4 Va. Admin. Code § 20-395-30 - Authority and applicability
A.
Prior to the enactment of § 28.2-1207C, the Code of Virginia provided no
mechanism for the emergency authorization of projects requiring permits from
the Marine Resources Commission that are designed to protect public or private
property or safeguard public health and safety involving encroachments in, on,
or over state-owned submerged beds. While the commission has entered into an
interagency Memorandum of Understanding (MOU) with the Department of
Agriculture's Natural Resources Conservation Service (NRCS) to expedite permit
issuance for exigency projects under the Emergency Watershed Protection
Program, the process does not eliminate the need for the commission's required
public interest review and comment period. Furthermore, there was no expedited
mechanism to authorize projects that are designed to improve water quality,
restore waterways or streams for water quality improvement, or facilitate
emergency response activities related to existing public utility
infrastructures in nontidal waterways with drainage areas greater than five
square miles or with flow rates greater than five cubic feet per second where
project impacts are minimal. The commission, as stipulated in its Subaqueous
Guidelines, does not assume regulatory jurisdiction in nontidal waterways with
drainage areas less than five square miles or with flow rates less than five
cubic feet per second.
B. This
general permit provides authorization for projects that are deemed necessary in
an emergency that will result in improved water quality in waterways with
drainage areas greater than five square miles or flow rates greater than five
cubic feet per second, or that are public utility emergency response
activities.
C. Experience has shown
that the types of projects covered by this general permit (i) are necessary in
emergency situations or (ii) would improve water quality while improving
habitat and result in only minor impact. In addition, these types or classes of
projects would normally be expected to receive an individual commission permit
following the standard public interest review.
D. This general permit is valid only for
projects which result in encroachments over state-owned submerged lands in
nontidal waterways.
Notes
Statutory Authority
§§ 28.2-103 and 28.2-1207 of the Code of Virginia.
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