Current through Register Vol. 41, No. 3, September 23, 2024
A. Public
notice of any public hearing held pursuant to
9VAC25-210-160
and 9VAC25-210-165 shall be circulated as follows:
1. Notice shall be published once in a
newspaper of general circulation in the county or city where the activity is to
occur; and
2. Notice of the public
hearing shall be sent to all persons and government agencies that received a
copy of the notice of VWP permit application and to those persons requesting a
public hearing or having commented in response to the public notice.
B. Notice shall be effected
pursuant to subdivisions A 1 and 2 of this section at least 30 days in advance
of the public hearing.
C. The
content of the public notice of any public hearing held pursuant to
9VAC25-210-160
and 9VAC25-210-165 shall include at least the following:
1. Name and mailing address of each person
whose application will be considered at the public hearing and a brief
description of the person's activities or operations including information on
the number of acres of wetlands and the number of linear feet of streams
affected, a description of the nature of the withdrawal and the amount of the
withdrawal; as well as the name of the receiving waterway and the name of the
affected watershed;
2. The precise
location of the proposed activity and the surface waters that will, or may, be
affected including, where possible, reference to route numbers, road
intersections, map coordinates or similar information;
3. Description of what the applicant plans to
do to compensate for the affected area;
4. A brief reference to the public notice
issued for the VWP permit application or permit action, including the permit
application number and date of issuance, unless the public notice includes the
public hearing notice;
5.
Information regarding the time and location for the public hearing;
6. The purpose of the public
hearing;
7. A concise statement of
the relevant water quality, or fish and wildlife resource issues raised by the
persons requesting the public hearing;
8. Contact person and the mailing address,
email address, name of the Department of Environmental Quality regional office
and phone number of the DEQ office at which the interested persons may obtain
further information or request a copy of the draft VWP permit prepared pursuant
to
9VAC25-210-120;
and
9. A brief reference to the
rules and procedures to be followed at the public hearing.
D. Public notice of any hearing held pursuant
to
9VAC25-210-160
C shall be in accordance with this section.
E. The public comment period shall remain
open for 15 days after the close of the public hearing if required by §
62.1-44.15:01 of the Code of Virginia.
Statutory Authority: § 62.1-44.15 of the Code of
Virginia; § 401 of the Clean Water Act (33 USC §
1251 et
seq.).
