DRAFT 8-19-14
Task: Please comment on the suggested revisions to this regulation section.
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CHAPTER 210
VIRGINIA WATER PROTECTION PERMIT PROGRAM REGULATION
Part II
VWP Permit Application and Development
9VAC25-210-80. Application for a VWP permit.
B. Informational requirements for a VWP Permit Application, except applications for
minor surface water withdrawals or emergency VWP permits.
1. A complete VWP permit application, at a minimum, consists of the following
information:
k. The latitude and longitude (to the nearest second) at the center of the project, United
States Geological Survey Hydrologic Unit Code for the project and compensatory
mitigation site, DEQ stream classification, stream drainage area, functions and values
assessment for wetlands impacts (if applicable), beneficial uses evaluation for instream
flow and surface water withdrawal projects (if applicable), [see below] state- and
federally-listed threatened and endangered species information, mitigation plan
(demonstrating avoidance and minimization to the maximum extent practicable, and
compensation for unavoidable impacts).
(1) For VWP individual permits where wetland impacts are greater than two acres, the
assessment of functional values of the affected surface waters must include information
on: surrounding land uses and cover types; nutrient, sediment, and pollutant trapping;
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flood control and flood storage capacity; erosion control and shoreline stabilization;
groundwater recharge and discharge; aquatic and wildlife habitat; and unique or critical
habitats. Functional values may also include: water quality, floodflow desynchronization,
nutrient import or export, stormwater retention or detention, recreation, education,
aesthetics, or other beneficial uses. These values shall be assessed using an
acceptable method appropriate for the type of impacted resource. This information will
be used to determine the type of compensatory mitigation required under a VWP
individual permit to ensure no net loss of wetland functions.
(4) A copy of the U.S. Army Corps of Engineers (USACE), U.S. Department of
Agriculture Natural Resources Conservation Service (NRCS), or DEQ delineation
confirmation, or other correspondence from the USACE, NRCS, or DEQ indicating
approval of the wetland boundary, including the wetlands data sheets, and the latitude
and longitude (to the nearest second) of the center of the project site. A delineation map
must also be provided that depicts the geographic area(s) of all delineated wetlands, in
accordance with 9VAC25-210-45, and all streams and open waters on the site.
Wetland types shall be noted according to their Cowardin classification or similar
terminology. This requirement may be waived by DEQ, on a case-by-case basis, where
the proposed activities are clearly limited to open water areas.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from VR680-15-02 § 2.1, eff. May 20, 1992; amended, Virginia Register
Volume 17, Issue 21, eff. August 1, 2001; Volume 23, Issue 21, eff. July 25, 2007.
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