4 Va. Admin. Code § 20-333-40 - Procedures
A. The Chief,
Habitat Management Division, will administer this general permit and establish
procedures to ensure:
1. That all projects
authorized by this permit either (i) do not require U.S. Army Corps of
Engineers permits (4VAC20-333-20 E), (ii) satisfy the
Nationwide Permit established by the Department of the Army Regulations
(4VAC20-333-20 A and B) or, (iii)
qualify for the regional permit or letter of permission criteria established by
the Norfolk District U.S. Army Corps of Engineers (4VAC20-333-20 C).
2. Minimum cumulative impact on the marine
environment.
3. Adequate
opportunity for public review.
4.
That a record is maintained on all projects authorized by this permit. Such
records will include:
a. The name, address,
and telephone number of the VDOT district that wishes to perform the
work;
b. The location of the
project, including waterway, county/city and route number of roadway;
c. Detailed drawings of the project including
a plan view and section view with the mean high and mean low water lines or the
ordinary high water mark, whichever is appropriate;
d. The amount of dredging and fill. If
dredging is involved, the type of dredge, hydraulic or dragline, the location
of disposal sites and the type of erosion and sediment controls, if
necessary;
e. When the project
involves the destruction of tidal wetlands, the type of species involved, the
amount to be disturbed, and any plan for compensation, or mitigation;
and
f. A copy of the environmental
assessment or environmental impact statement when requested by the
commission.
B. If any objections are raised by either
individuals or agencies which cannot be resolved at the monthly interagency
coordination meeting, that project must then be processed for an individual
permit to encroach in, on or over state-owned bottomlands.
C. Those projects located within a nontidal
drainage basin of less than five square miles can be undertaken without the
review process outlined in
4VAC20-333-20 F, unless the project
involves one or more of the following resources:
a. A designated or proposed scenic river as
determined by the Virginia Department of Conservation and Recreation.
b. A natural trout stream as designated by
the Virginia Department of Game and Inland Fisheries.
c. A public water supply as determined by the
Virginia Department of Health or the Water Division of the Department of
Environmental Quality.
d. A habitat
or critical area designated for endangered or threatened species as listed on
the Commonwealth of Virginia's official list.
e. Any spawning area designated by the
Virginia Institute of Marine Science or the Department of Game and Inland
Fisheries.
f. An archaeological
site on state-owned bottoms as recorded in the Virginia Department of Historic
Resources inventory.
g. A total
area of open water greater than one acre.
D. Those projects not requiring permits from
or notification to the U.S. Army Corps of Engineers (4VAC20-333-20 B and E) will not
require coordination with the U.S. Army Corps of Engineers or other federal
agencies to qualify for this general permit. These projects will be listed on
the monthly interagency coordination meeting agenda and will not require a
formal presentation as outlined in
4VAC20-333-20 F, unless requested
by the commission. Any requested formal presentations shall involve state
agencies only.
E. The commission
may conduct periodic inspections to evaluate compliance with applicable
environmental management laws and regulations, and sediment and erosion control
practices specified by the Virginia Department of Conservation and Recreation,
Division of Soil and Water.
F. The
results of any inspections conducted may be utilized by the commission to
assess the advisability and continuation of the provisions of this permit. Such
continuation may be on a highway district basis. The commission will advise
VDOT in writing if a highway district is not in compliance and may suspend this
permit for that district until evidence of compliance satisfactory to the
commission is achieved.
G. Where
emergency conditions exist in time of flood or other catastrophic event or a
declared disaster by the Governor's office, VDOT, after consultation with the
commission, will take whatever actions it deems appropriate to protect life and
property of both private citizens and the transportation system of the
Commonwealth. The emergency actions will be reported in writing by VDOT to the
commission within three months of the completion of such action.
Notes
Statutory Authority
§§ 28.2-103 and 28.2-1203 of the Code of Virginia.
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