Section 160. Release of permittee from the financial responsibility requirements

A. The permittee shall submit a notice that compensatory mitigation has been completed in accordance with the requirements of the approved compensatory mitigation plan, permit or other order, within 60 days of completion of all compensatory mitigation requirements. Unless the board has reason to believe that the compensatory mitigation activities have not been implemented in accordance with the appropriate plan or other requirements, the board shall notify the permittee in writing that the permittee is no longer required to maintain evidence of financial responsibility for the project. Such notice shall release the permittee only from the requirements for financial responsibility for the project; it does not release the permittee from legal responsibility for meeting the compensatory mitigation requirements.

B. Where a VWP permit for the project is no longer required under law, the board shall notify the permittee in writing that the permittee is no longer required to maintain evidence of financial responsibility for the project. Such notice shall release the permittee only from the requirements for financial responsibility for the project.

Historical Notes

Derived from Volume 20, Issue 23, eff. August 25, 2004.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.