Current through Register Vol.. 38, No. 17, April 11, 2022
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
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.