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9VAC25-210-220. Waiver of VWP permit or 401 certification.

A. The board may waive permitting requirements when the board determines that a proposed project impacts an isolated wetland that is of minimal ecological value as defined in 9VAC25-210-10. Upon request by the board, any person claiming this waiver shall demonstrate to the satisfaction of the board that he qualifies for the waiver.

B. The board may waive the requirement for a VWP individual permit when the proposed activity qualifies for a permit issued by the U.S. Army Corps of Engineers and receives a permit from the Virginia Marine Resources Commission or wetlands boards, pursuant to Chapter 12 ( 28.2-1200 et seq.) or Chapter 13 ( 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia, and the activity does not impact instream flows.

C. The board shall not require coverage under a VWP general permit or a VWP individual permit when the proposed activity meets the exclusion set forth in subdivision 10 a of 9VAC25-210-60 regardless of the issuance of a permit by the U.S. Army Corps of Engineers.

Statutory Authority

62.1-44.15 of the Code of Virginia; 401 of the Clean Water Act (33 USC 1251 et seq.).

Historical Notes

Derived from VR680-15-02 4.5, eff. May 20, 1992; amended, Virginia Register Volume 17, Issue 21, eff. August 1, 2001; Volume 23, Issue 21, eff. July 25, 2007; Volume 25, Issue 5, eff. December 10, 2008; Volume 32, Issue 21, eff. August 2, 2016.

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