Proposed 2017 Kentucky Water Quality Certification Limitation

Nationwide Permits are issued by the U.S. Army Corps of Engineers and are a type of general permit for impacts to streams and wetlands that result in minimal impacts. Every 5 years these permits are up for renewal and subject to revisions. Nationwide Permits have been revised this year. In addition to a federal revision, each state issues general conditions for state-specific Water Quality Certifications (WQC) associated with the Nationwide Permits.  Revisions to WQC usually coincide with Nationwide Permits. 

On February 1st, the Kentucky Division of Water (KDOW) proposed general conditions for Water Quality Certifications associated with the 2017 Nationwide Permits. The proposed general conditions are available for review and public comment until March 3, 2017; the conditions are not yet final.  Included in KDOW’s proposed general conditions is a requirement that requires applicants to file an Individual WQC for any sediment detention basins constructed in a stream.  General Condition #3 requires an applicant to seek an Individual WQC if the proposed project will create in-stream stormwater detention or retention basins, even if the project would otherwise meet the conditions of the General WQC.  This type of work is often done in upper reaches of headwater streams in order to control stormwater runoff.  Typically, the berms for these basins impact small portions of headwater streams and have been permitted under a General WQC instead of an Individual WQC, as proposed. 

If you are interested in submitting public comments on General Condition #3, you may submit them to the Kentucky Division of Water through their website.  Smith Management Group has been helping clients effectively communicate with Kentucky regulatory agencies for over 25 years.  If you would like our assistance in providing comments before the 30-day comment period expires on March 3rd, please contact me at [email protected]