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 9VAC25-210-320 - Preapplication procedures for new or expanded surface water withdrawals

Current through Register Vol. 40, No. 24, July 15, 2024
A. Preapplication
				  review panel. At the request of a potential applicant for a surface water
				  withdrawal proposing to the Department of Environmental Quality to withdraw 90
				  million gallons a month or greater, a preapplication review panel shall be
				  convened prior to submission of a VWP application. The preapplication review
				  panel shall assist potential applicants that are proposing surface water
				  withdrawals with the early identification of issues related to the protection
				  of beneficial instream and offstream uses of state waters and the
				  identification of the affected stream reach. DEQ shall notify the Virginia
				  Marine Resources Commission, the Virginia Institute of Marine Science, the
				  Virginia Department of Wildlife Resources, the Virginia Department of
				  Conservation and Recreation, the Virginia Department of Health, the U.S. Army
				  Corps of Engineers, the U.S. Fish and Wildlife Service, the U.S. Environmental
				  Protection Agency, and other appropriate local, state, and federal agencies of
				  the preapplication review panel request. These agencies shall participate to
				  the extent practicable in the preapplication review panel by providing
				  information and guidance on the potential natural resource impacts and
				  regulatory implications of the options being considered by the applicant and
				  shall provide comments within 60 days of the initial meeting of the
				  preapplication panel.
B.
				  Preapplication public notice. For new or expanded surface water withdrawals
				  requiring an individual VWP permit and proposing to withdraw 90 million gallons
				  a month or greater, a potential applicant shall provide information on the
				  project, shall provide an opportunity for public comment on the proposed
				  project, and shall assist in identifying public concerns or issues prior to
				  filing a VWP individual permit application.
1. Except as provided in this subsection, the
				  potential applicant shall provide for publication of notice once a week for two
				  consecutive weeks in a newspaper of general circulation serving the locality
				  where the surface water withdrawal is proposed to be located.
2. If requested by any person, the potential
				  applicant shall hold at least one public information meeting. Notice of any
				  public information meeting held pursuant to this subsection shall be provided
				  at least 14 days prior to the public information meeting date and shall be
				  published in the same manner as required in subdivision 1 of this subsection. A
				  potential applicant shall submit the notice to DEQ for posting on the DEQ
				  website. At a minimum, any notice required by this subsection shall include:
a. A statement of the potential applicant's
				  intent to apply for a VWP permit for a surface water withdrawal;
b. The proposed location of the surface water
				  withdrawal;
c. Information on how
				  the public may request a public information meeting or, in the alternative, the
				  date, time, and location of the public information meeting;
d. The name, address, and telephone number of
				  the potential applicant, or an authorized representative who can answer
				  questions or receive comments on the proposed surface water withdrawal;
				  and
e. A statement of how oral or
				  written public comments will be used.
3. In accordance with the provisions of
				  9VAC25-780-50
				  C 11 and
				  9VAC25-780-150,
				  a potential applicant shall not be required to publish public notice or provide
				  an opportunity for a public information meeting if a public meeting has been
				  held within two years prior to the submittal of an application for a VWP permit
				  on a local or regional water supply plan, which includes the proposed
				  project.
4. The potential applicant
				  shall maintain a list of persons making comment and their addresses and shall
				  make a good faith effort to notify commenters at the address provided by the
				  commenter when the public notice for the draft VWP individual permit is
				  available.