Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-40 - 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 nonlinear features commonly associated
				with transportation projects, such as, but not limited to, vehicle maintenance
				or storage buildings, parking lots, train stations, or aircraft
				hangars.
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 or 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. Any activity in surface waters 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.
12. 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).
13. Any activity in tidal
				waters.