HomeMy WebLinkAboutWPO201800067 Approval - Agencies 2011-12-20COMMONWEALTH of VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Street address: 629 East Main Street, Richmond, Virginia 23219
Douglas W. Domenech Mailing address: P.O. Box 1105, Richmond, Virginia 23218 David K. Paylor
Secretary of Natural Resources TDD (804) 698-4021 Director
www.deq.virginia.gov
(804) 698-4020
1-800-592-5482
December 28, 2011
Mr. Thomas G. Frederick
Rivanna Water and Sewer Authority
695 Moores Creek Lane
Charlottesville, VA 22902-9016
RE: Final Major Modification No. 1 of VWP Individual Permit No. 06-1574
Ragged Mountain Expansion Project, Albemarle County, Virginia
Dear Mr. Frederick:
Pursuant to the Virginia Water Protection (VWP) Permit Program Regulation 9 VAC 25-210-10
et seq., § 401 of the Clean Water Act Amendments of 1977, and Public Law 95-217, the
Department of Environmental Quality (DEQ) has enclosed the final Major Modification No. 1 of
the Virginia Water Protection individual permit for the project referenced above.
As provided by Rule 2A:2 of the Supreme Court of Virginia, you have 30 calendar days from the
date of service (the date you actually received this decision or the date it was mailed to you,
whichever occurred first) within which to appeal this decision by filing a notice of appeal in
accordance with the Rules of the Supreme Court of Virginia with the Director, Department of
Environmental Quality. In the event that this decision is served on you by mail, three days are
added to that period. Refer to Part 2A of the Rules of the Supreme Court of Virginia for
additional requirements governing appeals from administrative agencies.
Alternatively, any owner under §§62.1-44.16, 62.1-44.17, and 62.1-44.19 of the State Water
Control Law aggrieved by any action the board has taken without a formal hearing, or by
inaction of the board, may demand in writing a formal hearing of such owner's grievance,
provided a petition requesting such hearing is filed with the board. Said petition must meet the
requirements set forth in the board's Procedural Rule Number 1 (9 VAC 25-230-130.13). In cases
involving actions of the board, such petition must be filed within 30 calendar days after notice of
such action is sent to such owner by certified mail.
Mr. Thomas Frederick
Page 2 of 2
Please contact me at brenda.winn(°.virainia. og_v or 804-698-4516 if I can be of further
assistance.
Sincerely,
,. U-�4--
Brenda K. Winn
VWP Water Withdrawal Project Manager
Enclosures: Final Modification Cover Page; Final Modification Part I — Special Conditions and
Attachment A; Part II — General Conditions
M.
COMMONWEALTH of VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Street address: 629 East Main Street, Richmond, Virginia 23219
Douglas W. Domemch Mailing address: P.O. Box 1105, Richmond, Virginia 23218
David K. Paylor
Secretary of Natural Resources TDI (804) 698-4021
Director
www.deq.virginia.gov
(804) 6984020
1-800-592-5482
VWP Individual Permit Number 06-1574
Effective Date: February 11, 2008
Minor Modification No. 1 Date: March 20, 2009
Major Modification No. 1 Date: December 20, 2011
Expiration Date: February H, 2023
VIRGINIA WATER PROTECTION PERMIT
MODIFIED PURSUANT TO THE STATE WATER CONTROL LAW
AND SECTION 401 OF THE CLEAN WATER ACT
Based upon an examination of the information submitted by the owner, and in compliance with § 401 of
the Clean Water Act as amended (33 USC 1341) and the State Water Control Law and regulations
adopted pursuant thereto, the State Water Control Board (board) has determined that there is a reasonable
assurance that the activity authorized by this permit, if conducted in accordance with the conditions set
forth herein, will protect instream beneficial uses and will not violate applicable water quality standards.
The board finds that the effect of the impact, together with other existing or proposed impacts to surface
waters, will not cause or contribute to a significant impairment to state waters or fish and wildlife
resources.
Permittee: Rivanna Water and Sewer Authority
Address: 695 Moores Creek Lane Charlottesville, VA 22902-9016
Activity Locations: Ragged Mountain Reservoir and South Fork Rivanna River Reservoir in
Albemarle County, Virginia and a pipeline between the two reservoirs in
Albemarle County and Charlottesville Virginia
Activity Description: The expansion of Ragged Mountain Reservoir for public water supply, including
permanent and temporary flooding, excavation, or filling of 13,085 linear feet of
stream bed, 2.68 acres of wetlands, and 0.06 of an acre open water; the
construction of a pipeline between the two reservoirs; and the construction of
intake structures on South Fork Rivanna River Reservoir and Ragged Mountain
Reservoir and the withdrawal of water from the two reservoirs.
The permitted activity shall be in accordance with this Permit Cover Page, Part I - Special Conditions and
Attachment A, and Part 11- General Conditions.
WWA�) � and
Director, Water Division Date
VWP Individual Permit No. 06-1574, Major Modification No
Part I - Special Conditions
Page 1 of 35
A. Authorized Activities
This permit authorizes the following impacts, as described in: the Joint Permit Application
and Permit Support Document dated June 30, 2006, received by DEQ on July 5, 2006, and
deemed complete by DEQ on May 18, 2007; additional information submitted via
correspondence dated 2006 through May 2007; the request for a permit modification dated
March 22, 2011, received by DEQ on March 24, 2011; and additional information submitted
via correspondence dated July 25 and July 28, 2011.
The permanent inundation and fill of 2.63 acres of non -tidal wetlands, including 0.81
acres of palustrine forested wetlands, 0.08 acres of palustrine scrub -shrub wetlands, and
1.73 acres of palustrine emergent wetlands for the construction of reservoir structures and
filling of the Ragged Mountain Reservoir to a normal pool elevation of up to 683 feet
above mean sea level (msl).
2. The permanent inundation of up to 11,511 linear feet, or approximately 2.2 miles, of
stream bed, including unnamed tributaries of Moores Creek, to raise the normal reservoir
pool elevation up to 683 feet above mean sea level (msl) and for the installation of culvert
extensions and riprap aprons on both sides of Interstate 64.
The permanent fill of 881 linear feet (7,048 square feet) of stream bed on an unnamed
tributary of Moores Creek with approximately 500 cubic yards of material for the
construction of the new Ragged Mountain Reservoir dam.
4. The permanent fill of 0.06 acres of open water in the South Fork Rivanna Reservoir for
installation of concrete support piles and piers, raw water intake tower, and raw water
pumping station.
5. The permanent excavation below the existing reservoir normal pool elevation to generate
fill material to be used in construction of the earthen dam and remove or breach two
existing dams (upper and lower) in the Ragged Mountain Reservoir.
6. The temporary excavation of 0.05 acres of emergent wetlands and 693 linear feet of
stream bed for the placement of temporary coffer dams and utility trenches for
installation of the raw water pipelines, provided all work complies with Special
Conditions Part I.C.5, -C.7, -C.8, -C.15, -H.1, and -H.2.
7. The temporary use of mechanical equipment in surface waters when conducted according
to the permit Special and General Conditions.
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 2 of 35
8. The withdrawal of surface water from the South Fork Rivanna River Reservoir, not to
exceed a maximum daily withdrawal volume of 48.0 million gallons. Authorization of
this withdrawal shall also be subject to the conditions in Part I.F below.
9. Surface water impacts resulting from the compensation site creation or restoration
activities shall be authorized under this permit, provided that no in -stream work occurs in
tributaries within the Buck Mountain Creek compensation site from May 15th through
July 31St of any year. The exception for coffer dam installation in Part I.C.8 shall apply.
The permittee shall include a detailed summary of the temporary and permanent impacts,
including but not limited to the type and amount of impacts, and shall provide proposed
compensation for the permanent impacts in the final compensation plan. Any impacts to
state waters resulting from the proposed compensation site construction activities shall be
compensated for and approved by DEQ prior to construction.
B. Permit Term
This permit is valid for 15 years from the date of issuance. If the permittee desires to
continue the water withdrawal activities authorized by this permit after it expires, a new
application must be submitted to DEQ at least 180 days prior to the expiration of this permit.
The application will be evaluated by DEQ based on the regulations and laws in effect at that
time.
C. Conditions Applicable to All Project Construction and Compensatory Mitigation Activities
1. The activities authorized by this permit shall be executed in such a manner that any
impacts to stream beneficial uses are minimized. As defined in § 62.1-10(b) of the Code,
"beneficial use" means both instream and offstream uses. Instream beneficial uses
include, but are not limited to, the protection of fish and wildlife habitat, maintenance of
waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream
beneficial uses include, but are not limited to, domestic (including public water supply),
agricultural, electric power generation, commercial, and industrial uses. Public water
supply uses for human consumption shall be considered the highest priority.
2. No activity shall substantially disrupt the movement of aquatic life indigenous to the
water body, including those species that normally migrate through the area, unless the
primary purpose of the activity is to impound water.
3. At crossings of streams, pipes and culverts less than 24 inches in diameter shall be
countersunk a minimum of three inches, and pipes and culverts greater than 24 inches in
diameter shall be countersunk a minimum of six inches to provide for the re-
establishment of a natural stream bottom and to maintain a low flow channel. For
multiple -celled culverts, only the bottoms of those cells situated below the limits of
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 3 of 35
ordinary high water shall be countersunk. To the greatest extent practicable, other cells,
pipes, or culverts shall be elevated to provide a natural distribution of flood flows. The
requirement to countersink shall not apply to extensions or maintenance of existing
culverts that are not countersunk, to floodplain culverts being placed above ordinary high
water, to culverts being placed on bedrock, or to culverts required to be placed on slopes
5% or greater.
4. Flows downstream of the project area shall be maintained to protect all beneficial uses as
specified in this permit.
5. Excepting the construction of the dam, no activity shall cause more than minimal adverse
effect on navigation, and no activity shall block more than half of the width of a stream or
water body at any given time.
6. The activity shall not impede the passage of normal or expected high flows, and any
associated structure shall withstand expected high flows.
7. Temporary in -stream construction features such as cofferdams shall be made of non -
erodible materials.
8. No in -stream work shall occur from May 15tb through July 31St of any year on any
perennial or intermittent stream being disturbed for installation or relocation of utility
lines, including water transport pipelines. This restriction does not apply to utility line
crossings installed via directional drilling where the stream bottom is not disturbed. An
exception will be made for the installation of cofferdams, which may occur during these
restricted time periods, provided that all practicable procedures are followed to prevent or
reduce the likelihood of events that would cause the coffer dam to lose isolation from free
flowing channels. Instream work does not include work that is performed behind a
cofferdam or in a secured area isolated from a free flowing channel.
This restriction may be lifted if further mussel surveys performed on perennial or
intermittent stream crossings (except those being directionally drilled), or further
consultation with the Virginia Department of Game and Inland Fisheries and United
States Fish and Wildlife Service, concludes that suitable mussel habitat is not present.
Once exact pipeline crossings of perennial streams are determined, the permittee shall
consult with the Department of Game and Inland Fisheries on the need to perform mussel
surveys on perennial tributaries to Ivy Creek. Surveys for freshwater mussels requested
by the Department of Game and Inland Fisheries shall be conducted 100 meters upstream
through 400 meters downstream of impact areas. Surveys should be performed by a
qualified biologist, preferably no more than six months prior to the start of construction.
All mussels encountered within the impact area should be relocated upstream into
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 4 of 35
suitable habitat and any listed species should be tagged for future monitoring. Relocation
should occur within 30 days of the start of construction to avoid or minimize the chance
that mussels will recolonize the work area.
9. Surveys for Indiana bats shall be re -conducted if tree -clearing activities in forested areas
do not occur within three years of July 26, 2011. Any surveys conducted as a result of
this permit condition shall be performed by a qualified biologist in accordance with
standard survey protocols acceptable to the Virginia Department of Game and Inland
Fisheries (DGIF) and the United States Fish and Wildlife Service (USFWS). If surveys
are necessary, the permittee shall submit a survey plan to DEQ at least 45 days prior to
commencing tree -clearing activities, and no tree -clearing activities shall commence until
DEQ receives written concurrence from DGIF and USFWS that the activities are not
likely to adversely affect this species.
10. All excavation, dredging, or filling in surface waters shall be accomplished in a manner
that minimizes bottom disturbance and turbidity. Turbidity levels downstream of any in -
stream construction sites shall be minimized to the greatest extent practicable at all times.
11. Erosion and sedimentation controls shall be designed in accordance with the Virginia
Erosion and Sediment Control Handbook, Third Edition, 1992, or the most recent version
in effect at the time of construction. These controls shall be placed prior to clearing and
grading activities and shall be maintained in good working order, to minimize impacts to
surface waters. These controls shall remain in place only until clearing and grading
activities cease and these areas have been stabilized.
12. All construction, construction access, and demolition activities associated with this
project shall be accomplished in a manner that minimizes construction materials or waste
materials from entering surface waters. Wet, excess, or waste concrete shall be
prohibited from entering surface waters. Measures shall be employed at all times to
prevent and contain spills of fuels, lubricants, or other pollutants into surface waters.
Any fish kills, or spills of fuels or oils, shall be reported to DEQ immediately upon
discovery at (540) 574-7800. If DEQ cannot be reached, the spill shall be reported to the
Virginia Department of Emergency Management (DEM) at 1-800-468-8892 or the
National Response Center (NRC) at 1-800-424-8802. DEQ shall be notified in writing
within 24 hours or as soon as possible on the next business day when potential
environmentally threatening conditions are encountered which require debris removal or
involve potentially toxic substances. Measures to remove the debris or potentially toxic
substance, or to change the location of any structure, are prohibited until approved by
DEQ, except to the extent that emergency measures are required to protect against
imminent threats to public health and safety. In such instances DEQ shall be notified
within 24 hours of taking the emergency action. Virginia Water Quality Standards shall
not be violated in any surface waters as a result of the project activities.
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 5 of 35
13. All authorized fill material placed in surface waters shall be clean and free of
contaminants in toxic concentrations or amounts in accordance with all applicable laws
and regulations.
14. All non -impacted wetlands, streams, open water, and designated upland buffers that are
located within fifty feet of any project activities shall be clearly marked or flagged for the
life of the construction activity within that area. The permittee shall notify all contractors
and subcontractors that no activities are to occur in these marked areas.
15. Machinery or heavy equipment used in temporarily impacted wetlands shall be placed on
mats or geotextile fabric, or other suitable means shall be implemented, to minimize soil
disturbance to the maximum extent practical. Mats, fabrics, or other measures shall be
removed as soon as the work is complete in the temporarily impacted wetland.
16. Temporary disturbances to wetlands, stream channels, and/or stream banks during project
construction activities shall be avoided and minimized to the maximum extent
practicable_
17. All materials (including fill, construction debris, excavated materials, and woody
materials) that are temporarily placed in wetlands, in stream channels, or on stream banks
shall be placed on mats or geotextile fabric, and shall be immediately stabilized to
prevent the materials, or leachate associated with the materials, from entering surface
waters. The materials shall be entirely removed within 30 calendar days following
completion of that construction activity. After removal, disturbed areas shall be restored
to pre-existing conditions (except for mature woody vegetation) in accordance with Part
I.H.
18. All required notifications and submittals shall be submitted to the DEQ office stated
below, to the attention of the VWP permit manager, unless directed in writing by DEQ
subsequent to the issuance of this permit:
Virginia Dept. of Environmental Quality
Office of Wetlands and Water Protection
P. O. Box 1105
Richmond, Virginia 23218
19. All reports required by this permit and other information requested by DEQ shall be
signed by the permittee or a person acting in the permittee's behalf, with the authority to
bind the permittee. A person is a duly authorized representative only if both criteria
below are met. If a representative authorization is no longer valid because of a change in
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 6 of 35
responsibility for the overall operation of the facility, a new authorization shall be
immediately submitted to DEQ.
a. The authorization is made in writing by the permittee.
b. The authorization specifies either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such as the position of plant
manager, superintendent, or position of equivalent responsibility. A duly authorized
representative may thus be either a named individual or any individual occupying a
named position.
20. All submittals shall contain the following signed certification statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
21. The permittee shall notify the DEQ of any additional impacts to surface waters, including
wetlands, and of any change to the type of surface water impacts associated with this
project. The permittee shall also notify the DEQ of any substantial or material
modifications to the design or configuration of the dam, culverts, in -stream armoring,
concrete support piles and piers, intake structure, raw water intake tower, raw water
pumping station, existing dam removals, or raw water pipeline installation. Any
additional impacts, modifications, or changes affecting surface waters shall be subject to
individual permit review and/or modification of this permit. Compensation may be
required.
22. The permittee shall provide the public with access to Ragged Mountain Reservoir.
D. Stream Modifications, Including Intake/Outfall Structures
1. Any exposed slopes or stream banks shall be stabilized immediately upon completion of
work in each impact area. Methods and materials for stabilization shall be in accordance
with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992, or the
most recent version in effect at the time of construction.
2. Redistribution of existing stream substrate for erosion control purposes is prohibited,
unless otherwise authorized for compensatory mitigation purposes.
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 7 of 35
3. Material removed from the stream bottom shall not be deposited into surface waters
unless otherwise authorized as fill material in this permit.
4. Outlet protection for all outfalls and piped channel sections shall be designed in
accordance with Virginia Erosion and Sediment Control Handbook, Third Edition, 1992,
or the most recent version in effect at the time of construction. Alternative energy
dissipation measures may be installed with prior approval by DEQ.
5. For stream bank protection activities, structures and backfill shall be placed as close to
the stream bank as practical, while still avoiding and minimizing impacts to vegetated
wetlands to the maximum extent practical. No material shall be placed in excess of the
minimum necessary for erosion protection.
6. Asphalt and materials containing asphalt or other toxic substances shall not be used in the
construction of submerged sills, breakwaters, dams, or weirs.
7. If stream channelization or relocation is required, all work in surface waters shall be done
in the dry, unless authorized by this permit, and all flows shall be diverted around the
channelization or relocation area until the new channel is stabilized. The diversion shall
be accomplished by leaving a plug at the inlet and outlet ends of the new channel during
excavation. Once the new channel has been stabilized, flow shall be routed into the new
channel by first removing the downstream plug and then the upstream plug. The new
stream channel shall be constructed following the typical sections submitted with the
final design plans and should incorporate natural stream channel design principles to the
greatest extent practicable. A low flow channel shall be constructed within the
channelized or relocated area. The centerline of the channel shall meander, to the extent
possible, to mimic natural stream morphology. The rerouted stream flow shall be fully
established before construction activities in the old streambed can begin.
E. Utilities
All utility line work in surface waters shall be performed in a manner that minimizes
disturbance in each area. Temporarily disturbed surface waters shall be restored in
accordance with the applicable conditions of Part I.H.1 and I.H.2, unless otherwise
authorized by this permit.
2. Material resulting from trench excavation may be temporarily sidecast into wetlands not
to exceed a total of 90 calendar days, provided the material is not placed in a manner such
that it is dispersed by currents or other forces.
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 8 of 35
3. The trench for a utility line cannot be constructed in a manner that drains wetlands (e.g.,
backfilling with extensive gravel layers creating a French drain effect).
F. Water Withdrawal and Instream Flow Conditions
1. Definitions:
"Natural inflow," when used with respect to South Fork Rivanna Reservoir, is the daily
mean discharge rate listed by the United States Geological Survey for the Mechums
River near White Hall, Virginia (USGS stream gage 02031000), multiplied by the factor
of 2.71 (to compensate for the difference in drainage area), and converted from cubic feet
per second to millions of gallons per day by multiplying by a factor of 0.65. Currently,
the USGS mean discharge rates are available online at httu://waterdata.usgs.g_ov.
"Natural inflow," when used with respect to Sugar Hollow Reservoir, is the daily mean
discharge rate listed by the United States Geological Survey for the Mechums River near
White Hall, Virginia (USGS stream gage 02031000), multiplied by the factor of 0.19 (to
compensate for the difference in drainage area), and converted from cubic feet per second
to millions of gallons per day by multiplying by a factor of 0.65. Currently, the USGS
mean discharge rates are available online at htty://waterdata.us sg gov.
"Initial fill," with respect to an Expanded Ragged Mountain Reservoir, refers to the
period of time beginning when the facility becomes operational (as defined below), and
ending when either (a) the water level at the facility for the first time reaches the normal
pool elevation, or (b) a permanent operation and maintenance certificate is issued for the
facility by the Virginia Department of Conservation and Recreation, whichever is later.
"Operational," with respect to a new water supply facility, means that it has been
completely constructed, can be operated as intended, and is in active service. With
respect to an Expanded Ragged Mountain Reservoir, the facility shall be deemed
"operational" upon issuance of a temporary operation and maintenance certificate by the
Virginia Department of Conservation and Recreation, even though the Reservoir may not
fill with water to its full normal pool elevation until some time thereafter.
"Total downstream flow" is the rate at which all water in a stream is moving past a
defined point and flowing downstream during a given interval of time. Total downstream
flow is expressed in millions of gallons per day and includes, but is not limited to, all
water traveling over a dam spillway, water seeping through, around, or under a dam or
spillway, water conveyed through a pipeline from a reservoir to the downstream, or water
conveyed through a hydroelectric plant from a reservoir to the downstream during the
defined interval.
VWP Individual Permit No. 06-1574, Major Modification No.
Part I - Special Conditions
Page 9 of 35
"Urban Water System" is the system of water supply reservoirs, intakes, pipelines, and
water treatment facilities that provide potable drinking water to the citizens of the City of
Charlottesville and areas of the County of Albemarle surrounding the City as defined by
the Board of Supervisors. Water storage for the Urban Water System includes the Sugar
Hollow Reservoir, the Ragged Mountain Reservoir, and South Fork Rivanna Reservoir.
"Useable storage" is the volume of water in a reservoir at a particular time that is
available for routine withdrawal and use for water supply purposes. It consists of all that
volume of water within a reservoir located above the dead storage pool (or sediment
pool) up to the water surface elevation. The volume of useable storage at a particular
reservoir at a given time depends upon the water surface elevation (which shall be
determined by observation), and upon the then -current contour of the reservoir bottom
and elevation of the dead storage pool (which shall be determined from the most recent
stage -storage curves prepared by the Rivanna Water & Sewer Authority under the seal of
a professional engineer on the basis of periodic bathymetric surveys).
"Total useable storage" is the sum of the Useable Storage in each of the storage
reservoirs in the Urban Water System at a given time.
2. Where provisions applicable to a fully -Expanded Ragged Mountain Reservoir (Total
Useable Storage of 2.189 billion gallons, normal pool elevation of 683 feet) differ from
those applicable to an intermediate -Expanded Ragged Mountain Reservoir (Total
Useable Storage of 1.549 billion gallons, normal pool elevation of 671 feet), the
provisions shown in brackets shall apply to an intermediate -Expanded Ragged Mountain
Reservoir.
3. Total downstream flow Provisions before an Expanded Ragged Mountain Reservoir is
Operational.
a. From South Fork Rivanna Reservoir:
i. When the water level at South Fork Rivanna Reservoir is at or above the spillway
elevation of 382 feet, South Fork Rivanna Reservoir will be spilling water on a
daily basis and no additional total downstream flow is required.
ii. When the water level at South Fork Rivanna Reservoir is below the spillway
elevation of 382 feet total downstream flow will be at least 8 mgd or natural
inflow, whichever is less.
b. From Sugar Hollow Reservoir:
i. When the water level at Sugar Hollow Reservoir is at or above the spillway
elevation of 975 feet, Sugar Hollow Reservoir will be spilling water on a daily
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 10 of 35
basis and no additional total downstream flow is required.
ii. When the water level at Sugar Hollow Reservoir is below the spillway elevation
of 975 feet, total downstream flow past the dam will be at least 0.4 mgd or natural
inflow, whichever is less.
c. From Ragged Mountain Reservoir: there are no new requirements.
4. Total downstream flow Provisions After an Expanded Ragged Mountain Reservoir is
Operational, But Before the Pipeline from South Fork Rivanna Reservoir to Ragged
Mountain Reservoir is Operational.
a. From South Fork Rivanna Reservoir:
i. If total useable storage available to the Urban Water System is equal to or greater
than 2.36 billion gallons [1.6 billion gallons], total downstream flow past South
Fork Rivanna Reservoir must be at least 70% of the natural inflow or 1.3 mgd,
whichever is greater, subject to the following exceptions:
(a) No total downstream flows in excess of 20 mgd shall be required.
(b) If useable storage in South Fork Rivanna Reservoir has been exhausted (e.g.,
the water level is at or below the lowest operable water supply intake), then
total downstream flow past South Fork Rivanna Reservoir shall be whatever
volume of water enters that intake unless or until the total downstream flow
past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd.
ii. If total useable storage available to the Urban Water System is equal to or greater
than 1.36 billion gallons [0.75 billion gallons] but less than 2.36 billion gallons
[ 1.6 billion gallons], total downstream flow past South Fork Rivanna Reservoir
must be at least 50% of the natural inflow or 1.3 mgd, whichever is greater,
subject to the following exceptions:
(a) No total downstream flows in excess of 20 mgd shall be required.
(b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e.,
the water level is at or below the lowest operable water supply intake), then
total downstream flow past South Fork Rivanna Reservoir shall be whatever
volume of water enters that intake unless or until the total downstream flow
past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd.
iii. If total useable storage available to the Urban Water System is less than 1.36
billion gallons [0.75 billion gallons], total downstream flow past South Fork
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 11 of 35
Rivanna Reservoir must be at least 30% of the natural inflow or 1.3 mgd,
whichever is greater, subject to the following exceptions:
(a) No total downstream flows in excess of 20 mgd shall be required.
(b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e.,
the water level is at or below the lowest operable water supply intake), then
total downstream flow past South Fork Rivanna Reservoir shall be whatever
volume of water enters that intake unless or until the total downstream flow
past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd.
b. From Sugar Hollow Reservoir, when the water level in Sugar Hollow Reservoir is
above the lowest operable water intake and an Expanded Ragged Mountain Reservoir
has not completed its initial fill.
i. If the useable storage in Ragged Mountain Reservoir is equal to or greater than
1.53 billion gallons [1.08 billion gallons], total downstream flow past Sugar
Hollow Reservoir must be at least 100% of the natural inflow to Sugar Hollow
Reservoir; or 10 mgd, whichever is less.
ii. If the useable storage in Ragged Mountain Reservoir is equal to or greater than
1.1 billion gallons [0.8 billion gallons] but less than 1.53 billion gallons [ 1.08
billion gallons], total downstream flow past Sugar Hollow Reservoir must be at
least 100% of the natural inflow to Sugar Hollow Reservoir; or 2 mgd, whichever
is less.
iii. If the useable storage in Ragged Mountain Reservoir is equal to or greater than
0.66 billion gallons [0.45 billion gallons] but less than 1.1 billion gallons [0.8
billion gallons], total downstream flow past Sugar Hollow Reservoir must be at
least 100% of the natural inflow to Sugar Hollow Reservoir; or 1 mgd, whichever
is less.
iv. If the useable storage in Ragged Mountain Reservoir is less than 0.66 billion
gallons [0.45 billion gallons], total downstream flow past Sugar Hollow Reservoir
must be at least 100% of the natural inflow to Sugar Hollow Reservoir; or 0.4
mgd, whichever is less.
c. From Sugar Hollow Reservoir when the water level in Sugar Hollow Reservoir is
above the lowest operable water intake and an Expanded Ragged Mountain Reservoir
has completed its initial fill.
i. If the useable storage in Ragged Mountain Reservoir is equal to or greater than
1.53 billion gallons [1.08 billion gallons], total downstream flow past Sugar
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 12 of 35
Hollow Reservoir must be at least 100% of the natural inflow to Sugar Hollow
Reservoir; or 10 mgd, whichever is less.
ii. If the useable storage in Ragged Mountain Reservoir is less than 1.53 billion
gallons [ 1.08 billion gallons], then total downstream flow must be at least 100%
of the natural inflow to Sugar Hollow, or 2 mgd, whichever is less.
iii. When the water level in Sugar Hollow Reservoir is at or below the lowest
operable water intake, RWSA must fully open the total downstream flow control
device supplied from the lowest operable water intake and leave it in the fully
open position until the water level in Sugar Hollow Reservoir is again higher than
the lowest water intake.
d. From Ragged Mountain Reservoir: the permittee must provide a total downstream
flow past the dam of at least 23,800 gallons per day.
5. Total downstream flow provisions After Both an Expanded Ragged Mountain Reservoir
and the Pipeline from South Fork Rivanna Reservoir to Ragged Mountain Reservoir are
Operational.
a. From South Fork Rivanna Reservoir:
i. If total useable storage available to the Urban Water System is equal to or greater
than 2.36 billion gallons [1.8 billion gallons], total downstream flow past South
Fork Rivanna Reservoir must be at least 70% of the natural inflow or 1.3 mgd,
whichever is greater, subject to the following exceptions:
(a) No total downstream flows in excess of 20 mgd shall be required.
(b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e.,
the water level is at or below the lowest operable water supply intake), then
total downstream flow past South Fork Rivanna Reservoir shall be whatever
volume of water enters that intake unless or until the total downstream flow
past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd.
ii. If total useable storage available to the Urban Water System is equal to or greater
than 1.36 billion gallons [ 1.0 billion gallons] but less than 2.36 billion gallons [ 1.8
billion gallons], total downstream flow past South Fork Rivanna Reservoir must
be at least 50% of the natural inflow or 1.3 mgd, whichever is greater, subject to
the following exceptions:
(a) No total downstream flows in excess of 20 mgd shall be required.
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 13 of 35
(b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e.,
the water level is at or below the lowest operable water supply intake), then
total downstream flow past South Fork Rivanna Reservoir shall be whatever
volume of water enters that intake unless or until the total downstream flow
past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd.
iii. If total useable storage available to the Urban Water System is less than 1.36
billion gallons [ 1.0 billion gallons], total downstream flow past South Fork
Rivanna Reservoir must be at least 30% of the natural inflow or 1.3 mgd,
whichever is greater, subject to the following exceptions:
(a) No total downstream flows in excess of 20 mgd shall be required.
(b) If useable storage in South Fork Rivanna Reservoir has been exhausted (i.e.,
the water level is at or below the lowest operable water supply intake), then
total downstream flow past South Fork Rivanna Reservoir shall be whatever
volume of water enters that intake unless or until the total downstream flow
past South Fork Rivanna Reservoir equals or exceeds 1.3 mgd.
b. From Sugar Hollow Reservoir:
i. When the water level at Sugar Hollow Reservoir is at or above the spillway
elevation of 975 feet, Sugar Hollow Reservoir will be spilling water on a daily
basis and no additional total downstream flow is required.
ii. When the water level at Sugar Hollow Reservoir is below the spillway elevation
of 975 feet.
(a) If the water level in Sugar Hollow Reservoir is above the lowest operable
water intake total downstream flow past Sugar Hollow Reservoir must be at
least 90% of the natural inflow to Sugar Hollow Reservoir; or 10 mgd,
whichever is less.
(b) If the water level in Sugar Hollow Reservoir is not above the lowest operable
water intake, RWSA must fully open the total downstream flow control device
supplied from the lowest operable water intake and leave it in the fully open
position until the water level in Sugar Hollow Reservoir is again higher than
the lowest water intake.
c. From Ragged Mountain Reservoir: the permittee must provide a total downstream
flow past the dam of at least 23,800 gallons per day.
6. Monitoring and Reporting of instream flows:
VWP Individual Permit No. 06-1574, Major Modification No
Part I - Special Conditions
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Within eight months of permit issuance, after opportunity for public input, the permittee
will provide for DEQ approval, a Flow Measurement Design Plan and Operations
Manual. The manual will describe the methods and procedures and any planned
improvements for monitoring inflows and releases from Sugar Hollow and South Fork
Rivanna River Reservoirs. The manual will describe the procedures that will be made
and the frequency and conditions with which they will be made to adjust releases so the
total downstream flow requirements of this permit will be met.
The Flow Measurement Design and Operations Plan will determine the suitability of the
existing release equipment to meet the special conditions of Section F. In the event that
existing release equipment cannot release water so that the total downstream flow past
Sugar Hollow or Ragged Mountain Reservoirs is within 10% of the required total
downstream flow required by Section F, then the Flow Measurement Design Plan and
Operations Manual will include a schedule for the installation of equipment capable of
releasing water to satisfy that requirement and a description of the equipment. In no case
shall the necessary equipment be installed later than two years after permit issuance. The
plan will describe procedures to be used to calibrate and verify releases from the
reservoirs and a include schedule for periodic recalibration and verification of the release
equipment.
The Flow Measurement Design Plan and Operations Manual will identify the
measurements and formulas to calculate natural inflow to Sugar Hollow and South Fork
Rivanna reservoirs. The Flow Measurement Design Plan and Operations Manual will
specify the frequency of measurements and specify what data will be used and how that
data will be compiled to compute natural inflow to the reservoirs. The Flow Measurement
Design Plan and Operations Manual will describe the permittee's records retention policy
with regard to data collection and instrument calibration and verification records. The
Flow Measurement Design Plan and Operations Manual will describe what contingency
procedures, gages and formulas will be used in case the primary gage used to estimate
inflow is out of service.
The Flow Measurement Design Plan and Operations Manual will include a schedule for
updating useable storage values for each of the three reservoirs through bathymetric
studies. The first update will not be required until an expanded Ragged Mountain
Reservoir becomes operational.
The Flow Measurement Design Plan and Operations Manual will include the
development of a reporting form(s) to be submitted to DEQ annually. The form will be
designed to evaluate the permittee's compliance with the special conditions of Section F.
A reporting table designed to check compliance with Special Condition I.F.3 shall be
submitted within at least eight months of permit issuance. For each reporting period the
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
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table shall record the date, the natural inflow to Sugar Hollow Reservoir and to South
Fork Rivanna River Reservoir, whether the reservoirs are at full pond, and the required
and actual total downstream flow past Sugar Hollow Reservoir and South Fork Rivanna
River Reservoirs.
At least 6 months prior to the date when an expanded Ragged Mountain Reservoir
becomes operational, proposed revisions to the Flow Measurement Design Plan and
Operations Manual, including a revised Reporting Form shall be submitted to DEQ to
comply with Special Condition I.F.4.
At least 6 months prior to the date when both an expanded Ragged Mountain Reservoir
and the pipeline from the South Fork Reservoir to the Ragged Mountain Reservoir
become operational, proposed revisions to the Flow Measurement Design Plan and
Operations Manual, including a revised Reporting Form shall be submitted to DEQ to
comply with Special Condition I.F.S.
The required rates of total downstream flow past South Fork Rivanna Reservoir and
Sugar Hollow Reservoir shall be determined and the rates of total downstream flow shall
be adjusted as necessary twice per week. When the required rate of total downstream
flow depends upon the natural inflow to the reservoir, the total downstream flow shall be
calculated by determining the average of the natural inflows for the three most recent
days for which data are available. No adjustment to the rate of total downstream flow
shall be required unless the current calculation of total downstream flow differs from the
previously calculated total downstream flow by more than ten percent.
A monitoring report shall be prepared and
documenting the daily withdrawals, natural
downstream flow in the previous calendar year.
7. Water Conveyance Between facilities:
submitted by January 31St of each year
inflow, and required and actual total
a. Except as set forth below, the Rivanna Water & Sewer Authority may convey water
between and among its reservoirs and/or water treatment plants at rates up to the
capacities of the conveyances involved.
b. After both an Expanded Ragged Mountain Reservoir and the pipeline from South
Fork Rivanna Reservoir to Ragged Mountain Reservoir are Operational.
i. There shall be no conveyance of water from Sugar Hollow Reservoir to Ragged
Mountain Reservoir or Observatory Water Treatment Plant via the existing
pipeline.
ii. There shall be no conveyance of water from South Fork Rivanna Reservoir into
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
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Ragged Mountain Reservoir when the water level at the Expanded Ragged
Mountain Reservoir is at or above the spillway elevation.
iii. When the water level at South Fork Rivanna Reservoir is below its spillway
elevation and water is released from Sugar Hollow Reservoir to the Moormans
River at a rate substantially in excess of the applicable total downstream now
specified herein for the purpose of conveying water into South Fork Rivanna
Reservoir for water supply, the Rivanna Water & Sewer Authority will reduce the
rate of flow released through the flow control device at Sugar Hollow Reservoir
by no more than fifty percent (50 %) per day until the applicable total downstream
flow specified herein is achieved.
iv. The maximum withdrawal from South Fork Rivanna Reservoir shall not exceed
48 million gallons per day and the maximum refill of Ragged Mountain Reservoir
from South Fork Rivanna Reservoir shall not exceed 25 million gallons per day.
Prior to impacting any surface waters as authorized by this permit, the applicant shall
submit any existing regional or local water supply conservation plans that apply to the
service areas being supplied by the water withdrawn under this permit.
9. The permittee must issue a call for voluntary conservation, prior to reducing flowby to
the South Fork Rivanna River to 50% of natural inflow or 1.3 mgd, whichever is greater,
under the provisions of Special Conditions I.F.4.a.ii or I.F.5.a.ii; and the retail customers
must be practicing mandatory conservation prior to reducing flowby to the South Fork
Rivanna River to 30% of natural inflow or 1.3 mgd, whichever is greater, under the
provisions of Special Conditions I.F.4.a.iii or I.F.5.a.iii.
10. In the event that the Governor or the Virginia Drought Coordinator declares a drought
emergency in the Drought evaluation Region, which includes Albemarle County and the
City of Charlottesville, the permittee shall implement the mandatory conservation
measures, as detailed in Attachment A of this permit. The permittee shall be responsible
for determining when drought emergencies are declared. DEQ may require
documentation that mandatory conservation measures were implemented during declared
drought emergencies.
11. Water withdrawal monitoring and reporting activities shall comply with this section, with
Part I.C, and with Part II. All records and information that result from the monitoring
and reporting activities required by this permit, including any records of maintenance
activities to the withdrawal system, shall be retained for the life of the permit. This
period of retention shall be extended automatically during the course of any unresolved
litigation regarding the regulated activity or as requested by the State Water Control
Board.
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Part I - Special Conditions
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12. For all permittees whose average daily withdrawal during any single month exceeds
10, 000 gallons per day, the water withdrawals shall be reported to DEQ by January 31 st
of the next year, as required under State Water Control Board (SWCB) Water
Withdrawal Reporting Regulation (9 VAC 25-200 et seq.). The annual monitoring report
shall contain the following information: the permittee's name and address, the sources
and locations of water withdrawal, the cumulative volume of water withdrawn each
month of the calendar year, the maximum day withdrawal and the month in which it
occurred, and the method of withdrawal measurement. For permittees subject to the
Virginia Department of Health (KOH) Waterworks Regulations, the annual reports to
DEQ may include, as an alternative, the source and location of water withdrawals, the
type of use for the water withdrawn, and reference to the reports filed with VDH that
contain the monthly withdrawal data.
G. Project Construction Monitoring and Submittals for Project Surface Water Impact Sites
Project Pre -Construction Monitoring and Submittals
1. Final construction plans for the project activities authorized by this permit shall be
submitted at least 30 calendar days prior to initiating any land disturbance or construction
in permitted impact areas. Construction activities shall not be initiated until DEQ has
reviewed and commented on the plans, or until 30 calendar days have passed without
DEQ comments being received by the permittee. If DEQ submits comments regarding
activities authorized by this permit, construction shall not proceed until comments are
resolved to DEQ's satisfaction. Final construction plans shall include, at a minimum but
not limited to, the location of all photographic monitoring stations, as described in Part
I.G.3 below. Plan revision(s) in permitted areas shall be submitted to DEQ for approval
immediately upon determination that a change is necessary. DEQ approval shall be
required prior to implementing the revision(s).
2. At least ten calendar days prior to the initiation of any land disturbance or construction
activities in permitted areas, the permittee shall submit written notification to DEQ,
including a projected schedule for initiating and completing work at each permitted
impact area.
3. The permittee shall conduct photographic monitoring of pre -construction conditions in
permitted, temporary or permanent impact areas covered by this permit. The photos shall
be of sufficient quantity to thoroughly document the environmental conditions at the
permitted impact areas prior to disturbance. Photographic monitoring shall be conducted
by the following method:
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 18 of 35
Enumerated photo stations shall be established at each permitted impact area and shall be
consistent for the duration of construction activities. Photo stations may be established
via water craft or temporary floating structures. Photos will be taken from the same
directional orientation during each monitoring event. Each photograph taken shall be
labeled with the photo station number, the permitted impact location, the photograph
orientation, the date and time of the photograph, the name of the person taking the
photograph, and a brief description of the activities being conducted at the time of the
photograph. If necessary, this information may be provided on (a) separate sheet(s) of
paper attached to the photographs.
Photos shall be submitted with the notification (Part I.G.2) to DEQ that land disturbing or
construction activities are planned to begin.
4. Final wetlands and stream compensation plans (final plans) shall be prepared in
accordance with the Virginia Water Protection Permit Program Regulation (9 VAC 25-
210-10 et. seq.) in effect at the time of plan submittal, and shall be based on the most
recent mitigation guidance, if any, posted on DEQ's wetlands web page.
The final plans shall be approved by DEQ prior to any construction activity in permitted
impact areas. DEQ shall have 60 calendar days to review and either provide written
comments on the final plans or approve the final plans. The final plans as approved by
DEQ shall be an enforceable requirement of this permit. Any change to the approved
final plans must be submitted to DEQ for approval prior to implementing the change.
a. The final wetland compensation plan shall include complete information on all
components of the conceptual compensatory mitigation plan, as detailed in the
Virginia Water Protection Permit Program Regulation (9 VAC 25-210-10 et. seq.) in
effect at the time of final plan submittal, including but not limited to, compensation
amounts, ratios, wetland types, and locations. In addition, the plan shall include: a
summary of the type and acreage of wetland impacts anticipated during the
construction of the compensation site and the proposed compensation for these
impacts; a site access plan; a monitoring plan, including the proposed success criteria,
the monitoring goals, the monitoring schedule, the location of photo stations,
monitoring wells, vegetation sampling points, and reference wetlands (if available),
and the monitoring provisions contained in this permit; an abatement and control plan
for undesirable plant species; an erosion and sedimentation control plan; a
construction schedule; and the mechanism for protection in perpetuity of the
compensation site(s), including all surface waters and buffer areas within its
boundaries.
The mechanism for protection shall be in place within 180 days of final compensation
plan approval. The mechanism for protection shall state that no activity will be
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 19 of 35
performed on the property in any area designated as a compensation area, with the
exception of maintenance or corrective action measures authorized by the board. The
mechanism of protection applies to ditching, land clearing, or discharge of dredge or
fill material, unless these activities are specifically authorized by the board through
the issuance of a VWP individual or general permit, or waiver thereof. Such
mechanism of protection shall contain the specific phrase "ditching, land clearing, or
discharge of dredge or fill material" in the limitations placed on the use of these areas.
The mechanism of protection, or an equivalent mechanism for government-owned
lands, shall be recorded in the chain of title to the property, and proof of recordation
shall be submitted to DEQ within 180 days of final compensation plan approval.
Hydrology analyses should include: For riverine or stream -driven systems, a water
budget (for nontidal sites only) based on expected monthly inputs and outputs which
will project water level elevations for a typical year, a dry year, and a wet year•, For
groundwater- and precipitation -driven sites in non-riverine systems, historic
groundwater elevation data, if available, or the proposed location of groundwater
monitoring wells to collect these data; and For overbank flood -driven systems, gaging
station data and a floodplain analysis, including a minimum 10 -year continuous
simulation which will account for variability in inputs and outputs under varying
conditions.
b. The final stream compensation plan shall include complete information on all
components of the conceptual compensatory mitigation plan, as detailed in the
Virginia Water Protection Permit Program Regulation (9 VAC 25-210-10 et. seq.) in
effect at the time of final plan submittal, including but not limited to, compensation
amounts, credits and/or credit ratios, condition assessment types, and locations. In
addition, the plan shall include: a summary of the type and linear feet of stream bed
impacts anticipated during the construction of the compensation site and the proposed
compensation for these impacts; a site access plan; an erosion and sedimentation
control plan, if appropriate; an abatement and control plan for undesirable plant
species; a monitoring plan, including the proposed success criteria, the monitoring
goals, the monitoring schedule, and the location of photo stations, vegetation
sampling points, survey points, bank pins, scour chains, and reference streams (if
available), and the monitoring provisions contained in this permit; a plan view sketch
depicting the pattern and all compensation measures being employed; a profile
sketch; cross-sectional sketches of the proposed compensation stream; and the
mechanism for protection in perpetuity of the compensation site(s), including all
surface waters and buffer areas within its boundaries.
The mechanism for protection shall be in place within one year of final compensation
plan approval. The mechanism for protection shall state that no activity will be
performed on the property in any area designated as a compensation area, with the
VWP Individual Permit No. 06-1574, Major Modification No.
Part I - Special Conditions
Page 20 of 35
exception of maintenance or corrective action measures authorized by the board. The
mechanism of protection applies to ditching, land clearing, or discharge of dredge or
fill material, unless these activities are specifically authorized by the board through
the issuance of a VWP individual or general permit, or waiver thereof. Such
mechanism of protection shall contain the specific phrase "ditching, land clearing, or
discharge of dredge or fill material" in the limitations placed on the use of these areas.
The mechanism of protection, or an equivalent mechanism for government-owned
lands, shall be recorded in the chain of title to the property, and proof of recordation
shall be submitted to DEQ within one year of final compensation plan approval.
c. Any compensation plan proposing the purchase or use of mitigation banking credits
shall include: (i) the name of the proposed mitigation bank and the HUC in which it is
located; (ii) the number of credits proposed to be purchased or used; and (iii)
certification from the bank owner of the availability of credits.
d. Any compensation plan proposing to include contributions to an in -lieu fee fund shall
include proof of the willingness of the entity to accept the donation and
documentation of how the amount of the contribution was calculated.
Monitoring and Submittals Required During Project Construction
5. Monitoring of water quality parameters shall be conducted as described below during
relocation of any flowing stream through a new channel. Corrective measures and
additional monitoring may be required if Virginia Water Quality Standards, as detailed in
the most recent version of Regulation 9 VAC 25-260-10 et. seq., are not met. The
permittee shall report violations of Virginia Water Quality Standards to DEQ within 24
hours of monitoring. All monitoring data shall be submitted to DEQ within seven
calendar days of the monitoring event.
a. One sampling station shall be located upstream of the relocated channel, and one
sampling station shall be located immediately downstream of the relocated channel.
b. At the upstream sampling station, temperature, pH, and dissolved oxygen (D.O.)
measurements shall be taken immediately before opening a new channel, and every
30 minutes thereafter for at least two hours.
c. At the downstream sampling station, temperature, pH, and dissolved oxygen (D.O.)
measurements shall be taken immediately after opening a new channel, and every 30
minutes thereafter until the measurements indicate that the site has stabilized (a
minimum of three hours).
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
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6. The permittee shall conduct photographic monitoring of sufficient quantity and frequency
to thoroughly document all temporary and permanent construction activities in permitted
impact areas. Photos shall also document any non-compliant events or problems
encountered during the construction activities. For work being conducted in phases, or
only in certain areas at the same time, monitoring may begin upon initiating work in
those specific permitted impact areas.
The established, enumerated photo stations in each permitted impact area shall be used
for photo monitoring. Photos will be taken from the same directional orientation during
each monitoring event. Each photograph taken shall be labeled with the photo station
number, the permitted impact location, the photograph orientation, the date and time of
the photograph, the name of the person taking the photograph, and a brief description of
the activities being conducted at the time of the photograph. If necessary, this
information may be provided on (a) separate sheet(s) of paper attached to the
photographs.
Photos shall be submitted as part of the construction monitoring reports detailed in Part
I.G.7.
7. Construction monitoring reports shall be submitted to DEQ monthly, due by the 151i of
the following month (for example, the report for January is due by February 151i). The
reports shall include the following, as applicable:
a. A written narrative stating whether or not work was performed in each permitted
impact area, including installation and maintenance of erosion and sediment controls,
during the monitoring period. If work was performed, the narrative shall include a
description of the major work items performed, when those items were initiated,
when those items are expected to be completed, and any non-compliant events or
problems encountered.
b. A written summary of any corrective actions taken and any subsequent notifications
to DEQ regarding non-compliant events or problems encountered during construction
activities in permitted impact areas.
c. A summary of anticipated work to be completed during the next monitoring period in
all permitted impact areas.
d. A labeled site map showing each permitted impact area where work activities
occurred during the monitoring period and the photo stations used to document
activities.
e. The photos taken during the monitoring period.
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
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Project Post -Construction Monitoring and Submittals
8. The permittee shall submit written notification within 30 calendar days after the
completion of activities in each permitted impact area(s) authorized under this permit.
The notification may be included with monthly construction monitoring reports or may
be submitted separately. In either case, notification shall include the post -construction
photos of disturbances in the particular permitted impact area(s), as described in Part
I.G.9.
9. The permittee shall conduct photographic monitoring of sufficient quantity to thoroughly
document that all construction activities were completed in permitted impact areas. The
established, enumerated photo stations shall be used for photo monitoring. Each
photograph taken shall be labeled with the photo station number, the permitted impact
location, the photograph orientation, the date and time of the photograph, the name of the
person taking the photograph, and the date that activities were completed. If necessary,
this information may be provided on (a) separate sheet(s) of paper attached to the
photographs.
For temporary disturbances to surface waters, the permittee shall conduct photographic
monitoring immediately after restoration, then once annually in August or September for
two consecutive years. If restoration is not completed by June 30 of a given year, the
monitoring should not begin until August or September of the following year in order to
allow one growing season to pass. If post -restoration conditions are not equivalent to
pre -construction conditions after two years (except for mature woody vegetation), DEQ
may require corrective action and continued annual monitoring until the temporary
impacts are restored.
For permanent disturbances, the permittee shall conduct photographic monitoring of all
authorized, permanent -impact areas once at the time of completion of construction and
stabilization of the area.
Photos shall be submitted with the post -construction notification detailed in Part I.G.8.
10. Final As -Built plans shall be submitted to DEQ prior to filling the reservoir for all
structures completed to that date. These may include, but are not limited to, the dams,
access roads, intake structures, water transfer pipelines, pump station, etc. Final As -Built
plans for the remaining portions of the project authorized by this permit, such as, but not
limited to relocation of utility lines, shall be submitted to DEQ within 90 calendar days
after the completion of construction. A licensed land surveyor or a licensed professional
engineer shall certify the plans. The plans shall include a narrative comparing the As-
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 23 of 35
Built plans with the design plans. DEQ shall have 30 calendar days to review the plans
and provide comments to the permittee.
H. Compensatory Mitigation
All temporarily disturbed wetland areas shall be restored to preconstruction conditions
within 30 calendar days of completing work in the areas, which shall include re-
establishing pre -construction contours, and planting or seeding with appropriate wetland
vegetation according to cover type (emergent, scrub/shrub, or forested), except for
invasive species identified on DCR's Invasive Alien Plant Species of Virginia list. The
permittee shall take all appropriate measures to promote and maintain the revegetation of
temporarily disturbed wetlands for a minimum of two years after the area is restored.
2. All temporarily impacted streams and stream banks shall be restored to their original
elevations and contours within 30 calendar days following the construction at that stream
segment, and the banks shall be seeded or planted with the same vegetative cover type
originally present along the banks, including supplemental erosion control grasses if
necessary but not including invasive species identified on DCR's Invasive Alien Plant
Species of Virginia list. The permittee shall take all appropriate measures to promote and
maintain the revegetation of temporarily disturbed streams and stream banks for a
minimum of two years after the area is restored.
3. Final compensation for wetland impacts shall be based on the conceptual compensation
plans submitted as part of the complete application for this project. The permittee shall
provide off-site compensation for 2.61 acres of wetland impacts at the Moores Creek
compensation site in Albemarle County, Virginia, as detailed in the final wetland
compensation plan approved by DEQ. The compensation site shall be preserved in
perpetuity, as described in the final wetlands compensation plan and Part I.G.4.
4. Final compensation for stream impacts shall be based on the conceptual compensation
plans submitted as part of the complete application for this project. The permittee shall
provide off-site compensation for 13,163 linear feet of stream impacts through a
combination of stream restoration, stream riparian buffer restoration and enhancement,
and preservation of stream and riparian buffer, a minimum of 100 feet but no more than
300 feet on each bank, at the Buck Mountain Creek compensation site, as detailed in the
final stream compensation plan approved by DEQ. Compensation will occur along Buck
Mountain Creek and its tributaries. The compensation areas shall be preserved in
perpetuity, as described in the final stream compensation plan and Part I.G.4.
5. Compensation for any additional permanent impacts based on the final project and
compensation designs will be provided at appropriate ratios, as detailed in the final
wetlands and stream compensation plans approved by DEQ.
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
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6. Any change to the compensation options noted in Part I.H.I through I.H.5 above shall be
approved by DEQ prior to initiating any construction activities in surface waters.
I. Conditions Applicable to Compensatory Mitigation Activities
1. The permittee is responsible for meeting all of the components of the compensatory
mitigation requirements associated with this permit. This responsibility can only be
transferred if and when the permit is transferred to another party and then only to the new
permit recipient.
2. Compensation site construction shall commence within 180 calendar days
(approximately six months) of beginning project construction activities in any permitted
impact area. Work in the permitted impact areas shall cease until compensation site
construction begins, unless otherwise authorized to continue by DEQ.
All vegetation removal for control purposes shall be done by manual means, unless
authorized by DEQ in advance. Herbicides or algacides shall not be used in or
immediately adjacent to compensation areas without prior authorization by DEQ.
4. Vegetation shall be native species common to the area and shall be suitable for growth in
local wetland and/or riparian conditions. Seeds used for compensation site activities shall
conform to the Virginia Seed Law (Sections 3.1-262 Code of Virginia) and Virginia Seed
Regulations (2 VAC 5-290-10 et. seq.). Planting of woody plants shall occur when
vegetation is normally dormant unless otherwise approved in the final compensation plan.
5. Point sources of stormwater runoff shall be prohibited from entering any compensation
site prior to treatment by appropriate best management practices (BMPs) that are
designed, installed, and maintained as described in the Virginia Erosion and Sediment
Control Handbook (Third Edition, 1992, or the most recent version in effect at the time of
construction) and the Virginia Stormwater Management Handbook (First Edition, 1999,
or the most recent version in effect at the time of construction), or for any compensation
site within state forest boundaries, the Forestry Best Management Practices for Water
Quality in Virginia Technical Guide (Fourth Edition, July 2002). Appropriate best
management practices may include sediment traps, grassed waterways, vegetated filter
strips, debris screens, oil and grease separators, and forebays. Installation of alternative
practices not described in these references shall be submitted to DEQ for approval prior
to beginning construction.
J. Compensation Site Construction Tasks, Monitoring, and Submittals
Pre -Construction Tasks, Monitoring, and Submittals for the Compensation Sites
VWP Individual Permit No. 06-1574, Major Modification No
Part I - Special Conditions
Page 25 of 35
1. At least ten calendar days prior to the initiation of any land disturbance or construction
activities at the Moores Creek and Buck Mountain Creek compensation sites
(compensation sites), the permittee shall submit written notification to DEQ, including a
projected schedule for initiating and completing work at each wetland cell and each
stream restoration reach, and the pre -construction photographs described in Part I.J.4.
2. For compensation sites involving land disturbance, a site stabilization plan shall be
implemented prior to compensatory mitigation construction activities.
3. All non -impacted wetlands, streams, open water, and designated buffers that are located
within the compensation site limits, or that are located within fifty feet of any
compensation site construction activities, shall be clearly marked or flagged for the life of
the construction activity within that area. The permittee shall notify all contractors and
subcontractors that no activities are to occur in these marked areas.
4. The permittee shall conduct photographic documentation of pre -construction conditions
in each cell of wetlands to be created and in each reach of stream restoration or
enhancement at the compensation sites. The photos shall be of sufficient quantity to
thoroughly document the environmental conditions prior to disturbance. Photographic
documentation shall be conducted by the following method:
For wetland creation areas and stream restoration areas, enumerated photo stations shall
be established in each wetland cell or stream restoration reach of the compensation sites.
These locations will be consistent for the duration of compensation site construction
activities. Photo stations may be established via water craft or temporary floating
structures. Photos will be taken from the same directional orientation during each
monitoring event, except for stream restoration reaches, where photographs shall be taken
from the center of the stream, facing downstream, so that the entire length of the
restoration reach is captured. Each photograph taken shall be labeled with the photo
station number, the cell number and wetland type, the stream reach identification number
or name, the photograph orientation, the date and time of the photograph, and the name of
the person taking the photograph. If necessary, this information may be provided on (a)
separate sheet(s) of paper attached to the photographs.
For preservation areas only, representative photos shall be taken once while marking the
non -impact areas noted in Part I.J.3, or once prior to commencing any construction
activities at the compensation sites. Each photograph taken shall be labeled with the
stream reach identification number or name, the photograph orientation, the date and time
of the photograph, and the name of the person taking the photograph. If necessary, this
information may be provided on (a) separate sheet(s) of paper attached to the
photographs. In lieu of individual photos in large preservation reaches, an aerial
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 26 of 35
photograph shall be submitted provided that the photo contains sufficient detail to
identify pre -construction conditions. Each aerial photograph shall be labeled with the
stream reach identification numbers or names, the photograph elevation, the date and
time of the photograph, and the name of the person or firm taking the photograph.
Photos shall be submitted with the notification (Part I.J.1) to DEQ that land disturbing or
construction activities are planned to begin.
Short -Term Monitoring and Submittals during Compensation Site Construction
Monitoring of water quality parameters shall be conducted during relocation of any
flowing stream through a new channel. Corrective measures and additional monitoring
may be required if water quality standards are not met. The permittee shall report
violations of water quality standards to DEQ within 24 hours of monitoring. All
monitoring data shall be submitted to DEQ within seven calendar days of the monitoring
event. The method for monitoring water quality parameters shall be as follows:
a. One sampling station shall be located upstream of the relocated channel, and one
sampling station shall be located immediately downstream of the relocated channel.
b. At the upstream sampling station, temperature, pH, and dissolved oxygen (D.O.)
measurements shall be taken immediately before opening a new channel, and every
30 minutes thereafter for at least two hours.
c. At the downstream sampling station, temperature, pH, and dissolved oxygen (D.O.)
measurements shall be taken immediately after opening a new channel, and every 30
minutes thereafter until the measurements indicate that the site has stabilized
(minimum of three hours).
6. The permittee shall conduct photographic monitoring of sufficient quantity and frequency
to thoroughly document all construction activities in each wetland cell and stream
restoration or enhancement reach at the compensation sites, such as, but not limited to,
clearing, grading, installation of water control structures, erosion and sediment control
structures, access roads, stream relocations, etc. Photos shall also document any non-
compliant events or problems encountered during the construction activities. No photos
are necessary in preservation -only areas. For work being conducted in phases, or only in
certain areas at the same time, monitoring may begin upon initiating work in those
specific areas.
The established, enumerated photo stations in each wetland cell or stream restoration or
enhancement reach shall be used for photo monitoring. Photos will be taken from the
same directional orientation during each monitoring event, except for stream restoration
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 27 of 35
reaches, where photographs shall be taken from the center of the stream, facing
downstream, so that the entire length of the restoration reach is captured. Each
photograph taken shall be labeled with the photo station number, the cell number and
wetland type, the stream reach identification number or name, the photograph orientation,
the date and time of the photograph, the name of the person taking the photograph, and a
brief description of the activities being conducted at the time of the photograph. If
necessary, this information may be provided on (a) separate sheet(s) of paper attached to
the photographs.
Photos shall be submitted as part of the compensation site construction monitoring
reports detailed in Part I.J.7.
7. Compensation site construction monitoring reports shall be submitted to DEQ monthly,
due by the 15th of the following month (for example, the report for January is due by
February 15th). The reports shall include the following, as applicable:
a. A written narrative including a description of the major work items performed, when
those items were initiated, when those items are expected to be completed, and the
details of any non-compliant events or problems that were encountered.
b. A written summary of any corrective actions taken and any subsequent notifications
to DEQ regarding non-compliant events or problems encountered during construction
activities.
c. A summary of anticipated work to be completed during the next monitoring period.
d. A labeled site map showing where work activities occurred during the monitoring
period and the photo stations used to document activities.
e. The photos taken during the monitoring period.
After each cell of the wetland compensation site reaches final grades, but prior to
planting the cell, the permittee shall submit a post -grading survey to DEQ. The survey
shall be conducted by a licensed land surveyor and certified by a licensed surveyor,
licensed professional engineer, or licensed landscape architect. The survey shall
document spot elevations (in feet above mean sea level) that are within +/- 0.2 feet (1.2
inches) of the elevations indicated in the site construction grading plan that was approved
as part of the final compensation plan. Post -grading elevations for the compensation site
shall be sufficient to ensure that wetland hydrology will be achieved on the site to support
the goals and objectives of the approved final compensation plan. DEQ shall have 30
calendar days to review the survey and provide comments to the permittee.
VAP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 28 of 35
Submittals after Compensation Site Construction
9. The permittee shall submit written notification within 30 calendar days after the
completion of activities in each wetland cell and each stream restoration or enhancement
reach at the compensation sites. The notification may be included with monthly
compensation site construction monitoring reports or may be submitted separately. In
either case, notification shall include the post -construction photos of the wetland cell or
stream reach, using the established, enumerated photo stations.
10. Final As -Built plans of the entire Moores Creek site, and the areas of the Buck Mountain
Creek compensation site where stream restoration or enhancement occurred, shall be
submitted to DEQ within 90 calendar days of completing construction at each site. A
licensed land surveyor or a licensed professional engineer shall certify the plans. The
plans shall include a narrative comparing the As -Built plans with the design plans or
reference reach information. DEQ shall have 30 calendar days to review the plans and
provide comments to the permittee.
Long -Term Monitoring for Success after Compensation Site Construction and in
Preservation Areas
11. Success monitoring at all compensation sites shall be conducted in accordance with the
current Virginia Water Protection Permit Program Regulation 9 VAC 25-210-10 et. seq.
in effect at the time that monitoring begins, with the most recent mitigation guidance
found on DEQ's wetlands web page, with the approved final compensatory mitigation
plans, and with this permit.
12. Success monitoring at constructed or restored sites shall be conducted on the frequency
and duration stipulated in the approved final compensation plans. Success monitoring
shall begin at the first full growing season (monitoring year one) following compensation
site construction. If construction ends before the beginning of the growing season in a
particular year, then that year shall be considered as monitoring year one for purposes of
success monitoring. If construction ends during or after the growing season in a
particular year, the following growing season shall be considered as monitoring year one
for purposes of success monitoring. The growing season for the area in which the
compensation is located is defined by the local U.S.D.A Natural Resources Conservation
Service or Soil Conservation Service office.
13. If all success criteria have not been met by November 300' of the last monitoring year
specified in the approved final compensation plan, or if visual observations conclude that
the site has not met the overall restoration goals, corrective actions shall be implemented
in accordance with the DEQ -approved corrective action plan. Annual monitoring shall
continue until two sequential, annual reports indicate that all criteria have been
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 29 of 35
successfully satisfied (e.g., that corrective actions were successful) and the compensation
sites have met the overall restoration goals. The permittee shall be solely responsible for
ensuring that all necessary corrective actions are implemented so that the compensation
sites meet the success criteria, as detailed in the final compensation plans. Should any
significant changes to the compensation sites be necessary, the first full growing season
after the changes are complete shall become the new monitoring year one. Monitoring
shall continue in accordance with the DEQ -approved corrective action plan.
14. Photographic documentation during success monitoring shall be conducted in accordance
with the final compensation plans approved by DEQ.
15. Hydrology monitoring at a nontidal wetland compensation sites shall be conducted in
accordance with the final compensation plans approved by DEQ.
16. Wetland vegetation monitoring shall be conducted in accordance with the final
compensation plans approved by DEQ. Undesirable plant species shall be identified and
controlled as described in the monitoring and control plan for undesirable plant species,
such that they are not dominant species or do not change the desired community
structure.
17. Monitoring for the presence of hydric soils or soils under hydric conditions shall be
conducted in accordance with the final compensation plans approved by DEQ.
18. Wildlife data collection shall be conducted in accordance with the final compensation
plans approved by DEQ.
19. All bank pins and scour chains used to monitor bank and channel stability shall be
monitored and measured each monitoring year on the frequency detailed in the DEQ -
approved final compensation plans. Maintenance on bank pins and scour chains shall be
conducted within 30 days of each inspection.
20. All preserved stream and riparian buffer areas provided as compensation for this project
shall be monitored by aerial photography once every five years for the effective term of
this permit, beginning upon DEQ's approval of the final stream compensation plan.
Aerial photographs shall be of sufficient number to capture all preservation areas and
shall be of sufficient scale and elevation to discern changes in vegetation density and
coverage in the preservation areas.
Submittals for Success Monitoring at the Compensation Sites
21. Compensation site monitoring reports shall be submitted by December 31St of the years in
which a monitoring is required, including the final monitoring year, as identified in the
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 30 of 35
approved final compensation plans. The reports shall include the following, at a
minimum:
a. A general description of the compensation site including a site location map
identifying wetland, open water, and stream compensation areas, photo stations,
vegetative and soil monitoring stations, monitoring wells (if applicable), wetland
zones, survey points, bank pins, and scour chains;
b. Summary of activities completed during the monitoring year;
c. Description of monitoring methods;
d. An analysis of all hydrology information, including monitoring well data,
precipitation data, and gauging data from streams, or other open water areas, as
detailed in the final compensation plans;
e. Evaluation of hydric soils or soils under hydric conditions;
f. Discussion of the stream geomorphologic parameters measured, including channel
dimension, pattern, profile, and materials within defined stream type, as they relate to
channel or stream bank stability,
g. An analysis of all vegetative community information, including woody and
herbaceous species, both planted and volunteers, set forth in the final compensation
plans;
h. Discussion of wildlife or signs of wildlife observed at the compensation sites;
i. Discussion of macroinvertebrate sampling data;
j. Evaluation of instream structures;
k. Discussion of observed success of livestock access limiting measures;
Discussion of alterations, maintenance, and/or major storm events resulting in
significant change in stream profile or cross section;
m. Comparison of site conditions from the previous monitoring year, or comparison of
site conditions to the reference site;
n. A calculation of the acreage of each wetland type based upon that monitoring year's
soils, vegetation, and hydrology data, shown on the site location map;
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 31 of 35
o. Stream restoration reach survey, certified by a licensed land surveyor or a licensed
professional engineer, including at a minimum, the stream classification, the required
stream cross-sections, a longitudinal profile (including Thalweg, bankfull, and top of
bank measurements), a pebble count, all instream structures, and other required
information as detailed in the approved final compensation plans;
p. A corrective action plan, if necessary, which includes any proposed actions or
maintenance activities, a schedule, and a monitoring plan (e.g., the control of
undesirable species, the repair of a damaged water control device, the replacement of
damaged, planted vegetation, etc.); and
q. Properly labeled photographs.
22. Within 90 calendar days of the final monitoring event in the final monitoring year, a
wetland boundary survey shall be conducted by a licensed land surveyor or a licensed
professional engineer, and shall be based upon the results of monitoring data for soils,
vegetation, and hydrology. A calculation shall be made of the total acreage of each
wetland type. The boundary and acreage per wetland type shall be shown on the most
recent version of the compensation site design plan sheet(s). The so -noted compensation
design plan sheets shall be submitted to DEQ as part of the final monitoring report or as a
separate document.
23. Aerial photographs of preservation areas taken in accordance with Part I.J.20 shall be
submitted to DEQ within 30 days of the flight date. Each aerial photograph shall be
labeled with the stream reach identification numbers or names, the photograph elevation,
the date and time of the photograph, and the name of the person or firm taking the
photograph.
VWP Individual Permit No. 06-1574, Major Modification No
Part I - Special Conditions
Page 32 of 35
Attachment A- Water Conservation
Mandatory Non-essential Water Use Restrictions
The following non-essential water uses will be prohibited during periods of declared
drought emergencies. Please note the exceptions that follow each prohibited use. These
prohibitions and exceptions will apply to uses from all sources of water and will only be
effective when the Governor of Virginia or the Virginia Drought coordinator declares a
Drought Emergency. Water use restrictions shall not apply to the agricultural production
of food or fiber, the maintenance of livestock including poultry, nor the commercial
production of plant materials so long as best management practices are applied to assure
the minimum amount of water is utilized.
Unrestricted irrigation of lawns is prohibited.
• Newly sodded and seeded areas may be irrigated to establish cover on bare ground at
the minimum rate necessary for no more than a period of 60 days.. Irrigation rates may
not exceed one inch of applied water in any 7 -day period.
• Gardens, bedding plants, trees, shrubs and other landscape materials may be watered
with hand held containers, hand held hoses equipped with an automatic shutoff device,
sprinklers or other automated watering devices at the minimum rate necessary but in no
case more frequently than twice per week. Irrigation should not occur during the heat
of the day.
• All allowed lawn irrigation must be applied in a manner to assure that no runoff,
puddling or excessive watering occurs.
• Irrigation systems may be tested after installation, routine maintenance or repair for no
more than ten minutes per zone.
Unrestricted irrigation of golf courses is prohibited.
• Tees and greens may be irrigated between the hours of 9:00 p.m. and 10:00 a.m. at the
minimum rate necessary.
• Localized dry areas may be irrigated with a hand held container or hand held hose
equipped with an automatic shutoff device at the minimum rate necessary.
• Greens may be cooled by syringing or by the application of water with a hand held hose
equipped with an automatic shutoff device at the minimum rate necessary.
• Fairways may be irrigated between the hours of 9:00 p.m. and 10:00 a.m. at the
minimum rate necessary not to exceed one inch of applied water in any ten-day period.
• Fairways, tees and greens may be irrigated during necessary overseeding or resodding
operations in September and October at the minimum rate necessary. Irrigation rates
during this restoration period may not exceed one inch of applied water in any seven-
day period.
• Newly constructed fairways, tees and greens and areas that are re-established by
sprigging or sodding may be irrigated at the minimum rate necessary not to exceed one
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 33 of 35
inch of applied water in any seven-day period for a total period that does not exceed 60
days.
Fairways, tees and greens may be irrigated without regard to the restrictions listed
above so long as:
o The only water sources utilized are water features whose primary purpose is
stormwater management;
o Any water features utilized do not impound permanent streams;
o During declared Drought Emergencies these water features receive no recharge
from other water sources such as ground water wells, surface water intakes, or
sources of public water supply; and,
o All irrigation occurs between 9:00 p.m. and 10:00 a.m.
All allowed golf course irrigation must be applied in a manner to assure that no runoff,
puddling or excessive watering occurs.
Rough areas may not be irrigated.
Unrestricted irrigation of athletic fields is prohibited.
• Athletic fields may be irrigated between the hours of 9:00 p.m. and 10:00 a.m. at a
rate not to exceed one inch per application or more than a total of one inch in multiple
applications during any ten-day period. All irrigation water must fall on playing
surfaces with no outlying areas receiving irrigation water directly from irrigation
heads.
• Localized dry areas that show signs of drought stress and wilt (curled leaves, foot-
printing, purpling) may be syringed by the application of water for a cumulative time
not to exceed fifteen minutes during any twenty four hour period. Syringing may be
accomplished with an automated irrigation system or with a hand held hose equipped
with an automatic shutoff device at the minimum rate necessary.
• Athletic fields may be irrigated between the hours of 9:00 p.m. and 10:00 a.m. during
necessary overseeding, sprigging or resodding operations at the minimum rate
necessary for a period that does not exceed 60 days. Irrigation rates during this
restoration period may not exceed one inch of applied water in any seven-day period.
Syringing. is permitted during signs of drought stress and wilt (curled leaves, foot-
printing, purpling).
• All allowed athletic field irrigation must be applied in a manner to assure that no
runoff, puddling or excessive watering occurs.
• Irrigation is prohibited on athletic fields that are not scheduled for use within the next
120 -day period.
• Water may be used for the daily maintenance of pitching mounds, home plate areas
and base areas with the use of hand held containers or hand held hoses equipped with
an automatic shutoff device at the minimum rate necessary.
• Skinned infield areas may utilize water to control dust and improve playing surface
conditions utilizing hand held containers or hand held hoses equipped with an
VWP Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 34 of 35
automatic shutoff device at the minimum rate necessary no earlier than two hours
prior to official game time.
Washing paved surfaces such as streets, roads, sidewalks, driveways, garages, parking
areas, tennis courts, and patios is prohibited.
• Driveways and roadways may be pre -washed in preparation for recoating and sealing.
• Tennis courts composed of clay or similar materials may be wetted by means of a
hand-held hose equipped with an automatic shutoff device at the minimum rate
necessary for maintenance. Automatic wetting systems may be used between the
hours of 9:00 p.m. and 10:00 a.m. at the minimum rate necessary.
• Public eating and drinking areas may be washed using the minimum amount of water
required to assure sanitation and public health.
• Water may be used at the minimum rate necessary to maintain effective dust control
during the construction of highways and roads.
Use of water for washing or cleaning of mobile equipment including automobiles,
trucks, trailers and boats is prohibited.
• Mobile equipment may be washed using hand held containers or hand held hoses
equipped with automatic shutoff devices provided that no mobile equipment is
washed more than once per calendar month and the minimum amount of water is
utilized.
• Construction, emergency or public transportation vehicles may be washed as
necessary to preserve the proper functioning and safe operation of the vehicle.
• Mobile equipment may be washed at car washes that utilize reclaimed water as part of
the wash process or reduce water consumption by at least 10% when compared to a
similar period when water use restrictions were not in effect.
• Automobile dealers may wash cars that are in inventory no more than once per week
utilizing hand held containers and hoses equipped with automatic shutoff devices,
automated equipment that utilizes reclaimed water as part of the wash process, or
automated equipment where water consumption is reduced by at least 10% when
compared to a similar period when water use restrictions were not in effect.
• Automobile rental agencies may wash cars no more than once per week utilizing hand
held containers and hoses equipped with automatic shutoff devices, automated
equipment that utilizes reclaimed water as part of the wash process, or automated
equipment where water consumption is reduced by at least 10% when compared to a
similar period when water use restrictions were not in effect.
• Marine engines may be flushed with water for a period that does not exceed 5
minutes after each use.
Use of water for the operation of ornamental fountains, artificial waterfalls, misting
machines, and reflecting pools is prohibited.
0 Fountains and other means of aeration necessary to support aquatic life are permitted.
VAT Individual Permit No. 06-1574, Major Modification No. 1
Part I - Special Conditions
Page 35 of 35
Use of water to fill and top off outdoor swimming pools is prohibited.
• Newly built or repaired pools may be filled to protect their structural integrity.
• Outdoor pools operated by commercial ventures, community associations, recreation
associations, and similar institutions open to the public may be refilled as long as:
o Levels are maintained at mid -skimmer depth or lower,
o Any visible leaks are immediately repaired,
o Backwashing occurs only when necessary to assure proper filter operation,
o Deck areas are washed no more than once per calendar month (except where
chemical spills or other health hazards occur),
o All water features (other than slides) that increase losses due to evaporation
are eliminated, and
o Slides are turned off when the pool is not in operation.
• Swimming pools operated by health care facilities used in relation to patient care and
rehabilitation may be filled or topped off.
• Indoor pools may be filled or topped off.
• Residential swimming pools may be filled only to protect structural integrity, public
welfare, safety and health and may not be filled to allow the continued operation of
such pools.
Water may be served in restaurants, clubs, or eating -places only at the request of
customers.
VWP Individual Permit No. 06-1574
Part II - General Conditions
Page 1 of 6
Part II — General Conditions
A. Duty to Comply
The permittee shall comply with all conditions of the VWP permit. Nothing in the VWP
permit regulations shall be construed to relieve the permittee of the duty to comply with all
applicable federal and state statutes, regulations and prohibitions. Any VWP permit violation
is a violation of the law, and is grounds for enforcement action, VWP permit termination,
revocation, modification, or denial of an application for a VWP permit extension or
reissuance.
B. Duty to Cease or Confine Activity
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the activity for which a VWP permit has been granted in order to
maintain compliance with the conditions of the VWP permit.
C. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any impacts in violation
of the permit which may have a reasonable likelihood of adversely affecting human health or
the environment.
D. VWP Permit Action
A VWP permit may be modified, revoked and reissued, or terminated as set forth in 9
VAC 25-210 et seq.
2. If a permittee files a request for VWP permit modification, revocation, or termination, or
files a notification of planned changes, or anticipated noncompliance, the VWP permit
terms and conditions shall remain effective until the request is acted upon by the board.
This provision shall not be used to extend the expiration date of the effective VWP
permit. If the permittee wishes to continue an activity regulated by the VWP permit after
the expiration date of the VWP permit, the permittee must apply for and obtain a new
VWP permit or comply with the provisions of 9 VAC 25-210-185 (VWP Permit
Extension).
3. VWP permits may be modified, revoked and reissued or terminated upon the request of
the permittee or other person at the board's discretion, or upon board initiative to reflect
the requirements of any changes in the statutes or regulations, or as a result of VWP
permit noncompliance as indicated in the Duty to Comply subsection above, or for other
reasons listed in 9 VAC 25-210-180 (Rules for Modification, Revocation and Reissuance,
and Termination of VWP permits).
VWP Individual Permit No. 06-1574
Part II - General Conditions
Page 2 of 6
E. Inspection and Entry
Upon presentation of credentials, any duly authorized agent of the board may, at reasonable
times and under reasonable circumstances:
1. Enter upon any permittee's property, public or private, and have access to, inspect and
copy any records that must be kept as part of the VAP permit conditions;
2. Inspect any facilities, operations or practices (including monitoring and control
equipment) regulated or required under the VAP permit; and
3. Sample or monitor any substance, parameter or activity for the purpose of ensuring
compliance with the conditions of the VWP permit or as otherwise authorized by law.
F. Duty to Provide Information
1. The permittee shall furnish to the board any information which the board may request to
determine whether cause exists for modifying, revoking, reissuing or terminating the
VWP permit, or to determine compliance with the VAP permit. The permittee shall also
furnish to the board, upon request, copies of records required to be kept by the permittee.
2. Plans, specifications, maps, conceptual reports and other relevant information shall be
submitted as required by the board prior to commencing construction.
G. Monitoring and Records Requirements
1. Monitoring of parameters, other than pollutants, shall be conducted according to
approved analytical methods as specified in the VAP permit. Analysis of pollutants will
be conducted according to 40 CFR Part 136 (2000), Guidelines Establishing Test
Procedures for the Analysis of Pollutants.
2. Samples and measurements taken for the purpose of monitoring shall be representative of
the monitored activity.
3. The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart or electronic recordings for
continuous monitoring instrumentation, copies of all reports required by the VWP permit,
and records of all data used to complete the application for the VWP permit, for a period
of at least three years from the date of the expiration of a granted VWP permit. This
period may be extended by request of the board at any time.
4. Records of monitoring information shall include:
a. The date, exact place and time of sampling or measurements;
VWP Individual Permit No. 06-1574
Part II - General Conditions
Page 3 of 6
b. The name of the individuals who performed the sampling or measurements;
c. The date and time the analyses were performed;
d. The name of the individuals who performed the analyses,-
e.
nalyses;
e. The analytical techniques or methods supporting the information such as
observations, readings, calculations and bench data used;
f. The results of such analyses; and
g. Chain of custody documentation.
H. Transferability
This VWP permit may be transferred to a new permittee only by modification to reflect the
transfer, by revoking and reissuing the permit, or by automatic transfer. Automatic transfer to a
new permittee shall occur if -
1.
f
1. The current permittee notifies the board within 30 days of the proposed transfer of the
title to the facility or property;
2. The notice to the board includes a written agreement between the existing and proposed
permittee containing a specific date of transfer of VWP permit responsibility, coverage
and liability to the new permittee, or that the existing permittee will retain such
responsibility, coverage, or liability, including liability for compliance with the
requirements of any enforcement activities related to the permitted activity; and
3. The board does not within the 30 -day time period notify the existing permittee and the
new permittee of its intent to modify or revoke and reissue the VWP permit.
I. Property rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize injury to private property or any
invasion of personal rights or any infringement of federal, state or local law or regulation.
I Reopener
Each VWP permit shall have a condition allowing the reopening of the VWP permit for the
purpose of modifying the conditions of the VWP permit to meet new regulatory standards duly
adopted by the board. Cause for reopening VWP permits includes, but is not limited to when the
circumstances on which the previous VWP permit was based have materially and substantially
VWP Individual Permit No. 06-1574
Part II - General Conditions
Page 4 of 6
changed, or special studies conducted by the board or the permittee show material and
substantial change, since the time the VWP permit was issued and thereby constitute cause for
VWP permit modification or revocation and reissuance.
K. Compliance with State and Federal Law
Compliance with this VWP permit constitutes compliance with the VWP permit requirements of
the State Water Control Law. Nothing in this VWP permit shall be construed to preclude the
institution of any legal action under or relieve the permittee from any responsibilities, liabilities,
or other penalties established pursuant to any other state law or regulation or under the authority
preserved by § 510 of the Clean Water Act.
L. Severability
The provisions of this VWP permit are severable.
M. Permit Modification
A VWP permit may be modified, but not revoked and reissued except when the permittee agrees
or requests, when any of the following developments occur:
1. When additions or alterations have been made to the affected facility or activity which
require the application of VWP permit conditions that differ from those of the existing
VWP permit or are absent from it;
2. When new information becomes available about the operation or activity covered by the
VWP permit which was not available at VWP permit issuance and would have justified
the application of different VWP permit conditions at the time of VWP permit issuance;
3. When a change is made in the promulgated standards or regulations on which the VWP
permit was based;
4. When it becomes necessary to change final dates in schedules due to circumstances over
which the permittee has little or no control such as acts of God, materials shortages, etc.
However, in no case may a compliance schedule be modified to extend beyond any
applicable statutory deadline of the Act;
5. When changes occur which are subject to "reopener clauses" in the VWP permit; or
6. When the board determines that minimum instream flow levels resulting from the
permittee's withdrawal of water are detrimental to the instream beneficial use and the
withdrawal of water should be subject to further net limitations or when an area is
declared a Surface Water Management Area pursuant to §§ 62.1-242 through 62.1-253 of
the Code of Virginia, during the term of the VWP permit.
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N. Permit Termination
After notice and opportunity for a formal hearing pursuant to Procedural Rule No. 1 (9 VAC 25-
230-100) a VWP permit can be terminated for cause. Causes for termination are as follows:
1. Noncompliance by the permittee with any condition of the VWP permit;
2. The permittee's failure in the application or during the VWP permit issuance process to
disclose fully all relevant facts or the permittee's misrepresentation of any relevant facts
at any time;
3. The permittee's violation of a special or judicial order;
4. A determination by the board that the permitted activity endangers human health or the
environment and can be regulated to acceptable levels by VWP permit modification or
termination;
5. A change in any condition that requires either a temporary or permanent reduction or
elimination of any activity controlled by the VWP permit; and
6. A determination that the permitted activity has ceased and that the compensatory
mitigation for unavoidable adverse impacts has been successfully completed.
O. Civil and Criminal Liability
Nothing in this VWP permit shall be construed to relieve the permittee from civil and criminal
penalties for noncompliance.
P. Oil and Hazardous Substance Liability
Nothing in this VWP permit shall be construed to preclude the institution of legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or
may be subject under § 311 of the Clean Water Act or §§ 62.1-44.34:14 through 62.1-44.34:23
of the State Water Control Law.
Q. Unauthorized Discharge of Pollutants
Except in compliance with this VWP permit, it shall be unlawful for the permittee to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or
deleterious substances;
2. Excavate in a wetland;
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3. Otherwise alter the physical, chemical, or biological properties of state waters and make
them detrimental to the public health, to animal or aquatic life, to the uses of such waters
for domestic or industrial consumption, for recreation, or for other uses;
4. On or after October 1, 2001 conduct the following activities in a wetland:
a. New activities to cause draining that significantly alters or degrades existing wetland
acreage or functions;
b. Filling or dumping;
c. Permanent flooding or impounding;
d. New activities that cause significant alteration or degradation of existing wetland
acreage or functions.
R. Permit Extension
Any permittee with an effective VWP permit for an activity that is expected to continue after the
expiration date of the VWP permit, without any change in the activity authorized by the VWP
permit, shall submit written notification requesting an extension. The permittee must file the
request prior to the expiration date of the VWP permit. Under no circumstances will the
extension be granted for more than 15 years beyond the original effective date of the VWP
permit. If the request for extension is denied, the VWP permit will still expire on its original
date and, therefore, care should be taken to allow for sufficient time for the board to evaluate the
extension request and to process a full VWP permit modification, if required.