Rules for Individual State Certification of Activities Requiring a Federal Permit, 47 CSR 5A

Details

Type: Legislative Rule
Agency: Environmental Protection - Secretary's Office
CSR Number: 47-05A
Effective Date: May 14, 2014

Summary

This rule is more stringent than its federal counterpart in three areas:
(1) Wetlands mitigation (3:1 vs 1:1). WV’s rule is more stringent in this area, because the State determined that manmade wetlands rarely function as well as natural ones, and they take time to mature.
(2) Barge fleeting mitigation. This area is more stringent because barge fleeting areas restrict/eliminate acres of fishable water, and propwash damages fish nesting sites.
(3) Impingement/entrainment of fish at FERC hydropower facilities. This area is more stringent, because a previous federal court ruling stated impacts to a fishery must occur before mitigation; this provision in the State rule makes it clear we are concerned about impacts to each fish.
Federal Counterpart Regulation: 33 CFR Parts 325 and 332 and 40 CFR Part 230

The scope of this rule is as follows: The purpose of this legislative rule is to carry out the responsibilities placed upon the State
by Section 401 of the Federal Clean Water Act, 33 U.S.C. §1341 and W. Va. Code §§22-1-6(d)(7) and 22-11-
7(a). Section 401 of the Clean Water Act requires that any applicant for a federal license or permit to conduct
an activity that will or may discharge into waters of the United States (as defined in the Clean Water Act) to
present the federal authority with a certification from the appropriate state agency. This rule establishes the
procedures and criteria for the application, processing and review of state water quality certifications that
require a federal permit including those from the United States Army Corps of Engineers under Section 404 of
the Clean Water Act, 33 U.S.C. §1344; Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. §403;
and licenses issued by the Federal Energy Regulatory Commission under the Federal Power Act, 16 U.S.C.
§1791 et. seq.

Submitter Details

Name: Laura Cooper
Email: Laura.k.cooper@wv.gov
Phone: (304) 926-0499 x1110

Uploaded Files

Filename: 47CSR5A WVCoC Regulatory_Reform_comments to Austin Caperon, Cabinet Secretary.pdf
Filesize: 578114
Uploaded: 2017-10-26 15:58:09
Filename: 47CSR5A WVCA Comments- WV DEP Stringency Review.pdf
Filesize: 451702
Uploaded: 2017-10-26 15:58:10