Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 660 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-660-80 - Notice of planned changes; modifications to coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permittee
				shall notify the department in advance of a planned change, and an application
				or request for modification to coverage shall be reviewed according to all
				provisions of this chapter. Coverage shall not be modified if (i) the
				cumulative total of permanent and temporary impacts for a single and complete
				project equals or exceeds one-half acre of nontidal wetlands or open water or
				exceeds 300 linear feet of nontidal stream bed or (ii) the criteria in
				subsection B of this section are not met. The applicant may submit a new permit
				application for consideration under a VWP individual permit.
B. VWP general permit coverage may be
				modified subsequent to issuance under the following circumstances:
1. Additional impacts to surface waters are
				necessary, provided that:
a. The additional
				impacts are proposed prior to impacting those additional areas.
b. The proposed additional impacts are
				located within the project boundary as depicted in the application for coverage
				or are located in areas of directly-related off-site work, unless otherwise
				prohibited by this chapter.
c. The
				permittee has provided sufficient documentation that the department may
				reasonably determine that the additional impacts will not impact federal or
				state listed threatened or endangered species or designated critical habitat,
				or result in a taking of threatened or endangered species. The department
				recommends that the permittee verify that the project will not impact any
				proposed threatened or endangered species or proposed critical
				habitat.
d. The cumulative,
				additional permanent wetland or open water impacts for one or more notices of
				planned change do not exceed 0.25 acre.
e. The cumulative, additional permanent
				stream impacts for one or more notices of planned change do not exceed 100
				linear feet.
f. Documentation is
				provided demonstrating that the proposed surface water impacts have been
				avoided to the maximum extent practicable in accordance with the informational
				requirements of
				9VAC25-660-60
				B11.
g. Compensatory mitigation for
				the proposed impacts, if required, meets the requirements of §
				62.1-44.15:23 of the Code of Virginia,
				9VAC25-660-70, and
				the associated provisions of
				9VAC25-210-116.
				Prior to a planned change approval, the Department of Environmental Quality may
				require submission of a compensatory mitigation plan for the additional
				impacts.
h. Where such additional
				impacts are temporary, and prior to initiating the impacts, the permittee
				provides a written statement to the department that the area to be temporarily
				impacted will be restored to its preconstruction elevations and contours with
				topsoil from the impact area where practicable, such that the previous acreage
				and functions are restored in accordance with Part IA3 and B11 of
				9VAC25-660-100.
				The additional temporary impacts shall not cause the cumulative total impacts
				to exceed the general permit threshold for use. The proposed temporary impacts
				shall be deemed approved if DEQ does not respond within 10 days of receipt of
				the request for authorization to temporarily impact additional surface
				waters.
i. The additional proposed
				impacts do not change the category of the project, based on the original impact
				amounts as specified in
				9VAC25-660-50 A2.
				However, the applicant may submit a new permit application for the total
				impacts to be considered under this VWP general permit, another VWP general
				permit, or a VWP individual permit.