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Virginia Coastal Program: 2004 Coastal Grant Project Description and Final Summary

Project Task:

FY2004 Task 93.08

Grantee:

Environmental Law Institute

Project Title:

Virginia Coastal Program Updates

Project Description as Proposed:

The Virginia Coastal Program (VCP) was fully approved by NOAA in 1986. Since program approval, 9 Routine Program Updates have been submitted and approved by NOAA in an effort to keep the core regulatory authorities of the Virginia Coastal Program up to date. In 2004, the Coastal Program contracted with the Environmental Law Institute (ELI) to draft Program Change packages for 4 core enforceable polices. The Coastal Program received comments back from NOAA on March 29, 2005 regarding those draft packages.
Under this project, ELI will:

(1) address NOAA’s comments on the draft packages submitted last year for Subaqueous Lands Management and the Virginia Water Protection Permit Program statutes and

(2) prepare additional draft program change packages for the Virginia Tidal Wetlands Act, Coastal Primary Sand Dune and Beaches Act and the compensatory mitigation regulations and policies for tidal wetlands.
Previous Section 309 funding supported projects to analyze and develop recommendations for improving Dunes and Wetlands policies in Virginia. The Program Change for the compensatory mitigation policies will incorporate policies developed through Section 309 funding. The Program Change for the Coastal Primary Sand Dune and Beaches Act will bring the statute up to date in preparation for future changes as a result of Coastal Program funded studies.
ELI will identify and explain the enforceable mechanisms in the statutes and regulations that will be included in the program change submissions. ELI will prepare the submission in a format and content suitable to NOAA, in conformance with OCRM Program Change Guidance and Regulations at 15 CFR 923 by requesting feedback from NOAA throughout the project period. However, ELI is not acting as legal counsel to the Commonwealth.

During this process, ELI will consult regularly with the Virginia Coastal Program and NOAA to ensure that the process is on track and that the submissions will be suitable to both the Virginia Coastal Program and NOAA.

Federal Funding:

$20,000

Project Contact:

Laura McKay, 804/698-4323; Laura.McKay@deq.virginia.gov

Project Status:

Grant Closed

Final Product Received:

Project Summary Provided by Grantee:

The Environmental Law Institute prepared detailed responses to NOAA’s preliminary review of proposed Routine Program Changes to Virginia’s Subaqueous Land Management Program, and revised the narrative and tabular descriptions of the Routine Program Changes. 


The Environmental Law Institute prepared detailed responses to NOAA’s preliminary review of proposed Routine Program Changes to Virginia’s Water Protection Permit Program Statutes, and revised the narrative and tabular descriptions of the Routine Program Changes.


The Environmental Law Institute prepared updated proposed Routine Program Changes to Virginia’s Water Protection Permit Program regulations to reflect regulatory changes made since September 2004, and revised the narrative and tabular descriptions of the Routine Program Changes.


The Environmental Law Institute reviewed statutory and program changes to the Coastal Primary Sand Dunes and Beaches Act, and prepared a narrative and tabular description to support approval by NOAA as a proposed Routine Program Change.


The Environmental Law Institute reviewed statutory and program changes to the Tidal Wetlands Act, and prepared a narrative and tabular description to support approval by NOAA as a proposed Routine Program Change.


The Environmental Law Institute reviewed the Tidal Wetlands Act Compensatory Mitigation Regulation and Policy, and prepared a narrative and tabular description to support approval of the policy by NOAA as a proposed Routine Program Change.

 

 

Disclaimer: This project summary provides the federal dollars initially awarded to the grantee. Due to underexpenditure or reprogramming of grant funds, this figure may change. For more information on the allocation of coastal grant funds, please contact Laura McKay, Virginia Coastal Program Manager, at 804.698.4323 or email: Laura.McKay@deq.virginia.gov

A more detailed Scope of Work for this project is available. Please direct your request for a copy to Virginia.Witmer@deq.virginia.gov