Current through Register Vol. 41, No. 3, September 23, 2024
A. Any person
granted coverage under the VWP general permit effective August 2, 2016, may
permanently or temporarily impact up to one acre of nontidal wetlands or open
water and up to 1,500 linear feet of nontidal stream bed 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, provided that:
1.
The applicant submits notification as required in
9VAC25-670-50 and
9VAC25-670-60.
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 this VWP
general permit.
5. Impacts, both
temporary and permanent, result from a single and complete project, including
all attendant features.
a. Where a utility
line has multiple crossings of surface waters (several single and complete
projects) with more than minimal impacts, the department may at its discretion
require a VWP individual permit for the project.
b. Where an access 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.
6. The stream
impact criterion applies to all components of the project, including any
structures and stream channel manipulations.
7. When functions of surface waters are
permanently adversely affected, such as for conversion of forested to emergent
wetlands in a permanently maintained utility right-of-way, compensation shall
be required for impacts outside of a 20-foot wide permanently maintained
corridor. Compensation shall not be required for impacts within the 20-foot
wide portion of permanently maintained corridor. For example, with a 50-foot
wide, permanently maintained corridor, compensation on each side of the 20-foot
portion would be required for impacts that occur between the 20-foot and the
50-foot marks.
8. When required,
compensation for unavoidable impacts is provided in accordance with §
62.1-44.15:23 of the Code of Virginia,
9VAC25-670-70, and
9VAC25-210-116.
B. Activities that may be granted
coverage under this VWP general permit include the following:
1. The construction, maintenance, or repair
of utility lines, including outfall structures and the excavation, backfill, or
bedding for utility lines provided there is no change in preconstruction
contours.
2. The construction,
maintenance, or expansion of a substation facility or pumping station
associated with a power line or utility line.
3. The construction or maintenance of
foundations for overhead utility line towers, poles, or anchors, provided the
foundations are the minimum size necessary and separate footings for each tower
leg (rather than a single pad) are used where feasible.
4. The construction of access roads for the
construction or maintenance of utility lines including overhead power lines and
utility line substations, provided the activity in combination with any
substation does not exceed the threshold limit of this VWP general
permit.
C. The board
waives the requirement for coverage under a VWP general permit for activities
that occur in an isolated wetland of minimal ecological value, as defined in
9VAC25-210-10. Upon
request by the department, any person claiming this waiver shall demonstrate to
the satisfaction of the department that he qualifies for the waiver.
D. Coverage under this VWP general permit
does not relieve the permittee of the responsibility to comply with any other
applicable federal, state, or local statute, ordinance, or
regulation.
E. Coverage under a
nationwide or regional permit promulgated by the U.S. Army Corps of Engineers
(USACE), and for which the department has issued § 401 certification in
accordance with
9VAC25-210-130
H as of August 2, 2016, shall constitute coverage under this VWP general permit
unless (i) a state program general permit (SPGP) is required and granted for
the activity or impact; or (ii) coverage under a VWP general permit is not
allowed pursuant to subdivision D2 of § 62.1-44.15:21 of the State Water
Control Law.
F. When the department
determines on a case-by-case basis that concerns for water quality and the
aquatic environment so indicate, the department may require a VWP individual
permit in accordance with
9VAC25-210-130
B rather than granting coverage under this VWP general permit.
Statutory Authority: § 62.1-44.15 of the Code of
Virginia; § 401 of the Clean Water Act (33 USC §
1251 et
seq.).
