                                 CODE OF VIRGINIA

COMMISSIONER TO PROVIDE NOTICE (§ 28.2-603.2)

A. At least 30 days before placing temporary protective enclosures on a
leasehold pursuant to &#xA7; 28.2-603.1, the leaseholder shall provide written
notification to the Commissioner that identifies the leasehold, the approximate
maximum number of enclosures to be placed on the leasehold at any given time,
and the estimated date such placement will begin. No later than 30 days after
receiving such notification, the Commissioner may publish notice of the proposed
placement in a newspaper of general circulation serving the area in which the
leasehold is located. In determining whether to publish such notice, the
Commissioner shall consider the potential effect on existing uses of waters
proximate to the leasehold and the potential for conflict between the proposed
placement and such uses. The public notice shall invite written comment on the
proposed placement and include information concerning the submission of written
comments. The Commission may receive written comments for no more than 30 days
following publication of notice.

B. If, on the basis of written comments, the Commissioner finds significant and
substantive opposition from persons residing on or using the waters proximate to
the leasehold, the Commissioner shall convene a public meeting on 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 leaseholder may request approval of the
proposal before a hearing of the Commission.

C. If the Commissioner determines not to publish public notice, the Commissioner
shall, no later than 30 days after receiving written notification of the
proposal, advise the leaseholder to proceed in accordance with the requirements
of the general permit. If the Commissioner publishes public notice but does not
find significant and substantive opposition by persons residing on or using the
waters to the leasehold, the Commissioner shall, no later than 15 days after the
close of the comment period, advise the leaseholder to proceed in accordance
with the requirements of the general permit.

HISTORY: 2007, cc. 28, 170.