Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 20 - MARINE RESOURCES COMMISSION › Chapter 336 - GENERAL PERMIT NO. 3 PERTAINING TO NONCOMMERCIAL RIPARIAN SHELLFISH GROWING ACTIVITIES › Section 4VAC20-336-40 - Authorization and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
All proposals for noncommercial shellfish aquaculture
				  structures to encroach in, on or over state-owned subaqueous land which meet
				  the criteria in subdivisions 1 through 3 of
				  4VAC20-336-30 are hereby approved
				  subject to the following conditions:
1. This permit grants no authority to the
				permittee to encroach upon property rights, including riparian rights, of
				others.
2. The duly authorized
				agents of the commission shall have the right to enter upon the premises at
				reasonable times for the purposes of inspecting the work being done pursuant to
				this permit.
3. The permittee shall
				comply with the water quality standards as established by the Department of
				Environmental Quality and all other applicable laws, ordinances, rules and
				regulations affecting the conduct of this project. The granting of this permit
				shall not relieve the permittee of the responsibility of obtaining any and all
				other permits or authorization for this project.
4. The permit shall not affect or interfere
				with the right vouchsafed to the people of Virginia concerning fowling and the
				catching of and taking of oysters and other shellfish in and from the waters
				not included within the terms of this permit.
5. The permittee shall, to the greatest
				extent practicable, minimize adverse impacts of the project on adjacent
				properties and wetlands and upon the natural resources of the
				Commonwealth.
6. This permit may be
				revoked at any time by the commission upon the failure of the permittee to
				comply with the terms and conditions hereof or at the will of the General
				Assembly of Virginia.
7. There is
				expressly excluded from this permit any portion of the waters within the Baylor
				Survey (Public Oyster Ground).
8.
				This permit is subject to any lease of oyster planting ground in effect on
				January 1, 1998. Nothing in this permit shall be construed as allowing the
				permittee to encroach on any lease without the consent of the leaseholder. The
				permittee shall be liable for any damages to such lease.
9. The issuance of this permit does not
				confer upon the permittee any interest or title to the beds of the
				waters.
10. All structures
				authorized by this permit which are not maintained in good repair or displaced
				to areas not authorized shall be completely removed from state-owned bottom
				within 30 days after notification by the commission or its designated
				representatives.
11. The permittee
				agrees to indemnify and save harmless the Commonwealth of Virginia from any
				liability arising from the establishment, operation or maintenance of said
				project.
12. This permit authorizes
				no claim to archaeological artifacts which may be encountered during the
				construction or operation of the project. If, however, archaeological remains
				are encountered, the permittee agrees to notify the commission, who will, in
				turn, notify the Virginia Department of Historic Resources. The permittee
				further agrees to cooperate with agencies in the recovery of archaeological
				remains if deemed necessary.
13.
				The permittee agrees to respond to any inquiries or studies conducted by the
				commission concerning the permittee's aquaculture efforts.
14. This general permit shall remain valid
				for a period of five years from the date of issuance. It may be extended upon a
				request from the applicant provided the request is made prior to the permit
				expiration.
15. This general permit
				should be retained by the permittee for the life of the project as evidence of
				authorization.
Statutory Authority
§ 28.2-103 of the Code of Virginia.