Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1410 - UTILITY LINE ENCROACHMENTS BENEATH OR OVER STATE-OWNED SUBAQUEOUS BEDS › Section 4VAC20-1410-30 - Permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
After the commissioner reviews the completed Joint Permit
				  Application and determines that the application qualifies for a general permit
				  under this chapter, the project shall be authorized to encroach under or over
				  state-owned submerged bottomland subject to the following conditions:
1. The project authorized by this general
				permit shall be completed within five years of the issuance of the permit. Upon
				proper request by the permittee, the permit may be extended to allow for the
				completion of the project.
2. The
				permit grants no authority to the permittee to encroach on property rights,
				including riparian rights, of others.
3. The duly authorized agents of the
				commission shall have the right to inspect the work authorized by the permit
				and to evaluate compliance with the terms and conditions of the
				permit.
4. The permittee shall
				comply with the water quality standards as established by the Virginia
				Department of Environmental Quality, Water Division and all other applicable
				laws, ordinances, and regulations affecting the conduct of the project. The
				granting of this permit shall not relieve the permittee of the responsibility
				of complying with any other applicable federal, state, or local law.
5. The permit may not be transferred without
				the written permission of the commissioner.
6. The permit shall not affect the right
				vouchsafed to the people of Virginia concerning navigation, fishing, fowling,
				and the catching of and taking of oysters and other shellfish except as is
				necessary for safe construction or maintenance of the project, and any such
				impacts shall be minimized to the greatest extent practicable. The permittee
				shall notify the commissioner a week before beginning construction and before
				any maintenance activities that will impact navigation or other uses of the
				waterway.
7. The permittee shall,
				to the greatest extent practicable, minimize adverse impacts of the project on
				adjacent properties and wetlands and upon the natural resources of the
				Commonwealth.
8. This permit may be
				revoked at any time by the commission upon the failure of the permittee to
				comply with the terms and conditions in this chapter or the Code of
				Virginia.
9. The issuance of this
				permit does not confer upon the permittee any interest or title to the beds of
				the waters.
10. All structures
				authorized by this permit that are not maintained in good repair shall be
				completely removed from over or under state-owned bottomland within three
				months after notification by the commission.
11. The permittee agrees to comply with all
				of the terms and conditions set forth in this permit and that the project will
				be accomplished within the boundaries as outlined in the plans in its Joint
				Permit Application.
12. This permit
				authorizes no claim to archaeological artifacts that may be encountered during
				the course of construction. If archaeological remains are encountered, the
				permittee agrees to notify the commission, which will in turn notify the
				Department of Historic Resources. The permittee further agrees to cooperate
				with agencies of the Commonwealth in the recovery of archaeological remains if
				deemed necessary.
13. The permittee
				agrees to indemnify and save harmless the Commonwealth of Virginia and any
				applicable locality from any liability arising from the establishment,
				operation, or maintenance of the project.
14. For any work that includes borings that
				utilizes a lubricating fluid under state-owned subaqueous beds, the permittee
				shall submit to the commission a frac-out plan by which the permittee agrees to
				abide.
15. The permittee agrees to
				coordinate with the Virginia Department of Conservation and Recreation,
				Division of Natural Heritage Karst Protection Coordinator if karst features,
				such as additional undocumented sinkholes, caves, disappearing streams, and
				large springs, are encountered during the project to document and minimize
				adverse impacts.
16. This general
				permit shall be retained by the permittee for the life of the project as
				evidence of authorization.
Statutory Authority: §§
											28.2-103 and
					 28.2-1204 of the Code of
					 Virginia.