28.2-603.2 - Commissioner to provide notice. - Virginia Statutes

§ 28.2-603.2. Commissioner to provide notice.

A. At least 30 days before placing temporary protective enclosures on aleasehold pursuant to § 28.2-603.1, the leaseholder shall provide writtennotification to the Commissioner that identifies the leasehold, theapproximate maximum number of enclosures to be placed on the leasehold at anygiven time, and the estimated date such placement will begin. No later than30 days after receiving such notification, the Commissioner may publishnotice of the proposed placement in a newspaper of general circulationserving the area in which the leasehold is located. In determining whether topublish such notice, the Commissioner shall consider the potential effect onexisting uses of waters proximate to the leasehold and the potential forconflict between the proposed placement and such uses. The public noticeshall invite written comment on the proposed placement and includeinformation concerning the submission of written comments. The Commission mayreceive written comments for no more than 30 days following publication ofnotice.

B. If, on the basis of written comments, the Commissioner finds significantand substantive opposition from persons residing on or using the watersproximate to the leasehold, the Commissioner shall convene a public meetingon the proposal no more than 30 days after the close of the comment period.No later than 15 days after the public meeting, the Commissioner shall (i)approve the proposal, (ii) approve the proposal with conditions, or (iii)deny the proposal. If the Commissioner denies the proposal, the leaseholdermay request approval of the proposal before a hearing of the Commission.

C. If the Commissioner determines not to publish public notice, theCommissioner shall, no later than 30 days after receiving writtennotification of the proposal, advise the leaseholder to proceed in accordancewith the requirements of the general permit. If the Commissioner publishespublic notice but does not find significant and substantive opposition bypersons residing on or using the waters to the leasehold, the Commissionershall, no later than 15 days after the close of the comment period, advisethe leaseholder to proceed in accordance with the requirements of the generalpermit.

(2007, cc. 28, 170.)