Agencies | Governor
Virginia Regulatory Town Hall

Final Text

highlight

Action:
Triennial Review - EFFECTIVE DATE SET- SEE GENERAL NOTICE ...
Stage: Final
 
9VAC25-260-10

9VAC25-260-10. Designation of uses.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I. The board may not remove designated uses if:

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

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

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

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

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

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

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

Statutory Authority

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

Historical Notes

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

9VAC25-260-20

9VAC25-260-20. General criteria.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b. A discharger provides an acceptable demonstration of:

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

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

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

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

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

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

Statutory Authority

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

Historical Notes

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

9VAC25-260-30

9VAC25-260-30. Antidegradation policy.

A. All surface waters of the Commonwealth shall be provided one of the following three levels, or tiers, of antidegradation protection. This antidegradation policy shall be applied whenever any activity is proposed that has the potential to affect existing surface water quality.

1. As a minimum, existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.

2. Where the quality of the waters exceed water quality standards, that quality shall be maintained and protected unless the board finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the Commonwealth's continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such degradation or lower water quality, the board shall assure water quality adequate to protect existing uses fully. Further, the board shall assure that there shall be achieved the highest statutory and regulatory requirements applicable to all new or existing point source discharges of effluent and all cost-effective and reasonable best management practices for nonpoint source control.

3. Surface waters, or portions of these, which provide exceptional environmental settings and exceptional aquatic communities or exceptional recreational opportunities may be designated and protected as described in subdivisions 3 a, b and c of this subsection.

a. Designation procedures.

(1) Designations shall be adopted in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and the board's public participation guidelines.

(2) Upon receiving a nomination of a waterway or segment of a waterway for designation as an exceptional state water pursuant to the board's antidegradation policy, as required by 40 CFR 131.12, the board shall notify each locality in which the waterway or segment lies and shall make a good faith effort to provide notice to impacted riparian property owners. The written notice shall include, at a minimum: (i) a description of the location of the waterway or segment; (ii) the procedures and criteria for designation as well as the impact of the designation; (iii) the name of the person making the nomination; and (iv) the name of a contact person at the Department of Environmental Quality who is knowledgeable about the nomination and the waterway or segment. Notice to property owners shall be based on names and addresses taken from local tax rolls. Such names and addresses shall be provided by the Commissioners of the Revenue or the tax assessor's office of the affected jurisdiction upon request by the board. After receipt of the notice of the nomination, localities shall be provided 60 days to comment on the consistency of the nomination with the locality's comprehensive plan. The comment period established by subdivision 3 a (2) of this subsection shall in no way impact a locality's ability to comment during any additional comment periods established by the board.

b. Implementation procedures.

(1) The quality of waters designated in subdivision 3 c of this subsection shall be maintained and protected to prevent permanent or long-term degradation or impairment.

(2) No new, additional, or increased discharge of sewage, industrial wastes or other pollution into waters designated in subdivision 3 c of this subsection shall be allowed.

(3) Activities causing temporary sources of pollution may be allowed in waters designated in subdivision 3 c of this subsection even if degradation may be expected to temporarily occur provided that after a minimal period of time the waters are returned or restored to conditions equal to or better than those existing just prior to the temporary source of pollution.

c. Surface waters designated under this subdivision are as follows:

(1) Little Stony Creek in Giles County from the first footbridge above the Cascades picnic area, upstream to the 3,300-foot elevation.

(2) Bottom Creek in Montgomery County and Roanoke County from Route 669 (Patterson Drive) downstream to the last property boundary of the Nature Conservancy on the southern side of the creek.

(3) Lake Drummond, located on U.S. Fish and Wildlife Service property, is nominated in its entirety within the cities of Chesapeake and Suffolk excluding any ditches and/or tributaries.

(4) North Creek in Botetourt County from the first bridge above the United States Forest Service North Creek Camping Area to its headwaters.

(5) Brown Mountain Creek, located on U.S. Forest Service land in Amherst County, from the City of Lynchburg property boundary upstream to the first crossing with the national forest property boundary.

(6) Laurel Fork, located on U.S. Forest Service land in Highland County, from the national forest property boundary below Route 642 downstream to the Virginia/West Virginia state line.

(7) North Fork of the Buffalo River, located on U.S. Forest Service land in Amherst County, from its confluence with Rocky Branch upstream to its headwaters.

(8) Pedlar River, located on U.S. Forest Service land in Amherst County, from where the river crosses FR 39 upstream to the first crossing with the national forest property boundary.

(9) Ramseys Draft, located on U.S. Forest Service land in Augusta County, from its headwaters (which includes Right and Left Prong Ramseys Draft) downstream to the Wilderness Area boundary.

(10) Whitetop Laurel Creek, located on U.S. Forest Service land in Washington County, from the national forest boundary immediately upstream from the second railroad trestle crossing the creek above Taylors Valley upstream to the confluence of Green Cove Creek.

(11) Ragged Island Creek in Isle of Wight County from its confluence with the James River at a line drawn across the creek mouth at N36°56.306'/W76°29.136' to N36°55.469'/W76°29.802' upstream to a line drawn across the main stem of the creek at N36°57.094'/W76°30.473' to N36°57.113'/W76°30.434', excluding wetlands and impounded areas and including only those tributaries completely contained within the Ragged Island Creek Wildlife Management Area on the northeastern side of the creek.

(12) Big Run in Rockingham County from its headwaters downstream to the first crossing with the Shenandoah National Park boundary and all tributaries to this segment of Big Run within the confines of Shenandoah National Park.

(13) Doyles River in Albemarle County from its headwaters to the first crossing with the Shenandoah National Park boundary and Jones Falls Run from its headwaters to its confluence with Doyles River and all tributaries to these segments of Doyles River and Jones Fall Run within the confines of Shenandoah National Park.

(14) East Hawksbill Creek in Page County from its headwaters downstream to the first crossing with the Shenandoah National Park boundary and all tributaries to this segment of East Hawksbill Creek within the confines of Shenandoah National Park.

(15) Jeremys Run in Page County from its headwaters downstream to the first crossing with the Shenandoah National Park boundary and all tributaries to this segment of Jeremys Run within the confines of Shenandoah National Park.

(16) East Branch Naked Creek in Page County from its headwaters downstream to the first crossing with the Shenandoah National Park boundary and all tributaries to this segment of East Branch Naked Creek within the confines of Shenandoah National Park.

(17) Piney River in Rappahannock County from its headwaters downstream to the first crossing with the Shenandoah National Park boundary and all tributaries to this segment of the Piney River within the confines of Shenandoah National Park.

(18) North Fork Thornton River in Rappahannock County from its headwaters downstream to the first crossing with the Shenandoah National Park boundary and all tributaries to this segment of the North Fork Thornton River within the confines of Shenandoah National Park.

(19) Blue Suck Branch from its headwaters downstream to the first crossing with the George Washington National Forest boundary.

(20) Downy Branch from its headwaters downstream to the first crossing with the George Washington National Forest boundary.

(21) North Branch Simpson Creek (Brushy Run) from its headwaters downstream to its confluence with Simpson Creek.

(22) Roberts Creek from its confluence with the Pedlar River upstream to its first crossing with the National Forest boundary.

(23) Shady Mountain Creek from its headwaters downstream to its confluence with the Pedlar River.

(24) Cove Creek from its headwaters downstream to the National Forest boundary.

(25) Little Cove Creek and its tributaries from the headwaters downstream to the National Forest boundary.

(26) Rocky Branch from its headwaters downstream to its confluence with the North Fork of the Buffalo River.

(27) North Fork of the Buffalo River from its confluence with Rocky Branch downstream to the National Forest Boundary.

(28) The Hazel River in Rappahannock County from its headwaters to the first downstream crossing with the Shenandoah National Park boundary and all tributaries within this segment within the confines of Shenandoah National Park.

(29) Little Stony Creek in Scott County from Bark Camp Lake dam to its confluence with Bakers Branch.

(30) North River in Augusta County from the Staunton Reservoir dam to the first crossing with National Forest lands boundary (near Girl Scout Camp May Flather).

B. Any determinations concerning thermal discharge limitations made under § 316(a) of the Clean Water Act will be considered to be in compliance with the antidegradation policy.

Statutory Authority

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

Historical Notes

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

9VAC25-260-50

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

CLASS***** CLASS ]

DESCRIPTION OF WATERS

DISSOLVED OXYGEN (mg/l)****

pH

Max. Temp.
(°C)

Min.

Daily Avg.

I

Open Ocean

5.0

‑‑

6.0-9.0

‑‑

II

Estuarine Waters (Tidal Water-Coastal Zone to Fall Line)

4.0

5.0

6.0-9.0

‑‑

III

Nontidal Waters (Coastal and Piedmont Zones)

4.0

5.0

6.0-9.0

32

IV

Mountainous Zones Waters

4.0

5.0

6.0-9.0

31

V

Stockable Trout Waters

5.0

6.0

6.0-9.0

21

VI

Natural Trout Waters

6.0

7.0

6.0-9.0

20

VII

Swamp Waters

*

*

4.3-9.0* 3.7-8.0*

**

*This classification recognizes that the natural quality of these waters may fall fluctuate outside of the ranges values for D.O. and pH set forth above as water quality criteria; therefore, on a case-by-case basis, in Class I through VI waters. The natural quality of these waters is the water quality found or expected in the absence of human-induced pollution. Water quality standards will not be considered violated when conditions are determined by the board to be natural and not due to human-induced sources. The board may develop site specific criteria for specific Class VII waters can be developed that reflect the natural quality of the waterbody when the evidence is sufficient to demonstrate that the site specific criteria rather than narrative criterion will fully protect aquatic life uses. Virginia Pollutant Discharge Elimination System limitations in Class VII waters shall meet pH of 6.0 - 9.0 not cause significant changes to the naturally occurring dissolved oxygen and pH fluctuations in these waters.

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

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

****See 9VAC25-260-55 for implementation of these criteria in waters naturally low in dissolved oxygen.

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

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-01.5, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 17, Issue 16 and Volume 18, Issue 17, eff. June 5, 2002; Volume 20, Issue 9, eff. February 12, 2004; Volume 21, Issue 23, eff. June 24, 2005; Volume 23, Issue 26, eff. August 14, 2007; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-55

9VAC25-260-55. Implementation procedure for dissolved oxygen criteria in waters naturally low in dissolved oxygen. (Repealed.)

A. The board shall implement this procedure when assessing dissolved oxygen data in preparation of Clean Water Act §§ 305(b) and 303(d) reports in accordance with § 62.1-44.19:5 of the Water Quality Monitoring Information and Restoration Act. The board recognizes that dissolved oxygen concentrations may seasonally fall below the criteria established in 9VAC25-260-50 due to nonanthropogenic sources and physical and chemical processes resulting from:

1. Density stratification and depth in Class II waters that prevent mixing and reaeration of the deep waters;

2. Temperature stratification and depth in lakes and reservoirs in Class III, IV, V and VI waters that prevent mixing and reaeration of the deep waters; or

3. Minimal flow velocity and decomposition of vegetation that prevent mixing and reaeration of stagnant, shallow waters.

B. In preparation of the Clean Water Act §§ 305(b) and 303(d) reports, the board shall list waters as naturally impaired in accordance with § 62.1-44.19:5 C of the Code of Virginia when the board determines that the low dissolved oxygen concentrations result from nonanthropogenic sources and the physical and chemical processes described in subsection A of this section. The board shall make this determination based upon an evaluation of aquatic life, habitat (including anadromous fish spawning areas), monitoring data, computer modeling results or other accepted scientific principles. The board shall also conduct a watershed assessment to document anthropogenic sources that individually or cumulatively cause low dissolved oxygen concentrations including locating and identifying all point and nonpoint sources of pollution and identifying any man-made activities (such as water withdrawals) that cause low flow conditions and result in low dissolved oxygen levels.

C. The proposed determinations in subsection B of this section shall be subject to public comment on draft § 303(d) reports.

D. The final determinations in subsection B of this section shall be made available to the public in final § 303(d) reports.

E. Following a determination made under subsection B of this section, the board shall initiate a rulemaking to set site-specific criteria that reflect the natural quality of that water body or segment.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 16 and Volume 18, Issue 17, eff. June 5, 2002; repealed, Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-90

9VAC25-260-90. Site-specific temperature requirements Thermal variances.

A. The temperature limits set forth in 9VAC25-260-50 through 9VAC25-260-80 may be superseded in certain locations by Site-Specific Temperature Criteria or in the case where a thermal variance demonstration is performed in accordance with § 316(a) of the Clean Water Act. The protocol for development of site-specific temperature requirements is found in subsection A of this section. Information regarding § 316(a) demonstrations is found in subsection B of this section.

B. Protocol for Developing Site-Specific Temperature Criteria. For any specified time of year there shall be two upper limiting temperatures for a location based on temperature requirements of important sensitive species found at the location at that time. These limiting temperatures are:

1. A maximum weekly average temperature that:

a. In the warmer months is determined by adding to the physiological optimum temperature (usually the optimum for growth) for the most sensitive important species (and appropriate life stage) that normally is found at that location and time; a factor calculated as one third of the difference between the ultimate upper incipient lethal temperature and the optimum temperature for that species;

b. In the cooler months is an elevated temperature that would still ensure that important species would survive if the temperature suddenly dropped to the normal ambient temperature;

c. During reproduction seasons meets specific site requirements for successful migration, spawning, egg incubation, fry rearing, and other reproductive functions of important species; and

d. At a specific site is found necessary to preserve normal species diversity or prevent undesirable growths of nuisance organisms.

2. A time-dependent maximum temperature for short exposures.

Baseline thermal conditions shall be measured at a site where there is no unnatural thermal addition from any source, which site is in reasonable proximity to the thermal discharge (within five miles), and which has similar hydrography to that of the receiving waters at the point of discharge.

Criteria development should be in accordance with Water Quality Criteria 1972: A Report of the Committee on Water Quality Criteria and Quality Criteria for Water, U.S. Environmental Protection Agency.

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

Statutory Authority

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

Historical Notes

Derived from VR680-21-01.9, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-140

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

A. Instream water quality conditions shall not be acutely2 acutely1 or chronically3 chronically2 toxic except as allowed in 9VAC25-260-20 B (mixing zones). The following are definitions of acute and chronic toxicity conditions:

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

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

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

When information has become available from the Environmental Protection Agency to calculate additional aquatic life or human health criteria not contained in the table, the board may employ these values in establishing effluent limitations or other limitations pursuant to 9VAC25-260-20 A necessary to protect designated uses until the board has completed the regulatory standards adoption process.

Table of Parameters 6, 7

PARAMETER
CAS Number

USE DESIGNATION

AQUATIC LIFE

HUMAN HEALTH

FRESHWATER

SALTWATER

Public Water Supply3

All Other Surface Waters4

Acute1

Chronic2

Acute1

Chronic2

Acenapthene (μg/l)
83329

 

 

 

 

1,200 670

2,700 990

Acrolein (μg/l)
107028

 

 

 

 

320 6.1

780 9.3

Acrylonitrile (μg/l)
107131

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

 

 

 

 

0.59 0.51

6.6 2.5

Aldrin (μg/l)
309002

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

3.0

 

1.3

 

0.0013 0.00049

0.0014 0.00050

Ammonia (μg/l)
766-41-7

Chronic criterion is a 30-day average concentration not to be exceeded more than once every three (3) years on the average.
(see 9VAC25-260-155)

 

 

 

 

 

 

Anthracene (μg/l)
120127

 

 

 

 

9,600 8,300

110,000 40,000

Antimony (μg/l)
7440360

 

 

 

 

14 5.6

4,300 640

Arsenic (μg/l)5
7440382

340

150

69

36

10

 

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

 

 

 

 

 

 

Barium (μg/l)
7440393

 

 

 

 

2,000

 

Benzene (μg/l)
71432

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

 

 

 

 

12 22

710 510

Benzidine (μg/l)
92875

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

 

 

 

 

0.0012 0.00086

0.0054 0.0020

Benzo (a) anthracene (μg/l)
56553

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

 

 

 

 

0.044 0.038

0.49 0.18

Benzo (b) fluoranthene (μg/l)
205992

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

 

 

 

 

0.044 0.038

0.49 0.18

Benzo (k) fluoranthene (μg/l)
207089

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

 

 

 

 

0.044 0.038

0.49 0.18

Benzo (a) pyrene (μg/l)
50328

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

 

 

 

 

0.044 0.038

0.49 0.18

Bis2-Chloroethyl Ether
111444

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

 

 

 

 

0.31 0.30

14 5.3

Bis2-Chloroisopropyl Ether (μg/l)
39638329 108601

 

 

 

 

1,400

170,000 65,000

Bis2-Ethylhexyl Phthalate (μg/l)
117817

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

 

 

 

 

12

22

Bromoform (μg/l)
75252

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

 

 

 

 

44 43

3,600 1,400

Butyl benzyl phthalate (μg/l)
85687

 

 

 

 

3,000 1,500

5,200 1,900

Cadmium (μg/l)5
7440439

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

Freshwater acute criterion (μg/l)
[ WER e {1.128[In(hardness)] – 3.828}]
WER [e {1.0166[ln(hardness)] – 3.924}](CFa) ]

Freshwater chronic criterion (μg/l)
[ WER [e {0.7852[In(hardness)] – 3.490}]
WERe {0.7409[ln(hardness)] – 4.719}](CFc) ]

WER = Water Effect Ratio = 1 unless shown determined otherwise under 9VAC25-260-140 F and listed in 9VAC25-260-310

e = natural antilogarithm

ln = natural logarithm

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

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

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

Acute criteria are 24-hour averages not to be exceeded more than once every three years on the average. ]

[ 3.9 2.0 ]
WER=1; CaCO3 = 100

[ 1.1 0.25 ]
WER=1; CaCO3 = 100

40
WER=1 X WER

8.8
WER=1 X WER

5

 

Carbon tetrachloride (μg/l)
56235

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

 

 

 

 

2.5 2.3

44 16

Chlordane (μg/l)
57749

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

2.4

0.0043

0.09

0.0040

0.021 0.0080

0.022 0.0081

Chloride (μg/l)
16887006

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

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

860,000

230,000

 

 

250,000

 

Chlorine, Total Residual (μg/l)
7782505

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

19

See 9VAC25-260-110

11

See 9VAC25-260-110

 

 

 

 

Chlorine Produced Oxidant (μg/l)
7782505

 

 

13

7.5

 

 

Chlorobenzene (μg/l)
108907

 

 

 

 

680 130

21,000 1,600

Chlorodibromomethane (μg/l)
124481

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

 

 

 

 

4.1 4.0

340 130

Chloroform (μg/l)
67663

Known or suspected carcinogen; however, non-carcinogen calculation used and is protective of carcinogenic effects. Use 30Q5 as default design flow (see footnote 6).

 

 

 

 

350 340

29,000 11,000

2-Chloronaphthalene (μg/l)
91587

 

 

 

 

1,700 1,000

4,300 1,600

2-Chlorophenol (μg/l)
95578

 

 

 

 

120 81

400 150

Chlorpyrifos (μg/l)
2921882

0.083

0.041

0.011

0.0056

 

 

Chromium III (μg/l)5
16065831

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

Freshwater acute criterion (μg/l) μg/l

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

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

WER = Water Effect Ratio = 1 unless shown determined otherwise under 9VAC25-260-140.F and listed in 9VAC25-260-310

e = natural antilogarithm

ln=natural logarithm

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

CFa= 0.316

CFc=0.860

570

(WER=1; (CaCO3 = 100)

74

(WER=1; (CaCO3 = 100)

 

 

100

(total Cr)

 

Chromium VI (μg/l)5
18540299

16

11

1,100

50

 

 

Chrysene (μg/l)
218019

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

 

 

 

 

0.044 0.0038

0.49 0.018

Copper (μg/l)5
7440508

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

Freshwater acute criterion (μg/l)

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

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

WER = Water Effect Ratio = 1 unless shown determined otherwise under 9VAC25-260-140 F and listed in 9VAC25-260-310.

e = natural antilogarithm

ln=natural logarithm

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

CFa = 0.960

CFc = 0.960

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

13

WER=1; CaCO 3 = 100

9.0

WER=1; CaCO3 = 100

9.3

WER=1 X WER

6.0

WER=1 X WER

1,300

 

Cyanide, Free (μg/l)
57125

22

5.2

1.0

1.0

700 140

220,000 16,000

DDD (μg/l)
72548

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

 

 

 

 

0.0083 0.0031

0.0084 0.0031

DDE (μg/l)
72559

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

 

 

 

 

0.0059 0.0022

0.0059 0.0022

DDT (μg/l)
50293

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

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

1.1

0.0010

0.13

0.0010

0.0059 0.0022

0.0059 0.0022

Demeton (μg/l)
8065483

 

0.1

 

0.1

 

 

Diazinon
333415

0.17

0.17

0.82

0.82

 

 

Dibenz (a, h) anthracene (μg/l)
53703

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

 

 

 

 

0.044 0.038

0.49 0.18

Dibutyl phthalate (μg/l)

84742 ]

 

 

 

 

2,7002,000 ]

12,0004,500 ]

Dichloromethane (μg/l)
75092

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

 

 

 

 

47

16,000

1,2–Dichlorobenzene (μg/l)
95501

 

 

 

 

2,700 420

17,000 1,300

1,3– Dichlorobenzene (μg/l)
541731

 

 

 

 

400 320

2,600 960

1,4 Dichlorobenzene (μg/l)
106467

 

 

 

 

400 63

2,600 190

3,3 Dichlorobenzidine
91941

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

 

 

 

 

0.4 0.21

0.77 0.28

Dichlorobromomethane (μg/l)
75274

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

 

 

 

 

5.6 5.5

460 170

1,2 Dichloroethane (μg/l)
107062

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

 

 

 

 

3.8

990 370

1,1 Dichloroethylene (μg/l)
75354

 

 

 

 

310 330

17,000 7,100

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

 

 

 

 

700 140

140,000 10,000

2,4 Dichlorophenol (μg/l)
120832

 

 

 

 

93 77

790 290

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

 

 

 

 

100

 

1,2-Dichloropropane (μg/l)
78875

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

 

 

 

 

5.2 5.0

390 150

1,3-Dichloropropene (μg/l)
542756

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

 

 

 

 

10 3.4

1,700 210

Dieldrin (μg/l)
60571

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

0.24

0.056

0.71

0.0019

0.0014 0.00052

0.0014 0.00054

Diethyl Phthalate (μg/l)
84662

 

 

 

 

23,000 17,000

120,000 44,000

Di-2-Ethylhexyl Phthalate (μg/l)
117817

Known or suspected carcinogen; human health criteria at risk level 10-5. Synonym = Bis2-Ethylhexyl Phthalate.

 

 

 

 

18

59

2,4 Dimethylphenol (μg/l)
105679

 

 

 

 

540 380

2,300 850

Dimethyl Phthalate (μg/l)
131113

 

 

 

 

313,000 270,000

2,900,000 1,100,000

Di-n-Butyl Phthalate (μg/l)
84742

 

 

 

 

2,700 2,000

12,000 4,500

2,4 Dinitrophenol (μg/l)
51285

 

 

 

 

70 69

14,000 5,300

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

 

 

 

 

13.4 13

765 280

2,4 Dinitrotoluene (μg/l)
121142

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

 

 

 

 

1.1

91 34

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

Criteria are based on a risk level of 10-5 and potency of 1.75 x 10-4 (mg/kg–day)-1 To calculate an average effluent permit limit, use mean annual stream flow.

 

 

 

 

1.2 5.0 E-8

1.2 5.1 E-8

1,2-Diphenylhydrazine (μg/l)
122667

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

 

 

 

 

0.40 0.36

5.4 2.0

Dissolved Oxygen (mg/l) (μg/l)
See (See 9VAC25-260-50 and 9VAC25-260-55 )

 

 

 

 

 

 

Alpha-Endosulfan (μg/l)
959988

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

0.22

0.056

0.034

0.0087

110 62

240 89

Beta-Endosulfan (μg/l)
33213659

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

0.22

0.056

0.034

0.0087

110 62

240 89

Endosulfan Sulfate (μg/l)
1031078

 

 

 

 

110 62

240 89

Endrin (μg/l)
72208

0.086

0.036

0.037

0.0023

0.76 0.059

0.81 0.060

Endrin Aldehyde (μg/l)
7421934

 

 

 

 

0.76 0.29

0.81 0.30

Ethylbenzene (μg/l)
100414

 

 

 

 

3,100 530

29,000 2,100

Fecal Coliform
(see [ 9VAC25-260-160 ] and 9VAC25-260-170)

 

 

 

 

 

 

Fluoranthene (μg/l)
206440

 

 

 

 

300 130

370 140

Fluorene (μg/l)
86737

 

 

 

 

1,300 1,100

14,000 5,300

Foaming Agents (μg/l)
Criterion measured as methylene blue active substances. Criterion to maintain acceptable taste, odor, or aesthetic quality of drinking water and applies at the drinking water intake.

 

 

 

 

500

 

Guthion (μg/l)
86500

 

0.01

 

0.01

 

 

Heptachlor (μg/l)
76448

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

0.52

0.0038

0.053

0.0036

0.0021 0.00079

0.0021 0.00079

Heptachlor Epoxide (μg/l)
1024573

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

0.52

0.0038

0.053

0.0036

0.0010 0.00039

0.0011 0.00039

Hexachlorobenzene (μg/l)
118741

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

 

 

 

 

0.0075 0.0028

0.0077 0.0029

Hexachlorobutadiene (μg/l)
87683
Known or suspected carcinogen; human health criteria at risk level 10-5.

 

 

 

 

4.4

500 180

Hexachlorocyclohexane Alpha-BHC (μg/l)
319846

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

 

 

 

 

0.039 0.026

0.13

0.049

Hexachlorocyclohexane Beta-BHC (μg/l)
319857

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

 

 

 

 

0.14 0.091

0.46 0.17

Hexachlorocyclohexane (μg/l) (Lindane)

Gamma-BHC
58899

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

0.95

 

0.16

 

0.19 0.98

0.63 1.8

Hexachlorocyclopentadiene (μg/l)
77474

 

 

 

 

240 40

17,000 1,100

Hexachloroethane (μg/l)
67721

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

 

 

 

 

19 14

89 33

Hydrogen sulfide (μg/l)
7783064

 

2.0

 

2.0

 

 

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

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

 

 

 

 

0.044 0.038

0.49 0.18

Iron (μg/l)
7439896

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

 

 

 

 

300

 

Isophorone (μg/l)
78591

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

 

 

 

 

360 350

26,000 9,600

Kepone (μg/l)
143500

 

zero

 

zero

 

 

Lead (μg/l)5
7439921

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

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

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

WER = Water Effect Ratio = 1 unless shown determined otherwise under 9VAC25-260-140 F and listed in 9VAC25-260-310

e = natural antilogarithm

ln = natural logarithm

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

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

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

[ 120 94 ]
WER=1; CaCO3 = 100

[ 14 11 ]
WER=1; CaCO3 = 100

240 WER=1 230 240 ] X WER

9.3 WER=1 8.8 9.3 ] X WER

15

 

Malathion (μg/l)
121755

 

0.1

 

0.1

 

 

Manganese (μg/l)
7439965

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

 

 

 

 

50

 

Mercury (μg/l) 5
7439976

1.4

0.77

1.8

0.94

0.050

0.051

Methyl Bromide (μg/l)
74839

 

 

 

 

48 47

4,000 1,500

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

 

 

 

 

0.30

0.30

Methylene Chloride (μg/l)
75092

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

 

 

 

 

46

5,900

Methoxychlor (μg/l)
72435

 

0.03

 

0.03

100

 

Mirex (μg/l)
2385855

 

zero

 

zero

 

 

Monochlorobenzene (μg/l)
108907

 

 

 

 

680

21,000

Nickel (μg/L)5 (μg/l)5
744002

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

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

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

WER = Water Effect Ratio = 1 unless shown determined otherwise under 9VAC25-260-140 F and listed in 9VAC25-250-310

e = natural antilogarithm

ln = natural logarithm

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

(CFa) CFa = 0.998

(CFc) CFc = 0.997

180

WER=1; CaCO3 = 100

20

WER=1; CaCO3 = 100

74 X WER

WER=1

8.2 X WER

WER=1

610

4,600

Nitrate as N (μg/l)
14797558

 

 

 

 

10,000

 

Nitrobenzene (μg/l)
98953

 

 

 

 

17

1,900 690

N-Nitrosodimethylamine (μg/l)
62759

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

 

 

 

 

0.0069

81 30

N-Nitrosodiphenylamine (μg/l)
86306

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

 

 

 

 

50 33

160 60

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

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

 

 

 

 

0.05 0.050

14 5.1

Nonylphenol
1044051

28

6.6

7.0

1.7

 

 

Parathion (μg/l)
56382

0.065

0.013

 

 

 

 

PCB 1260 (μg/l)
11096825

 

0.014

 

0.030

 

 

PCB 1254 (μg/l)
11097691

 

0.014

 

0.030

 

 

PCB 1248 (μg/l)
12672296

 

0.014

 

0.030

 

 

PCB 1242 (μg/l)
53469219

 

0.014

 

0.030

 

 

PCB 1232 (μg/l)
11141165

 

0.014

 

0.030

 

 

PCB 1221 (μg/l)
11104282

 

0.014

 

0.030

 

 

PCB 1016 (μg/l)
12674112

 

0.014

 

0.030

 

 

PCB Total (μg/l)
1336363

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

 

0.014

 

0.030

0.0017 0.00064

0.0017 0.00064

Pentachlorophenol (μg/l)
87865

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

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

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

8.7
pH = 7.0

6.7
pH = 7.0

13

7.9

2.8 2.7

82 30

pH
See 9VAC25-260-50

 

 

 

 

 

 

Phenol (μg/l)
108952

 

 

 

 

21,000 10,000

4,600,000 860,000

Phosphorus (Elemental μg/l) Elemental (μg/l)
7723140

 

 

 

0.10

 

 

Pyrene (μg/l)
129000

 

 

 

 

960 830

11,000 4,000

Radionuclides

   Gross Alpha Particle Activity (pCi/L)

   Beta Particle & Photon Activity (mrem/yr)
   (formerly man-made radio nuclides)
   Strontium 90 (pCi/L)
   Tritium (pCi/L)

Combined Radium 226 and 228 (pCi/L)

Uranium (μg/L)

 

 

 

 

 

15

4



8
20,000


5

30

 

15

4

8

20,000

Selenium (μg/l)5
7782492

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

20

5.0

300 WER=1 290 X WER

71 WER=1

X WER

170

11,000 4,200

Silver (μg/l)5
7440224

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

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

WER = Water Effect Ratio = 1 unless shown determined otherwise under 9VAC25-260-140 F and listed in 9VAC25-260-310

e = natural antilogarithm

ln=natural logarithm

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

(CFa ) CFa = 0.85

3.4 WER=1; CaCO3 = 100

 

2.0 WER=1 1.9 X WER

 

 

 

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

 

 

 

 

250,000

 

Temperature

See 9VAC25-260-50

 

 

 

 

 

 

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

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

 

 

 

 

1.7

110 40

Tetrachloroethylene (μg/l)
127184

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

 

 

 

 

8.0 6.9

89 33

Thallium (μg/l)
7440280

 

 

 

 

1.7 0.24

6.3 0.47

Toluene (μg/l)
108883

 

 

 

 

6,800 510

200,000 6,000

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

 

 

 

 

500,000

 

Toxaphene (μg/l)
8001352

The chronic aquatic life criteria have been calculated to also protect wildlife from harmful effects through ingestion of contaminated tissue.

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

0.73

0.0002

0.21

0.0002

0.0073 0.0028

0.0075 0.0028

Tributyltin (μg/l)
60105

0.46

0.063 0.072

0.38 0.42

0.001 0.0074

 

 

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

 

 

 

 

260 35

940 70

1,1,2-Trichloroethane (μg/l)
79005

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

 

 

 

 

6.0 5.9

420 160

Trichloroethylene (μg/l)
79016

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

 

 

 

 

27 25

810 300

2, 4, 6 –Trichlorophenol
88062

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

 

 

 

 

21 14

65 24

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

 

 

 

 

50

 

Vinyl Chloride (μg/l)
75014

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

 

 

 

 

0.23 0.25

61 24

Zinc (μg/l)5
744066

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

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

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

WER = Water Effect Ratio = 1 unless shown determined otherwise under 9VAC25-260-140 F and listed in 9VAC25-260-310

e = base e exponential function.

ln = log normal function

CFa = 0.978

CFc = 0.986

120 WER=1; CaCO3 = 100

120 WER=1; CaCO3 = 100

90

WER=1 X WER

81

WER=1 X WER

9,100 7,400

69,000 26,000

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

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

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

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

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

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

Aquatic Life:

Acute criteria

1Q10

Chronic criteria

7Q10

Chronic criteria (ammonia)

30Q10

Human Health:

Noncarcinogens

30Q5

Carcinogens

Harmonic mean (An exception to this is for the carcinogen dioxin. The applicable stream flow for dioxin is the mean annual stream flow.)

The following are defined for this section:

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

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

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

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

"Averaged" means an arithmetic mean.

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

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

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

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

CLASS OF WATERS

NUMERICAL CRITERIA

I and II (Estuarine Waters)

Saltwater criteria apply

II (Transition Zone)

More stringent of either the freshwater or saltwater criteria apply

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

Freshwater criteria apply

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

1. Rappahannock Basin. Tidal freshwater is from the fall line of the Rappahannock River to Buoy 37 near Tappahannock, Virginia, the upstream boundary of the transition zone including all tidal tributaries that enter the tidal freshwater Rappahannock River.

Transition zone is from Buoy 37 to Buoy 11 near Morattico, Virginia, including all tidal tributaries that enter the transition zone of the Rappahannock River.

Transition zone upstream boundary – 38° 4' 56.59"/-76° 58' 47.93" (430 feet east of Hutchinson Swamp) to 38° 5' 23.33"/-76° 58' 24.39" (0.7 miles upstream of Peedee Creek).

Transition zone downstream boundary - 37° 58' 45.80"/-76° 55' 28.75" (1,000 feet downstream of Jenkins Landing) to 37° 59' 20.07/ -76° 53' 45.09" (0.33 miles upstream of Mulberry Point). All tidal waters that enter the transition zone are themselves transition zone waters.

Estuarine waters are from Buoy 11 the downstream boundary of the transition zone to the mouth of the Rappahannock River (Buoy 6), including all tidal tributaries that enter the estuarine waters of the Rappahannock River.

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

Transition Mattaponni River transition zone upstream boundary of the Mattaponi River is from Clifton, Virginia to the York River and the transition zone of the Pamunkey River is from Sweet Hall Landing, Virginia, to the York River – N37° 39' 29.65"/W76° 52' 53.29" (1,000 feet upstream of Mitchell Hill Creek) to N37° 39' 24.20"/W76° 52' 55.87" (across from Courthouse Landing). Mattaponi River transition zone downstream boundary – N37° 32' 19.76"/W76° 47' 29.41" (old Lord Delaware Bridge, west side) to N37° 32' 13.25"/W76° 47' 10.30" (old Lord Delaware Bridge, east side).

Pamunkey River transition zone upstream boundary – N37° 32' 36.63"/W76° 58' 29.88" (Cohoke Marsh, 0.9 miles upstream of Turkey Creek) to N37° 32' 36.51"/W76° 58' 36.48" (0.75 miles upstream of creek at Cook Landing). Pamunkey River transition zone downstream boundary – N37° 31' 57.90"/ 76° 48' 38.22" (old Eltham Bridge, west side) to N37° 32' 6.25"/W76°14' 48' ] 18.82" (old Eltham Bridge, east side).

The transition zone for the York River is from West Point, Virginia, to Buoy 13 near Poropotank Bay. All tidal tributaries that enter the transition zones of the Mattaponi, and Pamunkey, and York Rivers are themselves in the transition zone.

Estuarine waters are from Buoy 13 the downstream boundary of the transition zones of the Mattaponi and Pamunkey Rivers to the mouth of the York River (Tue Marsh Light) including all tidal tributaries that enter the estuarine waters of the York River.

3. James Basin. Tidal Freshwater is from the fall line of the James River in the City of Richmond upstream of Mayo Bridge to the confluence of the Chickahominy River (Buoy 70) upstream boundary of the transition zone, including all tidal tributaries that enter the tidal freshwater James River.

Transition James River transition zone is from Buoy 70 to Buoy 47 near Jamestown Island including all tidal tributaries that enter the transition zone of the James River upstream boundary – N37° 14' 28.25"/W76° 56' 44.47" (at Tettington) to N37° 13' 38.56"/W76° 56' 47.13" 0.3 miles downstream of Sloop Point.

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

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

Estuarine waters are from Buoy 47 the downstream transition zone boundary to the mouth of the James River (Buoy 25) including all tidal tributaries that enter the estuarine waters of the James River.

4. Potomac Basin. Tidal Freshwater includes all tidal tributaries that enter the Potomac River from its fall line at the Chain Bridge (N38° 55' 46.28"/W77° 6' 59.23") to Buoy 43 the upstream transition zone boundary near Quantico, Virginia.

Transition zone includes all tidal tributaries that enter the Potomac River from Buoy 43 N38° 31' 27.05"/W77° 17' 7.06" (midway between Shipping Point and Quantico Pier) to Buoy 33 near Dahlgren, Virginia N38° 23' 22.78"/W77° 1' 45.50" (one mile southeast of Mathias Point).

Estuarine waters includes all tidal tributaries that enter the Potomac River from Buoy 33 the downstream transition zone boundary to the mouth of the Potomac River (Buoy 44B).

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

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

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

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

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

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

3. Site-specific temperature requirements are found in 9VAC25-260-90.

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

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

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

E. Variances to water quality standards.

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

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

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

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

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

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

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

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

F. Water effect ratio.

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

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

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

4. The Environmental Protection Agency views the WER in any particular case as a site-specific criterion. Therefore, the department's Division of Scientific Research or its successor shall submit the results of the study to the Environmental Protection Agency for review and approval/disapproval within 30 days of the receipt of certification from the state's Office of the Attorney General. Nonetheless, the WER is established in a permit proceeding, shall be described in the public notice associated with the permit proceeding, and applies only to the applicant or permittee in that proceeding. The department's action to approve or disapprove a WER is a case decision, not an amendment to the present regulation.

The decision to approve or disapprove a WER shall be subject to the public participation requirements of the Permit Regulation, 9VAC25-31-260 et seq. A list of final WERs will be maintained by the department's Division of Scientific Research or its successor.

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

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-01.14B, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 20, Issue 9, eff. February 12, 2004; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-160

Part II
Standards with More Specific Application

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

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

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

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-02.1, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 19, Issue 7, eff. January 15, 2003; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-170

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

A. In surface waters, except shellfish waters and certain waters identified in subsections B and C of this section, the The following bacteria criteria (colony forming units (CFU)/100 ml) shall apply to protect primary contact recreational uses in surface waters, except waters identified in subsection B of this section:

1. Fecal coliform bacteria shall not exceed a geometric mean of 200 fecal coliform bacteria per 100 ml of water for two or more samples over a calendar month nor shall more than 10% of the total samples taken during any calendar month exceed 400 fecal coliform bacteria per 100 ml of water. This criterion shall not apply for a sampling station after the bacterial indicators described in subdivision 2 of this subsection have a minimum of 12 data points or after June 30, 2008, whichever comes first.

2. E. coli and enterococci bacteria per 100 ml of water shall not exceed the following:

 

Geometric Mean1

Single Sample Maximum2

Freshwater3

 

 

 

E. coli

126

235

Saltwater and Transition Zone3

 

 

 

enterococci

35

104

1For two or more samples taken during any calendar month.

2No single sample maximum for enterococci and E. coli shall exceed a 75% upper one-sided confidence limit based on a site-specific log standard deviation. If site data are insufficient to establish a site-specific log standard deviation, then 0.4 shall be used as the log standard deviation in fresh water and 0.7 shall be as the log standard deviation in saltwater and transition zone. Values shown are based on a log standard deviation of 0.4 in freshwater and 0.7 in saltwater.

3See 9 VAC 25-260-140 C for freshwater and transition zone delineation.

E.coli bacteria shall not exceed a monthly geometric mean of 126 CFU/100 ml in freshwater, or E.coli bacteria shall not exceed a monthly geometric mean of 206 CFU/100 ml in freshwater ].

Enterococci bacteria shall not exceed a monthly geometric mean of 35 CFU/100 ml in transition and saltwater.

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

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

3. If thereis are ] insufficient data to calculate monthly geometric means in freshwater, no more than 10% of the total samples in the assessment period shall exceed 235 E.coli CFU/100 ml, or if there is insufficient data to calculate monthly geometric means in freshwater, no more than 10% of the total samples in the assessment period shall exceed 384 E.coli CFU/100 ml ].

4. If thereis are ] insufficient data to calculate monthly geometric means in transition and saltwater, no more than 10% of the total samples in the assessment period shall exceed enterococci 104 CFU/100 ml.

5. For beach advisories or closures, a single sample maximum of 235 E.coli CFU/100 ml in freshwater and a single sample maximum of 104 enterococci CFU/100 ml in saltwater and transition zones shall apply, or for beach advisories or closures, a single sample maximum of 384 E.coli CFU/100 ml in freshwater and a single sample maximum of 104 enterococci CFU/100 ml in saltwater and transition zones shall apply ].

B. Notwithstanding the above, all sewage discharges shall be disinfected to achieve the applicable bacteria concentrations in subdivision A 2 of this section prior to discharge.

However, the board, with the advice of the State Department of Health, may determine that reduced or no disinfection of a discharge is appropriate on a seasonal or year-round basis. In making such a determination, the board shall consider the designated uses of these waters and the seasonal nature of those uses. Such determinations will be made during the process of approving, issuing, or reissuing the discharge permit and shall be in conformance with a board approved site-specific use-attainability analysis performed by the permittee. When making a case-by-case determination concerning the appropriate level of disinfection for sewage discharges into these waters, the board shall provide a 45-day public notice period and opportunity for a public hearing.

C. Surface waters, or portions of these, may be designated in accordance with 9VAC25-260-10 to protect secondary contact recreation.

1. Sewage discharges to secondary contact recreational waters shall meet the requirements of the disinfection policy set forth in subsection B of this section.

2. In surface waters, except shellfish waters, designated for secondary contact recreation under this subsection, the B. The following bacteria criteria per 100 ml (CFU/100 ml) of water shall apply:

 

Geometric Mean1

Single Sample Maximum2

Freshwater3

 

 

 

E. coli

630

1173

Saltwater and Transition Zone3

 

 

 

enterococci

175

519

1Calendar month average for two or more samples.

2No single sample maximum for enterococci and E. coli in secondary contact waters shall exceed a 75% upper one-sided confidence limit based on a site-specific log standard deviation. If site data are insufficient to establish a site-specific log standard deviation, then 0.4 shall be the log standard deviation in fresh and transition zone waters and 0.7 shall be the log standard deviation in saltwater. Values shown are based on a log standard deviation of 0.4 in freshwater and 0.7 in saltwater.

3See subsection 9 VAC 25-260-140 C for freshwater and transition zone delineation.

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

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

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

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

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

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

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

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

a. (Reserved)

b. (Reserved)

c. (Reserved)

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-02.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 19, Issue 7, eff. January 15, 2003; Volume 20, Issue 9, eff. February 12, 2004; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-185

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

A. Dissolved oxygen.

Designated Use

Criteria Concentration/ Duration

Temporal Application

Migratory fish spawning and nursery

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

February 1-May 31

Instantaneous minimum ≥ 5 mg/l

Open water1

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

year-round year-round2

June 1- September 30

October 1 - May 31 ]

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

7 day mean ≥ 4 mg/l

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

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

Deep water

30 day mean ≥ 3 mg/l

June 1- September 30

 

1 day mean ≥ 2.3 mg/l

Instantaneous minimum ≥ 1.7 mg/l

Deep channel

Instantaneous minimum ≥ 1 mg/l

June 1- September 30

1In applying this open water instantaneous criterion to the Chesapeake Bay and its tidal tributaries where the existing water quality for dissolved oxygen exceeds an instantaneous minimum of 3.2 mg/l, that higher water quality for dissolved oxygen shall be provided antidegradation protection in accordance with 9 VAC 25-610-30 A 2.

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

B. Submerged aquatic vegetation and water clarity. If the submerged aquatic vegetation (SAV) acres in this subsection are met in any individual Chesapeake Bay Program segment as described in subsection D of this section, then the shallow water submerged aquatic vegetation use is met in that segment. If the SAV acres in this subsection are not met in any individual Chesapeake Bay Program segment, then the water clarity criteria shall apply to the water clarity acres in that segment. If these water clarity criteria are met to the bottom water sediment interface for the number of water clarity acres in that segment, then the shallow-water submerged aquatic vegetation use is met; regardless of the number of acres of SAV in that segment. Attainment of the shallow-water submerged aquatic vegetation designated use shall be determined using any one ] of the following criteria:

Designated Use

Chesapeake Bay Program Segment

SAV Acres1

Water Clarity Criteria (percent light-through-water)2 Percent Light-Through-Water2

Water Clarity Acres1

Temporal Application

Shallow Water Submerged Aquatic Vegetation Use

CB5MH

7,633

22%

14,514

April 1 - October 31

CB6PH

1,267

22%

3,168

March 1 - November 30

CB7PH

15,107

22%

34,085

March 1 - November 30

CB8PH

11

22%

28

March 1 - November 30

POTTF

2,093

13%

5,233

April 1 - October 31

POTOH

1,503

13%

3,758

April 1 - October 31

POTMH

4,250

22%

10,625

April 1 - October 31

RPPTF

66

13%

165

April 1 - October 31

RPPOH

0 4

13%

0 10

April 1 - October 31

RPPMH

1700

22%

5000

April 1 - October 31

CRRMH

768

22%

1,920

April 1 - October 31

PIAMH

3,479

22%

8,014

April 1 - October 31

MPNTF

85

13%

213

April 1 - October 31

MPNOH

0 -

-

0 -

-

PMKTF

187

13%

468

April 1 - October 31

PMKOH

0 -

-

0 -

-

YRKMH

239

22%

598

April 1 - October 31

YRKPH

2,793

22%

6,982

March 1 - November 30

MOBPH

15,901

22%

33,990

March 1 - November 30

JMSTF2

200

13%

500

April 1 - October 31

JMSTF1

1000

13%

2500

April 1 - October 31

APPTF

379

13%

948

April 1 - October 31

JMSOH

15

13%

38

April 1 - October 31

CHKOH

535

13%

1,338

April 1 - October 31

JMSMH

200

22%

500

April 1 - October 31

JMSPH

300

22%

750

March 1 - November 30

[ WBEMH ]

 0- ]

[ - ]

0- ]

[ - ]

[ SBEMH ]

0- ]

[ - ]

0- ]

[ - ]

[ EBEMH ]

0- ]

[ - ]

0- ]

[ - ]

LAFMH

0

-

0

-

[ ELIPH ]

0- ]

[ - ]

0- ]

[ - ]

LYNPH

107

22%

268

March 1 - November 30

POCOH

0 -

-

0 -

-

POCMH

4,066

22%

9,368

April 1 - October 31

TANMH

13,579

22%

22,064

April 1 - October 31

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

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

C. Chlorophyll a.

Designated Use

Chlorophyll a Narrative Criterion

Temporal Application

Open Water

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

March 1 - September 30

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

D. Implementation.

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

Chesapeake Bay Segment Description

Segment Name1

Chesapeake Bay Segment Description

Segment Name1

Lower Central Chesapeake Bay

CB5MH

Mobjack Bay

MOBPH

Western Lower Chesapeake Bay

CB6PH

Upper Tidal Fresh James River

JMSTF2

Eastern Lower Chesapeake Bay

CB7PH

Lower Tidal Fresh James River

JMSTF1

Mouth of the Chesapeake Bay

CB8PH

Appomattox River

APPTF

Upper Potomac River

POTTF

Middle James River

JMSOH

Middle Potomac River

POTOH

Chickahominy River

CHKOH

Lower Potomac River

POTMH

Lower James River

JMSMH

Upper Rappahannock River

RPPTF

Mouth of the James River

JMSPH

Middle Rapphannock River

RPPOH

Western Branch Elizabeth River

WBEMH

Lower Rapphannock River

RPPMH

Southern Branch Elizabeth River

SBEMH

Corrotoman River

CRRMH

Eastern Branch Elizabeth River

EBEMH

Piankatank River

PIAMH

Lafayette River

LAFMH

Upper Mattaponi River

MPNTF

Mouth of the Elizabeth River

ELIPH

Lower Mattaponi River

MPNOH

Lynnhaven River

LYNPH

Upper Pamunkey River

PMKTF

Middle Pocomoke River

POCOH

Lower Pamunkey River

PMKOH

Lower Pocomoke River

POCMH

Middle York River

YRKMH

Tangier Sound

TANMH

Lower York River

YRKPH

 

 

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

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

3. Attainment of these criteria shall be assessed through comparison of the generated cumulative frequency distribution of the monitoring data to the applicable criteria reference curve for each designated use. If the monitoring data cumulative frequency curve is completely contained inside the reference curve, then the segment is in attainment of the designated use. The reference curves and procedures to be followed are published in the USEPA, Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries, EPA 903-R-03-002, April 2003 and the 2004 (EPA 903-R-03-002 October 2004) and 2007 (CBA/TRS 285-07, EPA 903-R-07-003) addenda. If no reference curve is published, the cumulative frequency distribution reference curve in Figure 1, which represents 10% allowable exceedences equally distributed between time and space, shall be the applicable reference curve. An exception to this requirement is in measuring attainment of the SAV and water clarity acres, which are compared directly to the criteria.

Figure 1.

 ]

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 23, eff. June 24, 2005; amended, Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-187

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

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

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

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

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

Man-made Lake or Reservoir Name

Location

Chlorophyll a (μg/L)

Total Phosphorus (μg/L)

Able Lake

Stafford County

35

40

Airfield Pond

Sussex County

35

40

Amelia Lake

Amelia County

35

40

Aquia Reservoir (Smith Lake)

Stafford County

35

40

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

Scott County

35

40

Beaver Creek Reservoir

Albemarle County

35

40

Beaverdam Creek Reservoir (Beaverdam Reservoir)

Bedford County

35

40

Beaverdam Reservoir

Loudoun County

35

40

Bedford Reservoir (Stony Creek Reservoir)

Bedford County

35

40

Big Cherry Lake

Wise County

35

40

Breckenridge Reservoir

Prince William County

35

40

Briery Creek Lake

Prince Edward County

35

40

Brunswick Lake (County Pond)

Brunswick County

35

40

Burke Lake

Fairfax County

60

40

Carvin Cove Reservoir

Botetourt County

35

40

Cherrystone Reservoir

Pittsylvania County

35

40

Chickahominy Lake

Charles City County

35

40

Chris Green Lake

Albemarle County

35

40

Claytor Lake

Pulaski County

25

20

Clifton Forge Reservoir (Smith Creek Reservoir)

Alleghany County

35

20

Coles Run Reservoir

Augusta County

10

10

Curtis Lake

Stafford County

60

40

Diascund Creek Reservoir

New Kent County

35

40

Douthat Lake

Bath County

25

20

Elkhorn Lake

Augusta County

10

10

Emporia Lake (Meherrin Reservoir)

Greensville County

35

40

Fairystone Lake

Henry County

35

40

Falling Creek Reservoir

Chesterfield County

35

40

Fluvanna Ruritan Lake

Fluvanna County

60

40

Fort Pickett Reservoir

Nottoway/ Brunswick County

35

40

Gatewood Reservoir

Pulaski County

35

40

Georges Creek Reservoir

Pittsylvania County

35

40

Goose Creek Reservoir

Loudoun County

35

40

Graham Creek Reservoir

Amherst County

35

40

Great Creek Reservoir

Lawrenceville

35

40

Harrison Lake

Charles City County

35

40

Harwood Mills Reservoir

York County

60

40

Hidden Valley Lake

Washington County

35

40

Hogan Lake

Pulaski County

35

40

Holiday Lake

Appomattox County

35

40

Hungry Mother Lake

Smyth County

35

40

Hunting Run Reservoir

Spotsylvania County

35

40

J. W. Flannagan Reservoir

Dickenson County

25

20

Kerr Reservoir, Virginia portion (Buggs Island Lake)

Halifax County

25

30

Keysville Reservoir

Charlotte County

35

40

Lake Albemarle

Albemarle County

35

40

Lake Anna

Louisa County

25

30

Lake Arrowhead

Page County

35

40

Lake Burnt Mills

Isle of Wight County

60

40

Lake Chesdin

Chesterfield County

35

40

Lake Cohoon

Suffolk City

60

40

Lake Conner

Halifax County

35

40

Lake Frederick

Frederick County

35

40

Lake Gaston, (Virginia portion)

Brunswick County

25

30

Lake Gordon

Mecklenburg County

35

40

Lake Keokee

Lee County

35

40

Lake Kilby

Suffolk City

60

40

Lake Lawson

Virginia Beach City

60

40

Lake Manassas

Prince William County

35

40

Lake Meade

Suffolk City

60

40

Lake Moomaw

Bath County

10

10

Lake Nelson

Nelson County

35 60

40

Lake Nottoway (Lee Lake, Nottoway Lake)

Nottoway County

35

40

Lake Pelham

Culpeper County

35

40

Lake Prince

Suffolk City

35 60

40

Lake Robertson

Rockbridge County

35

40

Lake Smith

Virginia Beach City

60

40

Lake Whitehurst

Norfolk City

60

40

Lake Wright

Norfolk City

60

40

Lakeview Reservoir

Chesterfield County

35

40

Laurel Bed Lake

Russell County

35

40

Lee Hall Reservoir (Newport News Reservoir)

Newport News City

60

40

Leesville Reservoir

Bedford County

25

30

Little Creek Reservoir

Virginia Beach City

60

40

Little Creek Reservoir

James City County

25

30

Little River Reservoir

Montgomery County

35

40

Lone Star Lake F (Crystal Lake)

Suffolk City

60

40

Lone Star Lake G (Crane Lake)

Suffolk City

60

40

Lone Star Lake I (Butler Lake)

Suffolk City

60

40

Lunga Reservoir

Prince William County

35

40

Lunenburg Beach Lake (Victoria Lake)

Town of Victoria

35

40

Martinsville Reservoir (Beaver Creek Reservoir)

Henry County

35

40

Mill Creek Reservoir

Amherst County

35

40

Modest Creek Reservoir

Town of Victoria

35

40

Motts Run Reservoir

Spotsylvania County

25

30

Mount Jackson Reservoir

Shenandoah County

35

40

Mountain Run Lake

Culpeper County

35

40

Ni Reservoir

Spotsylvania County

35

40

North Fork Pound Reservoir

Wise County

35

40

Northeast Creek Reservoir

Louisa County

35

40

Occoquan Reservoir

Fairfax County

35

40

Pedlar Lake

Amherst County

25

20

Philpott Reservoir

Henry County

25

30

Phelps Creek Reservoir (Brookneal Reservoir)

Campbell County

35

40

Ragged Mountain Reservoir

Albemarle County

35

40

Rivanna Reservoir (South Fork Rivanna Reservoir)

Albemarle County

35

40

Roaring Fork

Pittsylvania County

35

40

Rural Retreat Lake

Wythe County

35

40

Sandy River Reservoir

Prince Edward County

35

40

Shenandoah Lake

Rockingham County

35

40

Silver Lake

Rockingham County

35

40

Smith Mountain Lake

Bedford County

25

30

South Holston Reservoir

Washington County

25

20

Speights Run Lake

Suffolk City

60

40

Spring Hollow Reservoir

Roanoke County

25

20

Staunton Dam Lake

Augusta County

35

40

Stonehouse Creek Reservoir

Amherst County

60

40

Strasburg Reservoir

Shenandoah County

35

40

Stumpy Lake

Virginia Beach

60

40

Sugar Hollow Reservoir

Albemarle County

25

20

Swift Creek Lake

Chesterfield County

35

40

Swift Creek Reservoir

Chesterfield County

35

40

Switzer Lake

Rockingham County

10

10

Talbott Reservoir

Patrick County

35

40

Thrashers Creek Reservoir

Amherst County

35

40

Totier Creek Reservoir

Albemarle County

35

40

Townes Reservoir

Patrick County

25

20

Troublesome Creek Reservoir

Bucking-ham County

35

40

Waller Mill Reservoir

York County

25

30

Western Branch Reservoir

Suffolk City

25

20

Wise Reservoir

Wise County

25

20

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

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

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 4, eff. August 14, 2007amended, Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-290

9VAC25-260-290. Tidal water sampling. (Repealed.)

Samples for determining compliance with standards established for estuarine or open ocean waters shall be collected at slack before flood tide or slack before ebb tide.

Statutory Authority

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

Historical Notes

Derived from VR680-21-06.5, eff. May 20, 1992; repealed, Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-310

Part VII
Special Standards and Scenic Rivers Listings

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

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

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

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

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

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

c. Cancelled.

d. Cancelled.

e. Cancelled.

f. Cancelled.

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

h. Cancelled.

i. Cancelled.

j. Cancelled.

k. Cancelled.

l. Cancelled.

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

 

CONSTITUENT

CONCENTRATION

 

1. Biochemical Oxygen demand 5-day at 20

6.0 6 mg/l monthly average, with not more than 5% of individual samples to exceed 8.0 8 mg/l

 

2. Settleable Solids

Not to exceed 0.1 ml/l monthly average

 

3. Suspended Solids

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

 

4. Ammonia Nitrogen

Not to exceed 2.0 mg/l monthly average as N

 

5. Total Phosphorus

Not to exceed 0.1 0.10 mg/l monthly average for all discharges with the exception of Tyson Foods, Inc. which shall meet 0.3 0.30 mg/l monthly average and 0.5 0.50 mg/l daily maximum.

 

6. Other Physical and Chemical Constituents

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

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

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

p. Cancelled.

q. Cancelled.

r. Cancelled.

s. Chlorides not to exceed 40 mg/l at any time. Cancelled.

t. Cancelled.

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

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

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

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

w. Cancelled.

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

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

(

0.0577

+

2.487

)

x 1.45(100.028(25-MAX))

1 + 107.688-pH

1 + 10pH-7.688

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

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

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

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

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

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

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

 

Designated use

Criteria Concentration/ Duration

Temporal Application

 

Open Water

30 day mean ≥ 4.0 mg/l

June 1 - September 30

 

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

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

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

bb. The following site specific numerical chlorophyll a criteria apply March 1 through May 31 and July 1 through September 30 as seasonal means to the tidal James River (excludes tributaries) segments JMSTF2, JMSTF1, JMSOH, JMSMH, JMSPH and are implemented in accordance with subsection D of 9VAC25-260-185.

 

Designated Use

Chlorophyll a µ/l

Chesapeake Bay Program Segment

Temporal Application

 

Open Water

10

JMSTF2

March 1 - May 31

 

15

JMSTF1

 

15

JMSOH

 

12

JMSMH

 

12

JMSPH

 

15

JMSTF2

July 1 - September 30

 

23

JMSTF1

 

22

JMSOH

 

10

JMSMH

 

10

JMSPH

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

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

ee. Lake Curtis in Stafford County has a pH standard of 5.5-9.6, which is protective of the aquatic life in this reservoir and is a result of the fertilization techniques used to manage the fishery.

ff. John H. Kerr Reservoir at the Clarksville water supply intake has a dissolved manganese criterion of 50 µg/l to protect the acceptable taste, odor or aesthetic quality of the drinking water.

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

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

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-07.1, eff. May 20, 1992; amended July 1, 1992; amended, Virginia Register Volume 13, Issue 12, eff. April 2, 1997; Volume 14, Issue 4, eff. December 10, 1997; Volume 19, Issue 23, eff. August 27, 2003; Volume 20, Issue 9, eff. February 12, 2004; Volume 22, Issue 11, eff. January 12, 2006; Volume 24, Issue 4, eff. August 14, 2007; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-320

9VAC25-260-320. Scenic rivers. (Repealed.)

The following section recognizes waters which the General Assembly has determined to be of special ecological or recreational significance to the state. The designation of a scenic river and the significance of this designation are the subject of the Scenic Rivers Act (§ 10.1-400 et seq. of the Code of Virginia) and are listed here for informational purposes only.

POTOMAC RIVER BASIN

POTOMAC RIVER SUBBASIN

Goose Creek from its confluence with the Potomac River upstream to the Fauquier-Loudoun County line (7+ miles).

Catoctin Creek in Loudoun County from its confluence with the Potomac River upstream to the Town of Waterford (16+ miles).

SHENANDOAH RIVER SUBBASIN

The Shenandoah River in Clarke County from the Warren-Clarke County line to Lockes Landing (14+ miles).

JAMES RIVER BASIN

The Saint Marys River in Augusta County within the George Washington National Forest. (6+ miles).

Rivanna River from its confluence with the James River upstream to the base of the dam at the Woolen Mills in the City of Charlottesville to the junction of the Rivanna with the James River (37+ miles).

Appomattox River from the Route 36 bridge crossing in the City of Petersburg upstream to the abutment dam located about 1.3 miles below Lake Chesdin (5+ miles).

The James River from Orleans Street extended in the City of Richmond westward to the 1970 corporate limits of the city (8+ miles).

The Upper James River from a point two miles below Eagle Rock to the Route 630 bridge in Springwood (14+/- miles).

Chickahominy River from Route 360 to the junction of the Hanover/Henrico/New Kent County line in Hanover County (10.2+ miles).

The Moormans River in Albemarle County, from the foot of the dam of the Charlottesville water supply reservoir to the junction with the Mechums River below Route 601 (13+ miles).

Rockfish River from the Route 693 bridge in Schuyler to its confluence with the James River (9.75+ miles).

Lower James River, from an unnamed tributary to the James River approximately 1.2 miles east of Trees Point in Charles City County (northside) and Upper Chippokes Creek (southside) to Grices Run (northside) and Lawnes Creek (southside) (25+ miles).

RAPPAHANNOCK RIVER BASIN

Rappahannock River in Rappahannock, Culpeper, Fauquier, Stafford, and Spotsylvania Counties and the City of Fredericksburg from its headwaters near Chester Gap to the Ferry Farm-Mayfield Bridge (86+/- miles).

ROANOKE RIVER BASIN

ROANOKE RIVER SUBBASIN

Roanoke (Staunton) River from State Route 360 upstream to State Route 761 at the Long Island Bridge (40.5 +/- miles).

CHOWAN AND DISMAL SWAMP BASIN

CHOWAN RIVER SUBBASIN

Nottoway River in Sussex County from the Route 40 bridge at Stony Creek to the Southampton County line (33+ miles).

North Meherrin River in Lunenburg County from the Route 712 bridge to the confluence with the Meherrin River (7.5 miles).

ALBEMARLE SOUND SUBBASIN

The North Landing River from the North Carolina line to the bridge at Route 165, Pocaty River from its junction with North Landing River to the Blackwater Road Bridge, West Neck Creek from the junction with the North Landing River to Indian River Road Bridge, and Blackwater Creek from the junction with the North Landing River to its confluence, approximately 4.2 miles, of an unnamed tributary 1.75+/- miles west of Blackwater Road (26+ miles).

TENNESSEE AND BIG SANDY RIVER BASINS

CLINCH RIVER SUBBASIN

Guest River from a point 100 feet downstream of the Route 72 Bridge to the junction with the Clinch River in Scott and Wise County (6.5+ miles).

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-07.2, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 20, Issue 9, eff. February 12, 2004; repealed, Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-350

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

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

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

2. Lake Chesdin from its dam upstream to where the Route 360 bridge (Goodes Bridge) crosses the Appomattox River, including all tributaries to their headwaters that enter between the dam and the Route 360 bridge; (Repealed.)

3. South Fork Rivanna Reservoir and all tributaries of the impoundment upstream to their headwaters; (Repealed.)

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

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

6. through 20. (Repealed.)

7. (Repealed.)

8. (Repealed.)

9. (Repealed.)

10. (Repealed.)

11. (Repealed.)

12. (Repealed.)

13. (Repealed.)

14. (Repealed.)

15. (Repealed.)

16. (Repealed.)

17. (Repealed.)

18. (Repealed.)

19. (Repealed.)

20. (Repealed.)

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

22. Stony Creek from its confluence with the North Fork Shenandoah River to its headwaters including all named and unnamed tributaries to their headwaters. (Repealed.)

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

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

Statutory Authority

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

Historical Notes

Derived from VR680-21-07.3-3, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998; amended, Virginia Register Volume 16, Issue 17, eff. June 7, 2000; Volume 21, Issue 23, eff. June 24, 2005; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-360

Part IX
River Basin Section Tables

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

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

Figure 2.

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

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

Statutory Authority

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

Historical Notes

Derived from VR680-21-08.1, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-380

9VAC25-260-380. Special standards column.

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

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

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

D. Other special standards or designations.

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

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

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

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

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-08.3, eff. May 20, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 20, Issue 9, eff. February 12, 2004; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-390

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

Potomac River Subbasin

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

II

a

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

1a

III

ee ]

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

 

VII

 

Swamp waters in Section 1a

 

 

 

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

1b

III

b,NEW-12

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

1c

III

PWS,b, NEW-12

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

2

II

a,NEW-14

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

2a

III

NEW-14

Free flowing portions of Upper Machodoc Creek and its tributaries.

3

II

b,NEW-12

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

4

II

b,d,NEW-6

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

4a

III

b,d,NEW-6

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

4b

III

PWS,b,d,NEW-6

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

5

II

b

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

5a

III

b

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

5b

III

PWS,b

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

6

II

b, y, NEW-7,8,9,10,11,13

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

7

III

b,NEW-7,8,9,10,11,13

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

7a

III

g

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

7b

III

PWS,g

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

7c

III

PWS,g

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

7d

 

 

(Deleted)

7e

III

PWS,g

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

7f

III

PWS,g

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

7g

III

PWS,g

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

7h

III

PWS,g

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

8

III

PWS

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

8a

VI

PWS

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

 

iii

 

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

8b

III

PWS

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

8c

III

PWS

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

9

III

 

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

9a

III

PWS

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

9b

III

PWS

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

9c

III

PWS

Unnamed tributary to Goose Creek, from Camp Highroad's (inactive-late 1980's) raw water intake (Loudoun County) located in an old quarry [ (at latitude 39°02'02"; longitude 77°40'49") ] to its headwaters.

9d

III

PWS

Sleeter Lake (Loudoun County).

10

III

 

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

10a

III

PWS

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

10b

III

 

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

11

IV

pH-6.5-9.5

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

 

V

pH-6.5-9.5

 Stockable Trout Waters in Section 11

 

***

pH-6.5-9.5

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

 

***

pH-6.5-9.5

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

 

***

hh

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

 

vi

pH-6.5-9.5 

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

 

vi

pH-6.5-9.6

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

 

VI

pH-6.5-9.5

Natural Trout Waters in Section 11

 

ii

pH-6.5-9.5

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

 

iii

pH-6.5-9.5

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

11a

IV

pH-6.5-9.5

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

 

V

pH-6.5-9.5

Stockable Trout Waters in Section 11a

 

vi

pH-6.5-9.5

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

12

IV

pH-6.5-9.5 ESW-6

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

 

V

 

Stockable Trout Waters in Section 12

 

vi

 

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

 

vii

pH-6.5-9.5

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

 

VI

 

Natural Trout Waters in Section 12

 

ii

 

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

 

ii

 

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

 

ii

 

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

 

ii

 

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

 

iii

pH-6.5-9.5

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

 

ii

 

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

 

ii

 

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

 

ii

 

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

 

ii

 

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

 

ii

 

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

 

iii

pH-6.5-9.5

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

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-08.4, eff. May 20, 1992; amended, Virginia Register Volume 13, Issue 12, eff. April 2, 1997; Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 20, Issue 9, eff. February 12, 2004; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-400

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

Shenandoah River Subbasin

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

IV

pH-6.5-9.5

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

1a

IV

PWS pH-6.5-9.5

Shenandoah River and its tributaries from river mile 24.66 (latitude 39°16'19"; longitude 77°54'33") approximately 0.7 mile downstream of the confluence of the Shenandoah River and Dog Run to 5 miles above Berryville's raw water intake [ (latitude 39°05'56"; longitude 77°58'31") ], unless otherwise designated in this chapter.

 

V

pH-6.5-9.5

Stockable Trout Waters in Section 1a

 

vi

pH-6.5-9.5

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

 

vi

pH-6.5-9.5

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

1b

 

 

(Deleted)

1c

IV

pH-6.5-9.5

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

 

VI

pH-6.5-9.5

Natural Trout Waters in Section 1c

 

iii

pH-6.5-9.5

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

 

***

pH-6.5-9.5

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

 

iii

pH-6.5-9.5

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

 

***

pH-6.5-9.5

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

1d

 

 

(Note: Moved to section 2 b).

2

IV

pH-6.5-9.5 EWS-12.14.15

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

 

V

pH-6.5-9.5

Stockable Trout Waters in Section 2

 

vii

pH-6.5-9.5

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

 

vi

pH-6.5-9.5

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

 

***

pH-6.5-9.5

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

 

***

pH-6.5-9.5, hh

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

 

VI

pH-6.5-9.5

Natural Trout Waters in Section 2

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

 

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

 

iii

pH-6.5-9.5

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

 

ii

 

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

 

***

pH-6.5-9.5

Cub Run from its mouth to Pitt Spring Run.

 

i

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

i

pH-6.5-9.5

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

 

ii

 

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

 

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

 

ii

 

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

 

ii

pH-6.5-9.5

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

 

iv

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

2a

IV

PWS, pH-6.5-9.5

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

2b

IV

PWS

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

2c

 

 

(Deleted)

2d

 

 

(Deleted)

 

V

pH-6.5-9.5

Stockable Trout Waters in Section 2d

 

vii

 

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

 

VI

pH-6.5-9.5

Natural Trout Waters in Section 2d

 

ii

 

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

 

ii

 

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

 

ii

 

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

 

i

 

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

 

ii

 

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

 

ii

 

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

 

iv

 

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

 

ii

 

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

3

IV

pH-6.5-9.5, ESW-16

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

 

V

pH-6.5-9.5

Stockable Trout Waters in Section 3

 

vi

pH-6.5-9.5

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

 

vi

pH-6.5-9.5

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

 

vi

pH-6.5-9.5

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

 

VI

pH-6.5-9.5

Natural Trout Waters in Section 3

 

i

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

iii

pH-6.5-9.5

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

 

iv

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

iii

 

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

 

ii

 

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

 

iv

 

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

 

ii

 

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

 

iv

pH-6.5-9.5

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

 

iii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

i

pH-6.5-9.5

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

 

iv

 

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

 

ii

pH-6.5-9.5

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

 

ii

 

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

 

ii

pH-6.5-9.5

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

 

iv

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

iii

pH-6.5-9.5

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

 

iii

 

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

 

i

pH-6.5-9.5

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

 

iv

pH-6.5-9.5

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

 

iv

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

3a

IV

pH-6.5-9.5

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

3b

IV

PWS pH-6.5-9.5

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

 

VI

PWS

Natural Trout Waters in Section 3b

 

ii

pH-6.5-9.5

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

 

ii

 

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

3c

IV

PWS pH-6.5-9.5

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

4

IV

pH-6.5-9.5

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

 

V

pH-6.5-9.5

Stockable Trout Waters in Section 4

 

v

pH-6.5-9.5

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

 

***

pH-6.5-9.5

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

 

vi

pH-6.5-9.5

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

 

VI

 

Natural Trout Waters in Section 4

 

iv

 

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

 

ii

 

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

 

iv

 

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

 

iv

 

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

4a

IV

PWS pH-6.5-9.5

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

5

IV

pH-6.5-9.5

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

 

V

pH-6.5-9.5

Stockable Trout Waters in Section 5

 

v

pH-6.5-9.5 

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

 

v

pH-6.5-9.5

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

 

VI

pH-6.5-9.5

Natural Trout Waters in Section 5

 

iv

 

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

 

ii

 

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

 

iii

 

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

 

iv

 

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

 

iii

 

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

 

iv

 

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

 

iv

 

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

 

iv

 

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

 

iv

 

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

 

iii

 

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

 

ii

 

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

 

iv

 

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

5a

IV

PWS pH-6.5-9.5

Silver Lake

5b

IV

PWS pH-6.5-9.5

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

 

V

PWS pH-6.5-9.5

Stockable Trout Waters in Section 5b

 

v

pH-6.5-9.5

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

 

v

pH-6.5-9.5

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

5c

IV

PWS pH-6.5-9.5

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

 

V

PWS

Stockable Trout Waters in Section 5c

 

viii

pH-6.5-9.5

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

 

VI

PWS

Natural Trout Waters in Section 5c

 

iv

pH-6.5-9.5

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

 

iv

 

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

 

iv

 

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

 

iv

 

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

5d

VI

pH-6.5-9.5

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

 

VI

pH-6.5-9.5

Natural Trout Waters in Section 5d

 

iv

 

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

 

ii

 

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

 

ii

 

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

 

ii

 

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

 

iv

 

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

 

iii

 

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

 

iv

 

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

5e

VI

PWS pH-6.5-9.5

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

 

VI

 

Natural Trout Waters in Section 5e

 

iv

 

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

6

IV

pH-6.5-9.5 NEW-22

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

 

V

pH-6.5-9.5

Stockable Trout Waters in Section 6

 

vi

pH-6.5-9.5

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

 

***

 

Stony Creek from Route 685 above Edinburg upstream to Basye.

 

vi

pH-6.5-9.5

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

 

vi

pH-6.5-9.5

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

 

vi

pH-6.5-9.5

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

 

vi

pH-6.5-9.5

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

 

***

pH-6.5-9.5, hh

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

 

vi

pH-6.5-9.5

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

 

***

pH-6.5-9.5

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

 

vi

pH-6.5-9.5

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

 

vi

pH-6.5-9.5

Peters Mill Run from the mouth to its headwaters.

 

***

pH-6.5-9.5

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

 

 v

pH-6.5-9.5

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

***

*** 

pH-6.5-9.5

Stony Creek from Route 682 above Edinburg upstream to Basye.

 

VI

pH-6.5-9.5

Natural Trout Waters in Section 6

 

ii

pH-6.5-9.5

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

 

iv

 

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

 

iii

 

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

 

ii

 

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

 

iv

 

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

 

iv

 

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

 

iv

 

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

 

iv

 

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

 

ii

 

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

 

ii

 

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

 

iv

 

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

 

iii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

iv

pH-6.5-9.5

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

 

iv

 

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

 

iv

 

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

 

iv

 

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

 

iv

pH-6.5-9.5

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

 

iv

pH-6.5-9.5

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

6a

IV

PWS pH-6.5-9.5

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

 

V

PWS pH-6.5-9.5

Stockable Trout Waters in Section 6a

 

vi

pH-6.5-9.5

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

6b

IV

PWS pH-6.5-9.5

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

 

V

PWS pH-6.5-9.5

Stockable Trout Waters in Section 6b

 

***

pH-6.5-9.5

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

 

v

PWS pH-6.5-9.5

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

 

VI

PWS pH-6.5-9.5

Natural Trout Waters in Section 6b

 

iii

pH-6.5-9.5

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

 

ii

pH-6.5-9.5

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

 

 

 

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

 

***

 

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

 

vi**

 

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

 

iii

pH-6.5-9.5

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

6c

IV

PWS pH-6.5-9.5

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

6d

IV

PWS pH-6.5-9.5

North Fork Shenandoah River and its tributaries from Woodstock's raw water intake (approximately 1/4 mile upstream of State Route 609 bridge near Woodstock) to points 5 miles upstream.

6e

IV

PWS pH-6.5-9.5

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

 

 

 

Natural Trout Waters in Section 6e

 

iv

pH-6.5-9.5

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

6f

IV

PWS pH-6.5-9.5

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

6g

IV

pH-6.5-9.5

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

 

V

pH-6.5-9.5

Stockable Trout Waters in Section 6g

 

***

 

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

 

VI

pH-6.5-9.5

Natural Trout Waters in Section 6g

 

iv

 

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

 

iv

 

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

6h

IV

PWS pH-6.5-9.5

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

6i

IV

PWS pH-6.5-9.5

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

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-08.5, eff. December 5, 1990; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Errata, 14:12 VA.R. 1937 March 2, 1998; amended, Volume 16, Issue 17, eff. June 7, 2000; Volume 20, Issue 9, eff. February 12, 2004; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-410

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

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION


1

II

a,z, bb NEW-19, ESW-11

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

1a

III

NEW-19

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

 

VII

 

Swamp waters in Section 1a

 

 

 

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

1b

II

a,z, NEW-19

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

1c

III

NEW-19

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

1d

II

a,z, NEW-19

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

1e

III

NEW-19

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

1f

II

a,NEW-19

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

1g

III

NEW-19

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

1h

III

PWS,NEW-19

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

 

VII

 

Swamp waters in Section 1h

 

 

 

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

1i

III

NEW-19

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

1j

 

 

(Deleted)

1k

III

PWS,NEW-19

Skiffes Creek Reservoir (Newport News water impoundment).

1l

III

PWS,NEW-19

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

1m

III

PWS,NEW-19

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

1n

III

PWS,NEW-19

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

1o

II

PWS,NEW-18, bb

James River from City Point (Hopewell) to a point 5 miles above American Tobacco Company's raw water intake.

1p

III

PWS,NEW-18bb , ]

Free flowing tributaries to section 1o.

2

III

NEW-18, 19

Free flowing tributaries of the James River from Buoy 64 to Brandon and free flowing tributaries of the Chickahominy River to Walkers Dam, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 2

 

 

 

Morris Creek and its tributaries from the head of tide at river mile 5.97 upstream to its headwaters.

2a

III

PWS,NEW-18

Diascund Creek and its tributaries from Newport News' raw water intake dam to its headwaters.

2b

III

PWS,NEW-18

Little Creek Reservoir and its tributaries from the City of Newport News impoundment dam to 5 miles upstream of the raw water intake.

3

III

m,NEW-18

Chickahominy River and its tributaries from Walkers Dam to Bottoms Bridge (Route 60 bridge), unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 3

 

 

 m

Chickahominy River from its confluence with Toe Ink Swamp at river mile 43.07 upstream to Bottoms Bridge (Route 60).

 

 

m

White Oak Swamp and its tributaries from its confluence with the Chickahominy River to their headwaters.

3a

III

PWS,m, NEW-18

Chickahominy River [ and its tributaries ] from Walkers Dam to [ a point points ] 5 miles upstream.

4

III

m

Chickahominy River and its tributaries, unless otherwise designated in this chapter, from Bottoms Bridge (Route 60 bridge) to its headwaters.

 

VII

 

Swamp waters in Section 4

 

 

m

Chickahominy River from Bottoms Bridge (Route 60) upstream to its confluence with Stony Run at rivermile 71.03.

 [ 5 4a ]

III

 

Free flowing tributaries to the James River from Brandon to the fall line at Richmond, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section  [ 5  4a ]

 

 

 

Fourmile Creek and its tributaries to their headwaters.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-08.6, eff. May 25, 1988; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 20, Issue 9, eff. February 12, 2004.

Amended, Virginia Register Volume 22, Issue 11, eff. January 12, 2006; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-415

9VAC25-260-415. James River Basin (Lower) (Appomattox River Basin Subbasin).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

5

II

NEW-18

Appomattox River and its tidal tributaries from its confluence with the James River to the end of tidal waters.

5a

II

PWS, NEW-18

Appomattox River and its tidal tributaries from its mouth to 5 miles upstream of the Virginia-American Water Company's raw water intake.

5b

III

PWS, NEW-18

Free flowing tributaries to section 2a 5a.

5c

III

NEW-2

Appomattox River from the head of tidal waters, and free flowing tributaries to the Appomattox River, to their headwaters, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 5c

 

 

 

Skinquarter Creek from its confluence with the Appomattox River upstream to river mile 5.27.

 

 

 

Deep Creek from the confluence with Winningham Creek downstream to the confluence of Little Creek, a distance of .54 river miles.

5d

III

 

Swift Creek and its tributaries from the dam at Pocahontas State Park upstream to Chesterfield County's raw water impoundment dam.

5e

III

PWS

Swift Creek and its tributaries from Chesterfield County's raw water impoundment dam to points 5 miles upstream.

5f

III

PWS,NEW-2

Appomattox River and its tributaries from Appomattox River Water Authority's raw water intake located at the dam at Lake Chesdin to the headwaters of the lake.

 

VII

 

Swamp waters in Section 5f

 

 

 

Winticomack Creek from its confluence with the Appomattox River to its headwaters including unnamed tributaries at river miles 1.92, 3.15, 8.77, and 11.16.

 

 

 

Winterpock Creek and its tributaries (excluding Surline Branch) from its confluence with Lake Chesdin upstream to river mile 8.47.

5g

III

PWS

The Appomattox River and its tributaries from Farmville's raw water intake (approximately 2.5 miles above the Route 15/45 bridge) to points 5 miles upstream.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 9, eff. February 12, 2004; amended, Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-420

9VAC25-260-420. James River Basin (Middle).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

6

III

 

James River and its tributaries from the fall line at Richmond (Mayo's Bridge, 14th Street) to the Rockfish River unless otherwise designated in this chapter.

7

III

NEW-18

Free flowing tributaries to the James River from Brandon to the fall line at Richmond, unless otherwise designated in this chapter. (Deleted)

7a

 

 

(Deleted)

8

III

 

James River and its tributaries from the low water dam above 14th Street Bridge to Richmond's raw water intake at Williams Island Dam.

9

III

PWS,n

James River and its tributaries, unless otherwise designated in this chapter, from Richmond's raw water intake at Douglasdale Road, inclusive of the Williams Island Dam intake, the Henrico County raw water intake [ (at latitude 37°33'32"; longitude 77°37'16") ] and the Benedictine Society's raw water intake [ (latitude 37°34'33"; longitude 77°40'39") ] to river mile 127.26 (at latitude 37°35'24"; longitude 77°42'33") near public landing site.

9a

III

PWS,o

Tuckahoe Creek and its tributaries from its confluence with the James River to its headwaters.

 

VII

 

Swamp waters in Section 9a

 

 

 

Tuckahoe Creek from its confluence with Little Tuckahoe Creek to the confluence with the James River.

10

III

NEW-3

James River and its tributaries from a point at latitude 37°40'32"; longitude 77°54'08" to, and including the Rockfish River, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 10

 

vii

 

Lynch River from the upper Route 810 crossing near the intersection of Route 628 2.9 miles upstream (to Ivy Creek).

 

***

 

Rockfish Creek from its confluence with the South Fork Rockfish River to its headwaters.

 

VI

 

Natural Trout Waters in Section 10

 

ii

 

Doyles River from 6.4 miles above its confluence with Moormans River above Browns Cove at Route 629 including all named and unnamed tributaries.

 

iii

 

Fork Hollow from its confluence with Ivy Creek upstream including all named and unnamed tributaries.

 

iii

 

Ivy Creek (Greene County) from its confluence with the Lynch River upstream including all named and unnamed tributaries.

 

ii

 

Jones Falls Run from its confluence with Doyles River upstream including all named and unnamed tributaries.

 

ii

 

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

 

iv

 

Mill Creek (Nelson County) from its confluence with Goodwin Creek upstream including all named and unnamed tributaries.

 

ii

 

Mutton Hollow from its confluence with Swift Run upstream including all named and unnamed tributaries.

 

iv

 

Pauls Creek (Nelson County) from 1.3 miles above its confluence with the North Fork Rockfish River upstream including all named and unnamed tributaries.

 

iv

 

Rodes Creek from its confluence with Goodwin Creek upstream including all named and unnamed tributaries.

 

ii

 

South Fork Rockfish River from 8 miles above its confluence with the Rockfish River upstream including all named and unnamed tributaries.

 

ii

 

Spruce Creek (Nelson County) from 1.5 miles above its confluence with the South Fork Rockfish River upstream including all named and unnamed tributaries.

 

ii

 

Stony Creek (Nelson County) from 1 mile above its confluence with the South Fork Rockfish River upstream including all named and unnamed tributaries.

 

ii

 

Swift Run from 14.5 miles above its confluence with the North Fork Rivanna River upstream including all named and unnamed tributaries.

10a

III

PWS

James River at river mile 127.26 near the public landing site and its tributaries from, and including, Little River to 5 miles above State Farm's raw water intake [ (N37°40'32"/W77°54'09") ], including Beaverdam and Courthouse Creeks, to their headwaters.

10b

 

 

(Deleted.)

10c

III

 

Willis River and its tributaries within Cumberland State Forest.

10d

III

PWS

Johnson Creek above the Schuyler (Nelson County Service Authority) raw water intake to its headwaters.

10e

III

PWS

Totier Creek and its tributaries from the Scottsville (Rivanna Water and Sewer Authority) raw water intake to their headwaters (including the Reservoir).

10f

III

 

Powell Creek and its tributaries from its confluence with the Rivanna River upstream to their headwaters.

10g

III

PWS,NEW-3

Beaver Creek and its tributaries from the Crozet (Rivanna Water and Sewer Authority) raw water intake upstream to their headwaters (including the reservoir).

10h

III

PWS,NEW-3

Mechums River and its tributaries from the Rivanna Water and Sewer Authority's raw water intake to points 5 miles upstream.

10i

III

PWS,NEW-3

Moormans River and its tributaries from the Rivanna Water and Sewer Authority's raw water intake to points 5 miles upstream (including Sugar Hollow Reservoir).

 

VI

 

Natural Trout Waters in Section 10i

 

ii

 

North Fork Moormans River from its confluence with Moormans River upstream including all named and unnamed tributaries.

 

ii

 

Pond Ridge Branch from its confluence with the North Fork Moormans River upstream including all named and unnamed tributaries.

 

iii

 

South Fork Moormans River from its confluence with Moormans River upstream including all named and unnamed tributaries.

10j

III

PWS,NEW-3

South Fork Rivanna River and its tributaries to their headwaters; except Ivy Creek, from the Rivanna Water and Sewer Authority's South Fork Rivanna River Dam to its confluence with the Moormans River, and Ivy Creek to a point 5 miles above the dam.

10k

III

PWS

James River and its tributaries from Fork Union Sanitary District's raw water intake (just below the Route 15 bridge) to points 5 miles upstream, including the Slate River to a point 5 miles above the intake.

10l

III

 

Lake Monticello in Fluvanna County.

10m

III

PWS

Rivanna River and its tributaries from the raw water intake for Lake Monticello (about 2.76 miles above the Route 600 bridge in Fluvanna County) to points 5 miles upstream.

10n

III

PWS

Ragged Mountain Reservoir (intake for the Rivanna Water and Sewer Authority) including its tributaries to their headwaters.

10o

III

PWS

The North Fork Rivanna River and its tributaries from the Rivanna Water and Sewer Authority's raw water intake (approximately 1/4 mile upstream of the U. S. Route 29 bridge north of Charlottesville) to points 5 miles upstream.

10p

III

PWS

Troublesome Creek in Buckingham County from Buckingham County's raw water intake point at a flood control dam south of the Route 631 bridge to a point 5 miles upstream.

10q

III

PWS

Allen Creek and its tributaries from the Wintergreen Mountain Village's primary raw water intake at Lake Monocan [ at latitude 37°54'15"; longitude 78°52'10" ] to a point upstream at latitude 37°53'59"; longitude 78°53'14".

10r

III

PWS

Stony Creek from the diversion structure at latitude 37°54'00"; longitude 78°53'47" to its headwaters inclusive of the Stony Creek raw water intake just upstream of the Peggy's Pinch booster pump station.

10s

III

PWS

Mechunk Creek and its tributaries from the Department of Corrections raw water intake (at the US Route 250 bridge [ 37°58'57.6", 78°18'48.1" ] ) to points 5 miles upstream.

11

III

ESW-7, 8, 22, 23, 24, 25, 26, 27

James River and its tributaries from, but not including, the Rockfish River to Balcony Falls, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 11

 

vi

 

Dancing Creek from the junction of Routes 610 and 641 to its headwaters.

 

vi

 

North Fork Buffalo River from its confluence with the Buffalo River 1.8 miles upstream.

 

vi

 

Pedlar River from the confluence of Enchanted Creek to Lynchburg's raw water intake.

 

vi

 

Terrapin Creek from its confluence with Otter Creek to its headwaters.

 

***

 

Tye River from Tyro upstream to its confluence with the South and North Fork Tye Rivers.

 

VI

 

Natural Trout Waters in Section 11

 

ii

 

Big Branch from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Bluff Creek from its confluence with Enchanted Creek upstream including all named and unnamed tributaries.

 

ii

 

Browns Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Campbell Creek (Nelson County) from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

ii

 

Cove Creek from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.

 

ii

 

Coxs Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

ii

 

Crabtree Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Crawleys Creek from its confluence with the Piney River upstream including all named and unnamed tributaries.

 

ii

 

Cub Creek (Nelson County) from 1.4 miles above its confluence with the Tye River (in the vicinity of Route 699), upstream including all named and unnamed tributaries.

 

ii

 

Davis Mill Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Durham Run from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Elk Pond Branch from its confluence with the North Fork Piney River upstream including all named and unnamed tributaries.

 

ii

 

Enchanted Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Georges Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.

 

ii

 

Greasy Spring Branch from its confluence with the South Fork Piney River upstream including all named and unnamed tributaries.

 

ii

 

Harpers Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

ii

 

King Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.

 

ii

 

Lady Slipper Run from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Little Cove Creek from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.

 

iii

 

Little Irish Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Little Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.

 

i

 

Louisa Spring Branch from its confluence with the North Fork Piney River 1.6 miles upstream.

 

ii

 

Maidenhead Branch from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Meadow Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Mill Creek (Nelson County) from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Mill Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Nicholson Run from its confluence with Lady Slipper Run upstream including all named and unnamed tributaries.

 

ii

 

North Fork Buffalo River from 1.8 miles above its confluence with the Buffalo River upstream including all named and unnamed tributaries.

 

i

 

North Fork Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.

 

iii

 

North Fork Thrashers Creek from its confluence with Thrashers Creek upstream including all named and unnamed tributaries.

 

 

 

North Fork Tye River from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

iii

 

(North Fork Tye River from its confluence with the Tye River 1.6 miles upstream.)

 

ii

 

(North Fork Tye River from 1.6 miles above its confluence with the Tye River 8.3 miles upstream.)

 

iii

 

Pedlar River from 5 miles above Lynchburg's raw water intake upstream including all named and unnamed tributaries.

 

ii

 

Piney River from river mile 13.3 upstream including all named and unnamed tributaries.

 

ii

 

Pompey Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.

 

ii

 

Reed Creek from the junction of Routes 764 and 638 upstream including all named and unnamed tributaries.

 

ii

 

Rocky Branch from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.

 

ii

 

Rocky Run (Nelson County) from 1.6 miles above its confluence with the Tye River upstream including all named and unnamed tributaries.

 

i

 

Shoe Creek (Nelson County) from its confluence with Piney River upstream including all named and unnamed tributaries.

 

iii

 

Silver Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

ii

 

South Fork Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.

 

ii

 

South Fork Tye River from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

ii

 

Statons Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

iii

 

Wheelers Run from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

White Rock Creek (Nelson County) from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Wiggins Branch from its confluence with Statons Creek upstream including all named and unnamed tributaries.

11a

III

PWS

Unnamed tributary to Williams Creek from Sweet Briar College's (inactive) raw water intake to its headwaters.

11b

III

PWS

Buffalo River and its tributaries from Amherst's raw water intake to points 5 miles upstream.

11c

III

PWS

Black Creek and its tributaries from the Nelson County Service Authority intakeat latitude N37°42'41.64"; longitude W78°57'10.09" ] (approximately 1000 feet downstream of the Route 56 bridge) upstream to their headwaters (including the reservoir).

11d

III

 

James River and its tributaries from a point 0.25 mile above the confluence of the Tye River to Six Mile Bridge.

11e

III

 

James River and its tributaries, excluding Blackwater Creek, from Six Mile Bridge to the Business Route 29 bridge in Lynchburg.

11f

 

 

(Deleted)

11g

III

PWS

James River and its tributaries from the Business Route 29 bridge in Lynchburg to Reusens Dam to include the City of Lynchburg's alternate raw water intake at the Route 29 bridge and the Amherst County Service Authority's intake on Harris and Graham Creeks.

11h

III

PWS

James River and its tributaries, excluding the Pedlar River, from Reusens Dam to Coleman Dam, including the Eagle Eyrie raw water intake on an unnamed tributary to Judith Creek 1.0 mile from the confluence with Judith Creek, to its headwaters, and also the City of Lynchburg's raw water intake on the James River at Abert.

11i

III

PWS,ESW-5, 8, 2, 23

Pedlar River and its tributaries from Lynchburg's raw water intake to points 5 miles upstream.

 

V

 

Stockable Trout Waters in Section 11i

 

vi

 

Pedlar River from Lynchburg's raw water intake to a point 5 miles upstream.

 

VI

 

Natural Trout Waters in Section 11i

 

ii

 

Brown Mountain Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

iii

 

Roberts Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

11j

III

 

James River and its tributaries from the Owens-Illinois raw water intake near Big Island to Balcony Falls.

 

V

 

Stockable Trout Waters in Section 11j

 

vi

 

Battery Creek from its confluence with the James River to its headwaters.

 

vi

 

Cashaw Creek from its confluence with the James River to its headwaters.

 

vi

 

Otter Creek from its confluence with the James River to a point 4.9 miles upstream.

 

vi

 

Rocky Row Run from its confluence with the James River to its headwaters.

 

VI

 

Natural Trout Waters in Section 11j

 

iii

 

Falling Rock Creek from its confluence with Peters Creek upstream including all named and unnamed tributaries.

 

ii

 

Hunting Creek from a point 3.7 miles from its confluence with the James River upstream including all named and unnamed tributaries.

 

iii

 

Otter Creek from 4.9 miles above its confluence with the James River upstream including all named and unnamed tributaries.

 

ii

 

Peters Creek from a point 0.2 mile above its confluence with the James River upstream including all named and unnamed tributaries.

11k

 

 

(Deleted)

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-08.7, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 20, Issue 9, eff. February 12, 2004; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-430

9VAC25-260-430. James River Basin (Upper).

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

11

III

 

James River and its tributaries from, but not including, the Rockfish River to Balcony Falls, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 11

 

vi

 

Dancing Creek from the junction of Routes 610 and 641 to its headwaters.

 

vi

 

North Fork Buffalo River from its confluence with the Buffalo River 1.8 miles upstream.

 

vi

 

Pedlar River from the confluence of Enchanted Creek to Lynchburg's raw water intake.

 

vi

 

Terrapin Creek from its confluence with Otter Creek to its headwaters.

 

***

 

Tye River from Tyro upstream to its confluence with the South and North Fork Tye Rivers.

 

VI

 

Natural Trout Waters in Section 11

 

ii

 

Big Branch from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Bluff Creek from its confluence with Enchanted Creek upstream including all named and unnamed tributaries.

 

ii

 

Browns Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Campbell Creek (Nelson County) from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

ii

 

Cove Creek from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.

 

ii

 

Coxs Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

ii

 

Crabtree Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Crawleys Creek from its confluence with the Piney River upstream including all named and unnamed tributaries.

 

ii

 

Cub Creek (Nelson County) from 1.4 miles above its confluence with the Tye River (in the vicinity of Route 699), upstream including all named and unnamed tributaries.

 

ii

 

Davis Mill Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Durham Run from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Elk Pond Branch from its confluence with the North Fork Piney River upstream including all named and unnamed tributaries.

 

ii

 

Enchanted Creek from its confluence with the Pedlar River upstream upstream including all named and unnamed tributaries.

 

ii

 

Georges Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.

 

ii

 

Greasy Spring Branch from its confluence with the South Fork Piney River upstream including all named and unnamed tributaries.

 

ii

 

Harpers Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

ii

 

King Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.

 

ii

 

Lady Slipper Run from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Little Cove Creek from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.

 

iii

 

Little Irish Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

Little Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.

 

i

 

Louisa Spring Branch from its confluence with the North Fork Piney River 1.6 miles upstream.

 

ii

 

Maidenhead Branch from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Meadow Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Mill Creek (Nelson County) from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Mill Creek (Nelson County) from its confluence with the South Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Nicholson Run from its confluence with Lady Slipper Run upstream including all named and unnamed tributaries.

 

ii

 

North Fork Buffalo River from 1.8 miles above its confluence with the Buffalo River upstream including all named and unnamed tributaries.

 

i

 

North Fork Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.

 

iii

 

North Fork Thrashers Creek from its confluence with Thrashers Creek upstream including all named and unnamed tributaries.

 

 

 

North Fork Tye River from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

iii

 

(North Fork Tye River from its confluence with the Tye River 1.6 miles upstream.)

 

ii

 

(North Fork Tye River from 1.6 miles above its confluence with the Tye River 8.3 miles upstream.)

 

iii

 

Pedlar River from 5 miles above Lynchburg's raw water intake upstream including all named and unnamed tributaries.

 

ii

 

Piney River from river mile 13.3 upstream including all named and unnamed tributaries.

 

ii

 

Pompey Creek from its confluence with the Little Piney River upstream including all named and unnamed tributaries.

 

ii

 

Reed Creek from the junction of Routes 764 and 638 upstream including all named and unnamed tributaries.

 

ii

 

Rocky Branch from its confluence with the North Fork Buffalo River upstream including all named and unnamed tributaries.

 

ii

 

Rocky Run (Nelson County) from 1.6 miles above its confluence with the Tye River upstream including all named and unnamed tributaries.

 

i

 

Shoe Creek (Nelson County) from its confluence with Piney River upstream including all named and unnamed tributaries.

 

iii

 

Silver Creek from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

ii

 

South Fork Piney River from its confluence with the Piney River upstream including all named and unnamed tributaries.

 

ii

 

South Fork Tye River from its confluence with the Tye River upstream including all named and unnamed tributaries.

 

ii

 

Statons Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

iii

 

Wheelers Run from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

ii

 

White Rock Creek (Nelson County) from its confluence with the North Fork Tye River upstream including all named and unnamed tributaries.

 

ii

 

Wiggins Branch from its confluence with Statons Creek upstream including all named and unnamed tributaries.

11a

III

PWS

Unnamed tributary to Williams Creek from Sweet Briar College's (inactive) raw water intake to its headwaters.

11b

III

PWS

Buffalo River and its tributaries from Amherst's raw water intake to points 5 miles upstream.

11c

III

PWS

Black Creek and its tributaries from the Nelson County Service Authority intake at latitude 37°42'41.64"; longitude 78°57'10.09" (approximately 1000 feet downstream of the Route 56 bridge) upstream to their headwaters (including the reservoir).

11d

III

 

James River and its tributaries from a point 0.25 mile above the confluence of the Tye River to Six Mile Bridge.

11e

III

 

James River and its tributaries, excluding Blackwater Creek, from Six Mile Bridge to the Business Route 29 bridge in Lynchburg.

11f

 

 

(Deleted)

11g

III

PWS

James River and its tributaries from the Business Route 29 bridge in Lynchburg to Reusens Dam to include the City of Lynchburg's alternate raw water intake at the Route 29 bridge and the Amherst County Service Authority's intake on Harris and Graham Creeks.

11h

III

PWS

James River and its tributaries, excluding the Pedlar River, from Reusens Dam to Coleman Dam, including the Eagle Eyrie raw water intake on an unnamed tributary to Judith Creek 1.0 mile from the confluence with Judith Creek, to its headwaters, and also the City of Lynchburg's raw water intake on the James River at Abert.

11i

III

PWS

Pedlar River and its tributaries from Lynchburg's raw water intake to points 5 miles upstream.

 

V

 

Stockable Trout Waters in Section 11i

 

vi

 

Pedlar River from Lynchburg's raw water intake to a point 5 miles upstream.

 

VI

 

Natural Trout Waters in Section 11i

 

ii

 

Brown Mountain Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

 

iii

 

Roberts Creek from its confluence with the Pedlar River upstream including all named and unnamed tributaries.

11j

III

 

James River and its tributaries from the Owens-Illinois raw water intake near Big Island to Balcony Falls.

 

V

 

Stockable Trout Waters in Section 11j

 

vi

 

Battery Creek from its confluence with the James River to its headwaters.

 

vi

 

Cashaw Creek from its confluence with the James River to its headwaters.

 

vi

 

Otter Creek from its confluence with the James River to a point 4.9 miles upstream.

 

vi

 

Rocky Row Run from its confluence with the James River to its headwaters.

 

VI

 

Natural Trout Waters in Section 11j

 

iii

 

Falling Rock Creek from its confluence with Peters Creek upstream including all named and unnamed tributaries.

 

ii

 

Hunting Creek from a point 3.7 miles from its confluence with the James River upstream including all named and unnamed tributaries.

 

iii

 

Otter Creek from 4.9 miles above its confluence with the James River upstream including all named and unnamed tributaries.

 

ii

 

Peters Creek from a point 0.2 mile above its confluence with the James River upstream including all named and unnamed tributaries.

11k

 

 

(Deleted)

12

IV

ESW-4,9,19,20, 21,gg ]

James River and its tributaries from Balcony Falls to their headwaters, unless otherwise designated in this chapter. (The Maury River and its tributaries between its confluence with the James River upstream to its headwaters (the confluence of the Calfpasture and Little Calfpasture Rivers) and the tributaries within this section to their headwaters have a special pH standard of 6.5-9.5 due to natural conditions.)

 

V

 

Stockable Trout Waters in Section 12

 

vi

 

Alum Creek from its confluence with Brattons Creek 1.7 miles upstream.

 

vi

 

Back Creek (Highland County) from 37.1 miles above its confluence with the Jackson River 3.2 miles upstream.

 

vi

 

Back Run from its confluence with the James River 2.1 miles upstream.

 

vi

 

Borden Creek from its confluence with Catawba Creek to a point 1.7 miles upstream.

 

v

pH-6.5-9.5

Buffalo Creek (Rockbridge County) from the confluence with Colliers Creek 3 miles upstream.

 

v

 

Bullpasture River from the junction of the Cowpasture River and Route 678 to its headwaters.

 

vi

 

Cowpasture River (Highland County) from 75.4 miles above its confluence with the James River 2.7 miles upstream.

 

vi

 

Craig Creek from the confluence of Muddy Branch to its headwaters.

 

vi

 

Crush Run from its confluence with Catawba Creek to a point 2.8 miles upstream.

 

vi

 

Elk Creek from its mouth to 0.6 mile upstream.

 

vi

 

Elk Creek from 1.9 miles above its confluence with the James River 1.2 miles upstream.

 

vi

 

Ellis Run from its confluence with Back Creek in Botetourt County to a point 1.6 miles upstream.

 

v

 

Falling Spring Creek from its confluence with the Jackson River to its headwaters.

 

v

 

Jackson River from 1.8 miles above Route 39 (river mile 65.4) 12.2 miles upstream.

 

vi

 

Jackson River from 77.6 miles above its confluence with the James River to river mile 85.4.

 

***

 

Jackson River from river mile 89.2 to headwaters.

 

vi

 

Jennings Creek from the Norfolk and Western Railroad to the confluence of Yellowstone Branch.

 

viii

 

Jerrys Run from its confluence with Dunlap Creek to the C&O Railroad crossing.

 

***

 

Johns Creek (Craig County) from the junction of Routes 632 and 658 to Eliber Springs Branch.

 

vi

 

Lees Creek from its confluence with Catawba Creek to a point 2 miles upstream.

 

vi

 

McFalls Creek from its confluence with Jennings Creek to its headwaters.

 

vi

 

Mill Creek (Bath County) from 2.2 miles above its confluence with the Calfpasture River to its headwaters.

 

vi

 

Mill Creek from its confluence with Craig Creek to a point 2.1 miles upstream (Craig County).

 

vi

 

Miller Branch from its confluence with Tygers Creek to its headwaters.

 

vi

pH-6.5-9.5

North Buffalo Creek from its confluence with Buffalo Creek 2.8 miles upstream.

 

viii

 

Pads Creek from river mile 2.2 - 8.2 (6 miles), unless otherwise designated in this chapter.

 

vi

 

Pheasanty Run (Spring Run) from its confluence with the Cowpasture River 0.7 mile upstream.

 

v

 

Potts Creek from the junction of Route 614 upstream to Boiling Spring.

 

***

 

Potts Creek from the Craig County line to its headwaters.

 

v

 

Roaring Run from Route 615 to its headwaters.

 

vi

 

South Fork Pads Creek from its confluence with Pads Creek approximately to its headwaters.

 

vi

 

Spreading Spring Branch from its confluence with the James River to the intersection of Routes 635 and 630.

 

v

 

Sweet Springs Creek from its confluence with Dunlap Creek to the West Virginia state line.

 

vi

 

Trout Creek and all of its tributaries (except Pickles Branch) from its confluence with Craig Creek to their headwaters (including the tributaries' headwaters).

 

vii

 

Tygers Creek from its confluence with Dunlap Creek to its headwaters.

 

VI

 

Natural Trout Waters in Section 12

 

iv

 

Als Run from its confluence with Jerrys Run upstream including all named and unnamed tributaries.

 

ii

 

Back Creek from its confluence with the James River near Buchanan upstream including all named and unnamed tributaries.

 

ii

 

Barbours Creek from its confluence with Craig Creek upstream including all named and unnamed tributaries.

 

ii

 

Barney Run from its confluence with Mare Run upstream including all named and unnamed tributaries.

 

ii

 

Bear Hole Run from its confluence with Dry Run upstream including all named and unnamed tributaries.

 

ii

 

Bear Loop Branch from its confluence with Wilson Creek upstream including all named and unnamed tributaries.

 

ii

 

Beaver Run (Bath County) from its confluence with Back Creek upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Bennetts Run (Rockbridge County) from its confluence with the Maury River upstream including all named and unnamed tributaries.

 

iv

 

Benson Run from its confluence with the Cowpasture River upstream including all named and unnamed tributaries.

 

iii

 

Biggs Run from its confluence with Craig Creek upstream including all named and unnamed tributaries.

 

ii

 

Big Laurel Branch from its confluence with Johns Creek upstream including all named and unnamed tributaries.

 

ii

 

Big Lick Run from its confluence with Little Back Creek upstream including all named and unnamed tributaries.

 

iii

 

Big Run from its confluence with Little Back Creek upstream including all named and unnamed tributaries.

 

iv

 

Black Run (Augusta County) from its confluence with Smith Creek upstream including all named and unnamed tributaries.

 

ii

 

Blue Spring Run from its confluence with Potts Creek upstream including all named and unnamed tributaries.

 

iii

 

Blue Suck Branch from its confluence with Simpson Creek upstream including all named and unnamed tributaries.

 

iii

 

Bolar Run from its confluence with the Jackson River to Bolar Spring.

 

ii

 

Brattons Run from the confluence of Alum Creek upstream including all named and unnamed tributaries.

 

***

 

Broad Run from its junction with Routes 311 and 618 upstream including all named and unnamed tributaries.

 

ii

 

Cascades Creek from its confluence with Cedar Creek (Bath County) upstream including all named and unnamed tributaries.

 

ii

 

Castle Run from its confluence with the Jackson River upstream including all named and unnamed tributaries.

 

ii

 

Cast Steel Run from its confluence with Potts Creek upstream including all named and unnamed tributaries.

 

***

 

Cedar Creek from its confluence with the Jackson River to its confluence with Hot Springs Runfrom upstream to ] a spring on the west bank located downstream of Route 605.

 

ii

 

Cedar Creek (Rockbridge County) from 6.4 miles above its confluence with the James River upstream including all named and unnamed tributaries.

 

ii

 

Chestnut Run from its confluence with Jennings Creek upstream including all named and unnamed tributaries.

 

iii

 

Christleys Run from its confluence with Kempers Run upstream including all named and unnamed tributaries.

 

ii

 

Clayton Mill Creek from its confluence with the Calfpasture River upstream including all named and unnamed tributaries.

 

ii

 

Cornelius Creek from its confluence with North Creek upstream including all named and unnamed tributaries.

 

ii

 

Cove Branch from its confluence with Barbours Creek upstream including all named and unnamed tributaries.

 

ii

 

Cowardin Run from its confluence with Rowan Run upstream including all named and unnamed tributaries.

 

ii

 

Crab Run from its confluence with the Bullpasture River upstream including all named and unnamed tributaries.

 

ii

 

Crow Run from its confluence with Dunlap Creek upstream including all named and unnamed tributaries.

 

ii

 

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

 

iv

 

Davidson Run (Rockbridge County) from Route 501 upstream including all named and unnamed tributaries.

 

ii

 

Davis Run from Route 678 upstream including all named and unnamed tributaries.

 

iii

 

Downey Branch from its confluence with Blue Suck Branch upstream including all named and unnamed tributaries.

 

iv

 

Dry Run (Allegheny County) from the Covington City limits upstream including all named and unnamed tributaries.

 

ii

 

Dry Run (Bath County) from 1.5 miles above its confluence with the Cowpasture River upstream including all named and unnamed tributaries.

 

ii

 

Duffs Run from its confluence with the Bullpasture River upstream 1.0 miles.

 

ii

 

East Fork Elk Creek from 0.8 mile above its confluence with Elk Creek upstream including all named and unnamed tributaries.

 

ii

 

Eliber Springs Branch from its confluence with Johns Creek upstream including all named and unnamed tributaries.

 

ii

 

Ewin Run from its confluence with Potts Creek to the West Virginia state line.

 

ii

 

Falling Springs Creek from its confluence with the Jackson River to Route 220.

 

ii

 

Fallingwater Creek from its confluence with Jennings Creek upstream including all named and unnamed tributaries.

 

iv

 

Ferrol Creek from its confluence with the Little Calfpasture River upstream including all named and unnamed tributaries.

 

ii

 

Ford Run (Bath County) from its confluence with Back Creek upstream including all named and unnamed tributaries.

 

***

 

Fridleys Branch from its confluence with the Calfpasture River upstream including all named and unnamed tributaries.

 

iii

 

Furnace Branch from its confluence with Craig Creek upstream including all named and unnamed tributaries.

 

ii

 

Glover Run from its confluence with Allen Run upstream including all named and unnamed tributaries.

 

ii

 

Gochenour Branch from its confluence with Brattons Run upstream including all named and unnamed tributaries.

 

ii

 

Grannys Creek from its confluence with Johns Creek upstream including all named and unnamed tributaries.

 

***

 

Guys Run (Bath County) from its confluence with the Cowpasture River upstream including all named and unnamed tributaries.

 

ii

 

Guys Run (Rockbridge County) from its confluence with the Calfpasture River (at Camp Virginia, Route 39) upstream including all named and unnamed tributaries.

 

iii

 

Hays Creek from its confluence with Potts Creek upstream including all named and unnamed tributaries.

 

ii

 

Hidden Valley Spring from its confluence with the Jackson River 1.1 miles upstream.

 

ii

 

Hipes Branch from its confluence with Craig Creek upstream including all named and unnamed tributaries.

 

iv

 

Hite Hollow (Augusta County) from 0.8 miles above its mouth upstream including all named and unnamed tributaries.

 

***

 

Hypes Creek from Route 696 upstream including all named and unnamed tributaries.

 

iii

 

Indian Draft from its confluence with the Jackson River upstream including all named and unnamed tributaries.

 

ii

 

Jackson River from 5 miles above the City of Covington's raw water intake to the Gathright Dam.

 

ii

 

Jackson River from river mile 85.4 to river mile 89.2.

 

ii

 

Jennings Creek from the confluence of Yellowstone Branch upstream including all named and unnamed tributaries.

 

iv

 

Jerkemtight Branch from its confluence with the Calfpasture River upstream including all named and unnamed tributaries.

 

iv

 

Jerrys Run (Allegheny County) from the C&O railroad upstream including all named and unnamed tributaries.

 

iv

 

Jerrys Run (Augusta County) from its confluence with Ramseys Draft upstream including all named and unnamed tributaries.

 

ii

 

Johns Creek from the confluence of Eliber Springs Branch upstream including all named and unnamed tributaries.

 

ii

 

Jordan Run (Bath County) from its confluence with Thompson Creek upstream including all named and unnamed tributaries.

 

ii

 

Karnes Creek from a point 1.4 miles upstream of its confluence with the Jackson River upstream including all named and unnamed tributaries.

 

ii

 

Kelly Run (Bath County) from its confluence with the Jackson River upstream including all named and unnamed tributaries.

 

ii

 

Kelso Spring Branch from its confluence with the Little Calfpasture River 1.3 miles upstream.

 

ii

 

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

 

iv

 

Left Prong Ramseys Draft from its confluence with Ramseys Draft upstream including all named and unnamed tributaries.

 

ii

 

Left Prong Wilson Creek from its confluence with Wilson Creek upstream including all named and unnamed tributaries.

 

ii

 

Lick Block Run from its confluence with the Left Prong Wilson Creek upstream including all named and unnamed tributaries.

 

***

 

Lick Branch from its confluence with Craig Creek upstream including all named and unnamed tributaries.

 

ii

 

Lick Run (Bath County) from 3.3 miles above its confluence with Stuart Run 3.3 miles upstream.

 

ii

 

Little Back Creek (Bath County) from Route 600 upstream including all named and unnamed tributaries.

 

iv

 

Little Calfpasture River from 17.2 miles above its confluence with the Maury River upstream including all named and unnamed tributaries.

 

ii

 

Little Crow Run from its confluence with Crow Run upstream including all named and unnamed tributaries.

 

ii

 

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

 

ii

 

Little Wilson Creek (from 1 mile above its confluence with Mill Creek) upstream including all named and unnamed tributaries.

 

ii

 

Long Spring Run from its confluence with Little Back Creek upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Lowry Run from 0.2 mile above its confluence with the Maury River upstream including all named and unnamed tributaries.

 

ii

 

Madison Creek from Route 682 upstream including all named and unnamed tributaries.

 

ii

 

Mare Run from its junction with Route 39 at Bath Alum upstream including all named and unnamed tributaries.

 

ii

 

Meadow Creek from its confluence with Craig Creek upstream including all named and unnamed tributaries.

 

iii

 

Middle Creek from its confluence with Jennings Creek upstream including all named and unnamed tributaries.

 

ii

 

Mill Branch from its confluence with Potts Creek upstream including all named and unnamed tributaries.

 

i

 

Mill Creek (Bath County) from its confluence with the Cowpasture River 3.2 miles upstream.

 

iii

 

Mill Creek from Rebecca Furnace upstream including all named and unnamed tributaries.

 

ii

 

Mill Creek from its confluence with Craig Creek near Webbs Mill in Craig County upstream including all named and unnamed tributaries.

 

ii

 

Mill Creek (Bath County) from its confluence with the Jackson River (Lake Moomaw) upstream including all named and unnamed tributaries.

 

ii

 

Mill Run (Highland County) from its confluence with the Bullpasture River 0.5 mile upstream.

 

ii

 

Muddy Run (Bath County) from its confluence with the Jackson River upstream including all named and unnamed tributaries.

 

ii

 

Nelse Branch from its confluence with Mill Branch upstream including all named and unnamed tributaries.

 

ii

 

North Branch Simpson Creek from its confluence with Simpson Creek upstream including all named and unnamed tributaries.

 

ii

 

North Creek from its confluence with Jennings Creek upstream including all named and unnamed tributaries.

 

ii

 

Paint Bank Branch from its confluence with Potts Creek upstream including all named and unnamed tributaries.

 

ii

 

Panther Run from its confluence with Mare Run upstream including all named and unnamed tributaries.

 

ii

 

Paxton Branch from its confluence with Johns Creek upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Pedlar Gap Run from 1 mile above its confluence with the Maury River upstream including all named and unnamed tributaries.

 

ii

 

Pickles Branch (a tributary to Trout Creek) from its mouth upstream including all named and unnamed tributaries.

 

ii

 

Piney Branch (Rockbridge County) from its confluence with Guys Run upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Poplar Cove Run from its confluence with Lowry Run upstream including all named and unnamed tributaries.

 

iii

 

Porters Mill Creek from its confluence with Mill Creek upstream including all named and unnamed tributaries.

 

ii

 

Pounding Mill Creek from its confluence with the Jackson River upstream including all named and unnamed tributaries.

 

ii

 

Purgatory Creek from its confluence with the James River upstream including all named and unnamed tributaries.

 

iv

 

Ramseys Draft from its confluence with the Calfpasture River upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Reservoir Hollow from 0.7 mile above its confluence with Indian Gap Run upstream including all named and unnamed tributaries.

 

iv

 

Right Prong Ramseys Draft from its confluence with Ramseys Draft upstream including all named and unnamed tributaries.

 

ii

 

Rocky Creek from its confluence with Ramseys Draft upstream including all named and unnamed tributaries.

 

ii

 

Rocky Run (Bath County) from its confluence with the Jackson River upstream including all named and unnamed tributaries.

 

ii

 

Rowan Run from its confluence with the Jackson River to the confluence with Cowardin Run.

 

ii

 

Sawmill Run (Bath County) from its confluence with Back Creek upstream including all named and unnamed tributaries.

 

ii

 

Shawvers Run from its confluence with Potts Creek upstream including all named and unnamed tributaries.

 

ii

 

Simpson Creek from the junction of Route 776 and U. S. Route 60 upstream including all named and unnamed tributaries.

 

ii

 

Sinking Creek from Route 697 upstream including all named and unnamed tributaries.

 

iii

 

Smith Branch from its confluence with Mill Creek upstream including all named and unnamed tributaries.

 

iii

 

Smith Creek (Alleghany-Clifton Forge City) from Interstate 64, 2.4 miles upstream.

 

ii

 

Snake Run from its confluence with Dunlap Creek upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

South Buffalo Creek from its confluence with Buffalo Creek upstream including all named and unnamed tributaries.

 

ii

 

Spring Branch (Bath County) from its confluence with Mill Creek 0.8 mile upstream.

 

ii

 

Spring Run (Bath County) from its confluence with Back Creek upstream including all named and unnamed tributaries.

 

iv

 

Still Run from its confluence with the Calfpasture River upstream including all named and unnamed tributaries.

 

iii

 

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

 

ii

 

Stony Run (Highland County) from its confluence with the Jackson River upstream including all named and unnamed tributaries.

 

ii

 

Sugar Run (Allegheny County) from its confluence with Potts Creek upstream 0.75 miles.

 

iii

 

Thompson Creek from the Route 39 crossing upstream to the confluence of Mares and Jordan Runs.

 

ii

 

Trout Run from its confluence with Sinking Creek upstream including all named and unnamed tributaries.

 

ii

 

Unnamed tributary to Brattons Run 0.7 mile above the confluence of Gochenour Branch from its mouth upstream including all named and unnamed tributaries.

 

ii

 

Valley Branch from its confluence with Potts Creek upstream including all named and unnamed tributaries.

 

ii

 

Vinegar Run from its confluence with the Jackson River upstream 0.4 miles.

 

iii

 

Wildcat Hollow from its confluence with Little Back Creek upstream including all named and unnamed tributaries.

 

ii

 

Wilson Creek (Bath County) within Douthat State Park Lake upstream including all named and unnamed tributaries.

12a

IV

pH-6.5-9.5

Maury River and its tributaries, unless otherwise designated in this chapter, from U.S. Route 60 upstream bridge to its headwaters (the confluence of the Calfpasture and Little Calfpasture Rivers).

 

V

pH-6.5-9.5

Stockable Trout Waters in Section 12a

 

*** ]

hh ]

Hays Creek from its confluence with the Maury River to Brownsburg (9.5 miles). ]

 

***

 

Irish Creek from its confluence with the South River to river mile 8.9.

 

v

pH-6.5-9.5

Marlbrook Creek from its confluence with the South River 2.2 miles upstream.

 

VI

pH-6.5-9.5

Natural Trout Waters in Section 12a

 

iv

 

Big Bend Creek from its confluence with Irish Creek upstream including all named and unnamed tributaries.

 

ii

 

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

 

ii

pH-6.5-9.5

Chimney Branch from its confluence with Saint Marys River upstream including all named and unnamed tributaries.

 

ii

 

Hogback Creek from its confluence with Saint Marys River upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Irish Creek from river mile 8.9 upstream including all named and unnamed tributaries.

 

i

pH-6.5-9.5

Laurel Run from its confluence with the Maury River upstream including all named and unnamed tributaries.

 

ii

 

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

 

***

 

Mill Creek from its confluence with the Maury River at Lexington upstream including all named and unnamed tributaries.

 

ii

 

Mine Bank Creek from its confluence with Saint Marys River upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Nettle Creek from its confluence with Irish Creek upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Nettle Spring Branch from its confluence with Nettle Creek upstream including all named and unnamed tributaries.

 

iii

pH-6.5-9.5

Otts Creek from its confluence with Hayes Creek upstream to Route 726.

 

iv

 

Rock Branch from its confluence with Irish Creek upstream including all named and unnamed tributaries.

 

 

 

Saint Marys River from its confluence with the South River upstream including all named and unnamed tributaries.

 

ii

pH-6.5-9.5

Saint Marys River from its confluence with the South River 3.6 miles upstream.

 

i

 

Saint Marys River from 3.6 miles above its confluence with the South River upstream including all named and unnamed tributaries.

 

ii

 

Spy Run from its confluence with the South River upstream including all named and unnamed tributaries.

 

ii

 

Sugartree Branch from its confluence with Saint Marys River upstream including all named and unnamed tributaries.

 

ii

 

Wigwam Creek from its confluence with Nettle Creek upstream including all named and unnamed tributaries.

12b

IV

PWS pH-6.5-9.5

Maury River and its tributaries from Lexington's raw water intake to a point 5 miles upstream.

12c

IV

PWS

Black Run from Craigsville's raw water intake to its headwaters.

12d

IV

PWS

Moores Creek located on Brushy Mountain.

12e

IV

 

Cowpasture River from the Alleghany-Botetourt County line upstream to U.S. Route 60 bridge.

12f

IV

PWS

Smith Creek and Clifton Forge Reservoir from Clifton Forge's raw water intake to their headwaters.

 

VI

PWS

Natural Trout Waters in Section 12f

 

ii

 

Piney Branch from its confluence with Smith Creek upstream including all named and unnamed tributaries.

 

ii

 

Smith Creek (Alleghany County) from 4 miles north of Clifton Forge near Route 606 (at the stream gage upstream of the filtration plant) upstream including all named and unnamed tributaries.

12g

IV

PWS

Mill Branch and its tributaries located on Horse Mountain.

12h

IV

PWS

Potts Creek and its tributaries from Hercules, Inc.'s raw water intake to points 5 miles upstream.

12i

IV

PWS

Dunlap Creek and its tributaries from the Covington Boys Home raw water intake to points 5 miles upstream.

12j

IV

PWS

Jackson River and its tributaries from Covington's raw water intake to points 5 miles upstream.

 

VI

 

Natural Trout Waters in Section 12j

 

ii

 

Jackson River from Covington's raw water intake to a point 5 miles upstream.

12k

IV

PWS

Roaring Run above Clearwater Park's raw water intake to its headwaters.

12l

IV

PWS

Catawba Creek and its tributaries from the City of Roanoke's raw water intake 0.1 mile upstream from its confluence with Buchanan Branch to points 5 miles upstream.

12m

IV

PWS

Unnamed tributary to Catawba Creek from the Catawba State Hospital's raw water intake (approximately 1,000 feet north of the Hospital's main building), upstream to its headwaters.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-08.8, eff. May 25, 1988; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 15, Issue 21, eff. August 4, 1999; Volume 20, Issue 9, eff. February 12, 2004; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-440

9VAC25-260-440. Rappahannock River Basin.

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

II

a,NEW-15,16

Rappahannock River and the tidal portions of its tributaries from Stingray and Windmill Points to Route 1 Alternate Bridge at Fredericksburg.

1a

II

NEW-16

Hoskins Creek from the confluence with the Rappahannock River to its tidal headwaters.

2

III

NEW-15,16

Free flowing tributaries of the Rappahannock from Stingray and Windmill Points upstream to Blandfield Point, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 2

 

 

 

Cat Point Creek and its tributaries, from their headwaters to the head of tide at river mile 10.54.

 

 

 

Mount Landing Creek and its tributaries from the end of tidal waters at river mile 4.4 to their headwaters.

 

 

 

Piscataway Creek and its tributaries from the confluence of Sturgeon Swamp to their headwaters.

3

III

 

The Rappahannock River from the Route 1 Alternate Bridge at Fredericksburg upstream to the low dam water intake at Waterloo (Fauquier County).

3a

III

PWS

The Rappahannock River and its tributaries from Spotsylvania County's raw water intake near Golin Run [ at 38°18'35.4638" latitude and 77°32'03.448" longitude ] to points 5 miles upstream (excluding Motts Run and tributaries, which is in section 4c).

3b

III

PWS

The Rappahannock River and its tributaries from the low dam water intake at Waterloo, Fauquier County, to points 5 miles upstream.

4

III

NEW-15 ESW 17,18

Free flowing tributaries of the Rappahannock from Blandfield Point to its headwaters, unless otherwise designated in this chapter.

 

VII

 

Swamp waters in Section 4

 

 

 

Occupacia Creek and its tributaries from the end of tidal waters at river mile 8.89 on Occupacia Creek to their headwaters.

 

V

 

Stockable Trout Waters in Section 4

 

***

 

Hughes River (Madison County) from Route 231 upstream to the upper crossing of Route 707 near the confluence of Rocky Run.

 

***

 

Robinson River from Route 231 to river mile 26.7.

 

***

 

Rose River from its confluence with the Robinson River 2.6 miles upstream.

 

***

 

South River from 5 miles above its confluence with the Rapidan River 3.9 miles upstream.

 

VI

 

Natural Trout Waters in Section 4

 

ii

 

Berry Hollow from its confluence with the Robinson River upstream including all named and unnamed tributaries.

 

Ii

 

Bolton Branch from 1.7 miles above its confluence with Hittles Mill Stream upstream including all named and unnamed tributaries.

 

Ii

 

Broad Hollow Run from its confluence with Hazel River upstream including all named and unnamed tributaries.

 

I

 

Brokenback Run from its confluence with the Hughes River upstream including all named and unnamed tributaries.

 

I

 

Bush Mountain Stream from its confluence with the Conway River upstream including all named and unnamed tributaries.

 

I

 

Cedar Run (Madison County) from 0.8 mile above its confluence with the Robinson River upstream including all named and unnamed tributaries.

 

I

 

Conway River (Greene County) from the Town of Fletcher upstream including all named and unnamed tributaries.

 

Ii

 

Dark Hollow from its confluence with the Rose River upstream including all named and unnamed tributaries.

 

I

 

Devils Ditch from its confluence with the Conway River upstream including all named and unnamed tributaries.

 

iii

 

Entry Run from its confluence with the South River upstream including all named and unnamed tributaries.

 

iii

 

Garth Run from 1.9 miles above its confluence with the Rapidan River at the Route 665 crossing upstream including all named and unnamed tributaries.

 

ii

 

Hannah Run from its confluence with the Hughes River upstream including all named and unnamed tributaries.

 

ii

 

Hazel River (Rappahannock County) from the Route 707 bridge upstream including all named and unnamed tributaries.

 

ii

 

Hogcamp Branch from its confluence with the Rose River upstream including all named and unnamed tributaries.

 

i

 

Hughes River (Madison County) from the upper crossing of Route 707 near the confluence of Rocky Run upstream including all named and unnamed tributaries.

 

iii

 

Indian Run (Rappahannock County) from 3.4 miles above its confluence with the Hittles Mill Stream upstream including all named and unnamed tributaries.

 

ii

 

Jordan River (Rappahannock County) from 10.9 miles above its confluence with the Rappahannock River upstream including all named and unnamed tributaries.

 

iii

 

Kinsey Run from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

 

ii

 

Laurel Prong from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

 

ii

 

Mill Prong from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

 

ii

 

Negro Run (Madison County) from its confluence with the Robinson River upstream including all named and unnamed tributaries.

 

ii

 

North Fork Thornton River from 3.2 miles above its confluence with the Thornton River upstream including all named and unnamed tributaries.

 

ii

 

Piney River (Rappahannock County) from 0.8 mile above its confluence with the North Fork Thornton River upstream including all named and unnamed tributaries.

 

ii

 

Pocosin Hollow from its confluence with the Conway River upstream including all named and unnamed tributaries.

 

ii

 

Ragged Run from 0.6 mile above its confluence with Popham Run upstream including all named and unnamed tributaries.

 

i

 

Rapidan River from Graves Mill (Route 615) upstream including all named and unnamed tributaries.

 

ii

 

Robinson River (Madison County) from river mile 26.7 to river mile 29.7.

 

i

 

Robinson River (Madison County) from river mile 29.7 upstream including all named and unnamed tributaries.

 

i

 

Rose River from river mile 2.6 upstream including all named and unnamed tributaries.

 

iv

 

Rush River (Rappahannock County) from the confluence of Big Devil Stairs (approximate river mile 10.2) upstream including all named and unnamed tributaries.

 

ii

 

Sams Run from its confluence with the Hazel River upstream including all named and unnamed tributaries.

 

ii

 

South River from 8.9 miles above its confluence with the Rapidan River upstream including all named and unnamed tributaries.

 

ii

 

Sprucepine Branch from its confluence with Bearwallow Creek upstream including all named and unnamed tributaries.

 

i

 

Staunton River (Madison County) from its confluence with the Rapidan River upstream including all named and unnamed tributaries.

 

ii

 

Strother Run from its confluence with the Rose River upstream including all named and unnamed tributaries.

 

iii

 

Thornton River (Rappahannock County) from 25.7 miles above its confluence with the Hazel River upstream including all named and unnamed tributaries.

 

ii

 

Wilson Run from its confluence with the Staunton River upstream including all named and unnamed tributaries.

4a

 

 

(Deleted)

4b

III

PWS

The Rappahannock River and its tributaries, to include the VEPCO Canal, from Fredericksburg's (inactive May 2000) raw water intake to points 5 miles upstream.

4c

III

PWS

Motts Run and its tributaries.

4d

III

 

Horsepen Run and its tributaries.

4e

III

PWS

Hunting Run and its tributaries.

4f

III

 

Wilderness Run and its tributaries.

4g

III

 

Deep Run and its tributaries.

4h

 

 

(Deleted)

4i

III

PWS

Mountain Run and its tributaries from Culpeper's raw water intake to points 5 miles upstream.

4j

 III

PWS

White Oak Run and its tributaries from the Town of Madison's raw water intake to points 5 miles upstream.

4k

III

PWS

Rapidan River and its tributaries from Orange's raw water intake near Poplar Run to points 5 miles upstream.

4l

III

PWS

Rapidan River and its tributaries from the Rapidan Service Authority's raw water intake (just upstream of the Route 29 bridge) upstream to points 5 miles above the intake.

4m

III

PWS

Rapidan River and its tributaries from the Wilderness Shores raw water intake [ (38°22'30", 77°44'50", Orange (Orange ] County - Rapidan Service Authority) to points 5 miles upstream.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from VR680-21-08.9, eff. May 25, 1988; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; Volume 20, Issue 9, eff. February 12, 2004; Volume 25, Issue 12, eff. after EPA approval.

9VAC25-260-450

9VAC25-260-450. Roanoke River Basin (Roanoke River Subbasin).

Roanoke River Subbasin

SEC.

CLASS

SP. STDS.

SECTION DESCRIPTION

1

III

PWS, ff

Lake Gaston and the John Kerr Reservoir in Virginia and their tributaries in Virginia, unless otherwise designated in this chapter (not including the Roanoke or the Dan Rivers). The Roanoke River Service Authority's water supply intake is in this section.

1a

III

s

Dockery Creek and its tributaries to their headwaters.

2

III

 

Dan River and its tributaries from the John Kerr Reservoir to the Virginia-North Carolina state line just east of the Pittsylvania-Halifax County line, unless otherwise designated in this chapter.

2a

III

PWS

Dan River [ and its tributaries ] from South Boston's raw water intake [ upstream ] to [ Paces (below Route 658 bridge) points 5 miles upstream ].

2b

III

PWS

Banister River and its tributaries from Burlington Industries' inactive raw water intake (about 2000 feet downstream of Route 360) inclusive of the Town of Halifax intake at the Banister Lake dam upstream to the Pittsylvania/Halifax County Line (designation for main stem and tributaries ends at the county line).

2c

 

 

(Deleted)

2d

III

PWS

Cherrystone Creek [ and its tributaries ] from Chatham's raw water intake upstream to [ its their ] headwaters.

2e

III

PWS

Georges Creek from Gretna's raw water intake upstream to its headwaters.

2f

III

PWS

Banister River and its tributaries from point below its confluence with Bearskin Creek (at latitude 36°46'15"; longitude 79°27'08") just east of Route 703, upstream to their headwaters.

2g

III

PWS

Whitethorn Creek and its tributaries from its confluence with Georges Creek upstream to their headwaters.

3

III

 

Dan River and its tributaries from the Virginia-North Carolina state line just east of the Pittsylvania-Halifax County line upstream to the state line just east of Draper, N. C., unless otherwise designated in this chapter.

3a

III

PWS

Dan River [ and its tributaries ] from the Schoolfield Dam including the City of Danville's main water intake located just upstream of the Schoolfield Dam, upstream to the Virginia-North Carolina state line.

3b

IV

PWS

Cascade Creek and its tributaries.

3c

IV

PWS

Smith River and its tributaries from the Virginia-North Carolina state line to, but not including, Home Creek.

3d

VI

PWS

Smith River from DuPont's (inactive) raw water intake upstream to the Philpott Dam, unless otherwise designated in this chapter.

 

VI

PWS

Natural Trout Waters in Section 3d

 

ii

 

Smith River from DuPont's (inactive) raw water intake upstream to the Philpott Dam, unless otherwise designated in this chapter.

3e

IV

 

Philpott Reservoir, Fairystone Lake and their tributaries.

 

V

 

Stockable Trout Waters in Section 3e

 

v

 

Otter Creek from its confluence with Rennet Bag Creek (Philpott Reservoir) to its headwaters.

 

v

 

Smith River (Philpott Reservoir portion) from the Philpott Dam (river mile 46.80) to river mile 61.14, just above the confluence with Small Creek.

 

v

 

Rennet Bag Creek from its confluence with the Smith River to the confluence of Long Branch Creek.

 

VI

 

Natural Trout Waters in Section 3e

 

ii

 

Brogan Branch from its confluence with Rennet Bag Creek upstream including all named and unnamed tributaries.

 

ii

 

Rennet Bag Creek from the confluence of Long Branch Creek upstream including all named and unnamed tributaries.

 

ii

 

Roaring Run from its confluence with Rennet Bag Creek upstream including all named and unnamed tributaries.

3f

IV

PWS

North Mayo River and South Mayo River and their tributaries from the Virginia-North Carolina state line to points 5 miles upstream.

3g

IV

 

Interstate streams in the Dan River watershed above the point where the Dan crosses the Virginia-North Carolina state line just east of Draper, N. C., (including the Mayo and the Smith watersheds), unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 3g

 

vi

 

Dan River from the Virginia-North Carolina state line upstream to the Pinnacles Power House.

 

***

 

Little Dan River from its confluence with the Dan River 7.8 miles upstream.

 

v

 

Smith River from river mile 61.14 (just below the confluence of Small Creek), to Route 704 (river mile 69.20).

 

VI

 

Natural Trout Waters in Section 3g

 

ii

 

Dan River from Pinnacles Power House to Townes Dam.

 

ii

 

Dan River from headwaters of Townes Reservoir to Talbott Dam.

 

iii

 

Little Dan River from 7.8 miles above its confluence with the Dan River upstream including all named and unnamed tributaries.

 

i

 

North Prong of the North Fork Smith River from its confluence with the North Fork Smith River upstream including all named and unnamed tributaries.

 

ii

 

North Fork Smith River from its confluence with the Smith River upstream including all named and unnamed tributaries.

 

iii

 

Smith River from Route 704 (river mile 69.20) to Route 8 (river mile 77.55).

 

ii

 

Smith River from Route 8 (approximate river mile 77.55) upstream including all named and unnamed tributaries.

 

ii

 

South Mayo River from river mile 38.8 upstream including all named and unnamed tributaries.

3h

IV

PWS

South Mayo River and its tributaries from the Town of Stuart's raw water intake 0.4 mile upstream of its confluence with the North Fork Mayo River to points 5 miles upstream.

 

VI

 

Natural Trout Waters in Section 3h

 

iii

 

Brushy Fork from its confluence with the South Mayo River upstream including all named and unnamed tributaries.

 

iii

 

Lily Cove Branch from its confluence with Rye Cove Creek upstream including all named and unnamed tributaries.

 

iii

 

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

 

iii

 

South Mayo River from river mile 33.8 upstream including all named and unnamed tributaries.

3i

IV

PWS

Hale Creek and its tributaries from the Fairy Stone State Park's raw water intake 1.7 miles from its confluence with Fairy Stone Lake upstream to its headwaters.

3j

VI

PWS

Smith River and its tributaries from the Henry County Public Service Authority's raw water intake about 0.2 mile upstream of its confluence with Town Creek to points 5 miles upstream.

4

III

 

Intrastate tributaries to the Dan River above the Virginia-North Carolina state line just east of Draper, North Carolina, to their headwaters, unless otherwise designated in this chapter.

 

V

 

Stockable Trout Waters in Section 4

 

vi

 

Browns Dan River from the intersection of Routes 647 and 646 to its headwaters.

 

vi

 

Little Spencer Creek from its confluence with Spencer Creek to its headwaters.

 

vi

 

Poorhouse Creek from its confluence with North Fork South Mayo River upstream to Route 817.

 

<