4 Va. Admin. Code § 20-333-30

Current through Register Vol. 40, No. 22, June 17, 2024

Section 4VAC20-333-30 - Authorization and conditions

All proposals by VDOT to encroach in, on or over state-owned subaqueous land which qualify under 4VAC20-333-20 A, B, C and E are permitted subject to the following standard conditions:

1. Any proposed deviation from the preapproved plan must be formally recoordinated and approved prior to undertaking the work.

2. VDOT shall report annually to the commission on the projects which have been completed. The report shall include a record of the total subaqueous bed impacts.

3. This permit grants no authority to VDOT to encroach upon the property rights, including riparian rights, of others.

4. The duly authorized agents to the commission shall have the right to enter upon the premises at reasonable times for the purpose of inspecting the work being done pursuant to this permit.

5. VDOT shall comply with the water quality standards as established by the Virginia Department of Environmental Quality and all other applicable laws, ordinances, rules and regulations affecting the conduct of the project. The granting of this permit shall not relieve VDOT of the responsibility of obtaining any and all other permits or required authorizations for the project.

6. This permit shall not affect or interfere with the right vouchsafed to the people of Virginia concerning fishing, fowling and the catching of and taking of oysters and other shellfish in and from the bottom of areas and waters not included within the terms of this permit.

7. VDOT shall, to the greatest extent practicable, minimize the adverse effects of the project upon adjacent properties, tidal wetlands and upon the natural resources of the Commonwealth.

8. This permit may be revoked at any time by the commission upon the failure of VDOT to comply with any of the terms and conditions of this chapter or at the will of the General Assembly of Virginia.

9. This permit is subject to any lease of oyster planting ground in effect on the date of this permit. Nothing in this permit shall be construed as allowing VDOT to encroach on any lease without the consent of the leaseholder. VDOT shall be liable for any damages to such lease.

10. The issuance of this permit does not confer upon VDOT any interest or title to beds of the waters.

11. Specifically prohibited is the sale by subcontractors, without commission approval, of material removed from state-owned bottoms.

12. All structures authorized by this permit which are not maintained in good repair shall be completely removed from state-owned bottom within three months after notification by the commission.

13. This permit authorizes no claim to archaeological artifacts from state-owned bottoms, which may be encountered during the course of construction. If archaeological remains are encountered, VDOT agrees to notify the commission, who will in turn notify the Virginia Department of Historic Resources. VDOT shall cooperate with the commission and the Department of Historic Resources in the recovery of archaeological remains, if deemed necessary.

14. Projects authorized under this general permit shall be completed within three years from the date of issuance. Upon proper request by VDOT, the permit may be extended to allow completion of the work authorized.

4 Va. Admin. Code § 20-333-30

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

Statutory Authority

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