Environmental Frequently Asked Questions
What agencies issue permits for wetland and stream impacts? And do the regulatory agencies have to agree with one another?
Separate water quality permits from the USACE, VDEQ and VMRC are required for the project; each agency authorizes proposed activity within jurisdictional areas through issuance of their respective permit based on the adherence to respective regulations. The regulatory agencies typically share each other’s received comments, responses to those comments, and any additional evaluations, justifications and/or adjustments made to the design or permit application.
What is the duration of the legal notice for each agency? Can the legal notices be extended?
The public notice period is dictated by each permitting agency and neither VDOT nor the Design-Builder has the ability to change the duration. VMRC's public notice period is 15 days; VDEQ’s public notice period is 30 days; and USACE public notice period is also 30 days.
Do the agencies issue their permits at the same time?
No, the permitting agencies can issue their respective permits when they deem appropriate after review, comment and response (revision if necessary), and public notice period, barring any additional steps that may be necessary.
When do the permitting agencies release their public notices?
USACE, DEQ and VMRC are only required to release their public notice for a project if the impacts of the project cannot be covered under one of their general permits and instead require authorization under an individual permit. Once the agency is satisfied that due diligence has been adequately been performed with respect to the regulations, the agency will post legal notice or cause for legal notice to be posted to solicit comments from the public. The timing of the public notices is at the discretion of each regulatory agency.
Where can I find copy of the Permit Application?
You can find copy of the Permit Application on the VMRC web site.
Will there be any public meetings about the stream relocation before the permits are issued?
VDOT conducted two public information meetings on May 7 and 14, 2019. The design of the relocated stream channel was presented at the meetings. On September 24, 2019, VMRC Board Meeting conducted a public meeting in which parties in favor of and those who objected had the opportunity to present relevant information for consideration. Neither the USACE nor VDEQ held public meetings based on the comments they received on their 30-day public notices.