Public Notices

Program and Regulatory

Regulatory Subject Matter  Copy of Notice (PDF) Public Comment Period Contact Description
Virginia Aquatic Resources Trust Fund revised Program Instrument See links in Description Section April 15, 2019 - May 15, 2019 David L. Davis 
vwppublicnotices@deq.virginia.gov
Pursuant to Section § 62.1-44.15:20-23 of the Code of Virginia and 9 VAC 25-210-116D, the State Water Control Board (the “Board”) is giving notice of its intent to reauthorize the Virginia Aquatic Resources Trust Fund (“VARTF”), one of several forms of compensatory mitigation for permitted impacts to state waters including streams and wetlands, to use the revised program instrument (“Instrument”).  Please see the Notice of Intent and VARTF Program documents on this page, and provide any public comment for a 30-day period starting April 15, 2019.

-VARTF 2018 Instrument
-VARTF Instrument Exhibit A Compensation Planning Framework
-VARTF Instrument Exhibit B Advance Credit Limits
-VARTF Instrument Exhibit C Advanced Credit Fee Schedule
-VARTF Instrument Exhibit D SDP Template
-VARTF Instrument Exhibit E Credit Availability and Sale
-DEQ SWCB Notice of Intent to Reauthorize VARTF
-2018 VARTF Annual Report
USACE Federal Public Notice Request for Virginia Aquatic Resources Trust Fund to amend and restate its existing In-Lieu Fee Program Instrument (NAO-1995-08595) Public Notice November 6, 2018 to December 6, 2018 See USACE Federal Public Notice The U.S. Army Corps of Engineers (USACE) Norfolk District has issued a Federal Public Notice (NAO-1995-08595) for a request from the Sponsor of the Virginia Aquatic Resources Trust Fund (VARTF) to amend, revise, and restate its existing In-Lieu Fee (ILF) Program Instrument.  The VARTF ILF Program may be one of a number of practicable options available to applicants to compensate for unavoidable wetland and stream impacts associated with permits issued under the authority of Section 10 of the Rivers and Harbors Act, Section 404 and 401 of the Clean Water Act (Public Law 95-217), and Title 62.1 of the Code of Virginia.  The USACE is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate this Draft ILF Program Instrument.  Please see the USACE Federal Public Notice website (link provided), for full public notice information and to submit comments.
 

 

 

Virginia Water Protection (VWP) Permits

comment Period  regional Office  contact  Location  Facility  Project Description
March 31, 2019 to April 30, 2019 Piedmont Regional Office Bryan Jones Chesterfield County Waterford Waterpark

Waterford Park, LLC has applied for a new permit for the Waterford Waterpark project. The project site is located southwest of the Route 288 and Powhite Parkway (Route 76) interchange, north of Genito Road (Route 604), and bisected by Genito Place in Chesterfield County, Virginia. The project consists of the construction of a mixed-use active entertainment and residential community, which includes the construction of a recreational waterpark facility, 250,000 square feet of commercial building space, a multi-level parking deck, a hotel, 292 townhouse units, 400 multi-family units, roadways, utility infrastructure, and stormwater management facilities. The proposed activity will result in permanent impacts to no more than 4.39 acres of palustrine forested wetland, 0.51 acre of isolated palustrine forested wetland, 75 linear feet of stream bed, and 938 linear feet of jurisdictional ditch.  Permitted impacts shall be taken as illustrated on the drawing entitled “Overall Wetland Impacts, Jurisdictional Waters of the U.S. Delineation Map, Chesterfield County, Virginia,” dated December 17, 2018, drawn by Rummel, Klepper & Kahl, LLP, and received electronically on December 19, 2018 from Rummel, Klepper & Kahl, LLP. The activity proposed in the permit will affect wetlands that drain to Nuttree Branch and Falling Creek in the James River watershed. A watershed is the land area drained by a river and its incoming streams. The applicant will provide compensation for permanent impacts to wetlands and streams authorized by this permit through the purchase of 9.80 wetland mitigation bank credits or Virginia Aquatic Resource Trust Fund wetland credits and 75 USM stream mitigation bank credits or Virginia Aquatic Resource Trust Fund stream credits from a mitigation bank in the same or adjacent watershed. The DEQ’s preliminary decision is to issue the permit.

17-0953 Public Notice

March 21, 2019 to April 19, 2019 Southwest Regional Office David Nishida Buchanan County U. S. 460/121 - Poplar Creek Phase A Project

Bizzack Construction, LLC has applied for a new permit for the U.S. 460/121 – Poplar Creek Phase A Project which involves the construction of 2.8 miles of two-lane rural principal arterial highway on new alignment that extends from the east end of U.S. 460/121 Hawks Nest Section near Route 614 to State Route 604.  The permit will allow the applicant to fill surface waters including stream and wetlands. The proposed activity would affect 0.991 acres of surface waters, consisting of 0.743 acres (4,310 linear feet) of permanent stream impacts and 0.028 acre (610 linear feet) of temporary stream impacts, and 0.22 acres of temporary wetland impacts.  The activity proposed in the permit will affect Poplar Creek, unnamed tributaries to Poplar Creek, Joe Branch, Belcher Branch, Convict Hollow and unnamed tributaries to Convict Hollow in the Big Sandy River watershed. A watershed is the land area drained by a river and its incoming streams. To compensate for the affected area, the applicant proposes to reestablish the temporarily impacted stream channels upon completion of construction, and perform stream restoration, enhancement, and preservation activities on Jake’s Fork, unnamed tributaries to Jake’s Fork, Hurricane Creek, and an unnamed tributary to Hurricane Creek.  DEQ’s preliminary decision is to issue the permit.

17-1302 Public Notice

Public notices for Virginia Water Protection (VWP) permits involving surface water withdrawals can be found on the Water Withdrawal Permits Public Notices page.

Additional Resources

DEQ Public Notice Home Page

Virginia Regulatory Town Hall

Public Calendar

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Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000


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