Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part II - VWP Permit Application and Development › Section 9VAC25-210-80 - Application for a VWP permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application
				  for a VWP Permit. Any person who is required to obtain a VWP permit, except
				  those persons applying for an emergency VWP permit for a public water supply
				  emergency, shall submit a complete VWP permit application to the Department of
				  Environmental Quality through the most current Joint Permit Application
				  procedures established within each type of Joint Permit Application. The
				  Virginia Department of Transportation (VDOT) may use its Interagency
				  Coordination Meeting (IACM) process for submitting JPAs. There shall be no
				  commencement of any activity subject to this chapter prior to the issuance of a
				  VWP permit or granting VWP general permit coverage.
B. Informational requirements for all VWP
				  individual permit applications are identified in this subsection with the
				  exception of applications for emergency VWP permits to address a public water
				  supply emergency, for which the information required in
				  9VAC25-210-340
				  C shall be submitted. In addition to the information in this subsection,
				  applications involving a surface water withdrawal or a Federal Energy
				  Regulatory Commission (FERC) license or relicense associated with a surface
				  water withdrawal shall also submit the information required in
				  9VAC25-210-340
				  B.
1. A complete application for a VWP
				  individual permit, at a minimum, consists of the following information, if
				  applicable to the project:
a. The applicant's
				  legal name, mailing address, telephone number, and if applicable, electronic
				  mail address and fax number.
b. If
				  different from applicant, legal name, mailing address, telephone number, and if
				  applicable, electronic mail address and fax number of property owner.
c. If applicable, the authorized agent's
				  name, mailing address, telephone number, and if applicable, fax number and
				  electronic mail address.
d. Project
				  name and proposed project schedule. This schedule will be used to determine the
				  VWP permit term.
e. The following
				  information for the project site location, and any related
				  permittee-responsible compensatory mitigation site:
(1) 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.
(2) Name of the impacted water body or water
				  bodies, or receiving waters, as applicable, at the site or sites.
(3) The latitude and longitude to the nearest
				  second at the center of the site or sites.
(4) The fourth order subbasin, as defined by
				  the hydrologic unit boundaries of the National Watershed Boundary Dataset, for
				  the site or sites.
(5) A detailed
				  map depicting the location of the site or sites, including the project boundary
				  and 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.
f. A narrative description of the project,
				  including project purpose and need.
g. An alternatives analysis for the proposed
				  project detailing the specific on-site and off-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 and off-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.
h. 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:
(1)
				  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.
(2) 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.
(3)
				  Open water impacts identified according to type; 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.
(4) 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.
(5) 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 1h(1), 1h(2), and 1h(3)
				  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.
i. Plan view drawing or drawings of the
				  project site sufficient to assess the project, including at a minimum the
				  following:
(1) North arrow, graphic scale,
				  and existing and proposed topographic or bathymetric contours.
(2) Limits of proposed impacts to surface
				  waters.
(3) Location of all
				  existing and proposed structures.
(4) 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;
				  ordinary high water mark in nontidal areas; tidal wetlands boundary; and mean
				  low water and mean high water lines in tidal areas.
(5) 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).
(6) 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).
j. Cross-sectional and profile drawing or
				  drawings. Cross-sectional drawing or drawings of each proposed impact area
				  includes 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, tidal
				  wetland boundary, mean low water and mean high water lines in tidal 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 the proposed
				  impact.
k. 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.
l. An assessment of
				  potential impacts to federal and state listed threatened or endangered species,
				  including any correspondence or documentation from federal or state resource
				  agencies addressing potential impacts to listed species.
m. A compensatory mitigation plan to achieve
				  no net loss of wetland acreage and functions or stream functions and water
				  quality benefits.
(1) If permittee-responsible
				  compensation is proposed for wetland impacts, a conceptual wetland compensatory
				  mitigation plan shall 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 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.
(2) If
				  permittee-responsible compensation is proposed for stream impacts, a conceptual
				  stream compensatory mitigation plan shall 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-section
				  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.
(3) 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 (a), (b),
				  and (c) of this subdivision B1m(3) or in lieu thereof shall describe the
				  intended protective mechanism or mechanisms that contain or contains the
				  information required as follows:
(a) A
				  provision for access to the site;
(b) 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
(c)
				  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.
(4) 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 § 62.2-44.15:23 of the Code of Virginia.
n. 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.
o. 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.
p. Permit
				  application fee. The applicant will be notified by the department as to the
				  appropriate fee for the project in accordance with 9VAC25-20. The department
				  will continue to process the application, but the fee must be received prior to
				  release of a draft VWP permit.