Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-60 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant
				shall file a complete application in accordance with
				9VAC25-690-50 and
				this section for coverage under this VWP general permit for impacts to surface
				waters from development and certain mining activities.
B. A complete application for VWP general
				permit coverage, at a minimum, consists of the following information, if
				applicable to the project:
1. The applicant's
				legal name, mailing address, telephone number, and if applicable, electronic
				mail address and fax number.
2. If
				different from the applicant, legal name, mailing address, telephone number,
				and if applicable, electronic mail address and fax number of property
				owner.
3. If applicable, the
				authorized agent's name, mailing address, telephone number, and if applicable,
				fax number and electronic mail address.
4. The existing VWP general permit tracking
				number, if applicable.
5. Project
				name and proposed project schedule.
6. The following information for the project
				site location, and any related permittee-responsible compensatory mitigation
				site:
a. The physical street address, nearest
				street, or nearest route number; city or county; zip code; and if applicable,
				parcel number of the site or sites.
b. Name of the impacted water body or water
				bodies, or receiving waters, as applicable, at the site or sites.
c. The latitude and longitude to the nearest
				second at the center of the site or sites.
d. The fourth order subbasin, as defined by
				the hydrologic unit boundaries of the National Watershed Boundary Dataset, for
				the site or sites.
e. A detailed
				map depicting the location of the site or sites, including the project boundary
				and all existing preservation areas on the site or sites. The map (e.g., a U.S.
				Geologic Survey topographic quadrangle map) should be of sufficient detail to
				easily locate the site or sites for inspection.
7. A narrative description of the project,
				including project purpose and need.
8. Plan-view drawing or drawings of the
				project site sufficient to assess the project, including at a minimum the
				following:
a. North arrow, graphic scale, and
				existing and proposed topographic or bathymetric contours.
b. Limits of proposed impacts to surface
				waters.
c. Location of all existing
				and proposed structures.
d. All
				delineated wetlands and all jurisdictional surface waters on the site,
				including the Cowardin classification (i.e., emergent, scrub-shrub, or
				forested) for those surface waters and waterway name, if designated; ebb and
				flood or direction of flow; and ordinary high water mark in nontidal
				areas.
e. The limits of Chesapeake
				Bay Resource Protection Areas (RPAs) as field-verified by the applicant, and if
				available, the limits as approved by the locality in which the project site is
				located, unless the proposed use is exempt from the Chesapeake Bay Preservation
				Area Designation and Management Regulations (9VAC25-830).
f. The limits of any areas that are under a
				deed restriction, conservation easement, restrictive covenant, or other land
				use protective instrument (i.e., protected areas).
9. Cross-sectional and profile drawing or
				drawings. Cross-sectional drawing or drawings of each proposed impact area
				shall include at a minimum a graphic scale, existing structures, existing and
				proposed elevations, limits of surface water areas, ebb and flood or direction
				of flow (if applicable), ordinary high water mark in nontidal areas, impact
				limits, and location of all existing and proposed structures. Profile drawing
				or drawings with this information may be required on a case-by-case basis to
				demonstrate minimization of impacts. Any application that proposes piping or
				culverting stream flows shall provide a longitudinal profile of the pipe or
				culvert position and stream bed thalweg, or shall provide spot elevations of
				the stream thalweg at the beginning and end of the pipe or culvert, extending
				to a minimum of 10 feet beyond the limits of proposed impact.
10. Materials assessment. Upon request by the
				department, the applicant shall provide evidence or certification that the
				material is free from toxic contaminants prior to disposal or that the dredging
				activity will not cause or contribute to a violation of water quality standards
				during dredging. The applicant may be required to conduct grain size and
				composition analyses, tests for specific parameters or chemical constituents,
				or elutriate tests on the dredge material.
11. A narrative description of all impacts
				proposed to surface waters, including the type of activity to be conducted in
				surface waters and any physical alteration to surface waters. Surface water
				impacts shall be identified as follows:
a.
				Wetland impacts identified according to their Cowardin classification (i.e.,
				emergent, scrub-shrub, or forested); and for each classification, the
				individual impacts quantified in square feet to the nearest whole number,
				cumulatively summed in square feet, and then the sum converted to acres and
				rounded to two decimal places using commonly accepted arithmetic principles of
				rounding.
b. Individual stream
				impacts (i) quantified by length in linear feet to the nearest whole number and
				by average width in feet to the nearest whole number; (ii) quantified in square
				feet to the nearest whole number; and (iii) when compensatory mitigation is
				required, the impacts identified according to the assessed type using the
				Unified Stream Methodology.
c. Open
				water impacts identified according to their Cowardin classification, and for
				each type, the individual impacts quantified in square feet to the nearest
				whole number, cumulatively summed in square feet, and then the sum converted to
				acres and rounded to two decimal places using commonly accepted arithmetic
				principles of rounding.
d. A copy
				of the approved jurisdictional determination when available, or when
				unavailable, (i) the preliminary jurisdictional determination from the U.S.
				Army Corps of Engineers (USACE), U.S. Department of Agriculture Natural
				Resources Conservation Service (NRCS), or DEQ or (ii) other correspondence from
				the USACE, NRCS, or DEQ indicating approval of the boundary of applicable
				jurisdictional surface waters, including wetlands data sheets if
				applicable.
e. A delineation map
				that (i) depicts the geographic area or areas of all surface water boundaries
				delineated in accordance with
				9VAC25-210-45
				and confirmed in accordance with the jurisdictional determination process; (ii)
				identifies such areas in accordance with subdivisions 11a, 11b, and 11c of this
				subsection; and (iii) quantifies and identifies any other surface waters
				according to their Cowardin classification (i.e., emergent, scrub-shrub, or
				forested) or similar terminology.
12. An alternatives analysis for the proposed
				project detailing the specific on-site measures taken during project design and
				development to first avoid and then minimize impacts to surface waters to the
				maximum extent practicable in accordance with the Guidelines for Specification
				of Disposal Sites for Dredged or Fill Material, 40 CFR Part 230 . Avoidance and
				minimization includes, but is not limited to, the specific on-site measures
				taken to reduce the size, scope, configuration, or density of the proposed
				project, including review of alternative sites where required for the project,
				which would avoid or result in less adverse impact to surface waters, and
				documentation demonstrating the reason the applicant determined less damaging
				alternatives are not practicable. The analysis shall demonstrate to the
				satisfaction of the department that avoidance and minimization opportunities
				have been identified and measures have been applied to the proposed activity
				such that the proposed activity in terms of impacts to state waters and fish
				and wildlife resources is the least environmentally damaging practicable
				alternative.
13. A compensatory
				mitigation plan to achieve no net loss of wetland acreage and functions or
				stream functions and water quality benefits.
a. If permittee-responsible compensation is
				proposed for wetland impacts, a conceptual wetland compensatory mitigation plan
				must be submitted in order for an application to be deemed complete and shall
				include at a minimum (i) the goals and objectives in terms of replacement of
				wetland acreage and functions; (ii) a detailed location map including latitude
				and longitude to the nearest second and the fourth order subbasin, as defined
				by the hydrologic unit boundaries of the National Watershed Boundary Dataset,
				at the center of the site; (iii) a description of the surrounding land use;
				(iv) a hydrologic analysis including a draft water budget for nontidal areas
				based on expected monthly inputs and outputs that will project water level
				elevations for a typical year, a dry year, and a wet year; (v) groundwater
				elevation data, if available, or the proposed location of groundwater
				monitoring wells to collect these data; (vi) wetland delineation confirmation,
				data sheets, and maps for existing surface water areas on the proposed site or
				sites; (vii) a conceptual grading plan; (viii) a conceptual planting scheme
				including suggested plant species and zonation of each vegetation type
				proposed; (ix) a description of existing soils including general information on
				both topsoil and subsoil conditions, permeability, and the need for soil
				amendments; (x) a draft design of any water control structures; (xi) inclusion
				of buffer areas; (xii) a description of any structures and features necessary
				for the success of the site; (xiii) the schedule for compensatory mitigation
				site construction; and (xiv) measures for the control of undesirable
				species.
b. If
				permittee-responsible compensation is proposed for stream impacts, a conceptual
				stream compensatory mitigation plan must be submitted in order for an
				application to be deemed complete and shall include at a minimum (i) the goals
				and objectives in terms of water quality benefits and replacement of stream
				functions; (ii) a detailed location map including the latitude and longitude to
				the nearest second and the fourth order subbasin, as defined by the hydrologic
				unit boundaries of the National Watershed Boundary Dataset, at the center of
				the site; (iii) a description of the surrounding land use; (iv) the proposed
				stream segment restoration locations including plan view and cross-sectional
				drawings; (v) the stream deficiencies that need to be addressed; (vi) data
				obtained from a DEQ-approved, stream impact assessment methodology such as the
				Unified Stream Methodology; (vii) the proposed restoration measures to be
				employed including channel measurements, proposed design flows, types of
				instream structures, and conceptual planting scheme; (viii) reference stream
				data, if available; (ix) inclusion of buffer areas; (x) schedule for
				restoration activities; and (xi) measures for the control of undesirable
				species.
c. For any
				permittee-responsible compensatory mitigation, the conceptual compensatory
				mitigation plan shall also include a draft of the intended protective mechanism
				or mechanisms, in accordance with
				9VAC25-210-116 B2,
				such as, but not limited to, a conservation easement held by a third party in
				accordance with the Virginia Conservation Easement Act (§ 10.1-1009 et
				seq. of the Code of Virginia) or the Virginia Open-Space Land Act (§
				10.1-1700 et seq. of the Code of Virginia), a duly recorded declaration of
				restrictive covenants, or other protective instrument. The draft intended
				protective mechanism shall contain the information in subdivisions c (1), c
				(2), and c (3) of this subdivision 13 or in lieu thereof shall describe the
				intended protective mechanism or mechanisms that contains the information
				required below:
(1) A provision for access to
				the site;
(2) The following minimum
				restrictions: no ditching, land clearing, or discharge of dredge or fill
				material, and no activity in the area designated as compensatory mitigation
				area with the exception of maintenance; corrective action measures; or
				DEQ-approved activities described in the approved final compensatory mitigation
				plan or long-term management plan; and
(3) A long-term management plan that
				identifies a long-term steward and adequate financial assurances for long-term
				management in accordance with the current standard for mitigation banks and
				in-lieu fee program sites, except that financial assurances will not be
				necessary for permittee-responsible compensation provided by government
				agencies on government property. If approved by DEQ, permittee-responsible
				compensation on government property and long-term protection may be provided
				through federal facility management plans, integrated natural resources
				management plans, or other alternate management plans submitted by a government
				agency or public authority.
d. Any compensatory mitigation plan proposing
				the purchase of mitigation bank or in-lieu fee program credits shall include
				the number and type of credits proposed to be purchased, documentation from the
				approved bank or in-lieu fee program sponsor of the availability of credits at
				the time of application, and all information required by § 62.1-44.15:23
				of the Code of Virginia.
14. Permit application fee. The applicant
				will be notified by the department as to the appropriate fee for the project in
				accordance with 9VAC25-20.
15. A
				written description and a graphical depiction identifying all upland areas
				including buffers, wetlands, open water, other surface waters, and compensatory
				mitigation areas located within the proposed project boundary or
				permittee-responsible compensatory mitigation areas that are under a deed
				restriction, conservation easement, restrictive covenant, or other land use
				protective instrument (i.e., protected areas). Such description and a graphical
				depiction shall include the nature of the prohibited activities within the
				protected areas and the limits of Chesapeake Bay Resource Protection Areas
				(RPAs) as field-verified by the applicant, and if available, the limits as
				approved by the locality in which the project site is located, unless the
				proposed use is exempt from the Chesapeake Bay Preservation Area Designation
				and Management Regulations (9VAC25-830), as additional state or local
				requirements may apply if the project is located within an RPA.
16. Signature page that has been signed,
				dated, and certified by the applicant in accordance with
				9VAC25-210-100.
				If the applicant is a business or other organization, the signature must be
				made by an individual with the authority to bind the business or organization,
				and the title of the signatory must be provided. The application signature
				page, either on the copy submitted to the Virginia Marine Resources Commission
				or to DEQ, must have an original signature. Electronic submittals containing
				the original signature page, such as that contained in a scanned document file,
				are acceptable.