reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 165 - REGULATIONS GOVERNING THE USE OF ARBITRATION TO RESOLVE COALBED METHANE GAS OWNERSHIP DISPUTES › Section 4VAC25-165-70 - Postponement of arbitration

Current through Register Vol. 40, No. 24, July 15, 2024
Any request for postponement may be granted by the arbitrator
				  if all claimants consent, or if good cause for a postponement is shown to the
				  satisfaction of the arbitrator. Requests for postponement for cause should be
				  made to the arbitrator at least 15 days before the hearing, unless the
				  circumstances requiring the postponement do not allow 15 days notice. Whenever
				  a postponement is granted, the arbitrator will promptly reschedule the hearing
				  and notify the board and the claimants.
Statutory Authority: §§ 45.1-361.15 and
					 45.1-361.22:1 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 165 - REGULATIONS GOVERNING THE USE OF ARBITRATION TO RESOLVE COALBED METHANE GAS OWNERSHIP DISPUTES › Section 4VAC25-165-80 - Discovery

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to §§ 8.01-581.06 and 45.2-1623 of the
				  Code of Virginia, the arbitrator may issue subpoenas, administer oaths, and
				  take depositions. Additionally, any documents a claimant intends to introduce
				  at the arbitration must be shared with the opposing claimant and the arbitrator
				  not less than five days prior to the arbitration. If this provision is found
				  not to be met, the arbitrator may elect to continue the
				  arbitration.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 165 - REGULATIONS GOVERNING THE USE OF ARBITRATION TO RESOLVE COALBED METHANE GAS OWNERSHIP DISPUTES › Section 4VAC25-165-90 - Extension of arbitration

Current through Register Vol. 40, No. 24, July 15, 2024
If, pursuant to § 45.2-1623 of the Code of Virginia, the
				  claimants agree that the arbitrator may take longer than six months from the
				  date the board ordered the arbitration to render a determination, the
				  arbitrator shall notify the board of this extension.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 165 - REGULATIONS GOVERNING THE USE OF ARBITRATION TO RESOLVE COALBED METHANE GAS OWNERSHIP DISPUTES › Section 4VAC25-165-100 - Determination of arbitrator

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to § 45.2-1623 of the Code of Virginia, the
				  determination of the arbitrator shall be in writing and sent to the board and
				  each party to whom notice is required to be given. The determination shall
				  include, at a minimum, a finding of facts and an explanation for the basis of
				  the determination. A copy of the determination shall be placed on the
				  department's website. The arbitrator shall record the determination with the
				  clerk's office of the court.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 165 - REGULATIONS GOVERNING THE USE OF ARBITRATION TO RESOLVE COALBED METHANE GAS OWNERSHIP DISPUTES › Section 4VAC25-165-110 - Ex parte communications

Current through Register Vol. 40, No. 24, July 15, 2024
There shall be no direct communication between the claimants
				  and the arbitrator concerning the merits of the dispute other than at the
				  arbitration hearing. If an ex parte communication occurs between a party and
				  the arbitrator outside of the arbitration hearing, the arbitrator shall notify
				  the other parties of the date, time, place, and content of the
				  communication.
Statutory Authority: §§ 45.1-361.15 and
					 45.1-361.22:1 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 165 - REGULATIONS GOVERNING THE USE OF ARBITRATION TO RESOLVE COALBED METHANE GAS OWNERSHIP DISPUTES › Section 4VAC25-165-120 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
Arbitrators shall be paid at the rate of no more than $250
				  per hour. Expenses of the arbitrator incurred during the course of the
				  arbitration shall be reimbursed in accordance with the State Travel Regulations
				  prescribed by the Department of Accounts. Arbitrators shall submit a complete
				  W-9 form to the department before payment is made.
Pursuant to § 45.2-1623 of the Code of Virginia, payment
				  of fees and expenses of the arbitration may be delayed if there are intervening
				  disbursements from the general escrow account under subdivision 5 (i) or (iii)
				  of § 45.2-1623 of the Code of Virginia that reduce the interest balance
				  below the amount of fees and expenses requested.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 165 - REGULATIONS GOVERNING THE USE OF ARBITRATION TO RESOLVE COALBED METHANE GAS OWNERSHIP DISPUTES › Section 4VAC25-165-130 - Disbursement of proceeds

Current through Register Vol. 40, No. 24, July 15, 2024
Within 30 days of receipt of an affidavit from the claimants
				  affirming the determination, the operator shall petition the board for
				  disbursement pursuant to subdivision 5 of § 45.2-1622 of the Code of
				  Virginia.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 165 - REGULATIONS GOVERNING THE USE OF ARBITRATION TO RESOLVE COALBED METHANE GAS OWNERSHIP DISPUTES › Form - FORMS (4VAC25-165)

Current through Register Vol. 40, No. 24, July 15, 2024
Arbitrator
				  Qualification Form, DGO-ARB (rev. 5/10)
Agreement
				  to Arbitrate Form, DGO-ARB2 (rev. 7/10)
Statutory Authority: §§ 45.1-361.15 and
					 45.1-361.22:1 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 170 - GEOTHERMAL ENERGY REGULATIONS › Section 4VAC25-170-20 - Resource conservation

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order
				to foster geothermal utilization, prevent waste, protect correlative rights,
				safeguard the natural environment, and promote geothermal resource conservation
				and management, the department may designate geothermal areas, require well
				spacing and unitization, and allow sequential utilization on a case-by-case
				basis.
B. Wells shall be classified
				as to the geothermal area from which they produce, and geothermal areas shall
				be determined, designated, and named by the department in accordance with the
				definition provided in
				4VAC25-170-10. In designating
				geothermal areas, factors to be considered shall include but not be limited to
				common usage and geographic names; the surface topography and property lines of
				the land underlain by geothermal energy; the plan of well spacing being
				employed or proposed for the area; the depth at which resources have been
				found; and the nature and character of the producing formation or formations.
				In the event any person is dissatisfied with any such classification or
				determination, an application may be made to the department for
				reclassification or redetermination.
C. Information provided the division director
				in the notice of intent to proceed shall be used by the department to determine
				spacing between production wells and between production and injection wells.
				The department may also conduct independent investigations as deemed necessary
				to determine appropriate well spacing and utilization.
When two or more separately owned tracts of land lie within a
				  geothermal area, the department may require unitized operations under
				  supervision of the division director. Unitized drilling operations shall be
				  operated according to the principle of correlative rights.
D. Persons desirous of engaging in sequential
				utilization shall file a formal request with the department that shall contain
				the following items:
1. A statement of the
				uses to be made of the geothermal resource.
2. Evidence that sequential utilization will
				not cause heat drawdown in the geothermal aquifer, cause land subsidence,
				hinder observation of the geothermal resource, or contaminate potable water
				supplies.
3. Requests for
				sequential utilization shall be reviewed and acted upon by the department
				within 45 days of receipt.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 170 - GEOTHERMAL ENERGY REGULATIONS › Section 4VAC25-170-30 - Bonds, permits and fees

Current through Register Vol. 40, No. 24, July 15, 2024
A.
1. Before any person shall engage in drilling
				for geothermal resources or construction of a geothermal well in Virginia, such
				person shall give bond with surety acceptable to the division director and
				payable to the Commonwealth. At the election of the permit applicant, a cash
				bond may be given. The amount of bond required shall be sufficient to cover the
				costs of properly plugging the well and restoring the site, but in no case
				shall the amount of bond be less than $10,000 for each exploratory and
				injection well, and $25,000 for each production well. Blanket bonds of $100,000
				may be granted at the discretion of the division director.
2. The return of such bonds shall be
				conditioned on the following requirements:
a.
				Compliance with all statutes, rules, and regulations relating to geothermal
				regulations and the permit.
b.
				Plugging and abandoning the well as approved by the division director in
				accordance with
				4VAC25-170-80.
3. A land stabilization bond of $1,000 per
				acre of land disturbed shall be required. Such bond will be released once
				drilling is completed and the land is reclaimed in accordance with
				4VAC25-170-40.
4. Liability under any bond may not be
				terminated without written approval of the division
				director.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 170 - GEOTHERMAL ENERGY REGULATIONS › Section 4VAC25-170-50 - Well construction and maintenance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every person drilling for geothermal
				resources in Virginia, or operating, owning, controlling or in possession of
				any well as defined herein, shall post and keep posted in a conspicuous place
				on or near the well a sign showing the name of the person, firm, company,
				corporation, or association drilling, owning, or controlling the well, the
				company or operator's well number, and the well identification number thereof.
				Well identification numbers will be assigned to all approved permits according
				to the USGS groundwater site inventory system. The lettering on such sign shall
				be kept in a legible condition at all times.
B. The division director shall receive notice
				prior to the commencement of well work concerning the identification number of
				the well and the date and time that well work is scheduled to begin.
C.
1.
				Drilling-fluid materials sufficient to ensure well control shall be maintained
				in the field area and be readily accessible for use during drilling
				operations.
2. All drilling muds
				shall be used in a fashion designed to protect freshwater-bearing sands,
				horizons, and aquifers from contamination during well construction.
3. Drilling muds shall be removed from the
				drilling site after the well is completed and disposed of in the method
				approved in the operations plan.
4.
				Operations shall be conducted with due care to minimizing the loss of reservoir
				permeability.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 170 - GEOTHERMAL ENERGY REGULATIONS › Section 4VAC25-170-60 - Records, logs and general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
1.
				During the drilling and production phases of every well, the owner, operator,
				or designated agent responsible for the conduct of drilling operations shall
				keep at the well an accurate record of the well's operations as outlined in
				subsection C of this section. These records shall be accessible to the division
				director at all reasonable hours.
2. The refusal of the well operator or
				designated agent to furnish upon request such logs or records or to give
				information regarding the well to the department shall constitute sufficient
				cause to require the cessation or shutting down of all drilling or other
				operations at the well site until the request is honored.
3. Copies of all productions records required
				by this chapter shall be submitted to the division director.
4. Samples representative of all strata
				penetrated in each well shall be collected and furnished to the Commonwealth.
				Such samples shall be in the form of rock cuttings collected so as to represent
				the strata encountered in successive intervals no greater than 10 feet. If
				coring is done, however, the samples to be furnished shall consist, at a
				minimum, of one-quarter segments of core obtained. All samples shall be handled
				as follows:
a. Rock cuttings shall be dried
				and properly packaged in a manner that will protect the individual samples,
				each of which shall be identified by the well name, identification number, and
				interval penetrated.
b. Samples of
				core shall be boxed according to standard practice and identified as to well
				name and identification number and interval penetrated.
c. All samples shall be shipped or mailed,
				charges prepaid, to:
Department of Energy
Division of Geology and Mineral Resources
Fontaine Research Park
900 Natural Resources Drive
P.O. Box 3667
Charlottesville, VA 22903
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 170 - GEOTHERMAL ENERGY REGULATIONS › Section 4VAC25-170-70 - Groundwater monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A.
1. Groundwater shall be monitored through
				special monitoring wells or existing water wells in the area of impact, as
				determined by the department.
2.
				Monitoring shall be performed and reported to the division director daily on
				both water quality and piezometric head for the first 30 days of geothermal
				production. Thereafter, quarterly tests for piezometric head and for water
				quality shall be reported to the division director.
3. The monitoring of groundwater shall meet
				the following conditions:
a. A minimum of one
				monitoring well per production or injection well is required. Monitoring wells
				shall monitor those significant potable aquifers through which the well passes
				as required by the department.
b.
				The monitoring wells shall be located within the first 50% of the projected
				cone of depression for the geothermal production well.
c. The wells shall be constructed to measure
				variations in piezometric head and water quality. Groundwater shall be
				chemically analyzed for the following parameters: mineral content (alkalinity,
				chloride, dissolved solids, fluoride, calcium, sodium, potassium, carbonate,
				bicarbonate, sulfate, nitrate, boron, and silica); metal content (cadmium,
				arsenic, mercury, copper, iron, nickel, magnesium, manganese, and zinc); and
				general parameters (pH, conductivity, dissolved solids, and
				hardness).
d. The department may
				require additional analyses if levels of the parameters in subdivision 3 c of
				this subsection indicate their necessity to protect groundwater
				supplies.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 170 - GEOTHERMAL ENERGY REGULATIONS › Section 4VAC25-170-80 - Abandonment and plugging of wells

Current through Register Vol. 40, No. 24, July 15, 2024
A. Notification of intent to abandon any
				exploration, production, or injection well shall be submitted to the division
				director at least 48 hours before the beginning of plugging operations. When
				notification of intent to abandon an exploratory, production, or injection well
				is received, the division director may send a departmental representative to
				the location specified and at the time stated to witness the plugging of the
				well.
B.
1. Any drilling well completed as a dry hole
				from which the rig is to be removed shall be cemented unless authorization to
				the contrary has been given by the division director.
2. The bottom of the hole shall be filled to,
				or a bridge shall be placed at the top of, each producing formation open to the
				well bore. Additionally, a cement plug not less than 100 feet in length shall
				be placed immediately above each producing formation.
3. A continuous cement plug shall be placed
				through all freshwater-bearing aquifers and shall extend at least 50 feet above
				and 50 feet below said aquifers.
4.
				A plug not less than 100 feet in length shall be placed at or near the surface
				of the ground in each hole.
5. The
				interval between plugs shall be filled with a nonporous medium.
6. The method of placing cement in the holes
				shall be by any method approved by the division director in advance of
				placement.
7. The exact location of
				each abandoned well shall be marked by a piece of pipe not less than four
				inches in diameter securely set in concrete and extending at least four feet
				above the general ground level. A permanent sign of durable construction shall
				be welded or otherwise permanently attached to the pipe and shall contain the
				well identification information required by
				4VAC25-170-50 A and the date the
				well was plugged.
8. When drilling
				operations have been suspended for 60 days, the well shall be plugged and
				abandoned unless written permission for temporary abandonment has been obtained
				from the division director.
9.
				Within 20 days after the plugging of any well, the responsible operator, owner,
				or designated agent who plugged or caused the well to be plugged shall file a
				notice of intent to plug or abandon and an affidavit with the department
				indicating the manner in which the well was plugged.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 170 - GEOTHERMAL ENERGY REGULATIONS › Section 4VAC25-170-90 - Environmental protection; impacts; noise abatement

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the absence of coverage by any other
				section of this chapter, the department shall require operations under this
				chapter to be conducted so as not to pollute land, water, or air. Federal and
				state air and water quality standards shall be followed unless more stringent
				requirements are stipulated by the department. More stringent requirements, if
				stipulated, shall be made during the permit process. Notices of such
				requirements will be sent to the applicant and a notice published permitting 30
				days for written comments. The review of operations plans shall take into
				account any adverse effects on groundwaters, streams, plants, fish and
				wild-life wildlife populations, atmosphere, or any other effects which may
				cause or contribute to pollution. Should environmental conditions warrant,
				owners, operators, or their designated agents may be required to conduct
				special environmental studies or monitoring.
B. Noise output from geothermal sites shall
				be limited to 65 dB/A at the lease boundary or within one-half mile of the
				source, whichever is greater.
Statutory Authority
§§ 45.1-161.3, 45.1-179.6 and 45.1-179.7 of the
					 Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 170 - GEOTHERMAL ENERGY REGULATIONS › Form - FORMS (4VAC25-170)

Current through Register Vol. 40, No. 24, July 15, 2024
Registration Form for Drillers, Owners and Operators of
				  Geothermal Wells, DGO-G-01 (rev. 6/09).
Application for Exploration Permit, DGO-G-02 (rev.
				  6/09).
Appendix for Exploration Permit if the Well Work Involves
				  Drilling, Redrilling or Deepening, DGO-G-02A (rev. 6/09).
Geothermal Resource Well Operator's Bond, DGO-G-03 (rev.
				  6/09).
Release of Geothermal Resource Well Operator's Surety Bond,
				  DGO-G-03A (rev. 6/09).
Geothermal Well Plat, DGO-G-04 (rev. 6/89).
Certification of Location of New Well, DGO-G-04A (rev.
				  6/09).
Report on Completion of Well Work, DGO-G-05 (rev.
				  6/09).
Report of Completion of Work if Drilling, Redrilling or
				  Deepening is Involved, DGO-G-05A (rev. 6/09).
Notice of Intent to Plug or Abandon, and Affidavit, DGO-G-05B
				  (rev. 6/09).
Casing and Tubing Program, DGO-G-05C (rev. 6/09).
Driller's Log, DGO-G-05D (rev. 6/09).
Notice of Intent to Proceed, DGO-G-06 (rev. 6/09).
Geothermal Resource Production or Injection Report, DGO-G-07
				  (rev. 6/09).
Groundwater Monitoring Report, DGO-G-08 (rev. 6/09).
Geothermal Fluid Monitoring Report, DGO-G-09 (rev.
				  6/09).
Notification of Chemical Cleaning of a Geothermal Well,
				  DGO-G-10 (rev. 6/09).
Surveyor's Report on Subsidence, DGO-G-11 (rev. 6/09).
Application for Reclassification of a Geothermal Area,
				  DGO-G-12 (rev. 6/09).
Request for Permission to Engage in Sequential Utilization,
				  DGO-G-13 (rev. 6/09).
Application for Exemption from Injection Requirement,
				  DGO-G-14 (rev. 6/09).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and their meanings as used in these
				  Regulations are defined as follows:
1.
				"Commission" means the Commission on the Conservation and Development of Public
				Beaches as established by Section 10-218 of the Code of Virginia.
2. "Advisory Commission" means a Local
				Erosion Advisory Commission created pursuant to Section 10-222 and this
				regulation.
3. "The Act" means the
				Public Beach Conservation and Development Act.
4. "Project" means a Beach Enhancement
				Proposal approved by the Commission.
5. "Public Beach Commission" means the same
				as 1 above. Used only in correspondence to the Commission.
6. "Locality" means a county, city, or town
				which is eligible for a Grant under these Regulations.
7. "Grant period" means, for any application,
				1, 2, or 3 fiscal years, but may not exceed 3 fiscal years.
8. "Technical Advisor" means the Public Beach
				Advisor, a specialist in coastal processes residing at the Virginia Institute
				of Marine Science, who assists localities and reviews the technical aspects of
				projects submitted to the Commission.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-20 - Local Erosion Advisory Commissions

Current through Register Vol. 40, No. 24, July 15, 2024
Localities wishing to participate under the Act must
				  establish an Advisory Commission pursuant to Section 10-222 of the Code and in
				  accordance with the requirements below. For purposes of developing a project
				  under the Act, any county shall be deemed to have jurisdiction over all public
				  beaches within the county, including those public beaches within a town;
				  provided a resolution from the town authorizing the county to act in its behalf
				  is submitted to the Commission. For a town or city which has exercised its
				  option to establish an Advisory Commission, all of the public beaches within
				  that town or city shall be deemed under the jurisdiction of that town or
				  city.
Appointment and Membership
The Advisory Commission in a locality shall be appointed by
				  the local governing body. Terms of office, removal from office, reappointment
				  and appointments to fill vacancies shall be matters decided by the local
				  governing body; provided, however, that the local governing body shall adopt a
				  procedure to ensure that any vacancy occurring on the Advisory Commission is
				  filled within a reasonable period of time. Appointees to the Advisory
				  Commission shall consist of at least five persons. Appointees may be members of
				  any other governmental or quasi-governmental board or commission that is
				  otherwise permissible under law. An Advisory Commission appointee also may not
				  be a member of any of the following: the Commission on the Conservation and
				  Development of Public Beaches, the Soil and Water Conservation Commission, the
				  Marine Resources Commission, the Board of Conservation and Economic
				  Development, the Commission on Outdoor Recreation. An Advisory Commission shall
				  organize itself, shall notify the Commission of its existence and membership,
				  and shall designate one of its members or other official as a point of contact
				  with the Commission. An Advisory Commission shall bear the responsibilities and
				  duties imposed upon them by Section 10-222 of the Code of Virginia and such
				  other responsibilities and duties, consistent with law, which from time to time
				  may be imposed upon them by the local governing body or the Commission and as
				  stated in other sections of these Regulations.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-30 - Applications

Current through Register Vol. 40, No. 24, July 15, 2024
Any eligible locality may prepare an Application in
				  accordance with the procedures outlined in the
				  4VAC45-10-130 and
				  4VAC45-10-140.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-40 - Commission address

Current through Register Vol. 40, No. 24, July 15, 2024
Applications must be completed and submitted to the
Public Beach Commission
P.O. Box 339
Gloucester Point, VA 23062
Applications must be postmarked no later than the date
				  established annually by the Commission.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-50 - Procedures for submittal and review of grant proposals

Current through Register Vol. 40, No. 24, July 15, 2024
The application is developed in two steps. First, a locality
				  must submit a preproposal as outlined in
				  4VAC45-10-130. This document will
				  aid the Commission in budgeting and prioritizing requests for funds.
A locality which receives notice of acceptance of its
				  preproposal may then submit a fully engineered and costed proposal to the
				  Commission in accordance with procedures outlined in the
				  4VAC45-10-140.
Applications received by the Commission will be distributed
				  to the Commissioners and the Technical Advisor for review prior to a formal
				  meeting at which the Commission will determine which preproposals meet its
				  criteria and are eligible for funding. The decision of the Commission will be
				  forwarded to the chief elected official or authorized chief executive of a
				  locality with a copy to the Advisory Commission.
Preproposals should serve as the basis for preparation of the
				  fully engineered proposal. The anticipated long term beneficial effects of each
				  funded project will be determined by the Commission with advice and assistance
				  from the technical advisor. Each locality will be responsible for assuring
				  public access to any funded project beach throughout the anticipated useful
				  life of the project. For fiscal year 1980-1981, those proposals received by
				  April 30th will be reviewed by the Commission and the technical advisor. Final
				  acceptance and level of funding will be decided by the Commission by June 15th.
				  The Commission will notify participating localities of its decision by June
				  30th. For subsequent fiscal years, the Commission will notify eligible
				  localities of the pertinent submission and response dates by July 31st.
Proposal Selection Criteria
In addition to the criteria stated in Section 10-221 of the
				  Code of Virginia, the Commission will include the following items for the
				  selection of localities eligible for funds:
1. Accessibility of the beach for use by the
				general public; and
2. Benefits to
				the state and the locality derived from the execution of the project.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-60 - Environmental review

Current through Register Vol. 40, No. 24, July 15, 2024
During the development of the proposal, the locality must
				  contact the appropriate environmental regulatory agencies which issue permits
				  and certifications to undertake the project. The locality must comply with all
				  pertinent environmental regulations and conditions to receive a grant from the
				  Commission. The contact should be early in the formulation of the proposal.
				  Early application for the necessary permits is recommended. No grant
				  application will be approved for payment until the required permits are
				  presented to the Commission.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-70 - Funds

Current through Register Vol. 40, No. 24, July 15, 2024
The mandated features of this State matching grant program
				  are:
1. The maximum amount of State
				grant funds that a locality may obtain is 30 percent of the amount appropriated
				to the public beach assistance fund for that year.
2. The State will provide the funds to
				localities on a 50-50 matching basis with either one lump sum or in successive
				fiscal year payments.
3. State
				funds may be combined with local funds to match Federal funds, provided the
				local amount is at least as much or more than one-half of the combined State
				and local share, and the conditions of items 1 and 2 are met.
For purposes of this program, revenue sharing funds received
				  by localities shall be considered as local funds and may be used as the local
				  share for meeting the above stated conditions. Other grants such as Coastal
				  Plains Commission monies shall not be considered local funds.
For purposes of this program, the costs of engineering design
				  work, construction performance and beach response monitoring, whether conducted
				  by the locality itself or by a private firm under contract with the locality,
				  may be included as part of the local match.
Payment may be requested in one initial payment or on fiscal
				  year basis. Any residue funds at the end of the grant period will revert to the
				  Commission. In any period in which funds are not appropriated by the General
				  Assembly, multiple year grants will terminate without further obligation on the
				  Commonwealth for funding.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-80 - Funding period

Current through Register Vol. 40, No. 24, July 15, 2024
The funding period of any approved grant request from a
				  locality for beach erosion control is to be on a fiscal year basis in
				  accordance with the Code of Virginia, Sections 2.1-197 and 2.1-202.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-90 - Examination of records

Current through Register Vol. 40, No. 24, July 15, 2024
The Commission, or its duly authorized representative, shall
				  have access to and the right to examine all of a locality's financial records,
				  documents, and papers related to the expenditure of a grant by the locality for
				  beach erosion control, pursuant to the Public Beach Conservation and
				  Development Act, Section 10-215 through 10-222.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-100 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The Commission will require that timely financial reports be
				  prepared by a recipient locality and submitted to the Commission for all funds,
				  expended or unexpended, and in any event at least at the end of each fiscal
				  year. Fiscal year reports should be received by the Commission no later than
				  July 31st of each year.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-110 - Terms of payment

Current through Register Vol. 40, No. 24, July 15, 2024
The Commission chairman, with Commission approval, will
				  direct the Department of Conservation and Economic Development to periodically
				  forward payments to the recipient locality, with payment to be executed in
				  accordance with the approved grant application.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-120 - Right to withdraw grant

Current through Register Vol. 40, No. 24, July 15, 2024
The Commission will require the return of Public Beach
				  Assistance funds from a locality for unsatisfactory project
				  compliance.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-130 - Preproposal application procedures

Current through Register Vol. 40, No. 24, July 15, 2024
Preproposal
The applicant shall define and establish priorities for the
				  locality's beach areas as a part of its preproposal to be submitted to the
				  Commission. The preproposal should be a succinct description of the locality
				  project, including the following:
1.
				Name, address, and telephone number of point of contact within
				locality.
2. General project
				description. A short one or two paragraph statement about the proposed project
				including:
a. Project location;
b. Type of project, i.e. nourishment, groin
				field;
c. Type and possible
				locations of structures, if applicable;
d. Volume of nourishment, if
				applicable;
e. Source of
				nourishment, if known; and
f. Short
				statement outlining why the project is needed.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-140 - Proposal application procedures

Current through Register Vol. 40, No. 24, July 15, 2024
Proposal Elements
The following information is necessary to fully consider a
				  proposal. Additional information may be prescribed after review of the
				  preproposal.
The final proposal submitted by a locality may contain any
				  combination of the following activities, provided all information requested for
				  an activity is included.
Nourishment:
1.
				Name, address, and telephone number of point of contact within
				locality.
2. Location map defining
				limits of the project.
3. Plan view
				with topography, bathymetry, and access points, MHW and MLW lines.
4. Selected cross-sectional views showing
				existing conditions and a proposed cross-sectional view.
5. Estimate of the volume of material to be
				used.
6. Over-fill requirements.
				This is an expression of the expected amount of material to be retained versus
				that placed on the beach.
7. Source
				of nourishment material.
8. Grain
				size analysis of the existing beach material (from backshore, foreshore, and
				nearshore).
9. Grain size analysis
				of proposed beach fill.
10.
				Description of the method of transporting beach fill.
11. Rationale for the approach over the next
				most likely candidate.
12. Detailed
				cost estimate.
13. Starting date
				and duration of project.
14.
				Sequence of fill installation if more than one area is to be treated.
15. Source of matching funds. This section
				should confirm, amplify, or modify, as necessary, matching fund source
				information contained in the preproposal.
a.
				Federal contribution
b. Local
				contribution
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-150 - Monitoring program

Current through Register Vol. 40, No. 24, July 15, 2024
Each participating locality must submit an outline of a beach
				  response monitoring program with its application. Each locality should pattern
				  its program to its needs. Items for consideration in developing such a program
				  are:
1. Beach profiles reference to a
				known bench mark, preferably mean sea level.
2. Bathymetric profiles extending from beach
				profile lines to an appropriate distance offshore.
3. Sediment samples from the beach and
				offshore along the profile lines.
4. Photography, both aerial and
				ground.
5. Time frame. The
				monitoring program should contain at least one set of data points before the
				installation of the project. Updates along the profile lines should be timed to
				reflect changes in the system. Each locality should be prepared to monitor pre-
				and post-storm beach response.
Each locality should develop a reasonable monitoring program
				  which reflects beach changes but is not an excessive financial burden to the
				  locality. Assistance from the Commission and the Technical Advisor is available
				  in developing the minimum requirements for an acceptable monitoring
				  program.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-160 - Locality responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
The locality must agree to be responsible for all aspects of
				  a funded beach enhancement program. Prior to commencement, the locality must
				  start its monitoring program. The locality must also notify the Commission of
				  the beginning of the project commencement. The Commission will direct the
				  Technical Advisor to inspect the operation from time to time. The Technical
				  Advisor will notify the locality of his intended inspection dates and times.
				  Periodically updated installation and response reviews by the Technical Advisor
				  will be submitted to the Commission for consideration.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 45 - BOARD ON CONSERVATION AND DEVELOPMENT OF PUBLIC BEACHES [REPEALED] › Chapter 10 - REGULATIONS GOVERNING APPLICATION FOR AND USE OF GRANT FUNDS TO LOCALITIES › Section 4VAC45-10-170 - Standard contract provision

Current through Register Vol. 40, No. 24, July 15, 2024
There shall be a statement on each Application concerning
				  nondiscrimination because of race, religion, color, sex, or national origin,
				  plus a statement to the fact that the Grantee is an Equal Opportunity
				  Employer.
Statutory Authority
Chapter 21, Title 10, Code of Virginia, 1950 as amended.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 4VAC50-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Virginia Soil and Water Conservation Board. This chapter does not apply to
					 regulations, guidelines, or other documents exempted or excluded from the
					 provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the
					 Code of Virginia).
Statutory Authority
§§ 2.2-4007.02 and 10.1-502 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 4VAC50-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 10.1-502 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 4VAC50-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  4VAC50-11-30, the agency shall send
				  the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC50-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to submit data, views, and arguments,
				  either orally or in writing, to the agency. Such opportunity to comment shall
				  include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC50-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.