Presentation given by Chistoph Quasney of Virginia DEQ on May 29, 2019.

1. VWPP – Agricultural/Silvicultural
Trisha M. Beasley
NRO- Virginia Water Protection Program Manager
trisha.beasley@deq.virginia.gov
571-359-2545
Christoph Quasney
NRO – Virginia Water Protection Program Permit Writer/Compliance
Inspector
Christoph.Quasney@deq.virginia.gov
703-583-3826

2. Purpose of the VWPP Program
 “No net loss” of wetland acreage
 “No net loss” of surface water functions
 Protect in-stream flows
 Protect beneficial uses of state waters

3. Overview of VWP Permit
Program
Legal Authority
 Section 401 of the Clean Water Act
 State Water Control Law: Sections 62.1-
44.15 and 62.1-44.15:20 of the Code of
Virginia
 Regulations: 9VAC 25-210, 9VAC 25-660,
9VAC 25-670, 9VAC 25-680, 9VAC 25-690

4. What is regulated?
 Fill of a surface water
 Dredge or excavate in a surface water
 Withdraw from a surface water
 Draining wetlands
 Permanently flood or impound a wetland
 Otherwise alter the physical, chemical or
biological properties and make them detrimental
to the public health, or to animal or aquatic life,
or to the uses of such waters for domestic or
industrial consumption, or for recreation, or for
other uses.

5. What is a Surface Water?
All state waters that are not groundwater:
• Wetlands
• Rivers/Streams
• Lakes and Ponds

6. Are these Wetlands?
The Obvious

7. Are these Wetlands?
 Vegetation
 Soil
 Hydrology

8. Open Waters

9. Is this a stream?
The Obvious

10. Is this a stream?

12. VWPP Exclusions
 Farm/ Stock Impoundments (9VAC25-210-
60.10)
 Irrigation Ditches (9VAC25-210-60.10)
 Agricultural Water Withdrawals (9VAC25-210-
310.A.4)
 Normal Agricultural and Silviculture Activities
(9VAC25-210-60.8)
 Agricultural and Forest Roads (9VAC25-210-
60.11)

13. VWPP –
Agricultural/Silvicultural
 Farm or Stock Ponds or Impoundments
• less than 25 feet in height or create a maximum
impoundment capacity smaller than 100 acre-
feet
 Irrigation ditches
• Does not include construction of new ditches or
to the channelization of streams.
 Agricultural surface water withdrawals
• Non-tidal - 1 million Gallons/month
• Tidal - 60 million gallons/month

14. VWPP –
Agricultural/Silvicultural
 Normal agriculture and silviculture activities for the
production of food, fiber, and forest products
• Plowing -physical means used to prepare soil
• Seeding- sowing of seed and placement of seedlings
• Cultivating-soil treatment to aid and improve their
growth, quality, or yield
• Minor drainage- several activities – does not include
activities to convert to a non-wetland
• Harvesting-physical measures to bring about their
removal from farm or forest crop

15. VWPP –
Agricultural/Silvicultural
 Part of an established agriculture or silviculture operation
• Best management practices
• Fallow as part of a conventional, rotational cycle are part
of an established operation.
o Not – an area that has been converted to another use
o Not - idle so long that modifications to the hydrological regime are
necessary to resume operation.
 Does not include bringing new area into agricultural or
silvicultural use.

16. VWPP -Roads
 Farm roads, forest roads, or temporary roads for
moving mining equipment
• Best Management Practices
• Flow and circulation patterns and chemical and
biological characteristics of surface waters are not
impaired
• Reach of such waters is not reduced
• Minimize any adverse effect on the aquatic environment

17. VWPP -Roads
• The BMPs which must be applied to satisfy this provision include the
following baseline provisions:
• Minimize the following:
• The number, width and length of permanent roads and temporary access roads
in surface waters consistent with the purpose of the operations, and local
topographic and climatic conditions.
• Discharge of fill from roads near not within surface waters
• Disturbance to vegetation in surface waters from construction
• Encroachment of heavy equipment within state waters that lie outside the lateral
boundaries of the fill itself
• Bridges, pipes, culverts be designed to prevent the restriction of
expected flood flows
• Stabilized and maintained to prevent erosion during and following
construction

18. VWPP -Roads
• Shall not disrupt the migration/movement of aquatic life
• Borrow material shall be taken from upland sources whenever
feasible
• No taking of Threatened and Endangered Species and Avoid
nesting/breeding areas for migratory waterfowl, spawning
areas
• Not be located in proximity of a public water supply or intake
• Not occur in areas of concentrated shellfish production
• Not occur in a component to the National Wild and Scenic
River System
• Fill free from toxic pollutants in toxic concentrations
• Temporary fills shall be removed in their entirety and the area
restored to its original elevation

19. Preservation

20. VWPP –Land Application of
Soils
• VWPP Limited only the Surface Water
Impact area
• Not directly addressed in our regulation
• Evaluated under the VWPP Regulatory
Framework
• Not aware of a scenario that has qualified for
VWPP Exclusion

22. Questions?