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Environmental Permitting

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Since the early 1970's, there has been a consistent movement toward increased environmental regulation and enforcement at all levels of government.  Any commercial activity with a potential to detrimentally impact the environment likely falls under the authority of some state or federal regulatory agency.


Artemis has extensive experience in obtaining the required authorizations from these agencies (typically in the form of a permit).  Past projects required authorization through a number of regulations including, but not limited to:


Section 404 - The U.S. Army Corps of Engineers is the primary federal manager of the nation's water resources.  With regulatory authority under the Rivers and Harbors Acts and Section 404 of the Clean Water Act, if an activity needs to affect a stream or wetland it is regulated by the Corps.  These activities could include placing fill, removing material from a channel, installing a culvert in a stream, and much more.



Section 401 Certification - In order to satisfy all the requirements of the Clean Water Act, project requiring authorization from the Corps often involve obtaining a certification from a state agency that the proposed project will meet the state's water quality requirements. Permits often carry a blanket certification from the state, but certain conditions can require an individual project evaluation.



Section 402 - When a project involves the discharge of a "pollutant" into the nations waters, a permit under the NPDES (National Pollutant Discharge Elimination System) is typically required.  The EPA (Environmental Protection Agency) has authority under Section 402, but states can develop regulatory programs of their own and request that EPA transfer administration of the NPDES program to them.  A number of states, including Kentucky, North Carolina, Tennessee, Virginia, and West Virginia have authorized state NPDES Permit Programs.


Clean Water Act

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Surface Mining Control and Reclamation Act (SMCRA)


SMCRA was enacted in 1977 to facilitate cooperation between federal and state governments with respect to the regulation of coal mining.  Virginia, Kentucky, and West Virginia all have state regulatory and enforcement programs that operate with oversight from the U.S. Office of Surface Mining (OSM).  Regulation of coal mining in Tennessee is the responsibility of OSM.  


Preparation of a permit in each of these states requires addressing a number of issues including, among others, the mining plan, material handling, sediment and drainage control, land use, surface and ground water quality, and threatened and endangered species.


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Stormwater Protection Permits


In a number of states including Virginia, land-disturbing activities greater than one acre (or less than an acre where the disturbance is part of a larger development) require projects to submit and obtain approval of a site-specific stormwater pollution prevention plan (SWPPP).  


The SWPPP defines the procedures a developer must follow in order to comply with the conditions of a construction general permit that includes requirements on both water quality and quantity of site runoff.


Silt or Filter Fabric Fence

Erosion and Sediment Control Plans


Virginia's Erosion and Sediment Control program specify "minimum standards" that must be followed on all regulated activities.  This program is implemented by a network of local and government programs that regulate most private land disturbing projects.  State and federal activities involving land disturbing activities are overseen by the Virginia Department of Environmental Quality.  Our staff is experienced in preparing and obtaining approval of these Erosion and Sediment Control Plans. 


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