Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 260 - WATER QUALITY STANDARDS › Part I - Surface Water Standards with General, Statewide Application › Section 9VAC25-260-30 - Antidegradation policy

Current through Register Vol. 40, No. 24, July 15, 2024
A. All surface
				  waters of the Commonwealth shall be provided one of the following three levels,
				  or tiers, of antidegradation protection. This antidegradation policy shall be
				  applied whenever any activity is proposed that has the potential to affect
				  existing surface water quality.
1. As a
				  minimum, existing instream water uses and the level of water quality necessary
				  to protect the existing uses shall be maintained and protected.
2. Where the quality of the waters exceed
				  water quality standards, that quality shall be maintained and protected unless
				  the board finds, after full satisfaction of the intergovernmental coordination
				  and public participation provisions of the Commonwealth's continuing planning
				  process, that allowing lower water quality is necessary to accommodate
				  important economic or social development in the area in which the waters are
				  located. In allowing such degradation or lower water quality, the board shall
				  assure water quality adequate to protect existing uses fully. Further, the
				  board shall assure that there shall be achieved the highest statutory and
				  regulatory requirements applicable to all new or existing point source
				  discharges of effluent and all cost-effective and reasonable best management
				  practices for nonpoint source control.
3. Surface waters, or portions of these,
				  which provide exceptional environmental settings and exceptional aquatic
				  communities or exceptional recreational opportunities may be designated and
				  protected as described in subdivisions 3 a, b and c of this subsection.
a. Designation procedures.
(1) Designations shall be adopted in
				  accordance with the provisions of the Administrative Process Act (§
				  2.2-4000 et seq. of the Code of Virginia) and the board's public participation
				  guidelines.
(2) Upon receiving a
				  nomination of a waterway or segment of a waterway for designation as an
				  exceptional state water pursuant to the board's antidegradation policy, as
				  required by 40 CFR
				  131.12, the board shall notify each locality
				  in which the waterway or segment lies and shall make a good faith effort to
				  provide notice to impacted riparian property owners. The written notice shall
				  include, at a minimum:
(i) a description of
				  the location of the waterway or segment;
(ii) the procedures and criteria for
				  designation as well as the impact of the designation;
(iii) the name of the person making the
				  nomination; and
(iv) the name of a
				  contact person at the Department of Environmental Quality who is knowledgeable
				  about the nomination and the waterway or segment. Notice to property owners
				  shall be based on names and addresses taken from local tax rolls. Such names
				  and addresses shall be provided by the Commissioners of the Revenue or the tax
				  assessor's office of the affected jurisdiction upon request by the board. After
				  receipt of the notice of the nomination, localities shall be provided 60 days
				  to comment on the consistency of the nomination with the locality's
				  comprehensive plan. The comment period established by subdivision 3 a (2) of
				  this subsection shall in no way impact a locality's ability to comment during
				  any additional comment periods established by the board.
b. Implementation procedures.
(1) The quality of waters designated in
				  subdivision 3 c of this subsection shall be maintained and protected to prevent
				  permanent or long-term degradation or impairment.
(2) No new, additional, or increased
				  discharge of sewage, industrial wastes or other pollution into waters
				  designated in subdivision 3 c of this subsection shall be allowed.
(3) Activities causing temporary sources of
				  pollution may be allowed in waters designated in subdivision 3 c of this
				  subsection even if degradation may be expected to temporarily occur provided
				  that after a minimal period of time the waters are returned or restored to
				  conditions equal to or better than those existing just prior to the temporary
				  source of pollution.
c.
				  Surface waters designated under this subdivision are as follows:
(1) Little Stony Creek in Giles County from
				  the first footbridge above the Cascades picnic area, upstream to the 3,300-foot
				  elevation.
(2) Bottom Creek in
				  Montgomery County and Roanoke County from Route 669 (Patterson Drive)
				  downstream to the last property boundary of the Nature Conservancy on the
				  southern side of the creek.
(3)
				  Lake Drummond, located on U.S. Fish and Wildlife Service property, in its
				  entirety within the cities of Chesapeake and Suffolk excluding any ditches
				  and/or tributaries.
(4) North Creek
				  in Botetourt County from the first bridge above the United States Forest
				  Service North Creek Camping Area to its headwaters.
(5) Brown Mountain Creek, located on U.S.
				  Forest Service land in Amherst County, from the City of Lynchburg property
				  boundary upstream to the first crossing with the national forest property
				  boundary.
(6) Laurel Fork, located
				  on U.S. Forest Service land in Highland County, from the national forest
				  property boundary below Route 642 downstream to the Virginia/West Virginia
				  state line.
(7) North Fork of the
				  Buffalo River, located on U.S. Forest Service land in Amherst County, from its
				  confluence with Rocky Branch upstream to its headwaters.
(8) Pedlar River, located on U.S. Forest
				  Service land in Amherst County, from where the river crosses FR 39 upstream to
				  the first crossing with the national forest property boundary.
(9) Ramseys Draft, located on U.S. Forest
				  Service land in Augusta County, from its headwaters (which includes Right and
				  Left Prong Ramseys Draft) downstream to the Wilderness Area boundary.
(10) Whitetop Laurel Creek, located on U.S.
				  Forest Service land in Washington County, from the national forest boundary
				  immediately upstream from the second railroad trestle crossing the creek above
				  Taylors Valley upstream to the confluence of Green Cove Creek.
(11) Ragged Island Creek in Isle of Wight
				  County from its confluence with the James River at a line drawn across the
				  creek mouth at N36°56.306'/W76°29.136' to
				  N36°55.469'/W76°29.802' upstream to a line drawn across the main stem
				  of the creek at N36°57.094'/W76°30.473' to
				  N36°57.113'/W76°30.434', excluding wetlands and impounded areas and
				  including only those tributaries completely contained within the Ragged Island
				  Creek Wildlife Management Area on the northeastern side of the creek.
(12) Big Run in Rockingham County from its
				  headwaters downstream to the first crossing with the Shenandoah National Park
				  boundary and all tributaries to this segment of Big Run within the confines of
				  Shenandoah National Park.
(13)
				  Doyles River in Albemarle County from its headwaters to the first crossing with
				  the Shenandoah National Park boundary and Jones Falls Run from its headwaters
				  to its confluence with Doyles River and all tributaries to these segments of
				  Doyles River and Jones Fall Run within the confines of Shenandoah National
				  Park.
(14) East Hawksbill Creek in
				  Page County from its headwaters downstream to the first crossing with the
				  Shenandoah National Park boundary and all tributaries to this segment of East
				  Hawksbill Creek within the confines of Shenandoah National Park.
(15) Jeremys Run in Page County from its
				  headwaters downstream to the first crossing with the Shenandoah National Park
				  boundary and all tributaries to this segment of Jeremys Run within the confines
				  of Shenandoah National Park.
(16)
				  East Branch Naked Creek in Page County from its headwaters downstream to the
				  first crossing with the Shenandoah National Park boundary and all tributaries
				  to this segment of East Branch Naked Creek within the confines of Shenandoah
				  National Park.
(17) Piney River in
				  Rappahannock County from its headwaters downstream to the first crossing with
				  the Shenandoah National Park boundary and all tributaries to this segment of
				  the Piney River within the confines of Shenandoah National Park.
(18) North Fork Thornton River in
				  Rappahannock County from its headwaters downstream to the first crossing with
				  the Shenandoah National Park boundary and all tributaries to this segment of
				  the North Fork Thornton River within the confines of Shenandoah National
				  Park.
(19) Blue Suck Branch from
				  its headwaters downstream to the first crossing with the George Washington
				  National Forest boundary.
(20)
				  Downy Branch from its headwaters downstream to the first crossing with the
				  George Washington National Forest boundary.
(21) North Branch Simpson Creek (Brushy Run)
				  from its headwaters downstream to its confluence with Simpson Creek.
(22) Roberts Creek from its confluence with
				  the Pedlar River upstream to its first crossing with the National Forest
				  boundary.
(23) Shady Mountain Creek
				  from its headwaters downstream to its confluence with the Pedlar
				  River.
(24) Cove Creek from its
				  headwaters downstream to the National Forest boundary.
(25) Little Cove Creek and its tributaries
				  from the headwaters downstream to the National Forest boundary.
(26) Rocky Branch from its headwaters
				  downstream to its confluence with the North Fork of the Buffalo
				  River.
(27) North Fork of the
				  Buffalo River from its confluence with Rocky Branch downstream to the National
				  Forest Boundary.
(28) The Hazel
				  River in Rappahannock County from its headwaters to the first downstream
				  crossing with the Shenandoah National Park boundary and all tributaries within
				  this segment within the confines of Shenandoah National Park.
(29) Little Stony Creek in Scott County from
				  Bark Camp Lake dam to its confluence with Bakers Branch.
(30) North River in Augusta County from the
				  Staunton Reservoir dam to the first crossing with National Forest lands
				  boundary (near Girl Scout Camp May Flather).