Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-60 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant
				shall file a complete application in accordance with
				9VAC25-660-50 and
				this section for coverage under this VWP general permit for impacts to nontidal
				wetlands or open water of less than one-half acre and up to 300 linear feet of
				nontidal stream bed.
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:
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 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. 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 10a, 10b, and 10c 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.
11. 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.
12. A compensatory
				mitigation plan to achieve no net loss of wetland acreage and functions or
				stream functions and water quality benefits. 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.
13. A copy of the FEMA flood insurance rate
				map or FEMA-approved local floodplain map depicting any 100-year
				floodplains.
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 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.