West Virginia Compensatory Mitigation Guidance under Section 401

West Virginia Compensatory Mitigation Guidance under Section 401 of the Federal Clean Water Act for Coal Mining Activities Dennis Stottlemyer WVDEP DMR Mitigation Coordinator 1/18/2022 WV Compensatory Mitigation Guidance 1

Introduction This guidance document was created to assist the agency and industry in understanding the compensatory mitigation program. 1/18/2022 WV Compensatory Mitigation Guidance 2

Topics of Discussion n Legal Authority The New Federal Mitigation Rule n 1/18/2022 n Process Flow n Prioritization WV Compensatory Mitigation Guidance 3

Legal Authority WV Chapter 22, Article 11 47 CSR 5 A EPA 40 CFR Part 230 USACE 33 CFR Parts 325 and 332 1/18/2022 WV Compensatory Mitigation Guidance 4

New Federal Mitigation Rule Joint rule for the EPA and USACE Revises the Prioritization of Mitigation Pushes the Watershed Based Approach to Mitigation Effective June 9, 2008 1/18/2022 WV Compensatory Mitigation Guidance 5

Process Flow Applicant submits Project Map to USACE and DMR including Waters of the U. S. USACE organizes Pre-Submittal Meeting Mitigation Plan is submitted as part of 401 and 404 USACE and DMR review and comment concurrently One CMP satisfies state and federal requirements Mitigation Plan is a permit condition 1/18/2022 WV Compensatory Mitigation Guidance 6

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Prioritization Mitigation Bank In-lieu fee program Watershed based projects On-site and/or in-kind projects Off-site and/or out-of-kind projects 1/18/2022 WV Compensatory Mitigation Guidance 8

Conclusion Look at mitigation projects early in project planning Look at watershed issues State guidance is effective June 9, 2008 Contact Regional staff first with permitting questions QUESTIONS TODAY? 1/18/2022 WV Compensatory Mitigation Guidance 9