10.1-606.4 - Notice to the public.

§ 10.1-606.4. Notice to the public.

A. When applying to the Department for a permit under the Virginia ImpoundingStructure Regulations (4VAC 50-20) to construct a new impounding structure,the applicant shall provide localities that lie within the inundation zonewith copies of the construction permit request and the dam break inundationzone map.

B. When submitting the application to the Department, the permit applicantshall publish a notice in a newspaper of general circulation in the affectedlocalities summarizing the permit request and providing the address oflocations where copies of the construction permit request and the dam breakinundation zone map may be examined. The applicant shall provide copies ofthe published notice to the Department and to the local government officeswith plat and plan approval authority or zoning responsibilities asdesignated by the locality.

C. The Department may hold, on behalf of the Virginia Soil and WaterConservation Board, a public hearing on safety issues associated with theconstruction permit application for the impounding structure.

D. The Department may require a permit applicant to provide other forms ofreasonable notice, such as the placement of a sign on the proposed site, toensure that affected parties have been informed.

E. The permit applicant shall send, by certified mail, to each property ownerwithin the dam break inundation zone, a summary of the permit request and theaddresses of locations where the map of the dam break inundation zone may beviewed. In the case of a condominium or cooperative, such information shallbe sent to each property owner or the owners' association. The permitapplicant may rely upon real estate assessment records to identify propertyowners. If requested by the Department, the applicant shall provide a list ofthe persons to whom notice has been sent.

(2008, c. 491.)