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HomeMy WebLinkAboutSUB201700117 Other 2022-03-04COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE David lC Paylor Matthew J. Strickler P.O. Box 3000, Harrisonburg, Virginia 22801 Director Secretary of Natural Resources (540) 574-7800 Fax (804) 698-4178 www.deq.virginia.gov Amy Thatcher Owens Located at 4411 Early Road, Harrisonburg, Virginia 22801 Regional Director March 26, 2021 Brookhill Investments, LLC c/o Mr. Alan Taylor 455 Second Street, SE, Suite 400 Charlottesville, VA 22903 Email: alan(a)riverbenddev.com Re: Virginia Water Protection (VWP) Individual Permit Number 16-1133 Brookhill, Albemarle County, Virginia Approval of Minor Modification of VWP Individual Permit Dear Mr. Taylor: The Virginia Department of Environmental Quality (DEQ) received a Minor Modification request for VWP Individual Permit No. 16-1133. The permit was issued on June 9, 2017. In the letter dated January 14, 2021 and received January 19, 2021, Avi Sareen (TNT Environmental) requested, on your behalf to revise the project layout and associated surface water impacts. Following the layout changes, the total permanent impacts are proposed as 0.08 acre (3485 ft) of PFO wetland, 0.11 acre (4,792 ft) of PEM wetland, 579 linear feet (3,682 ft) of ephemeral stream, 604 linear feet (3,265 ft) of intermittent stream, and 533 linear feet (5835 ft) of perennial stream. In addition, temporary impacts are proposed to 76 linear feet of perennial stream and 32 linear feet of intermittent stream. The unauthorized impacts and mitigation for these unauthorized impacts are being addressed through a Notice of Violation (NOV No. 2102-001699), issued on February 1, 2021 and Notice of Violation (NOV No. 2003-001423), issued on May 12, 2020. In accordance with your request and pursuant to the VWP Permit Program Regulation 9 VAC 25-210-180 and § 401 of the Clean Water Act Amendments of 1977, Public Law 95-217, DEQ approves your request to modify the above referenced permit. DEQ has determined that this request qualifies for a Minor Modification in accordance with VWP Permit Program Regulation 9 VAC 25-210-180.E. 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 e-mailed to you, whichever Brookhill Investments, LLC VWP Permit No. 16-1133 Page 2 of 2 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, an owner may request a formal hearing for the formal taking of evidence upon relevant fact issues under Section 2.2-4020 of the Administrative Process Act. A petition for a formal hearing must meet the requirements set forth in 9 VAC 25-230-130.13 of the Virginia Administrative Code. 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. Please note that this letter is an official component of the permit. Please retain this letter in your files and replace the original permit with the revised permit provided herein. If you have any questions, please contact Cathy Wright at (540) 574-7804 or catherine.wright@deq.virginia.gov. Sincerely, B. Keith Fowler Deputy Regional Director Enclosures: SPGP Authorization Letter, Permit Cover Page, Part I - Special Conditions, Part II - General Conditions, Attachment 1: Monthly VWP Permit Inspection Checklist, Attachment 2: VWP Permit Construction Status Update Form cc: Avi Sareen, TNT Environmental Vincent Pero, U.S. Army Corps of Engineers Joseph Simpson, Simpson e atlasconstructionmanagement.com COMMONWEAL TH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE Molly Joseph Ward PO Box 3000, Harrisonburg, Virginia 22801 David K. Paylor Secretary of Natural Resources (540) 574-7800 Fax (540) 574-7878 Director www.deq.virginia.gov Amy Thatcher Owens Located at 4411 Early Road, Harrisonburg, Virginia 22801 Regional Director March 26, 2021 Brookhill Investments, LLC c/o Mr. Alan Taylor 455 Second Street, SE, Suite 400 Charlottesville, VA 22903 Email: alan(a)riverbenddev.com Re: State Program General Permit (17-SPGP-01) Authorization Permit Number: 16-1133 Brookhill, Albemarle County, Virginia Dear Mr. Taylor: The Virginia Department of Environmental Quality (DEQ) has received and completed technical review of your application dated January 14, 2021 and received January 19, 2021. Based on DEQ's technical review, DEQ has determined the proposed project satisfies the terms and conditions contained in the Corps of Engineers, Norfolk District State Program General Permit (17-SPGP-01). You are required to adhere to all terms and conditions contained within the attached 17-SPGP-01 and any Special Conditions listed below. Your 17-SPGP-01 verification is effective as of the date on this letter and remains effective until May 31, 2022. The impacts are associated with the construction of a mixed use residential/commercial community and associated infrastructure. The applicant is hereby authorized to permanently impact 0.08 acre (3485 ft2) of PFO wetland, 0.11 acre (4,792 112) of PEM wetland, 579 linear feet (3,682 ft2) of ephemeral stream, 604 linear feet (3,265 112) of intermittent stream, and 533 linear feet (5835ft2) of perennial stream. In addition, temporary impacts are proposed to 76 linear feet of perennial stream and 32 linear feet of intermittent stream. The conceptual mitigation plan submitted with your application indicated that mitigation will include the purchase of 1,660 stream credits and 0.29 wetland credits from an approved mitigation bank, in -lieu fee fund, or a combination thereof that is authorized and approved to sell credits in the area in which the impacts will occur and has credits available. The application indicates that the mitigation will be completed in phases as described in the DEQ VWP Individual Permit No. 16-1133, Permit Part I.H. This mitigation shall be completed and documentation shall be submitted to DEQ prior to commencement of project impacts. VWP General Permit Authorization No. 16-1133 Permit Coverage Letter Page 2 of 2 SPECIAL CONDITIONS: The Department of Historic Resources (DHR) has received the landscape plan for the Brookhill project (DHR File No. 2016-3952; NAO-2015-02084). The proposed vegetative screening is sufficient to avoid adverse effects on the Brookhill Plantation (DHR Inventory No. 002- 0008). As noted in previous correspondence, dated April 26, 2016, the nineteenth-century components of sites 44AB0673 and 44AB0338 are considered potentially eligible for listing in the National Register of Historic Places. It is DHR's opinion that a finding of no adverse effect is appropriate for the undertaking provided that the vegetative screening is installed as proposed, and that sites 44AB0673 and 44AB0338 are avoided. To minimize the potential for inadvertent ground disturbances, DHR recommends that fencing be installed around the potentially eligible portions of the sites during construction. This letter shall serve as verification to proceed with the project as proposed. The permittee shall be responsible for contacting DEQ to revise this verification, including provisions for compensatory mitigation, if the location or amount of the impacts changes. Please contact Cathy Wright by phone at (540) 574-7804 or by email at catherine.wright@deq.virginia.gov if you have any questions or concerns regarding the information contained herein. Sincerely, B. Keith Fowler Deputy Regional Director cc: Avi Sareen, TNT Environmental Vincent Pero, U.S. Army Corps of Engineers Joseph Simpson, simpson@atlasconstructionmanagement.com COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VWP Individual Permit Number 16-1133 Effective Date: June 9, 2017 Minor Modification Date 1: December 14, 2017 Minor Modification Date 2: October 24, 2018 Minor Modification Date 3: March 26, 2021 Expiration Date: June 8, 2032 VIRGINIA WATER PROTECTION PERMIT ISSUED PURSUANT TO THE STATE WATER CONTROL LAW AND SECTION 401 OF THE CLEAN WATER ACT 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 board has determined that there is a reasonable assurance that this VWP permit, if complied with, will protect instream beneficial uses, will not violate applicable water quality standards, and will not cause or contribute to a significant impairment of state waters or fish and wildlife resources. In issuing this VWP permit, the board has not taken into consideration the structural stability of any proposed activities. Permittee: Brookhill Investments, LLC Address: 455 Second Street, SE, Suite 400, Charlottesville, VA 22093 Activity Location: The project is located in the northeast quadrant of the intersection of Seminole Trail (US Route 29) and Polo Grounds Road in Albemarle County, Virginia. Activity Description: The permittee proposes to construct a mixed use commercial and residential development and associated transportation, utility, and stormwater infrastructure on an approximately 278 acre parcel known as `Brookhill". Permitted activities shall be conducted as described in the Joint Permit Application dated July 7, 2016, received on July 13, 2016, and supplemental materials, revisions and clarifications received through February 20, 2017, and the Minor Modification requests received on November 19, 2017, October 7, 2018, and January 19, 2021. Authorized Surface Water Impacts: This permit authorizes the total impact of 0.52 acre of surface waters, consisting of 0.50 acre of permanent impacts and 0.02 acre of temporary impacts as described in Part I.A.1. of the Permit. Approved Compensation: The permittee shall compensate for the authorized surface water impacts as described in Part I.H. of the Permit. VWP Individual Permit No. 16-1133 Page 2 of 2 The permitted activity shall be in accordance with this Permit Cover Page, Part I - Special Conditions, and Part II - General Conditions. March 26, 2021 B. Keith Fowler, Deputy Regional Director VWP Individual Permit No. 16-1133 Part I Page 1 of 7 Part I — Special Conditions A. Authorized Activities 1. This permit authorizes the total impact of 0.52 acre of surface waters, consisting of 0.50 acres of permanent impacts and 0.02 acre of temporary impacts. a. Permanent impacts consist of 0.08 acre of PFO wetland, 0.11 acre of PEM wetland, 579 linear feet of ephemeral stream, 604 linear feet of intermittent stream, and 533 linear feet of perennial stream. b. Temporary impacts to 76 linear feet of perennial stream and 32 linear feet of intermittent stream. c. Authorized impacts shall be as depicted on the impacts map entitled "Wetlands and Waters of the U.S. Impact Map -Sheet 1 of 4" (4 pages), dated July 6, 2016 with the latest revision date of January 14, 2021 and received January 19, 2021. Any changes to the impacts map that affect permitted areas shall be submitted to DEQ immediately upon determination that changes are necessary, and DEQ approval shall be required prior to implementing the changes. 2. The permittee shall conduct authorized activities as described in the Joint Permit Application dated July 7, 2016, and received July 13, 2016, and supplemental materials, revisions and clarifications received through February 20, 2017, and the Minor Modification requests received on November 19, 2017, October 7, 2018, and January19, 2021. Any changes to the authorized activities or impacts map that affect permitted areas shall be submitted to DEQ immediately upon determination that changes are necessary, and DEQ approval shall be required prior to implementing the changes. 3. The permit authorizes the temporary use of mechanical equipment in surface waters in accordance with all applicable permit conditions. 4. The permittee shall notify the DEQ of any additional impacts to surface waters, including wetlands; of any modifications of the intake structure; and of any change to the type of surface water impacts associated with this project. Any additional impacts, modifications, or changes shall be subject to individual permit review and/or modification of this permit. B. Permit Term 1. This permit is valid for 15 years from the date of issuance. A new permit may be necessary for the continuance of the authorized activities or any permit requirement that has not been completed, including compensation provisions. The permit term shall not exceed 15 years. 2. The permittee shall notify DEQ in writing at least 120 calendar days prior to the expiration of this permit if reissuance will be requested. C. Standard Project Conditions VWP Individual Permit No. 16-1133 Part I Page 2 of 7 1. The activities authorized by this permit shall be executed in such a manner that any impacts to 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. Flows downstream of the project area shall be maintained to protect all uses. 4. No activity shall cause more than minimal adverse effect on navigation, and no activity shall block more than half of the width of the stream at any given time. 5. The activity shall not impede the passage of normal or expected high flows, and any associated structure shall withstand expected high flows. 6. Continuous flow of perennial springs shall be maintained by the installation of spring boxes, French drains, or other similar structures. 7. All excavation, dredging, or filling in surface waters shall be accomplished in a manner that minimizes bottom disturbance and turbidity. 8. All in -stream activities shall be conducted during low -flow conditions whenever practicable. 9. 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, unless authorized by this permit. Wet, excess, or waste concrete shall be prohibited from entering surface waters. 10. All 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. 11. Measures shall be employed at all times to prevent and contain spills of fuels, lubricants, or other pollutants into surface waters. 12. Machinery or heavy equipment 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. 13. Stream channel restoration activities shall be conducted in the dry or during low flow conditions. When site conditions prohibit access from the streambank or upon prior authorization from the VWP Individual Permit No. 16-1133 Part I Page 3 of 7 Department of Environmental Quality, heavy equipment may be authorized for use within the stream channel. 14. Temporary disturbances to wetlands, stream channels, and/or stream banks during project construction activities shall be avoided and minimized to the maximum extent practicable. 15. 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 DCRs Invasive Alien Plant Species of Virginia list. The permittee shall take all appropriate measures to promote and maintain the revegetation of temporarily disturbed surface waters through the second year post -disturbance. 16. 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 surface waters. 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, shall be immediately stabilized to prevent the material or leachate from entering surface waters, and shall be entirely removed within 30 calendar days following completion of that construction activity. After removal, disturbed areas shall be returned to original contours, shall be stabilized, and shall be restored to the original vegetated state within 30 calendar days. The permittee shall take all appropriate measures to promote and maintain the revegetation of temporarily disturbed surface waters. 18. Temporary in -stream construction features such as cofferdams shall be made of non -erodible materials. 19. Virginia Water Quality Standards shall not be violated in any surface waters as a result of the project activities. 20. All non -impacted surface water and any required upland buffers that are within the project or right-of-way limits, and that are within fifty feet of any project activities, shall be clearly flagged or demarcated 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. 21. All required notifications and submittals shall include project name and permit number and be submitted electronically to vro.vwp@deq.virginia.gov or mailed to the DEQ office stated below, to the attention of the V WP permit manager, unless directed in writing by DEQ subsequent to the issuance of this permit: Department of Environmental Quality- Valley Regional Office, PO Box 3000, Harrisonburg, VA 22801. VWP Individual Permit No. 16-1133 Part I Page 4 of 7 21. 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 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. 22. 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 qualfedpersonnel 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. " 23. Any fish kills or spills of fuels or oils shall be reported to DEQ immediately upon discovery at (703) 583-3800. 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. 24. 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 obstruction, material, or toxic substance or to change the location of any structure are prohibited until approved by DEQ. D. Installation of 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 Part I.C.15, C.16, and C.17, 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. 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). E. Road Crossings VWP Individual Permit No. 16-1133 Part I Page 5 of 7 Access roads authorized by this permit shall be constructed to minimize the adverse effects on surface waters to the maximum extent practicable and to follow as near as possible pre - construction contours and elevations. 2. Installation of pipes and road crossings shall occur in the dry via the implementation of cofferdams, sheetpiling, stream diversions or other similar structures. 3. All surface waters temporarily affected by a road crossing shall be restored to their original elevations immediately following the removal of that particular temporary crossing. Temporary access roads shall be removed entirely following activity completion. 4. Impact Numbers 1, 3, 4, 6, 10, 13, 14. At crossings of streams, pipes and culverts must be installed to maintain low flow conditions and shall be countersunk at both inlet and outlet ends of the pipe or culvert, unless otherwise specifically approved by the Department of Environmental Quality on a case -by- case basis, and as follows: The requirement to countersink does not apply to extensions or maintenance of existing pipes and culverts that are not countersunk, floodplain pipes and culverts being placed above ordinary high water, pipes and culverts being placed on bedrock, or pipes and culverts required to be placed on slopes 5.0% or greater. Bedrock encountered during construction must be identified and approved in advance of a design change where the countersunk condition cannot be met. Pipes and culverts 24 inches or less in diameter shall be countersunk three inches below the natural stream bed elevations, and pipes and culverts greater than 24 inches shall be countersunk at least six inches below the natural stream bed elevations. Hydraulic capacity shall be determined based on the reduced capacity due to the countersunk position. In all stream crossings appropriate measures shall be implemented to minimize any disruption of aquatic life movement. 5. Stream bottom elevations at road crossings shall be measured at the inlet and outlet of the proposed structure and recorded prior to construction and within one week after the completion of construction to ensure that the design elevations were met. This information shall be recorded on the Monthly VWP Permit Inspection Checklist (Attachment 1) completed after the crossing is installed. F. Stormwater Management Structures The outfall and overflow structure shall be constructed and maintained to prevent downstream sediment deposition, erosion, or scour that may be associated with normal flow and any expected storm flows. Construction shall include the use of an appropriately sized riprap outlet protection apron at the outfall site. 2. Maintenance excavation shall follow the approved stormwater management plan and shall not exceed the original contours of the facility. A complete stormwater facility maintenance plan shall be submitted to the DEQ for each stormwater management facility authorized by the permit. Maintenance excavation shall follow the approved maintenance plan, and shall not exceed the original contours of the facility as constructed. 3. Draining of a stormwater management facility shall be performed by a method that prevents downstream sediment deposition, erosion, or scour. VWP Individual Permit No. 16-1133 Part I Page 6 of 7 G. Project Construction Monitoring and Submittals (Impact Sites) The permittee shall submit written notification at least 10 calendar days prior to the initiation of land disturbance or construction activities in permitted areas. The notification shall include a projected schedule for initiating and completing work at each permitted impact area. 2. Site inspections shall be conducted once every calendar month and recorded on the Monthly VWP Permit Inspection Checklist (Attachment 1) by the permittee or the permittee's qualified designee during active construction within authorized surface water impact areas. Monthly inspections shall be conducted in the following areas: all authorized permanent and temporary impact areas; all avoided surface waters, including wetlands, stream channels, and open water; surface water areas within 50 feet of any land disturbing activity; and all on -site areas designated for permanent preservation. The Monthly VWP Permit Inspection Checklist (Attachment 1) shall be completed in its entirety for each monthly inspection and shall be kept on -site and made available for review by DEQ staff upon request during normal business hours. 3. The VWP Permit Construction Status Update Form (Attachment 2) enclosed with this permit shall be completed in June and December of every year, and submitted and received by DEQ by January 10 and July 10 of every year, for the duration of this permit. The VWP Permit Construction Status Update Form (Attachment 2) shall include reference to the VWP permit authorization number and one of the following statements for each authorized surface water impact location: a. Construction activities not yet started; b. Construction activities started; c. Construction activities started but are currently inactive, or; d. Construction activities complete. 4. The permittee shall notify DEQ within 24 hours of discovering impacts to surface waters including wetlands, stream channels, and open water that are not authorized by this permit. The notification shall include photographs, estimated acreage and/or linear footage of impacts, and a description of the impacts. 5. The permittee shall submit written notification of completion within 30 calendar days after the completion of all activities in all permitted impact areas authorized under this permit. H. Compensatory Mitigation 1. The permittee shall compensation for permanent impacts associated with Phases I and 11 of the project in accordance with the following: a. Phase I (includes Impact Numbers 1, 2, 4, 5) VWP Individual Permit No. 16-1133 Part I Page 7 of 7 i. Compensation for 1191 linear feet of stream channel impacts shall be provided through the purchase of 1034 stream credits. ii. Compensation for 0.04 acre of PFO impacts and 0.01 acre PEM impacts shall be provided through 0.09 wetland credits. b. Phase II (includes Impact Numbers 6, 7, 7A, 8, 8A, 813, 9, 9A, 913, 9C, 9D 10, 11, 11A, 12, 13, 14, 14A) i. Compensation for 525 linear feet of stream channel impacts shall be provided through the purchase of 626 stream credits. ii. Compensation for 0.05 acre of PFO impacts and 0.10 acre of PEM impacts shall be provided through the purchase of 0.20 wetland credits. c. Stream and wetland credits required under this condition shall be purchased from a DEQ approved mitigation bank, in -lieu fee fund, or a combination thereof that is authorized and approved by DEQ to sell credits in the area in which the impacts will occur and has credits available (as released by DEQ). Compensatory mitigation credits shall be purchased according to the priorities presented in 9VAC25-210-116.C.2. The credit sale shall be in accordance with the approved Mitigation Banking Instrument for the mitigation bank. 2. This permit authorizes the compensation requirement be met in phases in accordance with Part I.H.1. The permittee shall provide compensation sufficient to mitigate authorized surface water impacts associated with each respective phase prior to initiating construction activities in those surface water impacts. The phased compensation requirement is considered met for the purpose of this condition when the permittee submits the information required by Part I.H.3. 3. The permittee shall submit documentation to DEQ prior to initiating work in permitted impact areas associated with each phase of the project identified in Part I.H.1 that wetland credits and stream credits were acquired and debited from the ledger of a DEQ approved mitigation bank, in - lieu fee fund, or a combination thereof, sufficient to compensate for authorized impacts associated with that phase of the project. Compensation information shall also be provided as noted in the V WP Permit Construction Status Update Form (Attachment 2) enclosed with this permit. VWP Individual Permit No. 16-1133 Part II Page 1 of 7 Part 11— 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. Nothing in this VWP permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. 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 Actions A VWP permit may be modified in whole or in part, revoked and reissued, extended, transferred, or terminated in accordance with 9 VAC 25-210-180. 1. During the drafting and authorization of a permit modification, only those conditions to be modified shall be addressed with preparing a draft modified permit. VWP permit terms and conditions of the existing permit shall remain in full force and effect during the modification of the permit. 2. This VWP permit may be modified upon the request of the permittee or upon board initiative when any of the following developments occur: a. When new information becomes available about the projector activity covered by the VWP permit, including project additions or alterations, that 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; b. When a change is made in the promulgated standards or regulations on which the VWP permit was based; VWP Individual Permit No. 16-1133 Part II Page 2 of 7 c. When changes occur that are subject to "reopener clauses" in the VWP permit; or d. When developments applicable to surface water withdrawals as specified in 9VAC25-210- 380 occur. 3. When this VWP permit authorizes surface water withdrawals, it may be modified when any of the following developments occur: a. When the board determines that minimum instream flow levels resulting directly from the permittee's withdrawal of surface water are detrimental to the instream beneficial use, existing at the time of permit issuance, and the withdrawal of surface 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 tern of the VWP permit. b. Significant changes to the location of the surface water withdrawal system are proposed such that the Department of Environmental Quality determines a new review is warranted due to the potential effect of the surface water withdrawal to existing beneficial uses of the new location. c. Changes to the permitted project or the surface water withdrawal, including increasing the storage capacity for the surface water withdrawal, that propose an increase in the maximum permitted withdrawal volumes or rate of withdrawal or that cause more than a minimal change to the instream flow requirements with potential to result in a detrimental effect to existing beneficial uses. d. A revision to the purpose of the surface water withdrawal that proposes to include a new use or uses that were not identified in the permit application or a modification of the existing authorized use or uses such that the use description in the permit application and permit is no longer applicable. Examples of uses include, but are not limited to agricultural irrigation, golf course irrigation, public water supply, manufacturing, and electricity generation. 4. When the permittee has submitted a timely and complete application for reissuance of an existing VWP individual permit, but through no fault of the permittee, the board does not reissue or reissue with conditions a VWP individual permit or the board does not provide notice of its tentative decision to deny the application before an existing VWP individual permit expires, the conditions of the expiring VWP individual permit shall be administratively continued in full force and effect until the effective date of a reissued permit or the date on which the board denies the application. Timely application shall be a minimum of 180 days for an individual permit or a minimum of 270 days for an individual permit for a surface water withdrawal, unless otherwise specified in the existing permit. 5. Any permittee desiring to continue a previously permitted activity after the expiration date of this VWP permit shall apply for and obtain a new permit or, if applicable, shall request an extension in accordance with 9VAC25-210-180. 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 VWP Individual Permit No. 16-1133 Part II Page 3 of 7 activity authorized by the VWP permit other than as may be allowed under 9VAC25-210-180, shall submit written notification requesting an extension. The permittee must file the request 90 days prior to the expiration date of the VWP permit. VWP permit modifications shall not be used to extend the term of a VWP permit beyond 15 years from the date of original issuance. When a permit term, other than that of an Emergency Virginia Water Protection Permit, is less than 15 years, an extension of the permit terms and conditions may be granted in accordance with 9VAC25-210-180. Emergency Virginia Water Protection Permits shall not exceed a duration of one year or shall expire upon the issuance of a regular Virginia Water Protection Permit, whichever comes first. 6. 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 the current permittee: a) Notifies the board of the proposed transfer of the permit and provides a written agreement between the current and proposed permittees containing the date of transfer of VWP permit responsibility, authorization, and liability to the new permittee; and b) the board does not within 15 days notify the existing permittee of its intent to modify the VWP permit. 7. After notice and opportunity for a formal hearing pursuant to § 62.1-44.15:02 of the Code of Virginia, a VWP permit can be terminated for cause. Reasons for termination for cause are as follows: a. Noncompliance by the permittee with any condition of the VWP permit; b. The permittee's failure in the application or during the VWP permit process to disclose My all relevant facts or the permittee's misrepresentation of any relevant facts at any time; c. The permittee's violation of a special or judicial order; d. 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; e. A change in any condition that requires either a temporary or permanent reduction or elimination of any activity controlled by the VWP permit; and f A determination that the permitted activity has ceased and that the compensation for unavoidable adverse impacts has been successfully completed. 8. The board may terminate this permit without cause when the permittee is no longer a legal entity due to death, dissolution, or when a company is no longer authorized to conduct business in the Commonwealth. The termination shall be effective 30 days after notice of the proposed termination is sent to the last known address of the permittee or registered agent, unless the permittee objects within that time. If the permittee does object during that period, the board shall VWP Individual Permit No. 16-1133 Part II Page 4 of 7 follow the applicable procedures for termination under § 62.1-44.15:25 of the Code of Virginia and 9VAC25-230. 9. This VWP permit may be terminated by consent, as initiated by the permittee. The permittee shall submit a request for termination by consent within 30 days of completing or canceling all permitted activities and all required compensatory mitigation requirements. When submitted for project completion, the request for termination by consent shall constitute a notice of project completion. The director may accept this termination on behalf of the board. The permittee shall submit the following information: a. Name, mailing address, and telephone number; b. Name and location of the activity; c. The VWP permit number; and d. One of the following certifications: For project completion: "I certify under penalty of law that all activities and any required compensatory mitigation authorized by a VWP permit have been completed. I understand that by submitting this notice of termination that I am no longer authorized to perform activities in surface waters in accordance with the VWP permit, and that performing activities in surface waters is unlawful where the activity is not authorized by a VWP permit, unless otherwise excluded from obtaining a permit. I also understand that the submittal of this notice does not release me from liability for any violations of this VWP permit." ii. For project cancellation: "I certify under penalty of law that the activities and any required compensatory mitigation authorized by this VWP permit will not occur. I understand that by submitting this notice of termination that I am no longer authorized to perform activities in surface waters in accordance with the VWP permit, and that performing activities in surface waters is unlawful where the activity is not authorized by a VWP permit, unless otherwise excluded from obtaining a permit. I also understand that the submittal of this notice does not release me from liability for any violations of this VWP permit, nor does it allow me to resume the permitted activities without reapplication and issuance of another permit." iii. For events beyond permittee control, the permittee shall provide a detailed explanation of the events, to be approved by DEQ, and the following certification statement: "I certify under penalty of law that the activities or the required compensatory mitigation authorized by this VWP permit have changed as the result of events beyond my control (see attached). I understand that by submitting this notice of termination that I am no longer authorized to perform activities in surface waters in accordance with the VWP permit, and that performing activities in VWP Individual Permit No. 16-1133 Part II Page 5 of 7 surface waters is unlawful where the activity is not authorized by a VWP permit, unless otherwise excluded from obtaining a permit. I also understand that the submittal of this notice does not release me from liability for any violations of this VWP permit, nor does it allow me to resume the permitted activities without reapplication and issuance of another permit. E. Inspection and Entry Upon presentation of credentials, the permittee shall allow the board or any duly authorized agent of the board, at reasonable times and under reasonable circumstances, to conduct the actions listed in this section. For the purpose of this section, the time for inspection shall be deemed reasonable during regular business hours. Nothing contained herein shall make an inspection time unreasonable during an emergency. 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 VWP permit conditions; 2. Inspect any facilities, operations or practices (including monitoring and control equipment) regulated or required under the VWP 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 The board may request (i) such plans, specifications, and other pertinent information as may be necessary to determine the effect of an applicant's discharge on the quality of state waters or (ii) such other information as may be necessary to accomplish the purposes of this chapter. Any owner, permittee, or person applying for a VWP permit or general permit coverage shall provide the information requested by the board. G. Monitoring and Records Requirements 1. Monitoring of parameters, other than pollutants, shall be conducted according to approved analytical methods as specified in the VWP 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 VWP Individual Permit No. 16-1133 Part II Page 6 of 7 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; 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. 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. 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 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. J. Compliance with State and Federal Law As to the permitted activity(ies), compliance with a VWP permit constitutes compliance with the VWP permit requirements of the Law and regulations. K Severability The provisions of this VWP permit are severable. VWP Individual Permit No. 16-1133 Part II Page 7 of 7 L. Civil and Criminal Liability Nothing in this VWP permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. M. 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. N. Unauthorized Discharge of Pollutants Except in compliance with a VWP permit, unless the activity is otherwise exempted or excluded, no person shall dredge, fill, or discharge any pollutant into, or adjacent to surface waters; withdraw surface water; otherwise alter the physical, chemical, or biological properties of state waters regulated under this chapter and make them detrimental to the public health, to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, for recreation, or for other uses; excavate in wetlands; or on or after October 1, 2001, conduct the following activities in a wetland: New activities to cause draining that significantly alters or degrades existing wetland acreage or functions; 2. Filling or dumping; 3. Permanent flooding or impounding; 4. New activities that cause significant alteration or degradation of existing wetland acreage or functions. VIR61�P:\I✓ NT OI' FdN\'IaON)IRNIiLL QrALITv Attachment 1: MONTHLY VWP PERMIT INSPECTION CHECKLIST An inspection of all permitted impact areas, avoided waters and wetlands, and permanently preserved waters, wetlands and upland areas must be conducted at least once every month during active construction activities. Maintain this record on -site and available for inspection by DEQ staff. Project Name Brookhill VWP Permit # 16-1133 Inspection Date Inspector Name & Phone # & Email Affiliation Address Based on reading of VWP permit No. 16-1133 including authorized impacts map entitled "Wetlands and Waters of the U.S. Impact Map -Sheets 1 of 4" (4 pages), dated July 6, 2016 with the latest revision date of January 14, 2021 and received January 19, 2021, and my inspection on the date referenced above, to the best of my knowledge this project (_is in compliance / _ is not in compliance) with the VWP Permit. I certify that the information contained in this report 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. Signature of Inspector Date Notes & Corrective Action Taken / Date REVIEWED DURING SITE INSPECTION Yes No N/A Completed (use back of page if necessary) Unauthorized impacts to surface waters, including wetlands, or upland preservation areas have occurred.* ❑ ❑ (This includes sedimentation impacts due to inadequate or ailed erosion controls) Non -impacted wetlands, streams and preservations areas within 50 feet of construction are clearly marked to ❑ ❑ ❑ prevent un ermitted impacts. Temporary impacts are being restored to original contours, stabilized, and allowed to re-establish with ❑ ❑ ❑ wetland vegetation. Construction activities are not substantially disrupting ❑ El ❑ vatic life movement. E&S controls are present, properly maintained, and ❑ ❑ ❑ functioning. In -stream work is being performed in the dry with the appropriate use of cofferdams, sheetpiling, etc., to ❑ ❑ ❑ minimize stream bottom disturbance and turbidity. Pipes and/or culverts for road crossings are countersunk to provide for the re-establishment of low flow fish ❑ ❑ ❑ passage and/or a natural stream bottom. Time -of -year restrictions regarding impacts to surface ❑ ❑ ❑ waters are beingadhered to. Water quality monitoring is being conducted during ❑ El ❑ stream impacts. Streams and wetlands are free from any sheen or discoloration that may indicate a spill of oil, lubricants, ❑ ❑ ❑ concrete or other pollutants. ** Heavy equipment is placed on mats or geotextile fabric ❑ ❑ ❑ when working in wetlands. Exposed slopes/stream banks are stabilized immediately ❑ ❑ ❑ upon completion of work in each impact area. * If unauthorized impacts have occurred, you must email or fax a copy of this report to DEQ within 24 hours of discovery. Email: vwp.mo@deq.virginia.gov Fax:703-583-3821 ** Any fish kills, or spills of fuels or oils must be reported immediately upon discovery to DEQ at 804-527-5020. If outside of normal business hours, contact Virginia Dept. of Emergency Management at 1-800-468-8892 or the National Response Center at 1-800-424-8802. Notes 0 RODEO Attachment 2: VWP PERMIT CONSTRUCTION STATUS UPDATE FORM VIRGIN" DEPARTMENT OF ENVIRONMENTAL QUALM (2 Pages) Attached to Permit No. 16-1133 March 26, 2021 -Minor Modification Date (check one): ❑ June_, / ❑ December. VWP Permit No: 16-1133 / Project Name: Brookbill Status within each authorized surface water impact location, as identified on "Wetlands and Waters of the U.S. Impact Map -Sheets 1 of 4" (4 pages), dated July 6, 2016 with the latest revision date of January 14, 2021 and received January 19, 2021: (check one of the following status options for each impact number/location. Attach additional sheet(s) if needed.) Construction Construction Construction Construction activities activities not activities started but activities Impact number started started currently not active complete Phase I 1 2 4 5 Date completed Phase Compensation stream channel impacts provided through the purchase of 1034 stream credits. Compensation for PFO impacts and PEM impacts provided through 0.09 wetland credits. Impact number Construction activities started Construction activities not started Construction activities started but currently not active Construction activities complete Phase II 6 7 7A 8 V WP Permit No. 16-1133 8A 8B 9 9A 9B 9C 9D 10 11 11A 12 13 14 14A Date completed Phase II Compensation for stream channel impacts provided through the purchase of 626 stream credits. Compensation for PFO impacts and PEM impacts provided through the purchase of 0.20 wetland credits. 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 violation. Authorized Signature: Print Name: Title: Date: Email: Phone: