WVDEP Approves Modified 401 Certification of Nationwide Permits

On April 24th the West Virginia Department of Environment Protection (WVDEP) approved its modification of the state’s 401 Certification of the Army Corps of Engineers’ 404 Nationwide Permits. In its approval, WVDEP decided against the proposed Standard Condition 22 that would have allowed it to waive or modify any standard or special condition which would have set a very bad precedent.