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Slide1: 

Community Involvement In Surface Water & Wetlands Protection

Various Agencies Are Involved: 

Various Agencies Are Involved JPA Submitted LWB USACE DEQ VMRC 28.2-1300 28.2-1200 CWA Section 404 62.1-44.15:5 VWPP Local Approvals Zoning, Conditional Use Permits, etc.

DEQ Regulatory Program - Virginia Water Protection Permits: 

DEQ Regulatory Program - Virginia Water Protection Permits All surface waters, including wetlands Activities covered: Excavation Permanent flooding or impounding Activities to cause draining or significant alteration or degradation of existing wetland acreage and function Filling or dumping

FACTORS FOR PERMIT ISSUANCE : 

FACTORS FOR PERMIT ISSUANCE Must avoid and minimize surface water impacts to maximum extent practicable Must consider cumulative impacts to water quality and fish and wildlife resources Must compensate for unavoidable impacts to achieve no net loss of wetland acreage and function; stream impacts also to be compensated

What is Practicable?: 

What is Practicable? “An alternative is practicable if it is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.”

Slide6: 

Compensatory Mitigation

Acceptable Compensatory Mitigation For Unavoidable Impacts: 

Acceptable Compensatory Mitigation For Unavoidable Impacts Creation Restoration Purchase of mitigation bank credits Contribution to approved In-Lieu Fee Fund Preservation of wetland or upland buffers

Mitigation Ratios: 

Mitigation Ratios 2:1 for forested wetlands 1.5:1 for scrub-shrub wetlands 1:1 for emergent wetlands 1:1 for streams Optional for other open waters Open Water Emergent Wetland-Foreground Scrub Shrub Wetland-Background Forested Wetland

Factors for Permit Denial: 

Factors for Permit Denial Violation of water quality standards or impairment of beneficial uses, Condemnation of shellfish waters, Failure to avoid & minimize, Insufficient/unsatisfactory mitigation, Permanent & negative impacts to trout waters Cause or contribute to significant impairment of state waters or fish and wildlife resources.

Make Your Input Count: 

Make Your Input Count Focus on issues under our purview Provide constructive comments Watch for public notices in the classifieds By law, PN occurs only after draft permit is developed In the newspaper only 1 time Comment period lasts 30 days Provide comments in writing

REMEMBER DEQ’s VWPP Program Does Not:: 

REMEMBER DEQ’s VWPP Program Does Not: Resolve zoning disputes Regulate land use Regulate traffic issues Regulate noise pollution Regulate public safety