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 › Section 4VAC20-1130-30 - Notification procedures

Current through Register Vol. 40, No. 24, July 15, 2024
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.