reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-70 - Compensation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compensatory
				mitigation may be required for permanent, nontidal surface water impacts as
				specified in
				9VAC25-670-50 A. All
				temporary, nontidal surface water impacts shall be restored to preexisting
				conditions in accordance with
				9VAC25-670-100.
B. Compensatory mitigation and any
				compensatory mitigation proposals shall be in accordance with this section,
				§
									62.1-44.15:23
				of the Code of Virginia, and
				9VAC25-210-116.
C. When required, compensatory mitigation for
				unavoidable permanent wetland impacts shall be provided at the following
				minimum mitigation ratios:
1. Impacts to
				forested wetlands shall be mitigated at 2:1, as calculated on an area
				basis.
2. Impacts to scrub-shrub
				wetlands shall be mitigated at 1.5:1, as calculated on an area basis.
3. Impacts to emergent wetlands shall be
				mitigated at 1:1, as calculated on an area basis.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-95

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-670-100 - VWP general permit

Current through Register Vol. 40, No. 24, July 15, 2024
VWP GENERAL PERMIT NO. WP2 FOR FACILITIES AND ACTIVITIES OF
				  UTILITIES AND PUBLIC SERVICE COMPANIES REGULATED BY THE FEDERAL ENERGY
				  REGULATORY COMMISSION OR THE STATE CORPORATION COMMISSION AND OTHER UTILITY
				  LINE ACTIVITIES UNDER THE VIRGINIA WATER PROTECTION PERMIT AND THE VIRGINIA
				  STATE WATER CONTROL LAW
Effective date: August 2, 2016
Expiration date: August 1, 2026
In compliance with § 401 of the Clean Water Act, as
				  amended (33 USC §
										1341) and the State Water Control Law and
				  regulations adopted pursuant thereto, the board has determined that there is a
				  reasonable assurance that this VWP general permit, if complied with, will
				  protect instream beneficial uses, will not violate applicable water quality
				  standards, and will not cause or contribute to a significant impairment of
				  surface waters or fish and wildlife resources. In issuing this VWP general
				  permit, the board has not taken into consideration the structural stability of
				  any proposed activities.
The permanent or temporary impact of up to one acre of
				  nontidal wetlands or open water and up to 1,500 linear feet of nontidal stream
				  bed shall be subject to the provisions of the VWP general permit set forth
				  herein; any requirements in coverage granted under this VWP general permit; the
				  Clean Water Act, as amended; and the State Water Control Law and regulations
				  adopted pursuant to it.
Part I.
Special Conditions.
A. Authorized activities.
1. The activities authorized by this chapter
				shall not cause more than the permanent or temporary impacts of up to one acre
				of nontidal wetlands or open water and up to 1,500 linear feet of nontidal
				stream bed. Additional permit requirements as stipulated by the department in
				the coverage letter, if any, shall be enforceable conditions of this
				permit.
2. Any changes to the
				authorized permanent impacts to surface waters shall require a notice of
				planned change in accordance with
				9VAC25-670-80. An application or
				request for modification to coverage or another VWP permit application may be
				required.
3. Any changes to the
				authorized temporary impacts to surface waters shall require written
				notification to and approval from the Department of Environmental Quality in
				accordance with
				9VAC25-670-80 prior to initiating
				the impacts and restoration to preexisting conditions in accordance with the
				conditions of this permit.
4.
				Modification to compensation requirements may be approved at the request of the
				permittee when a decrease in the amount of authorized surface waters impacts
				occurs, provided that the adjusted compensation meets the initial compensation
				goals.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Form - FORMS (9VAC25-670)

Current through Register Vol. 40, No. 24, July 15, 2024
Department
				  of Environmental Quality Water Division Permit Application Fee Form, Form 5
				  (rev. 10/2018)
Standard
				  Joint Permit Application for Projects in Waters and Wetlands of the
				  Commonwealth of Virginia (rev. 9/2018)
Virginia
				  Department of Transportation, Inter-Agency Coordination Meeting Joint Permit
				  Application (eff. 6/2008)
Monthly
				  Reporting of Impacts Less than or Equal to One-Tenth Acre Statewide (eff.
				  8/2007)
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 670 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-670)

Current through Register Vol. 40, No. 24, July 15, 2024
Classification
				  of Wetlands and Deepwater Habitats of the United States, Cowardin, Lewis M. II,
				  et al., United States Fish and Wildlife Service, December 1979, Reprinted
				  1992
Guidelines for Specification of Disposal Sites for Dredged or
				  Fill Material, 40 CFR Part 230
Virginia Erosion and Sediment Control Handbook, Third
				  Edition, 1992, Department of Conservation and Recreation
Virginia
				  Invasive Plant Species List, Natural Heritage Technical Document 14-11,
				  Department of Conservation and Recreation, Division of Natural Heritage
				  (2014)
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-15 - Statewide information requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The department may request (i) such plans, specifications,
				  and other pertinent information as may be necessary to determine the effect of
				  an applicant's discharge on the quality of state waters or (ii) such other
				  information as may be necessary to accomplish the purposes of this chapter. Any
				  owner, permittee, or person applying for a VWP permit or general permit
				  coverage shall provide the information requested by the
				  department.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act
					 (33 USC §
												1251 et
					 seq.)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish VWP General
				  Permit Number WP3 under 9VAC25-210 to govern permanent and temporary impacts
				  related to the construction and maintenance of Virginia Department of
				  Transportation (VDOT) or other linear transportation projects. Applications for
				  coverage under this VWP general permit shall be processed for approval,
				  approval with conditions, or denial by the department. Coverage, coverage with
				  conditions, or application denial by the department shall constitute the VWP
				  general permit action and shall follow all provisions in the State Water
				  Control Law (§ 62.1-44.2 et seq. of the Code of Virginia), except for the
				  public comment and participation provisions, from which each VWP general permit
				  action is exempt.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act
					 (33 USC §
												1251 et
					 seq.)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-25 - Authorization for coverage under VWP general permit effective August 1, 2006

Current through Register Vol. 40, No. 24, July 15, 2024
A. All complete
				applications or notifications received by the department through 11:59 p.m. on
				August 1, 2016, shall be processed in accordance with the VWP general permit
				regulation in effect August 1, 2006, through August 1, 2016. If the application
				or notification is incomplete or if there is not adequate time as allowed by
				§ 62.1-44.15:21 of the Code of Virginia to make a completeness
				determination, the applicant shall reapply for coverage under the VWP general
				permit effective August 2, 2016, or apply for a VWP individual permit,
				including payment of any required permit application fee. No refund of permit
				application fees shall be made.
B.
				VWP general permit authorizations granted through 11:59 p.m. on August 1, 2016,
				shall remain in full force and effect until 11:59 p.m. on the expiration date
				stated on the VWP authorization cover page, unless otherwise revoked or
				terminated or unless a notice of project completion is received by the
				department on or before that date. Any permittee that desires to continue an
				authorized activity beyond the stated expiration date must reapply for coverage
				under the VWP general permit effective August 2, 2016, pursuant to its terms,
				standards, and conditions, or apply for a VWP individual permit, including
				payment of any required permit application fee. This section shall only apply
				to permittees holding valid authorizations for coverage granted under the VWP
				general permit effective August 1, 2006, through August 1, 2016.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act
					 (33 USC §
												1251 et
					 seq.)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-27 - VWP general permit coverage; transition; continuation

Current through Register Vol. 40, No. 24, July 15, 2024
A. All applications
				or notifications received on or after August 2, 2016, will be processed in
				accordance with the VWP general permit regulation effective August 2,
				2016.
B. The general permit in
				9VAC25-680-100
				is effective August 2, 2016, and expires August 1, 2026. Any coverage that is
				granted pursuant to
				9VAC25-680-30
				shall remain in full force and effect until 11:59 p.m. on August 1, 2026,
				unless the general permit coverage is terminated or revoked on or before this
				date. Where a permittee that has received general permit coverage desires to
				continue or complete the authorized activities beyond August 1, 2026, the
				permittee shall reapply for new general permit coverage or for a VWP individual
				permit, including payment of any required permit application fee. Activities in
				surface waters requiring a permit shall not commence or continue until VWP
				general permit coverage is granted or a VWP individual permit is issued by the
				department.
C. Application may be
				made at any time for a VWP individual permit in accordance with 9VAC25-210.
				Activities in surface waters requiring a permit shall not commence or continue
				until VWP general permit coverage is granted or a VWP individual permit is
				issued by the department.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act
					 (33 USC §
												1251 et
					 seq.)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-30 - Authorization to impact surface waters

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				granted coverage under the VWP general permit effective August 2, 2016, may
				permanently or temporarily impact up to two acres of nontidal wetlands or open
				water and up to 1,500 linear feet of nontidal stream bed for linear
				transportation projects, provided that:
1.
				The applicant submits notification as required in
				9VAC25-680-50 and
				9VAC25-680-60.
2. The applicant remits any required permit
				application fee.
3. The applicant
				receives general permit coverage from the Department of Environmental Quality
				and complies with the limitations and other requirements of the VWP general
				permit; the general permit coverage letter; the Clean Water Act, as amended;
				and the State Water Control Law and attendant regulations.
4. The applicant has not been required to
				obtain a VWP individual permit under 9VAC25-210 for the proposed project
				impacts. The applicant, at his discretion, may seek a VWP individual permit or
				coverage under another applicable VWP general permit in lieu of coverage under
				this VWP general permit.
5.
				Impacts, both temporary and permanent, result from a single and complete
				project, including all attendant features.
a.
				Where a road segment (e.g., the shortest segment of a road with independent
				utility that is part of a larger project) has multiple crossings of state
				waters (several single and complete projects), the department may at its
				discretion require a VWP individual permit.
b. For the purposes of this chapter, when an
				interchange has multiple crossings of state waters, the entire interchange
				shall be considered the single and complete project.
6. The stream impact criterion applies to all
				components of the project, including structures and stream channel
				manipulations.
7. Dredging does not
				exceed 5,000 cubic yards.
8. When
				required, compensation for unavoidable impacts is provided in accordance with
				§ 62.1-44.15:23 of the Code of Virginia,
				9VAC25-680-70, and
				9VAC25-210-116.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-35 - Administrative continuance

Current through Register Vol. 40, No. 24, July 15, 2024
Beginning on August 2, 2016, in any case where an existing
				  permittee has submitted a timely and complete notification or application for
				  coverage under the next consecutive VWP general permit in accordance with
				  9VAC25-680-50 and
				  9VAC25-680-60 and the board,
				  through no fault of the permittee, does not issue the next consecutive VWP
				  general permit with an effective date on or before the expiration date of the
				  expiring VWP general permit, the conditions of that expiring VWP general permit
				  and any requirements of coverage granted under it shall continue in force until
				  the effective date of the next consecutive VWP general
				  permit.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-50 - Notification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Notification to
				the department will be required prior to commencing construction, as follows:
1. When the Virginia Department of
				Transportation is the applicant for coverage under this VWP general permit, the
				notification requirements shall be in accordance with this section and
				9VAC25-680-60, unless
				otherwise authorized by the Department of Environmental Quality.
2. An application for coverage for proposed,
				permanent nontidal wetland or open water impacts greater than one-tenth acre or
				for proposed permanent nontidal stream bed impacts greater than 300 linear feet
				shall include all information pursuant to
				9VAC25-680-60 B.
				Compensatory mitigation may be required for all permanent impacts.
3. An application for coverage for proposed,
				permanent nontidal wetland or open water impacts up to one-tenth acre or for
				proposed, permanent nontidal stream bed impacts up to 300 linear feet shall be
				submitted in accordance with either subdivision 3a or 3b of this subsection:
a. For any proposed project in wetlands, open
				water, streams, or compensatory mitigation sites that are under a deed
				restriction, conservation easement, declaration of restrictive covenant, or
				other land use protective instrument (hereafter "protected areas"), when such
				restriction, easement, covenant, or instrument is the result of a federal or
				state permit action and is specific to activities in wetlands and compensatory
				mitigation sites, the application shall include all of the information required
				by
				9VAC25-680-60 B.
				Compensatory mitigation may be required for all permanent impacts.
b. For all other projects, the application
				shall include the information required by subdivisions 1 through 7, 11, 12, 15,
				and 16 of
				9VAC25-680-60 B and
				documentation that verifies the quantity and type of impacts. Compensatory
				mitigation may be required for all permanent impacts once the notification
				limits of one-tenth acre wetlands or open water, or 300 linear feet of stream
				bed, are exceeded, and if required, the application shall include the
				information in
				9VAC25-680-60
				B13.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-60 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applications
				shall be filed with the department as follows:
1. The applicant shall file a complete
				application in accordance with
				9VAC25-680-50 and
				this section for coverage under this VWP general permit for impacts to surface
				waters from linear transportation projects.
2. The VDOT may use its monthly IACM process
				for submitting applications.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-70 - Compensation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compensatory
				mitigation may be required for permanent, nontidal surface water impacts as
				specified in
				9VAC25-680-50 A. All
				temporary, nontidal surface water impacts shall be restored to preexisting
				conditions in accordance with
				9VAC25-680-100.
B. Compensatory mitigation and any
				compensatory mitigation proposals shall be in accordance with this section,
				§
									62.1-44.15:23
				of the Code of Virginia, and
				9VAC25-210-116.
C. When required, compensatory mitigation for
				unavoidable, permanent wetland impacts shall be provided at the following
				minimum mitigation ratios:
1. Impacts to
				forested wetlands shall be mitigated at 2:1, as calculated on an area
				basis.
2. Impacts to scrub-shrub
				wetlands shall be mitigated at 1.5:1, as calculated on an area basis.
3. Impacts to emergent wetlands shall be
				mitigated at 1:1, as calculated on an area basis.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-95

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-680-100 - VWP general permit

Current through Register Vol. 40, No. 24, July 15, 2024
VWP GENERAL PERMIT NO. WP3 FOR LINEAR TRANSPORTATION PROJECTS
				  UNDER THE VIRGINIA WATER PROTECTION PERMIT AND THE VIRGINIA STATE WATER CONTROL
				  LAW
Effective date: August 2, 2016
Expiration date: August 1, 2026
In compliance with § 401 of the Clean Water Act, as
				  amended (33 USC §
										1341) and the State Water Control Law and
				  regulations adopted pursuant thereto, the board has determined that there is a
				  reasonable assurance that this VWP general permit, if complied with, will
				  protect instream beneficial uses, will not violate applicable water quality
				  standards, and will not cause or contribute to a significant impairment of
				  state waters or fish and wildlife resources. In issuing this VWP general
				  permit, the board has not taken into consideration the structural stability of
				  any proposed activities.
The permanent or temporary impact of up to two acres of
				  nontidal wetlands or open water and up to 1,500 linear feet of nontidal stream
				  bed shall be subject to the provisions of the VWP general permit set forth
				  herein; any requirements in coverage granted under this VWP general permit; the
				  Clean Water Act, as amended; and the State Water Control Law and regulations
				  adopted pursuant to it.
Part I.
Special Conditions.
A. Authorized activities.
1. The activities authorized by this chapter
				shall not cause more than the permanent or temporary impacts of up to two acres
				of nontidal wetlands or open water and up to 1,500 linear feet of nontidal
				stream bed. Additional permit requirements as stipulated by the department in
				the coverage letter, if any, shall be enforceable conditions of this
				permit.
2. Any changes to the
				authorized permanent impacts to surface waters shall require a notice of
				planned change in accordance with
				9VAC25-680-80. An application or
				request for modification to coverage or another VWP permit application may be
				required.
3. Any changes to the
				authorized temporary impacts to surface waters shall require written
				notification to and approval from the Department of Environmental Quality in
				accordance with
				9VAC25-680-80 prior to initiating
				the impacts and restoration to preexisting conditions in accordance with the
				conditions of this permit.
4.
				Modification to compensation requirements may be approved at the request of the
				permittee when a decrease in the amount of authorized surface waters impacts
				occurs, provided that the adjusted compensation meets the initial compensation
				goals.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Form - FORMS (9VAC25-680)

Current through Register Vol. 40, No. 24, July 15, 2024
Department
				  of Environmental Quality Water Division Permit Application Fee Form, Form 5
				  (rev. 10/2018)
Standard
				  Joint Permit Application for Projects in Waters and Wetlands of the
				  Commonwealth of Virginia (rev. 9/2018)
Virginia
				  Department of Transportation, Inter-Agency Coordination Meeting Joint Permit
				  Application (eff. 6/2008)
Monthly
				  Reporting of Impacts Less than or Equal to One-Tenth Acre Statewide (eff.
				  8/2007)
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 680 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-680)

Current through Register Vol. 40, No. 24, July 15, 2024
Classification
				  of Wetlands and Deepwater Habitats of the United States, Cowardin, Lewis M. II,
				  et al., United States Fish and Wildlife Service, December 1979, Reprinted
				  1992
Guidelines for Specification of Disposal Sites for Dredged or
				  Fill Material, 40 CFR Part 230
Virginia Erosion and Sediment Control Handbook, Third
				  Edition, 1992, Department of Conservation and Recreation
Virginia
				  Invasive Plant Species List, Natural Heritage Technical Document 14-11,
				  Department of Conservation and Recreation, Division of Natural Heritage
				  (2014)
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-15 - Statewide information requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The department may request (i) such plans, specifications,
				  and other pertinent information as may be necessary to determine the effect of
				  an applicant's discharge on the quality of state waters or (ii) such other
				  information as may be necessary to accomplish the purposes of this chapter. Any
				  owner, permittee, or person applying for a VWP permit or general permit
				  coverage shall provide the information requested by the
				  department.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish VWP General
				  Permit Number WP4 under 9VAC25-210 to govern permanent and temporary impacts
				  related to the construction and maintenance of development activities and to
				  activities directly associated with aggregate mining (e.g., sand, gravel, and
				  crushed or broken stone); hard rock/mineral mining (e.g., metalliferous ores);
				  and surface coal, natural gas, and coalbed methane gas mining, as authorized by
				  the Virginia Department of Energy. Applications for coverage under this VWP
				  general permit shall be processed for approval, approval with conditions, or
				  denial by the department. Coverage, coverage with conditions, or application
				  denial by the department shall constitute the VWP general permit action and
				  shall follow all provisions in the State Water Control Law (§ 62.1-44.2 et
				  seq. of the Code of Virginia), except for the public comment and participation
				  provisions, from which each VWP general permit action is exempt.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-25 - Authorization for coverage under VWP general permit effective August 1, 2006

Current through Register Vol. 40, No. 24, July 15, 2024
A. All complete
				applications or notifications received by the department through 11:59 p.m. on
				August 1, 2016, shall be processed in accordance with the VWP general permit
				regulation in effect August 1, 2006, through August 1, 2016. If the application
				or notification is incomplete or if there is not adequate time as allowed by
				§ 62.1-44.15:21 of the Code of Virginia to make a completeness
				determination, the applicant shall reapply for coverage under the VWP general
				permit effective August 2, 2016, or apply for a VWP individual permit,
				including payment of any required permit application fee. No refund of permit
				application fees shall be made.
B.
				VWP general permit authorizations granted through 11:59 p.m. on August 1, 2016,
				shall remain in full force and effect until 11:59 p.m. on the expiration date
				stated on the VWP authorization cover page, unless otherwise revoked or
				terminated or unless a notice of project completion is received by the
				department on or before that date. Any permittee that desires to continue an
				authorized activity beyond the stated expiration date must reapply for coverage
				under the VWP general permit effective August 2, 2016, pursuant to its terms,
				standards, and conditions, or apply for a VWP individual permit, including
				payment of any required permit application fee. This section shall only apply
				to permittees holding valid authorizations for coverage granted under the VWP
				general permit effective August 1, 2006, through August 1, 2016.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-27 - VWP general permit coverage; transition; continuation

Current through Register Vol. 40, No. 24, July 15, 2024
A. All applications
				or notifications received on or after August 2, 2016, will be processed in
				accordance with the VWP general permit regulation effective August 2,
				2016.
B. The general permit in
				9VAC25-690-100
				is effective August 2, 2016, and expires August 1, 2026. Any coverage that is
				granted pursuant to
				9VAC25-690-30
				shall remain in full force and effect until 11:59 p.m. on August 1, 2026,
				unless the general permit coverage is terminated or revoked on or before this
				date. Where a permittee that has received general permit coverage desires to
				continue or complete the authorized activities beyond August 1, 2026, the
				permittee shall reapply for new general permit coverage or for a VWP individual
				permit, including payment of any required permit application fee. Activities in
				surface waters requiring a permit shall not commence or continue until VWP
				general permit coverage is granted or a VWP individual permit is issued by the
				department.
C. Application may be
				made at any time for a VWP individual permit in accordance with 9VAC25-210.
				Activities in surface waters requiring a permit shall not commence or continue
				until VWP general permit coverage is granted or a VWP individual permit is
				issued by the department.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 401 of the Clean Water Act (33 USC §
												1251 et
					 seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-30 - Authorization to impact surface waters

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				granted coverage under the VWP general permit effective August 2, 2016, may
				permanently or temporarily impact up to two acres of nontidal wetlands or open
				water and up to 1,500 linear feet of nontidal stream bed for general
				development and certain mining activities, provided that:
1. The applicant submits notification as
				required in
				9VAC25-690-50 and
				9VAC25-690-60.
2. The applicant remits any required permit
				application fee.
3. The applicant
				receives general permit coverage from the Department of Environmental Quality
				and complies with the limitations and other requirements of the VWP general
				permit; the general permit coverage letter; the Clean Water Act, as amended;
				and the State Water Control Law and attendant regulations.
4. The applicant has not been required to
				obtain a VWP individual permit under 9VAC25-210 for the proposed project
				impacts. The applicant, at his discretion, may seek a VWP individual permit, or
				coverage under another applicable VWP general permit, in lieu of coverage under
				this VWP general permit.
5.
				Impacts, both temporary and permanent, result from a single and complete
				project including all attendant features.
a.
				Where a road segment (e.g., the shortest segment of a road with independent
				utility that is part of a larger project) has multiple crossings of surface
				waters (several single and complete projects), the department may, at its
				discretion, require a VWP individual permit.
b. For the purposes of this chapter, when an
				interchange has multiple crossings of surface waters, the entire interchange
				shall be considered the single and complete project.
6. The stream impact criterion applies to all
				components of the project, including structures and stream channel
				manipulations.
7. Dredging does not
				exceed 5,000 cubic yards.
8. When
				required, compensation for unavoidable impacts is provided in accordance with
				§ 62.1-44.15:23 of the Code of Virginia,
				9VAC25-690-70, and
				9VAC25-210-116.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-35 - Administrative continuance

Current through Register Vol. 40, No. 24, July 15, 2024
Beginning on August 2, 2016, in any case where an existing
				  permittee has submitted a timely and complete notification or application for
				  coverage under the next consecutive VWP general permit in accordance with
				  9VAC25-690-50 and
				  9VAC25-690-60 and the board,
				  through no fault of the permittee, does not issue the next consecutive VWP
				  general permit with an effective date on or before the expiration date of the
				  expiring VWP general permit, the conditions of that expiring VWP general permit
				  and any requirements of coverage granted under it shall continue in force until
				  the effective date of the next consecutive VWP general
				  permit.
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-50 - Notification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Notification to
				the department will be required prior to commencing construction as follows:
1. An application for coverage for proposed,
				permanent nontidal wetland or open water impacts greater than one-tenth acre or
				for proposed permanent nontidal stream bed impacts greater than 300 linear feet
				shall include all information pursuant to
				9VAC25-690-60 B.
				Compensatory mitigation may be required for all permanent impacts.
2. An application for coverage for proposed,
				permanent nontidal wetland or open water impacts up to one-tenth acre or for
				proposed, permanent nontidal stream bed impacts up to 300 linear feet shall be
				submitted in accordance with either subdivision 2a or 2b of this subsection:
a. For any proposed project in wetlands, open
				water, streams, or compensatory mitigation sites that are under a deed
				restriction, conservation easement, declaration of restrictive covenant, or
				other land use protective instrument (hereafter "protected areas"), when such
				restriction, easement, covenant, or instrument is the result of a federal or
				state permit action and is specific to activities in wetlands and compensatory
				mitigation sites, the application shall include all of the information required
				by
				9VAC25-690-60 B.
				Compensatory mitigation may be required for all permanent impacts.
b. For all other projects, the application
				shall include the information required by subdivisions 1 through 7, 11, 12, 15,
				and 16 of
				9VAC25-690-60 B, and
				documentation that verifies the quantity and type of impacts. Compensatory
				mitigation may be required for all permanent impacts once the notification
				limits of one-tenth acre wetlands or open water, or 300 linear feet of stream
				bed, are exceeded, and if required, the application shall include the
				information in
				9VAC25-690-60
				B13.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-70 - Compensation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compensatory
				mitigation may be required for permanent, nontidal surface water impacts as
				specified in
				9VAC25-690-50 A. All
				temporary, nontidal surface water impacts shall be restored to preexisting
				conditions in accordance with
				9VAC25-690-100.
B. Compensatory mitigation and any
				compensatory mitigation proposals shall be in accordance with this section,
				§
									62.1-44.15:23
				of the Code of Virginia, and
				9VAC25-210-116.
C. When required, compensatory mitigation for
				unavoidable, permanent wetland impacts shall be provided at the following
				minimum mitigation ratios:
1. Impacts to
				forested wetlands shall be mitigated at 2:1, as calculated on an area
				basis.
2. Impacts to scrub-shrub
				wetlands shall be mitigated at 1.5:1, as calculated on an area basis.
3. Impacts to emergent wetlands shall be
				mitigated at 1:1, as calculated on an area basis.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-95

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section 9VAC25-690-100 - VWP general permit

Current through Register Vol. 40, No. 24, July 15, 2024
VWP GENERAL PERMIT NO. WP4 FOR IMPACTS FROM DEVELOPMENT AND
				  CERTAIN MINING ACTIVITIES UNDER THE VIRGINIA WATER PROTECTION PERMIT AND THE
				  VIRGINIA STATE WATER CONTROL LAW
Effective date: August 2, 2016
Expiration date: August 1, 2026
In compliance with § 401 of the Clean Water Act, as
				  amended (33 USC §
										1341) and the State Water Control Law and
				  regulations adopted pursuant thereto, the board has determined that there is a
				  reasonable assurance that this VWP general permit, if complied with, will
				  protect instream beneficial uses, will not violate applicable water quality
				  standards, and will not cause or contribute to a significant impairment of
				  state waters or fish and wildlife resources. In issuing this VWP general
				  permit, the board has not taken into consideration the structural stability of
				  any proposed activities.
The permanent or temporary impact of up to two acres of
				  nontidal wetlands or open water and up to 1,500 linear feet of nontidal stream
				  bed shall be subject to the provisions of the VWP general permit set forth
				  herein; any requirements in coverage granted under this general permit; the
				  Clean Water Act, as amended; and the State Water Control Law and regulations
				  adopted pursuant to it.
Part I.
Special Conditions.
A. Authorized activities.
1. The activities authorized by this chapter
				shall not cause more than the permanent or temporary impacts of up to two acres
				of nontidal wetlands or open water and up to 1,500 linear feet of nontidal
				stream bed. Additional permit requirements as stipulated by the department in
				the coverage letter, if any, shall be enforceable conditions of this
				permit.
2. Any changes to the
				authorized permanent impacts to surface waters shall require a notice of
				planned change in accordance with
				9VAC25-690-80. An application or
				request for modification to coverage or another VWP permit application may be
				required.
3. Any changes to the
				authorized temporary impacts to surface waters shall require written
				notification to and approval from the Department of Environmental Quality in
				accordance with
				9VAC25-690-80 prior to initiating
				the impacts and restoration to preexisting conditions in accordance with the
				conditions of this permit.
4.
				Modification to compensation requirements may be approved at the request of the
				permittee when a decrease in the amount of authorized surface waters impacts
				occurs, provided that the adjusted compensation meets the initial compensation
				goals.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Form - FORMS (9VAC25-690)

Current through Register Vol. 40, No. 24, July 15, 2024
Department
				  of Environmental Quality Water Division Permit Application Fee Form, Form 5
				  (rev. 10/2018)
Standard
				  Joint Permit Application for Projects in Waters and Wetlands of the
				  Commonwealth of Virginia (rev. 9/2018)
Virginia
				  Department of Transportation, Inter-Agency Coordination Meeting Joint Permit
				  Application (eff. 6/2008)
Monthly
				  Reporting of Impacts Less than or Equal to One-Tenth Acre Statewide (eff.
				  8/2007)
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 690 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-690)

Current through Register Vol. 40, No. 24, July 15, 2024
Classification
				  of Wetlands and Deepwater Habitats of the United States, Cowardin, Lewis M. II,
				  et al., United States Fish and Wildlife Service, December 1979, Reprinted
				  1992
Guidelines for Specification of Disposal Sites for Dredged or
				  Fill Material, 40 CFR Part 230
Virginia Erosion and Sediment Control Handbook, Third
				  Edition, 1992, Department of Conservation and Recreation
Virginia
				  Invasive Plant Species List, Natural Heritage Technical Document 14-11,
				  Department of Conservation and Recreation, Division of Natural Heritage
				  (2014)
Virginia Stormwater Management Handbook, First Edition, 1999,
				  Department of Conservation and Recreation
Statutory Authority: §§ 62.1-44.15 and
					 62.1-44.15:5 of the Code of Virginia; § 401 of the Clean Water Act (33 USC
					 § 1251 et seq.).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 720 - WATER QUALITY MANAGEMENT PLANNING REGULATION › Section 9VAC25-720-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this regulation is to list by major river
				  basin the board-adopted total maximum daily load (TMDL) wasteload allocations
				  (WLAs), stream segment classifications, and effluent limitations including
				  water quality based effluent limitations contained in the existing water
				  quality management plans (WQMPs). Additional information is provided in the
				  footnotes as noted in
				  9VAC25-720-50 through
				  9VAC25-720-130.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; 33 USC § 1313 (e) of the federal Clean Water
					 Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 720 - WATER QUALITY MANAGEMENT PLANNING REGULATION › Section 9VAC25-720-30 - Relationship to 9VAC25-40, Regulation for Nutrient Enriched Waters and Dischargers within the Chesapeake Bay Watershed

Current through Register Vol. 40, No. 24, July 15, 2024
The provisions of this chapter and 9VAC25-40, Regulation for
				  Nutrient Enriched Waters and Dischargers within the Chesapeake Bay Watershed,
				  constitute the nutrient reduction requirements for point source discharges in
				  the Chesapeake Bay Watershed to protect the Chesapeake Bay and its tidal
				  rivers.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 303 of
					 the federal Clean Water Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 720 - WATER QUALITY MANAGEMENT PLANNING REGULATION › Section 9VAC25-720-140

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 303 of the federal Clean Water
					 Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-740-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with §§ 62.1-44.2, 62.1-44.3 and
					 62.1-44.15 of the Code of Virginia, it is the purpose of this chapter to
					 promote and encourage the reclamation of wastewater, here after referred to as
					 water reclamation, and water reuse in a manner that is protective of the
					 environment and public health, and as an alternative to discharging treated
					 effluent to state waters. For this purpose, the chapter establishes permitting
					 requirements, general requirements for design, operation and maintenance;
					 quality standards, monitoring requirements, and approved reuses for reclaimed
					 water.
Statutory Authority
§ 62.1-44.15 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 740 - WATER RECLAMATION AND REUSE REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-740-45 - Emergency authorization for the production, distribution, or reuse of reclaimed water

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may issue an emergency authorization for the production,
				  distribution, or reuse of reclaimed water when it finds that due to drought
				  there is an insufficient public water supply that may result in a substantial
				  threat to public safety. The emergency authorization may be issued only after:
1. Conservation measures mandated by local or
				  state authorities have failed to protect public safety, and
2. The Virginia Department of Health has been
				  notified of the application to issue an emergency authorization and has been
				  provided not less than 14 days to submit comments or recommendations to the
				  department on the application.