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 4VAC20-1330-50 - Permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
Permits issued are subject to the following
				  conditions:
1. The project authorized
				by this general permit shall be completed within two years of the issuance of
				the permit. Upon written request by the permittee prior to the permit
				expiration date, the permit may be extended to allow completion of the work.
				All other conditions remain in effect until revoked by the commission, wetlands
				board, or the General Assembly.
2.
				This 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 and the applicable local government shall have the right to enter
				upon the premises at reasonable times for the purposes of inspecting the work
				authorized by the permit and to evaluate compliance with the terms and
				conditions of the permit. Although the general permit is issued by the
				commissioner, the applicable local wetlands board retains jurisdiction and may
				enforce violations and any nonconformance with the permit occurring within
				tidal wetlands and coastal primary sand dunes and beaches.
4. The permittee shall comply with all
				applicable federal, state, and local laws, ordinances, rules, and regulations
				concerning the project, specifically including those related to the U.S. Army
				Corps of Engineers, water quality standards, erosion and sedimentation control,
				the Chesapeake Bay Preservation Act, the Stormwater Management Act, and the
				Virginia Water Protection Permit Program. The granting of this permit shall not
				relieve the permittee of the responsibility of obtaining any and all other
				permits or authorization for this project.
5. The permit shall not affect or interfere
				with the right vouchsafed to the people of Virginia concerning fowling and the
				catching of and taking of oysters and other shellfish in and from the waters
				not included within the terms of the permit.
6. 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.
7. The permit may be revoked at any time by
				the commission upon the failure of the permittee to comply with the terms and
				conditions hereof or at the will of the General Assembly of Virginia.
8. Any portion of the waters within the
				boundaries of the Baylor Survey is expressly excluded from this
				permit.
9. This permit is subject
				to any lease of oyster planting ground in effect on the date of the permit.
				Nothing in the permit shall be construed as allowing the permittee to encroach
				on any lease without the consent of the leaseholder. The permittee shall be
				liable for any damages to such lease.
10. The issuance of this permit does not
				confer upon the permittee any interest or title to the submerged
				lands.
11. All structures
				authorized by this permit that are not maintained in good repair or are
				displaced to areas not authorized shall be completely removed within 30 days
				after notification by the commission or its designated
				representatives.
12. The permittee
				agrees to comply with all the terms and conditions as set forth in this permit
				and that the project will be accomplished within the boundaries as outlined in
				the plans attached to this permit. Any encroachment beyond the limits of this
				permit shall constitute a Class 1 misdemeanor.
13. This permit authorizes no claim to
				archaeological artifacts that may be encountered during the course of
				construction. If, however, archaeological remains are encountered, the
				permittee agrees to notify the commission, which will subsequently 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.
14. 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 said project.
15. This general permit shall be retained by
				the permittee for the duration of the project as evidence of authorization and
				shall not be transferred without the written consent of the
				commissioner.
Statutory Authority §
											28.2-104.1
					 of the Code of Virginia.