RAPID/Hydropower/West Virginia/Water Quality
West Virginia Hydropower Water Quality Assessment(14-WV)
In West Virginia, a hydropower developer may need a Section 401 Water Quality Certification from the West Virginia Department of Environmental Protection for Federal Energy Regulatory Commission (FERC) licensed projects that may discharge dredged or fill material into a water of the United States, including wetlands.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|401 Water Quality Certification Process (401 Certification):||The West Virginia Department of Environmental Protection reviews and issues 401 Water Quality Certifications for projects pursuant to W.V. Code of State Rules § 47-5A;W.V. Code of State Rules §§ 47-2. Under Process 401(a)(1) of the CWA (33 U.S.C. § 1341), states have the authority to review and approve, condition, waive, or deny a 401 WQC.|
|401 Certification Regulatory Agency:||West Virginia Department of Environmental Protection|
|401 Certification Threshold:||Section 401 of the Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.) requires developers, subject to a federal license or permit (e.g., Clean Water Act Process 404 permit, Federal Energy Regulatory Commission license, etc.), to obtain a 401 WQC if the project may result in any discharge into the navigable waters of the U.S.|
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