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 › Section 4VAC20-1330-40 - Specific criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				project must satisfy the following specific criteria:
1. There is clear evidence of active
				detrimental erosion at the project site, and the maximum fetch at the project
				site does not exceed 1.5 miles in any shore angle direction.
2. The maximum water depth at the sill
				location shall not exceed two feet at mean low water, and the landward edge of
				the sill shall not be located further than 30 feet channelward of mean low
				water.
3. The proposal shall
				include an existing or created tidal wetland with a minimum total width of
				eight feet.
4. For unaltered
				shorelines, the project will only qualify for the general permit if the living
				shoreline components are the only shoreline protection structures proposed
				along the specific shoreline segment. For previously altered shorelines, an
				existing erosion control structure will not restrict the use of the general
				permit for a living shoreline project designed to protect or enhance an
				existing vegetated wetland provided the resulting vegetated wetlands is at
				least eight feet in width.
5. Marsh
				toe revetments and sills shall be constructed of riprap or alternative
				materials proposed during the review process. The materials shall be of
				sufficient weight or adequately anchored to prevent being dislodged by
				anticipated wave action. Asphalt and materials containing asphalt or other
				toxic substances shall not be used in the construction of marsh toe revetments
				and sills.
6. Marsh toe revetments,
				sills, and associated sand fill shall not be placed on submerged aquatic
				vegetation or vegetated wetlands, except sand may be placed on vegetated
				wetlands if deemed necessary to improve wetlands habitat or resiliency provided
				the sand placement does not raise the elevation of the site above the elevation
				of jurisdictional tidal vegetated wetlands and provided further that the
				project results in a net gain in areal coverage of wetlands vegetation through
				planting or natural revegetation.
7. Marsh toe revetments and sills shall be
				constructed on filter cloth and to a maximum height of one foot above the
				elevation of mean high water at the site. Side slopes of the structures shall
				be no flatter than 2:1. Broken concrete may be utilized for the core of the
				structure provided it does not contain exposed rebar or other construction
				debris and provided it is covered with a layer of riprap stone.
8. Sills shall be designed and constructed
				with a minimum of one five-foot wide gap or window per property and per 100
				linear feet. The maximum height of a window shall not exceed one-half the
				height of the sill and shall not exceed the elevation of mean high
				water.
9. Coarse sand should be
				utilized for any required fill. At a minimum the sand shall contain less than
				10% very fine material (passing a #100 sieve). The sand shall not be placed in
				a manner that raises the elevation of any existing wetland area above the
				elevation of jurisdictional vegetated tidal wetlands (1.5 times the mean tide
				range above mean low water).
10.
				Wetland or dune and beach vegetation shall be planted in all jurisdictional
				areas on which sand is placed where the resulting substrate elevation is
				appropriate to support the growth of such vegetation. Only those species that
				are anticipated to survive at the project site elevation and normal salinity
				regime shall be used. The common reed, Phragmites sp., shall not typically be
				considered appropriate wetlands vegetation for planting purposes.
11. Fiber logs, fiber mats, woven containment
				bags, and shell bags may be utilized within the jurisdictional tidal wetlands
				or sand dunes and beaches to create a sill or to otherwise support the growth
				of wetlands or dune and beach vegetation provided they are not placed on
				existing vegetation and are not stacked to a height that exceeds mean high
				water except along the landward limits of the wetlands or dunes and beaches.
				The bags, fiber mats, and fiber logs shall be maintained and promptly removed
				should they become displaced or unexpectedly damaged at any time. If available,
				biodegradable materials are encouraged. The replacement of any failed fiber
				logs, fiber mats, or bags in the same location shall be allowed without the
				need to receive additional authorization. Additional sand may be placed to
				replace any lost sand or to adjust for substrate settlement, provided the
				elevation of the originally proposed grade is not exceeded without the need to
				receive additional authorization.
12. Temporary grazing protection may be
				utilized to protect wetlands, dune and beach vegetation, or ribbed mussels
				until they become established. The protective structures shall be removed once
				the vegetation or mussels are established. Such grazing protection is
				encouraged and should be considered in the project design. Any requested
				grazing protection shall be specified in the permit application.
13. The permittee agrees to notify the
				commission upon completion of the project and to provide a brief monitoring
				report at the end of the first full growing season following planting and after
				the second year of establishment of vegetation. The monitoring shall be
				conducted from June through September of each year, and the report shall
				include at a minimum the permit number, representative photos of the site, and
				a brief statement concerning the success of the project. Additional
				documentation is encouraged to allow improved evaluation of the techniques
				utilized.
14. Any vegetated
				wetlands or dune and beach vegetation established under this general permit
				shall not be cut or harvested. Areas shall be replanted as necessary to ensure,
				at a minimum, no net loss of wetland or dune and beach vegetation within the
				project area for a period of two years following the initial planting. If
				necessary to promote the establishment of wetlands or dune and beach
				vegetation, additional sand may be placed to restore the originally proposed
				elevation grade.
15. Any measures
				taken to eradicate invasive species at the project site associated with the
				living shoreline activity, including Phragmites sp., shall be noted in the
				permit application or conducted in accordance with a plan evaluated and
				approved by the applicable wetlands board or locality. Such plans shall include
				measures to revegetate the area with appropriate native wetlands
				vegetation.