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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 920. General Permit for the Use of Irrigation Withdrawals from the Surficial Aquifer Greater Than 300,000 Gallons in any One Month
5/22/2024

9VAC25-920-90. Application.

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 B 2.

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.

Historical Notes

Derived from Virginia Register Volume 39, Issue 4, eff. November 9, 2022.

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