Current through Register Vol.. 38, No. 17, April 11, 2022
maximum fetch at the project site shall not exceed 1/2 mile in any shore angle
direction. Coarse sand should be utilized for any required fill. At a minimum
the sand shall contain less than 10% very fine material (passing a #100 sieve).
The sand shall not be placed in a manner that raises the elevation of any
existing wetland area above the elevation of jurisdictional tidal wetlands (1.5
times the mean tide range above mean low water).
B. Appropriate wetland vegetation shall be
planted in all wetland areas on which sand is placed where the resulting
substrate elevation is appropriate to support the growth of wetlands
vegetation. If deemed necessary to improve wetland habitat or resiliency,
existing wetlands vegetation may be filled provided the project does not result
in a net loss in aerial coverage of wetlands vegetation. Appropriate wetlands
vegetation includes only those species listed in the tidal wetlands ordinance
(§ 28.2-1302 of the Code of Virginia) that are anticipated to survive at
the project site elevation and normal salinity regime. The common reed,
Phragmites sp., shall not typically be considered appropriate wetlands
vegetation for planting purposes.
C. Fiber logs, fiber mats, and shell bags may
be utilized within the jurisdictional tidal wetland area to create a sill or to
otherwise support the growth of wetlands vegetation, provided they are not
placed on existing vegetation and are not stacked to a height that exceeds mean
high water. The bags, mats, and fiber logs shall be maintained and promptly
removed should they become displaced or unexpectedly damaged. If available,
appropriate biodegradable materials are encouraged. The replacement of failed
fiber logs, mats, or shell bags in the same location shall be allowed without
the need to receive additional authorization. Additional sand may be placed to
replace any lost sand or to adjust for substrate settlement, provided the
elevation of the originally proposed grade is not exceeded.
D. Temporary grazing protection may be
utilized to protect wetlands vegetation and ribbed mussels until they become
established. The protective structures shall be removed once the vegetation or
mussels are established. Such grazing protection is encouraged and should be
considered in the project design. Any requested grazing protection shall be
specified in the permit application.
E. The permittee agrees to notify the
commission upon completion of the project and to provide a brief monitoring
report at the end of the first full growing season following planting and after
the second year of establishment. The monitoring shall be undertaken between
June and September of each year and shall include at a minimum the permit
number, representative photos of the site, and a brief statement concerning the
success of the project. Additional documentation is encouraged to allow
improved evaluation of the techniques utilized.
F. Any vegetated wetlands established under
this general permit shall not be cut or harvested. Areas shall be replanted as
necessary to ensure there is at least no net loss of wetland vegetation within
the project area during the term of the permit. If necessary to promote the
establishment of wetlands vegetation, additional sand may be placed to restore
the originally proposed elevation grade.
G. Any measures taken to eradicate invasive
species at the project site associated with the living shoreline activity,
including Phragmites sp., shall be noted in the permit application or conducted
in accordance with a plan evaluated and approved by the appropriate wetlands
board or locality. Such plans shall include measures to revegetate the area
with appropriate native wetlands vegetation.
H. All activities undertaken in accordance
with the general permit are subject to the enforcement and penalty provisions
contained in Article 4 (§ 28.2-1316 et seq.) of Chapter 13 of Title 28.2
of the Code of Virginia. Failure to comply with any criteria or condition of
the general permit may constitute a violation of the permit.