Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 610. Groundwater Withdrawal Regulations

9VAC25-610-44. Technical evaluation of withdrawals for subdivisions with 30 or more lots served by private wells.

A. On or after July 1, 2018, the developer of a subdivision, as defined in § 15.2-2201 of the Code of Virginia, located in a groundwater management area, shall apply for a technical evaluation from the department prior to final subdivision plat approval if there will be 30 or more lots within the subdivision served by private wells, as defined in § 32.1-176.3 of the Code of Virginia. This requirement shall not apply to the developer of a subdivision who constructs all of the private wells within the subdivision in the surficial aquifer.

B. The application for a technical evaluation shall be on a form established by the department and shall include a geophysical log from a geophysical borehole located within the subdivision. Such borehole may subsequently be utilized as a groundwater supply for a dwelling unit or for other appropriate purpose within the subdivision.

C. Within 60 days of receiving a complete application for a technical evaluation, the department shall perform a technical evaluation and provide to the developer a recommendation sufficient to serve the water needs of each dwelling unit in the subdivision that specifies the aquifers that will minimize unmitigated impacts to groundwater resources and any offsite impacts to existing groundwater users.

D. The recommendation to the developer shall be nonbinding; however, any such developer who constructs one or more private wells in the subdivision in an aquifer inconsistent with the department's recommendation shall prepare and submit a mitigation plan to the department, consistent with requirements for mitigation plans established by the board, and record a mitigation plan approved by the department with the subdivision plat prior to constructing any private wells within the subdivision.

E. The department shall charge the developer a fee not to exceed $5,000 to recover the cost of performing the technical evaluation. The fee shall be paid prior to the department providing the developer with the recommendation of the technical evaluation.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 4, eff. November 14, 2018.

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