A. This
permit grants no authority to the permittee to encroach on property rights,
including riparian rights, of others.
B. The duly authorized agents of the
commission and the applicable local government shall have the right to enter
upon the premises at reasonable times for the purposes of inspecting the work
authorized by the permit and to evaluate compliance with the terms and
conditions of the permit. Although the general permit is issued by the
commissioner, the applicable local wetlands board retains jurisdiction and may
enforce violations and any nonconformance with the permit occurring within
tidal wetlands.
C. The permittee
shall comply with all applicable federal, state, and local laws, ordinances,
and rules and regulations concerning the project, specifically including those
related to the Corps of Engineers, water quality standards, erosion and
sedimentation control, the Chesapeake Bay Preservation Act, the Stormwater
Management Act, and the Virginia Water Protection Permit Program. The granting
of this permit shall not relieve the permittee of the responsibility of
obtaining any and all other permits or authorization for this
project.
D. The permit shall not
affect or interfere with the right vouchsafed to the people of Virginia
concerning fowling and the catching of and taking of oysters and other
shellfish in and from the waters not included within the terms of the
permit.
E. The permittee shall, to
the greatest extent practicable, minimize adverse impacts of the project on
adjacent properties and wetlands and upon the natural resources of the
Commonwealth.
F. The permit may be
revoked at any time by the commission upon the failure of the permittee to
comply with the terms and conditions hereof or at the will of the General
Assembly of Virginia.
G. All
structures authorized by this permit that are not maintained in good repair or
that are displaced to areas not authorized shall be completely removed within
30 days after notification by the commission or its designated
representatives.
H. The permittee
agrees to indemnify and save harmless the Commonwealth of Virginia and any
applicable locality from any liability arising from the establishment,
operation, or maintenance of said project.
I. This general permit shall be retained by
the permittee for the life of the project as evidence of
authorization.
J. The project
authorized by this general permit shall be completed within two years of the
issuance of the permit. Upon proper request by the permittee, the permit may be
extended to allow completion of the work.
NOTICE: The following form used in administering the
regulation was filed by the agency. The form is not being published; however,
online users of this issue of the Virginia Register of Regulations may click on
the name of the form to access it through a hyperlink. The form is also
available from the agency contact or may be viewed at the Office of the
Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
Virginia 23219.