Public Notice: USACE Proposed 2026 Nationwide Permit Reissuance
State Water Quality Certification, as required by Section 401 of the Clean Water Act (CWA), has been requested of the West Virginia Department of
Environmental Protection (WVDEP) for the:
Project: Section 404 Nationwide Permits for West Virginia
Applicant: U.S. Army Corps of Engineers, Huntington and Pittsburgh Districts (USACE)
Pursuant to Section 401 of the CWA, the WVDEP may either certify, certify with conditions, deny, or waive certification of the proposed activity.
When issuing certification, the WVDEP may consider the proposed activity’s impact on water resources, fish and wildlife, recreation, critical
habitats, wetlands and other natural resources under its jurisdiction. Regulations governing the scope of the WVDEP’s certification, public
comment, hearings and appeals are in WV Legislative Rule Title 47, Series 5A.
On June 18, 2025, the USACE, requested certification for the reissuance of the Nationwide Permits (NWPs), general conditions, regional conditions,
and definitions with some modifications. On June 18, 2025, the USACE also published in the Federal Register its proposal to reissue existing
NWPs and issue one new NWP. The USACE is proposing to reissue most of the NWPs without changes. The NWPs will be available for use statewide
once certified.
Any interested person may submit written comments on this project during the comment period, which begins with this notice and ends on
November 17, 2025 via mail or email to:
Secretary, WVDEP
Attn: WVDEP 401 Certification Program
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x43869
Email: WQScomments@wv.gov
Correspondence should include the name, address, and telephone number of the writer and a concise statement of the nature of the issues being raised.
USACE Related References are also available from the
Federal Register
.