Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 333 - VIRGINIA GENERAL PERMIT #1 (VGP#1) FOR PROJECTS UNDERTAKEN BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN, ON OR OVER STATE-OWNED SUBAQUEOUS LANDS ANYWHERE WITHIN THE COMMONWEALTH › Section 4VAC20-333-30 - Authorization and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
All proposals by VDOT to encroach in, on or over state-owned
				  subaqueous land which qualify under
				  4VAC20-333-20 A, B, C and E are
				  permitted subject to the following standard conditions:
1. Any proposed deviation from the
				preapproved plan must be formally recoordinated and approved prior to
				undertaking the work.
2. VDOT shall
				report annually to the commission on the projects which have been completed.
				The report shall include a record of the total subaqueous bed
				impacts.
3. This permit grants no
				authority to VDOT to encroach upon the property rights, including riparian
				rights, of others.
4. The duly
				authorized agents to the commission shall have the right to enter upon the
				premises at reasonable times for the purpose of inspecting the work being done
				pursuant to this permit.
5. VDOT
				shall comply with the water quality standards as established by the Virginia
				Department of Environmental Quality and all other applicable laws, ordinances,
				rules and regulations affecting the conduct of the project. The granting of
				this permit shall not relieve VDOT of the responsibility of obtaining any and
				all other permits or required authorizations for the project.
6. This permit shall not affect or interfere
				with the right vouchsafed to the people of Virginia concerning fishing, fowling
				and the catching of and taking of oysters and other shellfish in and from the
				bottom of areas and waters not included within the terms of this
				permit.
7. VDOT shall, to the
				greatest extent practicable, minimize the adverse effects of the project upon
				adjacent properties, tidal 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 VDOT to comply with
				any of the terms and conditions of this chapter or at the will of the General
				Assembly of Virginia.
9. This
				permit is subject to any lease of oyster planting ground in effect on the date
				of this permit. Nothing in this permit shall be construed as allowing VDOT to
				encroach on any lease without the consent of the leaseholder. VDOT shall be
				liable for any damages to such lease.
10. The issuance of this permit does not
				confer upon VDOT any interest or title to beds of the waters.
11. Specifically prohibited is the sale by
				subcontractors, without commission approval, of material removed from
				state-owned bottoms.
12. All
				structures authorized by this permit which are not maintained in good repair
				shall be completely removed from state-owned bottom within three months after
				notification by the commission.
13.
				This permit authorizes no claim to archaeological artifacts from state-owned
				bottoms, which may be encountered during the course of construction. If
				archaeological remains are encountered, VDOT agrees to notify the commission,
				who will in turn notify the Virginia Department of Historic Resources. VDOT
				shall cooperate with the commission and the Department of Historic Resources in
				the recovery of archaeological remains, if deemed necessary.
14. Projects authorized under this general
				permit shall be completed within three years from the date of issuance. Upon
				proper request by VDOT, the permit may be extended to allow completion of the
				work authorized.
Statutory Authority
§§ 28.2-103 and 28.2-1203 of the Code of
					 Virginia.