Current through Register Vol.. 38, No. 17, April 11, 2022
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
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
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
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).
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
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
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
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.
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
15. This general permit
should be retained by the permittee for the life of the project as evidence of