Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 260 - WATER QUALITY STANDARDS
Part I - Surface Water Standards with General, Statewide Application
Section 9VAC25-260-30 - Antidegradation policy
Universal Citation: 9 VA Admin Code 25-260-30
Current through Register Vol. 41, No. 3, September 23, 2024
A. All surface waters of the Commonwealth shall be provided one of the following three levels, or tiers, of antidegradation protection. This antidegradation policy shall be applied whenever any activity is proposed that has the potential to affect existing surface water quality.
1. As a
minimum, existing instream water uses and the level of water quality necessary
to protect the existing uses shall be maintained and protected.
2. Where the quality of the waters exceed
water quality standards, that quality shall be maintained and protected unless
the board finds, after full satisfaction of the intergovernmental coordination
and public participation provisions of the Commonwealth's continuing planning
process, that allowing lower water quality is necessary to accommodate
important economic or social development in the area in which the waters are
located. In allowing such degradation or lower water quality, the board shall
assure water quality adequate to protect existing uses fully. Further, the
board shall assure that there shall be achieved the highest statutory and
regulatory requirements applicable to all new or existing point source
discharges of effluent and all cost-effective and reasonable best management
practices for nonpoint source control.
3. Surface waters, or portions of these,
which provide exceptional environmental settings and exceptional aquatic
communities or exceptional recreational opportunities may be designated and
protected as described in subdivisions 3 a, b and c of this subsection.
a. Designation procedures.
(1) Designations shall be adopted in
accordance with the provisions of the Administrative Process Act (§
2.2-4000 et seq. of the Code of Virginia) and the board's public participation
guidelines.
(2) Upon receiving a
nomination of a waterway or segment of a waterway for designation as an
exceptional state water pursuant to the board's antidegradation policy, as
required by 40 CFR
131.12, the board shall notify each locality
in which the waterway or segment lies and shall make a good faith effort to
provide notice to impacted riparian property owners. The written notice shall
include, at a minimum:
(i) a description of
the location of the waterway or segment;
(ii) the procedures and criteria for
designation as well as the impact of the designation;
(iii) the name of the person making the
nomination; and
(iv) the name of a
contact person at the Department of Environmental Quality who is knowledgeable
about the nomination and the waterway or segment. Notice to property owners
shall be based on names and addresses taken from local tax rolls. Such names
and addresses shall be provided by the Commissioners of the Revenue or the tax
assessor's office of the affected jurisdiction upon request by the board. After
receipt of the notice of the nomination, localities shall be provided 60 days
to comment on the consistency of the nomination with the locality's
comprehensive plan. The comment period established by subdivision 3 a (2) of
this subsection shall in no way impact a locality's ability to comment during
any additional comment periods established by the board.
b. Implementation procedures.
(1) The quality of waters designated in
subdivision 3 c of this subsection shall be maintained and protected to prevent
permanent or long-term degradation or impairment.
(2) No new, additional, or increased
discharge of sewage, industrial wastes or other pollution into waters
designated in subdivision 3 c of this subsection shall be allowed.
(3) Activities causing temporary sources of
pollution may be allowed in waters designated in subdivision 3 c of this
subsection even if degradation may be expected to temporarily occur provided
that after a minimal period of time the waters are returned or restored to
conditions equal to or better than those existing just prior to the temporary
source of pollution.
c.
Surface waters designated under this subdivision are as follows:
(1) Little Stony Creek in Giles County from
the first footbridge above the Cascades picnic area, upstream to the 3,300-foot
elevation.
(2) Bottom Creek in
Montgomery County and Roanoke County from Route 669 (Patterson Drive)
downstream to the last property boundary of the Nature Conservancy on the
southern side of the creek.
(3)
Lake Drummond, located on U.S. Fish and Wildlife Service property, in its
entirety within the cities of Chesapeake and Suffolk excluding any ditches
and/or tributaries.
(4) North Creek
in Botetourt County from the first bridge above the United States Forest
Service North Creek Camping Area to its headwaters.
(5) Brown Mountain Creek, located on U.S.
Forest Service land in Amherst County, from the City of Lynchburg property
boundary upstream to the first crossing with the national forest property
boundary.
(6) Laurel Fork, located
on U.S. Forest Service land in Highland County, from the national forest
property boundary below Route 642 downstream to the Virginia/West Virginia
state line.
(7) North Fork of the
Buffalo River, located on U.S. Forest Service land in Amherst County, from its
confluence with Rocky Branch upstream to its headwaters.
(8) Pedlar River, located on U.S. Forest
Service land in Amherst County, from where the river crosses FR 39 upstream to
the first crossing with the national forest property boundary.
(9) Ramseys Draft, located on U.S. Forest
Service land in Augusta County, from its headwaters (which includes Right and
Left Prong Ramseys Draft) downstream to the Wilderness Area boundary.
(10) Whitetop Laurel Creek, located on U.S.
Forest Service land in Washington County, from the national forest boundary
immediately upstream from the second railroad trestle crossing the creek above
Taylors Valley upstream to the confluence of Green Cove Creek.
(11) Ragged Island Creek in Isle of Wight
County from its confluence with the James River at a line drawn across the
creek mouth at N36°56.306'/W76°29.136' to
N36°55.469'/W76°29.802' upstream to a line drawn across the main stem
of the creek at N36°57.094'/W76°30.473' to
N36°57.113'/W76°30.434', excluding wetlands and impounded areas and
including only those tributaries completely contained within the Ragged Island
Creek Wildlife Management Area on the northeastern side of the creek.
(12) Big Run in Rockingham County from its
headwaters downstream to the first crossing with the Shenandoah National Park
boundary and all tributaries to this segment of Big Run within the confines of
Shenandoah National Park.
(13)
Doyles River in Albemarle County from its headwaters to the first crossing with
the Shenandoah National Park boundary and Jones Falls Run from its headwaters
to its confluence with Doyles River and all tributaries to these segments of
Doyles River and Jones Fall Run within the confines of Shenandoah National
Park.
(14) East Hawksbill Creek in
Page County from its headwaters downstream to the first crossing with the
Shenandoah National Park boundary and all tributaries to this segment of East
Hawksbill Creek within the confines of Shenandoah National Park.
(15) Jeremys Run in Page County from its
headwaters downstream to the first crossing with the Shenandoah National Park
boundary and all tributaries to this segment of Jeremys Run within the confines
of Shenandoah National Park.
(16)
East Branch Naked Creek in Page County from its headwaters downstream to the
first crossing with the Shenandoah National Park boundary and all tributaries
to this segment of East Branch Naked Creek within the confines of Shenandoah
National Park.
(17) Piney River in
Rappahannock County from its headwaters downstream to the first crossing with
the Shenandoah National Park boundary and all tributaries to this segment of
the Piney River within the confines of Shenandoah National Park.
(18) North Fork Thornton River in
Rappahannock County from its headwaters downstream to the first crossing with
the Shenandoah National Park boundary and all tributaries to this segment of
the North Fork Thornton River within the confines of Shenandoah National
Park.
(19) Blue Suck Branch from
its headwaters downstream to the first crossing with the George Washington
National Forest boundary.
(20)
Downy Branch from its headwaters downstream to the first crossing with the
George Washington National Forest boundary.
(21) North Branch Simpson Creek (Brushy Run)
from its headwaters downstream to its confluence with Simpson Creek.
(22) Roberts Creek from its confluence with
the Pedlar River upstream to its first crossing with the National Forest
boundary.
(23) Shady Mountain Creek
from its headwaters downstream to its confluence with the Pedlar
River.
(24) Cove Creek from its
headwaters downstream to the National Forest boundary.
(25) Little Cove Creek and its tributaries
from the headwaters downstream to the National Forest boundary.
(26) Rocky Branch from its headwaters
downstream to its confluence with the North Fork of the Buffalo
River.
(27) North Fork of the
Buffalo River from its confluence with Rocky Branch downstream to the National
Forest Boundary.
(28) The Hazel
River in Rappahannock County from its headwaters to the first downstream
crossing with the Shenandoah National Park boundary and all tributaries within
this segment within the confines of Shenandoah National Park.
(29) Little Stony Creek in Scott County from
Bark Camp Lake dam to its confluence with Bakers Branch.
(30) North River in Augusta County from the
Staunton Reservoir dam to the first crossing with National Forest lands
boundary (near Girl Scout Camp May Flather).
B. Any determinations concerning thermal discharge limitations made under § 316(a) of the Clean Water Act will be considered to be in compliance with the antidegradation policy.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; 33 USC § 1251 et seq. of the federal Clean Water Act; 40 CFR Part 131.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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