Current through Register Vol. 41, No. 3, September 23, 2024
A. In addition
to the requirements of
9VAC25-210-180
B, VWP permits for surface water withdrawals may be modified when any of the
following developments occur:
1. When the
department determines that minimum instream flow levels resulting directly from
the permittee's withdrawal of surface water are detrimental to the instream
beneficial use, existing at the time of permit issuance, and the withdrawal of
surface water should be subject to further net limitations or when an area is
declared a surface water management area pursuant to §§ 62.1-242
through 62.1-253 of the Code of Virginia, during the term of the VWP
permit.
2. Significant changes to
the location of the surface water withdrawal system are proposed such that the
Department of Environmental Quality determines a new review is warranted due to
the potential effect of the surface water withdrawal to existing beneficial
uses of the new location.
3.
Changes to the permitted project or the surface water withdrawal, including
increasing the storage capacity for the surface water withdrawal, that propose
an increase in the maximum permitted withdrawal volumes or rate of withdrawal
or that cause more than a minimal change to the instream flow requirements with
potential to result in a detrimental effect to existing beneficial
uses.
4. A revision to the purpose
of the surface water withdrawal that proposes to include a new use or uses that
were not identified in the permit application or a modification of the existing
authorized use or uses such that the use description in the permit application
and permit is no longer applicable. Examples of uses include, but are not
limited to agricultural irrigation, golf course irrigation, public water
supply, manufacturing, and electricity generation.
B. Minor modifications may be made in the VWP
permit for surface water withdrawals without following the public involvement
requirements of
9VAC25-210-140,
9VAC25-210-160,
or
9VAC25-210-170.
Any request for a minor modification shall be in writing and shall contain the
facts or reasons supporting the request. The department may request additional
information as necessary to review a request for a minor modification. Minor
modifications may only occur in accordance with
9VAC25-210-180
E and the following items specific to surface water withdrawals:
1. Minor changes to the location of the
surface water withdrawal system, as determined by DEQ, and thus not warranting
a new review of the effect of the surface water withdrawal to existing
beneficial uses.
2. Allow for
temporary changes to instream flow requirements or operational permit
requirements to address situations such as surface water withdrawal system
improvements, environmental studies, or as otherwise determined appropriate by
DEQ.
3. Changes to the permitted
project, including increasing the storage capacity for the surface water
withdrawal, that do not cause more than a minimal change to the instream flow
requirements and do not have the potential to result in a detrimental effect to
existing beneficial uses.
4.
Changes to the monitoring methods or locations of monitoring sites for instream
flow requirements or surface water withdrawal requirements.
Statutory Authority: § 62.1-44.15 of the Code of
Virginia; § 401 of the Clean Water Act (33 USC §
1251 et
seq.).
