4 Va. Admin. Code § 20-1130-40 - General conditions
A. The
general permit established by this chapter grants no authorizations to the
permittee to encroach upon the property rights, including riparian rights, of
others.
B. Authorized agents of the
commission shall have the right to enter upon the premises at reasonable times
for the purpose of inspecting the work being done pursuant to this
permit.
C. This general permit
shall not be transferred without written consent of the commissioner.
D. The permittee shall minimize the adverse
effects of the project upon adjacent properties and wetlands and upon the
natural resources of the Commonwealth.
E. This permit may be revoked at any time by
the commissioner upon the failure of the permittee to comply with any of the
terms and conditions hereof.
F.
There is expressly excluded from the permit any portion of the waters within
the boundaries of the Baylor Survey.
G. The issuance of this permit does not
confer upon the permittee any interest or title to the beds or waters of the
Commonwealth.
H. All structures
authorized by this permit that are not maintained in good repair shall be
completely removed from state-owned bottom within five business days after
written notification by the commissioner.
I. This permit authorizes no claim to
archaeological or historic artifacts that may be encountered during the
placement of temporary protective enclosures. If, however, archaeological
remains are encountered, the permittee agrees to notify the commissioner who
will in turn notify the Department of Historic Resources and the Virginia
Institute of Marine Science. The permittee further agrees to cooperate with
agencies of the Commonwealth in the recovery of archaeological remains if
deemed necessary.
J. The permittee
agrees to indemnify and save harmless the Commonwealth of Virginia from any
liability arising from the establishment, operation or maintenance of said
project.
K. The public shall not be
excluded from any space not physically occupied by the authorized temporary
protective enclosures.
L. This
permit does not obviate the need to obtain other federal, state, or local
authorizations required by law or regulation.
Notes
Statutory Authority
§ 28.2-201 of the Code of Virginia.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.