Administrative Code

Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
1/29/2020

Chapter 260. Water Quality Standards

Part I
Surface Water Standards with General, Statewide Application

9VAC25-260-5. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Algicides" means chemical substances, most commonly copper-based, used as a treatment method to control algae growths.

"Board" means State Water Control Board.

"Chesapeake Bay and its tidal tributaries" means all tidally influenced waters of the Chesapeake Bay; western and eastern coastal embayments and tributaries; James, York, Rappahannock and Potomac Rivers and all their tidal tributaries to the end of tidal waters in each tributary (in larger rivers this is the fall line); and includes subdivisions 1, 2, 3, 4, 5, and 6 of 9VAC25-260-390, subdivisions 1, 1b, 1d, 1f and 1o of 9VAC25-260-410, subdivisions 5 and 5a of 9VAC25-260-415, subdivisions 1 and 1a of 9VAC25-260-440, subdivisions 2, 3, 3a, 3b and 3e of 9VAC25-260-520, and subdivision 1 of 9VAC25-260-530. This definition does not include free flowing sections of these waters.

"Criteria" means elements of the board's water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular use. When criteria are met, water quality will generally protect the designated use.

"Department" or "DEQ" means the Virginia Department of Environmental Quality.

"Designated uses" means those uses specified in water quality standards for each waterbody or segment whether or not they are being attained.

"Drifting organisms" means planktonic organisms that are dependent on the current of the water for movement.

"Epilimnion" means the upper layer of nearly uniform temperature in a thermally stratified man-made lake or reservoir listed in 9VAC25-260-187 B.

"Existing uses" means those uses actually attained in the waterbody on or after November 28, 1975, whether or not they are included in the water quality standards.

"Lacustrine" means the zone within a lake or reservoir that corresponds to nonflowing lake-like conditions such as those near the dam. The other two zones within a reservoir are riverine (flowing, river-like conditions) and transitional (transition from river to lake conditions).

"Man-made lake or reservoir" means a constructed impoundment.

"Mixing zone" means a limited area or volume of water where initial dilution of a discharge takes place and where numeric water quality criteria can be exceeded but designated uses in the waterbody on the whole are maintained and lethality is prevented.

"Natural lake" means an impoundment that is natural in origin. There are two natural lakes in Virginia: Mountain Lake in Giles County and Lake Drummond located within the boundaries of Chesapeake and Suffolk in the Great Dismal Swamp.

"Passing organisms" means free swimming organisms that move with a mean velocity at least equal to the ambient current in any direction.

"Primary contact recreation" means any water-based form of recreation, the practice of which has a high probability for total body immersion or ingestion of water (examples include but are not limited to swimming, water skiing, canoeing and kayaking).

"Pycnocline" means the portion of the water column where density changes rapidly because of salinity and/or temperature. In an estuary the pycnocline is the zone separating deep, cooler more saline waters from the less saline, warmer surface waters. The upper and lower boundaries of a pycnocline are measured as a change in density per unit of depth that is greater than twice the change of the overall average for the total water column.

"Secondary contact recreation" means a water-based form of recreation, the practice of which has a low probability for total body immersion or ingestion of waters (examples include but are not limited to wading, boating and fishing).

"Swamp waters" means waters with naturally occurring low pH and low dissolved oxygen caused by (i) low flow velocity that prevents mixing and reaeration of stagnant, shallow waters and (ii) decomposition of vegetation that lowers dissolved oxygen concentrations and causes tannic acids to color the water and lower the pH.

"Use attainability analysis" means a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors as described in 9VAC25-260-10 H.

"Water quality standards" means provisions of state or federal law which consist of a designated use or uses for the waters of the Commonwealth and water quality criteria for such waters based upon such uses. Water quality standards are to protect the public health or welfare, enhance the quality of water and serve the purposes of the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) and the federal Clean Water Act (33 USC § 1251 et seq.).

"Wetlands" means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from Virginia Register Volume 14, Issue 4, eff. December 10, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Volume 20, Issue 9, eff. February 12, 2004; Errata 20:11 VA.R. 1387 February 9, 2004; amended, Virginia Register Volume 21, Issue 23, eff. June 24, 2005; Volume 24, Issue 4, eff. August 14, 2007; Volume 32, Issue 26, eff. June 27, 2017.

9VAC25-260-10. Designation of uses.

A. All state waters, including wetlands, are designated for the following uses: recreational uses, e.g., swimming and boating; the propagation and growth of a balanced, indigenous population of aquatic life, including game fish, which might reasonably be expected to inhabit them; wildlife; and the production of edible and marketable natural resources, e.g., fish and shellfish.

B. Subcategories of the propagation and growth of a balanced indigenous population of aquatic life, including game fish designated use for waters in the Chesapeake Bay and its tidal tributaries are listed in this subsection.

1. Migratory Fish Spawning and Nursery Designated Use: waters in the Chesapeake Bay and its tidal tributaries that protect the survival, growth and propagation of the early life stages of a balanced, indigenous population of anadromous, semi-anadromous, catadromous and tidal-fresh resident fish species inhabiting spawning and nursery grounds. This designated use extends from the end of tidal waters to the downriver end of spawning and nursery habitats that have been determined through a composite of all targeted anadromous and semi-anadromous fish species' spawning and nursery habitats (see boundaries in U.S. Environmental Protection Agency, 2004, Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability 2004 Addendum, Chesapeake Bay Program Office, Annapolis, Maryland). This designated use extends horizontally from the shoreline of the body of water to the adjacent shoreline, and extends down through the water column to the bottom water-sediment interface. This use applies February 1 through May 31 and applies in addition to the open-water use described in this subsection.

2. Shallow-water Submerged Aquatic Vegetation Designated Use: waters in the Chesapeake Bay and its tidal tributaries that support the survival, growth and propagation of submerged aquatic vegetation (rooted, underwater bay grasses). This use applies April 1 through October 31 in tidal-fresh, oligohaline and mesohaline Chesapeake Bay Program segments, and March 1 through November 30 in polyhaline Chesapeake Bay Program segments and applies in addition to the open-water use described in this subsection.

3. Open Water Aquatic Life Designated Use: waters in the Chesapeake Bay and its tidal tributaries that protect the survival, growth and propagation of a balanced, indigenous population of aquatic life inhabiting open-water habitats. This designated use applies year-round but the vertical boundaries change seasonally. October 1 through May 31, the open water aquatic life use extends horizontally from the shoreline at mean low water, to the adjacent shoreline, and extending through the water column to the bottom water-sediment interface. June 1 through September 30, if a pycnocline is present and, in combination with bottom bathymetry and water column circulation patterns, presents a barrier to oxygen replenishment of deeper waters, this designated use extends down into the water column only as far as the upper boundary of the pycnocline. June 1 through September 30, if a pycnocline is present but other physical circulation patterns (such as influx of oxygen rich oceanic bottom waters) provide for oxygen replenishment of deeper waters, the open-water aquatic life designated use extends down into the bottom water-sediment interface (see boundaries in U.S. Environmental Protection Agency, 2004 Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability 2004 Addendum, Chesapeake Bay Program Office, Annapolis, Maryland). This designated use includes the migratory fish spawning and nursery and shallow-water submerged aquatic vegetation uses.

4. Deep Water Aquatic Life Designated Use: waters in the Chesapeake Bay and its tidal tributaries that protect the survival and growth of a balanced, indigenous population of aquatic life inhabiting deep-water habitats. This designated use extends to the tidally influenced waters located between the upper and lower boundaries of the pycnocline where, in combination with bottom bathymetry and water circulation patterns, a pycnocline is present and presents a barrier to oxygen replenishment of deeper waters. In some areas, the deep-water designated use extends from the upper boundary of the pycnocline down to the bottom water-sediment interface (see boundaries in U.S. Environmental Protection Agency, 2004 Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability 2004 Addendum, Chesapeake Bay Program Office, Annapolis, Maryland). This use applies June 1 through September 30.

5. Deep Channel Seasonal Refuge Designated Use: waters in the Chesapeake Bay and its tidal tributaries that protect the survival of a balanced, indigenous population of benthic infauna and epifauna inhabiting deep-channel habitats. This designated use extends to the tidally influenced waters at depths greater than the lower boundary of the pycnocline in areas where, in combination with bottom bathymetry and water circulation patterns, the pycnocline presents a barrier to oxygen replenishment of deeper waters (see boundaries in U.S. Environmental Protection Agency, 2004 Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability 2004 Addendum, Chesapeake Bay Program Office, Annapolis, Maryland). This use applies June 1 through September 30.

C. In designating uses of a water body and the appropriate criteria for those uses, the board shall take into consideration the water quality standards of downstream waters and shall ensure that its water quality standards provide for the attainment and maintenance of the water quality standards of downstream waters.

D. The board may adopt subcategories of a use and set the appropriate criteria to reflect varying needs of such subcategories of uses, for instance, to differentiate between cold water (trout streams) and warm water fisheries.

E. At a minimum, uses are deemed attainable if they can be achieved by the imposition of effluent limits required under §§ 301(b)(1)(A) and (B) and 306 of the Clean Water Act and cost-effective and reasonable best management practices for nonpoint source control.

F. Prior to adding or removing any use, or establishing subcategories of a use, the board shall provide notice and an opportunity for a public hearing under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

G. The board may adopt seasonal uses as an alternative to reclassifying a water body or segment thereof to uses requiring less stringent water quality criteria. If seasonal uses are adopted, water quality criteria should be adjusted to reflect the seasonal uses; however, such criteria shall not preclude the attainment and maintenance of a more protective use in another season.

H. The board may remove a designated use which is not an existing use, or establish subcategories of a use, if the board can demonstrate that attaining the designated use is not feasible because:

1. Naturally occurring pollutant concentrations prevent the attainment of the use;

2. Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating state water conservation requirements to enable uses to be met;

3. Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place;

4. Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use;

5. Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or

6. Controls more stringent than those required by §§ 301(b) and 306 of the Clean Water Act would result in substantial and widespread economic and social impact.

I. The board may not remove designated uses if:

1. They are existing uses, unless a use requiring more stringent criteria is added; or

2. Such uses will be attained by implementing effluent limits required under §§ 301(b)(1)(A) and (B) and 306 of the Clean Water Act and by implementing cost-effective and reasonable best management practices for nonpoint source control.

J. Where existing water quality standards specify designated uses less than those which are presently being attained, the board shall revise its standards to reflect the uses actually being attained.

K. The board must conduct a use attainability analysis whenever:

1. The board designates or has designated uses that do not include the uses specified in § 101(a)(2) of the Clean Water Act; or

2. The board wishes to remove a designated use that is specified in § 101(a)(2) of the Clean Water Act or to adopt subcategories of uses specified in § 101(a)(2) of the Clean Water Act which require less stringent criteria.

L. The board is not required to conduct a use attainability analysis under this chapter whenever designating uses which include those specified in subsection A of this section.

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.

Historical Notes

Derived from VR680-21-01.1, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 20, Issue 9, eff. February 12, 2004; Volume 21, Issue 23, eff. June 24, 2005; Volume 26, Issue 12, eff. February 1, 2010.

9VAC25-260-20. General criteria.

A. State waters, including wetlands, shall be free from substances attributable to sewage, industrial waste, or other waste in concentrations, amounts, or combinations which contravene established standards or interfere directly or indirectly with designated uses of such water or which are inimical or harmful to human, animal, plant, or aquatic life.

Specific substances to be controlled include, but are not limited to: floating debris, oil, scum, and other floating materials; toxic substances (including those which bioaccumulate); substances that produce color, tastes, turbidity, odors, or settle to form sludge deposits; and substances which nourish undesirable or nuisance aquatic plant life. Effluents which tend to raise the temperature of the receiving water will also be controlled. Conditions within mixing zones established according to 9VAC25-260-20 B do not violate the provisions of this subsection.

B. The board may use mixing zone concepts in evaluating limitations for Virginia Pollutant Discharge Elimination System permits.

1. Mixing zones evaluated or established by the board in fresh water shall not:

a. Prevent movement of or cause lethality to passing and drifting aquatic organisms through the water body in question;

b. Constitute more than one half of the width of the receiving watercourse nor constitute more than one third of the area of any cross section of the receiving watercourse;

c. Extend downstream at any time a distance more than five times the width of the receiving watercourse at the point of discharge.

2. Mixing zones evaluated or established by the board in open ocean, estuarine and transition zone waters (see 9VAC25-260-140 C) shall not:

a. Prevent movement of or cause lethality to passing and drifting aquatic organisms through the water body in question;

b. Extend more than five times in any direction the average depth along a line extending 1/3 of the way across the receiving water from the discharge point to the opposite shore.

3. A subsurface diffuser shall be required for any new or expanded freshwater discharge greater than or equal to 0.5 MGD to open ocean, estuarine and transition zone waters (see 9VAC25-260-140 C) and the acute and chronic criteria shall be met at the edge of the zone of initial mixing. The zone of initial mixing is the area where mixing of ambient water and effluent is driven by the jet effect and/or momentum of the effluent. Beyond this zone the mixing is driven by ambient turbulence.

4. Mixing zones shall not be allowed by the board for effluents discharged to wetlands, swamps, marshes, lakes or ponds.

5. An allocated impact zone may be allowed within a mixing zone. This zone is the area of initial dilution of the effluent with the receiving water where the concentration of the effluent will be its greatest in the water column. Mixing within these allocated impact zones shall be as quick as practical and shall be sized to prevent lethality to passing and drifting aquatic organisms. The acute aquatic life criteria are not required to be attained in the allocated impact zone.

6. Mixing zones shall be evaluated or established such that acute criteria are met outside the allocated impact zone and chronic criteria are met at the edge of the mixing zone.

7. No mixing zone shall be used for, or considered as, a substitute for minimum treatment technology required by the Clean Water Act and other applicable state and federal laws.

8. The board shall not approve a mixing zone that violates the federal Endangered Species Act of 1973 (16 USCA §§ 1531-1543) or the Virginia Endangered Species Act, Article 6 (§ 29.1-563 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia.

9. Mixing zones shall not be allowed for the bacteria criteria in 9VAC25-260-170.

10. The board may waive the requirements of subdivisions 1 b and c, 2 b, 3 and 4 of this subsection on a case-by-case basis if:

a. The board determines that a complete mix assumption is appropriate; or

b. A discharger provides an acceptable demonstration of:

(1) Information defining the actual boundaries of the mixing zone in question; and

(2) Information and data demonstrating no violation of subdivisions B 1 a, 2 a and B 7 of this subsection by the mixing zone in question.

11. The size of a thermal mixing zone shall be determined on a case-by-case basis. This determination shall be based upon a sound rationale and be supported by substantial biological, chemical, physical, and engineering evidence and analysis. Any such determination shall show to the board's satisfaction that no adverse changes in the protection and propagation of balanced indigenous populations of fish, aquatic life, and wildlife may reasonably be expected to occur. A satisfactory showing made in conformance with § 316(a) of the Clean Water Act shall be deemed as compliance with the requirements of this section.

12. Notwithstanding the above, no new or expanded mixing zone shall:

a. Be allowed in waters listed in 9VAC25-260-30 A 3 c;

b. Be allowed in waters defined in 9VAC25-260-30 A 2 for new or existing discharges unless the requirements outlined in 9VAC25-260-30 A 2 are satisfied.

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.

Historical Notes

Derived from VR680-21-01.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998; amended, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; Volume 26, Issue 12, eff. February 1, 2010.

9VAC25-260-30. Antidegradation policy.

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.

Historical Notes

Derived from VR680-21-01.3, eff. May 20, 1992; amended, Virginia Register Volume 13, Issue 11, eff. March 19, 1997; Volume 13, Issue 14, eff. April 30, 1997; Volume 14, Issue 4, eff. December 10, 1997; Volume 14, Issue 9, eff. February 18, 1998; Volume 20, Issue 9, eff. February 12, 2004; Volume 21, Issue 22, eff. August 10, 2005; Volume 22, Issue 10, eff. December 29, 2005; Volume 24, Issue 2, eff. September 11, 2007; Volume 24, Issue 26, eff. August 12, 2008; Volume 25, Issue 5, eff. October 22, 2008; Volume 26, Issue 12, eff. February 1, 2010.

9VAC25-260-40. Stream flow.

Man-made alterations in stream flow shall not contravene designated uses including protection of the propagation and growth of aquatic life.

Statutory Authority

§ 62.1-44.15(3a) of the Code of Virginia.

Historical Notes

Derived from VR680-21-01.4, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.

9VAC25-260-50. Numerical criteria for dissolved oxygen, pH, and maximum temperature.***

CLASS

DESCRIPTION OF WATERS

DISSOLVED OXYGEN (mg/l)****

pH

Max. Temp.
(°C)

Min.

Daily Avg.

I

Open Ocean

5.0

‑‑

6.0‑9.0

‑‑

II

Tidal Waters in the Chowan Basin and the Atlantic Ocean Basin

4.0

5.0

6.0‑9.0

‑‑

II

Tidal Waters in the Chesapeake Bay and its tidal tributaries

see 9VAC25-260-185

6.0‑9.0

III

Nontidal Waters (Coastal and Piedmont Zones)

4.0

5.0

6.0‑9.0

32

IV

Mountainous Zones Waters

4.0

5.0

6.0‑9.0

31

V

Stockable Trout Waters

5.0

6.0

6.0‑9.0

21

VI

Natural Trout Waters

6.0

7.0

6.0‑9.0

20

VII

Swamp Waters

*

*

3.7‑8.0*

**

*This classification recognizes that the natural quality of these waters may fluctuate outside of the values for D.O. and pH set forth above as water quality criteria in Class I through VI waters. The natural quality of these waters is the water quality found or expected in the absence of human-induced pollution. Water quality standards will not be considered violated when conditions are determined by the board to be natural and not due to human-induced sources. The board may develop site specific criteria for Class VII waters that reflect the natural quality of the waterbody when the evidence is sufficient to demonstrate that the site specific criteria rather than narrative criterion will fully protect aquatic life uses. Virginia Pollutant Discharge Elimination System limitations in Class VII waters shall not cause significant changes to the naturally occurring dissolved oxygen and pH fluctuations in these waters.

**Maximum temperature will be the same as that for Classes I through VI waters as appropriate.

***The water quality criteria in this section do not apply below the lowest flow averaged (arithmetic mean) over a period of seven consecutive days that can be statistically expected to occur once every 10 climatic years (a climatic year begins April 1 and ends March 31). See 9VAC25-260-310 and 9VAC25-260-380 through 9VAC25-260-540 for site specific adjustments to these criteria.

****For a thermally stratified man-made lake or reservoir in Class III, IV, V or VI waters that are listed in 9VAC25-260-187, these dissolved oxygen and pH criteria apply only to the epilimnion of the waterbody. When these waters are not stratified, the dissolved oxygen and pH criteria apply throughout the water column.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from VR680-21-01.5, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 17, Issue 16 and Volume 18, Issue 17, eff. June 5, 2002; Volume 20, Issue 9, eff. February 12, 2004; Volume 21, Issue 23, eff. June 24, 2005; Volume 23, Issue 26, eff. August 14, 2007; Volume 26, Issue 12, eff. February 1, 2010; Volume 32, Issue 26, eff. June 27, 2017.

9VAC25-260-55. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 16 and Volume 18, Issue 17, eff. June 5, 2002; repealed, Volume 26, Issue 12, eff. February 1, 2010.

9VAC25-260-60. Rise above natural temperature.

Any rise above natural temperature shall not exceed 3°C except in the case of Class VI waters (natural trout waters), where it shall not exceed 1°C. However, the board can, on a case-by-case basis, impose a more stringent limit on the rise above natural temperature. Natural temperature is defined as that temperature of a body of water (measured as the arithmetic average over one hour) due solely to natural conditions without the influence of any point-source discharge.

Statutory Authority

§§ 62.1-44.15(3) and (10) of the Code of Virginia.

Historical Notes

Derived from VR680-21-01.6, eff. May 20, 1992.

9VAC25-260-70. Maximum hourly temperature change.

The maximum hourly temperature change shall not exceed 2°C, except in the case of Class VI waters (natural trout waters) where it shall not exceed 0.5°C. These criteria shall apply beyond the boundaries of mixing zones and are in addition to temperature changes caused by natural conditions.

Statutory Authority

§ 62.1-44.15(3a) of the Code of Virginia.

Historical Notes

Derived from VR680-21-01.7, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.

9VAC25-260-80. Thermal discharges into lakes and impoundments.

In lakes and impoundments receiving thermal discharges, the temperature of the epilimnion, or surface water when there is no stratification, shall not be raised more than 3°C above that which existed before the addition of heat of artificial origin. The board may, on a case-by-case basis, impose a more stringent limit on temperature rise. The increase shall be based on the monthly average of the maximum daily temperature. The temperature of releases from these lakes and impoundments shall be consistent with standards established for the receiving waters. When an applicant for a permit proposes either a discharge of heated effluent into the hypolimnion or the pumping of water from the hypolimnion for return back into the same body of water, such practice shall not be approved unless a special study shows that the practice will not produce adverse effects.

Statutory Authority

§ 62.1-44.15(3a) of the Code of Virginia.

Historical Notes

Derived from VR680-21-01.8, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.

9VAC25-260-90. Thermal variances.

The temperature limits set forth in 9VAC25-260-50 through 9VAC25-260-80 may be superseded in certain locations where a thermal variance demonstration is performed in accordance with § 316(a) of the Clean Water Act.

A successful demonstration accepted by the board concerning thermal discharge limits carried out under § 316(a) of the Clean Water Act shall constitute compliance with the temperature requirements of these standards. A successful demonstration must assure the protection and propagation of a balanced indigenous population of aquatic species and wildlife in or on the water into which the discharge is made. When making a determination concerning thermal discharge limits under § 316(a) of the Clean Water Act, the board shall provide notice and opportunity for a public hearing.

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.

Historical Notes

Derived from VR680-21-01.9, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 26, Issue 12, eff. February 1, 2010.

9VAC25-260-100. [Deleted]

Historical Notes

Derived from VR680-21-01, eff. May 20, 1992.

9VAC25-260-110. Halogen ban.

A. Chlorine or other halogen compounds Bromine, bromine chloride, hypochlorite and chlorine dioxide. shall not be used for disinfection purposes or other treatment purposes including biocide applications for any treatment facility with a permitted flow of 20,000 gallons per day or more discharging to waters containing endangered or threatened species listed in subsection C of this section or to waters listed as i and ii in the River Basin Section Tables, 9VAC25-260-390 et seq. except for dischargers who intermittently chlorinate. Dischargers of less than 20,000 gallons per day shall dechlorinate to the requirements of the numerical chlorine criteria in 9VAC25-260-140 B or to a nondetectable chlorine residual. Dischargers who intermittently chlorinate (not more than two hours in any eight-hour period) shall be required to install equipment or employ procedures, or both, to ensure dechlorination to a chlorine residual that meets the numerical chlorine criteria in 9VAC25-260-140 B, and to apply effective best management practices for chlorine. Dischargers who intermittently chlorinate shall, in order to address a possible malfunction of the dechlorination system, either have storage sufficient to contain the chlorinated water until it can be dechlorinated prior to discharge or have an online redundant and operational back-up dechlorination system.

B. Variance to this requirement shall not be made unless it has been affirmatively demonstrated that the existing uses of the water will be maintained and that either a change is justifiable to provide necessary economic or social development or the degree of waste treatment necessary to preserve the existing quality cannot be economically or socially justified.

C. TENNESSEE AND BIG SANDY RIVER BASINS

CLINCH RIVER SUBBASIN

Powell River from river mile 136 (south of Jonesville) downstream to the Tennessee/Virginia line (river mile 115.8—total 20.2 miles).

Endangered Species:

Appalachian monkeyface pearly mussel

Quadrula sparsa

Birdwing pearly mussel

Conradilla caelata

Cumberland monkeyface pearly mussel

Quadrula intermedia

Dromedary pearly mussel

Dromus dromas

Fine-rayed pigtoe pearly mussel

Fusconaia cuneolus

Shiny pigtoe pearly mussel

Fusconaia edgariana

Threatened Species:

Slender chub

Hybopsis cahni

Yellowfin madtom

Noturus flavipinnis

Clinch River from river mile 323 (Richlands) downstream to the Tennessee/Virginia line (river mile 202.1).

Endangered Species:

Appalachian monkeyface pearly mussel

Quadrula sparsa

Birdwing pearly mussel

Conradilla caelata

Fine-rayed pigtoe pearly mussel

Fusconaia cuneolus

Green blossom pearly mussel

Dysnomia torulosa gubernaculum

Pink mucket pearly mussel

Lampsilis orbiculata

Shiny pigtoe pearly mussel

Fusconaia edgariana

Clinch River from the Scott/Russell County line (at Bangor—river mile 244.2) downstream to the Tennessee boundary (river mile 202.1).

Threatened Species:

Slender chub

Hybopsis cahni

Copper Creek from 2 miles above its confluence with the Clinch River (river mile 211.6).

Endangered Species:

Fine-rayed pigtoe pearly mussel

Fusconaia cuneolus

Shiny pigtoe pearly mussel

Fusconaia edgariana

Copper Creek from Dickensville (river mile 56) in Russell County downstream to its confluence with the Clinch River.

Threatened Species:

Yellowfin madtom

Noturus flavipinnis

HOLSTON RIVER SUBBASIN

North Fork Holston River from river mile 93.3 (near Broadford) downstream to the Smyth/Washington County line (river mile 82.1).

Endangered Species:

Shiny pigtoe pearly mussel

Fusconaia edgariana

North Fork Holston River from the Smyth/Washington County line (river mile 82.1) to the Tennessee/Virginia boundary (river mile 5).

Threatened Species:

Spotfin chub

Hybopsis monacha

Middle Fork Holston River from river mile 43 (in Marion) downstream to river mile 18.4.

Endangered Species:

Tan riffle shell mussel

Dysnomia walkeri

Middle Fork Holston River from river mile 6.5 to river mile 3.2 near Osceola.

Threatened Species:

Spotfin chub

Hybopsis monacha

Statutory Authority

§ 62.1-44.15(3a) of the Code of Virginia.

Historical Notes

Derived from VR680-21-01.11, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998.

9VAC25-260-120 to 9VAC25-260-130. [Repealed]

Historical Notes

Derived from VR680-21-01.12 and VR680-21-01.13, eff. May 20, 1992; repealed, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.

9VAC25-260-140. Criteria for surface water.

A. Instream water quality conditions shall not be acutely1 or chronically2 toxic except as allowed in 9VAC25-260-20 B (mixing zones). The following are definitions of acute and chronic toxicity conditions:

"Acute toxicity" means an adverse effect that usually occurs shortly after exposure to a pollutant. Lethality to an organism is the usual measure of acute toxicity. Where death is not easily detected, immobilization is considered equivalent to death.

"Chronic toxicity" means an adverse effect that is irreversible or progressive or occurs because the rate of injury is greater than the rate of repair during prolonged exposure to a pollutant. This includes low level, long-term effects such as reduction in growth or reproduction.

B. The following table is a list of numerical water quality criteria for specific parameters.

Table of Parameters6, 7

PARAMETER
CAS Number

USE DESIGNATION

AQUATIC LIFE

HUMAN HEALTH

FRESHWATER

SALTWATER

Public Water Supply3

All Other Surface Waters4

Acute1

Chronic2

Acute1

Chronic2

Acenapthene (μg/l)
83329

70

90

Acrolein (μg/l)
107028

3.0

3.0

3

400

Acrylonitrile (μg/l)
107131

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.61

70

Aldrin (μg/l)
309002

Known or suspected carcinogen; human health criteria at risk level 10-5.

3.0

1.3

0.0000077

0.0000077

Ammonia (μg/l)
766‑41‑7

Chronic criterion is a 30-day average concentration not to be exceeded more than once every three years on the average.(see 9VAC25-260-155)

Anthracene (μg/l)
120127

300

400

Antimony (μg/l)
7440360

5.6

640

Arsenic (μg/l)5
7440382

340

150

69

36

10

Bacteria
(see 9VAC25-260-160 and 9VAC25-260-170)

Barium (μg/l)
7440393

2,000

Benzene (μg/l)
71432

Known or suspected carcinogen; human health criteria at risk level 10-5

5.8

160

Benzidine (μg/l)
92875

Known or suspected carcinogen; human health criteria at risk level 10-5

0.0014

0.11

Benzo (a) anthracene (μg/l)
56553

Known or suspected carcinogen; human health criteria at risk level 10-5

0.012

0.013

Benzo (b) fluoranthene (μg/l)
205992

Known or suspected carcinogen; human health criteria at risk level 10-5

0.012

0.013

Benzo (k) fluoranthene (μg/l)
207089

Known or suspected carcinogen; human health criteria at risk level 10-5

0.12

0.13

Benzo (a) pyrene (μg/l)
50328

Known or suspected carcinogen; human health criteria at risk level 10-5

0.0012

0.0013

Bis2-Chloroethyl Ether (μg/l)
111444

Known or suspected carcinogen; human health criteria at risk level 10-5

0.30

22

Bis (chloromethyl) Ether
542881

Known or suspected carcinogen; human health criteria at risk level 10-5

0.0015

0.17

Bis2-Chloroisopropyl Ether (Bis (2-Chloro-1-methylethyl) Ether) (μg/l)
108601

200

4,000

Bis2-Ethylhexyl Phthalate (μg/l)
117817

Known or suspected carcinogen; human health criteria at risk level 10-5. Synonym = Di-2-Ethylhexyl Phthalate.

3.2

3.7

Bromoform (μg/l)
75252

Known or suspected carcinogen; human health criteria at risk level 10-5.

70

1,200

Butyl benzyl phthalate (μg/l)
85687

1.0

1.0

Cadmium (μg/l)5
7440439

Freshwater values are a function of total hardness as calcium carbonate (CaCO3) mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER e (0.9789[ln(hardness)]-3.866) (CFa)

Freshwater chronic criterion (μg/l)
WER e (0.7977[ln(hardness)]-3.909) (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 1.136672-[(ln hardness)(0.041838)]

CFc = 1.101672-[(ln hardness)(0.041838)]

1.8
CaCO3 = 100

0.72
CaCO3 = 100

33
X WER

7.9
X WER

5

Carbon tetrachloride (μg/l)
56235

Known or suspected carcinogen; human health criteria at risk level 10-5.

4.0

50

Carbaryl (μg/l)
63252

2.1

2.1

1.6

Chlordane (μg/l)
57749

Known or suspected carcinogen; human health criteria at risk level 10-5.

2.4

0.0043

0.09

0.0040

0.0031

0.0032

Chloride (μg/l)
16887006

Human health criterion to maintain acceptable taste and aesthetic quality and applies at the drinking water intake.

Chloride criteria do not apply in Class II transition zones (see subsection C of this section).

860,000

230,000

250,000

Chlorine, Total Residual (μg/l)
7782505

In DGIF class i and ii trout waters (9VAC25-260-390 through 9VAC25-260-540) or waters with threatened or endangered species are subject to the halogen ban (9VAC25-260-110).

19

See 9VAC25-260-110

11

See 9VAC25-260-110

Chlorine Produced Oxidant (μg/l)
7782505

13

7.5

Chlorobenzene (μg/l)
108907

100

800

Chlorodibromomethane (μg/l)
124481

Known or suspected carcinogen; human health criteria at risk level 10-5.

8.0

210

Chloroform (μg/l)
67663

60

2,000

2-Chloronaphthalene (μg/l)
91587

800

1,000

2-Chlorophenol (μg/l)
95578

30

800

Chlorpyrifos (μg/l)
2921882

0.083

0.041

0.011

0.0056

Chromium III (μg/l)5
16065831

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion μg/l

WER [e{0.8190[In(hardness)]+3.7256}] (CFa)

Freshwater chronic criterion μg/l
WER [e{0.8190[In(hardness)]+0.6848}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140.F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa= 0.316

CFc=0.860

570
(CaCO3 = 100)

74
(CaCO3 = 100)

100

(total Cr)

Chromium VI (μg/l)5
18540299

16

11

1,100

50

Chrysene (μg/l)
218019

Known or suspected carcinogen; human health criteria at risk level 10-5.

1.2

1.3

Copper (μg/l)5
7440508

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)

WER [e {0.9422[In(hardness)]-1.700}] (CFa)

Freshwater chronic criterion (μg/l)
WER [e {0.8545[In(hardness)]-1.702}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F.

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 0.960

CFc = 0.960

Alternate copper criteria in freshwater: the freshwater criteria for copper can also be calculated using the EPA 2007 Biotic Ligand Model (See 9VAC25-260-140 G).

Acute saltwater criterion is a 24-hour average not to be exceeded more than once every three years on the average.

13
CaCO 3 = 100

9.0
CaCO3 = 100

9.3
X WER

6.0
X WER

1,300

Cyanide, Free (μg/l)
57125

22

5.2

1.0

1.0

4

400

DDD (μg/l)
72548

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.0012

0.0012

DDE (μg/l)
72559

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.00018

0.00018

DDT (μg/l)
50293

Known or suspected carcinogen; human health criteria at risk level 10-5.

Total concentration of DDT and metabolites shall not exceed aquatic life criteria.

1.1

0.0010

0.13

0.0010

0.00030

0.00030

Demeton (μg/l)
8065483

0.1

0.1

Diazinon (μg/l)
333415

0.17

0.17

0.82

0.82

Dibenz (a, h) anthracene (μg/l)
53703

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.0012

0.0013

1,2-Dichlorobenzene (μg/l)

95501

1,000

3,000

1,3-Dichlorobenzene (μg/l)

541731

7

10

1,4 Dichlorobenzene (μg/l)
106467

300

900

3,3 Dichlorobenzidine (μg/l)
91941

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.49

1.5

Dichlorobromomethane (μg/l)
75274

Known or suspected carcinogen; human health criteria at risk level 10-5.

9.5

270

1,2 Dichloroethane (μg/l)
107062

Known or suspected carcinogen; human health criteria at risk level 10-5.

99

6,500

1,1 Dichloroethylene (μg/l)
75354

300

20,000

1,2-trans-dichloroethylene (μg/l)
156605

100

4,000

2,4 Dichlorophenol (μg/l)
120832

10

60

2,4 Dichlorophenoxy acetic acid (Chlorophenoxy Herbicide) (2,4-D) (μg/l)
94757

1,300

12,000

1,2-Dichloropropane (μg/l)
78875

Known or suspected carcinogen; human health criteria at risk level 10-5.

9.0

310

1,3-Dichloropropene (μg/l)
542756

Known or suspected carcinogen; human health criteria at risk level 10-5.

2.7

120

Dieldrin (μg/l)
60571

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.24

0.056

0.71

0.0019

0.000012

0.000012

Diethyl Phthalate (μg/l)
84662

600

600

2,4 Dimethylphenol (μg/l)
105679

100

3,000

Dimethyl Phthalate (μg/l)
131113

2,000

2,000

Di-n-Butyl Phthalate (μg/l)
84742

20

30

2,4 Dinitrophenol (μg/l)
51285

10

300

Dinitrophenols (μg/l)
25550587

10

1,000

2-Methyl-4,6-Dinitrophenol (μg/l)
534521

2

30

2,4 Dinitrotoluene (μg/l)
121142

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.49

17

Dioxin 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin (μg/l)
1746016

5.0 E-8

5.1 E-8

1,2-Diphenylhydrazine (μg/l)
122667

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.3

2.0

Dissolved Oxygen (μg/l)
(See 9VAC25-260-50)

Alpha-Endosulfan (μg/l)
959988

Total concentration alpha and beta-endosulfan shall not exceed aquatic life criteria.

0.22

0.056

0.034

0.0087

20

30

Beta-Endosulfan (μg/l)
33213659

Total concentration alpha and beta-endosulfan shall not exceed aquatic life criteria.

0.22

0.056

0.034

0.0087

20

40

Endosulfan Sulfate (μg/l)
1031078

20

40

Endrin (μg/l)
72208

0.086

0.036

0.037

0.0023

0.03

0.03

Endrin Aldehyde (μg/l)
7421934

1

1

Ethylbenzene (μg/l)
100414

68

130

Fecal Coliform
(see 9VAC25-260-160)

Fluoranthene (μg/l)
206440

20

20

Fluorene (μg/l)
86737

50

70

Foaming Agents (μg/l)

Criterion measured as methylene blue active substances. Criterion to maintain acceptable taste, odor, or aesthetic quality of drinking water and applies at the drinking water intake.

500

Guthion (μg/l)
86500

0.01

0.01

Heptachlor (μg/l)
76448

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.52

0.0038

0.053

0.0036

0.000059

0.000059

Heptachlor Epoxide (μg/l)
1024573

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.52

0.0038

0.053

0.0036

0.00032

0.00032

Hexachlorobenzene (μg/l)
118741

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.00079

0.00079

Hexachlorobutadiene (μg/l)
87683

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.1

0.1

Hexachlorocyclohexane Alpha-BHC (μg/l)
319846

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.0036

0.0039

Hexachlorocyclohexane Beta-BHC (μg/l)
319857

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.080

0.14

Hexachlorocyclohexane (μg/l) (Lindane)

Gamma-BHC
58899

0.95

0.16

4.2

4.4

Hexachlorocyclohexane (HCH)-Technical (μg/l)

608731

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.066

0.1

Hexachlorocyclopentadiene (μg/l)
77474

4

4

Hexachloroethane (μg/l)
67721

Known or suspected carcinogen; human health criteria at risk level 10-5.

1

1

Hydrogen sulfide (μg/l)
7783064

2.0

2.0

Indeno (1,2,3,-cd) pyrene (μg/l)
193395

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.012

0.013

Iron (μg/l)
7439896

Criterion to maintain acceptable taste, odor, or aesthetic quality of drinking water and applies at the drinking water intake.

300

Isophorone (μg/l)
78591

Known or suspected carcinogen; human health criteria at risk level 10-5.

340

18,000

Kepone (μg/l)
143500

zero

zero

Lead (μg/l)5
7439921

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the water effect ratio. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {1.273[In(hardness)]-1.084}](CFa)

Freshwater chronic criterion (μg/l)
WER [e {1.273[In(hardness)]-3.259}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 1.46203-[(ln hardness)(0.145712)]

CFc = 1.46203-[(ln hardness)(0.145712)]

94
CaCO3 = 100

11
CaCO3 = 100

230 X WER

8.8 X WER

15

Malathion (μg/l)
121755

0.1

0.1

Mercury (μg/l) 5
7439976

1.4

0.77

1.8

0.94

Methyl Bromide (μg/l)
74839

100

10,000

3-Methyl-4-Chlorophenol
59507

500

2,000

Methyl Mercury (Fish Tissue Criterion mg/kg) 8
22967926

0.30

0.30

Methylene Chloride (μg/l)
75092

Known or suspected carcinogen; human health criteria at risk level 10-5. Synonym = Dichloromethane

20

1,000

Methoxychlor (μg/l)
72435

0.03

0.03

0.02

0.02

Mirex (μg/l)
2385855

zero

zero

Nickel (μg/l)5
744002

Freshwater values are a function of total hardness as calcium carbonate CaCO3 mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {0.8460[In(hardness)] + 1.312}] (CFa)

Freshwater chronic criterion (μg/l)
WER [e {0.8460[In(hardness)] - 0.8840}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 0.998

CFc = 0.997

180
CaCO3 = 100

20
CaCO3 = 100

74 X WER

8.2 X WER

610

4,600

Nitrate as N (μg/l)
14797558

10,000

Nitrobenzene (μg/l)
98953

10

600

N-Nitrosodimethylamine (μg/l)
62759

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.0069

30

N-Nitrosodiphenylamine (μg/l)
86306

Known or suspected carcinogen; human health criteria at risk level 10-5.

33

60

N-Nitrosodi-n-propylamine (μg/l)
621647

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.050

5.1

Nonylphenol (μg/l)
84852153

28

6.6

7.0

1.7

Parathion (μg/l)
56382

0.065

0.013

PCB Total (μg/l)
1336363

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.014

0.030

0.00064

0.00064

Pentachlorobenzene (μg/l)
608935

0.1

0.1

Pentachlorophenol (μg/l)
87865

Known or suspected carcinogen; human health criteria risk level at 10-5.

Freshwater acute criterion (μg/l)
e (1.005(pH)-4.869)

Freshwater chronic criterion (μg/l)
e (1.005(pH)-5.134)

8.7
pH = 7.0

6.7
pH = 7.0

13

7.9

0.3

0.4

pH

See 9VAC25-260-50

Phenol (μg/l)
108952

4,000

300,000

Phosphorus Elemental (μg/l)
7723140

0.10

Pyrene (μg/l)
129000

20

30

Radionuclides

Gross Alpha Particle Activity (pCi/L)

15

Beta Particle & Photon Activity (mrem/yr) (formerly man-made radionuclides)

4

Combined Radium 226 and 228 (pCi/L)

5

Uranium (μg/L)

30

Selenium (μg/l)5
7782492

WER shall not be used for freshwater acute and chronic criteria. Freshwater criteria expressed as total recoverable.

20

5.0

290 X WER

71
X WER

170

4,200

Silver (μg/l)5
7440224

Freshwater values are a function of total hardness as calcium carbonate (CaCO3) mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {1.72[In(hardness)]-6.52}] (CFa)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a

(acute) or c (chronic)

CFa = 0.85

3.4; CaCO3 = 100

1.9 X WER

Sulfate (μg/l)

Criterion to maintain acceptable taste, odor, or aesthetic quality of drinking water and applies at the drinking water intake.

250,000

Temperature

See 9VAC25-260-50

1,2,4,5-Tetrachlorobenzene

95943

0.03

0.03

1,1,2,2-Tetrachloroethane (μg/l)
79345

Known or suspected carcinogen; human health criteria at risk level 10-5.

2.0

30

Tetrachloroethylene (μg/l)
127184

Known or suspected carcinogen; human health criteria at risk level 10-5.

100

290

Thallium (μg/l)
7440280

0.24

0.47

Toluene (μg/l)
108883

57

6,000 520

Total Dissolved Solids (μg/l)
Criterion to maintain acceptable taste, odor or aesthetic quality of drinking water and applies at the drinking water intake.

500,000

Toxaphene (μg/l)
8001352

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.73

0.0002

0.21

0.0002

0.0070

0.0071

Tributyltin (μg/l)
60105

0.46

0.072

0.42

0.0074

1, 2, 4 Trichlorobenzene (μg/l)
120821

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.71

0.76

1,1,1-Trichloroethane
71556

10,000

200,000

1,1,2-Trichloroethane (μg/l)
79005

Known or suspected carcinogen; human health criteria at risk level 10-5.

5.5

89

Trichloroethylene (μg/l)
79016

Known or suspected carcinogen; human health criteria at risk level 10-5.

6.0

70

2, 4, 5 –Trichlorophenol
95954

300

600

2, 4, 6-Trichlorophenol (μg/l)
88062

Known or suspected carcinogen; human health criteria at risk level 10-5.

15

28

2-(2, 4, 5-Trichlorophenoxy) propionic acid (Silvex) (μg/l)
93721

100

400

Vinyl Chloride (μg/l)
75014

Known or suspected carcinogen; human health criteria at risk level 10-5.

0.22

16

Zinc (μg/l)5
7440666

Freshwater values are a function of total hardness as calcium carbonate (CaCO3) mg/l and the WER. The minimum hardness allowed for use in the equation below shall be 25 and the maximum, hardness shall be 400 even when the actual ambient hardness is less than 25 or greater than 400.

Freshwater acute criterion (μg/l)
WER [e {0.8473[In(hardness)]+0.884}](CFa)

Freshwater chronic criterion (μg/l)
WER [e{0.8473[In(hardness)]+0.884}] (CFc)

WER = Water Effect Ratio = 1 unless determined otherwise under 9VAC25-260-140 F

e = natural antilogarithm

ln = natural logarithm

CF = conversion factor a (acute) or c (chronic)

CFa = 0.978

CFc = 0.986

120 CaCO3 = 100

120 CaCO3 = 100

90
X WER

81
X WER

7,400

26,000

1One hour average concentration not to be exceeded more than once every 3 years on the average, unless otherwise noted.

2Four-day average concentration not to be exceeded more than once every 3 years on the average, unless otherwise noted.

3Criteria have been calculated to protect human health from toxic effects through drinking water and fish consumption, unless otherwise noted and apply in segments designated as PWS in 9VAC25-260-390 through 9VAC25-260-540.

4Criteria have been calculated to protect human health from toxic effects through fish consumption, unless otherwise noted and apply in all other surface waters not designated as PWS in 9VAC25-260-390 through 9VAC25-260-540.

5Acute and chronic saltwater and freshwater aquatic life criteria apply to the biologically available form of the metal and apply as a function of the pollutant's water effect ratio (WER) as defined in 9VAC25-260-140 F (WER X criterion). Metals measured as dissolved shall be considered to be biologically available, or, because local receiving water characteristics may otherwise affect the biological availability of the metal, the biologically available equivalent measurement of the metal can be further defined by determining a water effect ratio (WER) and multiplying the numerical value shown in 9VAC25-260-140 B by the WER. Refer to 9VAC25-260-140 F. Values displayed above in the table are examples and correspond to a WER of 1.0. Metals criteria have been adjusted to convert the total recoverable fraction to dissolved fraction using a conversion factor. Criteria that change with hardness have the conversion factor listed in the table above.

6The flows listed below are default design flows for calculating steady state wasteload allocations unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of the water quality criteria.

Aquatic Life:

Acute criteria

1Q10

Chronic criteria

7Q10

Chronic criteria (ammonia)

30Q10

Human Health:

Noncarcinogens

30Q5

Carcinogens

Harmonic mean

The following are defined for this section:

"1Q10" means the lowest flow averaged over a period of 1 day which on a statistical basis can be expected to occur once every 10 climatic years.

"7Q10" means the lowest flow averaged over a period of 7 consecutive days that can be statistically expected to occur once every 10 climatic years.

"30Q5" means the lowest flow averaged over a period of 30 consecutive days that can be statistically expected to occur once every 5 climatic years.

"30Q10" means the lowest flow averaged over a period of 30 consecutive days that can be statistically expected to occur once every 10 climatic years.

"Averaged" means an arithmetic mean.

"Climatic year" means a year beginning on April 1 and ending on March 31.

7The criteria listed in this table are two significant digits. For other criteria that are referenced to other sections of this regulation in this table, all numbers listed as criteria values are significant.

8The fish tissue criterion for methylmercury applies to a concentration of 0.30 mg/kg as wet weight in edible tissue for species of fish and shellfish resident in a waterbody that are commonly eaten in the area and have commercial, recreational, or subsistence value.

C. Application of freshwater and saltwater numerical criteria. The numerical water quality criteria listed in subsection B of this section (excluding dissolved oxygen, pH, temperature) shall be applied according to the following classes of waters (see 9VAC25-260-50) and boundary designations:

CLASS OF WATERS

NUMERICAL CRITERIA

I and II (Estuarine Waters)

Saltwater criteria apply

II (Transition Zone)

More stringent of either the freshwater or saltwater criteria apply

II (Tidal Freshwater), III, IV, V, VI and VII

Freshwater criteria apply

The following describes the boundary designations for Class II, (estuarine, transition zone and tidal freshwater waters) by river basin:

1. Rappahannock Basin. Tidal freshwater is from the fall line of the Rappahannock River to the upstream boundary of the transition zone including all tidal tributaries that enter the tidal freshwater Rappahannock River.

Transition zone upstream boundary – N38° 4' 56.59"/W76° 58' 47.93" (430 feet east of Hutchinson Swamp) to N38° 5' 23.33"/W76° 58' 24.39" (0.7 miles upstream of Peedee Creek).

Transition zone downstream boundary – N37° 58' 45.80"/W76° 55' 28.75" (1,000 feet downstream of Jenkins Landing) to N37° 59' 20.07/W76° 53' 45.09" (0.33 miles upstream of Mulberry Point). All tidal waters that enter the transition zone are themselves transition zone waters.

Estuarine waters are from the downstream boundary of the transition zone to the mouth of the Rappahannock River (Buoy 6), including all tidal tributaries that enter the estuarine waters of the Rappahannock River.

2. York Basin. Tidal freshwater is from the fall line of the Mattaponi River at N37° 47' 20.03"/W77° 6' 15.16" (800 feet upstream of the Route 360 bridge in Aylett) to the upstream boundary of the Mattaponi River transition zone, and from the fall line of the Pamunkey River at N37° 41' 22.64"/W77° 12' 50.83" (2,000 feet upstream of Totopotomy Creek) to the upstream boundary of the Pamunkey River transition zone, including all tidal tributaries that enter the tidal freshwaters of the Mattaponi and Pamunkey Rivers.

Mattaponi River transition zone upstream boundary – N37° 39' 29.65"/W76° 52' 53.29" (1,000 feet upstream of Mitchell Hill Creek) to N37° 39' 24.20"/W76° 52' 55.87" (across from Courthouse Landing).

Mattaponi River transition zone downstream boundary – N37° 32' 19.76"/W76° 47' 29.41" (old Lord Delaware Bridge, west side) to N37° 32' 13.25"/W76° 47' 10.30" (old Lord Delaware Bridge, east side).

Pamunkey River transition zone upstream boundary – N37° 32' 36.63"/W76° 58' 29.88" (Cohoke Marsh, 0.9 miles upstream of Turkey Creek) to N37° 32' 36.51"/W76° 58' 36.48" (0.75 miles upstream of creek at Cook Landing).

Pamunkey River transition zone downstream boundary – N37° 31' 57.90"/W76° 48' 38.22" (old Eltham Bridge, west side) to N37° 32' 6.25"/W76° 48' 18.82" (old Eltham Bridge, east side).

All tidal tributaries that enter the transition zones of the Mattaponi and Pamunkey Rivers are themselves in the transition zone.

Estuarine waters are from the downstream boundary of the transition zones of the Mattaponi and Pamunkey Rivers to the mouth of the York River (Tue Marsh Light) including all tidal tributaries that enter the estuarine waters of the York River.

3. James Basin. Tidal freshwater is from the fall line of the James River in the City of Richmond upstream of Mayo Bridge to the upstream boundary of the transition zone, including all tidal tributaries that enter the tidal freshwater James River.

James River transition zone upstream boundary – N37° 14' 28.25"/W76° 56' 44.47" (at Tettington) to N37° 13' 38.56"/W76° 56' 47.13" (0.3 miles downstream of Sloop Point).

Chickahominy River transition zone upstream boundary – N37° 25' 44.79"/W77° 1' 41.76" (Holly Landing).

Transition zone downstream boundary – N37° 12' 7.23"/W76° 37' 34.70" (near Carters Grove Home, 1.25 miles downstream of Grove Creek) to N37° 9' 17.23"/W76° 40' 13.45" (0.7 miles upstream of Hunnicutt Creek). All tidal waters that enter the transition zone are themselves transition zone waters.

Estuarine waters are from the downstream transition zone boundary to the mouth of the James River (Buoy 25) including all tidal tributaries that enter the estuarine waters of the James River.

4. Potomac Basin. Tidal freshwater includes all tidal tributaries that enter the Potomac River from its fall line at the Chain Bridge (N38° 55' 46.28"/W77° 6' 59.23") to the upstream transition zone boundary near Quantico, Virginia.

Transition zone includes all tidal tributaries that enter the Potomac River from N38° 31' 27.05"/W77° 17' 7.06" (midway between Shipping Point and Quantico Pier) to N38° 23' 22.78"/W77° 1' 45.50" (one mile southeast of Mathias Point).

Estuarine waters includes all tidal tributaries that enter the Potomac River from the downstream transition zone boundary to the mouth of the Potomac River (Buoy 44B).

5. Chesapeake Bay, Atlantic Ocean, and small coastal basins. Estuarine waters include the Atlantic Ocean tidal tributaries, and the Chesapeake Bay and its small coastal basins from the Virginia state line to the mouth of the bay (a line from Cape Henry drawn through Buoys 3 and 8 to Fishermans Island), and its tidal tributaries, excluding the Potomac tributaries and those tributaries listed in subdivisions 1 through 4 of this subsection.

6. Chowan River Basin. Tidal freshwater includes the Northwest River and its tidal tributaries from the Virginia-North Carolina state line to the free flowing portion, the Blackwater River and its tidal tributaries from the Virginia-North Carolina state line to the end of tidal waters at approximately state route 611 at river mile 20.90, the Nottoway River and its tidal tributaries from the Virginia-North Carolina state line to the end of tidal waters at approximately Route 674, and the North Landing River and its tidal tributaries from the Virginia-North Carolina state line to the Great Bridge Lock.

Transition zone includes Back Bay and its tributaries in the City of Virginia Beach to the Virginia-North Carolina state line.

D. Site-specific modifications to numerical water quality criteria.

1. The board may consider site-specific modifications to numerical water quality criteria in subsection B of this section where the applicant or permittee demonstrates that the alternate numerical water quality criteria are sufficient to protect all designated uses (see 9VAC25-260-10) of that particular surface water segment or body.

2. Any demonstration for site-specific human health criteria shall be restricted to a reevaluation of the bioconcentration or bioaccumulation properties of the pollutant. The exceptions to this restriction are for site-specific criteria for taste, odor, and aesthetic compounds noted by double asterisks in subsection B of this section and nitrates.

3. Procedures for promulgation and review of site-specific modifications to numerical water quality criteria resulting from subdivisions 1 and 2 of this subsection.

a. Proposals describing the details of the site-specific study shall be submitted to the board's staff for approval prior to commencing the study.

b. Any site-specific modification shall be promulgated as a regulation in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). All site-specific modifications shall be listed in 9VAC25-260-310 (Special standards and requirements).

E. Variances to water quality standards.

1. A variance from numeric criteria may be granted to a discharger if it can be demonstrated that one or more of the conditions in 9VAC25-260-10 H limit the attainment of one or more specific designated uses.

a. Variances shall apply only to the discharger to whom they are granted and shall be reevaluated and either continued, modified, or revoked at the time of permit issuance. At that time the permittee shall make a showing that the conditions for granting the variance still apply.

b. Variances shall be described in the public notice published for the permit. The decision to approve a variance shall be subject to the public participation requirements of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation, 9VAC25-31.

c. Variances shall not prevent the maintenance and protection of existing uses or exempt the discharger or regulated activity from compliance with other appropriate technology or water quality-based limits or best management practices.

d. Variances granted under this section shall not apply to new discharges.

e. Variances shall be submitted by the department's Division of Scientific Research or its successors to the U.S. Environmental Protection Agency for review and approval or disapproval.

f. A list of variances granted shall be maintained by the department's Division of Scientific Research or its successors.

2. None of the variances in this subsection shall apply to the halogen ban section (9VAC25-260-110) or temperature criteria in 9VAC25-260-50 if superseded by § 316(a) of the Clean Water Act requirements. No variances in this subsection shall apply to the criteria that are designed to protect human health from carcinogenic and noncarcinogenic toxic effects (subsection B of this section) with the exception of the metals, and the taste, odor, and aesthetic compounds noted by double asterisks and nitrates, listed in subsection B of this section.

F. Water effect ratio.

1. A water effects ratio (WER) shall be determined by measuring the effect of receiving water (as it is or will be affected by any discharges) on the bioavailability or toxicity of a metal by using standard test organisms and a metal to conduct toxicity tests simultaneously in receiving water and laboratory water. The ratio of toxicities of the metals in the two waters is the WER (toxicity in receiving water divided by toxicity in laboratory water equals WER). Once an acceptable WER for a metal is established, the numerical value for the metal in subsection B of this section is multiplied by the WER to produce an instream concentration that will protect designated uses. This instream concentration shall be utilized in permitting decisions.

2. The WER shall be assigned a value of 1.0 unless the applicant or permittee demonstrates to the department's satisfaction in a permit proceeding that another value is appropriate, or unless available data allow the department to compute a WER for the receiving waters. The applicant or permittee is responsible for proposing and conducting the study to develop a WER. The study may require multiple testing over several seasons. The applicant or permittee shall obtain the department's Division of Scientific Research or its successor approval of the study protocol and the final WER.

3. 9VAC25-31-230 C requires that permit limits for metals be expressed as total recoverable measurements. To that end, the study used to establish the WER may be based on total recoverable measurements of the metals.

4. The WER is established in a permit proceeding, shall be described in the public notice associated with the permit proceeding, and applies only to the applicant or permittee in that proceeding. The department's action to approve or disapprove a WER is a case decision, not an amendment to the present regulation.

The decision to approve or disapprove a WER shall be subject to the public participation requirements of Virginia Pollutant Discharge Elimination System (VPDES) Regulation, Part IV (9VAC25-31-260 et seq.). A list of final WERs will be maintained by the department's Division of Scientific Research or its successor.

5. A WER shall not be used for the freshwater and saltwater chronic mercury criteria or the freshwater acute and chronic selenium criteria.

G. Biotic Ligand Model for copper. On a case-by-case basis, EPA's 2007 copper criteria (EPA-822-F-07-001) biotic ligand model (BLM) for copper may be used to determine alternate copper criteria for freshwater sites. The BLM is a bioavailability model that uses receiving water characteristics to develop site-specific criteria. Site-specific data for 10 parameters are needed to use the BLM. These parameters are temperature, pH, dissolved organic carbon, calcium, magnesium, sodium, potassium, sulfate, chloride, and alkalinity. If sufficient data for these parameters are available, the BLM can be used to calculate alternate criteria values for the copper criteria. The BLM would be used instead of the hardness-based criteria and takes the place of the hardness adjustment and the WER. A WER will not be applicable with the BLM.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from VR680-21-01.14B, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 20, Issue 9, eff. February 12, 2004; amended, Virginia Register Volume 26, Issue 12, eff. February 1, 2010; Errata, 26:12 VA.R. 2065 February 15, 2010; Volume 32, Issue 26, eff. July 27, 2017; amended Virginia Register Volume 36, Issue 6, eff. October 21, 2019.

9VAC25-260-150. [Repealed]

Historical Notes

Derived from VR680-21-01.15, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; repealed, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-260-155. Ammonia surface water quality criteria.

A. The one-hour average concentration of total ammonia nitrogen (in mg N/L) in freshwater shall not exceed, more than once every three years on the average1, the acute criteria below:

Acute Ammonia Freshwater Criteria
Total Ammonia Nitrogen (mg N/L)

pH

Trout Present

Trout Absent

6.5

32.6

48.8

6.6

31.3

46.8

6.7

29.8

44.6

6.8

28.1

42.0

6.9

26.2

39.1

7.0

24.1

36.1

7.1

22.0

32.8

7.2

19.7

29.5

7.3

17.5

26.2

7.4

15.4

23.0

7.5

13.3

19.9

7.6

11.4

17.0

7.7

9.65

14.4

7.8

8.11

12.1

7.9

6.77

10.1

8.0

5.62

8.40

8.1

4.64

6.95

8.2

3.83

5.72

8.3

3.15

4.71

8.4

2.59

3.88

8.5

2.14

3.20

8.6

1.77

2.65

8.7

1.47

2.20

8.8

1.23

1.84

8.9

1.04

1.56

9.0

0.885

1.32

The acute criteria for trout present shall apply to all Class V-Stockable Trout Waters and Class VI-Natural Trout Waters as listed in 9VAC25-260-390 through 9VAC25-260-540.

To calculate total ammonia nitrogen acute criteria values in freshwater at different pH values than those listed in this subsection, use the following formulas:

Where trout are present:

Acute Criterion Concentration (mg N/L) =

0.275

+

39.0

(1 + 107.204-pH)

(1 + 10pH-7.204)

Or where trout are absent:

Acute Criterion Concentration (mg N/L) =

0.411

+

58.4

(1 + 107.204-pH)

(1 + 10pH-7.204)

1The default design flow for calculating steady state waste load allocations for the acute ammonia criterion is the 1Q10 (see 9VAC25-260-140 B footnote 10) unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of the water quality criteria.

B. The 30-day average concentration of total ammonia nitrogen (in mg N/L) where early life stages of fish are present in freshwater shall not exceed, more than once every three years on the average2, the chronic criteria below:

Chronic Ammonia Freshwater Criteria
Early Life Stages of Fish Present
Total Ammonia Nitrogen (mg N/L)

Temperature (°C)

pH

0

14

16

18

20

22

24

26

28

30

6.5

6.67

6.67

6.06

5.33

4.68

4.12

3.62

3.18

2.80

2.46

6.6

6.57

6.57

5.97

5.25

4.61

4.05

3.56

3.13

2.75

2.42

6.7

6.44

6.44

5.86

5.15

4.52

3.98

3.50

3.07

2.70

2.37

6.8

6.29

6.29

5.72

5.03

4.42

3.89

3.42

3.00

2.64

2.32

6.9

6.12

6.12

5.56

4.89

4.30

3.78

3.32

2.92

2.57

2.25

7.0

5.91

5.91

5.37

4.72

4.15

3.65

3.21

2.82

2.48

2.18

7.1

5.67

5.67

5.15

4.53

3.98

3.50

3.08

2.70

2.38

2.09

7.2

5.39

5.39

4.90

4.31

3.78

3.33

2.92

2.57

2.26

1.99

7.3

5.08

5.08

4.61

4.06

3.57

3.13

2.76

2.42

2.13

1.87

7.4

4.73

4.73

4.30

3.78

3.32

2.92

2.57

2.26

1.98

1.74

7.5

4.36

4.36

3.97

3.49

3.06

2.69

2.37

2.08

1.83

1.61

7.6

3.98

3.98

3.61

3.18

2.79

2.45

2.16

1.90

1.67

1.47

7.7

3.58

3.58

3.25

2.86

2.51

2.21

1.94

1.71

1.50

1.32

7.8

3.18

3.18

2.89

2.54

2.23

1.96

1.73

1.52

1.33

1.17

7.9

2.80

2.80

2.54

2.24

1.96

1.73

1.52

1.33

1.17

1.03

8.0

2.43

2.43

2.21

1.94

1.71

1.50

1.32

1.16

1.02

0.897

8.1

2.10

2.10

1.91

1.68

1.47

1.29

1.14

1.00

0.879

0.773

8.2

1.79

1.79

1.63

1.43

1.26

1.11

0.973

0.855

0.752

0.661

8.3

1.52

1.52

1.39

1.22

1.07

0.941

0.827

0.727

0.639

0.562

8.4

1.29

1.29

1.17

1.03

0.906

0.796

0.700

0.615

0.541

0.475

8.5

1.09

1.09

0.990

0.870

0.765

0.672

0.591

0.520

0.457

0.401

8.6

0.920

0.920

0.836

0.735

0.646

0.568

0.499

0.439

0.386

0.339

8.7

0.778

0.778

0.707

0.622

0.547

0.480

0.422

0.371

0.326

0.287

8.8

0.661

0.661

0.601

0.528

0.464

0.408

0.359

0.315

0.277

0.244

8.9

0.565

0.565

0.513

0.451

0.397

0.349

0.306

0.269

0.237

0.208

9.0

0.486

0.486

0.442

0.389

0.342

0.300

0.264

0.232

0.204

0.179

To calculate total ammonia nitrogen chronic criteria values in freshwater when fish early life stages are present at different pH and temperature values than those listed in this subsection, use the following formulas:

Chronic Criteria Concentration =

(

0.0577

+

2.487

)

x MIN

(1 + 107.688-pH)

(1 + 10pH-7.688)

Where MIN = 2.85 or 1.45 x 100.028(25-T), whichever is less.

T = temperature in °C

2The default design flow for calculating steady state waste load allocations for the chronic ammonia criterion where early life stages of fish are present is the 30Q10 (see 9VAC25-260-140 B footnote 10) unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of the water quality criteria.

C. The 30-day average concentration of total ammonia nitrogen (in mg N/L) where early life stages of fish are absent (procedures for making this determination are in subdivisions 1 through 4 of this subsection) in freshwater shall not exceed, more than once every three years on the average3, the chronic criteria below:

Chronic Ammonia Freshwater Criteria
Early Life Stages of Fish Absent
Total Ammonia Nitrogen (mg N/L)

Temperature (°C)

pH

0-7

8

9

10

11

12

13

14

15

16

6.5

10.8

10.1

9.51

8.92

8.36

7.84

7.35

6.89

6.46

6.06

6.6

10.7

9.99

9.37

8.79

8.24

7.72

7.24

6.79

6.36

5.97

6.7

10.5

9.81

9.20

8.62

8.08

7.58

7.11

6.66

6.25

5.86

6.8

10.2

9.58

8.98

8.42

7.90

7.40

6.94

6.51

6.10

5.72

6.9

9.93

9.31

8.73

8.19

7.68

7.20

6.75

6.33

5.93

5.56

7.0

9.60

9.00

8.43

7.91

7.41

6.95

6.52

6.11

5.73

5.37

7.1

9.20

8.63

8.09

7.58

7.11

6.67

6.25

5.86

5.49

5.15

7.2

8.75

8.20

7.69

7.21

6.76

6.34

5.94

5.57

5.22

4.90

7.3

8.24

7.73

7.25

6.79

6.37

5.97

5.60

5.25

4.92

4.61

7.4

7.69

7.21

6.76

6.33

5.94

5.57

5.22

4.89

4.59

4.30

7.5

7.09

6.64

6.23

5.84

5.48

5.13

4.81

4.51

4.23

3.97

7.6

6.46

6.05

5.67

5.32

4.99

4.68

4.38

4.11

3.85

3.61

7.7

5.81

5.45

5.11

4.79

4.49

4.21

3.95

3.70

3.47

3.25

7.8

5.17

4.84

4.54

4.26

3.99

3.74

3.51

3.29

3.09

2.89

7.9

4.54

4.26

3.99

3.74

3.51

3.29

3.09

2.89

2.71

2.54

8.0

3.95

3.70

3.47

3.26

3.05

2.86

2.68

2.52

2.36

2.21

8.1

3.41

3.19

2.99

2.81

2.63

2.47

2.31

2.17

2.03

1.91

8.2

2.91

2.73

2.56

2.40

2.25

2.11

1.98

1.85

1.74

1.63

8.3

2.47

2.32

2.18

2.04

1.91

1.79

1.68

1.58

1.48

1.39

8.4

2.09

1.96

1.84

1.73

1.62

1.52

1.42

1.33

1.25

1.17

8.5

1.77

1.66

1.55

1.46

1.37

1.28

1.20

1.13

1.06

0.990

8.6

1.49

1.40

1.31

1.23

1.15

1.08

1.01

0.951

0.892

0.836

8.7

1.26

1.18

1.11

1.04

0.976

0.915

0.858

0.805

0.754

0.707

8.8

1.07

1.01

0.944

0.885

0.829

0.778

0.729

0.684

0.641

0.601

8.9

0.917

0.860

0.806

0.756

0.709

0.664

0.623

0.584

0.548

0.513

9.0

0.790

0.740

0.694

0.651

0.610

0.572

0.536

0.503

0.471

0.442

At 15°C and above, the criterion for fish early life stages absent is the same as the criterion for fish early life stages present.

To calculate total ammonia nitrogen chronic criteria values in freshwater when fish early life stages are absent at different pH and temperature values than those listed in this subsection, use the following formulas:

Chronic Criteria Concentration =

(

0.0577

+

2.487

)

x 1.45(100.028(25-MAX))

(1 + 107.688-pH)

(1 + 10pH-7.688)

MAX = temperature in °C or 7, whichever is greater.

3The default design flow for calculating steady state waste load allocations for the chronic ammonia criterion where early life stages of fish are absent is the 30Q10 (see 9VAC25-260-140 B footnote 10) unless statistically valid methods are employed that demonstrate compliance with the duration and return frequency of the water quality criteria.

1. Site-specific modifications to the ambient water quality criteria for ammonia to account for the absence of early life stages of fish shall be conducted in accordance with the procedures contained in this subdivision. Because the department presumes that most state waterbodies have early life stages of fish present during most times of the year, the criteria shall be calculated assuming early life stages of fish are present using subsection B of this section unless the following demonstration that early life stages are absent is successfully completed. Early life stages of fish are defined in subdivision 2 of this subsection. Modifications to the ambient water quality criteria for ammonia based on the presence or absence of early life stages of fish shall only apply at temperatures below 15°C.

a. During the review of any new or existing activity that has a potential to discharge ammonia in amounts that may cause or contribute to a violation of the ammonia criteria contained in subsection B of this section, the department may examine data from the following approved sources in subdivisions 1 a (1) through (5) of this subsection or may require the gathering of data in accordance with subdivisions 1 a (1) through (5) on the presence or absence of early life stages of fish in the affected waterbody.

(1) Species and distribution data contained in the Virginia Department of Game and Inland Fisheries Wildlife Information System database.

(2) Species and distribution data contained in Freshwater Fishes of Virginia, 1994.

(3) Data and fish species distribution maps contained in Handbook for Fishery Biology, Volume 3, 1997.

(4) Field data collected in accordance with U.S. EPA's Rapid Bioassessment Protocols for Use in Streams and Wadeable Rivers, Second Edition, EPA 841-B-99-002. Field data must comply with all quality assurance/quality control criteria.

(5) The American Society for Testing and Materials (ASTM) Standard E-1241-88, Standard Guide for Conducting Early Life-Stage Toxicity Tests with Fishes.

b. If data or information from sources other than subdivisions 1 a (1) through (5) of this subsection are considered, then any resulting site-specific criteria modifications shall be reviewed and adopted in accordance with the site-specific criteria provisions in 9VAC25-260-140 D, and submitted to EPA for review and approval.

c. If the department determines that the data and information obtained from subdivisions 1 a (1) through (5) of this subsection demonstrate that there are periods of each year when no early life stages are expected to be present for any species of fish that occur at the site, the department shall issue a notice to the public and make available for public comment the supporting data and analysis along with the department's preliminary decision to authorize the site-specific modification to the ammonia criteria. Such information shall include, at a minimum:

(1) Sources of data and information.

(2) List of fish species that occur at the site as defined by subdivision 3 of this subsection.

(3) Definition of the site. Definition of a "site" can vary in geographic size from a stream segment to a watershed to an entire eco-region.

(4) Duration of early life stage for each species in subdivision 1 c (2) of this subsection.

(5) Dates when early life stages of fish are expected to be present for each species in subdivision 1 c (2) of this subsection.

(6) Based on subdivision 1 c (5) of this subsection, identify the dates (beginning date, ending date), if any, where no early life stages are expected to be present for any of the species identified in subdivision 1 c (2) of this subsection.

d. If, after reviewing the public comments received in subdivision 1 c of this subsection and supporting data and information, the department determines that there are times of the year where no early life stages are expected to be present for any fish species that occur at the site, then the applicable ambient water quality criteria for ammonia for those time periods shall be calculated using the table in this subsection, or the formula for calculating the chronic criterion concentration for ammonia when fish early life stages are absent.

e. The department shall maintain a comprehensive list of all sites where the department has determined that early life stages of fish are absent. For each site the list will identify the waterbodies affected and the corresponding times of the year that early life stages are absent. This list is available either upon request from the Office of Water Quality Programs at P.O. Box 1105, Richmond, Virginia 23218 or from the department website http://www.deq.virginia.gov/wqs.

2. The duration of the "early life stages" extends from the beginning of spawning through the end of the early life stages. The early life stages include the prehatch embryonic period, the post-hatch free embryo or yolk-sac fry, and the larval period, during which the organism feeds. Juvenile fish, which are anatomically similar to adults, are not considered an early life stage. The duration of early life stages can vary according to fish species. The department considers the sources of information in subdivisions 1 a (1) through (5) of this subsection to be the only acceptable sources of information for determining the duration of early life stages of fish under this procedure.

3. "Occur at the site" includes the species, genera, families, orders, classes, and phyla that: are usually present at the site; are present at the site only seasonally due to migration; are present intermittently because they periodically return to or extend their ranges into the site; were present at the site in the past or are present in nearby bodies of water, but are not currently present at the site due to degraded conditions, and are expected to return to the site when conditions improve. "Occur at the site" does not include taxa that were once present at the site but cannot exist at the site now due to permanent physical alteration of the habitat at the site.

4. Any modifications to ambient water quality criteria for ammonia in subdivision 1 of this subsection shall not likely jeopardize the continued existence of any federal or state listed, threatened or endangered species or result in the destruction or adverse modification of such species' critical habitat.

D. The one-hour average concentration of total ammonia nitrogen (in mg N/L) in saltwater shall not exceed, more than once every three years on the average, the acute criteria below:

Acute Ammonia Saltwater Criteria
Total Ammonia Nitrogen (mg N/L)
Salinity = 10 g/kg

Temperature °C

pH

0

5

10

15

20

25

30

35

7.00

231.9

159.8

110.1

75.88

52.31

36.08

24.91

17.21

7.20

146.4

100.9

69.54

47.95

33.08

22.84

15.79

10.93

7.40

92.45

63.73

43.94

30.32

20.94

14.48

10.03

6.97

7.60

58.40

40.28

27.80

19.20

13.28

9.21

6.40

4.47

7.80

36.92

25.48

17.61

12.19

8.45

5.88

4.11

2.89

8.00

23.37

16.15

11.18

7.76

5.40

3.78

2.66

1.89

8.20

14.81

10.26

7.13

4.97

3.48

2.46

1.75

1.27

8.40

9.42

6.54

4.57

3.20

2.27

1.62

1.18

0.87

8.60

6.01

4.20

2.95

2.09

1.50

1.09

0.81

0.62

8.80

3.86

2.72

1.93

1.39

1.02

0.76

0.58

0.46

9.00

2.51

1.79

1.29

0.95

0.71

0.55

0.44

0.36

Salinity = 20 g/kg

Temperature °C

pH

0

5

10

15

20

25

30

35

7.00

247.6

170.5

117.5

80.98

55.83

38.51

26.58

18.36

7.20

156.3

107.7

74.21

51.17

35.30

24.37

16.84

11.66

7.40

98.67

68.01

46.90

32.35

22.34

15.44

10.70

7.43

7.60

62.33

42.98

29.66

20.48

14.17

9.82

6.82

4.76

7.80

39.40

27.19

18.78

13.00

9.01

6.26

4.37

3.07

8.00

24.93

17.23

11.92

8.27

5.76

4.02

2.83

2.01

8.20

15.80

10.94

7.59

5.29

3.70

2.61

1.86

1.34

8.40

10.04

6.97

4.86

3.41

2.41

1.72

1.24

0.91

8.60

6.41

4.47

3.14

2.22

1.59

1.15

0.85

0.65

8.80

4.11

2.89

2.05

1.47

1.07

0.80

0.61

0.48

9.00

2.67

1.90

1.36

1.00

0.75

0.57

0.46

0.37

Salinity = 30 g/kg

Temperature °C

pH

0

5

10

15

20

25

30

35

7.00

264.6

182.3

125.6

86.55

59.66

41.15

28.39

19.61

7.20

167.0

115.1

79.31

54.68

37.71

26.03

17.99

12.45

7.40

105.5

72.68

50.11

34.57

23.87

16.50

11.42

7.92

7.60

66.61

45.93

31.69

21.88

15.13

10.48

7.28

5.07

7.80

42.10

29.05

20.07

13.88

9.62

6.68

4.66

3.27

8.00

26.63

18.40

12.73

8.83

6.14

4.29

3.01

2.13

8.20

16.88

11.68

8.10

5.64

3.94

2.78

1.97

1.42

8.40

10.72

7.44

5.18

3.63

2.56

1.82

1.31

0.96

8.60

6.83

4.77

3.34

2.36

1.69

1.22

0.90

0.68

8.80

4.38

3.08

2.18

1.56

1.13

0.84

0.64

0.50

9.00

2.84

2.01

1.45

1.06

0.79

0.60

0.47

0.39

To calculate total ammonia nitrogen acute criteria values in saltwater at different pH and temperature values than those listed in this subsection, use the following formulas:

I =

19.9273S

(1000 - 1.005109S)

Where I = molal ionic strength of water

S = Salinity ppt (g/kg)

The regression model used to relate I to pKa (negative log of the ionization constant) is

pKa = 9.245 + 0.138(I)

pKa as defined by these equations is at 298 degrees Kelvin (25°C). T °Kelvin = °C + 273

To correct for other temperatures:

pKaST = pKaS298 + 0.0324(298 - T °Kelvin)

The unionized ammonia fraction (UIA) is given by:

UIA =

1

1 + 10(pKaST-pH)

The acute ammonia criterion in saltwater is given by:

Acute =

0.233

UIA

Multiply the acute value by 0.822 to get the ammonia-N acute criterion.

E. The 30-day average concentration of total ammonia nitrogen (in mg N/L) in saltwater shall not exceed, more than once every three years on the average, the chronic criteria below:

Chronic Ammonia Saltwater Criteria
Total Ammonia Nitrogen (mg N/L)
Salinity = 10 g/kg

Temperature °C

pH

0

5

10

15

20

25

30

35

7.00

34.84

24.00

16.54

11.40

7.86

5.42

3.74

2.59

7.20

21.99

15.15

10.45

7.20

4.97

3.43

2.37

1.64

7.40

13.89

9.57

6.60

4.55

3.15

2.18

1.51

1.05

7.60

8.77

6.05

4.18

2.88

2.00

1.38

0.96

0.67

7.80

5.55

3.83

2.65

1.83

1.27

0.88

0.62

0.43

8.00

3.51

2.43

1.68

1.17

0.81

0.57

0.40

0.28

8.20

2.23

1.54

1.07

0.75

0.52

0.37

0.26

0.19

8.40

1.41

0.98

0.69

0.48

0.34

0.24

0.18

0.13

8.60

0.90

0.63

0.44

0.31

0.23

0.16

0.12

0.09

8.80

0.58

0.41

0.29

0.21

0.15

0.11

0.09

0.07

9.00

0.38

0.27

0.19

0.14

0.11

0.08

0.07

0.05

Salinity = 20 g/kg

Temperature °C

pH

0

5

10

15

20

25

30

35

7.00

37.19

25.62

17.65

12.16

8.39

5.78

3.99

2.76

7.20

23.47

16.17

11.15

7.69

5.30

3.66

2.53

1.75

7.40

14.82

10.22

7.04

4.86

3.36

2.32

1.61

1.12

7.60

9.36

6.46

4.46

3.08

2.13

1.47

1.02

0.71

7.80

5.92

4.08

2.82

1.95

1.35

0.94

0.66

0.46

8.00

3.74

2.59

1.79

1.24

0.86

0.60

0.43

0.30

8.20

2.37

1.64

1.14

0.79

0.56

0.39

0.28

0.20

8.40

1.51

1.05

0.73

0.51

0.36

0.26

0.19

0.14

8.60

0.96

0.67

0.47

0.33

0.24

0.17

0.13

0.10

8.80

0.62

0.43

0.31

0.22

0.16

0.12

0.09

0.07

9.00

0.40

0.28

0.20

0.15

0.11

0.09

0.07

0.06

Salinity = 30 g/kg

Temperature °C

pH

0

5

10

15

20

25

30

35

7.00

39.75

27.38

18.87

13.00

8.96

6.18

4.27

2.95

7.20

25.09

17.29

11.91

8.21

5.67

3.91

2.70

1.87

7.40

15.84

10.92

7.53

5.19

3.59

2.48

1.72

1.19

7.60

10.01

6.90

4.76

3.29

2.27

1.57

1.09

0.76

7.80

6.32

4.36

3.01

2.08

1.44

1.00

0.70

0.49

8.00

4.00

2.76

1.91

1.33

0.92

0.64

0.45

0.32

8.20

2.53

1.75

1.22

0.85

0.59

0.42

0.30

0.21

8.40

1.61

1.12

0.78

0.55

0.38

0.27

0.20

0.14

8.60

1.03

0.72

0.50

0.35

0.25

0.18

0.14

0.10

8.80

0.66

0.46

0.33

0.23

0.17

0.13

0.10

0.08

9.00

0.43

0.30

0.22

0.16

0.12

0.09

0.07

0.06

To calculate total ammonia nitrogen chronic criteria values in saltwater at different pH and temperature values than those listed in this subsection, use the following formulas:

I =

19.9273S

(1000 - 1.005109S)

Where I = molal ionic strength of water

S = Salinity ppt (g/kg)

The regression model used to relate I to pKa (negative log of the ionization constant) is

pKa = 9.245 + 0.138(I)

pKa as defined by these equations is at 298 degrees Kelvin (25°C). T °Kelvin = °C + 273

To correct for other temperatures:

pKaST = pKaS298 + 0.0324(298 - T °Kelvin)

The unionized ammonia fraction (UIA) is given by:

UIA =

1

1 + 10(pKaST-pH)

The chronic ammonia criterion in saltwater is given by:

Chronic =

0.035

UIA

Multiply the chronic value by 0.822 to get the ammonia-N chronic criterion.

1The default design flow for calculating steady state wasteload allocations for the acute ammonia criterion for freshwater is the 1Q10 (see 9VAC25-260-140 B footnote 10) unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of the water quality criteria.

2The default design flow for calculating steady state wasteload allocations for the chronic ammonia criterion for freshwater is the 30Q10 (see 9VAC25-260-140 B footnote 10) unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of the water quality criteria.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from Virginia Register Volume 19, Issue 23, eff. August 27, 2003; amended, Virginia Register Volume 20, Issue 9, eff. February 12, 2004; Volume 28, Issue 18, eff. June 6, 2012; Volume 32, Issue 26, eff. June 27, 2017.

Part II
Standards with More Specific Application

9VAC25-260-160. Fecal coliform bacteria; shellfish waters.

In all open ocean or estuarine waters capable of propagating shellfish or in specific areas where public or leased private shellfish beds are present, and including those waters on which condemnation are established by the State Department of Health, the following criteria for fecal coliform bacteria shall apply:

The geometric mean fecal coliform value for a sampling station shall not exceed an MPN (most probable number) or MF (membrane filtration using mTEC culture media) of 14 per 100 milliliters (ml). The estimated 90th percentile shall not exceed an MPN of 43 per 100 ml for a 5-tube decimal dilution test or an MPN of 49 per 100 ml for a 3-tube decimal dilution test or MF test of 31 CFU (colony forming units) per 100 ml.

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.

Historical Notes

Derived from VR680-21-02.1, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 19, Issue 7, eff. January 15, 2003; Volume 26, Issue 12, eff. February 1, 2010.

9VAC25-260-170. Bacteria; other recreational waters.

A. The following bacteria criteria (counts/100ml) shall apply to protect primary contact recreational uses in surface waters, except waters identified in subsection B of this section:

In freshwater, E. coli bacteria shall not exceed a geometric mean of 126 counts/100ml and shall not have greater than a 10% excursion frequency of a statistical threshold value (STV) of 410 counts/100 ml, both in an assessment period of up to 90 days.

In transition and saltwater, Enterococci bacteria shall not exceed a geometric mean of 35 counts/100ml and shall not have greater than a 10% excursion frequency of a statistical threshold value (STV) of 130 counts/100ml, both in an assessment period of up to 90 days.

1. See 9VAC25-260-140 C for boundary delineations for freshwater, transition, and saltwater.

2. In VPDES discharges to freshwater, bacteria in effluent requiring disinfection shall not exceed a monthly geometric mean of E. coli bacteria of 126 counts/100ml. Alternative performance standards may be established where an approved long term control plan establishes an alternative level of disinfection for a combined sewer system.

In VPDES discharges to transition and saltwater, bacteria in effluent requiring disinfection shall not exceed a monthly geometric mean of enterococci bacteria of 35 counts/100ml.

B. The following bacteria criteria per 100 ml (CFU/100 ml) of water shall apply:

E. coli bacteria shall not exceed a monthly geometric mean of 630 CFU/100 ml in freshwater.

Enterococci bacteria shall not exceed a monthly geometric mean of 175 CFU/100 ml in transition and saltwater.

1. See 9VAC25-260-140 C for boundary delineations for freshwater, transition, and saltwater.

2. Geometric means shall be calculated using all data collected during any calendar month with a minimum of four weekly samples.

3. If there is insufficient data to calculate monthly geometric means in freshwater, no more than 10% of the total samples in the assessment period shall exceed 1173 E. coli CFU/100 ml.

4. If there is insufficient data to calculate monthly geometric means in transition and saltwater, no more than 10% of the total samples in the assessment period shall exceed 519 enterococci CFU/100 ml.

5. Where the existing water quality for bacteria is below the geometric mean criteria in a water body designated for secondary contact in subdivision 6 of this subsection that higher water quality will be maintained in accordance with 9VAC25-260-30 A 2.

6. Surface waters designated under this subsection are as follows:

a. (Reserved)

b. (Reserved)

c. (Reserved)

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from VR680-21-02.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 19, Issue 7, eff. January 15, 2003; Volume 20, Issue 9, eff. February 12, 2004; Volume 26, Issue 12, eff. February 1, 2010; amended Virginia Register Volume 36, Issue 6, eff. October 21, 2019.

9VAC25-260-180. [Deleted]

Historical Notes

Derived from VR680-21-02.3, eff. May 20, 1992.

9VAC25-260-185. Criteria to protect designated uses from the impacts of nutrients and suspended sediment in the Chesapeake Bay and its tidal tributaries.

A. Dissolved oxygen. The dissolved oxygen criteria in the following table apply to all Chesapeake Bay waters according to their specified designated use and supersede the dissolved oxygen criteria in 9VAC25-260-50.

Designated Use

Criteria Concentration/Duration

Temporal Application

Migratory fish spawning and nursery

7-day mean ≥ 6 mg/l (tidal habitats with 0-0.5 ppt salinity)

February 1 - May 31

Instantaneous minimum ≥ 5 mg/l

Open water1

30-day mean ≥ 5.5 mg/l (tidal habitats with 0-0.5 ppt salinity)

year-round2

30-day mean ≥ 5 mg/l (tidal habitats with > 0.5 ppt salinity)

7-day mean ≥ 4 mg/l

Instantaneous minimum ≥ 3.2 mg/l at temperatures < 29°C

Instantaneous minimum ≥ 4.3 mg/l at temperatures ≥ 29°C

Deep water

30-day mean ≥ 3 mg/l

June 1 - September 30

1-day mean ≥ 2.3 mg/l

Instantaneous minimum ≥ 1.7 mg/l

Deep channel

Instantaneous minimum ≥ 1 mg/l

June 1 - September 30

1In applying this open water instantaneous criterion to the Chesapeake Bay and its tidal tributaries where the existing water quality for dissolved oxygen exceeds an instantaneous minimum of 3.2 mg/l, that higher water quality for dissolved oxygen shall be provided antidegradation protection in accordance with 9VAC25-260-30 A 2.

2Open-water dissolved oxygen criteria attainment is assessed separately over two time periods: summer (June 1- September 30) and nonsummer (October 1-May 31) months.

B. Submerged aquatic vegetation (SAV) and water clarity. Attainment of the shallow-water submerged aquatic vegetation designated use shall be determined using any one of the following criteria:

Designated Use

Chesapeake Bay Program Segment

SAV Acres1

Percent Light-Through-Water2

Water Clarity Acres1

Temporal Application

Shallow water submerged aquatic vegetation use

CB5MH

7,633

22%

14,514

April 1 - October 31

CB6PH

1,267

22%

3,168

March 1 - November 30

CB7PH

15,107

22%

34,085

March 1 - November 30

CB8PH

11

22%

28

March 1 - November 30

POTTF

2,093

13%

5,233

April 1 - October 31

POTOH

1,503

13%

3,758

April 1 - October 31

POTMH

4,250

22%

10,625

April 1 - October 31

RPPTF

66

13%

165

April 1 - October 31

RPPOH

4

13%

10

April 1 - October 31

RPPMH

1700

22%

5000

April 1 - October 31

CRRMH

768

22%

1,920

April 1 - October 31

PIAMH

3,479

22%

8,014

April 1 - October 31

MPNTF

85

13%

213

April 1 - October 31

MPNOH

-

-

-

-

PMKTF

187

13%

468

April 1 - October 31

PMKOH

-

-

-

-

YRKMH

239

22%

598

April 1 - October 31

YRKPH

2,793

22%

6,982

March 1 - November 30

MOBPH

15,901

22%

33,990

March 1 - November 30

JMSTF2

200

13%

500

April 1 - October 31

JMSTF1

1000

13%

2500

April 1 - October 31

APPTF

379

13%

948

April 1 - October 31

JMSOH

15

13%

38

April 1 - October 31

CHKOH

535

13%

1,338

April 1 - October 31

JMSMH

200

22%

500

April 1 - October 31

JMSPH

300

22%

750

March 1 - November 30

WBEMH

-

-

-

-

SBEMH

-

-

-

-

EBEMH

-

-

-

-

ELIPH

-

-

-

-

LYNPH

107

22%

268

March 1 - November 30

POCOH

-

-

-

-

POCMH

4,066

22%

9,368

April 1 - October 31

TANMH

13,579

22%

22,064

April 1 - October 31

1The assessment period for SAV and water clarity acres shall be the single best year in the most recent three consecutive years. When three consecutive years of data are not available, a minimum of three years within the data assessment window shall be used.

2Percent light-through-water = 100e(-KdZ) where Kd is water column light attenuation coefficient and can be measured directly or converted from a measured secchi depth where Kd = 1.45/secchi depth. Z = depth at location of measurement of Kd.

C. Chlorophyll a.

Designated Use

Chlorophyll a Narrative Criterion

Temporal Application

Open water

Concentrations of chlorophyll a in free-floating microscopic aquatic plants (algae) shall not exceed levels that result in undesirable or nuisance aquatic plant life or render tidal waters unsuitable for the propagation and growth of a balanced, indigenous population of aquatic life or otherwise result in ecologically undesirable water quality conditions such as reduced water clarity, low dissolved oxygen, food supply imbalances, proliferation of species deemed potentially harmful to aquatic life or humans, or aesthetically objectionable conditions.

March 1 - September 30

See 9VAC25-260-310 special standard bb for numerical chlorophyll criteria for the tidal James River.

D. Implementation.

1. Chesapeake Bay program segmentation scheme as described in Chesapeake Bay Program, 2004 Chesapeake Bay Program Analytical Segmentation Scheme-Revisions, Decisions and Rationales: 1983–2003, CBP/TRS 268/04, EPA 903‑R‑04‑008, Chesapeake Bay Program, Annapolis, Maryland, and the Chesapeake Bay Program published 2005 addendum (CBP/TRS 278‑06; EPA 903‑R‑05‑004) is listed in the following table and shall be used as the spatial assessment unit to determine attainment of the criteria in this section for each designated use.

Chesapeake Bay Segment Description

Segment Name1

Chesapeake Bay Segment Description

Segment Name1

Lower Central Chesapeake Bay

CB5MH

Mobjack Bay

MOBPH

Western Lower Chesapeake Bay

CB6PH

Upper Tidal Fresh James River

JMSTF2

Eastern Lower Chesapeake Bay

CB7PH

Lower Tidal Fresh James River

JMSTF1

Mouth of the Chesapeake Bay

CB8PH

Appomattox River

APPTF

Upper Potomac River

POTTF

Middle James River

JMSOH

Middle Potomac River

POTOH

Chickahominy River

CHKOH

Lower Potomac River

POTMH

Lower James River

JMSMH

Upper Rappahannock River

RPPTF

Mouth of the James River

JMSPH

Middle Rappahannock River

RPPOH

Western Branch Elizabeth River

WBEMH

Lower Rappahannock River

RPPMH

Southern Branch Elizabeth River

SBEMH

Corrotoman River

CRRMH

Eastern Branch Elizabeth River

EBEMH

Piankatank River

PIAMH

Lafayette River

LAFMH

Upper Mattaponi River

MPNTF

Mouth of the Elizabeth River

ELIPH

Lower Mattaponi River

MPNOH

Lynnhaven River

LYNPH

Upper Pamunkey River

PMKTF

Middle Pocomoke River

POCOH

Lower Pamunkey River

PMKOH

Lower Pocomoke River

POCMH

Middle York River

YRKMH

Tangier Sound

TANMH

Lower York River

YRKPH

1First three letters of segment name represent Chesapeake Bay segment description, letters four and five represent the salinity regime of that segment (TF = Tidal Fresh, OH = Oligohaline, MH = Mesohaline, and PH = Polyhaline) and a sixth space is reserved for subdivisions of that segment.

2. The assessment period shall be the most recent three consecutive years. When three consecutive years of data are not available, a minimum of three years within the data assessment window shall be used.

3. Attainment of these criteria shall be assessed through comparison of the generated cumulative frequency distribution of the monitoring data to the applicable criteria reference curve for each designated use. If the monitoring data cumulative frequency curve is completely contained inside the reference curve, then the segment is in attainment of the designated use. The reference curves and procedures to be followed are published in the USEPA, Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries, EPA 903‑R‑03‑002, April 2003 and the 2004 (EPA 903‑R‑03‑002 October 2004), 2007 (CBP/TRS 285/07, EPA 903‑R‑07‑003), 2007 (CBP/TRS 288/07, EPA 903‑R‑07‑005), 2008 (CBP/TRS 290‑08, EPA 903‑R‑08‑001), 2010 (CBP/TRS 301‑10, EPA 903‑R‑10‑002), and 2017 (CBP/TRS 320‑17, EPA 903‑R‑17‑002) addenda. An exception to this requirement is in measuring attainment of the SAV and water clarity acres, which are compared directly to the criteria.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from Virginia Register Volume 21, Issue 23, eff. June 24, 2005; amended, Volume 26, Issue 12, eff. February 1, 2010; Volume 27, Issue 6, eff. January 6, 2011; Volume 32, Issue 26, eff. June 27, 2017; Volume 35, Issue 7, eff. January 10, 2019.

9VAC25-260-186. Virginia Pollutant Discharge Elimination System permits and schedules of compliance.

A. As deemed necessary to meet the requirements of 9VAC25-260-185, the board shall issue or modify Virginia Pollutant Discharge Elimination System permits for point source dischargers located throughout the tidal and nontidal sections of the following river basins: Potomac (9VAC25-260-390 and 9VAC25-260-400), James (9VAC25-260-410, 9VAC25-260-415, 9VAC25-260-420 and 9VAC25-260-430), Rappahannock (9VAC25-260-440), York (9VAC25-260-530) and Chesapeake Bay/Small Coastal Basins (subdivisions 2 through 3g of 9VAC25-260-520).

B. National Pollutant Discharge Elimination System permits issued by permitting authorities with the Chesapeake Bay watershed may include a compliance schedule in accordance with implementing regulations requiring compliance as soon as possible with nutrient load limitations assigned to individual dischargers.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 23, eff. June 24, 2005.

9VAC25-260-187. Criteria for man-made lakes and reservoirs to protect aquatic life and recreational designated uses from the impacts of nutrients.

A. The criteria in subsection B of this section apply to the man-made lakes and reservoirs listed in this section. Additional man-made lakes and reservoirs may be added as new reservoirs are constructed or monitoring data become available from outside groups or future agency monitoring.

B. Whether or not algicide treatments are used, the chlorophyll a criteria apply to all waters on the list. The total phosphorus criteria apply only if a specific man-made lake or reservoir received algicide treatment during the monitoring and assessment period of April 1 through October 31.

The 90th percentile of the chlorophyll a data collected at one meter or less within the lacustrine portion of the man-made lake or reservoir between April 1 and October 31 shall not exceed the chlorophyll a criterion for that waterbody in each of the two most recent monitoring years that chlorophyll a data are available. For a waterbody that received algicide treatment, the median of the total phosphorus data collected at one meter or less within the lacustrine portion of the man-made lake or reservoir between April 1 and October 31 shall not exceed the total phosphorus criterion in each of the two most recent monitoring years that total phosphorus data are available.

Monitoring data used for assessment shall be from sampling location(s) within the lacustrine portion where observations are evenly distributed over the seven months from April 1 through October 31 and are in locations that are representative, either individually or collectively, of the condition of the man-made lake or reservoir.

Man-made Lake or Reservoir Name

Location

Chlorophyll a (μg/L)

Total Phosphorus (μg/L)

Abel Lake

Stafford County

35

40

Airfield Pond

Sussex County

35

40

Amelia Lake

Amelia County

35

40

Aquia Reservoir (Smith Lake)

Stafford County

35

40

Bark Camp Lake (Corder Bottom Lake, Lee/Scott/Wise Lake)

Scott County

35

40

Beaver Creek Reservoir

Albemarle County

35

40

Beaverdam Creek Reservoir (Beaverdam Reservoir)

Bedford County

35

40

Beaverdam Reservoir

Loudoun County

35

40

Bedford Reservoir (Stony Creek Reservoir)

Bedford County

35

40

Big Cherry Lake

Wise County

35

40

Breckenridge Reservoir

Prince William County

35

40

Briery Creek Lake

Prince Edward County

35

40

Brunswick Lake (County Pond)

Brunswick County

35

40

Burke Lake

Fairfax County

60

40

Carvin Cove Reservoir

Botetourt County

35

40

Cherrystone Reservoir

Pittsylvania County

35

40

Chickahominy Lake

Charles City County

35

40

Chris Green Lake

Albemarle County

35

40

Claytor Lake

Pulaski County

25

20

Clifton Forge Reservoir (Smith Creek Reservoir)

Alleghany County

35

20

Coles Run Reservoir

Augusta County

10

10

Curtis Lake

Stafford County

60

40

Diascund Creek Reservoir

New Kent County

35

40

Douthat Lake

Bath County

25

20

Elkhorn Lake

Augusta County

10

10

Emporia Lake (Meherrin Reservoir)

Greensville County

35

40

Fairystone Lake

Henry County

35

40

Falling Creek Reservoir

Chesterfield County

35

40

Fluvanna Ruritan Lake

Fluvanna County

60

40

Fort Pickett Reservoir

Nottoway/Brunswick County

35

40

Gatewood Reservoir

Pulaski County

35

40

Georges Creek Reservoir

Pittsylvania County

35

40

Goose Creek Reservoir

Loudoun County

35

40

Graham Creek Reservoir

Amherst County

35

40

Great Creek Reservoir

Lawrenceville

35

40

Harrison Lake

Charles City County

35

40

Harwood Mills Reservoir

York County

60

40

Hidden Valley Lake

Washington County

35

40

Hogan Lake

Pulaski County

35

40

Holiday Lake

Appomattox County

35

40

Hungry Mother Lake

Smyth County

35

40

Hunting Run Reservoir

Spotsylvania County

35

40

J. W. Flannagan Reservoir

Dickenson County

25

20

Kerr Reservoir, Virginia portion (Buggs Island Lake)

Halifax County

25

30

Keysville Reservoir

Charlotte County

35

40

Lake Albemarle

Albemarle County

35

40

Lake Anna

Louisa County

25

30

Lake Arrowhead

Page County

35

40

Lake Burnt Mills

Isle of Wight County

60

40

Lake Chesdin

Chesterfield County

35

40

Lake Cohoon

Suffolk City

60

40

Lake Conner

Halifax County

35

40

Lake Frederick

Frederick County

35

40

Lake Gaston, (Virginia portion)

Brunswick County

25

30

Lake Gordon

Mecklenburg County

35

40

Lake Keokee

Lee County

35

40

Lake Kilby

Suffolk City

60

40

Lake Lawson

Virginia Beach City

60

40

Lake Manassas

Prince William County

35

40

Lake Meade

Suffolk City

60

40

Lake Moomaw

Bath County

10

10

Lake Nelson

Nelson County

60

40

Lake Nottoway (Lee Lake, Nottoway Lake)

Nottoway County

35

40

Lake Orange

Orange County

60

40

Lake Pelham

Culpeper County

35

40

Lake Prince

Suffolk City

60

40

Lake Robertson

Rockbridge County

35

40

Lake Smith

Virginia Beach City

60

40

Lake Whitehurst

Norfolk City

60

40

Lake Wright

Norfolk City

60

40

Lakeview Reservoir

Chesterfield County

35

40

Laurel Bed Lake

Russell County

35

40

Lee Hall Reservoir (Newport News Reservoir)

Newport News City

60

40

Leesville Reservoir

Bedford County

25

30

Little Creek Reservoir

Virginia Beach City

60

40

Little Creek Reservoir

James City County

25

30

Little River Reservoir

Montgomery County

35

40

Lone Star Lake F (Crystal Lake)

Suffolk City

60

40

Lone Star Lake G (Crane Lake)

Suffolk City

60

40

Lone Star Lake I (Butler Lake)

Suffolk City

60

40

Lunga Reservoir

Prince William County

35

40

Lunenburg Beach Lake (Victoria Lake)

Town of Victoria

35

40

Martinsville Reservoir (Beaver Creek Reservoir)

Henry County

35

40

Mill Creek Reservoir

Amherst County

35

40

Modest Creek Reservoir

Town of Victoria

35

40

Motts Run Reservoir

Spotsylvania County

25

30

Mount Jackson Reservoir

Shenandoah County

35

40

Mountain Run Lake

Culpeper County

35

40

Ni Reservoir

Spotsylvania County

35

40

North Fork Pound Reservoir

Wise County

35

40

Northeast Creek Reservoir

Louisa County

35

40

Occoquan Reservoir

Fairfax County

35

40

Pedlar Lake

Amherst County

25

20

Philpott Reservoir

Henry County

25

30

Phelps Creek Reservoir (Brookneal Reservoir)

Campbell County

35

40

Powhatan Lakes (Upper and Lower)

Powhatan County

35

40

Ragged Mountain Reservoir

Albemarle County

35

40

Rivanna Reservoir (South Fork Rivanna Reservoir)

Albemarle County

35

40

Roaring Fork

Pittsylvania County

35

40

Rural Retreat Lake

Wythe County

35

40

Sandy River Reservoir

Prince Edward County

35

40

Shenandoah Lake

Rockingham County

35

40

Silver Lake

Rockingham County

35

40

Smith Mountain Lake

Bedford County

25

30

South Holston Reservoir

Washington County

25

20

Speights Run Lake

Suffolk City

60

40

Spring Hollow Reservoir

Roanoke County

25

20

Staunton Dam Lake

Augusta County

35

40

Stonehouse Creek Reservoir

Amherst County

60

40

Strasburg Reservoir

Shenandoah County

35

40

Stumpy Lake

Virginia Beach

60

40

Sugar Hollow Reservoir

Albemarle County

25

20

Swift Creek Lake

Chesterfield County

35

40

Swift Creek Reservoir

Chesterfield County

35

40

Switzer Lake

Rockingham County

10

10

Talbott Reservoir

Patrick County

35

40

Thrashers Creek Reservoir

Amherst County

35

40

Totier Creek Reservoir

Albemarle County

35

40

Townes Reservoir

Patrick County

25

20

Troublesome Creek Reservoir

Buckingham County

35

40

Waller Mill Reservoir

York County

25

30

Western Branch Reservoir

Suffolk City

25

20

Wise Reservoir

Wise County

25

20

C. When the board determines that the applicable criteria in subsection B of this section for a specific man-made lake or reservoir are exceeded, the board shall consult with the Department of Game and Inland Fisheries regarding the status of the fishery in determining whether or not the designated use for that waterbody is being attained. If the designated use of the subject waterbody is not being attained, the board shall assess the waterbody as impaired in accordance with § 62.1-44.19:5 of the Code of Virginia. If the designated use is being attained, the board shall assess the waterbody as impaired in accordance with § 62.1-44.19:5 of the Code of Virginia until site-specific criteria are adopted and become effective for that waterbody.

D. If the nutrient criteria specified for a man-made lake or reservoir in subsection B of this section do not provide for the attainment and maintenance of the water quality standards of downstream waters as required in 9VAC25-260-10 C, the nutrient criteria herein may be modified on a site-specific basis to protect the water quality standards of downstream waters.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. August 14, 2007; amended, Volume 26, Issue 12, eff. February 1, 2010; Volume 32, Issue 26, eff. June 27, 2017.

Part III
[Deleted]

Part IV
Groundwater Standards [Repealed]

9VAC25-260-190 to 9VAC25-260-220. [Repealed]

Historical Notes

Derived from VR680-21-04.1 to VR680-21-04.4, eff. May 20, 1992; repealed, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

Part V
Water Quality Criteria for Groundwater [Repealed]

9VAC25-260-230 to 9VAC25-260-240. [Repealed]

Historical Notes

Derived from VR680-21-05.1 to VR680-21-05.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; repealed, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

Part VI
Procedural Requirements

9VAC25-260-250. Procedural requirements for variances due to natural conditions, temperature and § 316(a) thermal variances.

A. The standards in this chapter notwithstanding, as a result of natural conditions, water quality may from time to time vary from established limits as a result of natural conditions.

B. When the maximum temperature of stockable trout waters exceeds, solely due to natural conditions, the maximum allowable temperature criterion specified in 9VAC25-260-50, the board, on a case-by-case basis, may grant a variance to the maximum temperature criterion and will use the naturally occurring maximum temperature in setting effluent limits in permits. The public notice for any permit proposed to be issued or reissued by the board will contain reference to any proposed granting of such a variance.

C. Variances under § 316(a) of the Clean Water Act and under subsection B of this section are site-specific case decisions that do not require a standards amendment.

Statutory Authority

§ 62.1-44.15(3a) of the Code of Virginia.

Historical Notes

Derived from VR680-21-06.1, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.

9VAC25-260-260. Modification, amendment, and cancellation of standards.

A. Under the authority of § 62.1-44.15(3)(b) of the State Water Control Law, the board reserves the right at any time to modify, amend, or cancel any of the rules, policies, or standards set forth here. Such modification, amendment, or cancellation shall be consistent with requirements of § 303 of the Clean Water Act, as amended, and regulations promulgated under it.

B. Within three years after December 10, 1997, the department shall perform an analysis on this chapter and provide the board with a report on the results. The analysis shall include (i) the purpose and need for the chapter; (ii) alternatives which would achieve the stated purpose of this chapter in a less burdensome and less intrusive manner; (iii) an assessment of the effectiveness of this chapter; (iv) the results of a review of current state and federal statutory and regulatory requirements, including identification and justification of requirements of this chapter which are more stringent than federal requirements; and (v) the results of a review as to whether this chapter is clearly written and easily understandable by affected entities.

Upon review of the department's analysis, the board shall confirm the need to (i) continue this chapter without amendment; (ii) repeal this chapter; or (iii) amend this chapter. If the board's decision is to repeal or amend this chapter, the board shall authorize the department to initiate the applicable regulatory process to carry out the decision of the board.

Statutory Authority

§ 62.1-44.15(3a) of the Code of Virginia.

Historical Notes

Derived from VR680-21-06.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.

9VAC25-260-270. Shellfish buffer zones; public hearing.

Before acting on any proposal for a project that, while not contravening established numeric criteria for shellfish waters, would result in condemnation by the State Health Department of shellfish beds, the board shall convene a public hearing to determine the socio-economic effect of the proposal. Such proposals include discharge of treated waste or proposals to otherwise alter the biological, chemical or physical properties of state waters. If the Marine Resources Commission or the Virginia Institute of Marine Science certify that the project would have no effect on the shellfish use now and in the foreseeable future, the board may dispense with such hearing.

When the board finds that the proposed project will result in shellfish bed condemnation and if the condemnation will violate the general standard, it shall disapprove the proposal.

Statutory Authority

§ 62.1-44.15(3a) of the Code of Virginia.

Historical Notes

Derived from VR680-21-06.3, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997.

9VAC25-260-275. Protection of Eastern Shore tidal waters for clams and oysters.

A. This section applies to applications for individual Virginia Pollutant Discharge Elimination System (VPDES) permits authorizing new or expanded discharges to or otherwise affecting Eastern Shore tidal waters, which include all tidal rivers and creeks on the Eastern Shore (Accomack and Northampton counties) including the tidal waters within the barrier islands on the eastern seaside of the Eastern Shore (does not include Atlantic Ocean waters) and all tidal rivers and creeks on the western bayside and including the Chesapeake Bay to a point one mile offshore from any point of land on the Eastern Shore.

B. When such application proposes a new or expanded discharge that would not be denied pursuant to 9VAC25-260-270 but would result in shellfish water condemnation, then the application shall be amended to contain an analysis of wastewater management alternatives to the proposed discharge. An application shall be deemed incomplete until this analysis is provided to the department.

C. For purposes of this part, condemnation shall mean a reclassification of shellfish waters by the state Department of Health to prohibited or restricted (as defined by the U.S. Food and Drug Administration, National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2007, Section II, Model Ordinance, Definitions, and Chapter 4, Classification of Shellfish Growing Areas) thereby signifying that shellfish from such waters are unfit for market.

D. The alternatives analysis shall first identify and describe the technical feasibility of each wastewater management alternative to the proposed new or expanded discharge. If the analysis demonstrates that any of the identified alternatives are technically feasible, then the analysis shall further describe the environmental, social and economic impacts and opportunities to mitigate any adverse impacts for those alternatives.

E. If the alternatives analysis demonstrates that the proposed new or expanded discharge is the only technically feasible alternative or produces the least environmental impact of all the technically feasible alternatives, the application will be processed in accordance with 9VAC25-31 (VPDES Permit Regulation). If the analysis demonstrates that a technically feasible alternative produces less of an environmental impact than that associated with the proposed new or expanded discharge but results in significant adverse social and economic impacts to beneficial uses and to the locality and its citizens, the application shall be processed in accordance with 9VAC25-31. If the analysis demonstrates that a technically feasible alternative produces less of an environmental impact than that associated with the proposed new or expanded discharge and does not result in significant adverse social and economic impacts to beneficial uses and to the locality and its citizens, then processing of the VPDES application shall be suspended while the applicant makes a good faith effort to obtain approval from the appropriate regulatory authorities for the alternative. Processing of the application shall be resumed only if the alternative form of wastewater management is disapproved by the appropriate regulatory authorities.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; 33 USC § 1251 et seq.; 40 CFR Part 131.

Historical Notes

Derived from Virginia Register Volume 25, Issue 23, eff. August 20, 2009.

9VAC25-260-280. Analytical procedures.

Analytical testing should be done in accordance with accepted procedures in 40 CFR 136, as amended or other board/EPA recognized and approved methods.

Statutory Authority

§§ 62.1-44.15(3) and (10) of the Code of Virginia.

Historical Notes

Derived from VR680-21-06.4, eff. May 20, 1992.

9VAC25-260-290. (Repealed.)

Historical Notes

Derived from VR680-21-06.5, eff. May 20, 1992; repealed, Volume 26, Issue 12, eff. February 1, 2010.

9VAC25-260-300. Classification of tributary streams.

Any tributary stream which is not named in a specific section description in Part IX (River Basin Section Tables), shall carry the same classification and standards of quality assigned to the stream or section to which it is tributary, except in the case of trout streams. Streams classified as trout waters are specifically named.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-06.6, eff. May 20, 1992; amended, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

Part VII
Special Standards and Scenic Rivers Listings

9VAC25-260-310. Special standards and requirements.

The special standards are shown in small letters to correspond to lettering in the basin tables. The special standards are as follows:

a. Shellfish waters. In all open ocean or estuarine waters capable of propagating shellfish or in specific areas where public or leased private shellfish beds are present, including those waters on which condemnation classifications are established by the Virginia Department of Health, the following criteria for fecal coliform bacteria will apply:

The geometric mean fecal coliform value for a sampling station shall not exceed an MPN (most probable number) or MF (membrane filtration using mTEC culture media) of 14 per 100 milliliters (ml) of sample and the estimated 90th percentile shall not exceed an MPN of 43 per 100 ml for a 5-tube decimal dilution test or an MPN of 49 per 100 ml for a 3-tube decimal dilution test or MF test of 31 CFU (colony forming units) per 100 ml.

The shellfish area is not to be so contaminated by radionuclides, pesticides, herbicides, or fecal material that the consumption of shellfish might be hazardous.

b. Policy for the Potomac Embayments. At its meeting on September 12, 1996, the board adopted a policy (9VAC25-415. Policy for the Potomac Embayments) to control point source discharges of conventional pollutants into the Virginia embayment waters of the Potomac River, and their tributaries, from the fall line at Chain Bridge in Arlington County to the Route 301 bridge in King George County. The policy sets effluent limits for BOD5, total suspended solids, phosphorus, and ammonia, to protect the water quality of these high profile waterbodies.

c. Canceled.

d. Canceled.

e. Canceled.

f. Canceled.

g. Occoquan watershed policy. At its meeting on July 26, 1971 (Minute 10), the board adopted a comprehensive pollution abatement and water quality management policy for the Occoquan watershed. The policy set stringent treatment and discharge requirements in order to improve and protect water quality, particularly since the waters are an important water supply for Northern Virginia. Following a public hearing on November 20, 1980, the board, at its December 10-12, 1980, meeting, adopted as of February 1, 1981, revisions to this policy (Minute 20). These revisions became effective March 4, 1981. Additional amendments were made following a public hearing on August 22, 1990, and adopted by the board at its September 24, 1990, meeting (Minute 24) and became effective on December 5, 1990. Copies are available upon request from the Department of Environmental Quality.

h. Canceled.

i. Canceled.

j. Canceled.

k. Canceled.

l. Canceled.

m. The following effluent limitations apply to wastewater treatment facilities treating an organic nutrient source in the entire Chickahominy watershed above Walker's Dam (this excludes discharges consisting solely of stormwater):

CONSTITUENT

CONCENTRATION

1. Biochemical oxygen demand 5-day

6 mg/l monthly average, with not more than 5% of individual samples to exceed 8 mg/l.

2. Settleable solids

Not to exceed 0.1 ml/l monthly average.

3. Suspended solids

5.0 mg/l monthly average, with not more than 5% of individual samples to exceed 7.5 mg/l.

4. Ammonia nitrogen

Not to exceed 2.0 mg/l monthly average as N.

5. Total phosphorus

Not to exceed 0.10 mg/l monthly average for all discharges with the exception of Tyson Foods, Inc., which shall meet 0.30 mg/l monthly average and 0.50 mg/l daily maximum.

6. Other physical and chemical constituents

Other physical or chemical constituents not specifically mentioned will be covered by additional specifications as conditions detrimental to the stream arise. The specific mention of items 1 through 5 does not necessarily mean that the addition of other physical or chemical constituents will be condoned.

n. No sewage discharges, regardless of degree of treatment, should be allowed into the James River between Bosher and Williams Island Dams.

o. The concentration and total amount of impurities in Tuckahoe Creek and its tributaries of sewage origin shall be limited to those amounts from sewage, industrial wastes, and other wastes that are now present in the stream from natural sources and from existing discharges in the watershed.

p. Canceled.

q. Canceled.

r. Canceled.

s. Canceled.

t. Canceled.

u. Maximum temperature for the New River Basin from the Virginia-West Virginia state line upstream to the Giles-Montgomery County line:

The maximum temperature shall be 27°C (81°F) unless caused by natural conditions; the maximum rise above natural temperatures shall not exceed 2.8°C (5°F).

This maximum temperature limit of 81°F was established in the 1970 water quality standards amendments so that Virginia temperature criteria for the New River would be consistent with those of West Virginia, since the stream flows into that state.

v. The maximum temperature of the New River and its tributaries (except trout waters) from the Montgomery-Giles County line upstream to the Virginia-North Carolina state line shall be 29°C (84°F).

w. Canceled.

x. Clinch River from the confluence of Dumps Creek at river mile 268 at Carbo downstream to river mile 255.4. The special water quality criteria for copper (measured as total recoverable) in this section of the Clinch River are 12.4 μg/l for protection from chronic effects and 19.5 μg/l for protection from acute effects. These site-specific criteria are needed to provide protection to several endangered species of freshwater mussels.

y. Tidal freshwater Potomac River and tidal tributaries that enter the tidal freshwater Potomac River from Cockpit Point (below Occoquan Bay) to the fall line at Chain Bridge. During November 1 through February 14 of each year the 30-day average concentration of total ammonia nitrogen (in mg N/L) shall not exceed, more than once every three years on the average, the following chronic ammonia criterion:

(

0.0577

+

2.487

)

x 1.45(100.028(25-MAX))

1 + 107.688-pH

1 + 10pH-7.688

MAX = temperature in °C or 7, whichever is greater.

The default design flow for calculating steady state wasteload allocations for this chronic ammonia criterion is the 30Q10, unless statistically valid methods are employed which demonstrate compliance with the duration and return frequency of this water quality criterion.

z. A site specific dissolved copper aquatic life criterion of 16.3 μg/l for protection from acute effects and 10.5 μg/l for protection from chronic effects applies in the following area:

Little Creek to the Route 60 (Shore Drive) bridge including Little Channel, Desert Cove, Fishermans Cove, and Little Creek Cove.

Hampton Roads Harbor including the waters within the boundary lines formed by I-664 (Monitor-Merrimac Memorial Bridge Tunnel) and I-64 (Hampton Roads Bridge Tunnel), Willoughby Bay, and the Elizabeth River and its tidal tributaries.

This criterion reflects the acute and chronic copper aquatic life criterion for saltwater in 9VAC25-260-140 B X a water effect ratio. The water effect ratio was derived in accordance with 9VAC25-260-140 F.

aa. The following site-specific dissolved oxygen criteria apply to the tidal Mattaponi and Pamunkey Rivers and their tidal tributaries because of seasonal lower dissolved oxygen concentration due to the natural oxygen depleting processes present in the extensive surrounding tidal wetlands. These criteria apply June 1 through September 30 to Chesapeake Bay segments MPNTF, MPNOH, PMKTF, PMKOH and are implemented in accordance with subsection D of 9VAC25-260-185. These criteria supersede the open water criteria listed in subsection A of 9VAC25-260-185.

Designated use

Criteria Concentration/Duration

Temporal Application

Open water

30 day mean ≥ 4.0 mg/l

June 1 - September 30

Instantaneous minimum ≥ 3.2 mg/l at temperatures <29°C

Instantaneous minimum ≥ 4.3 mg/l at temperatures ≥ 29°C

A site-specific pH criterion of 5.0-8.0 applies to the tidal freshwater Mattaponi Chesapeake Bay segment MPNTF to reflect natural conditions.

bb. The following site-specific seasonal mean criteria should not be exceeded in the specified tidal James River segment more than twice in six years. Should consecutive exceedances of the same seasonal mean criterion occur in a waterbody segment after the effective date of these chlorophyll a criteria, the department will examine additional lines of evidence, including the occurrence of harmful algae blooms, physicochemical monitoring and phytoplankton datasets, and fish kill reports in the evaluation of the appropriate assessment category for the waterbody segment. The department will develop guidance for inclusion in the Water Quality Assessment Guidance Manual to address evaluating the appropriate assessment category when consecutive exceedances of the same seasonal mean criterion occur. The department will determine if additional monitoring for harmful algal blooms is warranted.

Designated Use

Chlorophyll a µ/l

Chesapeake Bay Program Segment

Temporal Application

Open water

8

JMSTF2

March 1 - May 31

(spring)

10

JMSTF1

13

JMSOH

7

JMSMH

8

JMSPH

21

JMSTF2

July 1 - September 30

(summer)

24

JMSTF1

11

JMSOH

7

JMSMH

7

JMSPH

The following site-specific chlorophyll a concentrations at the specified duration should not be exceeded more than 10% of the time over six summer seasons in the specified area of the tidal James River. These criteria protect against aquatic life effects due to harmful algal blooms. Such effects have not been documented in the upper portion of JMSTF2 or in JMSOH.

Chlorophyll a µg/l

Chesapeake Bay Program Segment

Spatial Application

Duration

--

JMSTF2

Upstream boundary of JMSTF2 to river mile 95

--

52

JMSTF2

River mile 95 to downstream boundary of JMSTF2

1-month median

52

JMSTF1

Upstream boundary of JMSTF1 to river mile 67

1-month median

34

JMSTF1

River mile 67 to downstream boundary of JMSTF1

1-month median

--

JMSOH

Entire segment

--

59

JMSMH

Entire segment

1-day median

20

JMSPH

Entire segment

1-day median

(1) The site-specific numerical chlorophyll a criteria apply to the tidal James River segments (excludes tributaries) JMSTF2, JMSTF1, JMSOH, JMSMH, and JMSPH, the boundaries of which are described in EPA 903‑R‑05‑004.

(2) For segments JMSOH, JMSMH, and JMSPH, the median of same-day samples collected one meter or less in a segment should be calculated to represent the chlorophyll a expression of a segment over that day, and the median of same-month chlorophyll a values should be calculated to represent the chlorophyll a expression of a segment over that month. The seasonal geometric mean shall be calculated from the monthly chlorophyll a values for a segment.

(3) For segment JMSTF2, chlorophyll a data collected in the "upper zone" (from the upstream boundary at the fall line to approximately river mile 95 (N37° 23' 15.27" / W77° 18' 45.05" to N37° 23' 19.31" / W77° 18' 54.03")) should be pooled, in the manner described in subdivision bb (2) of this section, separately from chlorophyll a data collected in the "lower zone" (from river mile 95 to the downstream boundary of JMSTF2). The seasonal geometric mean for each of these zones should be calculated from their respective monthly chlorophyll a values. To calculate the seasonal segment-wide geometric mean, an area-weighted average of the zonal geometric means should be calculated using the following equation:

Upper Zone Geometric Mean x 0.41 + Lower Zone Geometric Mean x 0.59

(4) For segment JMSTF1, chlorophyll a data collected in the "upper zone" (from the upstream boundary of JMSTF1 to approximately river mile 67 (N37° 17' 46.21" / W77° 7' 9.55" to N37° 18' 58.94" / W77° 6' 57.14")) should be pooled, in the manner described in subdivision bb (2) of this section, separately from chlorophyll a data collected in the "lower zone" (between river mile 67 to the downstream boundary of JMSTF1). The seasonal geometric mean for each of these zones should be calculated from their respective monthly chlorophyll a values. To calculate the seasonal segment-wide geometric mean, an area-weighted average of the zonal geometric means should be calculated using the following equation:

Upper Zone Geometric Mean x 0.49 + Lower Zone Geometric Mean x 0.51

cc. For Mountain Lake in Giles County, chlorophyll a shall not exceed 6 µg/L at a depth of six meters and orthophosphate-P shall not exceed 8 µg/L at a depth of one meter or less.

dd. For Lake Drummond, located within the boundaries of Chesapeake and Suffolk in the Great Dismal Swamp, chlorophyll a shall not exceed 35 µg/L and total phosphorus shall not exceed 40 µg/L at a depth of one meter or less.

ee. Maximum temperature for these seasonally stockable trout waters is 26°C and applies May 1 through October 31.

ff. Maximum temperature for these seasonally stockable trout waters is 28°C and applies May 1 through October 31.

gg. Little Calfpasture River from the Goshen Dam to 0.76 miles above its confluence with the Calfpasture River has a stream condition index (A Stream Condition Index for Virginia Non-Coastal Streams, September 2003, Tetra Tech, Inc.) of at least 20.5 to protect the subcategory of aquatic life that exists in this river section as a result of the hydrologic modification. From 0.76 miles to 0.02 miles above its confluence with the Calfpasture River, aquatic life conditions are expected to gradually recover and meet the general aquatic life uses at 0.02 miles above its confluence with the Calfpasture River.

hh. Maximum temperature for these seasonally stockable trout waters is 31°C and applies May 1 through October 31.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; 33 USC § 1251 et seq.; 40 CFR 131.

Historical Notes

Derived from VR680-21-07.1, eff. May 20, 1992; amended July 1, 1992; amended, Virginia Register Volume 13, Issue 12, eff. April 2, 1997; Volume 14, Issue 4, eff. December 10, 1997; Volume 19, Issue 23, eff. August 27, 2003; Volume 20, Issue 9, eff. February 12, 2004; Volume 22, Issue 11, eff. January 12, 2006; Volume 24, Issue 4, eff. August 14, 2007; Volume 26, Issue 12, eff. February 1, 2010; Volume 32, Issue 26, eff. June 27, 2017; Volume 36, Issue 11, eff. January 9, 2020.

9VAC25-260-320. (Repealed.)

Historical Notes

Derived from VR680-21-07.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 20, Issue 9, eff. February 12, 2004; repealed, Volume 26, Issue 12, eff. February 1, 2010.

Part VIII
Nutrient Enriched Waters

9VAC25-260-330. Purpose.

The board recognizes that nutrients are contributing to undesirable growths of aquatic plant life in surface waters of the Commonwealth. This standard establishes a designation of "nutrient enriched waters". Designations of surface waters of the Commonwealth as "nutrient enriched waters" are determined by the board based upon an evaluation of the historical water quality data for one or more of the following indicators of nutrient enrichment: chlorophyll "a" concentrations, dissolved oxygen fluctuations, and concentrations of total phosphorus.

Statutory Authority

§§ 62.1-44.15(3) and (10) of the Code of Virginia.

Historical Notes

Derived from VR680-21-07.3-1, eff. May 20, 1992.

9VAC25-260-340. [Repealed]

Historical Notes

Derived from VR680-21-07.3-2, eff. May 20, 1992; repealed, Virginia Register Volume 20, Issue 9, eff. February 12, 2004.

9VAC25-260-350. Designation of nutrient enriched waters.

A. The following state waters are hereby designated as "nutrient enriched waters":

1. Smith Mountain Lake and all tributaries* of the impoundment upstream to their headwaters;

2. (Repealed.)

3. (Repealed.)

4. New River and its tributaries, except Peak Creek above Interstate 81, from Claytor Dam upstream to Big Reed Island Creek (Claytor Lake).

5. Peak Creek from its headwaters to its mouth (confluence with Claytor Lake), including all tributaries to their headwaters;

6. through 20. (Repealed.)

21. Tidal freshwater Blackwater River from the Norfolk and Western railway bridge at Burdette, Virginia, and tidal freshwater Nottoway River from the Norfolk and Western railway bridge at Courtland, Virginia, to the state line, including all tributaries to their headwaters that enter the tidal freshwater portions of the Blackwater River and the Nottoway River; and

22. (Repealed.)

B. Whenever any water body is designated as "nutrient enriched waters," the board shall modify the VPDES permits of point source dischargers into the "nutrient enriched waters" as provided in the board's Policy for Nutrient Enriched Waters (9VAC25-40).

*When the word "tributaries" is used in this standard, it does not refer to the mainstem of the water body that has been named.

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.

Historical Notes

Derived from VR680-21-07.3-3, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998; amended, Virginia Register Volume 16, Issue 17, eff. June 7, 2000; Volume 21, Issue 23, eff. June 24, 2005; Volume 26, Issue 12, eff. February 1, 2010.

Part IX
River Basin Section Tables

9VAC25-260-360. Section number and description columns.

A. Basin descriptions. The tables that follow divide the state's surface waters into 10 river basins, some with subbasins: Potomac River Basin (Potomac and Shenandoah Subbasins), James River Basin (Appomattox River Subbasin), Rappahannock River Basin, Roanoke River Basin, Yadkin River Basin, Chowan and Dismal Swamp Basin (Chowan and Albemarle Sound Subbasins), Tennessee and Big Sandy Basins (Big Sandy, Clinch and Holston Subbasins), Chesapeake Bay, Atlantic Ocean and Small Coastal Basin, York River Basin and New River Basin. (See Figure 2.)

Figure 2.

Each basin is further divided into sections. Each section is assigned a class, represented by Roman Numerals I through VII, based on its geographic location or, in the case of trout waters, on its use. Descriptions of these classes are found in 9VAC25-260-50.

B. Potomac water supplies (raw water intakes). The Leesburg and County of Fairfax intakes in the Potomac are in Maryland waters and the board cannot adopt the public water supply criteria in 9VAC25-260-140 B to apply at the raw water intake points. However, applications to discharge into, or otherwise alter the physical, chemical, or biological properties of Virginia waters within an area five miles upstream of the intake will be reviewed on a case-by-case basis to ensure that they will protect the water supply. Basin sections where this would be applicable are shown with an asterisk (*) in the basin and section description columns.

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.

Historical Notes

Derived from VR680-21-08.1, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 26, Issue 12, eff. February 1, 2010.

9VAC25-260-370. Classification column.

A. DO, pH and temperature criteria. The classification column defines the class of waters to which the basin section belongs in accordance with the class descriptions given in 9VAC25-260-50. 9VAC25-260-50 defines the state's seven classes (I through VII) and the dissolved oxygen (DO), pH and maximum temperature that apply to each class. By finding the class of waters for a basin section in the classification column and referring to 9VAC25-260-50, the DO, pH and maximum temperature criteria can be found for each basin section.

B. DGIF trout waters. The Department of Game and Inland Fisheries (DGIF) has established a classification system for trout waters based on aesthetics, productivity, resident fish population and stream structure. Classes i through iv rate wild trout habitat; Classes v through viii rate cold water habitat not suitable for wild trout but adequate for year-round hold-over of stocked trout. The DGIF classification system is included in this publication with the board's trout water classes (Class V—Stockable trout waters and Class VI—Natural trout waters) in the class column of the River Basin Section Tables 9VAC25-260-390 et seq.

DGIF trout water classifications which are not consistent with board classifications for stockable trout waters or natural trout waters are shown with a double asterisk (**) in the class column of the River Basin Section Tables 9VAC25-260-390 et seq. These trout waters have been identified for reevaluation by the DGIF. Those trout waters which have no DGIF classification are shown with a triple asterisk (***). The DGIF classes are described below. Inclusion of these DGIF classes provides additional information about specific streams for permit writers and other interested persons. Trout waters classified as classes i or ii by the DGIF are also recognized in 9VAC25-260-110.

DGIF STREAM CLASS DESCRIPTIONS.

Wild natural trout streams.

Class i. Stream of outstanding natural beauty possessing wilderness or at least remote characteristics, an abundance of large deep pools, and excellent fish cover. Substrate is variable with an abundance of coarse gravel and rubble. Stream contains a good population of wild trout or has the potential for such. Would be considered an exceptional wild trout stream.

Class ii. Stream contains a good wild trout population or the potential for one but is lacking in aesthetic quality, productivity, and/or in some structural characteristic. Stream maintains good water quality and temperature, maintains at least a fair summer flow, and adjacent land is not extensively developed. Stream would be considered a good wild trout stream and would represent a major portion of Virginia's wild trout waters.

Class iii. Stream which contains a fair population of wild trout with carrying capacity depressed by natural factors or more commonly man-related landuse practices. Land use activities may result in heavy siltation of the stream, destruction of banks and fish cover, water quality degradation, increased water temperature, etc. Most streams would be considered to be in the active state of degradation or recovery from degradation. Alteration in landuse practices would generally improve carrying capacity of the stream.

Class iv. Stream which contains an adequately reproducing wild trout population but has severely reduced summer flow characteristics. Fish are trapped in isolated pools where they are highly susceptible to predators and fishermen. Such streams could quickly be over-exploited and, therefore, provide difficult management problems.

Stockable trout streams.

Class v. Stream does not contain an adequately reproducing wild trout population nor does it have the potential for such. However, water quality is adequate, water temperature is good, and invertebrate productivity is exceptional. Pools are abundant with good size and depth and fish cover is excellent. Stream would be good for stocked trout but may offer more potential for a fingerling stocking program.

Class vi. Stream does not contain a significant number of trout nor a significant population of warmwater gamefish. Water quality is adequate and water temperature good for summer carryover of stocked trout. Summer flow remains fair and adjacent land is not extensively developed. All streams in this class would be considered good trout stocking water.

Class vii. Stream does not contain a significant number of trout nor a significant population of warmwater gamefish. Water quality and temperature are adequate for trout survival but productivity is marginal as are structural characteristics. Streams in this class could be included in a stocking program but they would be considered marginal and generally would not be recommended for stocking.

Class viii. Stream does not contain a significant number of trout nor a significant population of warmwater gamefish. Water quality and temperature are adequate for trout but summer flows are very poor (less than 30% of channel). Streams in this class can provide good trout fishing during spring and early summer but would not be recommended for summer or fall stocking.

Other. Remaining streams would be considered unsuitable for any type of trout fishery. Streams would be considered unsuitable under any of the following conditions:

(a) summer temperatures unsuitable for trout survival;

(b) stream contains a significant population of warmwater gamefish;

(c) insufficient flow; or

(d) intolerable water quality.

Statutory Authority

§ 62.1-44.15(3a) of the Code of Virginia.

Historical Notes

Derived from VR680-21-08.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998.

9VAC25-260-380. Special standards column.

A. Bacteria criteria. All surface waters have criteria for fecal coliform bacteria. The bacteria criteria for shellfish waters are set forth in 9VAC25-260-160; the criteria applying to recreational waters are found in 9VAC25-260-170. The letter "a" in the special standards column next to a river basin section indicates that there are shellfish waters somewhere within that section and the bacteria criteria for shellfish waters applies to those shellfish waters. (It should be noted that even though the column contains the letter "a" the entire section may not be shellfish waters.)

B. Natural variation. In some cases natural water quality does not fall within the criteria set by these standards. (For example streams in some areas of the state may naturally exceed the usual pH range of 6.0 to 9.0.) In these instances the board may have set more appropriate criteria that reflect natural quality, and this special limit is shown in the special standards column.

C. Additional requirements. In other cases the basic water quality parameters of DO, pH, temperature, and bacteria have not been sufficient to protect water quality in certain areas, and effluent limits or treatment requirements have been established for these areas. This fact is also indicated in the special standards column. If the applicable standard was too long to print in its entirety in that column, the column contains only a lower case letter, and the standard itself will be found in the special standards 9VAC25-260-310 under that letter.

D. Other special standards or designations.

1. Public water supplies (PWS). Sections that are public water supplies are indicated in the special standards column with a PWS. This designation indicates that additional criteria are applicable in this section. See 9VAC25-260-140 B for applicable criteria. Taste and odor criteria to maintain acceptable taste, odor or aesthetic quality of drinking water apply at the drinking water intake.

2. Nutrient enriched waters (NEW). If a section contains a waterbody that has been designated as nutrient enriched in 9VAC25-260-350, the special standards column indicates this with the letters "NEW-" followed by a number. The appropriate waterway can be found listed in 9VAC25-260-350. The entire section is not necessarily nutrient enriched, only that portion specifically listed in 9VAC25-260-350.

3. Exceptional state waters (ESW). If a section contains a waterbody that has been designated as exceptional state waters in 9VAC25-260-30 A 3 the special standard column indicates this with ESW followed by a number. The appropriate waterway can be found listed in 9VAC25-260-30 A 3 c. The entire section within the basin table is not necessarily designated as exceptional state waters, only that portion specifically listed in 9VAC25-260-30 A 3 c.

4. If a section contains a waterbody that has been assigned a special standard (indicated by lower case letters in the special standards column), the appropriate waterway can be found listed in 9VAC25-260-310. The special standard does not necessarily apply to the entire section, only that portion specifically listed in 9VAC25-260-310.

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.

Historical Notes

Derived from VR680-21-08.3, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 20, Issue 9, eff. February 12, 2004; Volume 26, Issue 12, eff. February 1, 2010.

9VAC25-260-390. Potomac River Basin (Potomac River Subbasin).

Potomac River Subbasin

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

II

a

Tidal tributaries of the Potomac River from Smith Point to Upper Machodoc Creek (Baber Point).

1a

III

All free flowing portions of tributaries to the Potomac River from Smith Point to the Route 301 Bridge in King George County unless otherwise designated in this chapter.

VII

Swamp waters in Section 1a

Mattox Creek and its tributaries from the head of tidal waters to their headwaters.

Monroe Creek and tributaries from the head of tidal waters at Route 658 to their headwaters.

Pine Hill Creek and its tributaries from the confluence with Rosier Creek to their headwaters.

Popes Creek and Canal Swamp (a tributary to the tidal portion of Popes Creek) and their tributaries from the head of tidal waters to their respective headwaters.

1b

III

b

All free flowing portions of tributaries to the Potomac River from the Route 301 Bridge in King George County to, and including, Potomac Creek, unless otherwise designated in this chapter.

1c

III

PWS,b

Potomac Creek and its tributaries from the Stafford County water supply dam (Abel Lake Reservoir) to their headwaters.

2

II

a

Tidal Upper Machodoc Creek and the tidal portions of its tributaries.

2a

III

Free flowing portions of Upper Machodoc Creek and its tributaries.

3

II

b

Tidal portions of the tributaries to the Potomac River from the Route 301 Bridge in King George County to Marlboro Point.

4

II

b

Tidal portions of the tributaries to the Potomac River from Marlboro Point to Brent Point (to include Aquia Creek and its tributaries).

4a

III

b

Free flowing portions of tributaries to the Potomac River in Section 4 up to the Aquia Sanitary District Water Impoundment.

4b

III

PWS,b

Aquia Creek from the Aquia Sanitary District Water Impoundment, and other tributaries into the impoundment, including Beaverdam Run and the Lunga Reservoir upstream to their headwaters.

5

II

b

Tidal portions of tributaries to the Potomac River from Brent Point to Shipping Point, including tidal portions of Chopawamsic Creek and its tidal tributaries.

5a

III

b

Free flowing portions of Chopawamsic Creek and its tributaries upstream to Quantico Marine Base water supply dam.

5b

III

PWS,b

Chopawamsic Creek and its tributaries above the Quantico Marine Base water supply intakes at the Gray and Breckenridge Reservoirs to their headwaters.

6

II

b, y

Tidal portions of tributaries to the Potomac River from Shipping Point to Chain Bridge.

7

III

b

Free flowing portions of tributaries to the Potomac River from Shipping Point to Chain Bridge, unless otherwise designated in this chapter.

7a

III

g

Occoquan River and its tributaries to their headwaters above Fairfax County Water Authority's water supply impoundment, unless otherwise designated in this chapter.

7b

III

PWS,g

The impounded waters of Occoquan River above the water supply dam of the Fairfax County Water Authority to backwater of the impoundment on Bull Run and Occoquan River, and the tributaries of Occoquan above the dam to points 5 miles above the dam.

7c

III

PWS,g

Broad Run and its tributaries above the water supply dam of the City of Manassas upstream to points 5 miles above the dam.

7d

(Deleted)

7e

III

PWS,g

Cedar Run and its tributaries from the Town of Warrenton's raw water intake to points 5 miles upstream (Fauquier County).

7f

III

PWS,g

The Quantico Marine Base Camp Upshur and its tributaries' raw water intake on Cedar Run (located approximately 0.2 mile above its confluence with Lucky Run) to points 5 miles upstream.

7g

III

PWS,g

The proposed impounded waters of Licking Run above the multiple purpose impoundment structure in Licking Run near Midland (Fauquier County) upstream to points 5 miles above the proposed impoundment.

7h

III

PWS,g

The proposed impounded waters of Cedar Run above the proposed multiple purpose impoundment structure on the main stem of Cedar Run near Auburn (Fauquier County), to points 5 miles above the impoundment.

8

III

PWS

Tributaries to the Potomac River in Virginia between Chain Bridge and the Monacacy River from their confluence with the Potomac upstream 5 miles, to include Goose Creek to the City of Fairfax's raw water intake, unless otherwise designated in this chapter.

8a

VI

PWS

Big Spring Creek and its tributaries in Loudoun County, from its confluence with the Potomac River upstream to their headwaters. (The temperature standard for natural trout water may be exceeded in the area above Big Spring and Little Spring at Routes 15 and 740 due to natural conditions). This section was given a PWS designation due to the Town of Leesburg's intake on the Potomac as referenced in Section 8b.

iii

Big Spring Creek from its confluence with the Potomac River upstream to Big Spring.

8b

III

PWS

Those portions of Virginia tributaries into the Potomac River that are within a 5 mile distance upstream of the Town of Leesburg's intake on the Potomac River, unless otherwise designated in this chapter.*

8c

III

PWS

Those portions of Virginia tributaries into the Potomac River that are within a 5 mile distance upstream of the County of Fairfax's intake on the Potomac River.*

9

III

Broad Run, Sugarland Run, Difficult Run, Tuscarora Creek, Sycolin Creek, and other streams tributary to streams in Section 8 from a point 5 miles above their confluence with the Potomac River to their headwaters, unless otherwise designated in this chapter.

9a

III

PWS

All the impounded water of Goose Creek from the City of Fairfax's water supply dam upstream to backwater, and its tributaries above the dam to points 5 miles above the dam.

9b

III

PWS

The Town of Round Hill's (inactive-early 1980s) raw water intake at the Round Hill Reservoir, and including the two spring impoundments located northwest of the town on the eastern slope of the Blue Ridge Mountains.

9c

III

PWS

Unnamed tributary to Goose Creek, from Camp Highroad's (inactive-late 1980s) raw water intake (Loudoun County) located in an old quarry to its headwaters.

9d

III

PWS

Sleeter Lake (Loudoun County).

10

III

Tributaries of the Potomac River from the Monacacy River to the West Virginia-Virginia state line in Loudoun County, from their confluence with the Potomac River upstream to their headwaters, unless otherwise designated in this chapter.

10a

III

PWS

North Fork Catoctin Creek and its tributaries from Purcellville's raw water intake to their headwaters.

10b

III

South Fork Catoctin Creek and its tributaries from its confluence with the North Fork Catoctin Creek to its headwaters.

11

IV

pH-6.5-9.5

Tributaries of the Potomac River in Frederick and Clarke Counties, Virginia, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 11

***

pH-6.5-9.5

Back Creek (upper) from Rock Enon 4 miles upstream.

***

pH-6.5-9.5

Back Creek (lower) from Route 600 to the mouth of Hogue Creek - 2 miles.

***

hh

Hogue Creek from Route 679 upstream 6 miles to the Forks below Route 612.

vi

pH-6.5-9.5

Opequon Creek (in Frederick County) from its confluence with Hoge Run upstream to the point at which Route 620 first crosses the stream.

vi

pH-6.5-9.6

Turkey Run (Frederick County) from its confluence with Opequon Creek 3.6 miles upstream.

VI

Natural Trout Waters in Section 11

ii

pH-6.5-9.5

Bear Garden Run from its confluence with Sleepy Creek 3.1 miles upstream.

iii

pH-6.5-9.5

Redbud Run from its confluence with Opequon Creek 4.4 miles upstream.

11a

IV

pH-6.5-9.5

Hot Run and its tributaries from its confluence with Opequon Creek to its headwaters.

V

Stockable Trout Waters in Section 11a

vi

pH-6.5-9.5

Clearbrook Run from its confluence with Hot Run 2.1 miles upstream.

12

IV

ESW-6

South Branch Potomac River and its tributaries, such as Strait Creek, and the North Fork River and its tributaries from the Virginia-West Virginia state line to their headwaters.

V

Stockable Trout Waters in Section 12

vi

Frank Run from its confluence with the South Branch Potomac River 0.8 mile upstream.

vii

pH-6.5-9.5

South Branch Potomac River (in Highland County) from 69.2 miles above its confluence with the Potomac River 4.9 miles upstream.

VI

Natural Trout Waters in Section 12

ii

Blights Run from its confluence with Laurel Fork (Highland County) upstream including all named and unnamed tributaries.

ii

Buck Run (Highland County) from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

ii

Collins Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

ii

Laurel Fork (Highland County) from 1.9 miles above its confluence with the North Fork South Branch Potomac River upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Laurel Run (Highland County) from its confluence with Strait Creek upstream including all named and unnamed tributaries.

ii

Locust Spring Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

ii

Lost Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

ii

Mullenax Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

ii

Newman Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

ii

Slabcamp Run from its confluence with Laurel Fork upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Strait Creek (Highland County) from its confluence with the South Branch Potomac River upstream to the confluence of West Strait Creek.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from VR680-21-08.4, eff. May 20, 1992; amended, Virginia Register Volume 13, Issue 12, eff. April 2, 1997; Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 20, Issue 9, eff. February 12, 2004; Volume 26, Issue 12, eff. February 1, 2010; Volume 32, Issue 26, eff. June 27, 2017.

9VAC25-260-400. Potomac River Basin (Shenandoah River Subbasin).

Shenandoah River Subbasin

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

IV

pH-6.5-9.5

Shenandoah River and its tributaries in Clarke County, Virginia, from the Virginia-West Virginia state line to Lockes Landing, unless otherwise designated in this chapter.

1a

IV

PWS pH-6.5-9.5

Shenandoah River and its tributaries from river mile 24.66 (latitude 39°16'19"; longitude 77°54'33") approximately 0.7 mile downstream of the confluence of the Shenandoah River and Dog Run to 5 miles above Berryville's raw water intake, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 1a

vi

pH-6.5-9.5

Chapel Run (Clarke County) from its confluence with the Shenandoah River 5.7 miles upstream.

vi

pH-6.5-9.5

Spout Run (Clarke County) from its confluence with the Shenandoah River (in the vicinity of the Ebenezer Church at Route 604) to its headwaters.

1b

(Deleted)

1c

IV

pH-6.5-9.5

Shenandoah River and its tributaries from a point 5 miles above Berryville's raw water intake to the confluence of the North and South Forks of the Shenandoah River.

VI

Natural Trout Waters in Section 1c

iii

pH-6.5-9.5

Page Brook from its confluence with Spout Run, 1 mile upstream.

***

pH-6.5-9.5

Roseville Run (Clarke County) from its confluence with Spout Run upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Spout Run (Clarke County) from its confluence with the Shenandoah River (in the vicinity of Calmes Neck at Routes 651 and 621), 3.9 miles upstream.

***

pH-6.5-9.5

Westbrook Run (Clarke County) from its confluence with Spout Run upstream including all named and unnamed tributaries.

1d

(Note: Moved to Section 2b).

2

IV

ESW-12,14,15

South Fork Shenandoah River from its confluence with the North Fork Shenandoah River, upstream to a point 5 miles above the Town of Shenandoah's raw water intake and its tributaries to their headwaters in this section, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 2

vii

pH-6.5-9.5

Bear Lithia Spring from its confluence with the South Fork Shenandoah River 0.8 miles upstream.

vi

pH-6.5-9.5

Flint Run from its confluence with the South Fork Shenandoah River 4 miles upstream.

***

pH-6.5-9.5

Gooney Run from the mouth to its confluence with Broad Run above Browntown (in the vicinity of Route 632).

***

pH-6.5-9.5, hh

Hawksbill Creek from Route 675 in Luray to 1 mile above Route 631.

VI

Natural Trout Waters in Section 2

ii

pH-6.5-9.5

Big Creek (Page County) from its confluence with the East Branch Naked Creek upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Big Ugly Run from its confluence with the South Branch Naked Creek upstream including all named and unnamed tributaries.

ii

Boone Run from 4.6 miles above its confluence with the South Fork Shenandoah River (in the vicinity of Route 637) upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Browns Run from its confluence with Big Run upstream including all named and unnamed tributaries.

ii

Cub Run (Page County) from Pitt Spring Run upstream including all named and unnamed tributaries.

***

pH-6.5-9.5

Cub Run from its mouth to Pitt Spring Run.

i

pH-6.5-9.5

East Branch Naked Creek from its confluence with Naked Creek at Route 759 upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Fultz Run from the Park boundary (river mile 1.8) upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Gooney Run (Warren County) from 6.6 miles above its confluence with the South Fork Shenandoah River 3.9 miles upstream.

ii

pH-6.5-9.5

Hawksbill Creek in the vicinity of Pine Grove at Route 624 (river mile 17.7) 1.5 miles upstream.

ii

pH-6.5-9.5

Jeremys Run from the Shenandoah National Park boundary upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Lands Run from its confluence with Gooney Run upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Little Creek (Page County) from its confluence with Big Creek upstream including all named and unnamed tributaries.

i

pH-6.5-9.5

Little Hawksbill Creek from Route 626 upstream including all named and unnamed tributaries.

ii

Morgan Run (Page County) from its confluence with Cub Run upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Overall Run from its confluence with the South Fork Shenandoah River 4.8 miles upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Pass Run (Page County) from its confluence with Hawksbill Creek upstream including all named and unnamed tributaries.

ii

Pitt Spring Run from its confluence with Cub Run upstream including all named and unnamed tributaries.

ii

Roaring Run from its confluence with Cub Run upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

South Branch Naked Creek from 1.7 miles above its confluence with Naked Creek (in the vicinity of Route 607) upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Stony Run (Page County) from 1.6 miles above its confluence with Naked Creek upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

West Branch Naked Creek from 2.1 miles above its confluence with Naked Creek upstream including all named and unnamed tributaries.

2a

IV

PWS, pH-6.5-9.5

Happy Creek and Sloan Creek from Front Royal's raw water intake to its headwaters.

2b

IV

PWS

The South Fork Shenandoah River and its tributaries from the Town of Front Royal's raw water intake (at the State Route 619 bridge at Front Royal) to points 5 miles upstream.

2c

(Deleted)

2d

(Deleted)

V

Stockable Trout Waters in Section 2d

VI

Natural Trout Waters in Section 2d

3

IV

pH-6.5-9.5, ESW-16

South Fork Shenandoah River from 5 miles above the Town of Shenandoah's raw water intake to its confluence with the North and South Rivers and its tributaries to their headwaters in this section, and the South River and its tributaries from its confluence with the South Fork Shenandoah River to their headwaters, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 3

vi

pH-6.5-9.5

Hawksbill Creek (Rockingham County) from 0.8 mile above its confluence with the South Fork Shenandoah River 6.6 miles upstream.

vi

pH-6.5-9.5

Mills Creek (Augusta County) from 1.8 miles above its confluence with Back Creek 2 miles upstream.

vi

pH-6.5-9.5

North Fork Back Creek (Augusta County) from its confluence with Back Creek 2.6 miles upstream, unless otherwise designated in this chapter.

VI

Natural Trout Waters in Section 3

i

pH-6.5-9.5

Bearwallow Run from its confluence with Onemile Run upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Big Run (Rockingham County) from 3.3 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Cold Spring Branch (Augusta County) from Sengers Mountain Lake (Rhema Lake) upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Cool Springs Hollow (Augusta County) from Route 612 upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Deep Run (Rockingham County) from 1.8 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

East Fork Back Creek from its confluence with the South Fork Back Creek upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Gap Run from 1.7 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

iii

Inch Branch (Augusta County) from the dam upstream including all named and unnamed tributaries.

ii

Johns Run (Augusta County) from its confluence with the South River upstream including all named and unnamed tributaries.

iv

Jones Hollow (Augusta County) from 1.1 miles above its confluence with the South River upstream including all named and unnamed tributaries.

ii

Kennedy Creek from its confluence with the South River upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Lee Run from 0.6 mile above its confluence with Elk Run 3.3 miles upstream.

iii

pH-6.5-9.5

Loves Run (Augusta County) from 2.7 miles above its confluence with the South River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Lower Lewis Run (Rockingham County) from 1.7 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Madison Run (Rockingham County) from 2.9 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Meadow Run (Augusta County) from its confluence with the South River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

North Fork Back Creek (Augusta County) from river mile 2.6 (in the vicinity of its confluence with Williams Creek) upstream including all named and unnamed tributaries.

i

pH-6.5-9.5

Onemile Run (Rockingham County) from 1.5 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

iv

Orebank Creek from its confluence with Back Creek upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Paine Run (Augusta County) from 1.7 miles above its confluence with the South River upstream including all named and unnamed tributaries.

ii

Robinson Hollow (Augusta County) from the dam upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Rocky Mountain Run from its confluence with Big Run upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Sawmill Run from 2.5 miles above its confluence with the South River upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

South Fork Back Creek from its confluence with Back Creek at Route 814 (river mile 2.1) upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Stony Run (Augusta County) from 3.5 miles above its confluence with the South River upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Stony Run (Rockingham County) from 4.1 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

iii

Toms Branch (Augusta County) from 1.1 miles above its confluence with Back Creek upstream including all named and unnamed tributaries.

i

pH-6.5-9.5

Twomile Run from 1.4 miles above its confluence with the South Fork Shenandoah River upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Upper Lewis Run from 0.5 mile above its confluence with Lower Lewis Run upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

West Swift Run (Rockingham County) from the Route 33 crossing upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Whiteoak Run from its confluence with Madison Run upstream including all named and unnamed tributaries.

3a

IV

pH-6.5-9.5

South River from the dam above Waynesboro (all waters of the impoundment).

3b

IV

PWS

Coles Run and Mills Creek from South River Sanitary District's raw water intake to their headwaters.

VI

PWS

Natural Trout Waters in Section 3b

ii

Coles Run (Augusta County) from 3.9 miles above its confluence with the South River Sanitary District's raw water intake (Coles Run Dam) upstream including all named and unnamed tributaries.

ii

Mills Creek (Augusta County) from the South River Sanitary District's raw water intake (river mile 3.8) upstream including all named and unnamed tributaries.

3c

IV

PWS pH-6.5-9.5

A tributary to Coles Run from Stuarts Draft raw water intake approximately 0.5 mile south of Stuarts Draft and just off Route 610, to its headwaters.

4

IV

pH-6.5-9.5

Middle River and its tributaries from the confluence with the North River upstream to its headwaters, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 4

v

pH-6.5-9.5

Barterbrook Branch from its confluence with Christians Creek 2.8 miles upstream.

***

pH-6.5-9.5

East Dry Branch from its confluence with the Buffalo Branch to its confluence with Mountain Run.

vi

pH-6.5-9.5

Folly Mills Creek from 2.4 miles above its confluence with Christians Creek (in the vicinity of Route 81) 4.5 miles upstream.

VI

Natural Trout Waters in Section 4

iv

Buffalo Branch from Route 703 upstream including all named and unnamed tributaries.

ii

Cabin Mill Run (Augusta County) from the Camp Shenandoah Boy Scout Lake upstream including all named and unnamed tributaries.

iv

East Dry Branch (Augusta County) from the confluence of Mountain Run upstream including all named and unnamed tributaries.

iv

Jennings Branch (Augusta County) from the confluence of White Oak Draft upstream including all named and unnamed tributaries.

4a

IV

PWS pH-6.5-9.5

Middle River and its tributaries from Staunton's raw water intake at Gardner Spring to points 5 miles upstream.

5

IV

pH-6.5-9.5

North River and its tributaries from its confluence with the South River upstream to its headwaters, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 5

v

pH-6.5-9.5

Beaver Creek (Rockingham County) from its confluence with Briery Branch to the spring at a point 2.75 miles upstream.

v

pH-6.5-9.5

Naked Creek (Augusta County) from 3.7 miles above its confluence with the North River at Route 696, 2 miles upstream.

VI

Natural Trout Waters in Section 5

iv

Big Run (Augusta County) from 0.9 mile above its confluence with Little River upstream including all named and unnamed tributaries.

ii

Black Run (Rockingham County) from its mouth upstream including all named and unnamed tributaries.

iii

Briery Branch (Rockingham County) from river mile 6.9 upstream including all named and unnamed tributaries.

iv

Gum Run from its mouth upstream including all named and unnamed tributaries.

iii

Hone Quarry Run from its confluence with Briery Branch upstream including all named and unnamed tributaries.

iv

Little River from its confluence with the North River at Route 718 upstream including all named and unnamed tributaries.

iv

Maple Spring Run from its mouth upstream including all named and unnamed tributaries.

iv

Mines Run from its confluence with Briery Branch upstream including all named and unnamed tributaries.

iv

Rocky Run (which is tributary to Briery Branch in Rockingham County) from its mouth upstream including all named and unnamed tributaries.

iii

Rocky Run (which is tributary to Dry River in Rockingham County) from its mouth upstream including all named and unnamed tributaries.

ii

Union Springs Run from 3 miles above its confluence with Beaver Creek upstream including all named and unnamed tributaries.

iv

Wolf Run (Augusta County) from its confluence with Briery Branch upstream including all named and unnamed tributaries.

5a

IV

PWS pH-6.5-9.5

Silver Lake

5b

IV

PWS pH-6.5-9.5

North River and its tributaries from Harrisonburg's raw water intake at Bridgewater to points 5 miles above Bridgewater's raw water intake to include Dry River and Muddy Creek.

V

PWS

Stockable Trout Waters in Section 5b

v

pH-6.5-9.5

Mossy Creek from its confluence with the North River 7.1 miles upstream.

v

pH-6.5-9.5

Spring Creek (Rockingham County) from its confluence with the North River 2 miles upstream.

5c

IV

PWS

Dry River (Rockingham County) from Harrisonburg's raw water intake (approximately 11.7 miles above its confluence with the North River) to a point 5 miles upstream, unless otherwise designated in this chapter.

V

PWS

Stockable Trout Waters in Section 5c

viii

Raccoon Run (Rockingham County) from its confluence with Dry River to its headwaters.

VI

PWS

Natural Trout Waters in Section 5c

iv

Dry River (Rockingham County) from Harrisonburg's raw water intake (approximately 11.7 miles above its confluence with the North River) to a point 5 miles upstream.

iv

Dry Run (Rockingham County) from its confluence with Dry River upstream including all named and unnamed tributaries.

iv

Hopkins Hollow from its confluence with Peach Run upstream including all named and unnamed tributaries.

iv

Kephart Run from its confluence with Dry River upstream including all named and unnamed tributaries.

5d

VI

Dry River and its tributaries from 5 miles above Harrisonburg's raw water intake to its headwaters.

VI

Natural Trout Waters in Section 5d

iv

Dry River (Rockingham County) from 5 miles above Harrisonburg's raw water intake upstream including all named and unnamed tributaries.

ii

Laurel Run (Rockingham County) from its confluence with Dry River upstream including all named and unnamed tributaries.

ii

Little Laurel Run from its confluence with Dry River upstream including all named and unnamed tributaries.

ii

Low Place Run from its confluence with Dry River upstream including all named and unnamed tributaries.

iv

Miller Spring Run from its confluence with Dry River upstream including all named and unnamed tributaries.

iii

Sand Run from its confluence with Dry River upstream including all named and unnamed tributaries.

iv

Skidmore Fork from its confluence with Dry River upstream including all named and unnamed tributaries.

5e

VI

PWS

North River and its tributaries from Staunton Dam to their headwaters.

VI

Natural Trout Waters in Section 5e

iv

North River from Elkhorn Dam upstream including all named and unnamed tributaries.

6

IV

pH-6.5-9.5

North Fork Shenandoah River from its confluence with the Shenandoah River to its headwaters, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 6

vi

pH-6.5-9.5

Bear Run from its confluence with Foltz Creek to its headwaters.

vi

pH-6.5-9.5

Bull Run (Shenandoah County) from its confluence with Foltz Creek to its headwaters.

vi

pH-6.5-9.5

Falls Run from its confluence with Stony Creek to its headwaters.

vi

pH-6.5-9.5

Foltz Creek from its confluence with Stony Creek to its headwaters.

vi

pH-6.5-9.5

Little Passage Creek from its confluence with Passage Creek to the Strasburg Reservoir Dam.

***

pH-6.5-9.5, hh

Mill Creek from Mount Jackson to Route 720 - 3.5 miles.

vi

pH-6.5-9.5

Mountain Run from its mouth at Passage Creek to its headwaters.

***

pH-6.5-9.5

Passage Creek from the U.S. Forest Service line (in the vicinity of Blue Hole and Buzzard Rock) 4 miles upstream.

vi

pH-6.5-9.5

Passage Creek from 29.6 miles above its confluence with the North Fork Shenandoah River to its headwaters.

vi

pH-6.5-9.5

Peters Mill Run from the mouth to its headwaters.

***

pH-6.5-9.5

Shoemaker River from 612 at Hebron Church to its junction with Route 817 at its confluence with Slate Lick Branch.

v

pH-6.5-9.5

Stony Creek from its confluence with the North Fork Shenandoah River to Route 682.

***

pH-6.5-9.5

Stony Creek from Route 682 above Edinburg upstream to Basye.

VI

Natural Trout Waters in Section 6

ii

pH-6.5-9.5

Anderson Run (Shenandoah County) from 1.1 miles above its confluence with Stony Creek upstream including all named and unnamed tributaries.

iv

Beech Lick Run from its confluence with the German River upstream including all named and unnamed tributaries.

iii

Bible Run from its confluence with Little Dry River upstream including all named and unnamed tributaries.

ii

Camp Rader Run from its confluence with the German River upstream including all named and unnamed tributaries.

iv

Carr Run from its confluence with Little Dry River upstream including all named and unnamed tributaries.

iv

Clay Lick Hollow from its confluence with Carr Run upstream including all named and unnamed tributaries.

iv

Gate Run from its confluence with Little Dry River upstream including all named and unnamed tributaries.

iv

German River (Rockingham County) from its confluence with the North Fork Shenandoah River at Route 820 upstream including all named and unnamed tributaries.

ii

Laurel Run (Shenandoah County) from its confluence with Stony Creek upstream including all named and unnamed tributaries.

ii

Little Stony Creek from its confluence with Stony Creek upstream including all named and unnamed tributaries.

iv

Marshall Run (Rockingham County) from 1.2 miles above its confluence with the North Fork Shenandoah River upstream including all named and unnamed tributaries.

iii

pH-6.5-9.5

Mine Run (Shenandoah County) from its confluence with Passage Creek upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Poplar Run (Shenandoah County) from its confluence with Little Stony Creek upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Rattlesnake Run (Rockingham County) from its confluence with Spruce Run upstream including all named and unnamed tributaries.

iv

Root Run from its confluence with Marshall Run upstream including all named and unnamed tributaries.

iv

Seventy Buck Lick Run from its confluence with Carr Run upstream including all named and unnamed tributaries.

iv

Sirks Run (Spring Run) from 1.3 miles above its confluence with Crab Run upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Spruce Run (Rockingham County) from its confluence with Capon Run upstream including all named and unnamed tributaries.

iv

pH-6.5-9.5

Sumac Run from its confluence with the German River upstream including all named and unnamed tributaries.

6a

IV

PWS pH-6.5-9.5

Little Passage Creek from the Strasburg Reservoir Dam upstream to its headwaters, unless otherwise designated in this chapter.

V

PWS

Stockable Trout Waters in Section 6a

vi

pH-6.5-9.5

Little Passage Creek from the Strasburg Reservoir Dam upstream to its headwaters.

6b

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from the Winchester raw water intake to points 5 miles upstream (to include Cedar Creek and its tributaries to their headwaters).

V

PWS

Stockable Trout Waters in Section 6b

***

pH-6.5-9.5

Cedar Creek (Shenandoah County) from Route 55 (river mile 23.56) to the U.S. Forest Service Boundary (river mile 32.0) - approximately 7 miles.

v

PWS pH-6.5-9.5

Meadow Brook (Frederick County) from its confluence with Cedar Creek 5 miles upstream.

VI

PWS

Natural Trout Waters in Section 6b

iii

pH-6.5-9.5

Cedar Creek (Shenandoah County) from the U.S. Forest Service boundary (river mile 32.0) near Route 600 upstream including all named and unnamed tributaries.

ii

pH-6.5-9.5

Duck Run from its confluence with Cedar Creek upstream including all named and unnamed tributaries.

Paddy Run (Frederick County) from the mouth upstream including all named and unnamed tributaries.

***

Paddy Run (Frederick County) from its mouth (0.0) to river mile 1.8.

vi**

Paddy Run (Frederick County) from river mile 1.8 to river mile 8.1‑6.3 miles.

iii

pH-6.5-9.5

Sulphur Springs Gap (Shenandoah County) from its confluence with Cedar Creek 1.9 miles upstream.

6c

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from Strasburg's raw water intake to points 5 miles upstream.

6d

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from Woodstock's raw water intake (approximately 0.25 mile upstream of State Route 609 bridge near Woodstock) to points 5 miles upstream.

6e

IV

PWS pH-6.5-9.5

Smith Creek and its tributaries from New Market's raw water intake to their headwaters.

Natural Trout Waters in Section 6e

iv

pH-6.5-9.5

Mountain Run (Fridley Branch, Rockingham County) from Route 722 upstream including all named and unnamed tributaries.

6f

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from the Food Processors Water Coop, Inc. dam at Timberville and the Town of Broadway's intakes on Linville Creek and the North Fork Shenandoah to points 5 miles upstream.

6g

IV

Shoemaker River and its tributaries from Slate Lick Run, and including Slate Lick Run, to its headwaters.

V

Stockable Trout Waters in Section 6g

***

Slate Lick Run from its confluence with the Shoemaker River upstream to the 1500 foot elevation.

VI

Natural Trout Waters in Section 6g

iv

Long Run (Rockingham County) from its confluence with the Shoemaker River upstream including all named and unnamed tributaries.

iv

Slate Lick Run from the 1500 foot elevation upstream including all named and unnamed tributaries.

6h

IV

PWS pH-6.5-9.5

Unnamed tributary of North Fork Shenandoah River (on the western slope of Short Mountain opposite Mt. Jackson) from the Town of Mt. Jackson's (inactive mid-1992) raw water intake (north and east dams) to its headwaters.

6i

IV

PWS pH-6.5-9.5

Little Sulfur Creek, Dan's Hollow and Horns Gully (tributaries of the North Fork Shenandoah River on the western slope of Short Mountain opposite Mt. Jackson) which served as a water supply for the Town of Edinburg until March 31, 1992, from the Edinburg intakes upstream to their headwaters.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from VR680-21-08.5, eff. December 5, 1990; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998; amended, Volume 16, Issue 17, eff. June 7, 2000; Volume 20, Issue 9, eff. February 12, 2004; Volume 26, Issue 12, eff. February 1, 2010; Volume 32, Issue 26, eff. June 27, 2017.

9VAC25-260-410. James River Basin (Lower).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION


1

II

a,z, bb, ESW-11

James River and its tidal tributaries from Old Point Comfort ‑ Fort Wool to the end of tidal waters (fall line, Mayo's Bridge, 14th Street, Richmond), except prohibited or spoil areas, unless otherwise designated in this chapter.

1a

III

Free flowing or nontidal portions of streams in Section 1, unless otherwise designated in this chapter.

VII

Swamp waters in Section 1a

Gunns Run and its tributaries from the head of tide at river mile 2.64 to its headwaters.

1b

II

a,z

Eastern and Western Branches of the Elizabeth River and tidal portions of their tributaries from their confluence with the Elizabeth River to the end of tidal waters.

1c

III

Free flowing portions of the Eastern Branch of the Elizabeth River and its tributaries. Includes Salem Canal up to its intersection with Timberlake Road at N36°48'35.67"/W76°08'31.70".

1d

II

a,z

Southern Branch of the Elizabeth River from its confluence with the Elizabeth River to the lock at Great Bridge.

1e

III

Free flowing portions of the Western Branch of the Elizabeth River and of the Southern Branch of the Elizabeth River from their confluence with the Elizabeth River to the lock at Great Bridge.

1f

II

a

Nansemond River and its tributaries from its confluence with the James River to Suffolk (dam at Lake Meade), unless otherwise designated in this chapter.

1g

III

Shingle Creek from its confluence with the Nansemond River to its headwaters in the Dismal Swamp.

VII

Swamp waters in Section 1g

Shingle Creek and its tributaries from the head of tide (approximately 500 feet downstream of Route 13/337) to their headwaters.

1h

III

PWS

Lake Prince, Lake Burnt Mills and Western Branch impoundments for Norfolk raw water supply and Lake Kilby ‑ Cahoon Pond, Lake Meade and Lake Speight impoundments for Portsmouth raw water supply and including all tributaries to these impoundments.

VII

Swamp waters in Section 1h

Eley Swamp and its tributaries from Route 736 upstream to their headwaters.

1i

III

Free flowing portions of the Pagan River and its free flowing tributaries.

1j

(Deleted)

1k

III

PWS

Skiffes Creek Reservoir (Newport News water impoundment).

1l

III

PWS

The Lone Star lakes and impoundments in the City of Suffolk, Chuckatuck Creek watershed which serve as a water source for the City of Suffolk.

1m

III

PWS

The Lee Hall Reservoir system, near Skiffes Creek and the Warwick River, in the City of Newport News.

1n

III

PWS

Chuckatuck Creek and its tributaries from Suffolk's raw water intake (at Godwin's Millpond) to a point 5 miles upstream.

1o

II

PWS, bb

James River from City Point (Hopewell) to a point 5 miles upstream.

1p

III

PWS

Free flowing tributaries to section 1o.

2

III

Free flowing tributaries of the Chickahominy River to Walkers Dam, unless otherwise designated in this chapter.

VII

Swamp waters in Section 2

Morris Creek and its tributaries from the head of tide at river mile 5.97 upstream to its headwaters.

2a

III

PWS

Diascund Creek and its tributaries from Newport News's raw water intake dam to its headwaters.

2b

III

PWS

Little Creek Reservoir and its tributaries from the City of Newport News impoundment dam to 5 miles upstream of the raw water intake.

3

III

m

Chickahominy River and its tributaries from Walkers Dam to Bottoms Bridge (Route 60 bridge), unless otherwise designated in this chapter.

VII

Swamp waters in Section 3

m

Chickahominy River from its confluence with Toe Ink Swamp at river mile 43.07 upstream to Bottoms Bridge (Route 60).

m

Rumley Marsh and tributaries from the confluence of an unnamed tributary at river mile 2.61, upstream to the confluence with Beus Swamp. Beus Swamp, Piney Branch, and Pelham Swamp above the confluence of Beus Swamp are excluded.

m

White Oak Swamp and its tributaries from its confluence with the Chickahominy River to their headwaters.

3a

III

PWS,m

Chickahominy River and its tributaries from Walkers Dam to points 5 miles upstream.

4

III

m

Chickahominy River and its tributaries, unless otherwise designated in this chapter, from Bottoms Bridge (Route 60 bridge) to its headwaters.

VII

Swamp waters in Section 4

m

Chickahominy River from Bottoms Bridge (Route 60) upstream to its confluence with Stony Run at rivermile 71.03.

m

Stony Run and tributaries from the confluence with Chickahominy River to their headwaters.

4a

III

Free flowing tributaries to the James River from Brandon to the fall line at Richmond, unless otherwise designated in this chapter.

VII

Swamp waters in Section 4a

Fourmile Creek and its tributaries to their headwaters.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from VR680-21-08.6, eff. May 25, 1988; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 20, Issue 9, eff. February 12, 2004; Volume 22, Issue 11, eff. January 12, 2006; Volume 26, Issue 12, eff. February 1, 2010; Volume 32, Issue 26, eff. June 27, 2017.

9VAC25-260-415. James River Basin (Lower) (Appomattox River Subbasin).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

5

II

Appomattox River and its tidal tributaries from its confluence with the James River to the end of tidal waters.

5a

II

PWS

Appomattox River and its tidal tributaries from its mouth to 5 miles upstream of the Virginia-American Water Company's raw water intake.

5b

III

PWS

Free flowing tributaries to Section 5a.

5c

III

Appomattox River from the head of tidal waters, and free flowing tributaries to the Appomattox River, to their headwaters, unless otherwise designated in this chapter.

VII

Swamp waters in Section 5c

Skinquarter Creek from its confluence with the Appomattox River upstream to river mile 5.27.

Deep Creek from the confluence with Winningham Creek downstream to the confluence of Little Creek, a distance of 5.4 river miles.

Winticomack Creek from its confluence with the Appomattox River to its headwaters including unnamed tributaries at river miles 1.92, 3.15, 8.77, and 11.16.

5d

III

Swift Creek and its tributaries from the dam at Pocahontas State Park upstream to Chesterfield County's raw water impoundment dam.

5e

III

PWS

Swift Creek and its tributaries from Chesterfield County's raw water impoundment dam to points 5 miles upstream.

5f

III

PWS

Appomattox River and its tributaries from Appomattox River Water Authority's raw water intake located at the dam at Lake Chesdin to the headwaters of the lake.

VII

Swamp waters in Section 5f

Winterpock Creek and its tributaries (excluding Surline Branch) from its confluence with Lake Chesdin upstream to river mile 8.47.

5g

III

PWS

The Appomattox River and its tributaries from Farmville's raw water intake (approximately 2.5 miles above the Route 15/45 bridge) to points 5 miles upstream.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Historical Notes

Derived from Virginia Register Volume 20, Issue 9, eff. February 12, 2004; amended, Volume 26, Issue 12, eff. February 1, 2010; Volume 32, Issue 26, eff. June 27, 2017.

9VAC25-260-420. James River Basin (Middle).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

6

III

James River and its tributaries from the fall line at Richmond (Mayo's Bridge, 14th Street) to the Rockfish River unless otherwise designated in this chapter.

7

(Deleted)

7a

(Deleted)

8

III

James River and its tributaries from the low water dam above 14th Street Bridge to Richmond's raw water intake at Williams Island Dam.

9

III

PWS,n

James River and its tributaries, unless otherwise designated in this chapter, from Richmond's raw water intake at Douglasdale Road, inclusive of the Williams Island Dam intake, the Henrico County raw water intake and the Benedictine Society's raw water intake to river mile 127.26 (at latitude 37°35'24"; longitude 77°42'33") near public landing site.

9a

III

PWS,o

Tuckahoe Creek and its tributaries from its confluence with the James River to its headwaters.

VII

Swamp waters in Section 9a

Tuckahoe Creek from its confluence with Little Tuckahoe Creek to the confluence with the James River.

10

III

James River and its tributaries from a point at latitude 37°40'32"; longitude 77°54'08" to, and including the Rockfish River, unless otherwise designated in this chapter.

V

Stockable Trout Waters in Section 10

vii

Lynch River from the upper Route 810 crossing near the intersection of Route 628 2.9 miles upstream (to Ivy Creek).

***

Rockfish Creek from its confluence with the South Fork Rockfish River to its headwaters.

VI

Natural Trout Waters in Section 10

ii

Doyles River from 6.4 miles above its confluence with Moormans River above Browns Cove at Route 629 including all named and unnamed tributaries.

iii

Fork Hollow from its confluence with Ivy Creek upstream including all named and unnamed tributaries.

iii

Ivy Creek (Greene County) from its confluence with the Lynch River upstream including all named and unnamed tributaries.

ii

Jones Falls Run from its confluence with Doyles River upstream including all named and unnamed tributaries.

ii

Little Stony Creek (Nelson County) from its confluence with Stony Creek upstream including all named and unnamed tributaries.

iv

Mill Creek (Nelson County) from its confluence with Goodwin Creek upstream including all named and unnamed tributaries.

ii

Mutton Hollow from its confluence with Swift Run upstream including all named and unnamed tributaries.

iv

Pauls Creek (Nelson County) from 1.3 miles above its confluence with the North Fork Rockfish River upstream including all named and unnamed tributaries.

iv

Rodes Creek from its confluence with Goodwin Creek upstream including all named and unnamed tributaries.

ii

South Fork Rockfish River from 8 miles above its confluence with the Rockfish River upstream including all named and unnamed tributaries.

ii

<