Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 210 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Surface Water Withdrawals › Section 9VAC25-210-340 - Application requirements for surface water withdrawals

Current through Register Vol. 40, No. 24, July 15, 2024
A. Persons
				  proposing to initiate a new or expanded surface water withdrawal not excluded
				  from requirements of this chapter by
				  9VAC25-210-310,
				  proposing to reapply for a current permitted withdrawal, or a Federal Energy
				  Regulatory Commission (FERC) license or relicense associated with a surface
				  water withdrawal, shall apply for a VWP permit.
B. In addition to informational requirements
				  of
				  9VAC25-210-80
				  B and if applicable,
				  9VAC25-210-80
				  C, applications for surface water withdrawals or a FERC license or relicense
				  associated with a surface water withdrawal shall include:
1. As part of identifying the project
				  purpose, a narrative describing the water supply issues that form the basis of
				  the proposed project purpose.
2.
				  The drainage area, the average annual flow and the median monthly flows at the
				  withdrawal point, and historical low flows, if available.
3. The average daily withdrawal; the maximum
				  daily, monthly, annual, and instantaneous withdrawals; and information on the
				  variability of the demand by season. If the project has multiple intake
				  structures, provide for each individual intake structure and the cumulative
				  volumes for the entire surface water withdrawal system.
4. The monthly consumptive use volume in
				  million gallons and the average daily return flow in million gallons per day of
				  the proposed project and the location of the return flow, including the
				  latitude and longitude and the drainage area in square miles at the discharge
				  point.
5. Information on flow
				  dependent beneficial uses along the affected stream reach. For projects that
				  propose a transfer of water resources from a major river basin to another major
				  river basin, this analysis should include both the source and receiving basins.
a. Evaluation of the flow dependent instream
				  and offstream beneficial uses. Instream beneficial uses include, but are not
				  limited to, the protection of fish and wildlife habitat, maintenance of waste
				  assimilation, recreation, navigation, and cultural and aesthetic values.
				  Offstream beneficial uses include, but are not limited to, domestic (including
				  public water supply), agricultural, electric power generation, and commercial
				  and industrial uses.
b. The aquatic
				  life, including species and habitat requirements.
c. How the proposed withdrawal will alter
				  flows.
6. Information on
				  the proposed use of and need for the surface water and information on how
				  demand for surface water was determined (e.g., per capita use, population
				  growth rates, new uses, changes to service areas, and if applicable, acreage
				  irrigated and evapotranspiration effects). If during the water supply planning
				  process, the need for the withdrawal was established, the applicant may submit
				  the planning process information, provided that the submittal addresses all
				  requirements of
				  9VAC25-210-360.
				  The department shall deem such a submittal as meeting the requirements of this
				  subsection. For surface water withdrawals for public water supply, see also
				  9VAC25-780-100
				  and
				  9VAC25-780-130.
7. Information describing the intake
				  structure, to include intake screen mesh size and intake velocity.
8. For withdrawals proposed from an
				  impoundment, the following:
a. Description of
				  the flow or release control structures, including the minimum rate of flow, in
				  cubic feet per second, size and capacity of the structure, and the mechanism to
				  control the release.
b. Surface
				  area in acres, maximum depth in feet, normal pool elevation, total storage
				  capacity, and unusable storage volume in acre-feet.
c. The stage-storage relationship. For
				  example, the volume of water in the impoundment at varying stages of water
				  depth.
9. Whether the
				  proposed surface water withdrawal is addressed in the water supply plan that
				  covers the area in which the withdrawal is proposed to be located. If the
				  proposed withdrawal is included, provide a discussion as to how the proposed
				  withdrawal is addressed in the water supply plan, specifically in terms of
				  projected demand, analysis of alternatives, and water conservation measures. If
				  all or a portion of the withdrawn water will be transferred to an area not
				  covered by the plan, the discussion shall also include the water supply plan
				  for the area of the receiving watershed.
10. An alternatives analysis for the proposed
				  surface water withdrawal, including at a minimum, the criteria in
				  9VAC25-210-360.
11. For new or expanded surface water
				  withdrawals proposing to withdraw 90 million gallons a month or greater, a
				  summary of the steps taken to seek public input as required by
				  9VAC25-210-320
				  and an identification of the issues raised during the course of the public
				  information meeting process.
12.
				  For new or expanded surface water withdrawals that involve a transfer of water
				  between major river basins that may impact a river basin in another state, a
				  plan describing procedures to notify potentially affected persons, both in and
				  outside of Virginia, of the proposed project.
13. For surface water withdrawals, other than
				  for public water supply, information to demonstrate that alternate sources of
				  water supply are available to support the operation of the facility during
				  times of reduced instream flow.