Current through Register Vol. 41, No. 3, September 23, 2024
A. The
applicant shall file a complete application in accordance with this section for
coverage under this general permit for use of the surficial aquifer in a
groundwater management area.
B. A
complete application for general permit coverage, at a minimum, consists of the
following information:
1. The permit fee as
required by the Fees for Permits and Certificates (9VAC25-20).
2. A groundwater withdrawal permit
application completed in its entirety with all maps, attachments, and addenda
that may be required. Application forms shall be submitted in a format
specified by the department. The application forms are available from the
department.
3. A signature as
described in
9VAC25-610-150.
4. A completed well construction report for
all existing wells associated with the application submitted on the Water Well
Completion Report, Form GW2;
5. For
all proposed wells, the well name, proposed well depth, screen intervals,
pumping rate, and latitude and longitude.
6. Locations of all existing and proposed
wells associated with the application shown on a USGS 7.5 minute topographic
map or equivalent computer generated map. The map shall be of sufficient detail
such that all wells may be easily located for site inspection. The applicant
shall provide the latitude and longitude coordinates in a datum specified by
the department for each existing and proposed well. The map must show the
outline of the property and the location of each of its existing and proposed
wells and must include all springs, rivers, and other surface water
bodies.
7. Information on surface
water and groundwater conjunctive use systems as described in
9VAC25-610-104
if applicable.
8. Notification from
the local governing body in which the withdrawal is to occur that the location
and operation of the withdrawing facility is in compliance with all ordinances
adopted pursuant to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 of the
Code of Virginia. If the governing body fails to respond to the applicant's
request for certification within 45 calendar days of receipt of the written
request, the location and operation of the proposed facility shall be deemed to
comply with the provisions of such ordinances for the purposes of this chapter.
The applicant shall document the local governing body's receipt of the request
for certification through the use of certified mail or other means that
establishes proof of delivery.
9.
Documentation justifying the volume of groundwater withdrawal requested as
described in the groundwater withdrawal application provided in accordance with
9VAC25-920-90 B2.
10. The
department shall require a complete suite of geophysical logs (16"/64" Normal,
Single Point, Self Potential, Lateral, and Natural Gamma at a scale of 20 feet
per inch), as follows:
a. The geophysical
logs shall be obtained from boreholes at the locations and depths approved by
the department;
b. At least four
months prior to the scheduled geophysical logging, the applicant shall notify
the department of the drilling timetable to receive further guidance needed on
performing the geophysical logging and to allow scheduling of department staff
to make a site visit during the drilling of the borehole and the geophysical
logging; and
c. Geophysical log
data collected without the oversight of the department will not be accepted by
the department.
11. In
cases where the area of impact does not remain on the property owned by the
applicant or existing groundwater withdrawers will be included in the area of
impact, the applicant shall provide and implement a plan to mitigate all
adverse impacts on existing groundwater users. Approvable mitigation plans
shall, at a minimum, contain the following features and implementation of the
mitigation plan shall be included as enforceable permit conditions:
a. The rebuttable presumption that water
level declines that cause adverse impacts to existing wells within the area of
impact are due to the proposed withdrawal;
b. A commitment by the applicant to mitigate
undisputed adverse impacts due to the proposed withdrawal in a timely
fashion;
c. A speedy, nonexclusive,
low-cost process to fairly resolve disputed claims for mitigation between the
applicant and any claimant; and
d.
The requirement that the claimant provide documentation that the claimant is
the owner of the well; documentation that the well was constructed and operated
prior to the initiation of the applicant's withdrawal; the depth of the well,
the pump, and screens and any other construction information that the claimant
possesses; the location of the well with enough specificity that it can be
located in the field; the historic yield of the well, if available; historic
water levels for the well, if available; and the reasons the claimant believes
that the applicant's withdrawals have caused an adverse impact on the
well.
C. The
department may waive the requirement for information listed in subsection B of
this section to be submitted if it has access to substantially identical
information that remains accurate and relevant to the permit
application.
D. If an application
is not accepted as complete by the department under the requirements of
subsection B of this section, the department will require the submission of
additional information pursuant to
9VAC25-610-98.
E. An incomplete permit application for
coverage under this general permit may be administratively withdrawn from
processing by the department for failure to provide the required information
after 60 calendar days from the date of the latest written information request
made by the department. An applicant may request a suspension of application
review by the department. A submission by the applicant making such a request
shall not preclude the department from administratively withdrawing an
incomplete application. Resubmittal of a permit application for the same or
similar project after the time that the original permit application was
administratively withdrawn shall require submittal of an additional permit
application fee.
Statutory Authority: §§ 62.1-256, 62.1-258.1, and
62.1-266 of the Code of Virginia.
