Virginia Law

A. Notification to the department will be required prior to commencing construction, as follows:

1. An application for coverage for proposed, permanent nontidal wetland or open water impacts greater than one-tenth acre or for proposed, permanent nontidal stream bed impacts greater than 300 linear feet shall include all information pursuant to 9VAC25-660-60 B. Compensatory mitigation may be required for all permanent impacts.

2. An application for coverage for proposed, permanent nontidal wetland or open water impacts up to one-tenth acre or for proposed, permanent nontidal stream bed impacts up to 300 linear feet shall be submitted in accordance with either subdivision 2 a or 2 b of this subsection:

a. For any proposed project in wetlands, open water, streams, or compensatory mitigation sites that are under a deed restriction, conservation easement, declaration of restrictive covenant, or other land use protective instrument (hereafter "protected areas"), when such restriction, easement, covenant, or instrument is the result of a federal or state permit action and is specific to activities in wetlands and compensatory mitigation sites, the application shall include all of the information required by 9VAC25-660-60 B. Compensatory mitigation may be required for all permanent impacts.

b. For all other projects, the application shall include the information required by subdivisions 1 through 7, 10, 11, 15, and 16 of 9VAC25-660-60 B and documentation that verifies the quantity and type of impacts. Compensatory mitigation may be required for all permanent impacts once the notification limits of one-tenth acre wetlands or open water, or 300 linear feet of stream bed, are exceeded, and if required, the application shall include the information in 9VAC25-660-60 B 12.

B. The Department of Environmental Quality-approved application forms shall serve as an application for a VWP permit or VWP general permit coverage.

C. The department will determine whether the proposed activity requires coordination with the U.S. Fish and Wildlife Service, the Virginia Department of Conservation and Recreation, the Virginia Department of Agriculture and Consumer Services, and the Virginia Department of Wildlife Resources regarding the presence of federal or state listed threatened and endangered species or designated critical habitat. Based upon consultation with these agencies, the department may deny application for coverage under this general permit. The applicant may also consult with these agencies prior to submitting an application. Species or habitat information that the applicant provides will assist the Department of Environmental Quality in reviewing and processing the application.