When some activities are conducted in wetland areas Permits are required in Virginia what regulatory authority issues these permits?

[From the U.S. Government Printing Office, www.gpo.gov]

Virgini'a
Mari'ne
Resources
Commission
Permit Compliance
and
Inspection
Program
Final Report


CZM Grant No. NA570Z0561-01 Task 13



October 1996



A












"This report was funded, in part, by the Virginia Department of

Environmental Quality Coastal Resources Management Program through Grant

#NA47OZ020287 of the National Oceanic and Atmospheric Administration,

Office of Ocean and Coastal Resources Management, under the Coastal Zone

Management Act of 1972, as amended.
The views expressed herein are those of the author and do not reflect
the views of NOAA or any of its subagencies. 'I




US Department of Commerce
NOAA Coastal Services Center Library

2234 South Hobson Avenue

Charleston, SC 29405-2413

Table of Contents




List of Figures.......................................................Page i

List of Tables .......................................................Page ii

Introduction ........................................................Page I

Permit Compliance Programn Overvi4ew.....................................Page 4

Permit Compliance Survey Results .......................................Page 6

Conclusion .........................................................Page 17

Attachments.........................................................Page 20

List of Figures




Figure 1.	Tidewater Virginia Localities	Page 2

Figure 2.	Inspections of VMRC permits for the Grant	Page 7
year following notification that projects had
been started.

Figure 3.     Inspections since 1993 of all VMRC permits                 Page 8
following notification that projects had been
started.

Figure 4.     Inspections for randomly selected projects                 Page 12
including wetlands and VMRC subaqueous
permits issued in 1989.

Figure 5.     Inspections for randomly selected projects                 Page 13
including wetlands and VMRC subaqueous
permits issued in 1990.

Figure 6.     Inspections for randomly selected projects                 Page 14
including wetlands and VMRC subaqueous
permits issued in 1991.

Figure 7.     Inspections for randomly selected projects                 Page 15
including wetlands and VMRC subaqueous
permits issued in 1992.

Figure 8.     Inspections for randomly selected                          Page 16
wetlands permits issued in 1993.


Figure 9.     Inspections for randomly selected                          Page 17
wetlands permits issued in 1994.
i

List of Tables




Table 1.      Number and Jurisdictional type of project selected              Page 10
for the compliance survey in each locality.

Table 2.	Level of compliance for constructed projects.	Page 11

Table 3.	Provides Wetland Board Compliance monitoring	Page 19
in each locality.
ii

Introduction
The Virginia Marine Resources Commission ("Commission" or 'VMRC"), as
provided in Chapter 12 of Title 28.2 of the Code of Virginia, is the State agency
responsible for issuing permits for encroachments in, on, or over State-owned
submerged lands throughout the Commonwealth. The Commission has possessed this
regulatory authority since 1962, and currently processes approximately 2,000
applications, and issues nearly 500 permits annually. Virginia is only 'One of the six
"low water states" and as such maintains ownership of all submerged lands
channelward of the mean low water mark in tidal waters, and regulatory authority
channelward of the ordinary high water mark on most naturally occurring nontidal
perennial streams, creeks and rivers.

In addition to managing the Commonwealth's 1,472,000 acres of submerged
lands, the Commission also regulates the use or development of tidal wetlands and
coastal primary sand dunes pursuant to the provisions of Chapters 13 and 14 of
Title 28.2 of the Code of Virginia. Local govemrnments in Tidewater Virginia are
provided the option of adopting and locally administering the wetlands and dune zoning
ordinances. VMRC, however maintains original jurisdiction in localities which have not
adopted the ordinances. Even if locally adopted and implemented, the Commission
retains certain oversight responsibilities and reviews all decisions made by those local
wetlands boards. Figure 1. shows the localities within Tidewater Virginia and the 35
that have adopted the wetlands ordinance and the six counties out of eight that have
adopted the dunes ordinance.
The regulatory activities conducted by the Commission and the 35 local
wetlands boards are integral components of Virginia's approved Coastal Zone
Management Program. The permit review processes used by the Commission and
these local wetlands boards ensures that necessary economic development is
permitted in a manner which minimizes adverse impacts to the valuable natu-ral
resources within our coastal zone.

Permit compliance is a mandatory component of any effective regulatory
program. As such, it is essential that the terms and conditions contained in the permit
documents be followed, if the full benefits of the regulatory program are to be realized.
Without such permit compliance, the regulatory process breaks down and serves only
as an increased bureaucracy.
In order to evaluate compliance with permits issued by VMRC and foral wetlands
boards a survey, funded in part by CRMP grant # NA90AA-H-CZ96, was conducted in
1991. The compliance survey was designed to investigate and gauge the effectiveness
of the various compliance monitoring programs currently utilized by VMRC and the
local wetlands boards. The survey was intended to both identify existing compliance




























i
a Wetlands Ordinance Adopted

'   Dunes Ordinance Adopted
or
Virginia Beach
I
Figure 1. Tidewater Virginia Localities
2

shortcomings and to ascertain effective compliance monitoring techniques, in order to
enable VMRC to develop concise recommendations to enhance compliance monitoring
programs.

The purpose of this grant project was to continue the implementation of
recommendations of the 1991 Permit Compliance and Inspection Program report and
continue a standardized permit compliance program for those permits issued by the
Commission within the Coastal Zone. In addition commission staff assessed permit
compliance for wetland projects authorized in 1994. The latter was designed as a follow
up to the previous compliance inspections conducted for projects permitted in I 989,
1990, 1991, 1992, and 1993.

This document is intended to serve as the final report for Task 13 of Grant No.
NA570Z0561 -01 and provides an overview of the steps taken to continue the
compliance monitoring program and a review of the compliance data gathered during
the grant year. Compliance data gathered during the previous years is also included.
3

Permit Comniance Proaram Overview
In the December 1991 Habitat Management Division - Special Report
(Attachment A), five recommendations were made for VMRC to enhance permit
compliance efforts.
1.	Require detailed drawings for all projects requiring a VMRC permit.

2.	Require accurate benchmarks or reference points on the plan view
drawing(s).

3.    Require Engineers to -take an adequate number of slides during the initial site
visit to illustrate pre-construction conditions.
4.    Require Engineers to conduct post-construction inspections at all sites
permitted by VMRC.
5.    Incorporate the data collected from the post-construction inspections into
the Habitat Management Division's computer data base.


In 1993 with funding provided by CZM Grant No NA2702031 2-11 these
recommendations were incorporated into the Commission compliance monitoring
program through several mechanisms. The Joint Permit Application (Attachment B)
was amended to reflect the need for more detailed drawings with accurate benchmarks.
New conditions were incorporated into Commission permits requiring that a permit
placard (Attachment C) be posted at the project site and procedures were established
for the Commission to receive notice when project construction is started. The latter
was accomplished through the use of a self-addressed stamped card (Attachment D)
which is returned to the Commission, by the permiftee. Special conditions related to
permit compliance have been added to all permits issued by VMRC. Examples of these
can be found in the attached sample permit (Attachment E).
Furthermore, procedures have currently been established within the Habitat
Management Division to require that the Division's Environmental Engineers inspect all
permitted projects. These procedures require that photos be taken of the site before
and after construction, and that the final inspection be documented throughout the use
of a Project Compliance Assessmnent Report (Attachment F).
In addition, a compliance data base has been established to track compliance
monitoring efforts and results. The data for projects permitted by VMRC can be found in
(Attachment G). Prior to the 1994 grant year the compliance data base had been
separate from the Habitat Management Division's permit tracking data. The
4

-compliance data for projects permitted by VMRC is now incorporated into the new
Habitat Management Division permit tracking system. This systern is part of the
Agency's Local Area Network (LAN) and operates in a Windowed format using
Microsoft Access. The compliance data is entered and maintained by the Division's
Program Support Technician supported by the grant and the system is accessible by all
Division Staff.
5

Permit Comp3liance Survev Results
During the grant year (October 1, 1995 through September 30, 1996) a total of
273 compliance inspections were conducted by VMRC Habitat Management Division
Staff. This involved 187 inspections of projects permitted by VMRC and 86 inspections
permitted by local wetlands boards. The inspections for projects permitted by VMRC
followed receipt of the self-addressed stamped card indicating the project had been
started. In addition new procedures were established to ensure a response on all
permitted projects (Attachment H) . Prior to permit expiration, letters are sent to all
permiftees who have not returned the self-addressed stamped card. The letter
requests that they notify us of the project status. If the permittee reports the project is
complete, the project is inspected. If no response is received from our letter the site is
inspected upon permit expiration. The wetland projects were randomly selected from
projects permitted in 1994 in order to gauge complian'ce with wetland board permits
and to add the data to that collected for projects permitted in 1989, 1990, 1991, 1992
and 1993.

Previously, wetland projects and VMRC permits were randomly selected for
compliance inspections and both permit types were reported together in the previous
data. However, since initiation of the Habitat Management Division program to inspect
all VMRC permits in 1994 mostly wetland permits are reported on as a result of the
random selection process.
Compliance results for all inspections are grouped into the following five
categories:

I1.	Project not constructed.

2.	In compliance with the permit document.
3.	Moderately in compliance (the average additional encroachment did not
exceed 6 inches greater than the permitted alignment and had length an-d
square foot measurements which were no more than IO% greater than
authorized).
4.    Out of compliance (the average additional encroachmnent exceeded 6 inches
and the length square foot measurements were more than IO% greater
than authorized).
5.    Unable to determine compliance.

Compliance rates for the projects permitted by VMRC and inspected during the
grant year are shown in Figure 2. Cumulative totals for all VMRC permits inspec-ted
since initiation of the Habitat Management Division compliance program are shown in
Figure 3. These results show that compliance rates for VMRC permits issued since
1993 have remained relatively stable. While the overall data shows that 80% of the
6

VMRC Permits
October 1, 1995 through September 30, 1996
/I 183
200

150

100

50

0
158

12               1               12

~WIH.4
z
,~~ I                                                          -1
/
Not Determinable
7%
Out of Compliance
 1%
Moderate Compliance
I|      7%
In Compliance
86%
Figure 2.
Inspections of VMRC permits for the Grant year following notification that projects had
been started.
7

All VMRC Permits

......~~~~~~~~~~~~~~~ -?---4---7 8 ----
-I .... .
....................
..... ......... . .- .--
..
.........................
.........................
.........................
.........................
..
4 3    ---484-                                          -..           -.----

385
~~~~~~~~~~.......................
..............................
..............................
..............................
.....................

I .    ..........    -..

...9.
...........................
..................4........
...........................
..........
......... ~ ..... ~~49 43
600

500

400

300

200

100

0
Out of Compliance
1%

Not Determinable
9%





Moderate Compliance
10%
In Compliance
80%
Figure 3.
Inspections since 1993 of all VMRC permits following notification that projects had
been started.
8

.projects are found to be in compliance, only I% were found to be out of compliance.
The remainder were either in moderate compliance or the compliance could not be
determined. Although compliance could not be determined for 9% of the projects,
inspections in these cases did not indicate there were any permit violations. Most of
these cases involved dredging projects, underground pipelines, or situations where
actual measurements could not be taken.
Table 1. reflects the number of projects reviewed in each locality for permits
issued since '1989. Thirty-three localities were represented over the five year period.
Five hundred and thirty of the projects required a wetlands permit, 82 a VMRC
subaqueous permit and 103 required both. This represents a total review of 715
projects, which are summarized in Table 2.

The yearly results for 1989, 1990, 1991, 1992, 1993 and 1994 are shown in
Figures 4,5,6,7, and 8 respectively. The compliance rates for all permits (VMRC and
Wetlands) issued since 1989 have shown a significant improvement. On -average there
has been a 25% increase in the projects constructed which were deemed to be in
compliance. The average for projects deemed to be in compliance is 61 % since 1989.
In addition, the numbers for projects considered in moderate compliance are holding
around 12%. The projects found to be out of compliance rose 3 percentage points, but
still holds on average at only 3%, and the projects where compliance is not
determinable have dropped IO% on average.
9

Table 1
Number and jurisdictional type of project selected for the compliance survey in each locality.

Locality                     Project #                 Project Type
Year
89 90 91 92 93 94
Accomock

Charles City

Chesapeake

Chesterfield

Essex

Fairfax

Gloucester

Hampton
Hanover

Isle of Wight

James City

King end Oueen

King George
King William
Lncaster

Mathews

Middlesex

New Kent

Newport New

Norfolk

Northampton

Northumberland

Poquoson

Portsmouth

Prince Wliam
Richmond Co

Stafford

Suffolk

Suny

Virginia Beach

West Point

Westmoreland

York

Totah

33 Localities
55,35W,6B'

25,3W,2B

25,23W, 1B

OS,IW,3B

65,5W,2B

3S,2W,OB

1S,19W,SB

5S,22W,OB

1S,OW,OB

2S,6W,OB

OS, I1W,IB

15,3W,1B

25,7W,OB

OS,3W,2B

3S,49W,6B

OS,20W,sB

45,39W,12B

2S,4W,OB

8S,SW,2B

7S,32W,4B

iS,9W,1 B

2S,57W,7B

1$,16W,1B

1S,3W, B

IS,2W,1 B

2S,3W,48

35,1 W,5B

2S,SW,l B

iS,iW,OB

95,64W,14B

I S,OW,OB

25,41W, 12B

1S,17W,1B



82 Sub.

530 Wet.

103 Both
15115 5	6	5

0	2131	0

4	534	5	5

0	10 21	0

1	43 32	1

1	11 20	0

3	68 22	4

5	383 6	2

0	1000	0

0	020 2	4

3	31 3 1	1

1 03  1 0	0

1	220 1	3

1	11 01	1

9 15999	7

3	398 2	3

8	710 178	5

0	1013	1

0	456 1	2

8	87	134	3

1	3 1	2 2

19 14 8196 6

1	248 3	3

0	050	1 0

1 1010	1

0132 1 2

343323

1 0133 0

0010 1 0

20221511 7 10

0 0 1 0 0 0

7 5 141410 6

4 1 2 4 2 6



120 Projects (99)

131 Projects (90)

136 Projects (91)

149 Projects (92)

93 Projects (93)

86 Projects (94)
10



Table 2
Level of compliance for constructed projects.
1989
Total

120


mia

98


82%


50

51%


14


14%


8

8%
1990
Total
131





109


83%


51
47%


21


19%


4

4%
1991      1992       1993     1994
Total        Total
Total        Total
# of Proiects
Reviewed
% of Projects
Reviewed
# of Projedts
Constructed
% of Projects
Reviewed
# in Compliance

% of Projects
Constructed
# in Moderate
Compliance
% of Projects
Constructed
# Out of Compliance
% of Projects
Constucted
# Compliance
Indeterminable
136


n/a


113


83%


54

48%


23


20%


7
6%
149



0/,

122


82%


87
71%


22

18%


1
1%
93





91%5


91%


69
81%


10


12%

2
2%
86





82


95%


63
77%


11

13%


4

5%
26         33          29         12         4         4
% of Projects
Constructed
27%
30%
26%    10%
5%    5%
11

1989 Inspections
140
120
100
80
60
40
20
0
Not Determinable
27.0%
Out of Compliance
8.0%
Moderate
14.0%
In Compliance
51.0%
Figure 4.
Inspections for randomly selected projects including wetlands and VMRC subaqueous
pernits issued in 198g.
12

1990 Inspections
160 /
4 '131
140
120
100
80
60
40
20
0
/I
33
d
In Compliance
47.0%
!
Moderate Compliance
19.0%

Out of Compliance
4.0%
Not Determinable
30.0%
Figure 5.
Inspectons for randomly selected projects including wetlands and VMRC subaqueous permits issued
in 1990.
13

1991 Inspections
160
140
120
100
80
60
40
20
0
In Compriance
48.0%
!
Moderate Compliance
20.0%
Not Determinable
26.0%
Out of Compliance
6.0%
Figure 6.
Inspections for randomly selected projects including wetlands and VMRC subaqueous
permits issued in 1991.
14

1992 Inspections
l18
0

160

140

120

100
80
60
40
20
0
In Compliance
71.0%
Not Detemainable
10.0%Y
Out of Compliance
1.0%
Moderate Compriance
18.0%
Figure 7.
Inspections for randomly selected projects iicluding wetlands and VMRC subaqukeous
permits issued In 1992.
1
5

1993 1 nspections
120
100
80
60
40
20
0
,ll
....... .- .....................................................................



..,. __ ...... ... . ..... . _. .. _._ .. ... ._ ............. ........ ...._..I

... - . ............ a
'22                                                  4
-                                                     -
Moderate Compliance
12%


Out of Compliance

 2%
 Not Determinable
5%
In Compliance
81%
Figure 8.
Inspectons for randomly selected wetland penrmts issued in 1993.
16

1994 Inspections
100

80

60

40

20

0
In Compliance
77%
Not Determinable
5%

Out of Compliance
5%

Moderate Compliance
13%
Figure 9.
Inspections for randomly selected wetlands permits issued in 1994.
1 7

Conclusion
Based on our review of the data collected and considering the improvements in
observed compliance rates, the program appears to be working. Our efforts, must
continue, however, if we are to ever approach the ultimate goal of I100% compliance on
all permitted projects. In order to achieve this goal we must continue our current
monitoring prograrn. Furthermore, we believe there are additional areas where we
must focus our attention.

At the local level, staffing and financial constraints continue to deter many
wetland boards from implementing a formal wetlands compliance program. Table 3.
provides an overview of compliance monitoring programs by locality. This table is
based on a VMRC staff evaluation of local programs rather than any comprehensive
survey. Therefore, some local programs could characterize their compliance efforts
differently. The table does, however, provide an indication of the range of effort at the
local level and provides, in conjunction with our compliance surveys, information
necessary to focus attention in areas where assistance may be needed the most.
Although we plan to continue inspections in all localities, we will attempt to provide
additional assistance in those areas which only have informal procedures for
compliance monitoring and which conduct very few compliance checks.

For projects requiring permits from the Commission, the compliance program
has led to better project drawings and the use of accurate benchmarks for improved
project monitoring. On the other hand, it has allowed us to identify those projects that
present a monitoring challenge. For example, compliance in dredging projects have
proven difficult to monitor. It is difficult to require the average homeowner to incur the
expense of a post dredge survey for a small dredging project under his pier slip.
As a result, special permit conditions have been developed that require pre-dredging
conferences and encourage post dredging surveys on large dredging projects. Even
with the special conditions, however this continues to be an area where we must
continue to focus our attention.

To date the compliance monitoring programn has allowed evaluation of the
effectiveness of our permit and monitoring procedures. As such, the monitoring
program can only improve our resource management responsibilities. Therefore,
permit compliance initiatives must continue to be a long term effort if we are to ensure
proper construction techniques and the protection of our valuable natural resources.
This effort, combined with the improvement of our permit tracking database and the
development of GIS capabilities, which we are still working towards, is necessary if we
are to realize the goal of making cumulative impact assessments a part of our wetlands
and submerged lands permitting program.
18


Table 3
Provides Wetland Board Compliance monitoring in each Locality.

Locality                           Program
Project Checked
random
Formal
Informal
a11
l
none

Accomack	x                                            x

Charls City	x                      x

Chesapeake	x                                            x

Esex	x

Fairfax	x

Gloucester	x	x

Hampton	x	x

lIle of Wight                                               x	x

James City                              x	x

King George	x	x

King William	x	x

Lancaster	x	x

Mathews	x                                          x

Middlesex	x	x

New Kent                                                    x	x

Newport News	x	x

Norfolk	x                                         x

Northampton	x	x

Northumberland	x	x

Poquoson                                x                                          x

Portsmouth                                                                                                                      x

Prince William                                              x                                            x

Richmond Co                             x                                         x

Stafford	x	x

Suffolk	x	x

Surry	x	x

Virginia Beach                          x                                          x

West Point                                                                                                                      x

Wetmoreland	x	x

York	x	x
19

Attachment A

I.- -Permit Compliance and Inspection Program:
-: ""Findings and Guidance Document"   -  '

 INRODUCflON


The Virginia Marine Resources Commission
 ("the Commission" or "VMRC"), in conformance
with Section 62.1-3.of the Code of Virginia, is the
State agency responsible for issuing permits for en-
croachments in, on,-or over State-owned submerged
lands throughout the Commonwealth. The Com-
mission has possessed this regulatory authority
since 1962. We currently process over 2,000 appli-
cations and issue nearly 500 permits annually. Vir-
ginia is.a "low water state" and assumes jurisdiction
of submerged lands channelward of the mean low
water mark in tidal waters, and has regulatory
authority channelward of the ordinary high water
I     �* mark on most naiurally occurring nontidal peren-
nial streams.
In addition to managing the Commonwealth's
submerged lands, the Commission also regulates
certain activities in tidal wetlands and coastal pri-
mary sand dunes pursuant to Chapters 2.1 and 2.2
*      of Title 62.1 of the Code of Virginia. Local govern-
ments have the option to adopt and administer the
ordinance. VMRCasserts original jurisdiction in
those Tidewater localities which have not assumed
local regulation through the adoption of the model
wetlands and dunes ordinances. Even where lo-
)*  '   cally adopted and implemented, the Commission re-
tains oversight responsibilities for all decisions
made by those local wetlands boards'.
The regulatory activities conducted by the Com--
mission and the.34 local wetlands boards are inte-
gral'core components of Virginia's approved
Coastal Zone Management Program.. The permit re-
view processes used by the Commission and these
local wetlands boards ensures that necessary eco-
nomic development is permitted in a manner which
minimizes adverse impacts to the valuable natural re-
sources within our coastal zone.
* Permit compliance is.a mandatory component of any
.effective-regulatory program. As suich, it is essential that
tlie terms and conditions contained in those permit docu-
-'ments be followed if we aie to realize the full benefits of
the regulatory programn.  Without such permit compli-
ance, the regulatory process breaks down'and serves
. only to increase bureaucracy.
In July 1990, Senate Bill 183 became law (Ch. 881
Acts of Assembly 1990).' This legislation provided the
Commission and local wetlands boards with the author-
ity to issue restoration orders and assess civil charges for
violations of the applicable subaqueous, wetlands and
sand dune statutes. An ability to accurately determine
and monitor compliance with permit requirements is es-
senitial if the agency and wetlands boards are to effec-
tively carry out the intent of this legislation.
Unfortunately; Commission staff does not currently
have a standardized procedure for monitoring permit
compliance. Instead, the staff engineer assigned respon-
sibility for a particular locality will attempt to inspect
projects which are under construction or have been re-
cenitly completed. Quite often such compliance inspec-
tions are in response to the receipt of an inquiry or
complaint. Additionally, the Commission's marine law
enforcement personnel are often aware of permitted pro-
jects in their localities and occasionally make site inspec-
tions during the performance of their daily duties. In
either case, however, only a smallpercentage of the pro-
jects permitted by VMRC are routinely inspected for
compliance.
Permits issued by wetlands boards are also not al-
ways carefully reviewed for compliance upon project
completion. Independent studies conducted by Brad-
shaw (1990), Hershner et al. (1985) and a survey con-
ducted in conjunction with this project indicate that the
extent of permit compliance monitoring by local wet-
lands boards varies between localities. That effort
 This report was fundcd, inpart, by the Virginia Countcil on thecEnvironmcnt's Coastal Resources Management Program through
grant #NA90AA-H-CZ796 of the Naional Ocnic andAtmosphericAdministratrion under the Coastal Zone ManagementAct of 1972 as amended.
I



ranges from rigid compliance monitoring programs
to virtually nonexistent monitoring. -The level of
monitoring is quite often dictated by both-the..
amount of permit activity and available:staff time,
*       .Therefore, although permit compliance moriitoring
is an essential element of the iegilatory process a'nd.
a valuable tool fdr gauging the effectiveness of the  .
permitting system, there is not a standard procedure:
for such monitoring, and only a few wetlands :
boards actually utilize a comprehensive compliance
*       .program.                         '   ' -     : -
.   This study, funded in part by the National Oce- -
 . anic and Atmospheric Administration through i '
grant received under the Coastal Zone Manargement.
Act of 1972as amended, was conducted to.study '.
permit comlliance, develop.a permit compliance
� � and monitoring program for use by the-Marine Re-.
sources Commission, -and to make recommenda-:  ;
tions to the local wetlands boards,-where
appropriate, in an effort to help impr6ve'th6ir per-
mit compliance efforts.

'COMPLIANCE SURVEY

The compliance survey was designed to investi-'" '
gate and gauge the effectiveness of the various com-.
- .. pliance monitoring programs currently utilized by
 VMRC and local wetlands boards. The survey was -
intended both to identify existing compliance shoit-:
comings and to ascertain effective compliance  '
monitdri,ng techniques in order to develop concise.
recommendations to enhance compliance monito.r-
ing programs.

Methods              ."

One hundred and forty (140) projects were ran- -
domly selected from a pool of 778 applications sub-
nmitted in 1989 for permits to use or d.eve!lop tidal '
wetlands or to encroach in, on, or over State-owned'
submerged land. Applicatibos for subaqueous per-
mits outside of the Tidewater region were excluded .
.*  , from the selection pool, as were applications which'
did not require a permit from either the local wet-
*         lands board or VMRC. Also excluded were.applica-
tions which only requested authorization for private -
boathouses. Althoiugh more recently issued permits
could have been used, 1989 permits were selected
because it was believed that the majority of these
projects would likely have been constructed by the
time of the survey:
The 140 selected applications were screened-
and those applications which were submitted after-'
the-fact, involved only subaqueous dredging, or had
not yet received a permit due to delays or denial were
discarded. After screening, 120 projects remained in the
sample group. Prior to conducting the survey we con-
suited with Mr. Lyle VamelI and other members of the
Wetlands Department at the Virginia Institute' of Marine
: science and determrined that a sample size equal to or.
� greatet than 120 should provide statistically significant
esults..





Table...  .
NumberandjuOisdictionaLtype of project selected for. the
compliance survey in each locality.              .



-L~_ity       RuraldUrian #   sroitsa  Typ; orr lPoe


3S, 7W, SB
4W
1B
1W
 1, 1W, 1B
32,2W
.3W
1WN
1W
1B
1S, SW, 3B
3W
1S, 5W, 2B
IS,-6W, lB
1S
18W, 1B
1W
1B
2S, 1W
- * 1W
14W..6B
4W, 3B
3W, 1B .


rojccis    13 Subaqueous

Aceomack
Chesapeake
Essex
Fairfax
Gloucstecr
*Hampton
James City
King George
King and Queen
King William
Lancaster
Mathews
Middlesex
Norfolk
Northbampton
Northumberland
Poquoson
Prince William"
Stafford
Suffolk
Virginia Beach
 - Westmoreland
York

Totals
23 Localities'

Rural
Urban'
 
Rural
*Urban
Rural
Urban
Urban
Rural
Rural
Rural
Rural
Rural
Rural
Urban
Rural
Rural
Urban
�Urban
'Urban
Rural
Urban
-Rural
:'Urban
..5
4
1
.  1
3
'  s.
3
1
1
1
9
.3
-8

1
19
.	1I


.	3
-20
7
.4�
13 Rural	120 P
10 Urban
	Revie
%
wed
81 Wetlands
26 Both
Permit activity per locality is highly variable. For ex-
ample in 1989 there were no applications received in
some localities while in others over 200 were reviewed.
Since permit activity varies widely between localities
and because the study hoped to draw conclusions on the
2

Categories 1,-2 and.3 were fairly straightforward and
easy to assess. The distinction between those projects
considered to be in moderate compliance or out of com-
pliance was more difficult to make and became some-
what subjective. As a rule, however, those projects
considered to be moderately in compliance possessed an
average additional encroachment which'did not exceed 6
inches greater than. the permitted-alignment, and had
length and square foot measurements 'which were no
more than 10% greater than that authorized. Those pro-
jects exceeding either of the above thresholds were con-
sidered to be out of compliance.    :
As previou'sly mentioned dredging projects were not
included in the survey.. These. projects were &xcluded be-'
* cause we believed that it would. be difficult to'distin-
guish between man-made'and natural post-dredging
* deviations in depth.contours. 'However, recommehda-.
* lions to monitor compliance for dredging projects ire in-
� 'cluded in the Recommenridations section' of this-  '
document.


Results

The results of the survey are summarized in Table 2.
You will note that the survey results were subdivided
into rural and urban categories. 'This wvas done in an ef-
fort to ascertain if there were any demographic:differ-
ences in compliance levels. For the'purpose of this'
study, rural localities were defined as those having popu-
lation densities of less than 140 per square mile; urban
localities were defined as having population densities
greater than 140 per square mile.. The figures. for popula-
tion density �were obtained from the 1980 census by the.
U. S. Department of Commerce (Univ. of Virginia,
1987). This breakdown.was also patterned after that
used by Bradshaw (1990) in her compliance monitoring
study.
In addition to.providing.the raw numbers for the pro-
� jects determined to be in a particular icategoiy; Table' 2
also provides the percentage of constructed pr.ojects -
which were categoiized by their level of compliance.'
These percentages are particulairly interesting when
evaluating the results. Especially noteworthy are the per-
centages of projects in which compliance could notbe
determined. -Figure'2 futther illustrates this information.
Figure 1. Tidewater Virginia


�overall effectiveness of permit compliance within
the coastal zone; no effort was made.to ensure that,
all localities were represented in the survey. In-
stead, it was anticipated that the random sample
would result in a sample group which more accu-
rately reflected the average permit activity per local-
ity. Therefore, the number of projects reviewed in
each locality varies according to the observed per-
mit activity in 1989.'
.  Twe nty-three (23) of the 49 Tidewater localities
were represented in the sample group.- Figure 1. and
Table I illustrate the Tidewater region and indicate
the number of projects reviewed in each locality.
 - Eighty-one (81) of the selected projects required
*      only a wetlands permnit,13 required only a subaque-
� ous permit and 26 impacted bothjurisdictions and
required subaqueous as well as wetlands permits.
Site inspections were made of all the 120 se-
lected projects to determine the degree of.c.mpli-
ance. Results of the complia:nce inspections .were
grouped into five categories:.

1. Project not coristructed
2. Unable to determine compliance
3. In compliance with the permit document
4. Moderately in compliance with the permnit
�*            document.
5. Out of compliance _Wth the permit document
3

Due to the somewhat subjective nature of the data
and the low number of samples in some of the sub-
groups, no statistical tests for significance were at-
tempted. Nevertheless, there appears to be a discernible
difference between rural and urban localities in all the
categories other than "Moderate Compliance." A clearer
disparity exists, however, when the cities of.Virginia
Beach and Norfolk are factoied independently and then
compared to all other localities. This is presented in Ta-
ble 3 and illustrated in Figure 3.

Table.3.
Compiled results of compliance survey'conducted:for pro-
jects permitted ii Tidewater during 1989. Ya. Beach and
Norfolk factored independently.    .
Table 2.
Compiled results of compliance survey conducted for
projects permitted in Tidewater during 1989.



Vrba



120
n/a
70 .
58%



.55
79%6
# orProjects Reviewed
% oC Projectds Reviewed








In Conpliance,
% of Costruded Projects


# Moderat  Complance
% or Coas-tmccd Projects


* Out of Complince
*           % of Construdcted Projects,


# Complance Interminble
% d Costrucded Projects


Figure 2.
so .
42%
98	43
.82%	86%





93	. 22	70
77%	18%	58%

V  Beach -
 
& Nrtfolk
285
23%

50	26	24
51%  .	6096.	44%.


14	6	8.
14%	14%	14%


8	2	-6
8%	5%	11%

# Prqolets Reviewed
% Projects Reviewed


# Projects Constructed
% Projects Reviewed,


#in-Compliance
 Construdted Projets


# Moderate Compiance,
% Constructed Projects


# Out o Compliance
*6 Constructed Projects
76
82%
21
55       22
95%     77%      79%
32	8-	24	18
42%	38%	44%	82%


12	4	8	2
26
27%
9	17
21%	31%
16%  '19%
14%     9%
Projects categorized by level of compliance.
8
10%
2	6	0
10%	11%	0%

7  Compliace InddemIable
% construct  Projects

24	7	17
32%	33%	31%
70
2
9%.
50



40



30
Figure 3 clearly illustrates a disparity between the cit-
ies of Virginia Beach and Norfolk when comJiared to all
other Tidewater localities. Eighty-two (82) percent of
the completed projects reviewed in Virginia Beach and
Norfolk were determined to be in compliance, whereas
only 42% of all other projects reviewed were catego-
rized as "In Compliance". Also noteworthy is how simi-
lar the percentages of the urban and ruial localities
become once Virginia Beach and Norfolk are factored
out.
t0
In Compliance   Modearte
Compliance
Out of	Indeterminable
Compliance	Compliance
d

able. Compliance determinations are made more diffi-
cult when the person inspecting the constructed project
was not present during the initial site visit and is there-
fore unfamiliar with preconstruction conditions. With-
out the aid of precise.benchmarks or other means to
pinpoint the alignment of a project, compliance determi-
nations are difficult at best and frequently impossible:
As expected, the projects in localities that re_q&uire
more detailed application drawings and information ex-
hibited a higher percentage of determinable compliance.
This is illustrated in Figure 3. Compliance could be'de-
termrined at 91% of the sites inspected in Virginia Beach
and Norfolk.' Both of these localities require detailed
permit drawings with identifiable benchmarks.. Both
also regularly conduct post-construction compliance in-
spections. Additioially, Virgiriia Beach requires profes-
sionally engineered project drawingsagnd further
requires the permittees to -post performance bonds,.
.Those bonds are not released until post-construction:in--
spections have determined that projects are indeed in
compliance with the permit granted by the Boaird.
Not.only was compliance usually determinable at the'
Virginia Beach and Norfolk projects,'but.the level of
compliance was generally higher as well. 'This is most
likely attributed to the regular-post-construction inspec-
tions. Ninety (90) percent of the projects where'compli-
ance could be determined in Virginia Beach and Norfolk
�were determined to be in compliance and 10%o were in
moderate compliance. None of the inspected sites were
determined to be out of compliance. By comparison,
15% of the sites visited in other localities, were catego-
rized as out of compliance, where compliance could be
determined.
Prior to conducting the study, it was anticipated that
there would be a marked difference in compliance levels
between urban and rural localities. �Initially this ap,
peared to be the case. Once Virginia Beach'aiid Norfolk
were factored independently from the other urban locali-
ties, however, the data revealed very little difference in
compliance levels between urban and rural local'ities.
It appears that the programs being implemented by
Virginia Beackand Norfolk are-effective in ensuring per-
mit compliance. As a result-tthe recommendations for
improving compliance draw heavily on the examples '
.provided by'these localities.


SUMMARY AND' RCOMMENDATIONS

The increasing importance of effective compliance
monitoring cannot be overstated. Recent legislative
changes which authorize VMRC and wetland boards to
issue restoration orders and assess civil charges for viola-
tions of wetlands, dunes, and subaqueous statutes neces-
sitate compliance programs which can accurately
Figure. 3.
Projects categorized by level of compliance. Va. Beach
and Norfolk factored indenpendently.
100


m	. I

...	. -

.   .   .	!,5-ewns
	., .
--] t-	w -
	7
-.	1~48,,,.t
	' -'







-" ....




~~~~~.  -. ..*
.X
-
I
60 -







 0-



*-    '          Moderate	Ot e	Ilnddcaerinnablc:
Compliance Complnce	Complnce	CiiplanUce


Discussion    '

A cursory review of the survey results is at first
very discouraging: Of all the constructed prjects'
reviewed, only 51% were determined to be in com-
pliance. It is important to note, however, that com-
pliance could not be determined for one reason or
another at 27% of the sites visited. The fact that.
compliance could not be determined does not auto-
matically mean that th6 projects were'not built in
conformance with the intent of the permit docu-
ment.
In fact, it is more encour'aging to note 'that the
vast majority of the'sites visited even-where compli-
ance could not be determined, appeared to have
been constructed aloiig ieasoriable alignments and.
were often the proper length or width or both. This
seems to indicate a general intent to comply with
� permit requirements. Tiis opinion is further sup-
ported by the fact.that;, of ali those projects where
compliance could be determined, 89% were deter-'
mined to be in either total or moderate coripliance.
The primary problem identified during the sur-
vey was the inability to precisely determine compli-
ance at 27% of the sites visited. 'Many of the
permits did not have adequate drawings or bench-
marks to ensure compliance. A;dditionally, many
permits contained ambiguous conditions such as,
"approximately" or "as close po the bank as possi-
ble", which are by their nature virtually unenforce-
5

1. Require detailed drawings for all projects re-
quiring a wetlands permnnit. At a minimum, all of the in-
formation contained in the Joint Permit Application
drawing checklist should be included in the drawings.
Some boards have taken this a step further and require
� professionally engineered drawings on all projects,
while others require such P. E. stamped drawings only
on commercial projects or large projects that surpass a
certain threshold of impact. These requirements should
�be clearly established as wetland board policies. An ap-
plication should not be considered complete until all the
* required information has'been received.

2. Special attention should be given to requiring
accurate benchmarks and reference points. Accurate
 distances from fixed reference points or benchmarks to' .
each end and/or angle of the structure or impacted area
'should be required. A sample plan view drawing con-
'taining'representative benchmarks is provided in Attach-
.ment 1. These distances should be carefully confirmed '
. during the initial site visit since they will ultimately be-
come the final indicators of permit compliance. If
benchmarks prove impractical for a particular project,
then a condition requiring that the alignment be staked
and inspected prior to permit issuance should be im-
posed as conditions of approval. Some boards also re-
quire that the alignment of a bulkhead be inspected and
:approved:after installation, but prior to backfilling, to re-
' duce the environmental impacts and costs of restoration
in the event it has been improperly constructed.

3. Take an adequate number of photographs or
slides during the initial site visit to clearly document
� pre-construction site conditions. In addition to provid-
ing valuable reference material: for public hearings, pho-
tographic documentation provides clear comparative
evidence when determining permit compliance. If video
equipment is available, it may prove to be another help-
ful tool. .VCR tapes may even be less expensive and eas-
ier to archive in the long run. Photographic
documentation is especially valuable if the project will
require the grading of the adjacent upland.

4. Conduct routine post-construction inspections.
Although this may involve additional man-hours, it is
.the only mechanism available to ensure permit compli-
ance. If the required permit drawings and benchmarks
are clear and accurate, the compliance checks can usu-
ally be conducted quickly, even by individuals unfamil-
iar with the project Some localities might wish to
utilize their existing local building or code compliance
inspectors to check wetland board permit compliance
during their other regular duties. If a post-construction
inspection policy is adopted by the board, the inspectors
should utilize a compliance inspection worksheet similar
ascertain whether projects were conducted in con-
formance with the applicable permit documents.
According to the 1988 report by the Year 2020
Panel entitled, "Population Growth and Develop-
O'   . ment in the Chesapeake Bay Watershed to'the year
2020", Tidewater will experience continued and
rapid population gr6wth over the next two decades. '
As a result, conflicts between the various compet- -
ing user groups within the coastal region can only
be expected to increase and the issues become more
*O.     complex. Effective regulation and compliance moni-
toring will be essential if we are to accommodate
and manage this growth while limiting adverse im- .
pacts to our finite coastal resources.
-When developing compliance monitoring poli-.
cies it willbe important for the wetland boards and'-
..VMRC to strike ah approptiate balaince between an
effective program and.unnecessary bureaucratic red
tape. If the policies and procedures are overly corn-
plex, time consuming, orexpensive, public outcy    '
and resistance is sure to Occur. Therefore, the fol-
lowing recommendations are intended to provide
the minimum mechanisms necessary to guarantee.
increased compliance without imposing undue or
unrealistic hardships upon the applicant.

Recommendations to Wetlands Boards to En-
hance Compliance Efforts

Wetlands �board compliance monitoring efforts
vary videly between localities. As a result, some
of the following recommendations will not be appli-
cable to all boards. In fact, many of the recomimen-
dations were developed from existing wetlands
board policies which have proven to be effective.
- The majority of the recommendations are designed
to assist boards in developing an acceptable compii-.
ance monitoring program if they don't currently
I  have one. They may also provide suggestiors- for -
improvement in those boards with existing compli-
ance procedures.  '        '
We acknowledge'that numerous localities are al-
ready financially constrained'and as such may not.'
have the additional funds or personnel necessary to
*         dedicate to an expansion of their wetlands pro-
grams. These recommendations were developed
with that in mind. Most can be effectively imple-
mented without additional manpower. In fact, once
underway, an active compliance monitoring pro-
gram could actually streamline project reviews and
*         reduce the number of time consuming violations
and after-the-fact permit requests that a board now
considers.
6

provide an additional mechanism for ascertaining when
the permitted construction has been completed, since the
permittee will typically call for a compliance inspection
soon thereafter in order to have his bond released.
Whether or not the board develops a performance bond
policy for all projects, performance bonds should be con-
sidered as a valuable tool to ensure compliance on pro-
jects of spedial concern.

.Recommendations VMRC Should Consider to En-
hance Compliance Efforts
Virginia' state agencies are also currently operating
within strict fiscal constraints. In addition, all agencies
contitiue to explore ways to streamnline the permitting
' process.. As a result, it is especially important that any
new compliance enhancement policies not result in-addi-
tional b'urdens on VMRC?s financial resources nor result
in unnecessaiy additional requirements imposed on the
applicant. The following recommendations are made '
'with this in mind and'are typically policy and procedural
type changes rather than an imposition of new require-"
 ments on the applicant. Many of the recommendations
 for VMRC are similar to those noted for wetlands
boards.

1. Require detailed drawings for all projects re-
quiring a VMRC permit. Staff engineers should utilize
the drawings checklist found in the Joint Permit Applica-
tion in their initial review of each application to deter-
mine completeness. Areas where insufficient data was
provided should be conveyed to the applicant with the
acknowledgement letter. Incomplete applications should
not be processed. If adherence to'this policy fails to pro-
vide the anticipated results, the Commission may wish to
consider adopting a regulation that requires profession-
ally engineered drawings be submitted on all commer-
cial projects, or for projects exceeding a certain
� threshold of impact or value. In the event an engineer
can clearly determine from the available information that
a VMRC permit will not be required, additional informa-
tion to satisfy this policy would not be necessary.

2. Accurate benchmarks or reference-points
should be tequired on the plan view drawing(s) of all
projects requiring VMRC authorization.' Accurate
distances from the benchmark to each end, and angle of
the structure or impacted area should be mandatory.
These distances shourd be routinely checked during the
initial site visit: If benchmarks are impractical for a cer-
tain project, it may be necessary to have the applicant
stake the impacted area. If staking is utilized, the engi-
neer should take an adequate number of slides to accu-
rately document the proposed alignment. This may well
.be the case for dredging proposals.
to the one developed by VMRC. This form may be -
found as Attachment 2. The worksheet will help to
ensure that all the necessary information is gathered
during the inspection and will provide a -quick refer-
*   ' ence in the event questions regarding the project
arise later. Additionally, the worksheet-information
- should be provided to 'VMRC for incopdoration into
the compliance data'base. The data base 'will pro-
vide a valuable source of information on compli-
ance and the overall effectiveness of individual
'*   wetlands boards.
5. Utilize only enforceable permit conditions '
and avoid nebulous statements such as "approxi-
mately" and "as close to the bank as possible.
Instead, the board should negotiate a specific maxi-
�      mum encroachment, length, oramount of impacts
:should modifications become necessary to satisfy
any coicerns. If modifications or revisions are
. agreed to during the public hearing, revised draw-
ings which accurately reflect the modification,.in- -
e '	cluding revised benchmark distances, should be
)*	.required prior to permit issuance: .

6. Develop a wetland board placard to-be'
posted by the permnnittee at all permitted project
sites during construction. The placard'can serve
to aid inspectors and concemrned citizens when a pro-
*      ject is under construction and problems or questions
arise. The placard would provide the name and per-
mit number, making identification and inspection of
the project easier. If the locality already requires
building permits for all wetland projects, they may
wish to avoid duplication and just add the wetland
�* '   permit number to the placard for easy identifica-
tion. A sample placard that was developed for
VMRC is provided as Attachment 3.
7. Performance bonds can be utilized to pro-
vide a financial incentive to comply with wet-
*      lands permits. Some boards currently require all
' permittees to post a performance bond-- That bond
is not released until a post-construction inspection
has determined that the project was constructed'in
conformance with the permit document.. Some  .
� boards may deterriine that bonds are not appropri-
ate for all projects due to low permit� activity or the
fact that additional man-hours are required to proc-
ess the bonds.'
Bonds are a compliance mechanism that are al-
ready provided for in the wetlands law. They are
*      routinely used effectively by a few boards to ensure
compliance. The bonds are typically set high
enough to provide sufficient funds to undertake res-
toration in the event of noncompliance. Bonds also
7

method to identify projecis which have yet to be in-
spected, as well.as, provide the next logical step in per-
mit tracking. Used in conjunction with the existing
project description tracking data, the new data would al-
low examination of compliance by such attributes as,
project type, locality, contractor and agent involved. It
would also provide important data onf the number of pro-
jects which actually get completed. This information
would provide an additional valuable tool for monitoring
compliance and identifying potential shortcomings in the
regulatory program.
VMRC should strongly encourage local wetlands
boards to'conduct routine post-construction inspections
utilizing the compliance Worksheet and provide the re-
suilts of the inspections to VMRC for incorporation into
the compliance tracking data base. Projects in localities
which opt not to'conduct routine post-construction in-
spections should be inspected by VMRC personnel, if
necessary,:to obtain the compliance data.

Literature Cited


Bradshaw, J.G. 1990, Monitoring of compliance with permits
granted by local wetlands boards. Technical Report No. 90-1.
7p. College of Williamnand Mary, Virginia Institute of
Marine Science, Wetlands 'Program, Gloucester Point,
Virginia.


Hershner, Carl, Thomas A. Barnard, Jr., and N. Bartlett
Theberge. 1985. Analysis of Virginia's.local wetlands boards.
Pgs. 537-543 in Magoon, Orville T., Hugh Converse, Dallas
Minor, Delores Clark and L. Thomas Tobin, eds. Coastal Zone
'85. Proceedings of the Fourth Symposium on Coastal and
Ocean Management. American Society of Civil Engineers.
NewYork. 2672p..


University of Virginia, Center for Public Service, .1987.
Virginia Statistical Abstract. Center for Public Service,
University'of Virginia. Charlottesville, Va.


Year 2020 Panel. Population Growth and Development in the
Chesapeake Bay Watershed to the Year 2020. Chesapeake
Bay Program; Annapolis, Maryland. 52p.
3. Engineers should take an adequate num-
ber of slides during the initial site visit to clearly
illustrate pre-construction site conditions. Photo-
*       graphs provide a valuable source of information
when reviewing constructed projects for compli-
ance. They are especially valuable when a great
deal of time has elapsed since the iniifal site visit
and in those cases where the engineer who origi-
nally reviewed the project is no longer available to
*       assist.
Although slides have been used almost exclu-
sively in the past for photographic documentation,
it may be useful to utilize video tape for certain
types of projects. If video. taping is used more fre-
quently, it may be necessary to'develop a method to
*       archive the tapes for easy access and retrieval.

4. Engineers should conduct post-construc-
tion inspections at all sites.permitted by VMRC.
The post-construction inspection form found in At-
tachment 2 should be utilized to ensure that all nec-
essary information is gathered during the visit.-
The Commission should consider expanding'
their existing Memorandum of Agreement with the
Department of Game and Inland Fisheries to in-
elude'the use of VDGIF personnel to conduct the
post-construction inspections in the western portion
of the State.
Dredging projects should be evaluated by boat.
Soundings should be taken to ascertain compliance;.
Dredgiing inspections should be conducted as soon
after completion as practical to minimize the likeli-
hood that additional impacts from non-dredging re-
lated factors could obscure.or cloud the dredged
dimensions of the area. If available, a chart re-
corder or a precise recording fathometer would be
especially valuable to document the inspection.
In order to receive notification of the comple-.
tion of permitted activities, VMRC should consider
re-instituting the former postcard notification proce-
dure.. Should the permittees fail to regularlyreturn'
the postcards upon completion, which was often the
case in the past, the Commission might have'to re -
sort to bonding or some.other form of deposit. This
*) -     bond would not-be released-until after a post-con-
struction inspection had confirmed permit'compli-
ance. It might be necessary to seek legislative.
authorization if the Commission is to require bonds
for permits issued under Section 62.1-3.

(*           5. Data collected from the post-construction
inspections should be incorporated into the Habi-
tat Management Division's existing computer
tracking system. This would provide an easy
8

Attachment I
I








































































I

























o
 
c
.I..
i
4'
Datum: MLW
. Plan View
County of: Northumberland
Adjacent Property Owners
1. Lot 10, C.B. Parks	Sheet  1 of  1
2. Lot 12, M.E. Lank               pobxG.Doe	Date: August 3, 1991
P.O. Box'123
Ti-dewa.te, Va 22222
9

Attachment 2
PROJECT COMPLIANCE
ASSESSMENT
VMRC #
ENGINEER
SITE VISIT
DATETIME .
OTHERS PRESENT   : ..-:

.       .~~
1.	Permitee

2.	Location (Waterway)
(City/County)

3.   Project Description
4.	Project Completed?

5.	Date of Permit Expiration
No
Yes
(VMRC)
(LWB)
6.   Project Dimensions as Permitted


Project Dimensions as Constructed



Can Permit Compliance be Determined?        If no, explain.



Degree of Compliance:  In Compliance   Moderate  Out of Compliance

Additional Comments
7.



8.



9.

10.
10

Attachment 3
Permit #
Commonwealth of Virginia
 -Marine Resources Commission
 Authorization
A Permit has been issued to:
(Name)

(Address)
The Permit Authorizes:
 Expiration Date
Issuance Date
 (Commissioner or Designee) ..
(Notary Public)
(Commission Expires)

This Notice Must Be Conspicuously Displayed At Site Of Work
11

Attachment B

Local, State, Federal
Joint Permit Application
Published jointly by the:
U.S. Army Corps of Engineers, Norfolk District
Virginia Marine Resources Commission
Virginia Dept of Environmental Quality
Local Wetlands Boards

Preface
This guide is designed to assist you in applying for permits from Local, State, and Federal regulatory agencies for
*      work in waters and/or wetlands within the Commonwealth of Virginia. The intent of the guide is to provide
general information on the permit process, not a complete legal and technical reference.
Answers to technical questions and detailed information about specific aspects of the various permit programs may
be obtained from any of the Federal and State regulatory offices or the advisory agencies listed in the agency
directory.



The Joint Permit Application Process
Complete one application to apply for multiple agencypernits - A single Joint Permit Application is used by the
regulatory agencies. This means only one application needs to be completed for most local, state, and federal
agency permits. However, some health departments and local agencies do not use this application. You should
contact them for information regarding their requirements. Even though one application has been filed, separate
permits are often required from the regulatory agencies involved in the permit program. Before vou heein work_
make sure vou have received authorizations or waivers from each aeencv.
Send completed application to the Virginia Marine Resources Commission. They will assign a processing number
and forward copies to the Corps of Engineers, Department of Environmental Quality, local wetlands board, and
various other State agencies, as appropriate.
If you have any questions about the need for a permit, the permitting process, or completing the joint permit
application, contact the Corps of Engineers for a pre-application site visit. Corps staff can often help you
minimize adverse impacts or eliminate the need for a Corps permit altogether.

Organization of The Joint Application
*  The basic application, appendices, and various acknowledgement forms are located in the front of the booklet
The general information section which contains a regulatory and resource agency directory, information on
penalties, processing procedures, definitions and special terms, and the most frequently asked questions is located
in the back of the booklet
If you are submitting this application as a Pre-Discharge
Notification (PDN) under the the Corps Nationwide permit
program, 33 CFR 330 (Appendix A, Part C), you must clearly
identify it by writing the letters PDN at the top of the first
page of the basic application.

-1-

TABLE OF CONTENTS

Preface ..1.................................
Basic Application Form                                                                                              ..............................3
Appendices with Sainple Drawings
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix- G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
Appendix M.
Appendix N
Appendix 0
Appendix P
Appendix Q
Appendix R
Private Piers & Marginal Wharves...............9
Boathouses ......................1
Marinas & Cormmunity Piers....13
Dolphins-Mooring Piles-Buoys Not A;s'o'cia,te'd wlPi'ers`      .15
Boat Ramps.....................17
Bulkheads & Associated Backfill..............19
Fill........................21
Riprap & Associated Backfill...............23
Marsh Toe Stabilization .................25
Dredging/Mining/Excavating ...............27
Groins & Jetties....................29
Breakwaters .....................31
Beach Nourishment...................33
Intake - Outfall Structures................35
Stream Channel Modifications...............37
ImpoundmentslDams..................39
Utility Crossings ...................41
Road Crossings (Bridges-Tunnels-Culverts)...........43
Certification of Authorization (Designates Agent to Act on Your Behalf)..............45
Adjacent Property Owners Acknowledgement Form ....................47
Applicant's and Contractor's Acknowledgement Formn...................49
Regulatory & Advisory Agencies ...........................51
Inforination on Federal Wetlands Determninations......................55
Federal. Penalties, Related State Codes, Privacy Act Information ................57
Processing Procedures ..............................58
Most,Frequently Asked Questions...........................59
Definitions, Special Termns, & Abbreviations ....................60
Certificate of Compliance with the U. S. Army Corps of Engineers Regional Permnit RP- 17 for
the construction of open pile piers for private use......................63
Addendum: Department of Environmental Quality Additional Requirements.............Al
-2-

BASIC APPLICATION FORM
*g~~~~~ ~~Joint Permit Anolication For Activities In
Waters AND WETLANDS Of The Commonwealth Of Viroinia

PLEASE PRINT OR TYPE ALL ANSWERS:
If a question does not apply to your project please printN/A (not applicable) in the block or space provided If
 additional space is needed, attach extra 8-1/2 " x 11" sheets ofpaper. If you are unsure of a particular term, please
refer to the definitions section.
la.   Applicant's name and complete address:
Mr., Mrs., Ms. (circle one)                                         Telephone numbers:
Home (A/C	)
Work (A/C	)J
lb.   Property Owner's name and complete address:
(if different from above)
Telephone numbers:
Home (AIC	)
Work (A/C	)j
2.    Authorized agent's name	Telephone numbers:
and complete address (if applicable):	Home (A/C	- )
Work (A/C	)





3. Have you obtained a contractor for the project? __Yes __No If your answer is "yes" complete the
remainder of this question and submit the Applicant's and Contractor's Acknowledgement Form on page 47 with
your application. -
Contractor's name and complete address:
Telephone numbers:
Home (A/C	)
Work (A/C	)
4.    List the name, address, and telephone number of the newspaper having general circulation in the area of the
project. Failure to complete this question may delay Local and State processing.
Name and complete address:
Telephone number:.
(A/C    )
NAO FM 1065, Rev 30 APR 93/VMRC 30-300 Rev 30 APR 93
-3-

_. k'lease give the name 01 the waterbocly at the project site, the county or city the project is located in, and
3. Please give the name ot the waterbody at the project site, the county or city the project is located in, and
directions to the site:

a tributary to
located in
County/City
*.    Give descriptive directions to the project site from the nearest intersection of two state roads within that county or
city and visible points of reference:
IF THE PROJECT SITE IS LOCATED IN AN UNDEVELOPED SUBDIVISION OR PROPERTY,
CLEARLY STAKE AND IDENTIFY PROPERTY LINES AND LOCATION OF PROPOSAL.  A
SUPPLEMENTAL MAP THAT SHOWS HOW THE PROPERTY IS TO BE DIVIDED SHOULD
ALSO BE PROVIDED
I
6.	State the project purpose and provide a brief description of the project



7.	Please place a checkmark next to as many of the following that describe your project site:
Tidal waters	100 year floodplain	Natural
rTidal wetlands	Lake or Pond	Man-made
Nontidal waters                   _	Mudflats                         _	Unknown
 Nontidal wetlands               River
Vegetated Shallows
Other (explain - e.g. Intermittent stream, vernal pool, etc.)

8.    Proposed use (check one):
 Private
Community
 Commercial
 Industrial
 Government
.  Other (explain):
-4-

9.   W il the project Impact (Ilood, drain, excavate, dredge, Ill, shade, etc.) wetlands ?
Yes  ,     No   -   Uncertain
If your answer is "YES", please indicate:.
A. vegetated wetlands area(s) to be impacted?
tidal         square feet   nontidal              square feet
B. nonvegetated tidal wetlands area(s) to be impacted?                   square feet
0      10.    Will the project be located at the site of any historic property? (Note: historic properties include but are
not limited to archeological sites, Civil War earthworks,.graveyards, buildings, bridges, canals, etc.)
Yes       -     No    If "Yes", please provide a map showing the location.
11. Have you previously contacted the Department of Historic Resources concerning this project?
Yes           No       If "Yes", please provide the following information:
a. VDHR f'ie number:
b. Response date:
c. Type of response (no effect/no adverse effect, additional information requested, survey requested.
further consultation needed):

12.    Is your project located within a historic district?   -     Yes  _    No      -    Uncertain
If "Yes", please indicate which district:

13.    Has a survey to locate archeological sites and/or historic structures been carried out on the property?
Yes   __  No          If "Yes", please provide the following information:
a. Date of survey:
b. Name of finn:
c. Is there a report on file with the Virginia Department of Historic Resources?
d. Was any historic property located?


14. Have you previously -had a site visit, applied to, or obtained a permit from any agency (Federal State, or
Local) for any portion of the project described in this application or any other project at the site?
Yes      _   No If your answer is "Yes", provide the following information:
Name of Representative:
Agency
ArDlication Number
Action Taken (check
the appropriate box)
,Issued        Denied
Withdrawn
Date Action taken
Site Visit
-5-

15.   a) has any work commenced or has any portion ot the project tor which you are seeaking a permit been
completed?    .Yes            No
~*  ~    b) Are you submitting this application at the direction of any state, local or federal agency?__  Yes _  No
If your answer to either question above is "YES", give details below stating when the work was completed, who
performed the work, and which agency (if any) directed you to submit the application. (Please clearlv differentiate
on your annlication drawin,s that nortion of the work which has been comrnleted from that which is nronosed.)






16. Approximately how long will it take to complete the project after all required permits have been issued?
*    __       months
17.    Approximate cost of the entire project (materials, labor, etc): $          Approximate cost of only
that portion of the project which affects State Waters (below mean low water in tidal areas or ordinary high water
in nontidal areas): $
18.	List the name and comnlete mailing address of each adjacent property owner to the project.







19.	List the name and comrniete mailin addres of each waterfront property owner across the waterway from
the project, if the water body is less than 500 feet wide. Also, if the project is within a cove, list the name and
address of each property owner located on the cove.
20. All affected property owners must be notified of the proposed plans. If you do this yourself, it will assist
us in processing your application. Have you discussed this project with all affected parties and had them sign an
Adjacent Property Owner's Acknowledgement Form?           Yes __       No  If your answer is yes, the
acknowledgement forms must be included with this application.
-6-

21. (heclc the appendices below whlch apply to your project. NO It: blhe applicable appendices must be
completed and submitted as part of your application. Additional appendices can be provided upon request. If
you are proposing multiple activities, you may submit one plan view drawing provided all the required
*    information for each activity is included (e.g. if your proposal includes a pier, boathouse and dredging, you may
show all activities on a single plan view drawing). A sample drawing for each activity is located on the back of
the corresponding appendix. Although the sample drawings are condensed so that the plan view, cross section,
end view, and vicinity maps are all on one page, you do not have to limit your drawings to one page. Drawings
submitted need not be prepared by a professional draftsman as in these samples.
LIST OF APPENDICES
 Private Piers & Marginal Wharves
Boathouses
Marinas & CommercialPiers
Dolphins-Mooring Piles-Buoys Not Associated w/Piers
Boat Ramps
Bulkheads & Associated Backfill
Fill
Riprap & Associated Backfill
Marsh Toe Stabilization
DredgingMAining/Excavating
Groins & Jetties
Breakwaters
Beach Nourishment
Intake - Outfall Structures
Stream Channel Modifications
Impoundments/Dams
Utility Crossings
Road Crossings (Bridges-Tunnels-Culverts)

Deparanent of Environmental Quality Additional Requirements
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
Appendix M
Appendix N
Appendix O
Appendix P
Appendix Q
Appendix R

Addendum
ALL APPLICANTS MUST SIGN
I hereby apply for all necessary pennrmits for the activities I have described herein. I agree to allow the duly
authorized representatives of any regulatory or advisory agency to enter upon the premises of the project site at
reasonable times to inspect and photograph site conditions.
I hereby certify that the information submitted in this application is true and accurate to the best of my knowledge.
APPLICANTS SIGNATURE
APPLICANT'S NAME (PRINTEDfTYPED)
DATE
REMINDER: BE SURE TO COMPLETE THE APPENDICES YOU CHiECKED ABOVE AND SUBMIT
WITH THE BASIC APPLICATION FORM (PAGES 3-7). MAIL ALL INFORMATION TO:
Virginia Marine Resources Commission
Habitat Management Division
P. 0. Box 756
Newport News, Virginia 23607
-7-

APPENDIX A -- PRIVATE PIERS AND MARGINAL WHARVES

PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE
*  DRAWINGS MUST CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE
RETURNED AS INCOMPLETE:
Plan View Drawing

40
north arrow
waterway name
existing structures
benchmarks showing distances to fixed points of reference
mean low water and mean high water lines (tidal)
ordinary high water line (nontidal)
location of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners (if in a cove or the waterway is less
than 500 feet wide, also show the location of the property owner across from the site)
distance the proposed structure will be located from the adjoining property lines
width of the waterway (measuring from mean high water to mean high water (tidal) or ordinary high
water to ordinary high water (nontidal)
ebb and flood (tidal) or direction of flow (nontidal)
location and distance from existing channels (marked and/or unmarked)
soundings taken at mean low water (tidal) or at full pool level (nontidal) at 10-foot intervals
channelward encroachment (including mooring piles) relative to mean high and mean low water lines
dimensions of pier and all LT-head section, platform, or deck
distance between the structure and mooring piles

0
Side View Drawing
existing contours of the bottom and marsh peat surface
mean high and mean low water levels (tidal areas)
ordinary high water level (nontidal areas)
height of pier over existing bottom or marsh peat surface
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
0	project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).
1.	Number of vessels to be moored at the pier.
2.	Provide the registration number of vessel(s):
registration
registration
registration
type of vessel
type of vessel
type of vessel
0     3.      Give type (e.g. sail, power, skiff, etc.) and size of vessel(s) to be moored at the pier:
type	length
type	length
type	length
width
width
width
.draft
.draft
-draft
-9-

APPENDIX A, Private Piers & Marginal Wharves
I
U
Lot 4
Both Oaks
Route 1, Box200
PearyvUle, Viiginia 22121










>
0~~~~~~~~0'

9   x6
LS39'  VF




o
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_~g----n
.Existing Pier


























0
70-


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w
m
Lu

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z
a.
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Mi401 De Lane
40,1 D  ao an
i        Lowstvushille, Viroinia 29306
C
0
0
m
U
0
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-P

I
50 total length
2W8 deddng on
- ~ 48'fomMHW~I	/ 2   stringers with
38 -r	2K8 EJrter each side
a8 ftmmL	of Pile.
�g_l
--
""
N
+5.0'
- --+2.5'MHW
+G.OIMLW


l.-Leg Diameter
Piles. Length as required
Untladmdft.
1. Al pilesandlumbertabo salttreated.
2. AU nails, bolts and Hardware to be galvanized
Adjaent ProPrty Ownerw:                           Plan &	Proposed private pier project
Cross Sectional	I     Painter Creek	a   Martin Say
1. BothOaks                                        View	n	t
Evans Pier. Project	County of	West
2. MilescD.ale 1	4	Applicant	J. J. Evans
Scale V	= 40'
Sheet  1 of  I        Date  1/29192

-10-
t

t
APPENDIX B ..BOATHOUSES

PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE
DRAWINGS MUST CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE
RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
. existing structures
benchmarks showing distances to fixed points of reference
mean low water and mean high-water lines (tidal)
ordinary high water line (nontidal)
location of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners (if in a cove or the waterway is less
than 500 feet wide, also show the location of the property owner across from the site)
width of the waterway (measuring from mean high water to mean high water (tidal) or ordinary high
water to ordinary high water (nontidal)
ebb and flood (tidal) or direction of flow (nontidal)
location and distance from existing channels
channelward encroachment (including mooring piles) relative to mean high and mean low water lines
dimensions of the boathouse, catwalks, or other structures
distance between the structure and mooring piles
soundings taken at mean low water (tidal) or at ordinary high water (nontidal) at 10-foot intrvals
End View Drawing
mean high and mean low water levels (tidal)
ordinary high water level (nontidal)
dimensions of the proposed boathouse
height above mean high and mean low water level
material to be used for construction

Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).

1.     Give type (e.g. sail, power, skiff, etc.) and size of vessel(s) to be moored at the boathouse:.
type	length -	width        - draft
type	length	width	draft
type	length .	width -	draft

2.	Will the sides of the boathouse be enclosed? '         Yes           No
3.	Provide the registration number of vessel(s):
registration	type of vessel
registration	type of vessel
registration	type of vessel
-11-

APPENDIX B, Boathouses
IO

IX


1?,
.N
700' width of waterwav
I .................... " m y      ,
 Bon2.             - B- 'tor
1202 South Road              Ia
Side View
End View
Asphalt Shingles


Proposed
Boathouse	8'
-~           ~	4,
	a
Open
sided

- M:LW
I Pier
t
rt_
4 j i 6
t
Plan &
Cross Sectional
View
J.Kimidy Boathouse




I
Proposed Boathouse
in Poore Creek  at  Iseliville
County of West
Applicant J. Kimidy
Scale 1' = 40'
Sheet 1 of 1

APPENDIX C --MARINAS AND COMMUNITY PIERS
PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE
DRAWINGS MUST CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE
RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
existing structures
benchmarks showing distances to fixed points of reference
mean low water and mean high watex lines (tidal)
ordinary high water line (nontidal)
location of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners (if in a cove or the waterway is less
than 500 feet wide, also show the location of the property owner across from the site)
width of the waterway (measuring from mean high water to mean high water (tidal) or ordinary high
water to ordinary high water (nontidal)
ebb and flood (tidal) or direction of flow (nontidal)
location and distance from existing channels
channelward encroachment (including mooring piles) relative to mean high and mean low water lines
length, width and other pertinent dimensions of the structure
distance between the structures and mooring piles
soundings taken at mean low water (tidal) or at ordinary high water (nontidal) at 10-foot intervals
proposed structures for collection and handling of hazardous material (include settling tanks for
collection of travel lift washdown water, paint chips, etc.)
location of gasoline storage tanks
Cross Section Drawing
dimensions of covered structures including roof height above mean high and mean low water level
material to be used for construction
existing contours of the bottom
mean high and mean low water levels (tidal)
ordinary high water level (nontidal)
height above mean high/mean low/ordinary high water line
height of structure(s) over the bottom or marsh peat surface
_ Vicinity Map 'he name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).
1.     Have you obtained the State Health Department's approval for sanitary facilities?           Yes         No
(You are required to obtain this approval or a variance before a VMRC permit can be issued.)
2.     Will petroleum products or other hazardous materials be stored or handled at the facility?
Yes _ _No   If your answer is yes, please include your spill contingency plan
3.	Will the facility be equipped to offload sewage from boats?    _   Yes          No
4.	Indicate the number and type of slips:
I	Wet Slips	IDry Storage
lExisting	I	I
*                                           I~~~~~~~~~~           ~	~~~Proposed	II
THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES APPLICANTS TO
SUBMIT THE ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-13-

APPENDIX C, Marinas
XS I~
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a a 00 -

30
91 0 to ;;-4
46
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Maintenance
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Repair Shop

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Adjacent Property Owners:
Proposed Marina & Support Facilities
in Shapiro Creek at Jones Point
Plan View
1. J. G. Smith
Shapiro Creek Marina
County of West
Applicant Mark J. Harrell
Sheet  1 of  4      Date 3-12-93
2  C. E. Barton
Scale 1l = 40'
-14-

APPENDIX D -- DOLPHINS OR MOORINGS
(not associated with piers)

10  PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. 'THE
DRAWINGS MUST CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE
RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
existing structurs
benchmarks showing distances to fixed points of reference
mean low water and mean high water lines (tidal).
ordinary high water line (nontidal)
location of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners (if in a cove or the waterway is less
than 500 feet wide, also show the location of the property owner across from the site)
width of the waterway (measuring from mean high water to mean high water (tidal) or ordinary high
water to ordinary high water (nontidal)
ebb and flood (tidal) or direction of flow (nontidal)
type of mooring (buoy, pile, dolphin)
anchoring device and weight
latitude and longitude of mooring
location and distance from existing channels
total swing radius
e

0
Cross Section Drawing
*   -	type of mooring
-	length of chain and line used
weight and type of anchor
material to be used for construction
existing contours of the bottom
mean high and mean low water levels (tidal)
*       -         ordinary high water level (nontidal)
Vicinity Map The name of the map from which the vicinity map was. taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).
1.	Give the number'of vessels to be moored:
2.	Give type (e.g. sail, power, skiff, etc.) and size of vessel(s) to be moored:
type           length
width
.._____width
draft
draft
type          length
3.     Name(s) and complete address(es) of the owner(s) of the vessel(s) if other than applicant
4.     Registration/documentation number(s) of the vessel(s):
5.    Do you plan to reach the m6oring from your own upland property?      Yes
"No", explain the proposed means of access:
No
If
-15-

APPENDIX D, Dolphins or Moorings
/ -1o
.e
/
//
-
-7
!
_e &*  Swing radius = 87.-..

lan View             -6
1' = 400'

N
A          _          -4

-9   -


r1
I
%
i
Cross Section
Scale: 1"= 10'
Latitude 3857'48"
Longitude 74�17'18
Swing radius = 12+24+24+27=87 feet
1/2' dimeter pennant
(24 feet long)
21~
/2
White buoy with
blue horizonal band
I
I

{ - * S~~~~~~~~~~~~~~~   ~
~~~~~~~~~~~~~~~~~~~~~I _ +
AX  A
MLW
I;'
w �
1" diameter heavy chain (galvanized)
( 12 feet long)
j
4 1
1/4- olameter steel cable
(24 feet long)
Existina bottom
w
v~                                                                              ---.-                                                                                                                                                                             - -          - -          - -                - -        -        I.
--       ..--   --- I
I
:
A"           - a ......  I--- �                                  ---------
a_*... _..* *.  .* ...*�.A............ .                                        ..             *...............A
_ -::   : _............................ .

Adjacent Property Owners                                 Proposed Mooring	Proposed Moor   in
1. E. Graham	Allen Grimes	Chiefs Bay at Cotnoir, VA
2. R. A. Brien	1121 Bark Road
3. T. B. Pruitt	Richmond, Virginia	County of West
Sheet I of   I Date 3-20-93	Applicant: Allen Grimes








a

APPENDIX E -- BOAT RAMPS

PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE
4p DRAWINGS MUST CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE
RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
*D           existing strucmms
benchmarks showing distances to fixed points of reference
- mean low water and mean high water lines (tidal)
ordinary high water line (nontidal)
location of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners
width of the waterway (measuring from mean high water to mean high water (tidal) or ordinary high
water to ordinary high water (nontidal)
ebb and flood (tidal) or direction of flow (nontidal)
dimensions of ramp
location and distance from existing channels
channelward encroachment relative to mean high and mean low water lines
Cross Section Drawing
material to be used for construction
existing contours of the bank and surface
mean high and mean low water levels (tidal)
ordinary high water level (nontidal)
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).
1.     Will any excavation be required to construct the boat ramp?         Yes         No If yes, explain how
and where you plan on disposing of the excavated material:


2.     What type of design and materials will be used (e.g. open pile design with salt treated lumber or
concrete slab on gravel bedding, etc.)?

3.	Please give the location of the nearest public boatramp:


4.	Will any other structures be installed concurrent with the boatramp installation (e.g. tending pier, groin,
etc.)?        Yes    _ No    If "Yes", please include the appropriate appendices.
5.     Will any portion of the project be placed on wetlands? .       Yes __    No
If your answer is yes, indicate the square footage and type of area(s) to be impacted:
I                        I       Tidal       Nontidal
IVegetated wetlands                      I ef
iNon-vegetated wetlands        a     tf
ISubaqueous land       If                o f I
FOR COMMERCIAL BOATRAMPS, THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES
APPLICANTS TO SUBMIT THE ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-17-

APPENDIX E, Boat Ramps
2.
Parcel "A"
E. R. Howe
224 FourMile Rd
Somecity, VA
"'--.23056
1%
' %

%%   %%
Parcel "B"
Applicant
/
I
I
.o%     ,
1.
Parcel C'
Nan Puckette
Box 300
Buckplace, VA 23169
Plan View
Scale 1 = 100'
Proposed 12 wide X 40' long
precast steel reinforced
concrete boatramp.
Approfimate slope: 2.Y/12
Note: Shoreline at site
is non-vegetated.
Upland
MHW +2.0
MLW 0.0
-4.0
'Existing bottom
4  Cross Section View "A" - 'AIl 4
Scale: 1'=10'
Adjacent Property Owners:
boatramp project
Cross Sectional
View
in Wiggins Creek at Lewisville Bay
1. Nan Puckette
County of West
Applicant Carlton L Hill
2. Elizabeth R. Howe
Hill Boatramp Project
3. Fred Jones
Sheet 1 of 1
Date 3-19-93
-18-

APPENDIX F --BULKHEADS & ASSOCIATED BACKFILL
PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
existing structures
benchmarks showing distances to fixed points of reference
mean low water and mean high water lines (tidal)
ordinary high water line (nontidal)
channelward encroachment relative to mean high/mean low/ordinary high waterlines
location of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners
ebb and flood (tidal) or direction of flow (nontidal)
return walls (if applicable)
connection with existing bulkhead(s) (if applicable)
proposed riprap scour protection (if applicable)
proposed backfill
length of bulkhead
Cross Section Drawing
design & dimensions including all structural components (i.e. deadmen, knee braces, sheeting, etc.)
material to be used for construction
existing contours of the bottom and marsh peat surface
mean high and mean low water levels (tidal)
ordinary high water level (nontidal)
proposed backfill
base width and height of proposed riprap scour protection (if applicable)
filter cloth
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).
1.     a) Is any portion of the project maintenance or replacement of an existing and currently serviceable
bulkhead and/or backfill?         Yes _         No   Linear feet existing:

b) If yes, is it possible to construct the new bulkhead no greater than 2 feet channelward of the existing
bulkhead?         ~  Yes  __        No        If your answer is "No", explain:


2.     Describe type of construction and materials to be used, including source of backfill material and its
composition (e.g. 80% sand, 15% clay and 5% silt), and all fittings for the bulkhead:


3.     Will any portion of the project be placed on wetlands or subaqueous land?        , Yes         No
If your answer is yes, indicate the square footage and type of area(s) to be impacted:
I                        I	Tidal         Nontidal
vIvgetated wetlands	StI
lNon-vegetated wetlands   J	af I..............
ISubaqueous land	sf             af
-19-

APPENDIX F, Bulkheads & Associated Backfill
Kover Creek
Tie nw wall to       Proposed 115' tinber bulkhead, with
 exisTie new wall tokhead / 9' return wall, placed landward of MHW
exitng bulkhead   /        and all vegetated wetlands.
I

APPENDIX G - FILL
PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
* CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETUlRNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name (if applicable)
dimensions of area to be filled
_ existing structures
_ benchmarks showing distances to fixed points of reference
 location of vegetated wetlands at the project site
_       property lines, and location of adjacent property owners
mean low water and mean high water lines (tidal)
ordinary high water line (nontidal)
*   . _     channelward encroachment relative to mean high/mean low water lines (tidal) or ordinary high water line
(nontidal)
width of the waterway (if applicable)
ebb and flood (tidal) or direction of flow (nontidal)
Cross Section Drawing
__           existing contours of the bottom
elevation of proposed fill
structure or method used to contain fill
mean high and mean low water levels (tidal)
ordinary high water level (nontidal)
~*  ~     Vicinity Map  The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).
1.	What is the source and amount of the fill material?                                        cubic yards
2.	State the type and composition percentage of the fill material (e.g. 80% sand, 15% clay, 5% silt):

3.	Explain the purpose of the filling activity & the type of structure to be built on the filled area:


4.	If filling activity is proposed in a wetlands, what is the distance from the nearest waterbody?
5.	Will any of the fill be placed on wetlands or subaqueous land?           Yes            No
If your answer is yes, indicate the square footage and type of area(s) to be impacted:

I	Tidal                                     Nontidal
Ivegetated woUands	st      J      sf
*                                    | Non-vegetated wetlands   |	f
ISubaqueousland	t              aft
6.     Describe the method(s) that will be used for sedimentation and erosion control:

7.   What is the approximate drainage area and average stream flow?  square miles  cfb
THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES APPLICANTS TO SUBMIT STHE
ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-21-

APPENDIX G, Filling Waters I Wetlands
I

v
APPENDIX H - RIPRAP REVETMENT
& ASSOCIATED BACKFILL

* PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
existing structures
benchmarks showing distances to fixed points of reference
mean low water and mean high water lines (tidal)
ordinary high water line (nontidal)  .
location of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners
ebb and flood (tidal) or direction of flow (nontidal)
channelward encroachment relative to mean high/mean low/ordinary high water lines
connection with existing bulkhead or riprap structures (if applicable)
proposed backfill
length of revetment
Cross Section Drawing
~* - proposed backfill
mean high and mean low water levels (tidal)
~*  ~     ordinary high water (nontidal)
existing contours of the shoreline and/or bank
dimensions of proposed revetment
filter cloth
~~*  _     buried toe or riprap apron
proposed grading of existing bank relative to mean high/ordinary high water
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).

*    1.      What will be the average amount of material (placed below the plane of mean high water or ordinary high water) per linear
foot of shoreline?           cu.yd(s).per fL            OR              ton(s) per ft.

2.	What type of material will be used for construction of the riprap revetment (e.g. quarry stone, cinder blocks, etc.)?

3.	What will be the average weight of the:         Core material (bottom layers) -     pounds per stone
Armor material (top 2 layers )       pounds per stone
4.	If the revetment will be backfilled, describe the composition of the material to be used (e.g. 80% sand, 15% clay and 5% silt):
5.	What is the source of the backfill material?
 6.	Will any portion of the project be placed on wetlands or subaqueous land? _  Yes     No
If your answer is yes, indicate the square footage and type of area(s) to be impacd:
I                           I	Tidal	I	Nontidal    I
Ivegetated wetlands	I sf	I f I
INon-vegetated wetlands	I	sf	------        I
ISubaqueous land	I	sf	I      af
THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES APPLICANTS TO SUBMIT THE
ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-23-

APPENDIX H, Riprap Revetment & Associated Bacdkfill

APPENDIX I -- MARSH TOE STABILIZATION
PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
* CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
mean low water and mean high water lines (tidal)
*        _ ordinary high water line.(nontidal)
existing and proposed structures showing distance relative to mean high/mean low/ordinary high water
benchmarks showing distances to fixed points of reference
location of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners
ebb and flood (tidal) or direction of flow (nontidal)
~~*  _    length of structure
Cross






-,,
*
Section Drawing
mean high and mean low water levels (tidal)
ordinary high water level (nontidal)
existing contours of the bottom and marsh peat surface
dimensions of proposed structure
deadmen, tie-backs, knee braces, or other methods to be used to anchor the structure
filter cloth
buried toe or riprap apron
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).

1.    What type of material will be used (e.g. quarry stone, cinder blocks, treated tongue and groove timber,
etc.)?
i   2.
If riprap will be used for construction, provide the following infoxmation
a) average amount of cubic yards OR tons used per linear foot of structure?         cu.yd(s).        ton(s)
b) will filter cloth be used? _ Yes _ No
c) average weight of the:     Core material (bottom layers)	pounds per stone
Armor material (top 2 layers )    I	pounds per stone
 3.       Will any portion of the project be placed on wetlands or subaqueous land?        Yes        No
If your answer is yes, indicate the amount and type of area(s) to be impacted:

I I Square feet I
|Vegetated wetlands	I
*                                  INon-vegetated wetlands I	I
Isubaqueous land
-25-

APPENDIX I, Marsh Toe Stabilization
Proposed 80' of Marsh
Toe Stabilization
'{'-
~�'~\es~e"_
Proposed Marsh
Toe Stabilization:
1/16/Ft., 10 - 25 lbs
stone placed no higher
than MHW.
MHW
Filter
A
SECTION 'A' - 'A'
Scale: 1 = 1'-0"
Adjacent Property Owners:
Plan &
Cross Sectional
View
Watkinson Marsh Toe
Stabilization
Scale 1" = 40'
Proposed Marsh Toe Stabilization
in Owens Creek at Knowles Bay











































































I
1. J. H. Lipscotmb
County of West
Applicant A. Watkinson
Sheet I of  1      Dat
2. L Musser
te 2/24/93
-26-

APPENDIX J -- DREDGING/MINING/EXCAVATING

PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
*  CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
existing structures
�*       -     width of the waterway, measuring from mean high water to mean high water (tidal) or ordinary high water to ordinary high
water (nontidal)
ebb and flood (tidal) or direction of flow (nontidal)
location and dimensions of area proposed to be dredged
benchmarks showing distances to fixed points of reference
mean low water and mean high water lines (tidal), or ordinary high water line (nontidal)
location and aerial extent of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners
location of existing channels
location of dredged material disposal area if located on-site**
location and dimensions of buffer zone between dredge cut and vegetated wetlands
existing depths in the project area based on mean low water (tidal) or ordinay high water (nontidal)
Cross Section Drawing for Dredge Area                                       Cross	Section Drawing  for Disposal  Area
existing contours of the bottom	proposed benns
dredge cut - slopes, average depth, bottom & top width	_	proposed spillways
existing depths based on mean low water (tidal)	_	ponding depth of dredged material
existing depths based on ordinary high water (nontidal)
*     -      proposed project depths (after dredging)

Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the project site must
be included (U.S.G.S. quad sheet, street map, or county map is preferred).

**For off-site disposal areas provide a drawing that includes the location, dimensions, benchmarks, benns andlor spillways, and how
the material will be transported.

1. How many cubic yards of material will be dredged by/from:
NEW                                                         MAINTENANCE
*I  I Hydraulic	IDragline	IClamshell  I Other I
I Vegetated Wetlands       -	I	I	I
INon-Veg. Wetlands	I	I	I
	I
 Subaqueous Land	I	I	I
	I
ITotal        I	I	I	I	I
I Hydraulic	I Dragline	I Clamshell	I Other
I	I	I	I
	I
I	I           .	I	I	I
I	I	I	I
	I
I	I	I	I	I
I I....    r                          I           I           I      I     I    I            I           I            I
2.	State the composition of the material (e.g. clay 25%, sand 25%, silt 50%):
3.	How will the dredged material be retained to prevent re-entry into the waterway?
4.	Will the dredged material be used for any commercial pupose?          Yes   _    No
5.	For mining projects: a. Explain the operation plans on a separate sheet of paper. e.g. frequency (e.g. every 6 wks), duration
(Apr - Sep), cubic yards to be removed per operation, temporary storage, handling of dredged material how equipment will
access the dredge site.
b. have you applied for a permit from the VA Dept of Mines, Minerals, & Energy?            Yes       No
6.	What is the approximate drainage area and average stream flow?  _          square miles         cfs
7.	If maintenance dredging, when was dredging last performed?                         (provide documentation).

THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES APPLICANTS TO SUBMIT THE
ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-27-

APPENDIX J, Dredging/ MininglExcavating


I _!-
I
a
_ .          I
ri .
Pin
I

I-
o..o.o.o............
,,o.o.o.*.~...........

,..o.o.......e...o. oo
.-::i::::::::::::::::::




,.....................
i......................
,.....................
................ ..

................ ..
,................ ..
,........................
,............... .......
N...........
,: ��   mm,���
-  ....	. r r
���-	.����
-.................
......................
,..7................
I-	.................
. .	...;.......
..	.. ..   ,.....��












-��:�~~~~~~~.

- .- .. . :... . .
:F3=F-.�~i~ii --ii-.._.

ro BE DREDGED

Existing Pier
I
1
13
n
-
2'
m
IIIIIIfUlIIIlIlIIIIIIIIIIIIIIIIII	existing depths at
MHW
I	, '	'	e 6	' &	4  b	,
4,
0	-	Ln .	o	o	o .	i n

b
0D


75'
c_
- X9
- -  -    AREA TO BE DREDGED


\43
7j el _]	l
\	19\o
0l
2

-                      92 --

N9|..,J2avew               R    ;	:
A                84'	_             A
It o   sca
Not to scale


-6'
Average depth



CLUBHOUSE
- - - - - - -                                            - - - - --MHW
I- =                   - I-II-I- MLW
21 slopeu.o

Proposed Dredging
posedrdgiNew Bottom depth 5'               Existing Bottom                -
Note: The 997 cubic yards
of dredged material will be             B	New Bottom Depth           B
placed in a 2 acre disposal	, to match exiting
site at Heubel Farms.	channel depth of 6'
Adjacent Property Owners:                       Plan &	Proposed dredging project
Cross Sectional	in Ferguson Creek a   Sneed Bay
1. J. G. Cundiff                                  View
View
Grabb Dredging Project	County of Byrd
2. C. E. Bigelow	Applicant  R. J. Grabb
Scale I' = 40'
heet  1 of  1        Date  1/29/92

-28-

APPENDIX K  - GROINS & JETTIES
PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
* CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
existing structures
4*    __ location and dimensions of proposed structure
-spacing between structures (both existing and proposed)
benchmarks showing distances to fixed points of reference
 mean low water and mean high water lines (tidal)
ordinary high water line (nontidal)
location of vegetated wetlands at the project site
*  ____shoreline, property lines, and location of adjacent property owners
ebb and flood (tidal) or direction of flow (nontidal)
location of existing channels
__    direction of net sand transport along the shoreline
location of scour protection or spurs (if applicable)
___    channelward encroachment relative to mean high/mean low/ordinary high water lines
Cross Section Drawing
length and height of structure relative to mean low water (tidal) or ordinary high water (nontidal)
mean high and mean low water levels (tidal)
ordinary high water level (nontidal)
existing contours of the bottom and/or marsh peat surface
e*  ~     height of channelward end of groin relative to mean low water
End View Drawing (if riprap is used for construction)
design and dimensions of structure (i.e. base & top widths, height, and slope)
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
*)  ~	project site must be included (U.S.G.S. quad sheet, street map, or county map is prefen-ed).
1.	What type of material(s) are to be used for the construction?
2.	a. If using riprap, what will be the average weight of the:
Core material (bottom layers)	pounds per stone
~~~~~~~~*      ~~Armnor material (top 2 layers)	pounds per stone
b. Will filter cloth be used? _    Yes            No

3.     Are there simnilar structures in the vicinity of the project site?  Yes            No     If your answer
is "yes", describe the type and location of the structures:


4.	Will the channelward end of the structure be marked to show a hazard to navigation?        Yes	No
5.	Has the project been reviewed by the Shoreline Erosion Advisory Service (SEAS)? _ Yes	No
*f  ~	If yes, please attach a copy of their comments.
-29-

APPENDIX K, Groins & Jetties
I
- 30 -

APPENDIX L -- BREAKWATERS

PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
existing structures
*      -    benchmarks showing distances to f'xed points of reference
mean low water and mean high water lines (tidal)
ordinary high water line (nontidal)
location of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners
ebb and flood (tidal) or diretion of flow (nontidal)
channelward encroachment relative to mean high/mean low/ordinary high water lines
dimensions of structure
Cross Section Drawing
dimensions of the breakwater
existing contours of the bottom
mean high and mean low water levels (tidal)
ordinary high water level (nontidal)
End View Drawing (if riprap or gabion baskets are used for construction)
design and dimensions of structure (i.e. base & top widths, height, and slope)
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).
1.	What type of materials are to be used for the construction of the breakwater?

2.	Are there similar structures in the vicinity of the project site? _  Yes       No
If your answer is "yes", describe the type and location of the structures.



3.     Will filter cloth be used?    ., Yes      _        No
-31-

APPENDIX L, Breakwaters
I
- 32
-

APPENDIX M --
BEACH NOURISHMENT
PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
- waterway name
mean low water and mean high water lines (tidal)
ordinary high water line (nontidal)
dimensions of the area to be nourished with benchmarks showing distances to fixed points of reference
location of vegetated wetlands at the project site
property lines and location of adjacent property owners
existing structures
location and dimensions of structures proposed to stabilize the area to be nourished
channelward encroachment of the nourished area relative to mean high/mean low/ordinary high water
location of marsh vegetation to be used for stab'iization (if applicable)
Cross Section Drawing
mean high and mean low water levels (tidal)
ordinary high water level (nontidal)
0            contour and slope of existing beach
contour and slope of the nourished area
groins, breakwaters or other structures existing or proposed to stabiliz,e the nourished area
elevation at the channelward end of the nourished area
elevation of vegetation to be planted relative to mean high/mean low/ordinary high water
%      _         Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).

1.     Provide the following:
a. source of material:
b. volume of material:                                        c
c. type and composition of material (e.g. sand 90%, clay 10%):
cubic yards
d. mode of transportation to the project site (e.g. truck, pipeliiie, etc.):

2.     Describe the type(s) of vegetation proposed for stabilization and the proposed planting schedule.






THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES APPLICANTS TO
SUBMIT THE ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-33-

APPENDIX M, Beach Nourishment
I

I



IE
i
h

om



Line

0
0 t


0 0




ProerqLt    - --
Line -



QO 0
aP.
0
ei
I groin
0
S



a)
I



PE


A
o I
oi

w
V.
0

0
oB
0.
a

a
e


k
0
I


�,g1 <  60'   -| ~12'1
MHW location


MLW location
+10.0
- -  - - MHW (+2.0)
.- - - MLW (0.0)

MHW location before fill
I

Adjacent Property Owners:                    Plan &	Proposed beach nourishment project
~~~1. Norrnam                 Cross Sectional	in Riley Creek   at

Beach Nourishment	County of Hill
2. GeorgeKube                               NouS e	Applicant	HowardWiggins
Not to Scale	Sheet I of	1       Date 3/8/92

-34-
r

APPENDIX N -- INTAKE-OUTFALL STRUCTURES
PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
* CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:

Plan View Drawing
 north arrow
waterway name
existing structures
~*   ~    dimensions of structure and benchmarks showing distances to fixed points of reference
mean low water and mean high water lines (tidal)
ordinary high water line (nontidal)
location of vegetated wetlands at the project site                                                   ' '
shoreline, property lines, and location of adjacent property owners
ebb and flood (tidal) or direction of flow (nontidal)
4*   _         channelward encroachment relative to mean high/mean low/ordinary high water lines
Cross Section Drawing
existing contours of the bottom and banks
intake or outfall pipe
mean high and mean low water levels (tidal)
*             ordinary high water level (nontidal)
supporting structures
splash apron, if applicable
filter cloth
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
~*  ~	project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).
1.	Provide the following:         type & size of pipe:                  Intake   _Outfall
Intakes:       daily rate of withdrawal:         mgd velocity:             fps
screen mesh size:   -inches              mm        other (specify)
Outfalls: daily rate of discharge:           mgd
2.	If discharge will be thermally enhanced, provide the maximum temperature.
3.	What is the average stream flow at the:        Intake site?          cfs      Outfall site?       ' cfs

4.	What measures are proposed to prevent bank erosion?
*   5.	Will any structure (wingwalls, splash apron, etc.) impact wedtands or subaqueous land? _   Yes             No
If your answer is yes, indicate the square footage and type of area(s) to be impacted:

I	I Tidal	INontidal	I
IVegetated wetlands	Isf	Isf	|
*g~~ |~~~~iNon-vegetated wetlands Isf	I- -------
ISubaqueousland    I      st	|sf
5.	Can the entire structure or any part of it be placed landward of all wetlands?  If no, please explain.
6.	What is the approxnimate drainage area and average stream flow?              square miles    .      cfs
THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES APPLICANTS TO
SUBMIT THE ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-35-

APPENDIX N, Intake I Outfall Structures
m





















































































I
2.                        B
Property Line.
_'          I _ __
A
N





Woodie Road

I
C:
w

w
n'
A
i
U









a

.C2
ft     .     Qfn0tinn


 
I
-
Property ULine

1.
Note: Pump station and Pumphouse to
be installed above flood plain elevation.
Ordinary high water = 135'
Intake structure = 123'
Pumphouse,
/ Existing bank

----Flow   -     - -OHW

Pump station / Manhole  Intake
A with submersible pump               A     ructur
I
A
I
Adjacent Property Owners:                      Plan &	Proposed Irrigaton project
Cross Sectional	in Hume River at Kube Cove
1. A. Spingam                       View	county of    Barnard
1. A- Spingami
Golf Course Water Intake
2. A. Jennings                                 Project	Applicant	P. Minkin
Scale 1'= 40'	Sheet 1 of	1    Date 3-20-93
- 36 -

44
APPENDIX 0 -- NONTIDAL STREAM CHANNEL MODIFICATIONS
PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
ordinary high water line
0            location, length and width. of the existing channel
location, length and width of the proposed channel
-     . benchmarks showing distances to fixed points of reference
width of the stream (measuring from ordinary high water to ordinary high water)
location of existing and proposed non-vegetated or vegetated wetlands, bars, islands, riffle and pool
complexes or other special aquatic sites at the project site
shoreline, property lines, and location of adjacent property owners
direction of flow
location & dimrensions of bank stabilization structures
Cross Section Drawing (Prepare one drawing for the existing channel and one for the
proposed channel)
existing and proposed stream channels including depth,base width and top width
dimensions and slope of bank stabilization structures
filter cloth
ordinary high water level
existing contours of the bottom
location and dimensions of low flow channel (if applicable)
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).

1.     Provide the following:
a) approximate normal flow rate and drainage area of the existing water body:
cfs                       square miles
b) approximate normal flow rate and drainage area of the new or modified water body
cfs.                       square miles-
c) method used to stabilize the banks:
d) type & approximate composition percentage of the existing stream bed (e.g. cobble 35%, rock 45%,
sand 20%, etc.):
2.
Will low flow channels be maintained? -          Yes
No
3.     Will any structures be placed in the stream to creaw riffles, -pools, meanders, etc? If "Yes" please explain.
THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES APPLICANTS TO
SUBMIT THE ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-37-

APPENDIX 0, Nontidal Stream Channel Modifications
Electrical substation
Electrical substation
i
A
Notes:
Drainage basin = 8 square miles
CFS= 8
Old average width of OHW = 20'
New average width of OHW = 20'

__.__ .__2.





45� bank stablized with 25-30 lb
/p-rap and fifter cloth
Proposed future
road location	a
-	,----,         +	Top of cut and fill (454' contour elevation)
 Fill	Cut l	Ordinary high water (450' contour elevation)
1 ol  - Stream channel bottom (445' contour elevation)
Low flow 8' wide channel (443' contour elevation)
Original
stream	Stream channel
bottom	redirection,

upland area     *
exaatd.tT
Cross Section "A"- "A"
Adjacent Property Owners:
Plan &
Cross Sectional
View
Construction site
Proposed stream channel modific
in Leedom Creek at Big Mount
I
1. J.G. Smith
County of Thomas
Applicant R. Henderson
2. C. E. Barton
Scale 1I = 40'
Sheet I of 1
Date  1129/92

APPENDIX P
-- IMPOUNDMENTS/DAMS
PLEASE COMPLETE TIHE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
0   CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
existing and proposed structures
__  dimensions of structure and benchmarks showing distances to fixed points of reference
ordinary high water line
location of vegetated wetlands at the project site
shoreline, property lines, and location of adjacent property owners
direction of flow
width of the waterway (measuring from ordinary high water to ordinary high water
risers
emergency spillway, if applicable
Cross Section Drawing (Stream)
base width and height of structure
existing contours of the bottom
- normal pool elevation and design high and low water elevations, for dams with fluctuating water levels
(e.g. hydropower or water supply reservoirs)
risers
emergency spillway, if applicable
Vicinity Map Including the name of the map from which the vicinity map was taken and the exact
a location of the project site.
-map showing the area to be flooded (U.S.G.S. quad sheet or other topographic map is prefeffed).
1.     Materials to be used for construction (earth, rock, concrete, etc.)?
2.     What will be the impoundment's: a) storage capacity:   _    acre-feet
b) surface area:       acres
3.    What is the: a) current average flow? _      cfs          b) proposed outflow? .	fs.
c. will the impoundment structure be designed to.pass a minimum flow at all times? _	Yes     No
If "Yes", what will be the minimum rate of flow?    -    cfs
4.	What is the drainage area of the water body upstream of the proposed impoundment?    .  square miles
5.	Does your project comply with State Dam Safety Criteria?_   Yes  -No-    If your answer is
"No" or "Uncertain", contact the Bureau of Flood Plain Protection at telephone (804) 371-6095.
6.    a. What will be the area of waters or wetlands affected/flooded by the impoundment?          acres
b. How much of impoundment structure will be located on the stream bed? _    _ square feet
*    7.    Are fish ladders being proposed to accommodate the passage of fish?     Yes
No
THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES APPLICANTS TO
SUBMIT THE ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-39-

APPENDIX P, Impoundments / Dams
I
Riser & Ouffall
Top of dam 314
1
84'
Adjacent Property Owners:                      Plan &	Proposed recreational / farm pond
Cross Sectional	in Ramsey's Run at
1. J. G. Smith
View
O. McDonalds Pond	Countyof West
2. C. E. Barton	Applicant	O. McDonald
SSheet  1 of	1    Date  1/29/92

-40-

APPENDIX Q -- UTILITY CROSSINGS
PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
CONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
existing and proposed structures
dimensions of structures and benchmarks showing distances to fixed points of reference
mean low water and mean high water lines (tidal)
ordinary high water line (nontidal)
location of vegetated wetlands at the project site
property lines on both sides of stream with location of adjacent property owners
width of the waterway (measuring from mean high water to mean high water (tidal) or ordinary high
water to ordinary high water (nontidal)
ebb and flood (tidal) or direction of flow (nontidal)
type and location of support structures (e.g. towers, poles, platforms)
location of temporary stockpiles for excavated material (if applicable)
location of temporary construction access
location of utility linelmaintenance right of way
Cross Section Drawing
mean low water level (tidal)
ordinary high water level (nontidal)
existing contours of the bottom and bank
vertical distance above mean high/mean low/ordinary high water for overhead crossings
depth below stream bottom for submarine crossings
distance that the structure will cross the waterbody relative to mean low water/ordinary high water
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).
*    1.  Describe the materials to be used and the method of construction in the order in which the construction will
be accomplished:

2.     For overhead crossings, if there are overhead crossings or bridges in the area, how high are ihey relative
to mean high/low water/ordinary high water?
3.	If the project is a power line crossing, what will be the nominal system voltage of the line?
4.	Will there be an excess of excavated material? __Yes          ___No          If yes, please describe the
method of transporting and disposing of the material.


5.	What is the approximate drainage area and average stream flow?             square miles           cfs
6.	Will excess material be temporarily stockpiled in wetlands?           Yes            No
If "Yes", will the stockpiled material be placed on filter fabric or some other type of impervious surface?
- Yes _ No

THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES APPLICANTS TO
SUBMIT THE ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-41-

APPENDIX Q, Utility Crossings
a

N
1.
VDOTproperty line
All excavated material will
be stockpiled within construction
easement. In wetlands, filter fabric
will be used under stockpiles,
excess material will be removed.
Location of stockpiles
in wetlands.
Silt fence to be used
to retain material

,~oLCai o of _tcpile


I
r
. v
Drnrmearl W:atr Ma;in
PrF UosU lvaLI I1rMa1!
Construction/Access Easement
Utility Easement

O-
P.:
.1-
I
Kennedy Highway Bridge I
I
Class 1 Rip-Rap with
Proposed Valve                 Filter Fabric

.  Existing
4-. I,Bank,                      i
418'                                      OHW 23' wide
Proposed LIroposed
414' -          12" Gate Valves
412'                                          -                         12" Gate
Vales
20'
fegetated Wetlands
-11'2Forced Main
Adjacent Property Owners:                     Plan &	Proposed Utility Line Crossing
Cross Sectional	in Priest Creek
1. C. Schulz                                    View
Jennings Sewage Line	County of West
2. K. Mayne                                  Scale	Applicant	Arthur Jennings
Sheet  1 of	1      Date  1/29/92

-42 -

*
APPENDIX R -- ROAD CROSSINGS
PLEASE COMPLETE THE CHECKLIST AND ANSWER THE QUESTIONS. THE DRAWINGS MUST
rCONTAIN THE FOLLOWING INFORMATION OR THEY WILL BE RETURNED AS INCOMPLETE:
Plan View Drawing
north arrow
waterway name
existing and proposed structures or fill
dimensions of structures and benchmarks showing distances to fixed points of reference
mean low water and mean high water lines (tidal)
ordinary high water line (nontidal).
location of vegetated wetlands at the project site
property lines on both sides of stream with location of adjacent property owners
width of the waterway (measuring from mean high water to mean high water (tidal) or ordinary high
water to ordinary high water (nontidal)
ebb and flood (tidal) or direction of flow (nontidal)
location and type of support structures
Cross Section Drawing
___�._mean high and low water levels levels (tidal)
ordinary high water level (nontidal)
existing contours of the stream beds and bank
dimensions relative to mean high water or ordinary high water
height of bridge, if applicable
culverts (indicate size), if applicable
culvert invert elevations
Vicinity Map The name of the map from which the vicinity map was taken and the exact location of the
project site must be included (U.S.G.S. quad sheet, street map, or county map is preferred).
NOTE: Virginia Department of Transportation (VDOT) standards require that the backwater for a 100 year storm
not exceed 1 foot for all roads, culverts and bridges.
1.     On a separate sheet describe: the materials to be used, the method of construction, and the order in which
the construction wiUl be accomplished including cofferdams (if applicable).
2.	What is the approximate drainage area and average flow rate of the stream?	-- sq. miles               cfs
3.	Will any fill will be located on wetlands or subaqueous land?         Yes	-     No
If your answer is yes, indicate the square footage and type of area(s) to be impacted:
I	ITidal	INontidal
	I
IVegetated wetlands	lst	1sf
	I
INon-vegetated wetlands Is f	I-I
I Subaqueous land        1sf	1sf I
4.     Have you conducted hydrologic/hydraulic studies to verify adequacy of the culvers?
_   Yes   _   No        If your answer is "Yes", please attach a copy of the study/report.
5.     If the project is a bridge crossing and there are similar crossings in the area, what is the vertical distance
above mean high/low water or ordinary high water for the other crossings ?
THE DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRES APPLICANTS TO
SUBMIT THE ADDENDUM LOCATED AT THE END OF THIS APPLICATION
-43-

APPENDIX R, Road Crossings
I
-44-

AGENT CERTIFICATION OF AUTHORIZATION
 I                             hereby certify that I have authorized
(APPLICANTS NAME)
to act on my behalf and
(AGENTS NAME)
take all actions necessary to the processing, issuance, and acceptance of this permit and any and all standard and
special conditions attached.
We hereby certify that the information submitted in this application is true and accurate to the best of our
knowledge.
APPLICANT'S SIGNATURE
AGENTS SIGNATURE
DATE
DATE
Completion of this form will allow the agent to sign all future application correspondence.
Also, please provide the name(s) and complete address(es) of all legal property owner(s) as
shown on your recorded deed.
NAO FM 1022, 30 APR 93
-45-

ADJACENT PROPERTY OWNER'S ACKNOWLEDGEMENT FORM

*    I,                             ., own land next to or across the water from
(ADJACENT PROPERTY OWNER'S NAME PRINTED)
the land of                                  . I have reviewed the applicant's project drawings dated
(APPLICANTS NAME)
~~~~~*  ~to be submitted for all necessary Local, State, and Federal permits.
(DATE)

I    HAVE NO COMMENT                 DO NOT OBJECT               DO OBJECT          to the project
 The applicant has agreed to contact me for additional comments if the proposal changes prior to construction of the
project.
(Before signing this form, please be sure you have checked the appropriate box above.)




ADJACENT PROPERTY OWNER'S SIGNATURE                           DATE

*   NOTE: IF YOU OBJECT TO THE PROPOSAL - THE REASONS YOU OPPOSE THE PROJECT MUST BE
SUBMITTED TO VMRC IN WRITING. An objection will not necessarily result in denial of the
uroiect. but. valid comDlaints will be  riven full consideration durine the vermit review
process.

*    NAO FM 1020, Rev 30 APR 93


NOTE:  Please photocopy this form if additional copies are needed.
-47-

APPLICANT'S AND CONTRACTOR'S ACKNOWLEDGEMENT FORM
have contracted
(APPLICANT'S NAME)
(CONTRACTOR/COMPANY NAME)
to perform the work described in the application signed and dated
(DATE)
We will read and abide by all conditions as set forth in all Local, State, and Federal permits as required for this
project. We understand that failure to follow the conditions of the permits may constitute a violation of applicable
Local, State, and Federal statutes and that we will be liable for any civil and/or criminal penalties imposed by these
statutes. SEE FEDERAL PENALTIES FOR VIOLATIONS AND RELATED STATE CODES.
In addition, we agree to make available a copy of any permit to any regulatory representative visiting the project
site to ensure permit compliance. If we fail to provide the applicable permit upon request, we understand that the
representative will have the option of stopping our operation until it has been determined that we have a properly
signed and executed permit and are in full compliance with all terms and conditions.
APPLICANTS SIGNATURE
DATE
CONTRACTOR'S SIGNATURE AND TITLE
(if applicable)
DATE
CONTRACTOR'S NAME (PRINTEDITYPED)
OR NAME OF FIRM
CONTRACTOR'S OR FIRM'S ADDRESS
* NAO FM 1021, Rev 30 APR 93
-49-

Regulatory Agencies

Federal:                                U. S. Army Corps of Engineers
*                                                    803 Front Street
Norfolk, Virginia 23510-1096


The Corps of Engineers is responsible for administering a permit program pursuant to Section 10 of
the Rivers & Harbors Act of 1899 and Section 404 of the Clean Water Act. Specifically, permits are required
for construction, dredging, and filling activities proposed by landowners, businesses, developers, and
government agencies in tidal and nontidal rivers, creeks, and tidal and nontidal wetlands. In evaluating
projects, the Corps considers all comments received from the public and government agencies and conducts a
public interest review that weighs foreseeable project benefits against foreseeable project detriments.
Field Offices:
Blackstone Field Office
0    Post Office Box 121
Nottoway, Virginia  23955
(804) 645-8986
Central VA Field Office
444 Abby Lane
Howardsville, Virginia 24562
(804) 263-8247
Fredericksburg Field Office
10789 Columbia Drive
Fredericksburg, Virginia 22408
(540) 898-3568
Blue Ridge Field Office
Tudor Square, Suite 9
209-211 Roanoke Street
Christiansburg, Virginia 24073
(540) 382-6740
Western VA Field Office
HCR 32, Box 101-A
Staunton, Virginia 24401
(540) 886-4221
Dumfries Field Office
Plaza South, Suite 102
138 Graham Park Road
* 1 Dumfries, Virginia  22026
(703) 221-6967
Northern Neck Field Office
Post Office Box 459
Lively, Virginia 22507
(804) 462-5382
Eastern Shore Field Office
General Delivery
Accomac, Virginia 23301
(804) 787-3133
Clinch Valley Field Office
Post Office Box 338
Abingdon, Virginia 24212
(540) 623-5259
Richmond Field Office
Hanover Business Center
305-B Ashcake Road
Ashland, Virginia 23005
(804) 752-7464/7484
State:
Virginia Marine Resources Commission -
Habitat Management Division
Post Office Box 756
2600 Washington Avenue
Newport News, Virginia 23607-0756
(8041 247-2200
The Virginia Marine Resources Cctmiission serves the citizenry of the Cormonwealth of Virginia by combining-a
public interest review process with effective management, regulation and protection of the State's marine
fisheries, suhlerged lands (state wide) and coastal resources (tidal wetlands and coastal sand
dunes/beaches). It is the goal of the Connission's Habitat Management Division to act as stewards of the
Commonwealth's submerged lands and ensure the protection and wise use of these coastal lands and natural
resources through the implementation of a regulatory review process and permitting program.

Department of Environmental Quality
Post Office Box 10009
Richmond, Virginia 23240-5000
(804) 527-5061
One branch of the Department of Environmental Quality, the Virginia Water Protection Program, is responsible
for the administration of the water guality programs delegated to the Conmonwealth under the Clean Water Act

-51-

and as required by the State Water Control Law. Under both State and Federal Law, the Department functions
as the principal water quality management agency within the Commonwealth of Virginia. The goal of the
Virginia Water Protection Program is to ensure the protection of the beneficial uses of State waters
*      including nontidal wetlands, prevent degradation of valuable water resources and to work toward the
restoration of waters whose quality has been degraded. The Department issues permits for all activities
which may result in the physical, biological or chemical alteration of State waters.

Resource Agencies

O1     Federal:                            U. S. Environmental Protection Agency
Wetlands Section
841 Chestnut Street 3ES42
Philadelphia, PA  19107
(215) 597-3360
The Environmental Protection Agency oversees compliance with federal environmental laws, including the Clean
Water Act, the Clean Air Act, Superfund, the National Mhvironmental Policy Act, etc. The Agency provides
advice and recommendations to the Corps of Engineers to ensure that all authorized projects avoid and
minimize adverse environmental impacts. Important features considered during Clean Water Act project
reviews include but are not limited to impacts on water quality, flood storage, fisheries, and wildlife
habitat.

U. S. Fish -& Wildlife Service
Virginia Field Office
Post Office Box 480
Mid-County Centre, U. S. Route 17
White Marsh, Virginia 23183
(804) 693-6694
The objectives of the Department of the Interior and the U. S. Fish & Wildlife Service (Service) are
to conserve fish and wildlife resources and their habitats and to protect public trust rights of use and
enjoyment associated with waters of the United States. The Service provides advice and recommendations to
the Corps of Engineers to ensure that all authorized projects are the least environmentally damaging
alternative and in the public's interest in safeguarding fish and wildlife resources from unnecessary loss
and degradation.  The Service is also responsible for assisting the Corps to meet their responsibilities
under Section 7 of the Endangered Species Act

National Marine Fisheries Service
Management Division
Cxford Laboratory
Oxford, Maryland 21654
)*                                                    (301) 226-5771

President's Advisozy Council on Historic Preservation
The Old Post Office Building
i100 Pennsylvania Avenue, Suite-S809
Washington, DC 20004
(202) 786-0505

The President's Advisory Council on Historic Preservation (Council) provides comments to the Corps of
Engineers (Corps) on undertakings that affecc historic properties.  The Council's goal is to accommodate
historic preservation concerns with the needs of the Corps' Regulatory program through the Section 106
process.  Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies with
jurisdiction over federally licensed undertakings to take into account the effects of their undertakings on
)*  historic properties (defined as districts, buildings, structures, or archaeological sites which are included
on or are eligible for inclusion on the National Register of Historic Places) and to offer the Council the
opportunity Co comnent on the project's effects. The Council encourages consideration of historic
preservation concerns during the early planning stages of a project through consultation with the Corps, the
State Historic Preservation Officer and other interested persons.
-52-
r

State:                                                            Virginia Department of Game & Inland
Fisheries
Environmental Officer
*)                                                Post Office Box 11104
Richmond, Virginia 23230-1104
(804) 367-8999

The Virginia Department of Game & Inland Fisheries (VDGIF) is the primary wildlife and freshwater
management agency in the Commonwealth, and has legal jurisdiction over state or federally endangered or
threatened species, excluding insects and plants. VDGIF is a consulting agency under the U.S. Fish &
*)   Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), and provides environmental
analysis of projects or permit applications coordinated through the Virginia Marine Resources Commission,
the. Virginia 'State Water Control Board, the U.S. Army Corps of Engineers, the Federal Energy Regulatory
Coamission, and other state or federal agencies. The department's role in these procedures is to determine
likely impacts on fish and wildlife resources and habitats, and to recomnend appropriate measures to avoid,
reduce, or mitigate for those impacts. Primary issues of concern to VDGIF include impacts upon upland,
wetland, aquatic fish & wildlife and their habitats; protection of instream flow; endangered or threatened
species; and impacts upon streams or other surface waters and interconnected groundwaters. Sediment and
erosion control, water quality protection, and disposal or handling of hazardous or toxic materials are also
of concern to the Department.


Virginia Institute of Marine Science
Wetlands Section
Gloucester Point, Virginia 23062
(804) 642-7000

The Wetlands Advisory Program of the Virginia Institute of Marine Science (VMS) provides scientific and
technical advice for the use of all participants in the shoreline permit process.  To accomplish this, a
written impact assessment report is prepared for most projects requiring a wetlands or subaqueous bed
permit.  The report describes the marine environmental impacts of the proposed activity and suggests
alternatives and/or modifications which will lessen any significant adverse effects to aquatic resources
resulting from the proposal. Copies of the advisory report are provided to the applicant and/or the agent
and all regulatory/resource agencies.

Virginia Department of Conservation & Recreation
Division of Soil & Water Conservation
Shoreline Erosion Advisory Service (SEAS)
Post Office Box 1024
Gloucester Point, Virginia  23062
(804) 642-7121

The Shoreline Erosion Advisory Service is a technical section of the Department of Conservation &
Recreation.  The SEAS program provides technical advice regarding environmentally sound protective measures
for shoreline erosion control. The SEAS service is available upon request to property owners throughout
virginia's tidal region.

Virginia Department of Historic Resources
221 Governor Street
*;                                             Richmond, Virginia  23219
(804) 786-3143
The Virginia Department of Historic Resources (VMIR) represents the interests of the Camnonwealth and its
citizens in preserving Virginia's cultural heritage. The director of the VDR is the State Historic
Preservation Officer (SHPO).  The role of the SHPO is to assist the Corps in meeting its responsibilities
under Section 106 of the National Historic Preservation Act. The VDHR assists the Corps with identifying
historic properties, with assessing effects upon them and in considering alternatives to reduce, avoid or
mitigate a project's adverse effects.
-53-

Local Regulatory Agencies (Wetlands Boards)
Accomack County:
Cape Charles County:
Charles City County:
Chesapeake:
Colonial Heights:
Essex County:
Fairfax County:
Fredericksburg:
Gloucester County:
Hampton:
Hopewell :
Isle of Wight:
James City County:
King George County:
King William County:
Lancaster County:
Mathews County:
Middlesex County:
(804)
(804)
(804)
(804)
(804)
(804)
(703)
(703)
(804)
(804)
(804)
(804)
(804)
(703)
(804)
(804)
(804)
(804)
787-5721
331-3259
829-9217
547-6248
520-9275
443-4951
324-1210
372-1179
693-4040
727-6142
541-2267
357-3191
253-6622
775-7111
769-4927
462-5220
725-5025
758-4305
New Kent County:
Newport News:
Norfolk:
Northampton County:
Northumberland County:
Poquoson:
Portsmouth:
Prince William County:
Richmond County:
Stafford County:
Suffolk:
Surry County:
Virginia Beach:
Westmoreland County:
West Point:
Williamsburg:
York County:
(804)
(804)
(804)
(804)
(804)
(804)
(804)
(703)
(804)
(703)
(804)
(804)
(804)
(804)
(804).
(804)
(804)
966-9861
247-8437
441-2152
678-5872
580-8910
868-7151
393-8836
335-6830
333-3415
659-8668
934-3111
294-5210
426-5790
493-0121
843-3330
220-6130
890-3538
Soil & Water Conservation 's
Erosion & Sedimentation Control
Offices
Abingdon
252 W. Main Street, Suite 3
Abingdon, Virginia 24210
(703) 676-5528

Dublin
Post Office Box 1506
Dublin, Virginia 24084
(703) 831-4008

Staunton
Route 4, -Box 99-J
)*  Staunton, Virginia  24401
(703) 322-9991
Chase City
411 Boyd Street
Chase City, Virginia 23924
(804) 372-2191

Richmond
217 Governor Street, 3rd Floor
Richmond, Virginia 23219
(804) 371-7489

Suffolk
1548 Holland Road
Suffolk, Virginia 23434
(804) 925-2468

Warrenton
98.Alexandria Pike, Suite 33
Warrenton, Virginia 22186
(703) 347-6420
Tappahannock
Post. Office Box 1425
Tappahannock, Virginia
s*    (804) 443-6752
22560
These offices may be able to provide advice on erosion and sedimentation controls for
shoreline and streambank erosion as well as storm water management.









-54-
I

4
FEDERAL WETLANDS DETERMINATIONS
Delineations are to be performed using the appropriate method as directed in the current Federal manuaL
If you would like the Corps to verify a wetlands delineation, the following information should be provided:
A Plan View Drawing showing:
all proposed development (if available)
location of the wetlands at the site with benchmarks
property lines and location of adjacent property owners
existing structures at the site
sampling locations
location of wells (if applicable)
Please indicate whether the boundaries of the wetland at the project site have been flagged.
A Vicinity Map with. the name of the map from which it was taken and the exact location of the project site should
be included (U.S.G.S. quad sheet, or other topographic map is preferred).
In addition to the drawings, as much of the following information as possible should be provided.
Completed data sheets
Aerial photograph(s) of the site
Soil survey with soil descriptions
National Wetlands Inventory Map
FEMA map
Site history/Prior land use
Any other supporting documents to be considered
-55-

FEDERAL PENALTIES FOR VIOLATIONS AND RELATED STATE CODES
U. S. Army Corps Of Engineers
* Section 10 of the Rivers and Harbors Act of March 1899 (33 U. S. C. 401, 403, & 404) - Penalties as provided by Section 12 of the
Act (33 U  S. C 406) are not less than $500 or more than $2,500 or 1 year imprisonment or both.

U. S. Army Corps Of Engineers & Environmental Protection Agency
Section 404 of the Clean Water Act (33 U. S. C 1251 et seq.) - Criminal penalties are not less than $2,500 per day or more than
$25,000 per day or up to 1 year imprisonment or both; after the first violation (conviction) not more than $50,000 per day or up to 2
years imprisonment or both (33 U. S. C. 1319 (c) (1)). Civil penalties may be as much as $25,000 for each day of violation 33 U. S.
C. 1319 (d) and 33 U. S. C. 1344 (s) (4).
Injunctive Relief- Court order to remove, restore, or comply with other conditions.

False Statements - Falsifying information in the application may result in a maximum fine of $20,000 or up to 6 months
imprisonment or both.

The Environmental Protection Agency also has the authority to assess administrative penalties up to $125,000
for violations of Section 404 of the Clean Water Act.

VIRGINIA MARINE RESOURCES COMMISSION
*   itle 28.2 of the Code of Virginia
Chapter 12 - Submerged Lands
Article 1 - Ownership & Uses of Submerged Lands
Article 2 - Enforcement & Penalties
Chapter 13- Wetlands
Article 1- General Provisions
*@~~ ~Article 2 - Wetlands 7ning Ordinances & Wetlands Boards
Article 3- Permits & Review
Article 4 - Enforcement & Penalties
Chapter 14 - Coastal Primary Sand Dunes & Beaches
Article I - General Provisions
Article 2 - Coastal Primary Sand Dune Ordinance & Boards
~~~*   ~Article 3 - Permits & Review
Article 4 - Enforcement & Penalties

For violations under each Chapter civil charges up to $10,000.00 may be assessed by the Commission or a local Wetlands Board, or
civil penalties up to $25,000.00, for each day of the violation, may be assessed by an appropriate circuit court.

*   DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 3.1, Section 62.1-44, may assess civil penalties of up to $25,000 per day, willful or negligent violations are punishable by
not more than 12 months in jail and a fme of not less than $2,500 or more than $25,000. Persons convicted of a felony under this
section is punishable by not less than 1I year, nor more than three years in jail, fines not less than $5,000, nor more than $50,000 for
each violation. Should the felony involve imminent danger of death or serious bodily harm, it is punishable by not less than 2 years,
normore than 15 years in prison and a fine of not less than $250,000. A defendant who is not an individual, convicted of this same
 felony shall be sentenced to pay a fine not exceeding the greater of $1,000,000 or three times the economic benefit that would have
been realized by the activity producing the offense.
Privacy Act Statement
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the
Clean Water Act, and Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972. These laws require that individuals
obtain permits that authorize stuctures and work in or affecting navigable waters of the United States, the discharge of dredged or fill
 material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters
prior to undertaling the activity. Information provided in the joint permit application will be used in the permit review process and is
a matter of public record once the application is filed. Disclosure of the requested information is voluntary; however, it may not be
possible to evaluate the permit application or issue a permit if the information requested is not provided.
-56-

Processing Procedures
Concurrent processing - When your application is received by VMRC, an application number is assigned. This number will be used
*       when referring to your projecL Copies of the application will be forwarded to the regulatory agencies by VMRC. Because of.
differences in jurisdiction and laws, these agencies will perfonn separate but concurrent reviews of your poject.

Site Inspections - Site inspections are necessary to evaluate proposals before, during, and after a permit is issued. Phototanhs of the
nrmiect sight will be taken during the on-site evaluations. Failure to allow an authorized renresentafive to enter or to take nhntomanh-t
of conditions at the oroiect site mav result in nermit denial.

Joint Srate/Federal Public Notice - A Joint Public Notice may be used to advertise project plans. Comments received in response to
the Public Notice are considered by each agency in reaching their individual decisions on the project Certain types of projects may
qualify for Corps general permits. In such cases, a joint public notice will not be preparid. The affected state and local agencies will
then follow their individual regulations for advertising the project which may require publication in a local newspaper.

Commenting on Notices - Adjacent property owners and others who have expressed interest in a particular area are fumished a copy of
the joint public notice. In addition, local and state agencies may place a public notice in the local newspaper. Anyone may comment
on a public notice. Comments must be made in writing and received by the close of the comment period specified in the public
notice.
Public Hearings - At the close of the Public Notice comment period Public Hearings may be held by Local State, or Federal agencies.
c      All applications requiring a local wetlands permit are considered at a public hearing held by the local wetlands board.
Purpose of Federal Hearings - The purpose of a Federal public hearing is to acquire information that is pertinent to the decision making
process and cannot be obtained through other means.

Federal Hearing Procedures - Most projects ufsually affect only the applicant and the s ounmding neighborhood. Verv few nmieat
renuire a nublir. hearing. When a hearing is necessary, a 30 day public notice is sent out announcing the date, time and place of the
hearing. A decision on the nmiet will not he made at the heai. A 10 day comment period follows the hearing to allow for
additional facts or information to be submitted before the District Engineer makes a final decision.

State/Local Hearing Procedures - Projects affecting tidal wetlands will be heard by the appropriate Local Wetlands Board after a notice
of Public Hearing has been advertised at least once a week for two consecutive weeks in a local newspaper. You should consult your
local wetlands board to determine who bears the cost for this advertisement. VMRC will conduct the hearings for localities with no
v*     wetlands board.

Commission Meetings - Protested applications for a Virginia Marine Resources Commission permit which cannot be resolved,
projects costing over $50,000 involving encroachment upon or over State-owned subaqueous land, and all projects affecting State and
local wetlands in localities without a wetlands board will be scheduled for Public Hearings by VMRC at their regularly scheduled
monthly commission meetings.. All interested parties will be officially notified regarding the date and time of the hearing, as well as
informed of Commission meeting procedures. The Commission will make a decision on the project at the meeting unless a decision
for continuance is made.

Joint Processing Meetings - Pending applications that do not meet the criteria of the Corps general permits are discussed at a joint
processing meeting attended by representatives from the regulatory/advisory agencies. Project impacts as well as possible alternatives
are discussed. These meetings are designed to reduce processing time by eliminating duplication of agency efforts.
Virginia Water Protection Permits - All applications and permits will be processed in accordance with the Virginia Wate Protection
Permit Regulations (VA 680-15-02) and with Procedural Rule No. 1.

Finalization of Process - If the project is approved, a permit is sent to the applicant. In some cases a notarized signature as well as
processing fees and royalties are required before the permit is validated. If the project is denied, the reason(s) for denial will be
a     provided in writing.
If you have questions about completing the application or drawings or on the permitting process, caU any of the agencies listed on
4pages 51-54 of this guide.
-57-

Most frequently asked questions
What is the U. S. Corps of Engineers and what do they do, and why? The Corps of Engineers is a branch of the
U. S. Army. You may not realize that the Corps' responsibilities go far beyond bridge and dam building. Specifically, the Corps'
Regulatory Branch is responsible for regulating construction, dredging, and filling activities in waters of the United States including
tidal and nontidal wetlands. Congress charged the Corps with administering Section 10 of the Rivers and Harbors Act of 1899 which
prohibits obstructing or altering navigable waters of the U. S. without a permit In 1977, the Corps was also charged with
administering Section 404 of the Clean Water Act which prohibits the unauthorized discharge of dredged or fill matrial into waters,
including tidal and nontidal wetlands of the United States.

What are nationwide and regional permits?  A nationwide permit is a form of general permit which authorizes certain
activities throughout the nation in many cases without the property owner needing to notify the Corps provided certain conditions are
met. However, an application may still be required for State review. A regional permit is a general permit issued by division or
district engineers on a regional basis. The Norfolk District has issued regional permits for some 20 different activities.
_
How do I know if I need a permit? Any activity (structure, dredging, certain land clearing, filling, etc.) which obstructs,
alters, or discharges fill into waters of the United States including tidal and nontidal wetlands may require a permit from the Corps, the
Virginia Marine Resources Commission, the Virginia Department of Environmental Quality and or the local wetlands board. You
may call the appropriate agency listed at the front of the joint application booklet for further guidance.

Will someone visit the site of my proposed project and tell me what is the best course of action?  If you
believe a site visit would assist you in developing your project plans, you may call the Corps.

What is the permit process? The permnitting process begins with you. You complete a Joint Permit Application and send it to
the Virginia Marine Resources Commission (VMRC). VMRC assigns an application number and sends copies of your application to
DEQ, your local wetlands board and to the Corps. Projects not satisfying the requirements of a nationwide or regional permit may
need to be advertised by public notice. The Corps is required to coordinate such applications with the Environmental Protection
Agency, the U. S. FLsh and Wildlife Service, and the National Marine Fisheries Service. The Corps considers the view of these
agencies as well as comments received from the public in their evaluation of the project.

What are the penalties if I do not follow the permit process? The agencies are responsible for enforcing the regulations
they administer. Reported or detected violations will be investigated. Should a violation be confirmed, appropriate action will be
*  pursued. (See page 57 for specific Federal and State penalties.)

Where can I get further information about wetlands, wildlife, and the regulatory process? There are many
sources. For information regarding wetlands, wildlife and the regulatory process you may contact any of the regulatory and advisory
agencies listed on pages 51-54 of this booklet. The following agencies may also provide valuable information about aquatic resources,
wetlands, wildlife and thier habitats:

Chesapeake Bay Local Assistance Department	1-800-243-7229 (1-800-CHESBAY)
Environmental Protection Agency Wetlands Hotline	1-800-832-7828

As a reminder, your local wetlands board (mostly in tidal areas) or your local Soil & Water Conservation District my also provide
assistance and advice on development in or affecting wetlands.

Does VMRC have jurisdiction in areas other than Tidewater?    Yes, in State-owned submerged lands in nontidal areas.
This includes all the beds of the bays, rivers and creeks not conveyed by special grant or compact according to law. All perennial
stams may be under VMRC jurisdiction.
-58-

Definitions, Special Terms, & Abbreviations
Acre - Foot Unit of volume of water that would cover one acre to a depth of one foot; equal to 43,560 cf.
10    Adjacent Property Owner - Individuals owning property that shares the boundary (common property line) of
the property at the project site.
Anadromous fish - Fish that swim upstream to spawn.
Beach Nourishment - The placement of suitable sand on a shore to restore and stabilize an eroding beach.
Benchmark - A fixed point of reference used in a measure that under normal circumstances will not move or be
changed. For example: the distance from the comer of a house to a telephone pole, or an official government
40., survey marker. '
Breakwater - A fixed or floating structure usually constructed parallel to the shoreline to protect the shoreline
from erosion by reducing the wave energy that reaches the shore.
Bulkhead - an upright structure built to protect an eroding shoreline from the force of water.
Community Facility for Boat Moorings - A facility operating under public or private ownership which
provides mooring for boats whether on a free, rental, or fee basis or for the convenience of a particular group of
individuals.
Complete Application -The basic application, all applicable appendices, and drawings properly filled out and
completed.
CFS -Cubic feet per second.
Cubic Yard - A measure of volume; length x width x depth = volume (27 cubic feet = 1 cubic yard).
Dredged Material - Material that is excavated or dredged from waters of the United States.
Estuarine - River systems that extend upstream to an imaginary line that closes the mouth of the river, bay or
sound. Generally, the term estuary refers to the portion of the river from the ocean to the point where the ocean
salts are diluted by freshwater from either river currents or upland runoff.
FPS - Feet per second.
Fill Material -Any material that will change the bottom elevation of an aquatic area, wetland, or water body.
Finger Pier - A small walkway generally built perpendicular to a pier for the purpose of providing access to and
aid in mooring a boat. (Often referred to as a catwalk, L-head or T-head).
Filter Cloth - A thin cloth-like material normally used behind bulkheads or riprap to retain fill material while
allowing water to pass through it.
General Permit -A Department of the Army (Corps) permit that is issued on a nationwide or regional basis for
a category or categories of activities when the work is similar in nature and causes only minimal individual and
cumulative environmental impacts.
Groin - A structure built perpendicular to the shore whose main function is to trap and retain moving sediments.
Intermittent Stream - A stream that has flowing water at some times and is dry at other times.
Intertidal Zone - The area of land that is submerged at high tide and exposed at low tide.
Jetty - A structure, much like a groin, that is built alongside a channel or harbor entrance to prevent sand from
building up in the channel and obstructing navigation. Jetties are seldom low profile since their main purpose is to
maintain a channel opening.
Joint Public Notice - A public notice that satisfies the advertising requirements of the Virginia State Water
Control Board, the Virginia Marine Resources Commission, the Tennessee Valley Authority, and the Corps of
Engineers.
Linear Feet - The total footage of a structure measuring in a continuous line along the strucmre.
Low Profile Groin - A groin design where the height of the structure is graduany lowered so the channelward
end is below mean low water which allows sand to bypass the structure (once the structure is filled) so that
*p   beaches downdrift of the groin will still receive sand.
Marina - Any installation operating under public or private ownership which provides mooring (not including
paddle or rowboats), sale, rental, equipment, supply, or service for the convenience of the public or their leases,
renters, or users of their facilities.
Marsh Peat Surface - The surface of the area containing the roots of the wetland vegetation. Also referred to
as the wetland substrate.
*    Mean High Water (MHW) - The average elevation of high water in tidal areas.
Mean High Water Line - A contour line on a drawing that shows the landward limits of an average high tide.
Mean Low Water (MLW) - The average elevation of low water in tidal areas.
-59-

Mean Low Water Line - A contour line on a drawing that shows the channelward limits of an average low
tide.
MGD - Million gallons per day.
Mudflats - Nearly level areas without vegetation that are covered during high water and exposed at low water.
Nationwide Permit - Nationwide permits are a type of general permit that authorize certain specified activities
nationwide. If certain conditions are met, the specified activity may be undertaken without the need for an
individual or regional permit.
Navigable Waters of the United States - Waters of the United States that are subject to the ebb and flow
of the tide, and/or are presently used, or have been used in the past, or may be susceptible to use for the transport
of interstate or foreign commerce.
Nontidal Waters -Waterways or impoundments not subject to the periodic rise and fall of the tide.
Non-Vegetated Wetlands - State and Local Definition: The Commonwealth of Virginia has defmed these
areas as follows: Non-vegetated wetlands include the land lying between and contiguous to mean low water to an
elevation of mean high water not otherwise considered "vegetated wetlands". Generally, this is any area between
mean low water and mean high water which does not exhibit or support vegetation. These areas include mudflats,
sand beaches, eroding shorelines, etc.
Ordinary High Water (OHW) - The average elevation of high water in nontidal areas.
Ordinary High Water Line - A contour line on maps of nontidal waterfront property that shows the landward
limits of normal high water.
Perennial Stream - A stream that has flowing water year round and is usually indicated by a solid blue line on
U.S.O.S. quadrangle maps.
*    Pre-Discharge Notification (PDN) - Notification required by the Corps of Engineers on specific projects
that may meet the criteria of certain Nationwide Permits.
Put & Take Trout Waters - Cool, clear, freshwater streams that are stocked with various species of trout.
Regional Permit - Regional permits are a type of General Permit that may be issued by a division or district
engineer for activities within a specific geographic area.
Retaining'wall - An upright structure built to prevent property from slumping into a waterway.
4D   Revetment - A facing, usually made of stone or concrete, installed to protect an eroding shoreline from the force
of water.
Riparian Rights - The rights of a person owning land bordering on a water body to reach navigable water.
Riprap - A layer of material such as stone or chunks of concrete on an embankment slope to prevent erosion.
Splash Apron - A structure that is usually made of riprap or concrete and placed at the outlet of a pipe to absorb
the initial impact of the flow and reduce the flow velocity to a level which will not erode the receiving channel or
area.
Spur - A short structure, normally less than 20 feet in length, built perpendicular to a groin for the purpose of
reducing erosion or scour downdrift of the groin.
Square Feet - A measurement of area ( length x width = area),
State Waters - All water; on the surface and under the ground, wholly or partially within its jurisdiction.
Subaqueous Land - Land which is submerged below mean low water (channelward of the mean low water
line) in tidal areas or below ordinary high water (channelward of the ordinary high water line) in nontidal areas.
Tidal Waters - Waters subject to a periodic rise and fall in elevation caused by the moon and sun and occurring
in a cyclic manner, normally every 12 hours.
Trout waters'- Cool, clear, freshwater streams that provide habitat for various species of trout. Trout cannot
survive in waters warmer than 68 degrees.
Vegetated Shallows - Shallow water areas that support submerged aquatic vegetation.
Vegetated Wetlands - State and Local Definition: The Commonwealth of Virginia has def'med these areas as
follows: Vegetated wetlands include the land lying between and contiguous to mean low water to an elevation
above mean low water equal to one and one-half times the mean tide range at the site of the proposed project and
upon which one or more species of tidal wetland plants is growing. Generally, this is the land between and
adjacent to the range of mean high water and mean low water which supports at least one species of wetland
vegetation. This definition includes the land within one and one-half times the range of the average tide at the site.
State and Local wetlands are limited to tidal areas of the commonwealth.



-60-
I

I
Federal Definition - The Govemnment of the United States has defined wetlands as follows: Those areas that
are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and under
normal circumstances do suppomt a prevalence of vegetation typically adapted for life in saturated soil conditions.
0  Federal wetlands generally include swamps, marshes, bogs, and similar areas. It should be noted in many cases
the federal definition of wetlands includes areas at higher elevation than one and one-half times the mean high tide
range. Federal wetlands are not limited to tidal area.
Vernal Pools - Pools that may only seasonally have standing water. Several endangered species are dependant
on vernal pools for their reproduction and continued existence.
Waters of the United States - Coastal (including tenlitorial seas) and inland waters, lakes, rivers, and
*    streams that are navigable waters of thie United States, including adjacent wetlads. PLUS: Tributaries to
navigable waters of the United States, including adjacent wetlands. (Map-made, nontidal drainiage and irrigation
ditches excavated from dry land, not from wetlands, are not considered to be tributaries.) PLUS: Interstate.
waters and their tributaries, including adjacent wetlands.
-61-

U.S. Army Corps
Of Engineers
Norfolk District

CERTIFICATE OF COMPLIANCE
WITH
ARMY CORPS OF ENGINEERS, NORFOLK DISTRICT
REGIONAL PERMIT RP-17 FOR PRIVATE PIERS

I,                                  hereby certify that I have read and understand all
conditions of the effective Regional Permit RP-17, issued by the Army Corps of Engineers,
Norfolk District, Norfolk, Virginia, regulating the construction, maintenance, and repair of
private, non-commercial piers & mooring piles in certain navigable waters of the United States
within the Commonwealth of Virginia. The proposed (work) to be located. at:




fully complies with all conditions set forth in RP-17.

I agree to make available a copy of this certification and any other documents required by RP-17 to
any regulatory representative authorized to visit the project site to ensure permit compliance. If I
fail to provide the required documentation upon request, I understand that the representative
will have the option'of stopping work at the project site until it has been determined that I am in
full compliance with all terms and conditions set forth in the regional permit.

Signature of Property Owner or Agent
�
Date
NOTE: DO NOT SIGN THIS FORM IF YOU ARE CONSTRUCTING A
BUTLKHEAD, RIPRAP REVETMENT, OR PERFORMING ANY OTHER ACTIVITY
NOT COVERED BY RP-17. DO NOT SIGN THIS FORM IF YOU HAVE NOT
READ THE TERMS AND CONDITIONS OF RP-17. YOU MAY CONTACT THE
CORPS AT  FOR A COPY OF THE PERMIT.


NAO FL 17 Rev 30 APR 93


-62-

4
ADDENDUM

DEPARTMENT OF ENVIRONMENTAL QUALITY ADDITIONAL INFORMATION FOR VIRGINIA
WATER PROTECTION PERMITS

The following informnation is required for all applications unless otherwise noted:

1. � 62.1-44.15:3 of State Water Control Law requires that before the Department may consider any
application for a permit to be complete, that the applicant provide the Executive Director with a
notification from the local governing body of the county, city or town in which the discharge is to take
place that the location and operation of the facility is fully consistent with all ordinances adopted
pursuant to Chapter 11 (� 15.1-427 et seq.) of Title 15.1. A form for local government signature is
included with this appendix. Please note that the local governing body must be presented with the
Joint Permit Application. Failure to fulfill this requirement will prevent processing of your application
and may result in the administrative denial of your request.
2.
Lati tude: ___-
Longitude: __-
3.
Hydrologic
Unit Code (HUC):
* This information is found on the H4vdmvc Unit Mn - State of Virai,i published by the U.S. Geological swuvey.
4. .Stream Classification (Check one):
- Class I - Open Ocean
- Class III - Nontidal Waters
- Class V - Put & Take Trout
Waters
- Class VII - Swamp Waters
Class II - Estuarine Waters
Class IV - Mountainous Zone
Waters
Class VI - Natural Trout
Waters
5. Stream Drainage Area (check whichever applies) I
a.    <1 square mile b.    <5 square miles c.  ->5 square miles

"Note: Applicants proposing impoundments and water withdrawals may be required to provide more detailed hydrologic
information (see section 11)
6. Existing beneficial uses 'of affected waters (check all that apply)": -
__   fish and wildlife habitat
- public water supply
commercial/industrial supply
- navigation
aesthetic value
recreation
agriculture water supply
waste assimilation
- cultural value
other (please describe)
7. Uses which may be impacted by the proposed project (check only those uses impacted) **:
__   fish and wildlife habitat
- public water supply
- commercial/industrial supply
- navigation
-   aesthetic value
recreation
agriculture water supply
waste assimilation
-     cultural value
other (please describe)
'Note  More detailed information on beneficial uses may be required for specific projects. Applicants will be notified, in writing,
of any additional requiremens
-A1 -

8. Functional values assessment (wetlands only):
Functional assessments are required for impacts (permanent and temporary) to all wetlands one acre or
more in size. Many recognized functional assessment methodologies exist. However, the DEQ endorses
no specific methodology at this time. It is suggested that an applicant or his agent select a method
based upon its ease of use, ability to provide quality information, and utility in the field. Applicants
are cautioned that the assessment of wetland functional value is technically complex. Persons
unfamiliar with the techniques for functional assessment should use caution when attempting to utilize
these methods. The functional assessment and the methodology utilized to determine functional value
must be submitted to the DEQ with the application package.
9. Wetland delineation (where applicable):
All projects impacting wetlands must provide a delineation map showing the physical location and
aerial extent of all wetlands on the site. All data sheets and calculations utilized to determnine an
area's wetland status shall be submitted with the delineation map. The currently accepted federal
methodology shall be used in preparing wetland delineations.
10. Mitigation Plan (required for unavoidable wetland losses and stream modifications):

The mitigation plan shall at a minimum include:
a. Measures taken to avoid impacts to surface waters, including wetlands.
Enample  1: Structures were relocated to avoid wetland/stream relocation area's identified at
X and Y on the delineation map.
Exaple 2: The road crossing structure has been changed from a quadruple box culvert to a
bridge in order to avoid fill and channel modifications in Jones Branch, a sensitive trout stream.
b. Where impacts could not be avoided, measures taken to reduce impacts to surface waters,
including wetlands.
Example 1: The slope of the road fill was reduced to x resulting in a reduction of y in wetland
area impacted.
Efamlple 2: The bridge was realigned to reduce the amount of channelization necessary to
accommodate the road crossing.
c. Where impacts could not be avoided or minimized, a mitigation plan which completely
describes the type of impact to be mitigated and the means by which mitigation will be accomplished.
Plans should include:

..                                                                                        . ..
*Location of the mitigation site, including latitude and longitude at the center of the site.
*detailed sketches and site plans
* any other measures designed to re-create, enhance or restore impacted beneficial uses within the
proposed mitigation area.
If no replacement mitigation is planned,. the applicant must include a brief statement to this effect and
include a detailed explanation as to the reason no rel?lacement rmitigation is planned.
I Note: Applicants with projects involving a water withdrawal or a FERC hydropower licensing or
relicensing are required to provide the information in items 11 through 19.
-A2 -

11. Applicants must complete Appendix N - Stream Intakes and Outfall Structures, Appendix 0 -
Stream Channel Modifications and/or Appendix P - Impoundments/Dams, whichever is (are)
appropriate.
12. What are the median monthly stream flows in cubic feet per second (cWs) at the water intake or dam
site?
Median Flow
Median Flow
Month
JAN
FEB
MAR
APR
MAY
JUN
tCF$
)
JUL .
-AUG
SEP
OCT
NOV
DEC
13. Describe below or on an attachment the streamflow gauges, the type of calculations used and the
period of record that was used to calculate the median monthly flows in item 12, and the average flows
provided in Appendices N, 0 and P.
14. What is the maximum instantaneous withdrawal and maximum daily withdrawal at the water
intake or dam site? Specify the units of measurement, e.g. million gallons per day, gallons per minute,
cubic feet per second, etc.
Maximum instantaneous withdrawal
Maximum daily withdrawal

15. Describe the manner in which the withdrawal of water varies over time, for example, as a function
of the time of year, or time of day, or time of week.
16. Describe below the amount of water that will be lost to consumptive use. For the purpose of this
application, consumptive use means the withdrawal of surface waters without recycle of said waters to
their source or basin of origin. Attach a map showing the location of the withdrawal and location of
the return flow.
-A3-

17. Describe below or in a separate attachment how the amount of water to be withdrawn was
calculated and any relevant assumptions made in that calculation. Also describe the proposed use of
the water withdrawal.





18. Describe in an attachment the existing beneficial uses of the surface water body near the proposed
project site that would be affected by the withdrawal of water. Include both instream and offstream
uses. For the purposes of this application beneficial instream uses include, but are not limited to, the
protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation and
cultural and aesthetic values. Offstream beneficial uses include, but are not limited to, domestic
(including public water supply), agricultural, hydropower, commercial and industrial uses. Describe
the streamflow necessary to protect existing beneficial uses and how the proposed withdrawal will
impact existing beneficial uses.
19. Describe in an attachment the aquatic life known to be present at the proposed location that will be
impacted by the proposed withdrawal. Include information on the species known to be present and
their habitat requirements.
































-A4 -

TO:               Applicants For Virginia Pollutant Discharge
Elimination System (VPDES) Permits, Virginia
Pollution Abatement (VPA) Permits, Virginia
Corrective Action Plan (CAP) Permits and Virginia
Water Protection Permits.

Article 2, S 62.1-44.15:3 of the State Water Control Law states:

"No application for a Certificate to discharge sewage, industrial wastes and
other wastes into,or adjacent to state waters shall be considered complete
unless the applicant has provided the Executive Director with notification
from the governing body of the county, city or town in which the discharge is
to take place that the location'and operation of the discharging facility is
consistent with all ordinances adopted pursuant to Chapter 11 (5 15.1-427 et
seq.) of Title 15.1 of the Code."
(These are local zoning and planning ordinances)

In accordance with this section, new applications for VPA permits, VPDES
Permits, CAP Permits and Virginia Water Protection Permits will not be
considered complete until the information below is submitted to the DEQ
Regional office or Headquarters Office in the case of the Virginia Water
Protection Permits.


To:
(County, City or Town Administrator/Manager)

I am in the process of completing a DEQ application form for a permit or
certificate. In accordance with Chapter 11 (�15.1-427 et seq.) of Title 15.1
of the Code of Virginia, I request that you sign one of the two statements
below certifying my attached application is consistent with your local
ordinances. Please return this form to:

Return to:
(Applicant's Name)

(Applicant's Address)


I hereby certify,
(1) that the proposed location and operation of the facility is
consistent with all ordinances adopted pursuant to Chapter 11 (�15.1-427 et
seq.) of Title 15.1 of the Code of Virginia or

(2) that no local ordinances are in effect pursuant to Chapter 11
(�15.1-427 et seq.)
Signature


Print name
Title


Date
-AS-

How  to calculate square feet, cubic feet and  cubic yards:

If you wanted to dredge a channel 100 feet long, 20 feet wide and 5 feet deeper than the existing channel is at
mean low water, the volume you dredge would look similar to the illustration below.




100'

5,
V'/
Using steps 1 - 3 below, the calculations for this example are:
1. 100 feet x 20 feet =	2,000 square feet
2. 5 feet x 2,000 feet =	10,000 cubic feet
3. 10,000 cubic feet /27 = 370 cubic yards -
P-

Attachment C



Permit #__ ___
Commonwealth of Virginia
Marine Resources Commission
Authorization



A Permit has been issued to:




The Permittee is hereby authorized to:
Issuance Date:
Expiration Date:
Commissioner or Designee
This Notice Must Be Conspicuously Displaed At Site Of Work

Attachment D

0






0




0






0



0~~~~~~~~



0






0




0




0

Attachment E

V
~-,',',.'"- - 7 ~'sASSOC,Lr.';     3 Cf ,-
,, ,':i!ii'	'�. STNEWCEY (1. CAI.i);[NrJ

wS -' l	4....;	GE-ORGE	s. roRrnf-
:WH	Vi.\-	rPoquoson	Vgtgnia
~.'r'.<'-~.	JOHN W. FIREEMAN SR
-q Hampton. Virglma
M A- PRUI(TT                     -TMOTHY G. HAYES
LTH  of VIRI-ClINI  A	P~~~~~~0ichmo rid. Virginia
-C"(OM MOk)NWEAL Ho WIRGNA	WLLIAM A. HUDNALL
cRT O. CRAFT
Administratian and Fnance  Mr        C-eathsvie. Virginia
ER, T W.,GR.ASB  Marine Resources Commission OONALO L LIVERMAN. SR.
Virginia Be.ach. Virginia
. Habitat fManagement         P. 0. Box 756	V;nra Eeac  Viginia
cRT J. MARKLANO	PETER W. ROWE
1, Law Enfornent	2600    i ngon Ae e	Chesapeake. Virginia
Law Enforcement	~~~~2600 WVa.hingzon	JANe C. WEe
II. TRAVELSTEAD	JANE  WEE
esheies Management      Newport  News, Virginia 23607-0756	NewPt News Virginia
October 15, 1993

Mr. Mark A. Bruner
c/o Tidewater Dock, Inc.
*  P. O. Box 2733
Virginia Beach, Va. 2345Q

RE: VMRC #93-1056

Dear Sir:

Enclosed is the Marine Resources Commission permit to
install 233 linear feet of riprap revetment no more than three
feet channelward of mean low water at property situated along
Linkhorn Bay in Virginia Beach.

*-    A yellow placard is also enclosed.  This placard reflects
the authorized activities for inspection purposes and must be
conspicuously displayed at the work site throughout the
constrtuction phase. Failure to properly post the placard in a
prominent location will be considered a violation of your permit
conditions.

The work authorized by this permit is to be completed by
October 31, 1996. Please note that in conformance with Special
Condition 17 of your permit you are to notify the Commission
prior to commencement of your permitted project. The enclosed
self-addressed, stamped post card is to be used for this purpose.
* All other conditions of the permit will remain in effect.

Please be advised that you may also require issuance of a
U. S. Army Corps of Engineers permit before you begin work on
this project. You may wish to contact them directly to verify
any permitting requirements.

Since ely,


obert W. Grabb
Chief, Habitat Management
* RWG/lm
HM
Enclosure
CC: U. S. Army Corps of Engineers, Norfolk District
Virginia Beach Wetlands Board
Applicant
relephone (804) 247-2200  (804) 247-2292 V/TDD information and Erriergency Hotline 1-800-541-4646
V,QTDD

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What Virginia regulatory authority protects wetlands through the water protection permit program?
			
DEQ administers the Virginia Water Protection (VWP) permit program and an associated compliance program through the regulation of: Surface water withdrawals and non-agricultural impoundments.
		
			
What is the definition of wetlands under the Virginia Water Protection permit?
			
"Wetlands" means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
		
			
What is wetland legislation?
			
Provides for the designation and protection of wildlife, fish, and plant species that are in danger of extinction. *Executive Order 11990, Protection of Wetlands (1977) AFA. Requires Federal agencies to minimize impacts of Federal activities on wetlands. *Executive Order 11988, Protection of Floodplains (1977)
		
			
What Amendment protects wetlands?
			
Fifth Amendment to the Constitution of the United States of America.
		
			
What is considered a wetland in Virginia?
			
Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not have to have standing water 12 months of the year, but soils and plants must reflect the frequently-high water table.