments
From:
Sent:
To:
Subject:

Jennifer Jones <jenajones44@gmail.com>
Monday, September 17, 2018 5:04 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jennifer Jones
83 Shepherd Lane
Shepherdstown, WV 25443
240 527 3539

1

 Comments Page 114

DEP WQS Comments
From:
Sent:
To:
Subject:

Jo Will <wvjo0425@yahoo.com>
Monday, September 17, 2018 5:02 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jo Will
p.o.box 26
Lindside, WV 24951
3049921275

1

 Comments Page 115

DEP WQS Comments
From:
Sent:
To:
Subject:

carole jenkins <ironwillfarm78@gmail.com>
Monday, September 17, 2018 5:05 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
carole jenkins
768 walnut shade rd
Louisa, VA 23093
(540) 967-1785

1

 Comments Page 116

DEP WQS Comments
From:
Sent:
To:
Subject:

Misty Dyke <meesh728@gmail.com>
Monday, September 17, 2018 5:25 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Misty Dyke
PO Box 1373
Oak Hill, WV 25901
3046405426

1

 Comments Page 117

DEP WQS Comments
From:
Sent:
To:
Subject:

Ashofteh Bouman <ashbouman@hotmail.com>
Monday, September 17, 2018 5:09 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Ashofteh Bouman
282 Ashwood Dr.
Meadow Bridge, WV 0
304-466-3844

1

 Comments Page 118

DEP WQS Comments
From:
Sent:
To:
Subject:

Timothy Simmons <etim@mail.com>
Monday, September 17, 2018 5:50 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Timothy Simmons
quarrier st
charleston, WV 25301
3043444444

1

 Comments Page 119

DEP WQS Comments
From:
Sent:
To:
Subject:

Kerren Hall <kerrengh@yahoo.com>
Monday, September 17, 2018 6:01 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Kerren Hall
167 Hess Rd
Fayetteville, WV 25840
3047318063

1

 Comments Page 120

DEP WQS Comments
From:
Sent:
To:
Subject:

William Turner <ichthyocentric@hotmail.com>
Monday, September 17, 2018 5:58 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
William Turner
531 Church St.
Lewisburg, WV 24901
304-647-3978

1

 Comments Page 121

DEP WQS Comments
From:
Sent:
To:
Subject:

Orus BERKLEY <oab41@yahoo.com>
Monday, September 17, 2018 7:34 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Orus BERKLEY
P.O. Box 366
Talcott, WV 24981
3044452622

1

 Comments Page 122

DEP WQS Comments
From:
Sent:
To:
Subject:

Sue Wilcox <qzsue4@gmail.com>
Monday, September 17, 2018 7:27 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Sue Wilcox
64 West Main Street
Richwood, WV 26261
3048466548

1

 Comments Page 123

DEP WQS Comments
From:
Sent:
To:
Subject:

Michael Lombardi <mike.lombardi@rcn.com>
Monday, September 17, 2018 7:39 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Michael Lombardi
19 Morning Glory Lane
Levittown, PA 19054
2155477096

1

 Comments Page 124

DEP WQS Comments
From:
Sent:
To:
Subject:

DAVID ROMINE <da.romine@yahoo.com>
Monday, September 17, 2018 7:41 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
DAVID ROMINE
345 Cloverfield Ln
LEWISBURG, WV, WV 24901
3046453528

1

 Comments Page 125

DEP WQS Comments
From:
Sent:
To:
Subject:

Andrea Klopp <andreaklopp@gmail.com>
Wednesday, September 12, 2018 7:44 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Andrea Klopp
676 Wood Thrush Way
Hinton, WV 25951
304-445-3154

1

 Comments Page 126

DEP WQS Comments
From:
Sent:
To:
Subject:

Christine Stewart <atticuss@pacbell.net>
Wednesday, September 12, 2018 7:30 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Christine Stewart
307 Whippoorwill Glen
Escondido, CA 92026
760 489-1318

1

 Comments Page 127

DEP WQS Comments
From:
Sent:
To:
Subject:

Carole Williams <cwilli22@gmail.com>
Wednesday, September 12, 2018 6:14 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Carole Williams
2223 Heritage Pt
Morgantown, WV 26505
3045540199

1

 Comments Page 128

DEP WQS Comments
From:
Sent:
To:
Subject:

John Doyle <jdoyle952@gmail.com>
Wednesday, September 12, 2018 7:26 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
The construction of these pipelines has already proven some of my worst fears about them and t o weaken the standards
for environmental law compliance would be a betrayal of the public trust and the environment.
John Doyle
1527 Hampton Rd
Charleston, WV 25314
3044372186

1

 Comments Page 129

DEP WQS Comments
From:
Sent:
To:
Subject:

John Pasqua <killself5150@yahoo.com>
Wednesday, September 12, 2018 5:21 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
John Pasqua
843 S ESCONDIDO BLVD
Valley Center, CA 92025
7604843741

1

 Comments Page 130

DEP WQS Comments
From:
Sent:
To:
Subject:

garvey garvey <wolfhowlmama@yahoo.com>
Wednesday, September 12, 2018 7:22 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
garvey garvey
429 s 24th
clinton, OK 73601
5803232327

1

 Comments Page 131

DEP WQS Comments
From:
Sent:
To:
Subject:

Dean Teaney <deanteaney@yahoo.com>
Wednesday, September 12, 2018 6:46 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Dean Teaney
484 Ledgeview Drive
Fayetteville, WV 25840
304=574-3375

1

 Comments Page 132

DEP WQS Comments
From:
Sent:
To:
Subject:

Linda Jones <Jerichorose3@yahoo.com>
Wednesday, September 12, 2018 5:18 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Linda Jones
1004 Tanner Hill Rd
Tanner, WV 26137
3044628549

1

 Comments Page 133

DEP WQS Comments
From:
Sent:
To:
Subject:

Doug Evans <douglas.evans@me.com>
Wednesday, September 12, 2018 5:14 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Doug Evans
214 10th Street
Parkersburg, WV 26101
130-471-0793

1

 Comments Page 134

DEP WQS Comments
From:
Sent:
To:
Subject:

Kate Leary <kate_g_leary@yahoo.com>
Wednesday, September 12, 2018 5:13 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Kate Leary
407 William Avenue, Apt. 3
Davis, WV 26260
845-341-3726

1

 Comments Page 135

DEP WQS Comments
From:
Sent:
To:
Subject:

Steve Curry <currysteve@msn.com>
Wednesday, September 12, 2018 5:11 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Steve Curry
1105 lynn oak dr
Charleston, WV 25313
3047766207

1

 Comments Page 136

DEP WQS Comments
From:
Sent:
To:
Subject:

AnnaMary Walsh <gawalsh@frontiernet.net>
Wednesday, September 12, 2018 5:23 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I join hundreds of West Virginians who oppose the proposed modifications related to the waiver of permit conditions
under the WV State 401 Water Quality Certification for the U.S. Army Corps of Engineers Nationwide Permits.
Allowing the DEP to waive, change, or eliminate any of the standard or special conditions of the State 401 Water Quality
Certification applicable to Nationwide Permits without any consideration of public input is totally unacceptable.
It's obvious that the modifications do NOT have to do with more environmentally protective methods.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
Instead of making these proposed modifications, DEP should use individual 401 Water Quality Certifications to provide
stream and wetland protections tailored to each project.
It's to the benefit to the state waterways that 401 water quality certification requirements do not change for nationwide
permits.
AnnaMary Walsh
254 Chandler Dr
Shepherdstown, WV 25443
3048766828

1

 Comments Page 137

DEP WQS Comments
From:
Sent:
To:
Subject:

Robert A. Mertz <no1ramertz@gmail.com>
Wednesday, September 12, 2018 5:11 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
It is unjust and unfair to change the rules to benefit the pipeline builders over the valid concerns of the citizens of this
state.
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
As a retired Biology teacher with 31 years teaching about the value and vulnerabilities of streams and aquatic
environments, I am greatly concerned that you are advancing the financial interests of the industries over the long term
welfare of my grandkids.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Robert A. Mertz
1205 Mulberry Rdg
Spencer, WV 25276
(304) 927-5055

1

 Comments Page 138

DEP WQS Comments
From:
Sent:
To:
Subject:

Lorenz Steininger <schreibdemstein@posteo.de>
Wednesday, September 12, 2018 4:18 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Lorenz Steininger
waldst
hohenwart, GA 86558
1111111111

1

 Comments Page 139

DEP WQS Comments
From:
Sent:
To:
Subject:

Angela Hughes <scampyhughes@aol.com>
Wednesday, September 12, 2018 4:43 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Angela Hughes
2101 Rays Branch Rd
Charleston, WV 25314
3044370381

1

 Comments Page 140

DEP WQS Comments
From:
Sent:
To:
Subject:

Martha Glock <martha.glock@gmail.com>
Wednesday, September 12, 2018 4:41 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Martha Glock
8360 Greensboro Rd. #909
McLean,, VA 22102
7036980971

1

 Comments Page 141

DEP WQS Comments
From:
Sent:
To:
Subject:

Raegan Biggs <raegana@gmail.com>
Wednesday, September 12, 2018 4:40 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Raegan Biggs
474 Hazelnut Dr
Princeton, WV 24739
304-920-9848

1

 Comments Page 142

DEP WQS Comments
From:
Sent:
To:
Subject:

Jonathan Pilkington <ibcarefree78@yahoo.com>
Wednesday, September 12, 2018 4:40 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jonathan Pilkington
5259 Greenbrier Drive
Hinton, WV 25951
3045555555

1

 Comments Page 143

DEP WQS Comments
From:
Sent:
To:
Subject:

Jeffrey Collins <onewvnnc@yahoo.com>
Wednesday, September 12, 2018 4:31 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jeffrey Collins
112 Collins Drive
Lester, WV 0
3047638060

1

 Comments Page 144

DEP WQS Comments
From:
Sent:
To:
Subject:

Valerie Woody <AstroValerieW@gmail.com>
Wednesday, September 12, 2018 4:27 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
DEP is charged with stewardship of both our natural resources and public safety. These proposed changes will clearly
endanger both goals. I urge you strongly to reject these proposed changes and if any action is to be taken it should be
for closer adherence and fealty to those goals. Please take the time, a pipeline is built once but will remain for decades.
We only have one chance to get this right.
Valerie Woody
917 Churchill Cir
Charleston, WV 25314
3046903633

1

 Comments Page 145

DEP WQS Comments
From:
Sent:
To:
Subject:

Rosemary Graham-Gardner <liaisonsus@aol.com>
Wednesday, September 12, 2018 4:26 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I vehemently oppose the proposed modifications related to the waiver of permit conditions under the WV State 401
Water Quality Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections. Why not? It is in all of our interests. Do you actually believe are living o n
a different planet from ours?
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Just remember that you are on our payroll as Public Servants..
Rosemary Graham-Gardner
PO Box 3335
Manhattan Beach, CA 90266
3103727955

1

 Comments Page 146

DEP WQS Comments
From:
Sent:
To:
Subject:

Salt Salt <zelkovapress@gmail.com>
Wednesday, September 12, 2018 4:11 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Salt Salt
1 Nomail St
Coventry, RI 2816
4015551111

1

 Comments Page 147

DEP WQS Comments
From:
Sent:
To:
Subject:

Debbie Naeter <debbienaeter50@gmail.com>
Wednesday, September 12, 2018 4:07 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Debbie Naeter
375 Hillside Pass
Frankford, WV 24038
5734501401

1

 Comments Page 148

DEP WQS Comments
From:
Sent:
To:
Subject:

Breanna Avington <breacheeze@gmail.com>
Wednesday, September 12, 2018 4:03 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Breanna Avington
237 Birch Rd
Tuckerton, NJ 08087
3046858641

1

 Comments Page 149

DEP WQS Comments
From:
Sent:
To:
Subject:

Tom Hoffman <gopullman@aol.com>
Wednesday, September 12, 2018 3:47 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Tom Hoffman
135 Davis Lane
Pearisburg, VA 24134
5409211184

1

 Comments Page 150

DEP WQS Comments
From:
Sent:
To:
Subject:

Susan Hamann <ingohamann@me.com>
Wednesday, September 12, 2018 4:02 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Susan Hamann
1 Ming Court
Chester, NJ 7930
7324812472

1

 Comments Page 151

DEP WQS Comments
From:
Sent:
To:
Subject:

michael sayre <mike.sayre@hotmail.com>
Wednesday, September 12, 2018 3:46 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
michael sayre
226 Oakwood Rd, Charleston 25314
Charleston, WV 25314
304-610-6235

1

 Comments Page 152

DEP WQS Comments
From:
Sent:
To:
Subject:

Judy Hamilton <annasmomjudy@yahoo.com>
Wednesday, September 12, 2018 3:50 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Judy Hamilton
907 Mathews Ave
Charleston, WV 25302
3043469210

1

 Comments Page 153

DEP WQS Comments
From:
Sent:
To:
Subject:

Herb Myers <hesemyers@gmail.com>
Wednesday, September 12, 2018 3:48 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Herb Myers
475 Blizzards Gate Road
Harman, WV 26270
3042274661

1

 Comments Page 154

DEP WQS Comments
From:
Sent:
To:
Subject:

Martha Spencer <spencer_martha@hotmail.com>
Wednesday, September 12, 2018 3:41 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Martha Spencer
988 Henry Mountain Rd
Brevard, NC 28712
8288852680

1

 Comments Page 155

DEP WQS Comments
From:
Sent:
To:
Subject:

David Billups <davidtbillups@gmail.com>
Wednesday, September 12, 2018 3:45 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
David Billups
1050 Valley View Ave Trlr 14
Morgantown, WV 26505
(804) 767.0690

1

 Comments Page 156

DEP WQS Comments
From:
Sent:
To:
Subject:

David Lillard <david@lillards.com>
Wednesday, September 12, 2018 3:41 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
David Lillard
82 Sybil Court
Shepherdstown, WV 25443
304-876-2860

1

 Comments Page 157

DEP WQS Comments
From:
Sent:
To:
Subject:

Marilyn McGerry <mandw@suddenlink.net>
Wednesday, September 12, 2018 3:40 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Marilyn McGeorge
Marilyn McGerry
1529 Virginia St. E
Charleston, WV 25311
304-546-6647

1

 Comments Page 158

DEP WQS Comments
From:
Sent:
To:
Subject:

Bruce Troutman <btroutman55@yahoo.com>
Wednesday, September 12, 2018 3:40 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Bruce Troutman
9 Taylor Street
Staunton, VA 24401
5404488048

1

 Comments Page 159

DEP WQS Comments
From:
Sent:
To:
Subject:

David Brisell <briselld@frontiernet.net>
Wednesday, September 12, 2018 3:37 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
David Brisell
3491 Clifton Mills Rd
Bruceton Mills, WV 26525
3043793503

1

 Comments Page 160

DEP WQS Comments
From:
Sent:
To:
Subject:

Peter Schumacher <pschu9@gmail.com>
Wednesday, September 12, 2018 3:24 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Peter Schumacher
2335 Burton Run Rd
Pennsboro, WV 26415
3043772329

1

 Comments Page 161

DEP WQS Comments
From:
Sent:
To:
Subject:

Tracy Asbury <tracyasbury99@gmail.com>
Wednesday, September 12, 2018 2:40 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Tracy Asbury
PO Box 535
White Sulphur Springs, WV 24986
3045361417

1

 Comments Page 162

DEP WQS Comments
From:
Sent:
To:
Subject:

Sherry Sturman <sherry.sturman@gmail.com>
Wednesday, September 12, 2018 2:39 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Sherry Sturman
145 BERRIDGE DR
SHEPHERDSTOWN, WV 25443
3044333681

1

 Comments Page 163

DEP WQS Comments
From:
Sent:
To:
Subject:

Pamela Ruediger <pjruediger@yahoo.com>
Wednesday, September 12, 2018 3:10 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I vehemently oppose the proposed modifications related to the waiver of permit conditions under the WV State 401
Water Quality Certification for the U.S. Army Corps of Engineers Nationwide Permits!!
It is TOTALLY UNACCEPTABLE that the proposed revisions would allow DEP to waive, change, or eliminate any of the
standard or special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input!!!!
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to ACTUALLY ELIMINATE PROTECTIONS?!!!! This is horrific!!!
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods!!
OUTRAGEOUSLY WRONG!!!
These modifications are NOT necessary for DEP to enable a company to use the most environmentally protective
methods available!! The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project!
OUR WATER MUST BE PROTECTED!!
Pamela Ruediger
64 Weeping Willow Run
Parsons, WV 26287
304-532-3580

1

 Comments Page 164

DEP WQS Comments
From:
Sent:
To:
Subject:

Daniel Taylor <danotbob@gmail.com>
Wednesday, September 12, 2018 2:56 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Daniel Taylor
1529 Lee St E
CHARLESTON, WV 25311
3045219865

1

 Comments Page 165

DEP WQS Comments
From:
Sent:
To:
Subject:

Bunnie Dickinson <LaurelCreek13@gmail.com>
Wednesday, September 12, 2018 2:44 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Enough is enough. At every single turn, the government has bent over backwards to accommodate the desires of
MVP and their efforts to install a NOT WANTED/NOT NEEDED. To start with MVP has NOT legitimately documented a
valid need for this fracked gas. They have turned our beautiful county into and industrial area. The roads our covered
with mud and rocks, the public is inconvenienced with constant stoppages while they move their equipment - on our
two main routes, the trucks and equipment speed down these roads and I personally have almost been run of the road
twice. There have been constant requests by MVP for easement of laws already put into place for the public benefit,
which are merely waived away by FERC and other government agencies. What the hell happened to a government for,
by and of the people. This is a blatant abuse of our constitutional rights. STOP THIS NOW and save our water, and our
planet for future generations.
Bunnie Dickinson
3861 Laurel Creek Road
Greenville, WV 24945
304-832-6318

1

 Comments Page 166

DEP WQS Comments
From:
Sent:
To:
Subject:

Elizabeth McClintock <emcclintock1@frontier.com>
Wednesday, September 12, 2018 3:08 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Elizabeth McClintock
114 Riverview Drive
Tornado, WV 25202
304-722-2469

1

 Comments Page 167

DEP WQS Comments
From:
Sent:
To:
Subject:

Jane Butler <butlertwins97@aol.com>
Wednesday, September 12, 2018 3:01 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jane Butler
314 Wild Rose Dr
HEDGESVILLE, WV 25427
3042585594

1

 Comments Page 168

DEP WQS Comments
From:
Sent:
To:
Subject:

Ellen Halbert <ellenhalbert@hotmail.com>
Wednesday, September 12, 2018 2:59 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
I am, frankly, appalled by the realization that these regulatory changes would allow pipeline corporations to have
virtually free rein to threaten our water resources and the ecosystems they nourish, for their own convenience and
profit. These regulations would keep the communities affected by pipeline projects in the dark and would prevent them
from defending resources rhat are rightfully theirs. I urge you in the strongest terms to protect the public interest and
discard the proposed changes.
Thank you.
Ellen Halbert
46454 Cherryfield Ln
Drayden, MD 20630
555-555-5555

1

 Comments Page 169

DEP WQS Comments
From:
Sent:
To:
Subject:

Jonathan Rugh <Jonathanrugh@gmail.com>
Wednesday, September 12, 2018 2:57 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jonathan Rugh
1513 Boxwood Dr
Blacksburg, VA 24060
8142410572

1

 Comments Page 170

DEP WQS Comments
From:
Sent:
To:
Subject:

Ned Savage <nedsavage@gmail.com>
Wednesday, September 12, 2018 2:49 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Ned Savage
8094 Upper Craig Creek Rd.
Catawba, VA 24070
5405204154

1

 Comments Page 171

DEP WQS Comments
From:
Sent:
To:
Subject:

Art Glick <omb00900@mail.wvnet.edu>
Wednesday, September 12, 2018 2:30 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Art Glick
638 Glicks Rd
Renick, WV 24966
3046457636

1

 Comments Page 172

DEP WQS Comments
From:
Sent:
To:
Subject:

Joel Wolpert <scherzandocorrendo@gmail.com>
Wednesday, September 12, 2018 2:46 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Sincerely,
Joel Wolpert
Joel Wolpert
892 Stringtown Road
Belington, WV 26250
720-438-0476

1

 Comments Page 173

DEP WQS Comments
From:
Sent:
To:
Subject:

Diana Greenhalgh <diana12759@gmail.com>
Wednesday, September 12, 2018 2:39 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Diana Greenhalgh
2051 Red Lick Rd
New MIlton, WV 26411
3048731376

1

 Comments Page 174

DEP WQS Comments
From:
Sent:
To:
Subject:

Michael Klausing <mike_klausing@hotmail.com>
Wednesday, September 12, 2018 2:37 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Michael Klausing
624 Cross Lanes Dr Apt 11
Nitro, WV 25143
25143

1

 Comments Page 175

DEP WQS Comments
From:
Sent:
To:
Subject:

John Pullen <jmpullen8@gmail.com>
Wednesday, September 12, 2018 2:31 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
Changes to permit conditions that have been proposed, after it came tolight that a pipeline project had failed to meet
them, make it appear that your operation is in the pocket of the pipeline industry. Most alarming of all is the proposal
that changes to permit conditions can be made without previously informing and taking input from the public - that
smacks of out-and-out corruption!
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
John Pullen
202 Bones Wright St
Shepherdstown, WV 25443
304-876-8142

1

 Comments Page 176

DEP WQS Comments
From:
Sent:
To:
Subject:

Penny Manion <Pennyrmanion@yahoo.com>
Wednesday, September 12, 2018 2:16 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Penny Manion
PO Box 1307
Shepherdstown, WV 25443
3049041983

1

 Comments Page 177

DEP WQS Comments
From:
Sent:
To:
Subject:

Copley Smoak <omnirodman@gmail.com>
Wednesday, September 12, 2018 2:28 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Copley Smoak
4712 Tahiti Drive
Bonita Springs, FL 34134
8005319762

1

 Comments Page 178

DEP WQS Comments
From:
Sent:
To:
Subject:

peggy combs <plcnelson1989@yahoo.com>
Wednesday, September 12, 2018 2:26 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
peggy combs
9000 Horrigan ct. Apt. A
Henrico, Va., VA 23294
804 358-4951

1

 Comments Page 179

DEP WQS Comments
From:
Sent:
To:
Subject:

Roberta Rohn <bobbierohn@yahoo.com>
Wednesday, September 12, 2018 2:23 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Roberta Rohn
2617 Spohrs Rd.
Berkeley Springs, WV 25411
3042583509

1

 Comments Page 180

DEP WQS Comments
From:
Sent:
To:
Subject:

Suzanne Feldman <feldsipe@verizon.net>
Wednesday, September 12, 2018 2:19 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Suzanne Feldman
404 Lee Place
Frederick, MD 21702
3016942808

1

 Comments Page 181

DEP WQS Comments
From:
Sent:
To:
Subject:

William H. Funk <williamfunk3@icloud.com>
Wednesday, September 12, 2018 2:16 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
William H. Funk
514 Marquis Street
Staunton, VA 24401
5402928581

1

 Comments Page 182

DEP WQS Comments
From:
Sent:
To:
Subject:

Tia Triplett <tia@anlf.com>
Wednesday, September 12, 2018 2:12 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Tia Triplett
3959 Berryman Avenue
Los Angeles, CA 90066
3105520035

1

 Comments Page 183

DEP WQS Comments
From:
Sent:
To:
Subject:

Barb Howe <barbara.howe@mail.wvu.edu>
Wednesday, September 12, 2018 2:04 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Barb Howe
432 Riley St.
Morgantown, WV 26505
304-599-6743

1

 Comments Page 184

DEP WQS Comments
From:
Sent:
To:
Subject:

D'Onofrio D'Onofrio <bigadfromlb@comcast.net>
Wednesday, September 12, 2018 2:13 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
D'Onofrio D'Onofrio
25118 Smith Grove Rd
North Dinwiddie, VA 23803
8048612390

1

 Comments Page 185

DEP WQS Comments
From:
Sent:
To:
Subject:

Paul Miller <dmiller@gcdkidney.com>
Wednesday, September 12, 2018 2:07 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Paul Miller
2817 Madison ave
Saint Albans, WV 25177
3047277575

1

 Comments Page 186

DEP WQS Comments
From:
Sent:
To:
Subject:

Marissa Johnson <rissaj1@yahoo.com>
Wednesday, September 12, 2018 2:07 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Marissa Johnson
304 Dewey St
Morgantown, WV 26501
3046514905

1

 Comments Page 187

DEP WQS Comments
From:
Sent:
To:
Subject:

Shannon Holliday <hollidayzd@yahoo.com>
Wednesday, September 12, 2018 2:02 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Shannon Holliday
163 Berridge Dr
Shepherdstown, WV 25443
3047027017

1

 Comments Page 188

DEP WQS Comments
From:
Sent:
To:
Subject:

doug krause <dougkrause@mts.net>
Thursday, September 13, 2018 2:31 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
doug krause
3501 maccorkle
charlestone, WV 25304
5555555555

1

 Comments Page 189

DEP WQS Comments
From:
Sent:
To:
Subject:

Nick Schoning <alocalfilm@gmail.com>
Thursday, September 13, 2018 2:28 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Nick Schoning
3765 Waldo Pl
Columbus, OH 43220
6147388130

1

 Comments Page 190

DEP WQS Comments
From:
Sent:
To:
Subject:

Giulia Mannarino <manna397@yahoo.com>
Thursday, September 13, 2018 12:41 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Giulia Mannarino
2292 Middle Fork Lee Creek RD
Belleville, WV 26133
304 863-8484

1

 Comments Page 191

DEP WQS Comments
From:
Sent:
To:
Subject:

Elizabeth Wisecarver <eawisecarver@yahoo.com>
Thursday, September 13, 2018 1:53 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Elizabeth Wisecarver
PO Box 1963
Shepherdstown, WV 25443
3042795384

1

 Comments Page 192

DEP WQS Comments
From:
Sent:
To:
Subject:

SJ BROWN <sjbrownpictures@hotmail.com>
Thursday, September 13, 2018 3:43 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
SJ BROWN
weeping willow
fallingwaters, WV 25419
304-270-1101

1

 Comments Page 193

DEP WQS Comments
From:
Sent:
To:
Subject:

Sarah Hinnant <sarahhinnant@gmail.com>
Thursday, September 13, 2018 4:26 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Sarah Hinnant
317 Pat Cale Rd
Masontown, WV 26542
3048644009

1

 Comments Page 194

DEP WQS Comments
From:
Sent:
To:
Subject:

Karen Arbogast <ksarbogast@comcast.net>
Thursday, September 13, 2018 2:48 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Karen Arbogast
214 Main Street
Cass, WV 24927
814-371-1454

1

 Comments Page 195

DEP WQS Comments
From:
Sent:
To:
Subject:

Mara Robbins <mara.robbins@gmail.com>
Thursday, September 13, 2018 3:18 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Mara Robbins
6976 Conner Rd
Copper Hill, VA 24079
5408088357

1

 Comments Page 196

DEP WQS Comments
From:
Sent:
To:
Subject:

Jennifer Lee <jennie.lee42@yahoo.com>
Thursday, September 13, 2018 12:39 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Our streams and rivers are important to us. They deserve the highest protection we can provide for them. Cutting
corners should not be an option.
Jennifer Lee
2705 18th Avenue
Parkersburg, WV 26101
3043191953

1

 Comments Page 197

DEP WQS Comments
From:
Sent:
To:
Subject:

K Scott <lil_lily@icloud.com>
Thursday, September 13, 2018 5:58 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
K Scott
Arlington Ave.
Charleston, WV 25302
3045907208

1

 Comments Page 198

DEP WQS Comments
From:
Sent:
To:
Subject:

Jeanne Rushin <jmrushin@att.net>
Thursday, September 13, 2018 1:49 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jeanne Rushin
PO Box 547
Fayetteville, WV 25840
3047197980

1

 Comments Page 199

DEP WQS Comments
From:
Sent:
To:
Subject:

Sue E. Dean <deanks@juno.com>
Thursday, September 13, 2018 3:51 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Sue E. Dean
236 Pratt Street
Longmont, CO 80501
3035551212

1

 Comments Page 200

DEP WQS Comments
From:
Sent:
To:
Subject:

Diane Blust <dblust73@gmail.com>
Thursday, September 13, 2018 1:44 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
We all depend on the ecosystem that surrounds us for our health and well-being. If you continue to allow corporations
to take risks with our clean water, you will put all of us at risk. Do your job and demand that corporations take all
necessary measures to protect our state's waters. Do not make changes that will harm the environment.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Diane Blust
1365 Uvilla Rd
Harpers Ferry, WV 25425
3048704916

1

 Comments Page 201

DEP WQS Comments
From:
Sent:
To:
Subject:

Larry & Evelyn Dadisman <ldadisman@yahoo.com>
Thursday, September 13, 2018 12:33 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
I believe that dewatering the streambed can be done without this process. Routing the stream around the site while the
crossing in the one area of the stream is completed it not unreasonable.
Stopping public involvement would give the corporations, stock holders all the rights and demands over personal
property owners and protected forest and lands. This is totally unacceptable and beyond any constitutional law.
The total of the proposals are nothing more than a rush to riches at their request.
Larry & Evelyn Dadisman
912 Greendale Dr
Charleston, WV 25302
304-343-1156

1

 Comments Page 202

DEP WQS Comments
From:
Sent:
To:
Subject:

Rachael Pappano <shamrock.magic@yahoo.com>
Thursday, September 13, 2018 1:00 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Rachael Pappano
330 River Rd.
Mattawamkeag, ME 04459
(

1

 Comments Page 203

DEP WQS Comments
From:
Sent:
To:
Subject:

Beth Bullard <beth@bullardfamily.org>
Thursday, September 13, 2018 9:46 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Beth Bullard
1359 Gordon Dilley Road
Marlinton, WV 24954
304-7997345

1

 Comments Page 204

DEP WQS Comments
From:
Sent:
To:
Subject:

Ellen Sparks <elsparkie2@gmail.com>
Thursday, September 13, 2018 9:50 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Ellen Sparks
1380 WoolenMill Road
Albright, WV 26519
304 698 1496

1

 Comments Page 205

DEP WQS Comments
From:
Sent:
To:
Subject:

Whitney Chamberlin <Wchamberlin78@gmail.com>
Thursday, September 13, 2018 9:53 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Whitney Chamberlin
1614 19th St.
Parkersburg, WV 26101
3046159832

1

 Comments Page 206

DEP WQS Comments
From:
Sent:
To:
Subject:

Jan Darrah <jldarrah@aol.com>
Thursday, September 13, 2018 10:28 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
You can't change the rules of the game after the game has started!

Jan Darrah
HC 77 Box 352
Hinton, WV 25951
3046607692

1

 Comments Page 207

DEP WQS Comments
From:
Sent:
To:
Subject:

JB Witten <JBWitten@aol.com>
Thursday, September 13, 2018 11:02 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
JB Witten
578 Faulkner Rd. RR 1 BOX 113
Elkins, WV 26241
304-362-5330

1

 Comments Page 208

DEP WQS Comments
From:
Sent:
To:
Subject:

Jeff Witten <Motrout@aol.com>
Thursday, September 13, 2018 11:05 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jeff Witten
578 faulkner td
Elkins, WV 26241
3045325770

1

 Comments Page 209

DEP WQS Comments
From:
Sent:
To:
Subject:

Andrew Wadsworth <andywadsworth23@hotmail.com>
Thursday, September 13, 2018 11:22 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Andrew Wadsworth
125 W 33rd Street
Reading, PA 19606
6104069082

1

 Comments Page 210

DEP WQS Comments
From:
Sent:
To:
Subject:

Hilry Gordon <fballroom@aol.com>
Thursday, September 13, 2018 11:52 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Hilry Gordon
299 Llama Fork Rd.
Wallace, WV 26448
304 796 4758

1

 Comments Page 211

DEP WQS Comments
From:
Sent:
To:
Subject:

Jenni Kovich <jjkov1ch-charity@live.com>
Thursday, September 13, 2018 12:18 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jenni Kovich
50 Dud Bennett Rd
Leon, WV 25123
3045432801

1

 Comments Page 212

DEP WQS Comments
From:
Sent:
To:
Subject:

Zan Tewksbury <tewksbury.zane@gmail.com>
Thursday, September 13, 2018 9:42 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Zan Tewksbury
2057 Moutainside Rd
Davis, WV 26260
304-866-2367

1

 Comments Page 213

DEP WQS Comments
From:
Sent:
To:
Subject:

Cindy Lewellen <cwlewellen@gmail.com>
Wednesday, September 12, 2018 9:02 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Cindy Lewellen
546 Westwood Ave
MORGANTOWN, WV 26505
3045991763

1

 Comments Page 214

DEP WQS Comments
From:
Sent:
To:
Subject:

Laurie Methven <ljmethven@aol.com>
Wednesday, September 12, 2018 8:05 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Laurie Methven
317 Equestrian Ln
Hedgesville, WV 25427
3042587258

1

 Comments Page 215

DEP WQS Comments
From:
Sent:
To:
Subject:

Brad Smith <Bradandkim6548@aol.com>
Wednesday, September 12, 2018 8:37 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Brad Smith
222 Woods Run
Slatyfork, WV 26291
3048711741

1

 Comments Page 216

DEP WQS Comments
From:
Sent:
To:
Subject:

Lonnie Ward <misha8grey@yahoo.com>
Wednesday, September 12, 2018 8:50 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Lonnie Ward
3736 Bailes Road
Nettie, WV 26681
304 846 4990

1

 Comments Page 217

DEP WQS Comments
From:
Sent:
To:
Subject:

Kevin Rolfes <kevin@rolfes.org>
Wednesday, September 12, 2018 9:27 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Kevin Rolfes
14006 N Green Hills Loop
Austin, TX 78737
5123010838

1

 Comments Page 218

DEP WQS Comments
From:
Sent:
To:
Subject:

Angela Mayle <Smara2005@aol.com>
Wednesday, September 12, 2018 10:29 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Angela Mayle
477 Country Road
Fairview, WV 26570
3042166659

1

 Comments Page 219

DEP WQS Comments
From:
Sent:
To:
Subject:

John Wells <pipedreams57@yahoo.com>
Wednesday, September 12, 2018 10:35 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
John Wells
4298 McClellan Highway [St. Rt. 10]
Branchland, WV 25506
304-778-3260

1

 Comments Page 220

DEP WQS Comments
From:
Sent:
To:
Subject:

Linda Carroll <lindalouise701184951@yahoo.com>
Thursday, September 13, 2018 12:11 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
As a taxpayer and voter who values our environment and clean water and science as the basis of sound decision-making
in the public interest and the public’s right to comment on public matters, I oppose the proposed modifications related
to the waiver of permit conditions under the WV State 401 Water Quality Certification for the U.S. Army Corps of
Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated that the purpose of these modifications is in part “to assure that the conditions of the permit do
not prevent a company from using more environmentally protective methods”, however the proposed changes as
written open the door to actually eliminate protections.

The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. On the contrary, they serve the interests of those who want to diminish protections. The agency has
the authority now to deny large construction projects coverage under Nationwide permits and require individual 401
Water Quality Certifications. Instead of making these proposed modifications, DEP should use individual 401 Water
Quality Certifications to provide maximum stream and wetland protections to each project in fulfillment of your solemn
responsibility to the health and environment of Americans.
Linda Carroll
215 West Waverly Place
Spokane, WA 99205
504 865-1244

1

 Comments Page 221

DEP WQS Comments
From:
Sent:
To:
Subject:

Michelle Sewald <masewald@yahoo.com>
Thursday, September 13, 2018 12:21 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Michelle Sewald
1401 Wewatta st
Denver, CO 80202
5555555656

1

 Comments Page 222

DEP WQS Comments
From:
Sent:
To:
Subject:

Mandy Knipe <pizzicato88@hotmail.com>
Thursday, September 13, 2018 12:35 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Mandy Knipe
144 Holt Lane
Lewisburg, WV 24901
3046474676

1

 Comments Page 223

DEP WQS Comments
From:
Sent:
To:
Subject:

Linda Gallaher <iamstrega@aol.com>
Thursday, September 13, 2018 1:10 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Linda Gallaher
157 Gallaher Street
Huntington, WV 25705
3047107956

1

 Comments Page 224

DEP WQS Comments
From:
Sent:
To:
Subject:

Barry Wendell <doveliezer2001@yahoo.com>
Thursday, September 13, 2018 7:11 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
The influence of money over environmental preservation is despicable. If you have any conscience at all you will not
approve these changes to benefit someone's profit-making ability over the preservation of our natural environment.
Barry Wendell
1319 Heritage Pl.
Morgantown, WV 26505
204-685-1098

1

 Comments Page 225

DEP WQS Comments
From:
Sent:
To:
Subject:

Christopher Ecker <cecker@me.com>
Thursday, September 13, 2018 4:10 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Christopher Ecker
9737 Lake Shore Drive
ROCKVILLE, MD 20850
3014903833

1

 Comments Page 226

DEP WQS Comments
From:
Sent:
To:
Subject:

Judith Clark <judithaclark@frontiernet.net>
Thursday, September 13, 2018 7:56 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Judith Clark
628 Laurel Run Rd
Dunmore, WV 24934
304 456 5228 - please don't phone

1

 Comments Page 227

DEP WQS Comments
From:
Sent:
To:
Subject:

Hillary Banachowski <hillarybanachowski@gmail.com>
Thursday, September 13, 2018 8:17 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Hillary Banachowski
1799 persimmon lane shepherdstown wv 25443 Shepherdstown, WV 25443
301-452-2075

1

 Comments Page 228

DEP WQS Comments
From:
Sent:
To:
Subject:

Lucy Duff <lucyduff@comcast.net>
Thursday, September 13, 2018 8:34 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Lucy Duff
9210 Fowler Lane
Lanham, MD 20706
301 577 2350

1

 Comments Page 229

DEP WQS Comments
From:
Sent:
To:
Subject:

Rebecca Berlant <rsberlant@aol.com>
Thursday, September 13, 2018 9:20 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Rebecca Berlant
8A First Place
Brooklyn, NY 11231
7185551212

1

 Comments Page 230

DEP WQS Comments
From:
Sent:
To:
Subject:

Eric Engle <ericengle85@yahoo.com>
Thursday, September 13, 2018 9:22 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Eric Engle
324 Point Dr
Parkersburg, WV 26101
(304) 488-4384

1

 Comments Page 231

DEP WQS Comments
From:
Sent:
To:
Subject:

Greg Aucremanne <Aucremanne73@yahoo.com>
Thursday, September 13, 2018 9:25 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Do the right thing and protect the environment, rather than cower to special interests. Environmental Protection is in
the name of your department, you should probably give it a try for once.
Greg Aucremanne
1229 River Road
Morgantown, WV 26501
3042960245

1

 Comments Page 232

DEP WQS Comments
From:
Sent:
To:
Subject:

Margie Teaney <margieteaney@yahoo.com>
Wednesday, September 12, 2018 6:43 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Margie Teaney
484 Ledgeview Drive
Fayetteville, WV 25840
304-574-3375

1

 9/12/2018

Modifications to 401 Water Quality Certification for Nat... - DEP WQS Comments

Comments Page 233

Modifications to 401 Water Quality Certification for Nationwide Permits
Kimberly Dilts <kdilts@gmail.com>
Wed 9/12/2018 1:44 PM
To: DEP

WQS Comments <WQScomments@wv.gov>;

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do
not prevent a company from using more environmentally protective methods”, however the proposed changes as
written open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.

Kimberly Dilts
214 MAIN ST
Cass, WV 24927
3044564588

https://outlook.office365.com/owa/WQScomments@wv.gov/?viewmodel=ReadMessageItem&ItemID=AAMkADczMWQ1NWM4LWY3ZTMtNDRjMi1iM…

1/1

 Comments Page 234

DEP WQS Comments
From:
Sent:
To:
Subject:

Elaine Ferry <arcadiaherb@yahoo.com>
Wednesday, September 12, 2018 3:20 PM
DEP WQS Comments
DO NOT make Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Mr. Caperton,
I vehemently oppose the proposed modifications related to the waiver of permit conditions under the WV State 401
Water Quality Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is Completely unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the
standard or special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input. or wishes, since those changes affect the public and our use of water resources. Doing so
in favor of out of state conglomerates is despicable!
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections, and we all know these companies have no intention of using MORE
environmentally protective methods. On the contrary, they will drive through any loophole presented to degrade the
environment in favor of speeding up or easing their work.
The proposed changes allow for the exemption of the 72-hour crossing time restriction; this is appalling, the longer
crossing time does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged
periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Elaine Ferry
1365 Cole Fork Rd
Big Springs, WV 26137
3044773299

1

 Comments Page 235

DEP WQS Comments
From:
Sent:
To:
Subject:

Elizabeth Watts White <elizabeth.watts@verizon.net>
Thursday, September 13, 2018 8:29 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Elizabeth Watts White
16 Starks Place
Lynbrook, NY 11563
5165555555

1

 Comments Page 236

DEP WQS Comments
From:
Sent:
To:
Subject:

Suzanne kruger <soozikruger@yahoo.com>
Thursday, September 13, 2018 8:54 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Suzanne kruger
60 Huckleberry Ln
Harpers Ferry, WV 25425
13047281339

1

 Comments Page 237

DEP WQS Comments
From:
Sent:
To:
Subject:

Amy Hartman <Amywv@icloud.com>
Thursday, September 13, 2018 9:14 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Amy Hartman
402 Crestview Dr
Harpers Ferry, WV 25425
3045825522

1

 Comments Page 238

DEP WQS Comments
From:
Sent:
To:
Subject:

Robert Jarrell <robertjarrell5002@comcast.net>
Thursday, September 13, 2018 11:14 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Robert Jarrell
482 West Clayton Road
Alderson, WV 24910
5613983234

1

 Comments Page 239

DEP WQS Comments
From:
Sent:
To:
Subject:

Mildred Mattox <millie_mattox@yahoo.com>
Friday, September 14, 2018 12:16 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Mildred Mattox
PO Box 91
Talcott, WV 24981
979-777-1046

1

 Comments Page 240

DEP WQS Comments
From:
Sent:
To:
Subject:

Elaine Komarow <elaine@siriusacupuncture.com>
Thursday, September 13, 2018 10:03 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Elaine Komarow
201 Warden Lake Hollow
Wardensville, WV 26851
(703) 560-1964

1

 Comments Page 241

DEP WQS Comments
From:
Sent:
To:
Subject:

Katie Saunders <Saunderslady@gmail.com>
Friday, September 14, 2018 1:59 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Katie Saunders
5058 Ashton upland road
Ashton, WV 25503
3046745633

1

 Comments Page 242

DEP WQS Comments
From:
Sent:
To:
Subject:

Kathy McMurray <kmcmurray@suddenlink.net>
Friday, September 14, 2018 5:20 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Kathy McMurray
2175 Larry Anderson Road
Rock Cave, WV 26234
304-613-9966

1

 Comments Page 243

DEP WQS Comments
From:
Sent:
To:
Subject:

Valerie Griffin <vallgriffin@yahoo.com>
Friday, September 14, 2018 7:57 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Valerie Griffin
15558 Snow Creek Road
Penhook, VA 24137
5405761443

1

 Comments Page 244

DEP WQS Comments
From:
Sent:
To:
Subject:

Lynda Majors <ljmajors@usa.net>
Friday, September 14, 2018 9:11 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Lynda Majors
2620 Mt Tabor Road
Blacksburg, VA 24060
540-320-1922

1

 Comments Page 245

DEP WQS Comments
From:
Sent:
To:
Subject:

Kathleen Mundell <Kmundell@frontier.com>
Friday, September 14, 2018 9:47 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Kathleen Mundell
165 Greenhill Rd
Union, WV 24983
3047725505

1

 Comments Page 246

DEP WQS Comments
From:
Sent:
To:
Subject:

Chris Sprankle <crsprankle@yahoo.com>
Friday, September 14, 2018 9:21 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Chris Sprankle
269 Givens Lane
Berkeley Springs, WV 25411
3042585390

1

 Comments Page 247

DEP WQS Comments
From:
Sent:
To:
Subject:

Kim Kramer <kimkramer1@gmail.com>
Friday, September 14, 2018 12:42 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Kim Kramer
1408 42nd St.
Parkersburg, WV 26104
304-488-8621

1

 Comments Page 248

DEP WQS Comments
From:
Sent:
To:
Subject:

Dianne Douglas <ddouglas@mainex1.asu.edu>
Friday, September 14, 2018 3:06 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Dianne Douglas
2723 E Valencia Dr
Phoenix, AZ 85042
6022687065

1

 Comments Page 249

DEP WQS Comments
From:
Sent:
To:
Subject:

Stacey Wolfe <narpet7@aol.com>
Friday, September 14, 2018 3:11 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Stacey Wolfe
8225 Bodkin Ave
Lake Shore, MD 21122
4102226238

1

 Comments Page 250

DEP WQS Comments
From:
Sent:
To:
Subject:

Jane Ochsenbein <jcducati@msn.com>
Friday, September 14, 2018 3:42 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jane Ochsenbein
3650 Forestbrook Rd, # 105
Myrtle Beach, SC 29588
8436023677

1

 Comments Page 251

DEP WQS Comments
From:
Sent:
To:
Subject:

Marilyn Schroeder <Schmarilyn@gmail.com>
Friday, September 14, 2018 4:10 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Marilyn Schroeder
1204 New England Ridge
Washington, WV 26182
304-863-3821

1

 Comments Page 252

DEP WQS Comments
From:
Sent:
To:
Subject:

Rebecca Phillips <bennphil@hotmail.com>
Friday, September 14, 2018 5:53 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
West Virginia is a beautiful state, wild and wonderful, with landscapes that attract visitors from all over the world. The
forests and streams not yet compromised by unwise mining practices are part of one of the world's biodiversity
hotspots, a treasure deserving of protection. For these reasons, I oppose the proposed modifications related to the
waiver of permit conditions under the WV State 401 Water Quality Certification for the U.S. Army Corps of Engineers
Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Rebecca Phillips
631 Second Street
Marietta, OH 45750
7403589646

1

 Comments Page 253

DEP WQS Comments
From:
Sent:
To:
Subject:

David Adkins <Dfadkins48@gmail.com>
Friday, September 14, 2018 6:39 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
David Adkins
1889 Maple Ave
Fayetteville, WV 25840
3046632668

1

 Comments Page 254

DEP WQS Comments
From:
Sent:
To:
Subject:

Jessica Hatter <Jessie.hatter15@gmail.com>
Friday, September 14, 2018 6:50 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jessica Hatter
1005 Craig Woods Rd
New castle, VA 24127
5407659366

1

 Comments Page 255

DEP WQS Comments
From:
Sent:
To:
Subject:

Amanda Godlove <Mandaglik@aol.com>
Friday, September 14, 2018 11:00 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Amanda Godlove
190 Goode Lane
Harper's Ferru, WV 25425
703-966-0227

1

 Comments Page 256

DEP WQS Comments
From:
Sent:
To:
Subject:

Debra Dunkum <debra.dunkum@comcast.net>
Saturday, September 15, 2018 1:45 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Debra Dunkum
33 Glenbrook RD
Ranson, WV 25438
304-728-2545

1

 Comments Page 257

DEP WQS Comments
From:
Sent:
To:
Subject:

Merri Morgan <mmorgan@blazingaccess.com>
Saturday, September 15, 2018 9:30 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
I am but one of hundreds of thousands who would rather have clean water in WV than another pipeline to enrich the
pockets of out of state investors.
Merri Morgan
3719 Laurel Creek Road
Greenville,, WV 24945
3048326008

1

 Comments Page 258

DEP WQS Comments
From:
Sent:
To:
Subject:

Aileen Curfman <acurfman@gmail.com>
Saturday, September 15, 2018 9:34 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Aileen Curfman
1067 Comstock Dr
Shepherdstown, WV 25443
3044335321

1

 Comments Page 259

DEP WQS Comments
From:
Sent:
To:
Subject:

Amy Scott <scott9free@yahoo.com>
Saturday, September 15, 2018 2:00 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Amy Scott
16585 Frost Road
Dunmore, WV 24934
304 456-5307

1

 Comments Page 260

DEP WQS Comments
From:
Sent:
To:
Subject:

Denise Lytle <centauress6@live.com>
Saturday, September 15, 2018 3:25 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Denise Lytle
11 Wisteria Dr., Apt. 3F
Fords, NJ 8863
7329108543

1

 Comments Page 261

DEP WQS Comments
From:
Sent:
To:
Subject:

Leigh Keener <lakeener@frontier.com>
Saturday, September 15, 2018 12:41 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Leigh Keener
76 McCartney Ave
Morgantown, WV 26505
3042911317

1

 Comments Page 262

DEP WQS Comments
From:
Sent:
To:
Subject:

Jose De arteaga <kenn.jose@comcast.net>
Saturday, September 15, 2018 6:54 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jose De arteaga
2014 31st Place, SE
Washington, DC 20020
2027898087

1

 Comments Page 263

DEP WQS Comments
From:
Sent:
To:
Subject:

Karen Yarnell <karen.yarnell@fairmontstate.edu>
Saturday, September 15, 2018 8:27 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Karen Yarnell
21 Beverly Circle
Fairmont, WV 26554
3046570812

1

 Comments Page 264

DEP WQS Comments
From:
Sent:
To:
Subject:

Gerald Biser <biser881@hotmail.com>
Saturday, September 15, 2018 8:55 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Gerald Biser
1006 Sherwood circle
Bridgeport, WV 26330
3048421788

1

 Comments Page 265

DEP WQS Comments
From:
Sent:
To:
Subject:

Robin D Wright <robindykens@aol.com>
Saturday, September 15, 2018 9:17 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Robin D Wright
Stringtown Road
Sinks Grove, WV 24976
6467616063

1

 Comments Page 266

DEP WQS Comments
From:
Sent:
To:
Subject:

Leigh Prince <Eisenman1@suddenlink.net>
Saturday, September 15, 2018 9:27 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Leigh Prince
Po box 672
Daniels, WV 25832
3047633872

1

 Comments Page 267

DEP WQS Comments
From:
Sent:
To:
Subject:

James Walker <chefjethrobert@frontier.com>
Saturday, September 15, 2018 9:36 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
James Walker
6602 Back Valley RD
Lindsidr, WV 24051
3048326288

1

 Comments Page 268

DEP WQS Comments
From:
Sent:
To:
Subject:

Terri Walker <meandmooinwv@gmail.com>
Saturday, September 15, 2018 9:38 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Terri Walker
6602 Back Valley RD
Lindside, WV 24951
3048326288

1

 Comments Page 269

DEP WQS Comments
From:
Sent:
To:
Subject:

Barbara Rea <barea@basrelief.org>
Saturday, September 15, 2018 9:48 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Barbara Rea
680 Raines Road
Union, WV 24983
304 832 6647

1

 Comments Page 270

DEP WQS Comments
From:
Sent:
To:
Subject:

Paul Breuer <paul@wvcabins.com>
Saturday, September 15, 2018 9:56 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Paul Breuer
1125 Dorsey Rd
Nettie, WA 26681
304-619-9235

1

 Comments Page 271

DEP WQS Comments
From:
Sent:
To:
Subject:

Littleton Tazewell <lwtazewell@frontier.com>
Saturday, September 15, 2018 10:24 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Littleton Tazewell
336 Tazewell Hollow Road, PO Box 155
Talcott, WV 24981
304-466-6431

1

 Comments Page 272

DEP WQS Comments
From:
Sent:
To:
Subject:

Michael Biggs <biggsmc@gmail.com>
Saturday, September 15, 2018 9:22 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Michael Biggs
3577 Back Valley Road
Lindside, WV 24951
5409222651

1

 Comments Page 273

DEP WQS Comments
From:
Sent:
To:
Subject:

Janet Johnson <Jalmjohnson@gmail.com>
Saturday, September 15, 2018 11:32 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Janet Johnson
1220 Raines Rd
Union, WV 24983
5043300432

1

 Comments Page 274

DEP WQS Comments
From:
Sent:
To:
Subject:

Ben Morgan <Morgan8n@yahoo.com>
Saturday, September 15, 2018 11:49 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Ben Morgan
139 south court st
Fayetteville, WV 25840
304-640-6236

1

 Comments Page 275

DEP WQS Comments
From:
Sent:
To:
Subject:

Lena Grant <lenagrant@gmail.com>
Sunday, September 16, 2018 7:48 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Lena Grant
1205 Waters Rd
Chesapeake, VA 23322
7576170625

1

 Comments Page 276

DEP WQS Comments
From:
Sent:
To:
Subject:

Elke Sabia <Elkesabia@aol.com>
Sunday, September 16, 2018 7:48 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Elke Sabia
Wood Haven rd
Roanoke, VA 24019
540 595 9880

1

 Comments Page 277

DEP WQS Comments
From:
Sent:
To:
Subject:

Lou chand <Louisewc@yahoo.com>
Sunday, September 16, 2018 7:58 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Lou chand
89 back rd
Sweet spring, WV 24941
5408975732

1

 Comments Page 278

DEP WQS Comments
From:
Sent:
To:
Subject:

Holly Cloonan <hacloonan@gmail.com>
Sunday, September 16, 2018 8:22 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Holly Cloonan
1003 Circle Road
Charleston, WV 25314
304-344-8346

1

 Comments Page 279

DEP WQS Comments
From:
Sent:
To:
Subject:

Mary Feury <mfeury_58@hotmail.com>
Sunday, September 16, 2018 8:31 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Mary Feury
3680 Hollywood-Glace Road
Union, WV 24983
3046678653

1

 Comments Page 280

DEP WQS Comments
From:
Sent:
To:
Subject:

Howdy Henritz <howdywv@hughes.net>
Sunday, September 16, 2018 8:45 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Howdy Henritz
916 Casey Creek Lane
Greenville, WV 24945
304-832-6566

1

 Comments Page 281

DEP WQS Comments
From:
Sent:
To:
Subject:

Pam Rockwell <Pamrckwll61@gmail.com>
Sunday, September 16, 2018 8:57 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Pam Rockwell
817 Myrtle Road
Charleston, WV 25324
304-395-3906

1

 Comments Page 282

DEP WQS Comments
From:
Sent:
To:
Subject:

Natasha Hiner <tashahiner@hotmail.com>
Sunday, September 16, 2018 9:10 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Dear Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Sincerely
Natasha Hiner
Natasha Hiner
1867 Oliver Ballard Road
Union, WV 24983
3048326369

1

 Comments Page 283

DEP WQS Comments
From:
Sent:
To:
Subject:

George Little <george.wilbur.little@gmail.com>
Sunday, September 16, 2018 8:31 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
George Little
307 Hillside Pass
Frankford, WV 24938
3046454705

1

 Comments Page 284

DEP WQS Comments
From:
Sent:
To:
Subject:

James Clewell <jimclewell@yahoo.com>
Sunday, September 16, 2018 10:05 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
James Clewell
Blue Lick Road
Greenville, WV 24945
3048326205

1

 Comments Page 285

DEP WQS Comments
From:
Sent:
To:
Subject:

Douglas Imbrogno <Douglasjohnmartin@icloud.com>
Sunday, September 16, 2018 10:11 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Douglas Imbrogno
141 Hazelwood Pl
Huntington, WV 25705
3046389784

1

 Comments Page 286

DEP WQS Comments
From:
Sent:
To:
Subject:

Gale Simplicio <galesviento@comcast.net>
Sunday, September 16, 2018 2:22 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Gale Simplicio
1275 Tartan Lane
Morgantown, WV 26505
3049066374

1

 Comments Page 287

DEP WQS Comments
From:
Sent:
To:
Subject:

Karin Nelson <karinnelson2014@gmail.com>
Sunday, September 16, 2018 3:08 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Karin Nelson
8667 Willow Bend Rd
Union, WV 24983
304 772 3613

1

 Comments Page 288

DEP WQS Comments
From:
Sent:
To:
Subject:

Laurine Yates <Laurinecyates@frontier.com>
Sunday, September 16, 2018 3:19 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Laurine Yates
Pob. 949, 60. Rainbow run. Road
Union, WV 24983
3047723172

1

 Comments Page 289

DEP WQS Comments
From:
Sent:
To:
Subject:

Rachel M <rachel.erin4@gmail.com>
Sunday, September 16, 2018 4:05 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Rachel M
P.O. Box 131
Danese, WV 25831
304-543-6789

1

 Comments Page 290

DEP WQS Comments
From:
Sent:
To:
Subject:

Valerie Hansbarger <vhansbar@gmail.com>
Sunday, September 16, 2018 4:23 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Valerie Hansbarger
1686 Rowan Road
Gap Mills, WV 24941
3047724596

1

 Comments Page 291

DEP WQS Comments
From:
Sent:
To:
Subject:

David Witt <cgrea850@gmail.com>
Sunday, September 16, 2018 5:59 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
David Witt
472 Casey Creek Lane
Greenville, WV 24945
304 832 6423

1

 Comments Page 292

DEP WQS Comments
From:
Sent:
To:
Subject:

Carli Mareneck <cmareneck@yahoo.com>
Sunday, September 16, 2018 4:30 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Carli Mareneck
17177 Sweet Springs Valley
Gap Mills,, WV 24941
304-536-3694

1

 Comments Page 293

DEP WQS Comments
From:
Sent:
To:
Subject:

David Ruediger <druedig@yahoo.com>
Sunday, September 16, 2018 5:38 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
David Ruediger
64 Weeping Willow Run
Parsons, WV 26287
304-747-8412

1

 Comments Page 294

DEP WQS Comments
From:
Sent:
To:
Subject:

Sharon Crump <sharoncrump16@gmail.com>
Sunday, September 16, 2018 5:43 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Sharon Crump
1938 Lovern Rd
Princ6, WV 24739
3049210655

1

 Comments Page 295

DEP WQS Comments
From:
Sent:
To:
Subject:

Toby Garlitz <Johnandtoby@frontier.com>
Sunday, September 16, 2018 5:43 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Please do what is right for our state and all that live here!
Toby Garlitz
84 Longview Dr
Union, WV 24983
304-772-5863

1

 Comments Page 296

DEP WQS Comments
From:
Sent:
To:
Subject:

Diana Kelley-Hess <dianadnk54@gmail.com>
Sunday, September 16, 2018 5:46 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Diana Kelley-Hess
1548 Hemlock Ridge Rd
Tallmansville, WV 26237
304-472-3318

1

 Comments Page 297

DEP WQS Comments
From:
Sent:
To:
Subject:

Maury Johnson <maurywjohnson@yahoo.com>
Sunday, September 16, 2018 5:13 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Maury Johnson
3227 Ellison Rdg
Greenville, WV 24945
3048326085

1

 Comments Page 298

DEP WQS Comments
From:
Sent:
To:
Subject:

Ann Knott <annie_sprklz@hotmail.com>
Sunday, September 16, 2018 5:46 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Ann Knott
395 Bun Hicks Rd
Forest Hill, WV 24935
3044456134

1

 Comments Page 299

DEP WQS Comments
From:
Sent:
To:
Subject:

Sarah Umberger <sarahumberger@gmail.com>
Sunday, September 16, 2018 5:50 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Sarah Umberger
2323 Washington Street East
Lewisburg, WV 24901
304.667.6749

1

 Comments Page 300

DEP WQS Comments
From:
Sent:
To:
Subject:

jean thompson <jeanlucillethompson@yahoo.com>
Sunday, September 16, 2018 6:23 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
jean thompson
1011 monroe avenue
huntington, WV 25704
3046463672

1

 Comments Page 301

DEP WQS Comments
From:
Sent:
To:
Subject:

Andrea Midkiff <Andytapatagonika@gmail.com>
Sunday, September 16, 2018 6:42 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Andrea Midkiff
7925 Forest Creek Dr
Roanoke, VA 24018
540 588 6358

1

 Comments Page 302

DEP WQS Comments
From:
Sent:
To:
Subject:

Chuck Dransfield <cbd1958smilie@netzero.net>
Sunday, September 16, 2018 7:03 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certifigcation for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Chuck Dransfield
1138 Oakmont Road
Charleston, WV 25314
3045539245

1

 Comments Page 303

DEP WQS Comments
From:
Sent:
To:
Subject:

Rebecca Wheeler <missrebecca12680@gmail.com>
Sunday, September 16, 2018 7:21 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Rebecca Wheeler
164 Dutch Road
Charleston, WV 25302
3045432050

1

 Comments Page 304

DEP WQS Comments
From:
Sent:
To:
Subject:

April Amos <amosandandylarue@hotmail.com>
Sunday, September 16, 2018 7:32 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
April Amos
8083 Seneca Trail South
Lindside, WV 24951
304-994-1008

1

 Comments Page 305

DEP WQS Comments
From:
Sent:
To:
Subject:

M Green <m7level@earthlink.net>
Sunday, September 16, 2018 7:38 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
M Green
RR 2 Box 321
Ronceverte, WV 24970
304-647-5637

1

 Comments Page 306

DEP WQS Comments
From:
Sent:
To:
Subject:

Jennifer West <West.of.eden@hotmail.com>
Sunday, September 16, 2018 7:47 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jennifer West
939 Rockcreek rd
Charlottesville, VA 22903
434-981-7913

1

 Comments Page 307

DEP WQS Comments
From:
Sent:
To:
Subject:

David Sibray <dsibray@gmail.com>
Sunday, September 16, 2018 7:51 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
David Sibray
115 White Avenue
Beckley, WV 25801
3045757390

1

 Comments Page 308

DEP WQS Comments
From:
Sent:
To:
Subject:

Suzanne Clewell <Sueclewell@gmail.com>
Sunday, September 16, 2018 4:28 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Suzanne Clewell
5636 Blue Lick Road
Greenville, VA 24945
3049616543

1

 Comments Page 309

DEP WQS Comments
From:
Sent:
To:
Subject:

K Bjorgo-Thorne <bjorgo.thorne@gmail.com>
Monday, September 17, 2018 4:46 PM
DEP WQS Comments
401 Water Quality Certification for Nationwide Permits & ACP/MVP

To the WVDEP Secretary, Mr Caperton:
The proposed modifications to the 401 Water Quality Certification is unacceptable from an ecological point of view. I
encourage you to not support these changes as stated.
The DEP must NOT waive, change, or eliminate any of the standard or special conditions of the State 401 Water Quality
Certification applicable to Nationwide Permits without any consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Kim Bjorgo-Thorne, Ph.D.
Ecologist
bjorgo.thorne@gmail.com

1

 Comments Page 310

DEP WQS Comments
From:
Sent:
To:
Subject:

Donald Jones <Vmftech@yahoo.com>
Sunday, September 16, 2018 8:30 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Donald Jones
1944 Kiska Rd
Salem, VA 24153
540-353-8524

1

 Comments Page 311

DEP WQS Comments
From:
Sent:
To:
Subject:

Mark Blumenstein <Markb@mountain.net>
Sunday, September 16, 2018 8:21 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Mark Blumenstein
365 SkyView Farm lane
Alderson, WV 24910
3044457822

1

 Comments Page 312

DEP WQS Comments
From:
Sent:
To:
Subject:

Kyle Knisely <Ez2kyle@cox.net>
Sunday, September 16, 2018 8:35 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Kyle Knisely
2454 Montvale
Roanoke, VA 24015
540580-4555

1

 Comments Page 313

DEP WQS Comments
From:
Sent:
To:
Subject:

Cheryl Boone <cbninehorses@gmail.com>
Sunday, September 16, 2018 9:00 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Cheryl Boone
110 Perry Boone Lane
Alderson, WV 24910
3046673360

1

 Comments Page 314

DEP WQS Comments
From:
Sent:
To:
Subject:

Jeanette Flowers <blueeyedfemale01@gmail.com>
Sunday, September 16, 2018 8:13 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jeanette Flowers
736 st rte 3 and 12 apt. 14, Summers Landing Hinton, WV 25951
3049339115

1

 Comments Page 315

DEP WQS Comments
From:
Sent:
To:
Subject:

Susan Herold <seherold@gmail.com>
Sunday, September 16, 2018 9:14 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Susan Herold
8800 Frost Rd
Marlinton, WV 24954
3047994699

1

 Comments Page 316

DEP WQS Comments
From:
Sent:
To:
Subject:

Nancy North <nbnorth@suddenlink.net>
Sunday, September 16, 2018 9:51 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Nancy North
4667 MADAMS CREEK RD
Hinton, WV 25951
3043094130

1

 Comments Page 317

DEP WQS Comments
From:
Sent:
To:
Subject:

Nick Baker <somodeitbe@gmail.com>
Sunday, September 16, 2018 10:14 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Nick Baker
2327 17th ave
Monroe, WI 53566
6083254040

1

 Comments Page 318

DEP WQS Comments
From:
Sent:
To:
Subject:

The Reverend Claudia Neely <welshspeaker@gmail.com>
Sunday, September 16, 2018 10:27 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
Your job is to protect the people of West Virginia.
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
The Reverend Claudia Neely
808Ridgeway Avenue
Morgantown, WV 26505
304-241-5251

1

 Comments Page 319

DEP WQS Comments
From:
Sent:
To:
Subject:

Elizabeth Scott <scottbetsy40@gmail.com>
Sunday, September 16, 2018 11:54 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Elizabeth Scott
114 Shady Lane
Winfield, WV 25213
3045623507

1

 Comments Page 320

DEP WQS Comments
From:
Sent:
To:
Subject:

Hannah Snyder <Hansnyder726@gmail.com>
Monday, September 17, 2018 9:31 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Hannah Snyder
P.O. box 205
Davis, WV 26260
3346633057

1

 Comments Page 321

DEP WQS Comments
From:
Sent:
To:
Subject:

Naomi Cohen <nwcohen@hotmail.com>
Monday, September 17, 2018 10:31 AM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
As a landowner and business owner in Gap Mills, Monroe County, I oppose this proposed rule change. This is nothing
more than an attempt to fast track the pipeline construction by pretending the rule change is to "protect the
environment".
Naomi Cohen
POB 39
Gap Mills, WV 24941
304-772-3335

1

 Comments Page 322

DEP WQS Comments
From:
Sent:
To:
Subject:

Paula Mann <oliverphoto1@aol.com>
Monday, September 17, 2018 1:52 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Paula Mann
3413 Ellison Rdg
Greenville, WV 24945
3048326532

1

 Comments Page 323

DEP WQS Comments
From:
Sent:
To:
Subject:

Dede Cassis <dedecassis@gmail.com>
Monday, September 17, 2018 12:43 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Dede Cassis
3405 Kanawha Ave SE
Charleston, WV 25304
3045524331

1

 Comments Page 324

DEP WQS Comments
From:
Sent:
To:
Subject:

Mark Korman <asciguy@hotmail.com>
Monday, September 17, 2018 1:30 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
The long term damage to the citizens is not worth the short term gain of a few individuals.
Mark Korman
2917 Highland Trail
Alderson, WV 24910
304-445-7309

1

 Comments Page 325

DEP WQS Comments
From:
Sent:
To:
Subject:

Patrick Calvert <pleecalvert@gmail.com>
Monday, September 17, 2018 2:18 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Patrick Calvert
1501 Greenleaf Lane
Charlottesville, VA 22903
4349716957

1

 Comments Page 326

DEP WQS Comments
From:
Sent:
To:
Subject:

Patti Miller <pattimillergoeslocal@gmail.com>
Monday, September 17, 2018 2:23 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Patti Miller
1313 Apple Orchard Circle
Berkeley Springs, WV 25411
3047021223

1

 Comments Page 327

DEP WQS Comments
From:
Sent:
To:
Subject:

Judy Azulay <judyazulay@gmail.com>
Monday, September 17, 2018 2:41 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Judy Azulay
PO Box 522
Union, WV 24983
3048326331

1

 Comments Page 328

DEP WQS Comments
From:
Sent:
To:
Subject:

Kimberly Clements <faleaves@yahoo.com>
Monday, September 17, 2018 2:46 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Kimberly Clements
60 Cottontail Ln
Davis, WV 26260
3046146129

1

 Comments Page 329

DEP WQS Comments
From:
Sent:
To:
Subject:

Thomas Johnson <tjohnson24962@yahoo.com>
Monday, September 17, 2018 3:12 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Thomas Johnson
191 Valley View Farm Road
Pence Speings, WV 24962
3044457005

1

 Comments Page 330

DEP WQS Comments
From:
Sent:
To:
Subject:

tom harris <mchazy77@hotmail.com>
Monday, September 17, 2018 3:12 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
tom harris
17 gate ct
burlington, NJ 8016
6097443953

1

 Comments Page 331

DEP WQS Comments
From:
Sent:
To:
Subject:

Scott Burger <scottburger@mac.com>
Monday, September 17, 2018 3:13 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I live in Virginia and I know this stuff flows downhill!
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Scott Burger
612 S. Laurel Street
Richmond, VA 0
804 714 5444

1

 Comments Page 332

DEP WQS Comments
From:
Sent:
To:
Subject:

Elise Keaton <elise.keaton@gmail.com>
Monday, September 17, 2018 3:14 PM
DEP WQS Comments
Object to Modifications to 401 for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications to the waiver of permit conditions under the WV State 401 Water Quality
Certification Permits.
The proposed changes as written open the door to eliminate protections.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. Instead of making these proposed modifications, DEP should use individual 401 Water Quality
Certifications to provide stream and wetland protections tailored to each project.
Elise Keaton
PO Box 481
Hinton, WV 0
3044661224

1

 Comments Page 333

DEP WQS Comments
From:
Sent:
To:
Subject:

Chris Preperato <chrispreperato@gmail.com>
Monday, September 17, 2018 3:15 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Chris Preperato
4101 Medford Drive
Annandale, VA 22003
(717) 468-7334

1

 Comments Page 334

DEP WQS Comments
From:
Sent:
To:
Subject:

Nick Neises <nick@petrotowery.com>
Monday, September 17, 2018 3:15 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Nick Neises
107Jefferson St.
Winchester, KY 0
8595855865

1

 Comments Page 335

DEP WQS Comments
From:
Sent:
To:
Subject:

franklin crabtree <franklingcrabtree@gmail.com>
Monday, September 17, 2018 3:17 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
franklin crabtree
pob 522
union, WV 24983
304-389-5103

1

 Comments Page 336

DEP WQS Comments
From:
Sent:
To:
Subject:

Matthew Kearns <matthew.ryan.kearns@gmail.com>
Monday, September 17, 2018 3:17 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Matthew Kearns
672 Forest Circle
Charleston, WV 25313
3044444567

1

 Comments Page 337

DEP WQS Comments
From:
Sent:
To:
Subject:

Harshbarger Harshbarger <harshbargerd@wvumedicine.org>
Monday, September 17, 2018 3:19 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
As a proud West Virginian from the mountain state I would like to point out we are also the "head water state" of many
streams and rivers supplying water to a larger area. That is why I oppose the proposed modifications related to the
waiver of permit conditions under the WV State 401 Water Quality Certification for the U.S. Army Corps of Engineers
Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Harshbarger Harshbarger
1009 Vandalia Rd
Morgantown, WV 26501
3042903700

1

 Comments Page 338

DEP WQS Comments
From:
Sent:
To:
Subject:

Peggy Scott <peggyscott40@yahoo.com>
Monday, September 17, 2018 3:19 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Peggy Scott
51 Weber City Apt. 4A
Richwood, WV 26261
304-651-1074

1

 Comments Page 339

DEP WQS Comments
From:
Sent:
To:
Subject:

Pamela Cubberly <pamela@cubberly.net>
Monday, September 17, 2018 3:19 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits, especially because it
could happen WITHOUT any consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections. It is NOT appropriate to say one things when actually much more is
being permitted.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods. We need
to make sure this research is completed, that is, a full environmental assessment the impacts on our rivers and streams.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Pamela Cubberly
101 Euclid Avenue
Morgantown, WV 26501
7034637643

1

 Comments Page 340

DEP WQS Comments
From:
Sent:
To:
Subject:

Andrew Clovis <wardwellsmercy@gmail.com>
Monday, September 17, 2018 3:21 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I earnestly oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water
Quality Certification for the U.S. Army Corps of Engineers Nationwide Permits.

At the core level, It is fundamentally unacceptable that the proposed revisions would allow DEP to waive, change, or
eliminate any of the standard or special conditions of the State 401 Water Quality Certification applicable to Nationwide
Permits without any consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Andrew Clovis
368 Jewell Hill Road
St. Marys, WV 26170
3042666358

1

 Comments Page 341

DEP WQS Comments
From:
Sent:
To:
Subject:

Wine Wine <elainewine@hotmail.com>
Monday, September 17, 2018 3:22 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Wine Wine
PO Box 46
Heaters, WV 26627
304 765 5256

1

 Comments Page 342

DEP WQS Comments
From:
Sent:
To:
Subject:

Damon Mills <five5tbird@aol.com>
Monday, September 17, 2018 3:23 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
As an American citizen and a West Virginia citizen, I oppose the proposed modifications related to the waiver of permit
conditions under the WV State 401 Water Quality Certification for the U.S. Army Corps of Engineers Nationwide Permits.
This change actually brings on less protections for the environment , this is bad for our beautiful state’s ecosystem.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Damon Mills
338 11th ave west
Huntington, WV 25701
3045226887

1

 Comments Page 343

DEP WQS Comments
From:
Sent:
To:
Subject:

catherine pardee <cathypardee@frontiernet.net>
Monday, September 17, 2018 3:23 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
catherine pardee
55 Moon Ridge Ln
burlington, WV 26710
304-289-3618

1

 Comments Page 344

DEP WQS Comments
From:
Sent:
To:
Subject:

Stephanie Hysmith <stephaniejhysmith@gmail.com>
Monday, September 17, 2018 3:23 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Stephanie Hysmith
1568 Quarrier St
Charleston, WV 25311
3044004368

1

 Comments Page 345

DEP WQS Comments
From:
Sent:
To:
Subject:

Bob Bousquet <bousquetrb@comcast.net>
Monday, September 17, 2018 3:28 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Bob Bousquet
PO Box 101
Bryantville, MA 2327
5555555555

1

 Comments Page 346

DEP WQS Comments
From:
Sent:
To:
Subject:

Mike Seyfried <mseyfriedjr@msn.com>
Monday, September 17, 2018 3:30 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Mike Seyfried
701 California Avenue
Boulder City, NV 89005
7024143914

1

 Comments Page 347

DEP WQS Comments
From:
Sent:
To:
Subject:

Ellen Lachewitz <ellenlachewitz@gmail.com>
Monday, September 17, 2018 3:32 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Ellen Lachewitz
381 Biser Street
Berkeley Springs, WV 25411
304-258-6880

1

 Comments Page 348

DEP WQS Comments
From:
Sent:
To:
Subject:

Jonathan Curry <cookieboy_03@frontiernet.net>
Monday, September 17, 2018 3:32 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Jonathan Curry
58 Powell’s Creek Road
Birch River, WV 26610
304-649-5595

1

 Comments Page 349

DEP WQS Comments
From:
Sent:
To:
Subject:

John Bird <johnbird@frontier.com>
Monday, September 17, 2018 3:35 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
What environment are you protecting?
John Bird

John Bird
1419 Gamble hollow Rd
Masontown, WV 26542
(304) 864-8631

1

 Comments Page 350

DEP WQS Comments
From:
Sent:
To:
Subject:

cathryn polonchak <cpolo4@comcast.net>
Monday, September 17, 2018 3:35 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
PLEASE protect the environment, especially our water sources. Oppose any modification of the permit conditions.
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
cathryn polonchak
234 deer mountain dr.
Harpers Ferry, WV 25425
(304) 261 2771

1

 Comments Page 351

DEP WQS Comments
From:
Sent:
To:
Subject:

Brett Smith <brettalexandersmith@protonmail.com>
Monday, September 17, 2018 3:37 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Brett Smith
1828 Odell Avenue
Charleston, WV 25302
304-807-3156

1

 Comments Page 352

DEP WQS Comments
From:
Sent:
To:
Subject:

Elizabeth Binns-Roemer <earthychk4@comcast.net>
Monday, September 17, 2018 3:38 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Elizabeth Binns-Roemer
236 Iroquois Trail
Martinsburg, WV 25403
3042637503

1

 Comments Page 353

DEP WQS Comments
From:
Sent:
To:
Subject:

Rebecca Ellis <muslv@aol.com>
Monday, September 17, 2018 3:40 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Rebecca Ellis
372 Whitten ridge
Fraziers Bottom, WV 25082
3045508998

1

 Comments Page 354

DEP WQS Comments
From:
Sent:
To:
Subject:

Frank Decapio <decapiof@gmail.com>
Monday, September 17, 2018 3:38 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Frank Decapio
420 Sunrise Drive
Weirton, WV 26062
304-374-5113

1

 Comments Page 355

DEP WQS Comments
From:
Sent:
To:
Subject:

Robert Seltzer <rsscpa@earthlink.net>
Monday, September 17, 2018 3:40 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Robert Seltzer
18408 Clifftop Way
Malibu, CA 90265
3102789944

1

 Comments Page 356

DEP WQS Comments
From:
Sent:
To:
Subject:

Melvin Dolan <melvindolan@yahoo.com>
Monday, September 17, 2018 3:42 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Enforce the laws and protect the land for the people!!!!!
Melvin Dolan
1747 W Clayton
Alderson, WV 24901
304445618

1

 Comments Page 357

DEP WQS Comments
From:
Sent:
To:
Subject:

Bert Lustig <buybook@earthlink.net>
Monday, September 17, 2018 3:43 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Bert Lustig
3476 Mauzy Rd
Berkeley Springs, WV 25411
3042581195

1

 Comments Page 358

DEP WQS Comments
From:
Sent:
To:
Subject:

David Schles <schleslaw@gmail.com>
Monday, September 17, 2018 3:44 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
David Schles
815 Quarrier St, Suite 306
Charleston, WV 25301
3043441559

1

 Comments Page 359

DEP WQS Comments
From:
Sent:
To:
Subject:

Tonya Stiffler <tstiffler@comcast.net>
Monday, September 17, 2018 4:06 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Tonya Stiffler
18051 Sunnyside Avenue North
Shoreline, WA 98133
2066019688

1

 Comments Page 360

DEP WQS Comments
From:
Sent:
To:
Subject:

Leslee McCarty <Lesleemac1@gmail.com>
Monday, September 17, 2018 3:59 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I enjoyed meeting you at the Ronceverte sewer plant dedication. I was happy to hear you are concerned about our
water quality.
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Leslee McCarty
1816 Old Powell Rd
Lewisburg, WV 24901
304-646-7563

1

 Comments Page 361

DEP WQS Comments
From:
Sent:
To:
Subject:

James Bullard <jim@bullardfamily.org>
Monday, September 17, 2018 3:46 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
James Bullard
1359 Gordon Dilley Rd
Marlinton, WV 24954
3047997345

1

 Comments Page 362

DEP WQS Comments
From:
Sent:
To:
Subject:

William & Myrna Fox <mandbfox@gmail.com>
Monday, September 17, 2018 3:49 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I vehemently oppose the suggested modifications to the waiver of permit conditions under the WV State 401 Water
Quality Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It should not be allowed for the proposed revisions to allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated that the purpose of these modifications is in part “to assure that the conditions of the permit do
not prevent a company from using more environmentally protective methods”, however the proposed changes as
written would open the door to actually eliminate protections.

The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when keeping a stream bed dry for extended periods.
The suggested modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available, which should always be the goal. The agency has the authority now to deny large construction
projects coverage under Nationwide permits and require individual 401 Water Quality Certifications.
Instead of making these suggested modifications, DEP should use individual 401 Water Quality Certifications to provide
stream and wetland protections tailored to each project. A blanket certification should not be utilized. Thank you.
William & Myrna Fox
588 Breakiron Hill Rd
Morgantown, WV 26508
3042961202

1

 Comments Page 363

DEP WQS Comments
From:
Sent:
To:
Subject:

Diana Bohn <nicca@igc.org>
Monday, September 17, 2018 3:51 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Diana Bohn
618 San luis
Berkeley, CA 94707
5105255497

1

 Comments Page 364

DEP WQS Comments
From:
Sent:
To:
Subject:

Blaise Hollot, PE <blazer56@gmail.com>
Monday, September 17, 2018 3:50 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
As a WVU trained Chemical Engineer who started his career at the DuPont Belle Works in Belle, WV, I urge you to
abandon proposed modifications to the 401 Water Quality Certification for Nationwide Permits.
My career with DuPont started in the Environmental Control Group. Experience learned there and throughout my
career has taught me ONE OVER-ARCHING FACT. The fact is that industry, driven by Wall St. demands to show profit,
will NOT police itself but will take shortcuts to get the job done in the least expensive and most expedient way possible.
Current pipeliner work in the state has demonstrated willing disregard for the "rules" in order to make a maximum profit
Because of such willful behavior to disregard law and law intent, clear & concise guidelines/laws are needed to protect
public health and safety. As such, I strongly oppose the proposed modifications related to the waiver of permit
conditions under the WV State 401 Water Quality Certification for the U.S. Army Corps of Engineers Nationwide P ermits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Blaise Hollot, PE
223 Trinity Dr.
McMurray, PA 15317
7247473301

1

 Comments Page 365

DEP WQS Comments
From:
Sent:
To:
Subject:

Justin Canales <justincanales@gmail.com>
Monday, September 17, 2018 4:13 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I am writing in regards to permit 401 which regulates Army Corp of Engineer activity on the nationwide12 pipeline
project. I’ve dealt with many restrictive regulations working for some of the biggest companies in the US. I expected the
changes were driven by overly burdensome and restrictive guidelines that I’ve dealt with many times in the past.
I was shocked when I realized the changes being considered eliminate public tranparency (no public reporting
requirement) and could jeopardize wildlife populations (72 hour notice prior to crossing riverbeds and wetlands).
I grew up in Elkins and can tell you that tourism and wildlife are running away the most important industries to Randolph
and many other surrounding counties.
I can’t reasonably comprehend why we would jeopardize the most important industries in the state of West Virginia and
something as important as transparency and as simple as early notice to de-risk potential negative impact to fish and
game populations.

I found out about this potential change late but can guarantee you that I will track closely the results of this initiative. I
will also make a noble effort to inform as many individual outdoorsman/women, conservationists, and small business
owners personally and through social media about this decision. I believe they will be impacted and want to know
especially since the need to report publicly is being considered for removal.
Best Regards,
Justin Canales
Justin Canales
212 Wilson Street
Mechanicsburg, PA 17055
717-766-6453

1

 Comments Page 366

DEP WQS Comments
From:
Sent:
To:
Subject:

Suzanne Maben <susie.maben@att.net>
Monday, September 17, 2018 4:16 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Suzanne Maben
1522 Chapman Road
Stanardsville, VA 22973
434-985-2147

1

 Comments Page 367

DEP WQS Comments
From:
Sent:
To:
Subject:

Mark Leonard <mleonard8181@gmail.com>
Monday, September 17, 2018 4:17 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Mark Leonard
19499 Coshocton Rd.
Mount Vernon, OH 43050
740-397-6725

1

 Comments Page 368

DEP WQS Comments
From:
Sent:
To:
Subject:

nicola bastian <nicolabastian@yahoo.de>
Monday, September 17, 2018 4:19 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
nicola bastian
65 old schoolhouse lane
millville wv, WV 6353
304 535 6907

1

 Comments Page 369

DEP WQS Comments
From:
Sent:
To:
Subject:

Karen Fedorov <karen.fedorov@gmail.com>
Monday, September 17, 2018 4:21 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Karen Fedorov
8044 Tackett Lane
Bealeton, VA 22712
5404971486

1

 Comments Page 370

DEP WQS Comments
From:
Sent:
To:
Subject:

Bill Witzemann <twitz1@frontier.com>
Monday, September 17, 2018 4:21 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Bill Witzemann
1762 Proudfoot Williams Rd
Belington, WV 26250
3046368986

1

 Comments Page 371

DEP WQS Comments
From:
Sent:
To:
Subject:

Toni Witzemann <twitz50@hotmail.com>
Monday, September 17, 2018 4:15 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Toni Witzemann
1762 Proudfoot-William, RD
Belington, WV 26250
3046368986

1

 Comments Page 372

DEP WQS Comments
From:
Sent:
To:
Subject:

Michele Van Orden <smvo922@aol.com>
Monday, September 17, 2018 4:23 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Michele Van Orden
9 Alpine Drive
Lincoln Park, NJ 07035
9733059404

1

 Comments Page 373

DEP WQS Comments
From:
Sent:
To:
Subject:

Marie Claymore <marie.newriver@yahoo.com>
Monday, September 17, 2018 4:30 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Marie Claymore
2917 New River Road
Hinton, WV 25951
3047636435

1

 Comments Page 374

DEP WQS Comments
From:
Sent:
To:
Subject:

Lisa Murphy <Hipicic@yahoo.com>
Monday, September 17, 2018 4:32 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Lisa Murphy
494 Ridge Rd
Shenandoah Jct, WV 25442
3046204202

1

 Comments Page 375

DEP WQS Comments
From:
Sent:
To:
Subject:

Tom France <twf959@earthlink.net>
Monday, September 17, 2018 4:32 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Tom France
13 Riverside Ave
Haverstraw, WV 24970
8455582872

1

 Comments Page 376

DEP WQS Comments
From:
Sent:
To:
Subject:

Susan Dropp <sutaylor7@earthlink.net>
Monday, September 17, 2018 9:14 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Susan Dropp
50 Mill Farm Trail
berkeley springs, WV 25411
3042586611

1

 Comments Page 377

DEP WQS Comments
From:
Sent:
To:
Subject:

matthew Borke <borkester@gmail.com>
Monday, September 17, 2018 10:57 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Dearest DEP and all of those who care.
Modifications to permit process must be more stringent.
Any company going through any wetlands should provide a water test for every place they dewater.
As seen in other states, geology is still very unpredictable. Many plumes gravitate towards wetlands and therefore they
are very dangerous if agrivated. Water Resourse departments usually handle most of the permiting process excluding
Remediation and Redevelopment Division. 3rd party is usually available for Remediation expertise, However, they will
only test where they explicitly told to test. Without knowledge of water quality in each waterway crossed, there is zero
way to assure construction and dewatering are safe.
This is just one of the many examples of why it is important to make the permitting proc ess stricter. Most environmental
protection agencies do not have the staff or financials to constantly monitor the construction presently. This process is
to dangerous to allow forgiving eyes to monitor their work. It not only puts lives in danger, as well risks contamination
for many years to follow. I say this aslo because i found construction work in Michigan to be dewatering a plume. It took
many days to get the dewatering to stop. We were fortunate enough to convince a DEQ Remediation specialist to arr ive.
For 2 days the onsite construction environmentalist attempted to convince the DEQ agents they were smelling swamp
gas. The following day, tbe DEQ filed a clean water act violation pausing continued work at that site. Carbon
Remediation was found acceptable. We were lucky to walk down a road we commonly walk to find this profound smell
of gasoline. It became apparent, that construction companies ability to self manage operations is inadaquet.
matthew Borke
45140 Patrick Dr.
Canton, MI 48187
313-509-5359

1

 Comments Page 378

DEP WQS Comments
From:
Sent:
To:
Subject:

Christie Jones <Mothertreenursery@ymail.com>
Friday, September 7, 2018 4:50 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Christie Jones
103 Dagnault ave/P.O. box 82
Taylor, ND 58656
7012640012

1

 Comments Page 379

DEP WQS Comments
From:
Sent:
To:
Subject:

Charlotte Fremaux <cmfremaux@gmail.com>
Friday, September 7, 2018 4:36 PM
DEP WQS Comments
NO to Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I object to the attempt to weaken protections for ur streams and rivers by modifying permit conditions and
requirements for industry. I oppose the proposed modifications related to the waiver of permit conditions under the WV
State 401 Water Quality Certification for the U.S. Army Corps of Engineers Nationwide Permits.
Industry that wants to use our public lands and endanger our watersheds needs to follow adequate rules and provide
necessary protections.
This is being done solely to allow large pipeline projects to cross our watersheds with fewer conditions, including, most
egregiously, the rule would allow any regulatory agency the ability to remove any permit conditions without public
scrutiny. We members of the public are stakeholders in our public lands and watersheds, and it is outrageous that you
should consider silencing our voices when it concerns our lives and environment.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
Charlotte Fremaux
175 Fern Dr
Harpers Ferry, WV 25425
3014048639

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 Comments Page 380

DEP WQS Comments
From:
Sent:
To:
Subject:

jerry carson <jcarson1@suddenlink.net>
Sunday, September 9, 2018 3:10 PM
DEP WQS Comments
Modifications to 401 Water Quality Certification for Nationwide Permits

Cabinet Secretary Caperton
Secretary Caperton,
I oppose the proposed modifications related to the waiver of permit conditions under the WV State 401 Water Quality
Certification for the U.S. Army Corps of Engineers Nationwide Permits.
It is unacceptable that the proposed revisions would allow DEP to waive, change, or eliminate any of the standard or
special conditions of the State 401 Water Quality Certification applicable to Nationwide Permits without any
consideration of public input.
The public notice stated the purpose of these modifications is in part “to assure that the conditions of the permit do not
prevent a company from using more environmentally protective methods”, however the proposed changes as written
open the door to actually eliminate protections.
The proposed changes allow for the exemption of the 72-hour crossing time restriction, but the longer crossing time
does not consider the negative impacts on aquatic life when dewatering the streambed for prolonged periods.
These modifications are not necessary for DEP to enable a company to use the most environmentally protective
methods available. The agency has the authority now to deny large construction projects coverage under Nationwide
permits and require individual 401 Water Quality Certifications. Instead of making these proposed modifications, DEP
should use individual 401 Water Quality Certifications to provide stream and wetland protections tailored to each
project.
jerry carson
5215 Beechcrest Dr
cross lanes, WV 25313
3047761422

1