west virginia department of environmental protection Division of Water and Waste Management Austin Caperton, Cabinet Secretary 601 57?h Street SE dep.wv.gov Charleston, WV 25304 Phone: (304) 926-0495 Fax: (304) 926-0496 April 24, 2019 Mr. Michael Hatten Chief, Regulatory Branch United States Army Corps of Engineers Huntington District 502 Eighth Street Huntington, West Virginia 25701 Re: Nationwide Permit 401 Water Quality Certi?cation Modi?cation, State of West Virginia, Public Notice No. Issuance Date: April 24, 2019 Dear Mr. Hatten, The West Virginia Department of Environmental Protection (WVDEP) submits this modi?cation of West Virginia's Section 401 Water Quality Certi?cation standard and special conditions that apply to the Section 404 Nationwide Permits (NWPS) 1 through 51, and 53 as published on January 6, 2017 in the Federal Register (82 FR 1860), by the US. Army Corps of Engineers (U SACE). WVDEP requests that USACE incorporate this modi?cation into its NWPs for West Virginia, in accordance with 40 C.F.R 121.2(b) which states ?The certifying agency may modify the certi?cation in such a manner as may be agreed upon by the certifying agency, the licensing or permitting agency, and the Regional Administrator.? The State's certi?cation of these NWP activities does not replace the need for the applicant proposing an activity under the NWP Program from obtaining other applicable permits/authorizations from the West Virginia Department of Environmental Protection and/or the West Virginia Division of Natural Resources. Each permittee shall, if they do not understand or are not aware of applicable NWP conditions, contact the USACE prior to conducting any activity authorized by an NWP to be advised of applicable conditions. This 401 Water Quality Certi?cation, with all attendant standard conditions and special conditions, is applicable to USACE projects in West Virginia. State 401 Certi?cation, as required by the Clean Water Act, is hereby granted subject to the attached special conditions and standard conditions for Section 404 Nationwide Permits in West Virginia; provided, that the modi?cations herein are agreed upon by USEPA as the Regional Administrator and USACE, the permitting agency. Sincerely, 2.4.1 Harold Ward Acting Director Division of Water and Waste Management cc: US Army Corps of Engineers Pittsburgh District Jon Coleman US Environmental Protection Agency Cosmo Servidio US Environmental Protection Agency Jessica Martinsen Wildlife Resources Section, Elkins Danny Bennett US. Fish and Wildlife Service John Schmidt Standard Conditions of State 401 Water Quality Certi?cation Applicable to Nationwide Permits Any permitted activity for which U.S. Army Corps of Engineers (ACOE) requires pre- construction noti?cation (PCN) in accordance with Nationwide Permit General Condition 32 requires the same information to be sent by the applicant, prior to construction, to West Virginia Department of Environmental Protection, Division of Water and Waste Management (WV DEP DWWM). 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 permanent stream impacts greater than 300 linear feet or causing the loss of greater than 1/10 acre of wetlands. Culverted crossings should be sized and installed in a manner to allow the passage of aquatic life and freely pass bankfull ?ows. Exceptions to this requirement would be when culvert placement is on bedrock, or when stream gradient is equal to or greater than or when bankfull elevation is greater than ?nal surface elevation. The permittee will investigate for the presence of water supply intakes or other activities within 1/2 mile which may be affected by suspended solids and turbidity increases caused by work in the watercourse. The permittee will give notice to operators of any such water supply intakes and such other water quality dependent activities as necessary before beginning work in the watercourse in suf?cient time to allow preparation for any change in water quality. Excavation, dredging or filling in the watercourse will be done only to the extent necessary to achieve the project?s purpose, and at each wetland crossing the top 12 inches of topsoil shall be removed and stockpiled separately from other excavated material. In addition, at each stream crossing, substrate in the channel is to be removed and stockpiled separately from other excavated material. This native material must be re-used in restoration of the wetland and/ or stream bed. Spoil materials from the watercourse or onshore operations, including sludge deposits, will not be dumped in the watercourse, or deposited in wetlands or other areas where the deposit may adversely affect the surface or ground waters of the state. The permittee will employ measures to prevent or control spills from fuels, lubricants or any other materials used in connection with construction and restrict them from entering the watercourse. Storage areas for chemicals, explosives, lubricants, equipment fuels, etc., as well as equipment re?leling areas, must include containment measures liner systems, dikes, etc.) to ensure that spillage of any material will not contact surface or ground waters. Storage areas and refueling areas shall be a minimum distance of 100 feet from any surface water body. All spills shall be reported to the State Center for Pollution, Toxic Chemical and Oil Spills, 1-800?642?3074. 10. ll. 12. Upon completion of in-stream operations all disturbances below the ordinary high water mark will be properly stabilized within 24 hours to prevent soil erosion. Where possible, stabilization shall incorporate revegetation using bioengineering as an alternative to rip rap. If rip rap is utilized, it is to be of such weight and size that bank stress or slump conditions will not be created due to its placement. Fill is to be clean, nonhazardous and of such composition that it will not adversely affect the biological, chemical or physical properties of the receiving waters. Unsuitable materials include but are not limited to: copper chromium arsenate (CCA) and creosote treated lumber, car bodies, tires, large household appliances, construction debris, and asphalt. To reduce potential slope failure and/or erosion behind the material, ?ll containing concrete must be of such weight and size that promotes stability during expected high ?ows. Loose large slab placement of concrete sections from demolition projects greater than thirty-six inches in its longest dimension and tires are prohibited. Rebar or wire in concrete should not extend ?rrther than one (1) inch. All activities require the use of clean and coarse non-erodible materials with 15% or less of like ?nes that is properly sized to withstand expected high ?ows. Runoff from any storage areas or spills will not be allowed to enter storm sewers without acceptable removal of solids, oils and toxic compounds. Discharges from retention] detention ponds must comply with permit requirements of the National Pollutant Discharge Elimination System permit program of the West Virginia Department of Environmental Protection, Division of Water and Waste Management. Land disturbances, which are one (1) acre or greater in total area, must comply with the National Pollutant Discharge Elimination System or other state stormwater permit requirements as established by the WV DEP DWWM, if applicable. Any land disturbances are required to use Best Management Practices for Sediment and Erosion Control, as described in the latest West Virginia Department of Environmental Protection?s Erosion and Sediment Control Best Management Practice Manual, or similar documents prepared by the West Virginia Division of Highways. These handbooks are available from the respective agency of?ces. Concrete will not be permitted to enter the watercourse unless contained by sealed forms or cells. Concrete handling equipment shall not discharge waste washwater into wetlands or watercourses at any time without adequate wastewater treatment as approved by the WV DEP DWWM. In stream work in designated warm water streams and their adjacent tributaries during the ?sh spawning season, April - June and trout waters and their adjacent tributaries during the trout water fish spawning season September 15 to March 31 requires a spawning season waiver from the West Virginia Division of Natural Resources (WV DNR) Coordination Unit, at (304) 63 7-0245. For information about speci?c stream designations contact West Virginia Department of Environmental Protection, Water Quality Standards Section at (304) 926-0495. In?stream work may occur during the respective spawning season in ephemeral waters without a waiver if all reasonable measures are taken to minimize turbidity and sedimentation associated with the proposed project. 13. 14. 15. 16. 17. 18. Removal of well-established riparian vegetation not directly associated with the project construction is prohibited. Disturbance and removal of vegetation from project construction area is to be avoided, where possible, and minimized when necessary, Removal of vegetation shall not be allowed where stream bank stability under normal ?ow conditions would be compromised. Operation of equipment instream is to be minimized and accomplished during low ?ow periods when practical. Ingress and egress for equipment shall be within the work site. Location of ingress and egress outside the immediate work area requires prior approval of the WV DEP DWWM in concurrence with the WV DNR. The permittee will comply with water quality standards as contained in the West Virginia Requirements Governing Water Quality Standards, Title 47 of Code of State Regulations, Series 2. Stream activities permitted under the Nationwide Permit Program require that a West Virginia Public Lands Corporation Right of Entry be obtained. Application for Stream Activity should be made to the WV DNR, Of?ce of Lands and Streams, at or (304) 558-3225. In addition, any activity within the Federal Emergency Management Agency delineated IOU-year ?oodplain requires approval from the appropriate Floodplain Manager. The following website provides a statewide listing of Floodplain Managers in West Virginia: If applicable, the permittee must measure and report Large Quantity Water use pursuant to ?22?26-l et seq. of the West Virginia Code. Prior noti?cation describing the project location and impacts must be given to the WV DEP DWWM for use of any of the Nationwide Permits for all work in streams set forth in Sections A, B, and below. A. Tier 3 Protection. West Virginia Code of State Regulations, Requirements Governing Water QualityStandards, Title 47, Series 2. Outstanding National Resource Waters: Outstanding National Resource Waters include, but are not limited to, all streams and rivers within the boundaries of Wilderness Areas designated by The Wilderness Act (16 U.S.C. ?1131 et seq.) within the State, all Federally designated rivers under the Wild and Scenic Rivers Act, 16 U.S.C. ?1271 et seq.; all streams and other bodies of water in state parks which are high quality waters or naturally reproducing trout streams; waters in national parks and forests which are high quality waters or naturally reproducing trout streams; waters designated under the National Parks and Recreation Act of 1978, as amended; and pursuant to subsection 7.1 of 60CSR5, those waters whose unique character, ecological or recreational value, or pristine nature constitutes a valuable national or state resource. The listing of Tier 3 streams, is located at: VTier_3_Nov201 3_web .xlt B. All naturally-reproducing trout streams. For information about speci?c streams contact WV DNR, Wildlife Resource Section, Trout Fisheries Program at 304- 63 7-0245. C. West Virginia Natural Stream Preservation Act. The following streams or rivers are protected from activities that would impound, divert or ?ood the body of water: Greenbrier River from its con?uence with Knapps Creek to its con?uence with the New River, Anthony Creek from its headwaters to its con?uence with the Greenbrier River, Cranberry River from its headwaters to its con?uence with the Gauley River, Birch River from Cora Brown Bridge in Nicholas County to the con?uence of the river with the Elk River, and New River from its con?uence with the Greenbrier River to its con?uence with the Gauley River: 19. Wetland and stream mitigation guidelines. The discharge of dredged or ?ll material into a stream or wetland is authorized based upon the following criteria: A. One-tenth to 1/2 acre of permanent impact to wetland(s) (including wetland type conversion) requires prior noti?cation describing the project location and impacts and plan for mitigation to be submitted to the WV DEP DWWM along with the proposed plan for mitigation provided to the state for approval. B. The amount of ?ll in a wetland, wetland complex or wetland system without mitigation is not to cumulatively exceed 1/ 10 acre. C. West Virginia Stream Wetland Valuation Metric. (SWVM) is the preferred method to assist with the determination of required mitigation. The metric is available at the Huntington and Pittsburgh ACOE web sites. In all instances, mitigation for all impacts incurred through use of these Nationwide Permits must ?rst be directed to elimination of the impacts, then minimization of the impacts and lastly through compensatory mitigation. In many cases, the environmentally preferable compensatory mitigation may be provided through an approved mitigation bank or the West Virginia In?Lieu Fee Program. Permittee responsible compensatory mitigation may be performed using the methods of: restoration, enhancement, establishment, and in certain circumstances, preservation. In general, the required compensatory mitigation should be located in the same watershed as the impact site, and located where it is most likely to successfully replace lost functions and services as the impacted site. However, the use of mitigation banks or in?lieu fee for in?kind replacement is not restricted to the major watershed in which the impact has occurred until such time as mitigation banks or in-lieu projects are developed in each major watershed. Wetlands. When perrnittee responsible in?kind replacement mitigation is used, it is to be accomplished at the following ratios until such time an approved functional assessment methodology is established for the state of West Virginia: Permanent impacts to open water wetlands are to be one (1) acre replaced for one (1) acre impacted. 20. Permanent impacts to wet meadow/emergent wetlands are to be two (2) acres replaced for one (1) acre impacted. Permanent impacts to scrub-shrub and forested wetlands are to be three (3) acres replaced for one (1) acre impacted. In instances where compensatory in?kind mitigation is completed 12 months prior to the impact of the resource, the replacement ratio may be reduced to as low as one (1) acre created/restored to every one 1) acre impacted. NOTE: The ratio of created/restored wetlands to impacted wetlands not only ensures no net loss, but assures the adequate replacement of the impacted wetlands functions and values at the level existing prior to the impact. For many of the more complicated type wetlands, such as scrub-shrub and forested, the values and ?mctions cannot readily be replaced through creation. Furthermore, not all wetland creation is successful. In certain instances, the West Virginia Department of Environmental Protection, Division of Water and Waste Management may consider the acquisition of existing wetlands. Acquisition ratios are the following: 5 to 1 for open water wetlands 10 to 1 for wet meadow/emergent wetlands 15 to I for scrub-shrub and forested wetlands Under extenuating circumstances the director may accept lower ratios for high quality wetlands under signi?cant threat of development. All wetlands acquired, using the acquisition method of mitigation, will either be deeded to the WV DNR Public Land Corporation for management by the Wildlife Resources Section or placed under a conservation easement and be protected from disturbance by the permittee or their designee. Third party oversight of the conservation easement by a non-pro?t conservation organization is preferred. Streams. Compensatory mitigation projects for permanent stream impacts should attempt to replace lost functions. Mitigation will be determined on a case?by-case basis based on the pre- and post- condition stream quality and complexity of the mitigation project preferably utilizing the SWVM worksheets. Compensatory mitigation may require protection through deed restrictions or conservation easements by the permittee or their designee. Streams with Mussel populations A. Should native freshwater mussels be encountered during the use of any Nationwide Permit, all activity is to cease immediately and the WV DNR Wildlife Resources Section, Wildlife Diversity Program is to be contacted (304-63 7-0245) to determine signi?cance of the mussel population and the action to be taken. 21. B. Work in streams known to have protected ?no take? mussel populations or contain protected habitat of mussels on the Federal Endangered Species list must be approved by the WV DNR, Wildlife Diversity Program. Applicants wishing to conduct projects in such streams should contact the program at (304) 63 7-0245. The most current list of these waters and other mussel information can he found here: C. Applicants should also consider utilizing WV DNR Wildlife Data Base Inquiry process. This resource is designed for the applicant as an informative preplanning tool. It allows the applicant to know, in advance, if they will be encountering any federally-listed endangered species (ES), state species of concern and high quality ?sh and wildlife habitats such as trout streams, warm water ?sheries, wetlands, karst and cave habitats. This inquiry can be obtained from the: Wildlife Data Base Coordinator, PO Box 67, Elkins, West Virginia 26241. Information on what to submit to receive an inquiry should be directed to data base coordinator at 304- 637?0245. Isolated State Waters. In some cases, the ACOE may determine that an activity will not impact waters of the United States because the water is an isolated wetland or stream, and therefore does not require a 404 permit. However, under West Virginia Code ?22?1 l- a permit is needed to place a waste into any water of the State. Accordingly, any applicant proposing to impact an isolated water must contact WV DEP DWWM to obtain all necessary approvals for activities impacting any isolated State waters. Special Conditions of State 401Water Quality Certi?cation Applicable to Individual Nationwide Permits Nationwide Permits have no West Virginia 401 Water Quality Certi?cation Special Conditions. 3. Maintenance. Nationwide Permit 3 West Virginia 401 Water Quality Certi?cation Special Conditions: Prior written noti?cation to the West Virginia Department of Environmental Protection, Division of Water and Waste Management is required for use of this permit on streams identi?ed in WQC Standard Condition 18 A, B, and herein, and for all Section 10 Rivers. Scienti?c Measurement Devices. Nationwide Permit 5 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Measurement devices will not restrict stream ?ow. No structure authorized by this permit shall entrain or impinge ?sh or any other aquatic life; or impede or prevent ?sh movement upstream or or cause more than minimal impact without speci?c written authorization from West Virginia Department of Environmental Protection, Division of Water and Waste Management. Survey Activities. Nationwide Permit 6 West Virginia 401 Water Quality Certi?cation Special Conditions: A. All test holes which penetrate solid rock shall be abandoned so that the lateral and vertical movement of ?uids is prevented, provided that the test hole need not be plugged if subsequent excavation will remove the ?ill depth of the test hole. B. Prior written noti?cation to West Virginia Department of Environmental Protection, Division of Water and Waste Management is required for activities proposing exploratory trenching under this permit. Outfall Structures and Associated Intake Structures. Nationwide Permit 7 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Individual State Water Quality Certi?cation is required when outfall structures and associated intake structures are being constructed in any streams identi?ed in WQC Standard Condition 18 A, B, and herein. B. Forty??ve-day advance noti?cation prior to installation of an outfall must be provided to West Virginia Department of Environmental Protection, Division of Water and Waste Management (WV DEP DWWM) allowing for a determination to be made as to whether the outfall will negatively impact the nursery functions of an embayment, island back channel, or stream mouth on a Section 10 River, necessitating further review or an individual certi?cation. C. Disturbance of shoreline will be limited to 100 linear feet. D. The structure is to be properly designed to prevent erosion. Rip rap or a splash pad is to be constructed to dissipate energy and to aerate the discharge unless the discharge elevation is below the water line at all times. E. Forty-?ve?day advance noti?cation prior to withdrawal must be provided to WV DEP when this permit is being used for water withdrawal, allowing for a determination of whether the water withdrawal will have more than minimal impacts on aquatic resources, thus necessitating further review or an individual certi?cation. Information to be provided is as follows: i. the maximum water withdrawal rate ii. designs to minimize impingement and entrainment of aquatic life a description of how the intake rate will affect stream?ow, or be varied, during periods of seasonal low ?ow and/or drought. F. No structure authorized by this permit shall impede or prevent ?sh movement upstream or Structures in Fleeting and Anchorage Areas. Nationwide Permit 9 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Compensatory mitigation is required by 47 CSR 5A 6.2.k. for barge ?eeting areas. Utility Line Activities. Nationwide Permit 12 West Virginia 401 Water Quality Certi?cation Special Conditions: A. The Secretary of the West Virginia Department of Environmental Protection, in the Secretary?s sole discretion, reserves the right to require an individual water quality certi?cation for any of the following facilities or impacts: 10 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 de?ned 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 identi?ed 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. Points of ingress and egress to streams for equipment shall be within the permitted area of disturbance. Individual stream crossings using wet or open?cut methods that do not isolate the excavation area must be completed in a continuous, progressive manner and within 72 hours during seasonal normal or below normal stream ?ow conditions. Stream crossings using the dry ditch method are exempt from the 72-hour requirement. Construction and access bridges and crossings on, Section 10 rivers are also exempt from the 72-hour requirements. Whatever crossing method is chosen by the permittee, the crossing should be completed as rapidly as practicable. Equipment tracking in wetlands will utilize protective mats when practical. Restoration of the disturbed areas will be completed within 72 hours of the completion of pipeline installation across the watercourse. Surface disturbance will not extend beyond the right-of-way limits and construction easements. Stream crossings will be conducted as close to a right angle to the watercourse as practical and the area of disturbance will be limited to reduce in stream activity. Dredging for back?ll material is not allowed. Submarine pipeline stream crossings (including horizontal directional drilling) must be designed and constructed to prevent ?otation and the possibility of leakage or rupture and the top of pipelines must he buried a minimum of three (3) feet below the stream bottom. Horizontal directional drilling for underwater crossings requires an Inadvertent Return Contingency Plan certi?ed by a West Virginia Professional Engineer to be kept on site and made available upon request. 11 Where it is apparent that small boats, inner tubes, swimmers, etc. could be using the stream in the work area, easily seen warning signs must be placed a minimum of 50 feet upstream and of the stream crossings construction site to advise stream users of the potential danger. Prior written noti?cation to West Virginia Department of Environmental Protection, Division of Water and Waste Management (WV DEP DWWM) when this permit is being used for vented low water crossings. Forty-?ve-day advance noti?cation prior to withdrawal must be provided to WV DEP DWWM when this permit is being used for water withdrawal, allowing for a determination of whether the water withdrawal will have more than minimal impacts on aquatic resources, thus necessitating further review or an individual certi?cation. Information to be provided is as follows: i. the maximum water withdrawal rate; ii. designs to minimize impingement and entrainment of aquatic life, and a description of how the intake rate will affect stream?ow, or be varied, during periods of seasonal low ?ow and/or drought. No permanent structure authorized by this permit shall prevent ?sh movement upstream or At each stream crossing, substrate in the channel is to be removed and stockpiled separately from other excavated material. This native material must be reused in restoration of the stream channel and, upon ?nal stream bed restoration, the stream must have similar substrate pattern, pro?le, dimension and embeddedness of the original stream channel. At each wetland crossing, the top 12 inches of soil are to be removed and stockpiled separately from other excavated material. This native material must be reused in restoration of the wetland. Waterbody banks are to be returned as close as practicable to preconstruction contours. Riparian areas shall be revegetated with native species of conservation grasses, legumes, and woody species (of low determinate growth), similar in density to adjacent undisturbed lands. Routine mowing or clearing adjacent to waterbodies shall be limited to allow a riparian strip at least 25 feet wide, as measured from the waterbody?s mean high water mark, to permanently revegetate with native plant species across the entire construction right-of?way. However, to facilitate periodic corrosion/leak surveys, a corridor centered on the pipeline and up to 10 feet wide may be cleared at a frequency necessary to maintain the 10- foot corridor in an herbaceous state. In addition, trees that are located within 15 feet of the pipeline that have roots that could compromise the integrity of the pipeline coating may be cut and removed from the permanent right-of?way. Seeding recommendations can be found in West Virginia Division of Natural Resources? publication, ?Enhancing Wildlife Habitat on Oil Gas Infrastructure.? 12 13. 14. Bank Stabilization. Nationwide Permit 13 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Except for activities under Section 14 of the 1946 Flood Control Act, Individual State Water Quality Certi?cation is required for bank stabilization activities: i. Greater than 500 linear feet of perennial and intermittent stream bank authorized by the US Army Corps of Engineers (this condition may be waived up to 1,000 linear feet for landowners working with West Virginia Conservation Agency); ii. Activities impacting greater than 200 linear feet on one or more of the streams identi?ed in WQC Standard Condition 18 A, B, and herein. Pre-construction noti?cation shall be provided to the West Virginia Department of Environmental Protection, Division of Water and Waste Management allowing 45 days for a determination to be made as to whether the stabilization activity will negatively impact the nursery ?inctions of an embayment, island back channel, or stream mouth on a Section 10 River, necessitating further review or an individual certi?cation. Bank protection measures may not be extended into the bed of the stream except as necessary to provide proper footing of the bank stabilization measure. Stabilized streambanks, where possible and practicable, should he sloped and revegetated for erosion control purposes. The use of unconsolidated river gravel (river jack) for streambank stabilization is not allowed. Unconsolidated river material may be used to reconstruct streamsz or form bankfull benches provided they are stabilized by material and/or methods which prevent further erosion under normal or expected high ?ows. Acceptable material and/or methods are; quarried or shot rock, clean concrete rubble, gabions, cribbing, woody vegetation, and ?ow diversion structures such as rock vanes. All of the foregoing are to be used in combination with appropriate sloping and engineering speci?cations. Linear Transportation Projects. Nationwide Permit 14 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Activities associated with temporary access ?lls, temporary cofferdams or other discharges related to accessing the stream for maintenance activities require the use of clean and coarse non-erodible materials with 15% or less of like ?nes that is properly sized to withstand expected high ?ows. l3 15. 17. 18. B. Pipe, box, and arched culvert crossings: i. The volume of ?ll for culverted structures is limited to the amount required to achieve transportation purpose. ii. The inlet/outlets must be designed in such a manner as to maintain substrate in the bottom of the culvert (culverts installed in bedrock or with a stream gradient of 4% or greater do not need to be countersunk). Countersinking the culvert to the sub-pavement of the streambed, backwatering or the use of a bottomless culvert will generally ful?ll this requirement. If ?lls associated with the crossing extend onto the ?oodplain, the use of ?oodplain culverts is strongly encouraged. C. The volume of ?ll for a bridge abutment or piers below the ordinary high water mark is not to exceed 200 cubic yards for a single bridge project. D. Individual State Water Quality Certi?cation is required for an activity impacting greater than 200 linear feet on one or more of the streams identi?ed in Section Standard Condition 18 A, B, and herein. US. Coast Guard Approved Bridges. Nationwide Permit 15 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Pre-construction noti?cation shall he provided to the West Virginia Department of Environmental Protection, Division of Water and Waste Management for the use of this permit. Hydropower Projects. Nationwide Permit 17 West Virginia 401 Water Quality Certification Special Conditions: A. An Individual State Water Quality Certi?cation is required for use of this permit. Minor Discharges. Nationwide Permit 18 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Prior noti?cation describing the project location and impacts of dredging/?lling shall be provided to the West Virginia Department of Environmental Protection, Division of Water and Waste Management allowing 45 days for a determination to be made as to whether the activity will negatively impact the nursery functions of an embayment, island back channel, or stream mouth on a Section 10 River, necessitating further review or an individual certi?cation. 14 19. Minor Dredging. Nationwide Permit 19 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Prior noti?cation describing the project location and impacts of dredging/ ?lling shall be provided to the West Virginia Department of Environmental Protection, Division of Water and Waste Management allowing 45 days for a determination to be made as to whether the activity will negatively impact the nursery functions of an embayment, island back channel, or stream mouth on a Section 10 River, necessitating further review or an individual certi?cation. 20. Response Operations for Oil and Hazardous Substances. Nationwide Permit 20 West Virginia 401 Water Quality Certification Special Conditions: A. Substances contained during cleanup or other contaminated dredged or till material cannot be discharged or disposed of in sensitive areas such as islands, embayments, wetlands, or any water course, but only in disposal areas approved by West Virginia Department of Environmental Protection, Division of Water and Waste Management. 21. Surface Coal Mining Activities. Nationwide Permit 21 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Individual State Water Quality Certi?cation is required for activities impacting any classi?cation of stream listed in West Virginia 401 Water Quality Certi?cation Standard Condition 18. B. Individual State Water Quality Certi?cation is required for activities impacting an intermittent or perennial stream(s). C. Individual State Water Quality Certi?cation is required for intermittent or perennial stream, crossing (linear transportation projects) e. g. haul roads, access roads, conveyor belts, and pipelines, greater than 100 linear feet per each crossing. D. Individual State Water Quality Certi?cation is required for wetland impacts greater than acre. 23. Approved Categorical Exclusions. Nationwide Permit 23 West Virginia 401 Water Quality Certi?cation Special Conditions: 15 29. 31. 32. 33. 36. An Individual State Water Quality Certi?cation is required for use of this permit. Residential Developments. Nationwide Permit 29 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Projects affecting Section 10 waters and adjacent wetlands require individual state water quality certi?cation. B. Placing in?stream stormwater management facilities with this permit requires Individual State Water Quality Certi?cation. Maintenance of Existing Flood Control Facilities. Nationwide Permit 31 West Virginia 401 Water Quality Certi?cation Special Conditions: A. In non-emergency situations, prior written noti?cation is required from West Virginia Department of Environmental Protection, Division of Water and Waste Management allowing 45 days to ensure both the minimization of impacts to ?sheries and wildlife habitat and the consideration of habitat enhancements. Completed Enforcement Actions. Nationwide Permit 32 West Virginia 401 Water Quality Certi?cation Special Conditions: A. An Individual State Water Quality Certi?cation is required for use of this permit. Temporary Construction, Access, and Dewatering. Nationwide Permit 33 West Virginia 401 Water Quality Certification Special Conditions: Individual State Water Quality Certi?cation is required for use of this permit to construct temporary causeways in Section 10 waters, or for ?lls in any water anticipated to exceed one year. Boat Ramps. Nationwide Permit 36 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Pre-construction noti?cation for this permit shall be provided to the West Virginia Department of Environmental Protection, Division of Water and Waste Management allowing 45 days for a determination to be made as to whether the 16 37. 38. 39. 40. boat ramp will negatively impact the nursery functions of an embayment, island back channel, or stream mouth on a Section 10 River, necessitating further review or an individual certi?cation. Emergency Watershed Protection and Rehabilitation. Nationwide Permit 37 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Projects that have been coordinated with and obtained concurrence from West Virginia Department of Environmental Protection, Division of Water and Waste Management in the early project planning phase are certi?ed. B. This certi?cation applies only to those emergency situations that involve: threats to life, threat of loss of primary residence, and loss or threat of loss to the areas? infrastructure and/or other community services. Cleanup of Hazardous and Toxic Waste. Nationwide Permit 38 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Along with the pre-construction noti?cation required to he submitted to West Virginia Department of Environmental Protection, Division of Water and Waste Management (as speci?ed in WQC Standard Condition 1), notice of the proposed activity must be provided to the West Virginia Department of Environmental Protection, Division of Land Restoration, Of?ce of Environmental Remediation, 601 57th Street, Charleston, West Virginia 25304, as early as possible. Commercial and Institutional Developments. Nationwide Permit 39 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Individual State Water Quality Certi?cation is required for projects impacting Section 10 waters and adjacent wetlands. B. Placing in?stream stormwater management facilities with this permit requires Individual State Water Quality Certi?cation. Agricultural Activities. Nationwide Permit 40 West Virginia 401 Water Quality Certi?cation Special Conditions: Placing in?stream stormwater management facilities with this permit requires Individual State Water Quality Certi?cation. 17 43. 45. 48. 49. 50. Stormwater Management Facilities. Nationwide Permit 43 West Virginia 401 Water Quality Certi?cation Special Conditions: Placing in?stream stormwater management facilities with this permit requires Individual State Water Quality Certi?cation. Repair of Uplands Damaged by Discrete Events. Nationwide Permit 45 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Individual State Water Quality Certi?cation is required for an activity impacting greater than 200 linear feet on one or more of the streams identi?ed in Section Standard Condition 18 A, B, and herein. Commercial Shell?sh Aquaculture Activities. Nationwide Permit 48 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Individual State Water Quality Certi?cation is required for an activity impacting greater than 200 linear feet on one or more of the streams identi?ed in Section I-l Standard Condition 18 A, B, and herein. Coal Remining Activities. Nationwide Permit 49 West Virginia 401 Water Quality Certi?cation Special Conditions: A. Individual State Water Quality Certi?cation is required for activities impacting any classi?cation of stream listed in West Virginia 401 Water Quality Certi?cation Standard Condition 18. B. Individual State Water Quality Certi?cation is required for activities impacting an intermittent or perennial stream(s). C. Individual State Water Quality Certi?cation is required for intermittent or perennial stream, crossing (linear transportation projects) e.g. haul roads, access roads, conveyor belts, etc., greater than 100 linear feet per each crossing. D. Individual State Water Quality Certi?cation is required for wetland impacts greater than 1/4 acre. Underground Coal Mining Activities. 18 Nationwide Permit 50 West Virginia 44)1 Water Quality Certi?cation Special Conditions: A. Individual State Water Quality Certi?cation is required for activities impacting any classi?cation of stream listed in West Virginia 401 Water Quality Certi?cation Standard Condition 18. B. Individual State Water Quality Certi?cation is required for activities impacting an intermittent or perennial stream(s). C. Individual State Water Quality Certi?cation is required for intermittent or perennial stream, crossing (linear transportation projects) e. g. haulroads, access roads, conveyor belts, etc., greater than 100 linear feet per each crossing. D. Individual State Water Quality Certi?cation is required for wetland impacts greater than 1/2 acre. 51. Land-Based Renewable Energy Generation Facilities. Nationwide Permit 51 West Virginia 401 Water Quality Certi?cation Special Conditions: Individual State Water Quality Certi?cation is required for an activity impacting greater than 200 linear feet on one or more of the streams identi?ed in WQC Standard Condition 18 A, B, and herein. 19