Section 40. Procedures

A. The Chief, Habitat Management Division, will administer this general permit and establish procedures to ensure:

1. That all projects authorized by this permit either (i) do not require U.S. Army Corps of Engineers permits (4VAC20-333-20 E), (ii) satisfy the Nationwide Permit established by the Department of the Army Regulations (4VAC20-333-20 A and B) or, (iii) qualify for the regional permit or letter of permission criteria established by the Norfolk District U.S. Army Corps of Engineers (4VAC20-333-20 C).

2. Minimum cumulative impact on the marine environment.

3. Adequate opportunity for public review.

4. That a record is maintained on all projects authorized by this permit. Such records will include:

a. The name, address, and telephone number of the VDOT district that wishes to perform the work;

b. The location of the project, including waterway, county/city and route number of roadway;

c. Detailed drawings of the project including a plan view and section view with the mean high and mean low water lines or the ordinary high water mark, whichever is appropriate;

d. The amount of dredging and fill. If dredging is involved, the type of dredge, hydraulic or dragline, the location of disposal sites and the type of erosion and sediment controls, if necessary;

e. When the project involves the destruction of tidal wetlands, the type of species involved, the amount to be disturbed, and any plan for compensation, or mitigation; and

f. A copy of the environmental assessment or environmental impact statement when requested by the commission.

B. If any objections are raised by either individuals or agencies which cannot be resolved at the monthly interagency coordination meeting, that project must then be processed for an individual permit to encroach in, on or over state-owned bottomlands.

C. Those projects located within a nontidal drainage basin of less than five square miles can be undertaken without the review process outlined in 4VAC20-333-20 F, unless the project involves one or more of the following resources:

a. A designated or proposed scenic river as determined by the Virginia Department of Conservation and Recreation.

b. A natural trout stream as designated by the Virginia Department of Game and Inland Fisheries.

c. A public water supply as determined by the Virginia Department of Health or the Water Division of the Department of Environmental Quality.

d. A habitat or critical area designated for endangered or threatened species as listed on the Commonwealth of Virginia's official list.

e. Any spawning area designated by the Virginia Institute of Marine Science or the Department of Game and Inland Fisheries.

f. An archaeological site on state-owned bottoms as recorded in the Virginia Department of Historic Resources inventory.

g. A total area of open water greater than one acre.

D. Those projects not requiring permits from or notification to the U.S. Army Corps of Engineers (4VAC20-333-20 B and E) will not require coordination with the U.S. Army Corps of Engineers or other federal agencies to qualify for this general permit. These projects will be listed on the monthly interagency coordination meeting agenda and will not require a formal presentation as outlined in 4VAC20-333-20 F, unless requested by the commission. Any requested formal presentations shall involve state agencies only.

E. The commission may conduct periodic inspections to evaluate compliance with applicable environmental management laws and regulations, and sediment and erosion control practices specified by the Virginia Department of Conservation and Recreation, Division of Soil and Water.

F. The results of any inspections conducted may be utilized by the commission to assess the advisability and continuation of the provisions of this permit. Such continuation may be on a highway district basis. The commission will advise VDOT in writing if a highway district is not in compliance and may suspend this permit for that district until evidence of compliance satisfactory to the commission is achieved.

G. Where emergency conditions exist in time of flood or other catastrophic event or a declared disaster by the Governor's office, VDOT, after consultation with the commission, will take whatever actions it deems appropriate to protect life and property of both private citizens and the transportation system of the Commonwealth. The emergency actions will be reported in writing by VDOT to the commission within three months of the completion of such action.

Historical Notes

Derived from Volume 15, Issue 23, eff. July 6, 1999.

Statutory Authority

§§ 28.2-103 and 28.2-1203 of the Code of Virginia.