Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The words and terms used in this chapter shall have the
				  meanings defined in the State Water Control Law (§ 62.1-44.2 et seq. of
				  the Code of Virginia) and the Virginia Water Protection Permit Program
				  Regulation (9VAC25-210) unless a different meaning is required by the context
				  or is indicated below.
"Bank protection" means measures employed to stabilize
				  channel banks and combat existing erosion problems. Such measures may include
				  the construction of riprap revetments, sills, rock vanes, beach nourishment,
				  breakwaters, bulkheads, groins, spurs, levees, marsh toe stabilization,
				  anti-scouring devices, and submerged sills.
"Bioengineering method" means a biological measure
				  incorporated into a facility design to benefit water quality and minimize
				  adverse effects to aquatic resources, to the maximum extent practicable, for
				  long-term aquatic resource protection and improvement.
"Board" means the State Water Control Board. When used
				  outside the context of the promulgation of regulations, including regulations
				  to establish general permits, "board" means the Department of Environmental
				  Quality.
"Coverage" means authorization to conduct a project in
				  accordance with a VWP general permit.
"DEQ" or "department" means the Department of Environmental
				  Quality.
"Histosols" means organic soils that are often called mucks,
				  peats, or mucky peats. The list of histosols in the Commonwealth includes, but
				  is not limited to, the following soil series: Back Bay, Belhaven, Dorovan,
				  Lanexa, Mattamuskeet, Mattan, Palms, Pamlico, Pungo, Pocaty, and Rappahannock.
				  Histosols are identified in the Hydric Soils of the United States lists
				  generated by the U.S. Department of Agriculture Natural Resources Conservation
				  Service.
"Independent utility" means a test to determine what
				  constitutes a single and complete project. A project is considered to have
				  independent utility if it would be constructed absent the construction of other
				  projects in the project area. Portions of a phased development project that
				  depend upon other phases of the project do not have independent utility.
				  Portions of a phased development project that would be constructed even if the
				  other phases are not built can be considered as separate single complete
				  projects with independent public and economic utility.
"In-stream mining" means activities or operations that remove
				  accumulated sand, gravel, and mineral deposits directly from stream channels
				  using equipment such as, but not limited to, hydraulic dredges, clamshell
				  dredges, or draglines for the sole purpose of processing and selling the
				  material. In-stream mining does not include dredging activities, whose main
				  purpose is to maintain channels and harbors for navigation, nor does it include
				  the recovery of spilled material, such as sand, gravel, and aggregate, that was
				  inadvertently spilled into a waterway during loading activities.
"Notice of project completion" means a statement submitted by
				  the permittee or authorized agent that the authorized activities and any
				  required compensatory mitigation have been completed.
"Phased development" means more than one project proposed for
				  a single piece of property or an assemblage of contiguous properties under
				  consideration for development by the same person, or by related persons, that
				  will begin and be completed at different times. Depending on the relationship
				  between the projects, (i) a phased development may be considered a single and
				  complete project, or (ii) each project may be considered a single and complete
				  project if each project has independent utility, as defined in this
				  subsection.
"Recreational facility" means a facility that is integrated
				  into the natural landscape and does not substantially change preconstruction
				  grades or deviate from natural landscape contours.
"Single and complete project" means the total project
				  proposed or accomplished by a person, which also has independent utility, as
				  defined in this section. For linear projects, the "single and complete project"
				  (e.g., a single and complete crossing) will apply to each crossing of a
				  separate surface water (e.g., a single water body) and to multiple crossings of
				  the same water body at separate and distinct locations. Phases of a project
				  that have independent public and economic utility may each be considered single
				  and complete.
"State program general permit (SPGP)" means a general permit
				  issued by the Department of the Army in accordance with
				  33 USC §
										1344 and
				  33
				  CFR 325.5(c)(3) and that is founded on a state program. The SPGP is designed to
				  avoid duplication between the federal and state programs.
"Up to 300 linear feet" means 300.00 linear feet or less as
				  measured along the center of the main channel of the stream segment.
"Up to 1,500 linear feet" means 1,500.00 linear feet or less,
				  as measured along the center of the main channel of the stream segment.
"Up to one-tenth acre" means 0.10 acre (4,356 square feet) or
				  less.
"Up to two acres" means 2.00 acres (87,120 square feet) or
				  less.
"Utility line" means a pipe or pipeline for the
				  transportation of a gaseous, liquid, liquefiable or slurry substance, for any
				  purpose, and a cable, line, or wire for the transmission for any purpose of
				  electrical energy, telephone, and telegraph messages and radio and television
				  communication. The term utility line does not include activities which drain a
				  surface water to convert it to an upland, such as drainage tiles or french
				  drains; however, it does apply to pipes conveying drainage from another
				  area.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).