                                 CODE OF VIRGINIA

FINDINGS AND PURPOSE (§ 62.1-44.15:80)

The General Assembly determines and finds that to comply with § 401 of the
federal Clean Water Act (33 U.S.C. § 1341), any applicant for a federal license
or permit to conduct any activity that may result in any discharge into
navigable waters shall provide the federal licensing or permitting authority
with a certification from the state in which the discharge originates or will
originate certifying that any such discharge will comply with applicable
provisions of the Clean Water Act. The General Assembly determines and finds
that the Virginia Water Protection Permit program has proven to be sufficient to
evaluate and, when necessary, mitigate potential water quality impacts for most
federally permitted projects. Virginia Water Protection Permit coverage
addresses the impacts caused to wetlands and streams by excavating in a wetland,
draining or significantly altering wetland acreage or function, filling or
dumping in a stream or wetland, or permanently flooding or impounding a wetland
area or stream. However, the conditions and requirements of a Virginia Water
Protection Permit do not cover activities in upland areas, outside of wetlands
and streams, that may result in a discharge to state waters. The General
Assembly determines and finds that for construction of natural gas transmission
pipelines greater than 36 inches inside diameter that are subject to a
certificate of public convenience and necessity under § 7c of the federal
Natural Gas Act (15 U.S.C. § 717f(c)), there may be activities in upland areas
that may have the potential to affect water quality but that do not fall within
the scope of the Virginia Water Protection Permit program. Information related
to such impacts would not be contained in the Joint Permit Application utilized
to determine permit conditions for a Virginia Water Protection Permit. The
General Assembly determines and finds that issuance of a Virginia Water
Protection Permit and a certification issued pursuant to this article shall
together constitute the certification required under § 401 of the Clean Water
Act for natural gas transmission pipelines greater than 36 inches inside
diameter subject to § 7c of the Natural Gas Act.

HISTORY: 2018, c. 636.