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 4VAC20-1330-30 - 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, riprap, woven containment bags, and
				temporary grazing protection in tidal wetlands, beaches, and submerged lands to
				provide shoreline erosion control while enhancing shoreline habitat and
				improving the growing conditions for wetlands or dune and beach 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, any application processing fee
				required pursuant to Chapter 13 (§
									28.2-1300 et seq.) or
				Chapter 14 (§
									28.2-1400 et seq.) of
				Title 28.2 of the Code of Virginia, 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 U.S. Army 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 adjoining property owners to the
				proposed project have been notified and expressed no opposition to the
				project.
4. The general permit
				process is appropriate to use for the specific project.
If the wetlands board chairman and the commissioner determine
				  the proposal affirmatively satisfies all four requirements listed in
				  subdivisions 1 through 4 of this subsection, the commissioner shall issue the
				  general permit. No additional public interest review shall be required. In the
				  event that no comment or request for additional information is received from a
				  wetlands board chairman or designee within 30 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 commissioner
				  determine that the proposal does not satisfy all four requirements listed in
				  subdivisions 1 through 4 of this subsection, the general permit process shall
				  not be utilized for the tidal wetlands or coastal primary sand dunes and
				  beaches portions of the project. 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 applicable standard
				  provisions of Chapters 12 (§
											28.2-1200
				  et seq.), 13 (§
											28.2-1300 et seq.),
				  and 14 (§
											28.2-1400 et seq.) of
				  Title 28.2 of the Code of Virginia related to submerged lands, wetlands, and
				  coastal primary sand dunes and beaches.