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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 1330. Living Shoreline Group 2 General Permit for Certain Living Shoreline Treatments Involving Submerged Lands, Tidal Wetlands, or Coastal Primary Sand Dunes and Beaches

4VAC20-1330-30. Applicability and procedures.

A. This general permit shall authorize the placement of certain specified sand fill, fiber logs, fiber mats, shell bags, riprap, woven containment bags, and temporary grazing protection in tidal wetlands, beaches, and submerged lands to provide shoreline erosion control while enhancing shoreline habitat and improving the growing conditions for wetlands or dune and beach vegetation. The establishment of oysters and ribbed mussels may be incorporated into the project design.

B. To qualify for this general permit the applicant must submit to VMRC a complete Joint Permit Application or special abbreviated application, any application processing fee required pursuant to Chapter 13 (§ 28.2-1300 et seq.) or Chapter 14 (§ 28.2-1400 et seq.) of Title 28.2 of the Code of Virginia, and any supplemental information deemed necessary by the commission or the applicable wetlands board chairman to fully evaluate the proposal. The commissioner will oversee administration of the provisions of the general permit.

VMRC will forward the application to the Norfolk District of the U.S. Army Corps of Engineers, the appropriate local wetlands board, and the Department of Environmental Quality.

C. The wetlands board and VMRC will review the application concurrently to determine whether:

1. The application is sufficiently complete to allow evaluation.

2. The project satisfactorily meets the general permit criteria.

3. The adjoining property owners to the proposed project have been notified and expressed no opposition to the project.

4. The general permit process is appropriate to use for the specific project.

If the wetlands board chairman and the commissioner determine the proposal affirmatively satisfies all four requirements listed in subdivisions 1 through 4 of this subsection, the commissioner shall issue the general permit. No additional public interest review shall be required. In the event that no comment or request for additional information is received from a wetlands board chairman or designee within 30 days of being provided the application, it shall be assumed the wetlands board has no objection to the issuance of the general permit, and the commissioner may issue the permit.

Should either the wetlands board chairman or the commissioner determine that the proposal does not satisfy all four requirements listed in subdivisions 1 through 4 of this subsection, the general permit process shall not be utilized for the tidal wetlands or coastal primary sand dunes and beaches portions of the project. However, the application may be supplemented with additional information deemed necessary to qualify for the general permit or the proposal could be reviewed in accordance with the applicable standard provisions of Chapters 12 (§ 28.2-1200 et seq.), 13 (§ 28.2-1300 et seq.), and 14 (§ 28.2-1400 et seq.) of Title 28.2 of the Code of Virginia related to submerged lands, wetlands, and coastal primary sand dunes and beaches.

D. In the case when a wetlands board conducts a public hearing and issues a wetlands permit or coastal primary sand dunes and beaches permit and when the subaqueous components of the project satisfy the specific criteria under this regulation, the commissioner may proceed with the issuance of a general permit for the portions of the project involving state-owned submerged lands without the need for further public interest review provided an appeal of the wetlands board decision is not received within the 10-day appeal period provided under §§ 28.2-1311 and 28.2-1411 of the Code of Virginia.

E. Issuance of the general permit does not relieve the permittee from complying with all other applicable local, state, and federal laws and regulations, including those laws and regulations administered by the U.S. Army Corps of Engineers, the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq. of the Code of Virginia), erosion and sediment control ordinances, stormwater management programs, and the Virginia Water Protection Permit program.

Statutory Authority

§ 28.2-104.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 34, Issue 6, eff. November 1, 2017.

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