Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 1130. General Permit No. 4 for Temporary Protective Enclosures for Shellfish

4VAC20-1130-30. Notification procedures.

A. All notifications for the use of temporary protective enclosures authorized by this general permit shall be made in writing to the commissioner.

B. The notification shall contain the following information: the name, address and telephone number of the applicant; the location and plat file number depicted on an accurately scaled vicinity map; the approximate size of the area that will contain the temporary protective enclosures; the maximum number of structures to be placed on the leasehold at any given time; a detailed description of the temporary protective enclosures proposed to be deployed; the species to be cultured; a general description of the area within 500 feet of the lease boundary, including existing marine resources (SAV, shellfish beds, fixed fishing devices, traditional fishing and shellfish areas); locations of public and private piers and docks; water depths at mean low water; tidal range; the minimum vertical clearance at mean low water over the enclosures; the estimated date of placement of the structures; and any other information the commissioner deems necessary to evaluate the proposal. Accurately scaled drawings shall be included with the notification that depict the type of structures proposed to be deployed and the proposed deployment pattern. The notification shall also include a list of the names and addresses of all riparian property owners within 500 feet of the area containing the temporary protective enclosures and shall depict the location of their land on a tax map or other suitable map. Riparian property owner acknowledgement forms for such riparian property owners may be included with the notification. Such forms shall be signed by the riparian property owner and shall indicate his comments on the notification. Should such forms not be provided in the notification, the commissioner or his designee shall notify the adjacent property owners of the pending notification.

C. The commissioner or his designee shall determine that the notification is complete and filed in accordance with the instructions contained therein.

D. The commissioner will provide written notice to the leaseholder of his final action on the proposal.

E. In accordance with the provisions of § 28.2-603.2 of the Code of Virginia, the commissioner may approve the proposal, approve the proposal with conditions, or deny the proposal of the leaseholder. The commissioner may prescribe conditions for any proposal for the protection of public safety, navigation, natural resources, and the environment that include, but are not limited to: the type of construction materials used for the temporary enclosures; the manner in which such structures are deployed; the distances the structures are placed from the shoreline, navigable channels, piers, wharfs, or other water dependent facility; and the minimum vertical clearance at mean low water over any temporary structure. When determining these conditions, the commissioner shall also consider those factors set forth in § 28.2-1205 A of the Code of Virginia.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. December 1, 2007.

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