Section 340. Denial of a permit or special exception

A. The director shall make a decision to tentatively deny the permit or special exception requested if the requirements of this chapter are not met. Bases for denial include, but are not limited to, the following:

1. The cumulative stabilized impact of the proposed withdrawal in combination with all existing lawful withdrawals will lower water levels in a confined aquifer below a point that represents 80% of the distance between the land surface and the top of the aquifer;

2. The groundwater withdrawal amount requested in the permit application exceeds the amount that can be applied to the proposed beneficial use; and

3. Available supplies of groundwater are insufficient for all who desire to use them and the preference is being given to use for human consumption.

B. The applicant shall be notified by letter of the director's preliminary decision to tentatively deny the permit or special exception requested.

C. The department shall provide sufficient information to the applicant regarding the rationale for denial, such that the applicant may, at his option, modify the application in order to achieve a favorable recommendation; withdraw his application; or proceed with the processing on the original application.

D. Should the applicant withdraw his application, no permit or special exception will be issued.

E. Should the applicant elect to proceed as originally proposed, the director shall advise the applicant of his right to an informal fact finding in accordance with § 2.2-4019 of the Administrative Process Act to consider the denial.

Historical Notes

Derived from VR680-13-07 § 6.6, eff. September 22, 1993; amended, Volume 30, Issue 05, eff. January 1, 2014.

Statutory Authority

§ 62.1-256 of the Code of Virginia.