1. Dennis Stottlemyer WVDEP DMR Mitigation Coordinator
West Virginia Compensatory Mitigation Guidance under Section 401 of the Federal Clean Water Act for Coal Mining Activities
Dennis Stottlemyer
WVDEP DMR
Mitigation Coordinator
11/9/2018
WV Compensatory Mitigation Guidance

2. WV Compensatory Mitigation Guidance
Introduction
This guidance document was created to assist the agency and industry in understanding the compensatory mitigation program.
11/9/2018
WV Compensatory Mitigation Guidance

3. WV Compensatory Mitigation Guidance
Topics of Discussion
Legal Authority
The New Federal Mitigation Rule
Process Flow
Prioritization
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WV Compensatory Mitigation Guidance

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

5. 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
11/9/2018
WV Compensatory Mitigation Guidance

6. WV Compensatory Mitigation Guidance
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
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WV Compensatory Mitigation Guidance

7. WV Compensatory Mitigation Guidance
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WV Compensatory Mitigation Guidance

8. WV Compensatory Mitigation Guidance
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
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WV Compensatory Mitigation Guidance

9. WV Compensatory Mitigation Guidance
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?
11/9/2018
WV Compensatory Mitigation Guidance