HomeMy WebLinkAboutWPO201400029 Review Comments Erosion Control Plan 2014-07-29COMMONWEALTH of VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
VALLEY REGIONAL OFFICE David K. Paylor
4411 Early Road, P.O. Box 3000, Harrisonburg, Virginia 22801 Director
Molly Joseph Ward (540) 574 -7800 Fax (540) 574 -7878 Amy Thatcher Owens
Secretary of Natural Resources www.deq.virginia.gov Regional Director
July 28, 2014
United Land Development SENT VIA E -MAIL
c/o Ms. Nena Harrell, Vice President RECEIPT CONFIRMATION REQUESTED
PO Box 5548
Charlottesville, VA 22905
Re: Virginia Water Protection (VWP) General Permit Authorization Number WP4 -08 -0835
Northtown Center, Albemarle County, Virginia
Notice of Planned Change Approval Letter
Dear Ms. Harrell:
The Virginia Department of Environmental Quality (DEQ) has received your Notice of Planned Change request for
the VWP General Permit Authorization Number WP4 -08 -0835. The authorization was issued on July 28, 2008 for
the permanent impact of 0.02 acres Palustrine Emergent (PEM) wetlands, 0.081 acres Palustrine Forested (PFO)
wetlands, 0.14 acres Palustrine Open Water (POW), and 433 linear feet of stream channel associated with an
unnamed tributary to the South Fork Rivanna River.
In the letter dated June 18, 2014, Scott Collins of Collins Engineering, on your behalf, requested additional
permanent impacts to stream channel of 75 linear feet due to necessary maintenance of the existing retaining wall
that suffered a partial failure. Total project impacts including the Notice of Planned Change are to 0.02 acres PEM
wetlands, 0.081 acres PFO wetlands, 0.14 acres POW, and 508 linear feet of stream channel associated with an
unnamed tributary to the South Fork Rivanna River. Compensation for the additional impacts will be provided
through the purchase of 104 stream credits from the Willis River Mitigation Bank.
In accordance with your request and pursuant to the VWP General Permit Regulation 9 VAC 25- 690 -80, DEQ
approves the additional impacts for coverage under this authorization.
The work authorized by this VWP general permit was also authorized under the Norfolk District, U.S. Army Corps
of Engineers' (USACE) State Program General Permit (07- SPGP -01). The expiration date of the SPGP -01
authorization cannot be extended as this authorization was superseded and replaced by the Norfolk District,
USACE's issuance of a modified State Program General Permit (12- SPGP -01). The work previously determined to
satisfy the terms and conditions of 07- SPGP -01 is now authorized under 12- SPGP -01. You are required to adhere
to all special conditions contained within the attached 12- SPGP -01 that are pertinent to your project. The 12-
SPGP -01 authorization is effective as of the date of this letter and remains effective until May 31, 2017.
United Land Group
July 28, 2014
Page 2 of 2
Please note that this letter is an official component of the authorization and should be attached to the authorization
in your files. If you have any questions, do not hesitate to contact Eric Millard at (540) 574 -7813 or
eric.millard@deq.virginia.gov.
Respectfully,
B. Keith Fowler
Deputy Regional Director
Enclosures: Revised Cover Page, VWP General Permit Conditions, 12- SPGP -0 1
cc: Scott Collins, Collins Engineering — VIA EMAIL
Vincent Pero, U.S. Army Corps of Engineers, Dumfries Field Office — VIA EMAIL
COMMONWEALTH of VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
VWP General Permit No. WP4
VWP General Permit Authorization No. WP4 -08 -0835
Authorization Effective date: July 28, 2008
Notice of Planned Change date: July 28, 2014
Authorization Expiration date: July 27, 2015
VWP GENERAL PERMIT FOR IMPACTS FROM DEVELOPMENT AND CERTAIN MINING
ACTIVITIES UNDER THE VIRGINIA WATER PROTECTION PERMIT
AND THE VIRGINIA STATE WATER CONTROL LAW
Based upon an examination of the information submitted by the applicant and in compliance with § 401 of the Clean Water
Act as amended (33 USC 1341) and the State Water Control Law and regulations adopted pursuant thereto, the board has
determined that there is a reasonable assurance that the activity authorized by this VWP general permit, if conducted in
accordance with the conditions set forth herein, will protect instream beneficial uses and will not violate applicable water
quality standards. The board finds that the effect of the impact, together with other existing or proposed impacts to wetlands,
will not cause or contribute to a significant impairment of state waters or fish and wildlife resources.
Subject to the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations
adopted pursuant to it, the permittee is authorized to permanently or temporarily impact up to two acres of nontidal wetlands
or open water and up to 1,500 linear feet of nontidal stream bed. While this general permit authorized impacts up to two
acres non tidal wetlands or open water and up to 1,500 linear feet of nontidal streambed, this coverage only authorizes
impacts as presented in the Activity Description below.
Permittee: Wendell Wood, United Land Development
Address: PO Box 5548, Charlottesville, VA 22905
Activity Location: Route 29, north of Charlottesville
Activity Description: The permittee proposes to build a commercial development known as Northtown Center, including
necessary appurtenant features such as an entrance off of Route 29, parking, commercial structures, utilities and stormwater
treatment facilities. The proposed project will impact approximately 0.02 acres Palustrine Emergent (PEM) wetlands, 0.081
acres Palustrine Forested (PFO) wetlands, 0.14 acres Palustrine Open Water (POW), and 508 linear feet of stream channel
associated with an unnamed tributary to the South Fork Rivanna River. The stream compensation is based on the Unified
Stream Methodology. The original 433 linear of stream impacts require 527 stream credits, and the additional 75 linear feet
of stream impacts require 104 stream credits. The authorized impact areas are as denoted in the Joint Permit Application,
dated April 2008, prepared by Williamsburg Environmental Group and received by DEQ on May 1, 2008, and the Notice of
Planned Change (NOPC) request received on June 18, 2014.
Authorization Note(s):
• The permittee shall comply with the recommendations specified in the U.S. Fish and Wildlife Service's 7/21/08 email
(copy enclosed).
• Impacts will be compensated at the replacement to loss ratios of 1:1 for PEM wetlands (0.02 acres), 2:1 for PFO wetland
impacts (0.16 acres), and 1:1 for POW impacts (0.14 acres), through the purchase of credits from the James River
Mitigation Land Bank. The 527 stream compensation requirements will be achieved through the preservation of 577
stream compensation credits at the Central Meadows area. An additional 104 stream credits will be purchased at the
Willis River Mitigation Bank due to the additional impacts associated with the NOPC.
VWP General Permit No. WP4 -08 -0835
July 28, 2014
Page 2 of 2
The work authorized by this permit also satisfies the terms and conditions contained in the Norfolk District, U.S. Army
Corps of Engineers' ( USACE) State Program General Permit (12- SPGP -01) and no additional authorization from the
USACE is required. The permittee is responsible for following all special conditions contained within the 12- SPGP -01
(attached) that are pertinent to the project.
The authorized activity shall be in accordance with this cover page, Part I - Special Conditions, Part 11— Compensation,
Monitoring, and Reporting, and Part III - Conditions Applicable to All VWP General Permits, as set forth herein.
Date: 7/28/2014
B. Keith Fowler, Deputy Regional Director
VWP General Permit WP4 -08 -0835
Part I
Page 1 of 16
PART I. SPECIAL CONDITIONS.
A. Authorized activities.
1. This permit authorizes permanent or temporary impacts of up to two acres of nontidal wetlands or open water and
up to 1,500 linear feet of nontidal stream bed according to the information provided in the approved and complete
application.
2. Any changes to the authorized permanent impacts to surface waters associated with this project shall require
either a notice of planned change in accordance with 9 VAC 25- 690 -80, or another VWP permit application.
3. Any changes to the authorized temporary impacts to surface waters associated with this project shall require
written notification to DEQ and restoration to preexisting conditions in accordance with the conditions of this permit
authorization.
4. Modification to compensation requirements may be approved at the request of the permittee when a decrease in
the amount of authorized surface waters impacts occurs, provided that the adjusted compensation meets the initial
authorization compensation goals.
5. The activities authorized for coverage under this VWP general permit must commence and be completed within
seven years of the date of this authorization.
B. Continuation of coverage.
Reapplication for continuation of coverage under this VWP general permit or a new VWP permit may be necessary if any
portion of the authorized activities or any VWP general permit requirement (including compensation) has not been completed
within seven years of the date of authorization. Notwithstanding any other provision, a request for continuation of coverage
under a VWP general permit in order to complete monitoring requirements shall not be considered a new application, and no
application fee will be charged. The request for continuation of coverage must be made no less than 60 days prior to the
expiration date of this VWP general permit authorization, at which time the board will determine if continuation of the VWP
general permit authorization is necessary.
C. Overall project conditions.
1. The activities authorized by this VWP general permit shall be executed in a manner so as to minimize adverse
impacts on instream beneficial uses as defined in § 62.1 -10 (b) of the Code of Virginia.
2. No activity may substantially disrupt the movement of aquatic life indigenous to the water body, including those
species which normally migrate through the area, unless the primary purpose of the activity is to impound water.
Culverts placed in streams must be installed to maintain low flow conditions. The requirement to countersink does
no apply to extensions or maintenance of existing culverts that are not countersunk, floodplain culverts being placed
above ordinary high water, culverts being placed on bedrock, or culverts required to be placed on slopes 5.0% or
greater. No activity may cause more than minimal adverse effect on navigation. Furthermore the activity must not
impede the passage of normal or expected high flows and the structure or discharge must withstand expected high
flows.
3. Wet or uncured concrete shall be prohibited from entry into flowing surface waters. Excess or waste concrete
shall not be disposed of in flowing surface waters or washed into flowing surface waters.
4. All fill material shall be clean and free of contaminants in toxic concentrations or amounts in accordance with all
applicable laws and regulations.
5. Erosion and sedimentation controls shall be designed in accordance with the Virginia Erosion and Sediment
Control Handbook, Third Edition, 1992, or for mining activities covered by this general permit, the standards issued
by the Virginia Department of Mines, Minerals and Energy that are effective as those in the Virginia Erosion and
Sediment Control Handbook, Third Edition, 1992. These controls shall be placed prior to clearing and grading and
maintained in good working order to minimize impacts to state waters. These controls shall remain in place until the
area is stabilized and shall then be removed.
VWP General Permit WP4 -08 -0835
Part I
Page 2 of 16
6. Exposed slopes and streambanks shall be stabilized immediately upon completion of work in each permitted
impact area. All denuded areas shall be properly stabilized in accordance with the Virginia Erosion and Sediment
Control Handbook, Third Edition, 1992.
7. All construction, construction access (e.g., cofferdams, sheetpiling, and causeways) and demolition activities
associated with this project shall be accomplished in a manner that minimizes construction or waste materials from
entering surface waters to the maximum extent practicable, unless authorized by this VWP general permit.
8. No machinery may enter flowing waters, unless authorized by this VWP general permit.
9. Heavy equipment in temporarily- impacted wetland areas shall be placed on mats, geotextile fabric, or other
suitable material to minimize soil disturbance to the maximum extent practicable. Equipment and materials shall be
removed immediately upon completion of work.
10. All nonimpacted surface waters and compensatory mitigation areas within 50 feet of permitted activities and
within the project or right -of -way limits shall be clearly flagged or marked for the life of the construction activity at
that location to preclude unauthorized disturbances to these surface waters and compensatory mitigation areas
during construction. The permittee shall notify contractors that no activities are to occur in these marked surface
waters.
11. Temporary disturbances to surface waters during construction shall be avoided and minimized to the maximum
extent practicable. All temporarily disturbed wetland areas shall be restored to preexisting conditions within 30 days
of completing work at each respective temporary impact area, which shall include reestablishing preconstruction
contours, and planting or seeding with appropriate wetland vegetation according to cover type (emergent,
scrub /shrub, or forested). The permittee shall take all appropriate measures to promote and maintain revegetation of
temporarily disturbed wetland areas with wetland vegetation through the second year post - disturbance. All
temporarily impacted streams and streambanks shall be restored to their original contours within 30 days following
the construction at that stream segment, and the banks seeded or planted with the same vegetation cover type
originally present along the streamsbanks, including supplemental erosion control grasses if necessary, except for
invasive species identified on DCR's Invasive Alien Plant Species of Virginia list.
12. Materials (including fill, construction debris, and excavated and woody materials) temporarily stockpiled in
wetlands shall be placed on mats or geotextile fabric, immediately stabilized to prevent entry into state waters,
managed such that leachate does not enter state waters, and completely removed within 30 days following
completion of that construction activity. Disturbed areas shall be returned to original contours, restored within 30
days following removal of the stockpile, and restored with the same vegetation cover type originally present,
including supplemental erosion control grasses if necessary, except for invasive species identified on DCR's
Invasive Alien Plant Species of Virginia list.
13. Continuous flow of perennial springs shall be maintained by the installation of spring boxes, french drains, or
other similar structures.
14. The permittee shall employ measures to prevent spills of fuels or lubricants into state waters.
15. The permittee shall conduct activities in accordance with the time -of -year restrictions recommended by the
Virginia Department of Game and Inland Fisheries, the Virginia Marine Resources Commission, or other interested
and affected agencies and shall ensure that all contractors are aware of the time -of -year restrictions imposed.
16. Water quality standards shall not be violated as a result of the construction activities, unless allowed by this
permit authorization.
17. If stream channelization or relocation is required, all work in surface waters shall be done in the dry, unless
authorized by this VWP general permit, and all flows shall be diverted around the channelization or relocation area
until the new channel is stabilized. This work shall be accomplished by leaving a plug at the inlet and outlet ends of
the new channel during excavation. Once the new channel has been stabilized, flow shall be routed into the new
channel by first removing the downstream plug and then the upstream plug. The rerouted stream flow must be fully
established before construction activities in the old stream channel can begin.
VWP General Permit WP4 -08 -0835
Part I
Page 3 of 16
D. Road crossings.
1. Access roads and associated bridges or culverts shall be constructed to minimize the adverse effects on surface
waters to the maximum extent practicable. Access roads constructed above preconstruction contours and elevations
in surface waters must be bridged or culverted to maintain surface flows.
2. Installation of road crossings shall occur in the dry via the implementation of cofferdams, sheetpiling, stream
diversions, or similar structures.
E. Utility, lines.
1. All utility line work in surface waters shall be performed in a manner that minimizes disturbance, and the area
must be returned to its original contours and restored within 30 days of completing work in the area, unless
otherwise authorized by this VWP general permit. Restoration shall be the seeding of planting of the same
vegetation cover type originally present, including supplemental erosion control grasses if necessary, except for
invasive specifies identified on DCR's Invasive Alien Plant Species of Virginia list.
2. Material resulting from trench excavation may be temporarily sidecast into wetlands not to exceed a total of 90
days, provided the material is not placed in a manner such that it is dispersed by currents or other forces.
3. The trench for a utility line cannot be constructed in a manner that drains wetlands (e.g., backfilling with
extensive gravel layers creating a french drain effect.). For example, utility lines may be backfilled with clay blocks
to ensure that the trench does not drain surface waters through which the utility line is installed.
F. Stream modification and stream bank protection.
1. Riprap bank stabilization shall be of an appropriate size and design in accordance with the Virginia Erosion and
Sediment Control Handbook, Third Edition, 1992.
2. Riprap apron for all outfalls shall be designed in accordance with the Virginia Erosion and Sediment Control
Handbook, Third Edition, 1992.
3. For stream bank protection activities, the structure and backfill shall be placed as close to the stream bank as
practicable. No material shall be placed in excess of the minimum necessary for erosion protection.
4. All stream bank protection structures shall be located to eliminate or minimize impacts to vegetated wetlands to
the maximum extent practicable.
5. Asphalt and materials containing asphalt or other toxic substances shall not be used in the construction of
submerged sills or breakwaters.
6. Redistribution of existing stream substrate for the purpose of erosion control is prohibited.
7. No material removed from the stream bottom shall be disposed of in surface waters, unless authorized by this
permit.
G. Dredging.
1. Dredging depths shall be determined and authorized according to the proposed use and controlling depths outside
the area to be dredged.
2. Dredging shall be accomplished in a manner that minimizes disturbance of the bottom and minimizes turbidity
levels in the water column.
3. If evidence of impaired water quality, such as a fish kill, is observed during the dredging, dredging operations
shall cease and the DEQ shall be notified immediately.
VWP General Permit WP4 -08 -0835
Part I
Page 4 of 16
4. Barges used for the transportation of dredge material shall be filled in such a manner to prevent the overflow of
dredged materials.
5. Double handling of dredged material in state waters shall not be permitted.
6. For navigation channels the following shall apply:
a. A buffer of four times the depth of the dredge cut shall be maintained between the bottom edge of the
design channel and the channelward limit of wetlands, or a buffer of 15 feet shall be maintained from the
dredged cut and the channelward edge of wetlands, whichever is greater. This landward limit of buffer shall
be flagged and inspected prior to construction.
b. Side slope cuts of the dredging area shall not exceed a two - horizontal -to -one- vertical slope to prevent
slumping of material into the dredged area.
7. A dredged material management plan for the designated upland disposal site shall be submitted and approved 30
days prior to initial dredging activity.
8. Pipeline outfalls and spillways shall be located at opposite ends of the dewatering area to allow for maximum
retention and settling time. Filter fabric shall be used to line the dewatering area and to cover the outfall pipe to
further reduce sedimentation to state waters.
9. The dredge material dewatering area shall be of adequate size to contain the dredge material and to allow for
adequate dewatering and settling out of sediment prior to discharge back into state waters.
10. The dredge material dewatering area shall utilize an earthen berm or straw bales covered with filter fabric along
the edge of the area to contain the dredged material, and shall be properly stabilized prior to placing the dredged
material within the containment area.
11. Overtopping of the dredge material containment berms with dredge materials shall be strictly prohibited.
H. Stormwater management facilities.
1. Stormwater management facilities shall be installed in accordance with best management practices and watershed
protection techniques (e.g., vegetated buffers, siting considerations to minimize adverse effects to aquatic resources,
bioengineering methods incorporated into the facility design to benefit water quality and minimize adverse effects to
aquatic resources) that provide for long -term aquatic resources protection and enhancement, to the maximum extent
practicable.
2. Compensation for unavoidable impacts shall not be allowed within maintenance areas of stormwater management
facilities.
3. Maintenance activities within stormwater management facilities shall not require additional permit authorization
or compensation, provided that the maintenance activities do not exceed the original contours of the facility, as
approved and constructed, and is accomplished in designated maintenance areas as indicated in the facility
maintenance or design plan.
VWP General Permit WP4 -08 -0835
Part II
Page 5 of 16
Part II. Construction and Compensation Requirements, Monitoring, and Reporting.
A. Minimum compensation requirements.
1. The permittee shall provide appropriate and practicable compensation for all impacts meeting the conditions
outlined in this VWP general permit.
2. Compensation options that may be considered under this VWP general permit shall meet the criteria in 9 VAC
25- 690 -70.
3. The site or sites depicted in the conceptual compensation plan submitted with the application shall constitute the
compensation site for the approved project. A site change will require a modification to the authorization.
4. For compensation involving the purchase or use of mitigation bank credits or a contribution to an in -lieu fee fund,
the permittee shall not initiate work in permitted impact areas until documentation of the mitigation bank credit
purchase or usage or of the fund contribution has been submitted to and received by DEQ.
5. All aspects of the compensation plan shall be finalized, submitted, and approved by the board prior to a
construction activity in permitted impact areas. The board shall review and provide written comments on the plan
within 30 days of receipt or it shall be deemed approved. The final compensation plan as approved by the board
shall be an enforceable requirement of this VWP general permit authorization. Deviations from the approved plan
must be submitted and approved in advance by the board.
6. The final wetlands compensation plan shall include:
a. The goals and objectives of the plan in terms of replacement of wetland acreage and functions, by
wetland type;
b. Location map, including latitude and longitude (to the nearest second) at the center of the site;
c. Summary of the type and acreage of existing wetland impacts anticipated during the construction of the
compensation site and proposed compensation for these impacts;
d. Grading plan with existing and proposed elevations at one -foot or less contours;
e. Schedule for compensation site construction, including sequence of events with estimated dates;
f. Hydrologic analysis, including a water budget based on expected monthly inputs and outputs that will
project water level elevations for a typical year, a wet year, and a dry year•,
g. Groundwater elevation data for the site, or the location of groundwater monitoring wells to collect these
data, and groundwater data for reference wetlands, if applicable;
h. Design of water control structures;
i. Planting scheme and schedule, indicating plant species, zonation, and acreage of each vegetation type
proposed;
j. An abatement and control plan covering all undesirable plant species, as listed on DCR's Invasive Alien
Plant Species of Virginia list, that includes the proposed procedures for notifying DEQ of their presence,
methods of removal, and the control of such species;
k. Erosion and sedimentation control plan;
1. A soil preparation and amendments plan addressing both topsoil and subsoil conditions;
m. A discussion of structures and features considered necessary for the success of the site;
VWP General Permit WP4 -08 -0835
Part II
Page 6 of 16
n. A monitoring plan, including success criteria, monitoring goals and methodologies, monitoring and
reporting schedule, and the locations of photographic stations and monitoring wells, sampling points, and,
if applicable, reference wetlands;
o. Site access plan;
p. The location and composition of any buffers; and
q. The mechanism for protection of the compensation area(s).
7. The final stream compensation plan shall include:
a. The goals and objectives of the compensation plan in terms of replacement of stream functions and water
quality benefits;
b. A location map, including latitude and longitude (to the nearest second) at the center of the site;
c. An evaluation, discussion, and plan sketches of existing conditions on the proposed compensation
stream, including the identification of functional and physical deficiencies for which the measures are
proposed, and summary of geomorphologic measurements (e.g., stream width, entrenchment ratio, width -
depth ratio, sinuosity, slope, substrate, etc.);
d. The identification of existing geomorphological stream type being impacted and proposed
geomorphological stream type for compensation purposes;
e. Detailed design information for the proposed restorative measures, including geomorphological
measurements and reference reach information as appropriate;
f. Riparian buffer plantings, including planting scheme, species, buffer width;
g. Livestock access limiting measures, to the greatest extent possible;
h. A site access plan;
i. An erosion and sedimentation control plan, if appropriate;
j. An abatement and control plan covering all undesirable plant species, listed on DCR's Invasive Alien
Plant Species of Virginia list, that includes the proposed procedures for notifying DEQ of their presence,
methods for removal, and the control of such species;
k. A schedule for compensation site construction including projected start date, sequence of events with
projected dates, and projected completion date;
1. A monitoring plan, including a monitoring and reporting schedule; monitoring design and methodologies
to evaluate the success of the proposed compensation measures, allowing comparison from year to year;
proposed success criteria for appropriate compensation measures; location of all monitoring stations
including photo stations, vegetation sampling points, survey points, bank pins, scour chains, and reference
streams;
m. The mechanism for protection of the compensation area; and
n. Plan view sketch depicting the pattern and all compensation measures being employed, a profile sketch,
and cross - section sketches of the proposed compensation stream.
8. For final wetland or stream compensation plans, the vegetation used shall be native species common to the area,
shall be suitable for growth in local wetland or riparian conditions, and shall be from areas within the same or
adjacent USDA Plant Hardiness Zone or NRCS Land Resource Region as that of the project site.
VWP General Permit WP4 -08 -0835
Part II
Page 7 of 16
9. The final wetland or stream compensation plan(s) shall include a mechanism for protection in perpetuity of the
compensation sites(s) to include all state waters within the compensation site boundary or boundaries. Such
protections shall be in place within 120 days of final compensation plan approval. The restrictions, protections, or
preservations, or similar instrument, shall state that no activity will be performed on the property in any area
designated as a compensation area with the exception of maintenance or corrective action measures authorized by
the board. Unless specifically authorized by the board through the issuance of a VWP individual or general permit,
or waiver thereof, this restriction applies to ditching, land clearing or the discharge of dredge or fill material. Such
instrument shall contain the specific phrase "ditching, land clearing or discharge of dredge or fill material" in the
limitations placed on the use of these areas. The protective instrument shall be recorded in the chain of title to the
property, or an equivalent instrument for government -owned lands. Proof of recordation shall be submitted within
120 days of final compensation plan approval.
10. All work in impact areas shall cease if compensation site construction has not commenced within 180 days of
commencement of project construction, unless otherwise authorized by the board.
11. DEQ shall be notified in writing at least 10 days prior to the initiation of construction activities at the
compensation site(s).
12. Planting of woody plants shall occur when vegetation is normally dormant unless otherwise approved in the final
wetlands or stream compensation plan(s).
13. Point sources of stormwater runoff shall be prohibited from entering a wetland compensation site prior to
treatment by appropriate best management practices. Appropriate best management practices may include sediment
traps, grassed waterways, vegetated filter strips, debris screens, oil and grease separators, or forebays.
14. The success of the compensation shall be based on meeting the success criteria established in the approved final
compensation plan.
15. Wetland hydrology shall be considered established if depths to the seasonal high water table are equal to or less
than 12 inches below ground surface for at least 12.5% of the region's killing frost -free growing season, as defined
in the soil survey for the locality of the compensation site or the NRCS WETS table, measured in consecutive days
under typical precipitation conditions, and as defined in the water budget of the final compensation plan. For the
purpose of this regulation, the growing season is defined as the period in which temperatures are expected to be
above 28 degrees Fahrenheit in five out of 10 years, or the period during which the soil temperature in a wetland
compensation site is greater than biological zero (five degrees Celsius) at a depth of 50 centimeters (19.6 inches), if
such data is available.
16. The wetland plant community shall be considered established according to the performance criteria specified in
the final compensation plan and approved by the board. The proposed vegetation success criteria in the final
compensation plan shall include the following:
a. Species composition shall reflect the desired plant community types stated in the final wetland
compensation plan by the end of the first growing season and shall be maintained through the last
monitoring year.
b. Species composition shall consist of greater than 50% facultative (FAC) or wetter (FACW or OBL)
vegetation, as expressed by plant stem density or areal cover, by the end of the first growing season and
shall be maintained through the last monitoring year.
17. Undesirable plant species shall be identified and controlled as described in the undesirable plant species control
plan, such that they are not dominant species or do not change the desired community structure. The control plan
shall include procedures to notify DEQ when undesirable plant species comprise greater than 5.0% of the vegetation
by areal coverage on wetland or stream compensation sites. The notification shall include the methods of removal
and control, and whether the methods are successful.
18. If the wetland or stream compensation area fails to meet the specified success criteria in a particular monitoring
year, other than the final monitoring year, the reasons for this failure shall be determined, and a corrective action
plan shall be submitted to DEQ for approval with or before that year's monitoring report. The corrective action plan
VWP General Permit WP4 -08 -0835
Part II
Page 8 of 16
shall contain at minimum the proposed actions, a schedule for those actions, and a monitoring plan, and shall be
implemented by the permittee in accordance with the approved schedule. Should significant changes be necessary to
ensure success, the required monitoring cycle shall begin again, with monitoring year one being the year that the
changes are complete, as confirmed by DEQ. If the wetland or stream compensation area fails to meet the specified
success criteria by the final monitoring year, or if the wetland or stream compensation area has not met the stated
restoration goals, reasons for this failure shall be determined and a corrective action plan, including proposed
actions, a schedule, and a monitoring plan, shall be submitted with the final year monitoring report for DEQ
approval. Corrective action shall be implemented by the permittee in accordance with the approved schedule.
Annual monitoring shall be required to continue until two sequential, annual reports indicate that all criteria have
been successfully satisfied and the site has met the overall restoration goals (e.g., that corrective actions were
successful).
19. The surveyed wetland boundary for the wetlands compensation site shall be based on the results of the
hydrology, soils, and vegetation monitoring data and shall be shown on the site plan. Calculation of total wetland
acreage shall be based on that boundary at the end of the monitoring cycle. Data shall be submitted by December 31
of the final monitoring year.
20. Herbicides or algicides shall not be used in or immediately adjacent to the wetlands or stream compensation site
or sites without prior authorization by the board. All vegetation removal shall be done by manual means, unless
authorized by DEQ in advance.
B. Impact site construction monitoring.
1. Construction activities authorized by this permit that are within impact areas shall be monitored and documented.
The monitoring shall document the preexisting conditions, activities during construction, and post - construction
conditions. Monitoring shall consist of one of the following options:
a. Photographs shall be taken during construction at the end of the first, second, and third months after
commencing construction, and then every six months thereafter for the remainder of the construction
project. Photos are not required during periods of no activity within impact areas.
b. An ortho - rectified photograph shall be taken by a firm specializing in ortho - rectified photography prior
to construction, and then annually thereafter, until all impacts are taken. Photos shall clearly show the
delineated surface waters and authorized impact areas.
c. In lieu of photographs, and with prior approval from DEQ, the permittee may submit a written narrative
that summarizes site construction activities in impact areas. The narrative shall be submitted at the end of
the first, second, and third months after commencing construction, and then every six months thereafter, for
the remainder of the construction activities. Narratives are not required during periods of no activity within
the impact areas.
2. As part of construction monitoring, photographs taken at the photo stations or the narrative shall document site
activities and conditions, which may include installation and maintenance of erosion and sediment controls; surface
water discharges from the site; condition of adjacent nonimpact surface waters; flagged nonimpact surface waters;
construction access and staging areas; filling, excavation, and dredging activities; culvert installation; dredge
disposal; and site stabilization, grading, and associated restoration activities. With the exception of the
preconstruction photographs, photographs at an individual impact site shall not be required until construction
activities are initiated at that site. With the exception of the post - construction photographs, photographs at an
individual impact site shall not be required once the site is stabilized following completion of construction at that
site.
3. Each photograph shall be labeled to include the following information: permit number, impact area and photo
station number, date and time of the photograph, name of the person taking the photograph, photograph orientation,
and photograph subject description.
4. Monitoring of water quality parameters shall be conducted during permanent relocation of perennial streams
through new channels in the manner noted below. The permittee shall report violations of water quality standards to
DEQ in accordance with the procedures in Part II E. Corrective measures and additional monitoring may be required
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if water quality standards are not met. Reporting shall not be required if water quality standards are not violated.
a. A sampling station shall be located upstream and immediately downstream of the relocated channel.
b. Temperature, pH and dissolved oxygen (D.O.) measurements shall be taken every 30 minutes for at least
two hours at each station prior to opening the new channels and immediately before opening new channels.
c. Temperature, pH and D.O. readings shall be taken after opening the channels and every 30 minutes for at
least three hours at each station.
C. Wetland compensation site monitoring.
1. An as -built ground survey, or an aerial survey provided by a firm specializing in aerial surveys, shall be
conducted for the entire compensation site or sites including invert elevations for all water elevation control
structures and spot elevations throughout the site or sites. Aerial surveys shall include the variation from actual
ground conditions, such as +/- 0.2 feet. Either type of survey shall be certified by a licensed surveyor or by a
registered professional engineer to conform to the design plans. The survey shall be submitted within 60 days of
completing compensation site construction. Changes or deviations in the as -built survey or aerial survey shall be
shown on the survey and explained in writing.
2. Photographs shall be taken at the compensation site or sites from the permanent markers identified in the final
compensation plan, and established to ensure that the same locations and view directions at the site or sites are
monitored in each monitoring period. These photographs shall be taken after the initial planting and at a time
specified in the final compensation plan during every monitoring year.
3. Compensation site monitoring shall begin on day one of the first complete growing season (monitoring year 1)
after wetland compensation site construction activities, including planting, have been completed. Monitoring shall
be required for monitoring years 1, 2, 3, and 5, unless otherwise approved by DEQ. In all cases if all success criteria
have not been met in the final monitoring year, then monitoring shall be required for each consecutive year until two
annual sequential reports indicate that all criteria have been successfully satisfied.
4. The establishment of wetland hydrology shall be measured during the growing season, with the location and
number of monitoring wells, and frequency of monitoring for each site, set forth in the final monitoring plan.
Hydrology monitoring well data shall be accompanied by precipitation data, including rainfall amounts either from
on site or from the closest weather station. Once the wetland hydrology success criteria have been satisfied for a
particular monitoring year, monitoring may be discontinued for the remainder of that monitoring year following
DEQ approval. After a period of three monitoring years, the permittee may request that hydrology monitoring be
discontinued, providing that adequate hydrology has been established and maintained. Hydrology monitoring shall
not be discontinued without written approval from DEQ.
5. The presence of hydric soils or soils under hydric conditions shall be evaluated in accordance with the final
compensation plan.
6. The establishment of wetland vegetation shall be in accordance with the final compensation plan. Monitoring
shall take place in August, September, or October during the growing season of each monitoring year, unless
otherwise authorized in the monitoring plan.
7. The presence of undesirable plant species shall be documented.
8. All wetland compensation monitoring reports shall be submitted in accordance with 9 VAC 25- 690 -100 Part II E
6.
D. Stream compensation. restoration. and monitorine.
1. Riparian buffer restoration activities shall be detailed in the final compensation plan and shall include, as
appropriate, the planting of a variety of native species currently growing in the site area, including appropriate seed
mixtures and woody species that are bare root, balled, or burlapped. A minimum buffer width of 50 feet, measured
from the top of the stream bank at bankfull elevation landward on both sides of the stream, shall be required where
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practical.
2. The installation of root wads, vanes, and other instream structures, shaping of the stream banks, and channel
relocation shall be completed in the dry whenever practicable.
3. Livestock access to the stream and designated riparian buffer shall be limited to the greatest extent practicable.
4. Stream channel restoration activities shall be conducted in the dry or during low flow conditions. When site
conditions prohibit access from the streambank, heavy equipment shall be authorized for use within the stream
channel.
5. Photographs shall be taken at the compensation site from the vicinity of the permanent photo stations identified in
the final compensation plan. The photograph orientation shall remain constant during all monitoring events. At a
minimum, photographs shall be taken from the center of the stream, facing downstream, with a sufficient number of
photographs to view the entire length of the restoration site. Photographs shall document the completed restoration
conditions. Photographs shall be taken prior to site activities, during instream and riparian compensation
construction activities, within one week of completion of activities, and during at least one day of each monitoring
year to depict restored conditions.
6. An as -built ground survey, or an aerial survey provided by a firm specializing in aerial surveys, shall be
conducted for the entire compensation site or sites. Aerial surveys shall include the variation from actual ground
conditions, such as +/- 0.2 feet. The survey shall be certified by the licensed surveyor or by a registered, professional
engineer to conform to the design plans. The survey shall be submitted within 60 days of completing compensation
site construction. Changes or deviations from the final compensation plans in the as -built survey or aerial survey
shall be shown on the survey and explained in writing.
7. Compensation site monitoring shall begin on day one of the first complete growing season (monitoring year 1)
after stream compensation site construction activities, including planting, have been completed. Monitoring shall be
required for monitoring years 1 and 2, unless otherwise determined by DEQ. In all cases, if all success criteria have
not been met in the final monitoring year, then monitoring shall be required for each consecutive year until two
annual sequential reports indicate that all criteria have been successfully satisfied.
8. All stream compensation monitoring reports shall be submitted in accordance with 9 VAC 25- 690 -100 Part II E 6.
E. Reporting.
1. Written communications required by this VWP general permit shall be submitted to the appropriate DEQ office.
The VWP general permit authorization number shall be included on all correspondence.
2. DEQ shall be notified in writing at least 10 days prior to the start of construction activities at the first permitted
site authorized by this VWP general permit authorization so that inspections of the project can be planned, if deemed
necessary by DEQ. The notification shall include a projected schedule for initiation and completion of work at each
permitted impact area.
3. Construction monitoring reports shall be submitted to DEQ no later than the 10th day of the month following the
month in which the monitoring event specified in Part II B takes place, unless otherwise specified below. The
reports shall include the following, as appropriate:
a. For each permitted impact area, a written narrative stating whether work was performed during the
monitoring period, and if work was performed, a description of the work performed, when the work was
initiated, and the expected date of completion.
b. Photographs labeled with the permit number, the photo station number, the photo orientation, the date
and time of the photo, the name of the person taking the photograph, and a brief description of the
construction activities. The first construction monitoring report shall include the photographs taken at each
impact site prior to initiation of construction in a permitted impact area. Written notification and
photographs demonstrating that all temporarily disturbed wetland and stream areas have been restored in
compliance with the permit conditions shall be submitted within 30 days of restoration. The post-
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construction photographs shall be submitted within 30 days of documenting post - construction conditions.
c. Summary of activities conducted to comply with the permit conditions.
d. Summary of permit noncompliance events or problems encountered, subsequent notifications, and
corrective actions.
e. Summary of anticipated work to be completed during the next monitoring period, and an estimated date
of construction completion at all impact areas.
f. Labeled site map depicting all impact areas and photo stations.
4. DEQ shall be notified in writing within 30 days following the completion of all activities in all permitted impact
areas authorized under this permit.
5. DEQ shall be notified in writing at least 10 days prior to the initiation of activities at the compensation site. The
notification shall include a projected schedule of activities and construction completion.
6. All compensation monitoring reports shall be submitted annually by December 31, with the exception of the last
year of authorization, in which case the report shall be submitted at least 60 days prior to expiration of authorization
under the general permit.
a. All wetland compensation monitoring reports shall include, as applicable, the following:
(1) General description of the site including a site location map identifying photo stations,
vegetative and soil monitoring stations, monitoring wells, and wetland zones.
(2) Summary of activities completed during the monitoring year, including alterations or
maintenance conducted at the site.
(3) Description of monitoring methods.
(4) Analysis of all hydrology information, including monitoring well data, precipitation data, and
gauging data from streams or other open water areas, as set forth in the final compensation plan.
(5) Evaluation of hydric soils or soils under hydric conditions, as appropriate.
(6) Analysis of all vegetative community information, including woody and herbaceous species,
both planted and volunteers, as set forth in the final compensation plan.
(7) Photographs labeled with the permit number, the name of the compensation site, the photo
station number, the photograph orientation, the date and time of the photograph, the name of the
person taking the photograph, and a brief description of the photograph subject. This information
shall be provided as a separate attachment to each photograph, if necessary. Photographs taken
after the initial planting shall be included in the first monitoring report after planting is complete.
(8) Discussion of wildlife or signs of wildlife observed at the compensation site.
(9) Comparison of site conditions from the previous monitoring year and reference site.
(10) Discussion of corrective measures or maintenance activities to control undesirable species, to
repair damaged water control devices, or to replace damaged planted vegetation.
(11) Corrective action plan, which includes proposed actions, a schedule, and monitoring plan.
b. All stream compensation monitoring reports shall include, as applicable, the following:
(1) General description of the site including a site location map identifying photo stations and
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monitoring stations.
(2) Summary of activities completed during the monitoring year, including alterations or
maintenance conducted at the site.
(3) Description of monitoring methods.
(4) An evaluation and discussion of the monitoring results in relation to the success criteria and
overall goals of compensation.
(5) Photographs shall be labeled with the permit number, the name of the compensation site, the
photo station number, the photograph orientation, the date and time of the photograph, the name of
the person taking the photograph, and a brief description of the photograph subject. Photographs
taken prior to compensation site construction activities, during instream and riparian restoration
activities, and within one week of completion of activities shall be included in the first monitoring
report.
(6) A discussion of alterations, maintenance, or major storm events resulting in significant change
in stream profile or cross section, and corrective actions conducted at the stream compensation
site.
(7) Documentation of undesirable plant species and summary of abatement and control measures.
(8) A summary of wildlife or signs of wildlife observed at the compensation site.
(9) Comparison of site conditions from the previous monitoring year and reference site, and as-
built survey, if applicable.
(10) A corrective action plan, which includes proposed actions, a schedule and monitoring plan.
(11) Additional submittals that were approved by DEQ in the final compensation plan.
7. The permittee shall notify DEQ in writing when unusual or potentially complex conditions are encountered which
require debris removal or involve potentially toxic substance. Measures to remove the obstruction, material, or toxic
substance or to change the location of a structure are prohibited until approved by DEQ.
8. The permittee shall report fish kills or spills of oil or fuel immediately upon discovery. If spills or fish kills occur
between the hours of 8:15 a.m. to 5 p.m., Monday through Friday, the appropriate DEQ regional office shall be
notified; otherwise, the Department of Emergency Management shall be notified at 1- 800 - 468 -8892.
9. Violations of state water quality standards shall be reported within 24 hours to the appropriate DEQ office.
10. Submittals required by this VWP general permit shall contain the following signed certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violation."
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Part III. Conditions Applicable to All VWP General Permits
A. Dutv to comply.
The permittee shall comply with all conditions of the VWP general permit. Nothing in this VWP general permit shall be
construed to relieve the permittee of the duty to comply with all applicable federal and state statutes, regulations, and toxic
standards and prohibitions. VWP general permit noncompliance is a violation of the Clean Water Act and State Water
Control Law, and is grounds for enforcement action, VWP general permit authorization termination for cause, VWP general
permit authorization revocation, or denial of a continuation of coverage request.
B. Duty to mitigate.
The permittee shall take all reasonable steps to minimize or prevent impacts in violation of the VWP general permit which
may have a reasonable likelihood of adversely affecting human health or the environment.
C. Reopener.
This VWP general permit authorization may be reopened to modify its conditions when the circumstances on which the
previous VWP general permit authorization was based have materially and substantially changed, or special studies
conducted by the board or the permittee show material and substantial change since the time the VWP general permit
authorization was issued and thereby constitute cause for VWP general permit authorization revocation and reissuance.
D. Compliance with state and federal law.
Compliance with this VWP general permit constitutes compliance with the VWP permit requirements of the State Water
Control Law. Nothing in this VWP general permit shall be construed to preclude the institution of any legal action under or
relieve the permittee from any responsibilities, liabilities, or other penalties established pursuant to any other state law or
regulation or under the authority preserved by § 510 of the Clean Water Act.
E. Property rights.
The issuance of this VWP general permit does not convey property rights in either real or personal property, or exclusive
privileges, nor does it authorize injury to private property or invasion of personal property rights, nor infringement of federal,
state or local laws or regulations.
F. Severability.
The provisions of this VWP general permit authorization are severable.
G. Right of entry.
The permittee shall allow the board or its agents, upon the presentation of credentials, at reasonable times and under
reasonable circumstances to enter the permittee's property, public or private, and have access to, inspect and copy records that
must be kept as part of the VWP general permit conditions; to inspect facilities, operations or practices (including monitoring
and control equipment) regulated or required under the VWP general permit; and to sample or monitor any substance,
parameter or activity for the purpose of assuring compliance with the conditions of the VWP general permit or as otherwise
authorized by law. For the purpose of this section, the time for inspection shall be deemed reasonable during regular business
hours. Nothing contained herein shall make an inspection time unreasonable during an emergency.
H. Transferability of VWP general permit authorization.
This VWP general permit authorization may be transferred to another person by a permittee when all of the criteria listed
below are met. On the date of the VWP general permit authorization transfer, the transferred VWP general permit
authorization shall be as fully effective as if it had been issued directly to the new permittee.
1. The current permittee notifies the board of the transfer of the title to the facility or property.
2. The notice to the board includes a written agreement between the current and new permittees containing a specific
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date of transfer of VWP general permit authorization responsibility, coverage and liability to the new permittee, or
that the current permittee will retain such responsibility, coverage or liability, including liability for compliance with
the requirements of enforcement activities related to the permitted activity.
3. The board does not notify the current and new permittees of its intent to modify or revoke and reissue the VWP
general permit authorization within 15 days.
I. Notice of planned change.
Authorization under the VWP general permit may be modified subsequent to issuance in one or more of the cases listed
below. A notice of planned change is not required if the project results in additional temporary impacts to surface waters,
provided that DEQ is notified in writing, the additional temporary impacts are restored to preexisting conditions in
accordance with Part I C 11 of this general permit, and the additional temporary impacts do not exceed the general permit
threshold for use. The permittee shall notify the board in advance of the planned change, and the planned change request will
be reviewed according to all provisions of this regulation.
1. The permittee determines that additional permanent wetland, open water, or stream impacts are necessary,
provided that the additional impacts are associated with the previously authorized activities in authorized locations
within the same phase of development, the cumulative increase in acreage of wetland or open water impacts is not
greater than 1/4 acre, the cumulative increase in stream bed impacts is not greater than 100 linear feet, and the
additional impacts are fully compensated.
2. The project results in less wetland or stream impacts, in which case, compensation requirements may be modified
in relation to the adjusted impacts at the request of the permittee, provided that the adjusted compensation meets the
initial authorization compensation goals.
3. There is a change in the project plans that does not result in a change in project impacts.
4. There is a change in the mitigation bank at which credits are purchased or used, provided that the same amount of
credits are purchased or used and all criteria for use are met, as detailed in 9 VAC 25- 210 -116 E.
5. Typographical errors need to be corrected.
J. VWP general permit authorization termination for cause.
This VWP general permit authorization is subject to termination for cause by the board after public notice and opportunity
for a hearing. Reasons for termination for cause are as follows:
1. Noncompliance by the permittee with any condition of the VWP general permit authorization;
2. The permittee's failure in the application or during the VWP general permit authorization issuance process to
disclose fully all relevant facts or the permittee's misrepresentation of any relevant facts at any time;
3. The permittee's violation of a special or judicial order; and
4. A determination that the permitted activity endangers human health or the environment and can be regulated to
acceptable levels by a VWP general permit authorization planned change or termination for cause.
K. VWP general permit authorization termination by consent.
This VWP general permit authorization may be terminated by consent when all permitted activities requiring notification
under 9 VAC 25- 690 -50 A and all compensatory mitigation have been completed or when the authorized impacts will not
occur. The permittee shall submit a request for termination by consent within 30 days of project completion or project
cancellation. When submitted for project completion, the termination by consent shall constitute a notice of completion in
accordance with 9 VAC 25- 210 -130. The director may accept this termination of authorization on behalf of the board. The
request for termination by consent shall contain the following information:
1. Name, mailing address and telephone number of the permittee;
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2. Name and location of the activity;
3. The VWP permit authorization number; and
4. One of the following certifications:
a. For project completion:
"I certify under penalty of law that all activities and any required compensatory mitigation authorized by a
VWP general permit have been completed. I understand that by submitting this notice of termination I am
no longer authorized to perform activities in surface waters in accordance with the VWP general permit,
and that performing activities in surface waters is unlawful where the activity is not authorized by a VWP
permit. I also understand that the submittal of this notice does not release me from liability for any
violations of this VWP general permit authorization."
b. For project cancellation:
"I certify under penalty of law that the activities and any required compensatory mitigation authorized by
this VWP general permit will not occur. I understand that by submitting this notice of termination I am no
longer authorized to perform activities in surface waters in accordance with the VWP general permit, and
that performing activities in surface waters is unlawful where the activity is not authorized by a VWP
permit. I also understand that the submittal of this notice does not release me from liability for any
violations of this VWP general permit authorization, nor does it allow me to resume the permitted activities
without reapplication and reauthorization."
c. For events beyond permittee control, the permittee shall provide a detailed explanation of the events, to
be approved by DEQ, and the following certification statement:
"I certify under penalty of law that the activities or the required compensatory mitigation authorized by a
VWP general permit have changed as the result of events beyond my control (see attached). I understand
that by submitting this notice of termination I am no longer authorized to perform activities in surface
waters in accordance with the VWP general permit, and that performing activities in surface waters is
unlawful where the activity is not authorized by a VWP permit. I also understand that the submittal of this
notice does not release me from liability for any violations of this VWP general permit authorization, nor
does it allow me to resume the permitted activities without reapplication and reauthorization."
L. Civil and criminal liabilitv.
Nothing in this VWP general permit shall be construed to relieve the permittee from civil and criminal penalties for
noncompliance.
M. Oil and hazardous substance liability.
Nothing in this VWP general permit shall be construed to preclude the institution of legal action or relieve the permittee from
any responsibilities, liabilities, or penalties to which the permittee is or may be subject under § 311 of the Clean Water Act or
§§ 62.1- 44.34:14 through 62.1- 44.34:23 of the State Water Control Law.
N. Duty to cease or confine activity.
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the
activity for which a VWP permit has been granted in order to maintain compliance with the conditions of the VWP permit.
O. Duty to provide information.
1. The permittee shall furnish to the board any information which the board may request to determine whether cause
exists for modifying, revoking and reissuing and terminating the VWP permit authorization, or to determine
compliance with the VWP permit authorization. The permittee shall also furnish to the board, upon request, copies
of records required to be kept by the permittee.
2. Plans, maps, conceptual reports and other relevant information shall be submitted as required by the board prior to
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commencing construction.
P. Monitoring and records requirements.
1. Monitoring of parameters, other than pollutants, shall be conducted according to approved analytical methods as
specified in the VWP permit. Analysis of pollutants will be conducted according to 40 CFR Part 136 (2000),
Guidelines Establishing Test Procedures for the Analysis of Pollutants.
2. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
3. The permittee shall retain records of all monitoring information, including all calibration and maintenance records
and all original strip chart or electronic recordings for continuous monitoring instrumentation, copies of all reports
required by the VWP permit, and records of all data used to complete the application for the VWP permit, for a
period of at least three years from the date of the expiration of a granted VWP permit. This period may be extended
by request of the board at any time.
4. Records of monitoring information shall include, as appropriate:
a. The date, exact place and time of sampling or measurements;
b. The name of the individuals who performed the sampling or measurements;
c. The date and time the analyses were performed;
d. The name of the individuals who performed the analyses;
e. The analytical techniques or methods supporting the information such as observations, readings,
calculations and bench data used;
f. The results of such analyses; and
g. Chain of custody documentation.
Q. Unauthorized discharge of pollutants.
Except in compliance with this VWP general permit, it shall be unlawful for the permittee to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances;
2. Excavate in a wetland;
3. Otherwise alter the physical, chemical, or biological properties of state waters and make them detrimental to the
public health, to animal or aquatic life, to the uses of such waters for domestic or industrial consumption, for
recreation, or for other uses; or
4. On and after October 1, 2001, conduct the following activities in a wetland:
a. New activities to cause draining that significantly alters or degrades existing wetland acreage or
functions;
b. Filling or dumping;
c. Permanent flooding or impounding; or
d. New activities that cause significant alteration or degradation of existing wetland acreage or functions.
DEPARTMENT OF THE ARMY
NORFOLK DISTRICT CORPS OF ENGINEERS
- FORT NORFOLK GI FRONT STREET
NORFOLK, VIRGINIA 23510 -1096
CENAO -WRR
REGIONAL PROGRAMATIC GENERAL PERMIT
12- SPGP -01
Effective Date: May 31, 2012
Expiration Date: May 31, 2017
I. AUTHORITIES: 12- SPGP -01 authorizes the discharge of dredged or fill material in nontidal
waters, of the United States, including wetlands, associated with certain residential, commercial,
and institutional developments and linear transportation projects within the geographical limits
of the Commonwealth of Virginia and under the regulatory jurisdiction of the U.S. Army Corps
of Engineers, Norfolk District (Corps or Norfolk District). These projects must have no more
than minimal individual and cumulative impacts and must meet all the terms and conditions
outlined herein. The use of 12- SPGP -01 is restricted to those projects that have avoided and
minimized impacts to waters of the U.S., including wetlands, to the maximum extent practicable.
The people of the Commonwealth of Virginia (Virginia or "the Commonwealth ") are hereby
authorized by the Secretary of the Army and the Chief of Engineers, pursuant to Section 10 of
the Rivers and Harbors Act of 1899 (33 U.S.C. § 403) and Section 404 of the CWA (33 U.S.C. §
1344), to perform the aforementioned work in nontidal waters and wetlands of the
Commonwealth as described herein. The Corps' authority and guidance to develop general
permits is contained in 33 U.S.C. § 1344(e) and 33 C.F.R. § 325.2(e)(2), 33 C.F.R. § 325.3(b),
and Corps Regulatory Guidance Letter 83 -7.
II. PROCEDURES:
A. Delineation Confirmations: Prior to the submission of an application for any
Residential, Commercial, or Institutional Development Activity or Linear Transportation
Activity covered by 12- SPGP -01, a proponent must first obtain a confirmed delineation of all
waters of the U.S., including wetlands, and Virginia state surface waters on the property. The
applicant will contact the Corps to obtain a delineation confirmation. A confirmed delineation is
not required for Virginia Department of Transportation (VDOT) linear transportation projects
(these projects must adhere to separate, but similar, procedures). When appropriate a delineation
confirmation may also be required from the Environmental Protection Agency (EPA).
B. Application: Applicants must use the newest version of Joint Permit Applications
(JPAs) and submit these applications to the Virginia Marine Resources Commission (VMRC).
The applicable Virginia Water Protection (VWP) permit regulations define the information
required for a complete VWP permit application (see 9 VAC 25- 210 -80, 9 VAC 25- 660 -50, 9
VAC 25- 670 -50, 9 VAC 25- 680 -50, and 9 VAC 25- 690 -50). This information, plus a confirmed
delineation from the Corps with associated map(s) and data sheets, will be required to render an
application complete for 12- SPGP -01 purposes. VDOT will submit the Inter- Agency
Coordination Meeting JPA or the VDOT Reporting Only Spreadsheet. A joint permit application
may be obtained through the following link:
http:// www .nao.usace.army.mil/Reg-ulatoiy Branch/JPA.asp
C. State Approvals: In order for 12- SPGP -01 to be valid, permittees must obtain the
following state approvals prior to commencement of work in waters of the U.S.:
1. Virginia Department of Environmental Quality (VDEQ) VWP permit and
2. VMRC permit, when required
For the purpose of resolving non - compliance and/or enforcement actions the 12- SPGP -01 may
be issued or modified in conjunction with a VDEQ informal resolution, letter of agreement,
executive compliance agreement or consent order. Authorizations under 12- SPGP -01 also
require that permittees ensure that their projects are designed and constructed in a manner
consistent with all state and local requirements pursuant to the Chesapeake Bay Preservation Act
(Virginia Code 10.1 -2100 et seq.) and the Chesapeake Bay Preservation Area Designation and
Management Regulations (9 VAC 10 -20 -10 et seq.), the Virginia Erosion and Sediment Control
Regulations (4 VAC 30 -50 -10 et seq.), and the Virginia Stormwater Management Program
(VSMP) Permit Regulation (4 VAC 50 -60 -10 et seq.). Authorizations under 12- SPGP -01 do not
supersede state or local government authority or responsibilities pursuant to the Act.
D. Defmitions:
a. For purposes of 12- SPGP -01, "loss" of waters of the U.S., including wetlands, shall
be defined as filling (including placement of pipes or other water conveyances in waters) and
other permanent adverse effects, including mechanized landclearing, permanent conversion,
excavation (including channelization), flooding, draining, etc. The acreage/linear footage of loss
of waters of the U.S. is the threshold measurement of the impact to existing waters, including
wetlands, for determining whether a project may qualify for 12- SPGP -01; it is not a net threshold
that is calculated after considering compensatory mitigation that may be used to offset losses of
aquatic functions and values.
b. For purposes of 12- SPGP -01, "natural stream design" means that the channel should
mimic the dimension, pattern, and profile of a representative reference stream reach.
c. For purposes of 12- SPGP -01, VDEQ is the state agency responsible for ensuring
permit applications meet the informational and technical requirements of the 12- SPGP -01 and
for issuance of 12- SPGP -01 authorizations for qualifying Residential, Commercial, Institutional
and Linear Transportation projects.
d. For purposes of 12- SPGP -01, the "permittee" will be the responsible party in receipt
of the 12- SPGP -01 authorization from the VDEQ. The permittee will be the responsible party for
complying with all 12- SPGP -01 general conditions as well as any additional special conditions
required of each project.
e. For purposes of 12- SPGP -01, "lateral encroachment" is when a road, utility or other
project encroaches into waters of the U.S., including wetlands, but does not cross the resource
perpendicularly or diagonally.
III. AUTHORIZED ACTIVITIES
A. Residential, Commercial, and Institutional Development Activities:
a. Eligibility Criteria:
i. Activities are subject to Corps jurisdiction;
ii. Activity involves the discharge of dredged or fill material associated with
residential, commercial, and institutional projects causing the permanent loss of not more than
one acre of nontidal wetlands or open waters or the permanent loss of not more than 2,000 linear
feet of stream channel, unless otherwise excluded by 12- SPGP -01;
iii. Activity meets the general conditions of 12- SPGP -01 listed on pages 7 -14 and any
special conditions required of each project- specific authorization;
iv. Compensatory mitigation is provided in accordance with the mitigation standards
and general conditions on pages 10 -11; and
V. Discharges associated with residential, commercial, and institutional development
activities include those outlined in the VDEQ's General Permits (see 9 VAC 25 -660 et seq., 9
VAC 25 -670 et seq., 9 VAC 25 -680 et seq., and 9 VAC 25 -690 et seq.) and are associated with
the construction or expansion of residential, commercial, or institutional building foundations,
building pads, and attendant features that are necessary for the use and maintenance of the
structures. Attendant features may include, but are not limited to, roads, parking lots, garages,
yards, utility lines, stormwater management facilities, and recreational facilities such as
playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the
residential development). Residential developments include multiple and single unit
developments. Commercial developments include retail stores, industrial facilities, restaurants,
business parks, and shopping centers. Institutional developments include schools, fire stations,
government office buildings, judicial buildings, public works buildings, libraries, hospitals, and
places of worship. For residential, commercial, and institutional developments, the aggregate
permanent loss of waters of the U.S. cannot exceed one acre of nontidal wetlands or open water;
or 2,000 linear feet of stream.
vi. Residential, commercial, or institutional developments are consistent with the
Corps' subdivision guidance dated March 15, 1993 and June 2, 1999, the Corps' and VDEQs'
joint subdivision guidance dated June, 2007 and/or any subsequent guidance that supersedes or
supplements those documents.
b. Federal Screening Procedures:
i. All residential, commercial, and institutional development activities that will
cause or result in impacts to tidal waters, including wetlands, and/or permanent impacts that
exceed 1/2 acre of non -tidal wetlands or open waters and/or exceed 300 linear feet of stream
channel will be coordinated with the Corps, the U.S. Environmental Protection Agency (EPA),
and the U.S. Fish and Wildlife Service (FWS) for federal review.
ii. If EPA or FWS determines that there are project- specific concerns regarding
avoidance and/or minimization of impacts to the aquatic environment or concerns regarding the
amount and/or type of compensatory mitigation being proposed, the applicant will be required to
address those concerns. If the concerns are not addressed to the satisfaction of the objecting
agency(ies), the Corps District Commander may exert his/her discretionary authority to require
the project to be processed under the Corps' individual permit process.
iii. Any Corps' concerns shall be relayed to the VDEQ and addressed during the
VDEQ permitting process. If concerns are not satisfied through that process, the Corps District
Commander may exert his/her discretionary authority to require the project to be processed
under an alternate Corps permitting process, possibly as an individual permit.
B. Linear Transportation Activities:
a. Eligibilitv Criteria:
i. Activities are subject to Corps jurisdiction;
ii. Activities involve the discharge of dredged or fill material associated with the
construction, expansion, modification, or improvement of linear transportation projects not
causing the permanent loss of more than 1/3 acre of waters of the U.S., including wetlands, at
any single impact site with independent utility, unless otherwise excluded by 12- SPGP -01;
iii. Activity meets all general conditions of 12- SPGP -01 listed on pages 7 -14 and any
special conditions required of each project - specific authorization;
iv. Compensatory mitigation is provided for all unavoidable impacts to wetlands;
V. Compensatory mitigation is provided for all unavoidable stream impacts where
total permanent impacts exceed 300 linear feet of stream channel (or mitigation for any lower
level of impact if it is determined that it is necessary to ensure that a project's impacts are
minimal in nature) in accordance with the mitigation standards general condition on pages 10 -11.
Stream relocation using natural stream design may be considered self - mitigating, as determined
on a case -by -case basis;
vi. Lateral encroachments may be authorized by the 12- SPGP -01 if the project meets
the following criteria:
1. Impacts due to all project lateral encroachments, including stream relocations,
do not exceed 1/3 acre of waters of the United States or 2,000 linear feet of stream channel;
2. Total project lateral encroachments do not cause the permanent loss of more
than 300 linear feet of stream channel due to the installation of piping, riprap, concrete, etc;
3. All project lateral encroachments exceeding 300 linear feet of stream channel
are performed using natural stream design (unless waived in writing); and
4. Impacts due to lateral encroachment(s), new alignment projects and/or
projects that impact the same aquatic resources multiple times will be considered cumulative for
the entire project regardless of whether segments of that project may have independent utility;
vii. Discharges associated with linear transportation projects include the construction,
expansion, modification, or improvement of highways, roads, railways, trails, and airport
runways and taxiways. Construction and/or relocation of utility lines within the right -of-
way /easements of the project and performed in direct relation with the project are covered under
this activity, with impacts counting toward permit thresholds.
b. Federal Screening Procedures:
L All linear transportation activities involving permanent impacts that exceed 300
linear feet of stream channel at any single impact area OR containing multiple single and
complete impact areas on the same project that additively exceed 1/3 acre of impact to waters of
the United States, including wetlands and/or exceed 300 linear feet of stream channel (lateral or
crossing impact) will be reviewed by the Corps, the EPA, and the FWS.
ii. If EPA or FWS determines that there are project specific concerns regarding
avoidance and/or minimization of impacts to the aquatic environment or the amount and/or type
of compensatory mitigation being proposed, the applicant will be required to address those
concerns. If the concerns are not addressed to the satisfaction of the objecting agency(ies), the
Corps District Commander may exert his/her discretionary authority to require the project to be
processed under the Corps' individual permit process.
iii. Any Corps' concerns shall be relayed to the VDEQ and addressed during the
VDEQ permitting process. If concerns are not satisfied through that process, the Corps District
Commander may exert his/her discretionary authority to require the project to be processed
under an alternate Corps permitting process.
c. VDOT Reporting -Only Procedures: VDOT may report by spreadsheet on a
monthly basis to the VDEQ those VDOT projects meeting the following eligibility criteria:
i. Permanent impacts do not exceed 1 /10 acre of waters of the United States, including
wetlands; the definition of independent utility must be applied when determining permanent
impact totals;
ii. Section 7 — Endangered Species Act Review has been completed, includes FWS
concurrence with findings, if needed;
iii. Section 106 finding of "No Effect" has been reviewed and approved by the VDEQ-
Cultural Resource Specialist; and
iv. For projects with cumulative impacts exceeding 3 00 linear feet of stream channel, a
pre- coordination email will be sent to the Corps with a project description, impacts, topographic
quadrangle and photos. The VDEQ and VDOT Central Office will be copied on the email. If the
Corps concurs that project can be included on the spreadsheet, VDOT will include the Corps
concurrence email with the spreadsheet submittal. No additional Norfolk District review will be
required. If the Corps does not concur that project can be included on the spreadsheet, VDOT
will submit a JPA through its interagency coordination meeting and will include the Corps'
response email in the application.
C. Exclusions from Coverage: The following activities and resources areas are excluded
from coverage by 12- SPGP -0 1 and require different types of Corps permits:
a. Conversion of waters and/or wetlands for agricultural production and agriculture -
related activities (crop fields or pasture); farm buildings; grain storage facilities; grassed
waterways; low water crossings; impoundments for irrigation, livestock watering, and fire
prevention purposes; animal feeding operations; waste storage facilities; and farm access roads;
b. Wetland areas composed of 10% or more of the following species (singly or in
combination) in any stratum: Atlantic white cedar (Chamaecyparis thyoides), bald cypress
(Taxodium distichum), water tupelo (Nyssa aquatica), or overcup oak (Quercus lyrata)
(Percentages may be based on stem counts, basal area, or percent aerial cover);
c. Wetland areas underlain by histosols (Histosols are organic soils that are often called
mucks, peats, or mucky peats. The list of histosols includes, but is not limited to, the following
soil series: Back Bay, Belhaven, Dorovan, Lanexa, Mattamuskeet, Mattan, Palms, Pamlico,
Pungo, Pocaty, and Rappahannock;
d. Placement of septic tanks (does not include alternate onsite sewer systems);
e. Residential gardening, lawn maintenance and landscaping;
f. Construction of extended - detention basins and enhanced extended - detention basins
designed, constructed, and maintained to function in accordance with the current Virginia
Department of Conservation and Recreation (DCR) standards for such facilities or local
standards that, at a minimum meet the DCR standards, unless the following requirements are
met:
i. The area within the entire basin and back - flooding limits are considered as
permanent impacts. For the purposes of the 12- SPGP -01, back - flooding limits are defined as
back - flooding that will not be released within 24 hours if the activity is east of I -95, or back -
flooding that will not be released within 48 hours if the activity is west of I -95.
ii. The proposed basins are attendant features associated with a "single and
complete" residential, commercial, institutional or linear transportation project;
g. Construction or maintenance of farm or stock ponds that do not fall under the
authority of the Virginia Soil and Water Conservation Board pursuant to Article 2 (§ 10.1 -604 et
seq.) of Chapter 6 pursuant to normal agricultural or silvicultural activities; and
h. Discharges of dredged or fill material associated with residential, commercial, and
institutional activities causing the permanent loss of more than one acre of nontidal wetlands or
open waters or waters or over 2,000 linear feet of stream channel.
IV. GENERAL CONDITIONS: The following conditions apply to all activities authorized
under 12- SPGP -01. Work that does not meet one or more of the terms and general conditions of
12- SPGP -01, including work that has been determined to be more than minimal in nature (at any
impact level), will require consideration under a different type of Corps permit.
1. Other permits. Authorization does not obviate the need to obtain other Federal, state, or
local authorizations required by law or to comply with all Federal, state, or local laws.
2. Minimal effects. Projects authorized shall have no more than minimal individual or
cumulative adverse environmental impacts, as determined by the Corps.
3. Discretionary authority. The Corps District Commander retains discretionary authority
to require processing of an individual permit based on concerns for the aquatic environment or
for any other factor of the public interest (33 C.F.R. § 320.4(a)). This authority is exercised on a
case -by -case basis.
4. Single and complete projects. 12- SPGP -01 shall only be applied to single and complete
projects. For purposes of 12- SPGP -01, a single and complete project means the total project
proposed or accomplished by one owner /developer or partnership and which has independent
utility. For linear transportation projects with multiple crossings or encroachments a
determination of "single and complete" will typically apply to each crossing of waters that
occurs (i.e., single waterbody and/or wetlands) at separate and distinct locations and with
independent utility. However, in cases where there are many crossings in close proximity,
numerous crossings of the same waterbody, multiple crossings, or multiple encroachments that
otherwise may have more than minimal individual or cumulative impacts; the Corps has the
discretion to consider all the crossings cumulatively as one single and complete project.
5. Independent utility. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi -phase
project that depend upon other phases of the project do not have independent utility. Phases of a
project that would be constructed even if the other phases were not built can be considered as a
separate, single and complete project with independent utility. For a linear transportation project,
separate impact areas on a new location roadway are not considered to have independent utility
thus impacts would be considered cumulatively and eligible for a single 12- SPGP -01
authorization. However, separate impact areas on a roadway that is being widened or where
pipes are being replaced at multiple crossings are considered to have independent utility, and
each crossing would be considered eligible for a separate 12- SPGP -01 authorization (impacts are
not considered cumulatively for permitting, but are considered cumulatively when assessing the
need for federal review).
6. Multiple general permit authorizations. The 12- SPGP -01 may be combined with other
Corps general permits (including Nationwide, Regional or Letters of Permission) as long as the
impacts are considered cumulatively and do not exceed the acreage limit or linear foot limits of
the 12- SPGP -01. Two separate activities (e.g., Activity A and B), within 12- SPGP -01, may be
combined as long as they do not exceed the acreage or linear footage threshold of the activity
with the highest specified acreage or linear footage threshold.
7. Permit on -site. The permittee shall ensure that a copy of 12- SPGP -01 and the
accompanying authorization letter are at the work site at all times. These copies must be made
available to any regulatory representative upon request. Although the permittee may assign
various aspects of the work to different contractors or sub - contractors, all contractors and sub-
contractors shall be expected to comply with all conditions of any 12- SPGP -01 authorization.
General Conditions Related to other federal laws or programs:
8. Historic Properties. Any activity authorized shall comply with Section 106 of the
National Historic Preservation Act. If the permittee, during construction or work authorized
herein, encounters a previously unidentified archaeological or other cultural resource, he /she
must immediately stop work and notify the Corps and the VDEQ of what has been found.
Coordination with the Virginia Department of Historic Resources will commence and the
permittee will subsequently be advised when he /she may recommence work.
9. Tribal Rights. No activity authorized may impair reserved tribal rights, including, but
not limited to, reserved water rights, treaty fishing and hunting rights.
10. Federal Lands. Authorized activities shall not impinge upon the value of any National
Wildlife Refuge, National Forest, National Park, or any other area administered by the FWS,
U.S. Forest Service, or National Park Service unless approval from the applicable land
management agency is provided with the permit application.
11. Endangered Species. No activity is authorized under this 12- SPGP - Olwhich may affect
a proposed/listed threatened or endangered species or proposed/listed critical habitat (as
identified under the Federal Endangered Species Act (ESA)), is likely to jeopardize the
continued existence of such species or which will destroy or adversely modify the critical habitat
of such species unless Section 7 consultation addressing the effects of the proposed activity has
been completed.
a. Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the VDEQ and Corps with the
appropriate documentation to demonstrate compliance with those requirements.
b. Non - federal permittees shall notify the VDEQ and Corps if any listed species or
designated critical habitat might be affected or is in the vicinity of the project, or if the project is
located in designated critical habitat, and shall not begin work on the activity until notified by the
VDEQ or Corps that the requirements of the ESA have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the USFWS at:
http: / /www.fws.gov/ northeast / virginiafield / endspecies /Project_Reviews.html and/or NOAA
Fisheries Habitat Conservation Division, P.O. Box 1346, 7580 Spencer Road, Gloucester Point,
VA 23062.
c. Section 7 coordination will be performed in accordance with the NAO ESA Review
Process. The applicant may not begin work until the VDEQ or Corps has notified them that the
Section 7 consultation has been completed.
d. As a result of formal or informal consultation with the FWS or NOAA Fisheries the
Corps District Commander may add species - specific regional endangered species conditions to
the 12- SPGP -01.
e. Authorization of an activity by 12- SPGP -01 does not authorize the "take" of a
threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the FWS or the NOAA Fisheries, both lethal and non - lethal "takes" of
protected species are in violation of the ESA.
12. Bald and Golden Eagle Protection Act. The bald eagle (Haliaeetus leucocephalus) is
no longer a federally listed threatened or endangered species; therefore, the Endangered Species
Act provisions are not applicable to this species. The Bald and Golden Eagle Protection Act
( BGEPA) does not require that a federal agency involved in permitting the proposed action
conduct coordination. The coordination under the BGEPA is the responsibility of the applicant.
The applicant should either obtain a FWS bald eagle take permit or a letter of concurrence from
FWS indicating that a permit is not necessary prior to initiating construction activities. You
should contact FWS concerning this matter at U.S. Fish and Wildlife Service, Virginia Field
Office, ATTN: Kim Smith, 6669 Short Lane, Gloucester, VA 23061. Information on active bald
eagle nests in the project area can be obtained via The Center for Conservation Biology (CCB)
Virginia Eagles Nest Locator: httn: / /www.ccb- wm.org /vir ing iaeagles /index.htm.
13. Wild and Scenic Rivers. Currently, there are no designated Wild and Scenic Rivers in
the Commonwealth of Virginia; however, the portion of the Upper New River from Glen Lyn,
Virginia to the West Virginia/Virginia state line was designated a "study river" by Congress on
October 26, 1992. No activity may occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a "study river" for possible inclusion in
the system, while the river is in an official study status, unless the appropriate Federal agency
with direct management responsibility for such river has determined, in writing, that the
proposed activity will not adversely affect the Wild and Scenic River designation or study status.
Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land
management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service). Impacts that occur in these resource areas will
require coordination with the appropriate Federal agency.
14. Department of Defense (DOD) Siting Clearinghouse Coordination. For all
commercial and institutional development projects that include the construction of wind energy
generating structures, solar towers, or overhead powerlines the VDEQ must coordinate the
project with the DOD Clearinghouse. The VDEQ will send a copy of the joint permit application
and SPGP authorization to the following address: Department of Defense Clearinghouse, Attn:
Mr. Marshal Williams and Mr. Davis Blalock, 101 Marietta St., NW, Suite 3120, Atlanta,
George 30303 or via email to: Frederick. m.williams2 8. civ(2mail.mil and
David. c.blalock2. civgmail. mil.
15. Federal navigation projects. Authorized activities may not interfere with any existing
or proposed Federal navigation projects.
16. Navigation. (a) No authorized activity may cause more than a minimal adverse effect on
navigation. (b) The permittee understands and agrees that if future operations by the United
States require the removal, relocation, or other alteration of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his /her authorized representative,
said structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the permittee will be required, upon due notice from the Corps, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal
or alteration.
17. Floodplains. All practicable efforts shall be made to conduct the work authorized by 12-
SPGP -01 in a manner so as to avoid any adverse impact on the Federal Emergency Management
Agency (FEMA) designated 100 -year floodplain.
18. Real estate. Activities authorized under 12- SPGP -01 do not grant any Corps or Federal
real estate rights. If real estate rights are needed from the Corps, you must contact the Corps Real
Estate Office at (75 7) 201 -7735 or at the address listed on the front page of this permit.
19. Environmental justice. Activities authorized under 12- SPGP -01 must comply with
Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority
Populations and Low - Income Populations ".
20. Federal liability. In issuing 12- SPGP -01, the Federal government does not assume any
liability for the following: (a) damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes; (b) damages to the permitted project
or uses thereof as a result of current or future activities undertaken by or on behalf of the United
States in the public interest; (c) damages to persons, property, or to other permitted or
10
unpermitted activities or structures caused by the activity authorized by 12- SPGP -01; (d) design
or construction deficiencies associated with the permitted work; (e) damage claims associated
with any future modification, suspension, or revocation of this permit.
General Conditions Related to Minimizing Environmental Impacts:
21. Avoidance and minimization. Except as provided under section 404(b)(2), no discharge
of dredged or fill material shall be permitted if there is a practicable alternative to the proposed
discharge which would have less adverse impact on the aquatic ecosystem, so long as the
alternative does not have other significant adverse environmental consequences. (40 CFR
230.10(a) Section 404 (b)(1) Guidelines).
22. Mitigation standards.
a. Wetland mitigation will generally be required for all residential, commercial, and
institutional development projects where the total permanent impacts exceed 1 /10 acre AND for
all impacts on linear transportation projects. Generally, the minimum required wetland
mitigation ratios will be as follows: 2:1 for forested wetlands, 1.5:1 for scrub -shrub wetlands, 1:
for herbaceous emergent wetlands, and 1:1 for conversion of forested wetlands to herbaceous
emergent wetlands. Mitigation for open waters impacts will be determined by the project
manager on a case -by -case basis. All wetland mitigation will comply with the Corps -EPA
Compensatory Mitigation for Losses of Aquatic Resources dated April 10, 2008 (33 CFR 325
and 332/40 CFR 230).
b. Stream mitigation will generally be required for all residential, commercial,
institutional developments AND linear transportation projects where the total permanent stream
channel impacts exceed 300 linear feet. Minimum stream mitigation requirements will be
determined using the current Corps and the VDEQ endorsed assessment methodology. All
stream mitigation will comply with Corps -EPA Compensatory Mitigation for Losses of Aquatic
Resources dated April 10, 2008 (33 CFR 325 and 332; 40 CFR 230).
c. For the purposes of the 12- SPGP -01, definitions for enhancement, establishment
(creation), preservation, and re- establishment will be consistent with the definitions listed in the
Corps -EPA Compensatory Mitigation for Losses of Aquatic Resources dated April 10, 2008 (33
CFR 325 and 332; 40 CFR 230).
d. Where local zoning ordinances provide for riparian and floodplain protection
pursuant to the Chesapeake Bay Preservation Act (Virginia Code 10.1 -2100 et seq.) and the
Chesapeake Bay Preservation Area Designation and Management Regulations(9 VAC 1 -20 et
seq. ), the use of buffers as a form of compensatory mitigation shall be allowed only (a) where the
extent of the buffer exceeds the lateral extent already required by local ordinances pursuant to
the Act and the regulations or (b) where the quality of the existing protected buffer area is
enhanced to provide greater water quality protection benefits.
23. Heavy equipment working in wetlands must be placed on mats, or other measures must
be taken to minimize soil disturbance.
11
24. Temporary fills. All temporarily disturbed waters and wetlands must be restored to their
pre - construction contours within 6 months of commencing the temporary impact's construction.
Impacts that will not be restored within 6 months (calculated from the start of the temporary
impacts construction) will be considered permanent unless otherwise approved by the 12 -SPGP-
01. Once restored to their natural contours, soil in these areas must be mechanically loosened to a
depth of 12 inches and wetland areas must be seeded or sprigged with appropriate native
vegetation.
25. Sedimentation and erosion control. Appropriate erosion and sediment controls must be
employed and maintained in effective operating condition during construction, and all exposed
soil and other fills, as well as any work below the ordinary high water mark, must be
permanently stabilized at the earliest practicable date.
26. Aquatic life movements. Following consultation with the Virginia Department of Game
and Inland Fisheries (DGIF), the Norfolk District has determined that fish and other aquatic
organisms are most likely present in any stream being crossed, in the absence of site - specific
evidence to the contrary. Although prospective permittees have the option of providing such
evidence, extensive efforts to collect such information is not encouraged, since countersinking
will in most cases be required with some exceptions as outlined below:
a. Pipes should be adequately sized to allow for the passage of ordinary high water with
the countersinking and invert restrictions taken into account.
b. All pipes and culverts placed in streams will be countersunk at both the inlet and
outlet ends, unless indicated otherwise by the Norfolk District on a case -by -case basis (see
below). Pipes that are 24" or less in diameter shall be countersunk 3" below the natural stream
bottom. Pipes that are greater than 24" in diameter shall be countersunk 6" below the natural
stream bottom. The countersinking requirement does not apply to bottomless pipes /culverts or
pipe arches. All single pipes or culverts (with bottoms) shall be depressed (countersunk) below
the natural streambed at both the inlet and outlet of the structure. In sets of multiple pipes or
culverts (with bottoms) at least one pipe or culvert shall be depressed (countersunk) at both the
inlet and outlet to convey low flows.
c. Extensions and certain maintenance: The requirement to countersink does not apply
to extensions of existing pipes or culverts that are not countersunk, or to maintenance to
pipes /culverts that does not involve replacing the pipe /culvert (such as repairing cracks, adding
material to prevent/correct scour, etc.).
d. Floodplain pipes: The requirement to countersink does not apply to pipes or culverts
that are being placed above ordinary high water, such as those placed to allow for floodplain
flows. The placement of pipes above ordinary high water is not jurisdictional (provided no fill is
discharged into wetlands).
e. Pipes on bedrock or above existing utility lines: Different procedures will be followed
for pipes or culverts to be placed on bedrock or above existing buried utility lines where it is not
12
practicable to relocate the lines, depending on whether the work is for replacement of an existing
pipe /culvert or a new pipe /culvert:
i. Replacement of an existing pipe /culvert: Countersinking is not required provided
the elevations of the inlet and outlet ends of the replacement pipe /culvert are no higher above the
stream bottom than those of the existing pipe /culvert. Documentation (photographic or other
evidence) must be maintained in the permittee's records showing the bedrock condition and the
existing inlet and outlet elevations. That documentation will be available to the Norfolk District
upon request, but notification or coordination with the Norfolk District is not otherwise required.
ii. Replacement in a new location: If the prospective permittee determines that
bedrock or an existing buried utility line that is not practicable to relocate prevents
countersinking, he /she should evaluate the use of a bottomless pipe /culvert, bottomless utility
vault, span (bridge) or other bottomless structure to cross the waterway, and also evaluate
alternative locations for the new pipe /culvert that will allow for countersinking. If the
prospective permittee determines that neither a bottomless structure nor an alternative location is
practicable, then he /she must submit a pre - construction notification (PCN) to the Norfolk District
in accordance with General Condition 31 of the NWPs. In addition to the information required
by General Condition 31, the prospective permittee must provide documentation of measures
evaluated to minimize disruption of the movement of aquatic life as well as documentation of the
cost, engineering factors, and site conditions that prohibit countersinking the pipe /culvert.
Options that must be considered include partial countersinking (such as less than 3" of
countersinking, or countersinking of one end of the pipe), and constructing stone step pools, low
rock weirs downstream, or other measures to provide for the movement of aquatic organisms.
The PCN must also include photographs documenting site conditions. The prospective permittee
may find it helpful to contact his/her regional fishery biologist for the Virginia Department of
Game and Inland Fisheries ( VDGIF), for recommendations about the measures to be taken to
allow for fish movements. When seeking advice from VDGIF, the prospective permittee should
provide the VDGIF biologist with all available information such as location, flow rates, stream
bottom features, description of proposed pipe(s), slopes, etc. Any recommendations from VDGIF
should be included in the PCN. The Norfolk District will notify the prospective permittee
whether the proposed work qualifies for the nationwide permit within 45 days of receipt of a
complete PCN. NOTE: Blasting of stream bottoms through the use of explosives is not
acceptable as a means of providing for countersinking of pipes on bedrock.
E Pipes on steep terrain: Pipes being placed on steep terrain (slope of 5% or greater) must
be countersunk in accordance with the conditions above and will in most cases be non - reporting.
It is recommended that on slopes greater than 5 %, a larger pipe than required be installed to
allow for the passage of ordinary high water in order to increase the likelihood that natural
velocities can be maintained. There may be situations where countersinking both the inlet and
outlet may result in a slope in the pipe that results in flow velocities that cause excessive scour at
the outlet and/or prohibit some fish movement. This type of situation could occur on the side of a
mountain where falls and drop pools occur along a stream. Should this be the case, or should the
prospective permittee not want to countersink the pipe /culvert for other reasons, he /she must
submit a Pre - Construction Notification to the Norfolk District in accordance with General
Condition 31 of the Nationwide Permits. In addition to the information required by General
13
Condition 31, the prospective permittee must provide documentation of measures evaluated to
minimize disruption of the movement of aquatic life as well as documentation of the cost,
engineering factors, and site conditions that prohibit countersinking the pipe /culvert. The
prospective permittee should design the pipe to be placed at a slope as steep as stream
characteristics allow, countersink the inlet 3 -6 ", and implement measures to minimize any
disruption of fish movement. These measures can include constructing a stone step /pool
structure, preferably using river rock/native stone rather than riprap, constructing low rock weirs
to create a pool or pools, or other structures to allow for fish movements in both directions. Stone
structures should be designed with sufficient -sized stone to prevent erosion or washout and
should include keying -in as appropriate. These structures should be designed both to allow for
fish passage and to minimize scour at the outlet. The quantities of fill discharged below ordinary
high water necessary to comply with these requirements (i.e., the cubic yards of stone, riprap or
other fill placed below the plane of ordinary high water) must be included in project totals. The
prospective permittee may find it helpful to contact his/her regional fishery biologist for the
Virginia Department of Game and Inland Fisheries (DGIF), for recommendations about the
measures to be taken to allow for fish movements. When seeking advice from DGIF, the
prospective permittee should provide the DGIF biologist with all available information such as
location, flow rates, stream bottom features, description of proposed pipe(s), slopes, etc. Any
recommendations from DGIF should be included in the PCN. The Norfolk District will notify
the prospective permittee whether the proposed work qualifies for the nationwide permit within
45 days of receipt of a complete PCN.
g. Problems encountered during construction: When a pipe /culvert is being replaced, and
the design calls for countersinking at both ends of the pipe /culvert, and during construction it is
found that the streambed/banks are on bedrock, then the permittee must stop work and contact
the Norfolk District (contact by telephone and/or email is acceptable). The permittee must
provide the Norfolk District with specific information concerning site conditions and limitations
on countersinking. The Norfolk District will work with the permittee to determine an acceptable
plan, taking into consideration the information provided by the permittee, but the permittee
should recognize that the Norfolk District could determine that the work will not qualify for a
nationwide permit.
h. Emergency pipe replacements: In the case of an emergency situation, such as when a
pipe /culvert washes out during a flood, a permittee is encouraged to countersink the replacement
pipe at the time of replacement, in accordance with the conditions above. However, if conditions
or timeframes do not allow for countersinking, then the pipe can be replaced as it was before the
washout, but the permittee will have to come back and replace the pipe /culvert and countersink it
in accordance with the guidance above. In other words, the replacement of the washed out pipe is
viewed as a temporary repair, and a countersunk replacement should be made at the earliest
possible date. The Norfolk District must be notified of all pipes /culverts that are replaced without
countersinking at the time that it occurs, even if it is an otherwise non - reporting activity, and
must provide the permittee's planned schedule for installing a countersunk replacement (it is
acceptable to submit such notification by email). The permittee should anticipate whether
bedrock or steep terrain will limit countersinking, and if so, should follow the procedures
outlined in (f) and/or (g) above.
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27. Discharge of pollutants. All authorized activities involving any discharge of pollutants
into waters of the United States shall be consistent with applicable water quality standards,
effluent limitations, standards of performance, prohibitions, and pretreatment standards and
management practices established pursuant to the CWA (33 U.S.C. § 1251 et seq.) and
applicable state and local laws. No discharge of dredged or fill material in association with this
authorization may consist of unsuitable material such as trash, debris, car bodies, asphalt, etc.
28. Obstruction of high flows. Discharges of dredged or fill material must not permanently
restrict or impede the passage of normal or expected high flows.
29. Waterbird breeding areas. Discharges of dredged or fill material into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
30. Native trout and anadromous fishes. Authorizations for discharges of dredged or fill
material into native trout waters or anadromous fish spawning areas are conditioned to limit in-
stream work within the timeframes recommended by the DGIF.
31. Water supply intakes. No discharge of dredged or fill material may occur in proximity
of a public water supply intake.
32. Invasive Species. Plant species on the most current Virginia Department of Conservation
and Recreation's Invasive Alien Plant List shall not be used for replanting activities authorized
by the SPGP. The list of invasive plants in Virginia may be found at:
http: / /www.dcr.virginia.gov /natural heritage /documents /invlist.pdf.
General Procedural Conditions:
33. Inspections. The permittee understands and agrees that the Corps and/or the VDEQ are
permitted and allowed to make periodic inspections at any time the Corps or VDEQ deems
necessary in order to assure that the activities being performed under authority of this permit are
in accordance with the terms and conditions prescribed herein. The Corps reserves the right to
require post - construction engineering drawings and/or surveys of any work authorized underl2-
SPGP -01, as deemed necessary on a case -by -case basis.
34. Maintenance. The permittee shall maintain the work authorized herein in good condition
and in conformance with all terms and conditions of this permit. All fills shall be properly
maintained to ensure public safety.
35. Property rights.12- SPGP -01 does not convey any property rights, either in real estate or
material, or convey any exclusive privileges, nor does it authorize any injury to property or
invasion of rights or any infringement of Federal, state, or local laws or regulations.
36. Modification, suspension, and revocation.12- SPGP -01 and individual
verificationsunderl 2-SPGP-0 I maybe either modified, suspended, or revoked in whole or in part
pursuant to the policies and procedures of 33 C.F.R. § 325.7. Any such action shall notbe the
basis for any claim for damages against the United States.
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37. Restoration directive. The permittee, upon receipt of a restoration directive, shall restore
the waters of the United States to their former conditions without expense to the United States
and as directed by the Secretary of the Army or his/her authorized representative. If the permittee
fails to comply with such a directive, the Secretary or his /her designee, may restore the waters of
the United States to their former conditions, by contract or otherwise, and recover the cost from
the permittee.
38. Special conditions. The Corps may impose other special conditions on a project
authorized pursuant to 12- SPGP -01 that are determined necessary to minimize adverse
navigational and/or environmental effects or based on any other factor of the public interest.
Failure to comply with all conditions of the authorization, including special conditions,
constitutes a permit violation and may subject the permittee, or his/her contractor, to criminal,
civil, or administrative penalties and/or restoration.
39. False or incomplete information. In granting authorization pursuant to this permit, the
Corps has relied upon information and data provided by the permittee. If, subsequent to
notification by the Corps or the VDEQ that a project qualifies for this permit, such information
and data prove to be materially false or materially incomplete, the Corps may suspend or revoke
authorization, in whole or in part, and/or the United States or Corps may institute appropriate
legal proceedings.
40. Abandonment. If the permittee decides to abandon the activity authorized underl2-
SPGP -01, unless such abandonment is merely the transfer of property to a third party, he /she
may be required to restore the area to the satisfaction of the Corps.
41. Transfer of authorization. In order to transfer authorization underl2- SPGP -01, the
transferee and permittee must supply the Corps and the VDEQ with a written and signed, by all
appropriate parties, request to make such a transfer. Such transfer is not effective until written
approval has been granted by the Corps or the VDEQ.
42. Binding effect. The provisions of the permit authorization shall be binding on any
assignee or successor in interest of the original permittee.
General Conditions Re2ardins Duration of Authorizations:
43. Duration of authorization. Activities authorized underl2- SPGP -01 must be completed
by May 31, 2017.
44. Time extensions. If a permittee is unable to complete the work authorized underl2-
SPGP -01 in the time limit provided in the initial authorization, he /she must submit a request for a
time extension to the Corps and the VDEQ for consideration at least one month prior to the
expiration of the permit authorization.
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45. Expiration ofl2- SPGP -01. Unless further modified, suspended, or revoked, 12 -SPGP-
01 will be in effect until May 31, 2017.Upon expiration, it may be considered for revalidation.
Activities which have commenced (i.e., are under construction) or are under contract to
commence construction in reliance upon 12- SPGP -01 will remain authorized provided the
activity is completed within twelve months of the date of this I2- SPGP -0I's expiration of May
31, 2017, unless discretionary authority has been exercised on a case -by -case basis to modify,
suspend, or revoke the authorization in accordance with 33 CFR 325.7(a -e).
Date
PAUL B. OLSEN, P.E.
Colonel, Corps of Engineers
Commanding
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