1. A. Upon receipt of a complete application, the department shall make a tentative decision to issue or deny the special exception. If a tentative decision is to issue the special exception then a draft special exception shall be prepared in advance of public notice. The following tentative determinations shall be incorporated into a draft special exception:

   1. 1. Conditions, withdrawal limitations, standards and other requirements applicable to the special exception;
   2. 2. Monitoring and reporting requirements; and
   3. 3. Requirements for mitigation of adverse impacts.
2. B. If the tentative decision is to deny the special exception, the department shall return the application to the applicant. The applicant may then apply for a groundwater withdrawal permit for the proposed withdrawal in accordance with Part III (9VAC25-610-85 et seq.) of this chapter.

Statutory Authority

§ 62.1-256 of the Code of Virginia.

Historical Notes

Derived from VR680-13-07 § 4.8, eff. September 22, 1993; amended, Virginia Register Volume 30, Issue 5, eff. January 1, 2014; Volume 39, Issue 5, eff. November 23, 2022.