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 4VAC20-1300-40 - Specific criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				maximum fetch at the project site shall not exceed 1/2 mile in any shore angle
				direction. 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 tidal wetlands (1.5
				times the mean tide range above mean low water).
B. Appropriate wetland vegetation shall be
				planted in all wetland areas on which sand is placed where the resulting
				substrate elevation is appropriate to support the growth of wetlands
				vegetation. If deemed necessary to improve wetland habitat or resiliency,
				existing wetlands vegetation may be filled provided the project does not result
				in a net loss in aerial coverage of wetlands vegetation. Appropriate wetlands
				vegetation includes only those species listed in the tidal wetlands ordinance
				(§ 28.2-1302 of the Code of Virginia) that are anticipated to survive at
				the project site elevation and normal salinity regime. The common reed,
				Phragmites sp., shall not typically be considered appropriate wetlands
				vegetation for planting purposes.
C. Fiber logs, fiber mats, and shell bags may
				be utilized within the jurisdictional tidal wetland area to create a sill or to
				otherwise support the growth of wetlands vegetation, provided they are not
				placed on existing vegetation and are not stacked to a height that exceeds mean
				high water. The bags, mats, and fiber logs shall be maintained and promptly
				removed should they become displaced or unexpectedly damaged. If available,
				appropriate biodegradable materials are encouraged. The replacement of failed
				fiber logs, mats, or shell 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.
D. Temporary grazing protection may be
				utilized to protect wetlands vegetation and 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.
E. 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. The monitoring shall be undertaken between
				June and September of each year and 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.
F. Any vegetated wetlands established under
				this general permit shall not be cut or harvested. Areas shall be replanted as
				necessary to ensure there is at least no net loss of wetland vegetation within
				the project area during the term of the permit. If necessary to promote the
				establishment of wetlands vegetation, additional sand may be placed to restore
				the originally proposed elevation grade.
G. 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 appropriate wetlands
				board or locality. Such plans shall include measures to revegetate the area
				with appropriate native wetlands vegetation.
H. All activities undertaken in accordance
				with the general permit are subject to the enforcement and penalty provisions
				contained in Article 4 (§ 28.2-1316 et seq.) of Chapter 13 of Title 28.2
				of the Code of Virginia. Failure to comply with any criteria or condition of
				the general permit may constitute a violation of the permit.
Statutory Authority: §
											28.2-104.1 of the Code of
					 Virginia.