Part II. General Information
9VAC25-770-20. Applicability.
This regulation applies to all persons required to obtain or modify a VWP permit pursuant to the Virginia Water Protection Permit Program Regulation, 9VAC25-210, for completion of dredging projects in tidal waters governed under Chapter 12 (§ 28.2-1200 et seq.) or Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.
State and federal government entities whose debts and liabilities are the debts and liabilities of the Commonwealth of Virginia or the United States have the requisite financial strength and stability to fulfill their financial responsibility obligations and are not required to comply with the requirements of this chapter.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.
9VAC25-770-30. Compliance date.
An applicant for a VWP permit for completion of a dredging project in tidal waters must file proof of mitigation bank credit purchase or in-lieu fee fund donation or a financial responsibility mechanism with the department at least 60 days prior to onset of any activity in permitted impact areas. The compensatory mitigation plan and financial responsibility documentation or proof of mitigation bank credit purchase or in-lieu fee fund donation shall be submitted by the permittee and approved by the department prior to the onset of any dredging activities in permitted impact areas.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-770-40. Revocation or suspensions.
Failure to provide or maintain adequate evidence of financial responsibility in accordance with this regulation shall be a basis for termination of a VWP permit. Termination of a VWP permit shall be in accordance with 9VAC25-210-180.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.
9VAC25-770-50. Forfeitures.
Forfeiture of any financial obligation imposed pursuant to this chapter shall not relieve any holder of a VWP permit from any obligations to comply with the provisions of the Virginia Water Protection Permit Program Regulation (9VAC25-210) and any other applicable regulations or any other legal obligations for the consequences of abandoning the project.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.
9VAC25-770-60. Transfer of permit.
The new permittee must submit proof of mitigation bank credit purchase or in-lieu fee fund donation or evidence of financial responsibility to the department in accordance with this chapter within 60 days of the transfer of the permit from the existing permittee to the new permittee. If the old permittee has completed mitigation activities by filing proof of mitigation bank credit purchase or in-lieu fee fund donation before the transfer of the permit, the new permittee is not required to do so or to provide any additional evidence of financial responsibility. When a transfer of the permit occurs, the old permittee shall continue to comply with the requirements of this chapter until the new permittee has demonstrated that he is complying with the requirements of this chapter. The new permittee shall demonstrate compliance with this chapter within 60 days of the date of the transfer of the permit. Upon demonstration to the department by the new permittee of compliance with this chapter, the department shall notify the old permittee that he or she no longer needs to comply with this chapter as of the date of demonstration.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.