West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-05A - Regulations for State Certification of Activities Requiring Federal Licenses and Permits › Section 47-5A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
When used in this rule, for any activity involving a
				  discharge into waters of the United States that requires a 401 state water
				  quality certification, the following terms are defined as follows:
2.1. "Applicant" means persons or entities
				that are requesting a federal license or permit to conduct activity that
				discharges or may discharge, into waters of the United States and require an
				individual Section 401 state water quality certification.
2.2. "Aquatic resources" include, but are not
				limited to, wildlife, fish, recreational uses, critical habitats, wetlands, and
				other natural resources subject to the Secretary's jurisdiction.
2.3. "Certification" means the certification
				as required under Section 401 of the federal Clean Water Act, 33 U.S.C.
				§1341.
2.4. "Compensatory
				mitigation" means the compensation to the State for unavoidable impacts to
				aquatic or recreational resources in waters of the United States after all
				appropriate and practicable avoidance and minimization has been achieved by
				replacing those aquatic or recreational resources through creation,
				preservation, restoration, enhancement, or monetary or other compensation as
				set forth in this Rule or as may be determined appropriate by the
				Secretary.
2.5. "Complete" means
				that the application package submitted to the Department by the applicant for a
				State 401 Water Quality Certification contains all information necessary, as
				determined by the Secretary, to initiate processing and public
				review.
2.6. "Condition" means
				limitations and monitoring requirements that assure that any applicant for a
				federal license or permit will comply with all applicable federal and State
				laws including water quality standards.
2.7. "Department" means the Department of
				Environmental Protection.
2.8.
				"Emergent wetlands" or "wet meadows, means an area characterized by the
				presence of more than fifty percent (50%) grasses, sedges and other non-woody
				vegetation.
2.9. "Forested
				wetlands" means an area characterized by woody vegetation that is six meters
				(19.685 feet) tall or taller.
2.10.
				"Open water wetlands" are ponds, lakes, and reservoirs. Vegetation may or may
				not be present and covers less than ten percent (10%) of the surface
				area.
2.11 "Permanent impacts"
				means the unavoidable loss of aquatic resources from a permanent structure or
				activities that cause physical stream loss.
2.12 "Scrub-shrub wetlands" are areas
				dominated by woody vegetation less than six meters (19.685 feet) tall. The
				species include true shrubs, young trees, and trees or shrubs that are small or
				stunted because of environmental conditions.
2.13. "Secretary" means the Secretary of the
				Department of Environmental Protection or his or her designee.
2.14. "Wetlands" means those areas that are
				inundated or saturated by surface or groundwater at a frequency and duration
				sufficient to support, and that under normal circumstances do support, a
				prevalence of vegetation typically adapted for life in saturated soil
				conditions. Wetlands generally include swamps, marshes, bogs, and similar
				areas.