Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-40 - Exceptions to coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A. Coverage under
				this VWP general permit is not required if the activity is excluded from
				permitting in accordance with
				9VAC25-210-60.
B. Coverage under this VWP general permit
				cannot be used in combination with coverage under other VWP general permits in
				order to impact greater than two acres of nontidal wetlands or open water or
				greater than 1,500 linear feet of nontidal stream bed. Granting coverage under
				this VWP general permit more than once for a single and complete project is
				prohibited, except when the cumulative impact to surface waters does not exceed
				the limits specified here.
C. This
				VWP general permit cannot be used for an activity in a phased development that
				would cause the aggregate total loss of nontidal wetlands or open water in the
				subdivision to exceed two acres or to exceed 1,500 linear feet of nontidal
				stream bed.
D. The activity to
				impact surface waters shall not have been prohibited by state law or
				regulations, nor shall it contravene applicable Water Quality Standards
				(9VAC25-260).
E. The department
				shall deny application for coverage under this VWP general permit to any
				applicant conducting activities that cause, may reasonably be expected to
				cause, or may be contributing to a violation of water quality standards,
				including discharges or discharge-related activities that are likely to
				significantly affect aquatic life, or for activities that together with other
				existing or proposed impacts to wetlands will cause or contribute to a
				significant impairment of state waters or fish and wildlife
				resources.
F. This VWP general
				permit does not authorize activities that cause more than minimal changes to
				the peak hydraulic flow characteristics, that significantly increase flooding,
				or that cause more than minimal degradation of the water quality of a
				stream.
G. Coverage under this VWP
				general permit shall not be granted for:
1.
				Construction of a stormwater management facility in perennial streams or in
				waters designated as oxygen-impaired or temperature-impaired (does not include
				wetlands).
2. The construction of
				an irrigation impoundment on a perennial stream.
3. Any water withdrawal activities.
4. The location of animal feeding operations
				or waste storage facilities in state waters.
5. The pouring of wet or uncured concrete in
				state waters, unless the area is contained within a cofferdam and the work is
				performed in the dry or unless approved by the Department of Environmental
				Quality.
6. Return flow discharges
				from dredge disposal sites.
7.
				Overboard disposal of dredge materials.
8. Dredging in marinas.
9. Dredging of shellfish areas, submerged
				aquatic vegetation beds, or other highly productive areas.
10. Federal navigation projects.
11. The construction of new ski
				areas.
12. Any activity in surface
				water that will impact federal or state listed threatened or endangered species
				or designated critical habitat, or result in a taking of threatened or
				endangered species in accordance with the following:
a. As pursuant to § 29.1-564 of the Code
				of Virginia, the taking, transportation, processing, sale, or offer for sale
				within the Commonwealth of any fish or wildlife appearing on any list of
				threatened or endangered species published by the United States Secretary of
				the Interior pursuant to the provisions of the federal Endangered Species Act
				of 1973 ( P.L. 93-205 ), or any modifications or amendments thereto, is
				prohibited except as provided in § 29.1-568 of the Code of
				Virginia.
b. As pursuant to §
				29.1-566 of the Code of Virginia and
				4VAC15-20-130
				B and C, the taking, transportation, processing, sale, or offer for sale within
				the Commonwealth of any state listed endangered or threatened species is
				prohibited except as provided in § 29.1-568 of the Code of
				Virginia.
13. Any
				activity in wetlands composed of 10% or more, singularly or in combination,
				based upon either basal area or percent areal cover in the area of impact, in a
				vegetative stratum: Atlantic white cedar (Chamaecyparis thyoides), bald cypress
				(Taxodium distichum), water tupelo (Nyssa aquatica), or overcup oak (Quercus
				lyrata).
14. Any activity in
				wetlands underlain by histosols.
15. Any activity in tidal waters.
16. Impacts to state waters for the
				construction of any natural gas transmission pipeline that is greater than 36
				inches inside diameter pursuant to a certificate of public convenience and
				necessity under § 7c of the federal Natural Gas Act (15 USC §
											717f(c)) .