RAPID/Hydropower/West Virginia/Water Quality

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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.

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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.

Contact Information

Edit U.S. Army Corps of Engineers
Section 404 Regulatory Contacts


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Edit Bureau of Reclamation
Hydropower Program: Power Resources Office Directory


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Edit Federal Energy Regulatory Commission
Regional Office Hydropower Contacts


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