Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 1300 - LIVING SHORELINE GROUP 1 GENERAL PERMIT FOR CERTAIN LIVING SHORELINE TREATMENTS INVOLVING TIDAL WETLANDS › Section 4VAC20-1300-30 - Applicability and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				general permit shall authorize the placement of certain specified sand fill,
				fiber logs, fiber mats, shell bags, and temporary grazing protection in tidal
				wetlands, landward of mean low water, to improve the growing conditions for
				wetland vegetation. The establishment of oysters and ribbed mussels may be
				incorporated into the project design.
B. To qualify for this general permit the
				applicant must submit to VMRC a complete Joint Permit Application or special
				abbreviated application and any supplemental information deemed necessary by
				the commission or the applicable wetlands board chairman to fully evaluate the
				proposal. The commissioner will oversee administration of the provisions of the
				general permit.
VMRC will forward the application to the Norfolk District of
				  the Corps of Engineers, the appropriate local wetlands board, and the
				  Department of Environmental Quality.
C. The wetlands board and VMRC will review
				the application concurrently to determine whether:
1. The application is sufficiently complete
				to allow evaluation.
2. The project
				satisfactorily meets the general permit criteria.
3. The general permit process should be
				utilized.
If both the wetlands board chairman and the commission
				  determine the proposal affirmatively satisfies all three requirements specified
				  in subdivisions 1, 2, and 3 of this subsection, the commissioner shall issue
				  the general permit. No public interest review or notification of adjoining
				  property owners shall be required and there shall be no application processing
				  fee or permit fee. In the event that no comment or request for additional
				  information is received from a wetlands board chairman or designee within 21
				  days of being provided the application, it shall be assumed the wetlands board
				  has no objection to the issuance of the general permit, and the commissioner
				  may issue the permit.
Should either the wetlands board chairman or the commission
				  determine that the proposal does not satisfy all three requirements specified
				  in subdivisions 1, 2, and 3 of this subsection, the general permit process
				  shall not be utilized; however, the application may be supplemented with
				  additional information deemed necessary to qualify for the general permit, or
				  the proposal could be reviewed in accordance with the standard provisions of
				  the wetlands zoning ordinance contained in Chapter 13 (§ 28.2-1300 et
				  seq.) of Title 28.2 of the Code of Virginia. Issuance of the general permit
				  does not obviate the requirement for the permittee to comply with all other
				  applicable local, state, and federal laws and regulations, including those laws
				  and regulations administered by the U.S. Army Corps of Engineers, the
				  Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq. of the Code of
				  Virginia), erosion and sediment control ordinances, stormwater management
				  programs, and the Virginia Water Protection Permit programs.