TITLE 2. AGRICULTURE
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Forms
NOTICE: The following forms have been filed by the Virginia Department of Agriculture and Consumer Services. The forms are available for public inspection at the Virginia Department of Agriculture and Consumer Services, Division of Animal and Food Industry Services, 102 Governor Street, Richmond, VA 23219, or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219. Copies of the forms may be obtained from Richard D. Saunders, Deputy Director, Division of Animal and Food Industry Services, Virginia Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, (804) 692-0601 or doug.saunders@vdacs.virginia.gov.
Title of Regulation: 2VAC5-110. Rules and Regulations Pertaining to a Pound or Enclosure to Be Maintained by Each County or City.
Agency Contact: Richard D. Saunders, Deputy Director, Division of Animal and Food Industry Services, Virginia Department of Agriculture and Consumer Services, 102 Governor Street, Room 321, Richmond, VA 23219, telephone (804) 692-0601, or email doug.saunders@vdacs.virginia.gov.
FORMS (2VAC5-110)
Pound and Shelter Inspection Form, VDACS-PS-1 (eff. 7/07).
Animal Facility Inspection Form, VDACS AC-10 (eff. 07/09).
Animal Facility Inspection Form – Pound Regulations, VDACS AC-10-A (eff. 07/09).
Animal Facility Inspection Form – Animal Care, VDACS AC-10-B (eff. 07/09).
Animal Facility Inspection Form – Operations, VDACS AC-10-C (eff. 07/09).
VA.R. Doc. No. R10-1934; Filed October 27, 2009, 2:32 p.m.
TITLE 2. AGRICULTURE
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Forms
NOTICE: The following forms have been filed by the Virginia Department of Agriculture and Consumer Services. The forms are available for public inspection at the Virginia Department of Agriculture and Consumer Services, Division of Animal and Food Industry Services, 102 Governor Street, Richmond, VA 23219, or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219. Copies of the forms may be obtained from Richard D. Saunders, Deputy Director, Division of Animal and Food Industry Services, Virginia Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, (804) 692-0601 or doug.saunders@vdacs.virginia.gov.
Title of Regulation: 2VAC5-150. Rules and Regulations Governing the Transportation of Companion Animals.
Agency Contact: Richard D. Saunders, Deputy Director, Division of Animal and Food Industry Services, Virginia Department of Agriculture and Consumer Services, 102 Governor Street, Room 321, Richmond, VA 23219, telephone (804) 692-0601, or email doug.saunders@vdacs.virginia.gov.
FORMS (2VAC5-150)
Animal Control Vehicle Review, Form VDACS-03132-2.
Animal Facility Inspection Form, VDACS AC-10 (eff. 07/09).
Animal Facility Inspection Form – Animal Transport, VDACS AC-10-1 (eff. 07/09).


VA.R. Doc. No. R10-2202; Filed October 27, 2009, 2:32 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF CONSERVATION AND RECREATION
Final Regulation
REGISTRAR'S NOTICE: The following regulation filed by the Department of Conservation and Recreation is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 1 of the Code of Virginia, which excludes agency orders or regulations fixing rates or prices. The Department of Conservation and Recreation will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 4VAC5-36. Standard Fees for Use of Department of Conservation and Recreation Facilities, Programs, and Services (amending 4VAC5-36-40, 4VAC5-36-50, 4VAC5-36-60, 4VAC5-36-80, 4VAC5-36-90, 4VAC5-36-100, 4VAC5-36-110, 4VAC5-36-115, 4VAC5-36-120, 4VAC5-36-130, 4VAC5-36-140, 4VAC5-36-150, 4VAC5-36-160, 4VAC5-36-170, 4VAC5-36-190, 4VAC5-36-200, 4VAC5-36-210).
Statutory Authority: § 10.1-104 of the Code of Virginia.
Effective Date: January 1, 2010.
Agency Contact: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.
Summary:
The amendments include general conditions and criteria concerning the establishment, revision, and revocation of fees (4VAC5-36-40); parking and launch fees (4VAC5-36-50); admission fees (4VAC5-36-60); commercial and nonprofit user fees (4VAC5-36-80); camping fees; (4VAC5-36-90); cabin fees (4VAC5-36-100); picnic shelter fees (4VAC5-36-110); horse arena fees (4VAC5-36-115); amphitheater and gazebo fees (4VAC5-36-120); boat storage fees (4VAC5-36-130); interpretive canoe, boat, and paddleboat fees (4VAC5-36-140); interpretive and educational tours and program fees (4VAC5-36-150); outdoor skill program fees (4VAC5-36-160); hunting fees (4VAC5-36-170); environmental education center fees (4VAC5-36-190); miscellaneous rental fees (4VAC5-36-200); and conference center and meeting facility fees (4VAC5-36-210).
Increases to these rates and prices represent (i) changes to maintain fair market value, (ii) the addition of new facilities and offerings, (iii) updates to ensure consistency with the private sector, and (iv) revisions to reflect private concessionaires' new seasonal prices. Language has been added to 4VAC5-36-40 (General conditions and criteria concerning the establishment, revision, and revocation of fees) allowing the electronic submission of documents and payments where available, including the use of electronic mail, the Reservation Center and the ReserveAmerica system, completing any forms provided online, or any other manner specified by the department.
4VAC5-36-40. General conditions and criteria concerning the establishment, revision, and revocation of fees.
A. The director may establish, revise, or revoke standard or nonstandard fees for facility rentals, programs, festivals, special events, concerts, and services as the need arises according to reasonable and accepted business practices, negotiation with third party providers, and local market conditions. Such fees and prices shall be in effect immediately upon the reasonable availability of information allowing the public to be aware of the most current fee or price. The agency shall publish new, revised or revoked standard fees in accordance with the Virginia Register Act (§ 2.2-4100 et seq. of the Code of Virginia).
B. In the event a nonstandard fee becomes a continuing offering, the director shall publish the fee in accordance with the Virginia Register Act (§ 2.2-4100 et seq. of the Code of Virginia).
C. The submission of the required documents and payments set out in this chapter may be accomplished where available by electronic means, including but not limited to electronic mail and the use of the Reservation Center or ReserveAmerica system, completing any forms provided online, or any other manner specified by the department.
4VAC5-36-50. Parking and launch fees.
PARKING FEES (NONTAXABLE)
| WEEKDAYS | WEEKENDS |
Daily Parking for Passenger Vehicles: Applies to cars, trucks, vans (up to 15 passenger), and motorcycles. | | |
| All parks unless listed below. | $2.00 | $3.00 |
| Parks under construction and having only limited facilities and services. | $2.00 | $2.00 |
| Fairy Stone, Raymond R. "Andy" Guest Jr. Shenandoah River, Smith Mountain Lake, Claytor Lake, Kiptopeke, Westmoreland, Mason Neck, Sky Meadows, Chippokes | $3.00 | $4.00 |
| Leesylvania, First Landing, Lake Anna, Pocahontas | $4.00 | $5.00 |
| York River Croaker Landing/Pier Area (also requires boat launch fee for all vehicles) | $3.00 | $3.00 |
Horse Trailer Parking Fee (also requires vehicle parking fee.) All parks unless listed below. | $3.00 per trailer | $3.00 per trailer |
| Lake Anna | $4.00 per trailer | $4.00 per trailer |
| Surcharge for additional horse in same trailer. | $2.00 per horse | $2.00 per horse |
Other Trailer Parking Fee: Applies to other trailers not covered by camping, horse trailer and boat launch fee. (Add to daily parking fee.) | $2.00 per trailer | $2.00 per trailer |
Daily Bus Parking: All Seasons. Applies to vehicles with 16 or more passenger capacity. | | |
| All parks unless listed below. | $10 | $10 |
| Claytor Lake, Hungry Mother, Leesylvania, Mason Neck, New River Trail | $12 | $12 |
| First Landing, Kiptopeke, Lake Anna, Pocahontas, Westmoreland | $15 | $15 |
Natural Area Preserve Parking Fees for any Vehicle: The department may charge these fees at any Natural Area Preserve. | $2.00 | $2.00 |
Boat Launch Fees: Required to use park boat ramps on bodies of water where motorboats are permitted. Required for all vehicles using York River Croaker Landing/Pier Area. May not apply to small "car-top" launch facilities (facilities at which boats may only be launched by hand carrying them to the water). The fee is normally added to the parking fee to create a combined park/launch payment. | | |
Daily Launch Fees: All Seasons | | |
| All parks unless listed below. | $3.00 | $3.00 |
| Claytor Lake | $2.00 | $2.00 |
| First Landing, Kiptopeke (with Marine Fishing License), Lake Anna | $4.00 | $4.00 |
| Kiptopeke (without Marine Fishing License), Leesylvania | $8.00 | $8.00 |
Surcharge for second boat on same trailer: jet ski | $2.00 | $2.00 |
Overnight parking at boat launch: where available | $10 | $10 |
Camper's Boat Launch Fee Kiptopeke: Does not apply if camper parks trailer at campsite. | $3.00 | $3.00 |
Boat Tournament Fee for Fishing Tournaments: Registration fee is based on the number of boats registered and is nonrefundable regardless of number that actually participates. This fee is in addition to the applicable daily launch fee. | No charge | $2.00 per boat |
| FEE |
Annual and Lifetime Parking Fees: | |
Lifetime Naturally Yours Passport Plus: Lifetime admission and parking pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals. | |
| Age up to 40 | $303 |
| Age 41-45 | $273 |
| Age 46-50 | $242 |
| Age 51-55 | $212 |
| Age 56‑61 | $182 |
Senior Lifetime Naturally Yours Passport Plus (Age 62 or older): See Lifetime Naturally Yours Passport Plus above. | $110 |
Naturally Yours Passport Plus: 12-month from date of purchase admission and parking pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals. | $61 |
Naturally Yours Parking Passport: 12-month from date of purchase admission and parking pass to park of purchase. | $36 |
Senior Naturally Yours Passport Plus: See Naturally Yours Passport Plus above. | $33 |
Senior Naturally Yours Parking Passport: See Naturally Yours Parking Passport above. | $22 |
Golden Disability Pass: Available to persons with disabilities as verified by U.S. Social Security Administration's (SSA) "Benefit Verification Letter." Pass remains in effect unless SSA withdraws eligibility. | No Charge |
Disabled Veterans Passport Admission, parking, and launch pass to all state parks, plus 50% discount on camping fees, swimming fees, shelter rentals, and department equipment rentals when provided by the department. Where equipment rentals are provided by private concessionaires, this passport does not apply. The passport shall be issued upon request to a veteran of the armed forces of the United States with a letter from the U.S. Department of Veterans Affairs, or from the military service that discharged the veteran, certifying that such veteran has a service-connected disability rating of 100%. This passport coverage shall be valid for as long as that determination by the U.S. Department of Veterans Affairs remains in effect. | No Charge |
Annual Horse Trailer-Vehicle Pass: 12-months from date of purchase admission and park pass, including horse trailer, good at all parks. | $79 |
Annual Horse Trailer-Vehicle Pass: Pocahontas and New River Trail Only. Valid only in combination with purchase of $30 horse arena annual pass. | $70 |
Annual Horse Trailer-Vehicle Pass: Occoneechee and Staunton River Only | $50 |
Annual and Lifetime Park/Launch Fees: | |
Lifetime Naturally Yours Passport Plus for Boaters: Lifetime admission, parking, and launch pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals. | |
| Age up to 40 | $606 |
| Age 41-45 | $545 |
| Age 46-50 | $485 |
| Age 51-55 | $424 |
| Age 56‑61 | $364 |
Senior Lifetime Naturally Yours Passport Plus for Boaters (Age 62 or older): See Lifetime Naturally Yours Passport Plus for Boaters above. | $314 |
Naturally Yours Passport Plus for Boaters: 12-month from date of purchase admission, parking, and launch pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals. | $152 |
Park/Launch Passport: | |
| 12-month from date of purchase admission, parking, and launch pass to all state parks including Leesylvania. | $128 |
| 12-month from date of purchase admission, parking, and launch pass to First Landing, Kiptopeke, or Lake Anna. Good only at park of purchase. | $97 |
| 12-month from date of purchase admission, parking, and launch pass to park of purchase other than Leesylvania, First Landing, Kiptopeke, or Lake Anna. | $79 |
Senior Naturally Yours Passport Plus for Boaters: Annual permit for all parks including Leesylvania. | $121 |
Senior Park/Launch Passport: | |
| 12-month from date of purchase admission, parking, and launch pass to all state parks including Leesylvania. | $109 |
| 12-month from date of purchase admission, parking, and launch pass to First Landing, Kiptopeke, or Lake Anna. Good only at park of purchase. | $79 |
| 12-month from date of purchase admission, parking, and launch pass to park of purchase other than Leesylvania, First Landing, Kiptopeke, or Lake Anna. | $66 |
Buggs Island Lake Special Annual Pass: Good only at Occoneechee and Staunton River State Parks. | $50 |
Leesylvania Annual Overnight Boating/Parking Pass. | $67 |
Disabled Visitor Annual Boat Launch Pass (in addition to disabled tags). | $44 |
Parks and Trails Passport: | |
| In conjunction with the purchase of an annual parking pass | $11 |
| Without the purchase of an annual parking pass | $17 |
Special Event Fees: | EVENT FEE |
Standard Special Event Parking Fee: Applies to all parks and events that utilize parking fees unless noted below. | $10 per vehicle |
Community Event Fee: May be used by any park as a condition of a Special Use Permit for a community event provided by a nonprofit group or organization or government agency or entity. | $1.00 per vehicle |
James River: James River Raft Race | $5.00 per vehicle |
Sky Meadows: Strawberry Festival. | |
| Advance payment | $15 per vehicle |
| Day of Event | $20 per vehicle |
Sky Meadows: Virginia Scottish Games | |
| Vehicle Parking | $5.00 per vehicle |
| Per Person Admission | $15 per person $5.00 per person, active military and active military family members $5.00 per child 6-12 years Children under 6 free |
New River Trail: Wythe County Heritage Day. Grayson Highlands Fall Festival. Hungry Mother Arts and Crafts Festival. | $6.00 per vehicle |
Claytor Lake Arts and Crafts Festival: Free parking with canned food donation on designated day. | $5.00 per vehicle with canned food donation on designated day $9.00 per two-day pass $12 per three-day pass $10 per vehicle |
Kiptopeke: Eastern Shore Birding Festival. | Parking Fee waived to registered festival guests; otherwise standard fees apply |
Smith Mountain Lake: special park/launch rate for boaters participating in fishing tournaments if the tournament sponsor has also rented the Tournament Headquarters Building. | $5.00 per vehicle/ boat combination |
Standard Special Event Per Person Entrance Fee: Applies to all parks and events that utilize per person admission fees unless noted below. | $4.00 per adult $3.00 per child, 6 through 12 years Children under 6 free |
Sailor's Creek Battlefield: Battle of Sailor's Creek Reenactment. | $5.00 per person Children under 6 free $10 maximum per vehicle $50 per bus (16 passenger +) |
Chippokes Plantation Steam and Gas Engine Show. | $5.00 per person Children under 12 free |
Chippokes Plantation Christmas. | $5.00 per person |
Chippokes Gospel Explosion | $10 per person $7.00 for advance ticket purchase Children under 12 free |
Chippokes Pork, Peanut & Pine Festival | $5 per person Children under 10 13 free |
Grayson Highlands Wayne C. Henderson Music Festival. | $10 per person Children under 12 free |
York River Estuaries Day. | $2.00 (Age 3 through 12) $3.00 (Age 13 and over) |
Natural Tunnel Special Event Parking Fee. | $2.00 per person $6.00 per vehicle |
Occoneechee Pow Wow | $5.00 per person (13 years and older) $3.00 per child, 3 through 12 years $3.00 Seniors (62 and over) free Children under 4 3 free |
| Occoneechee Pow Wow School Groups | $4.00 per student Teachers and Chaperones free |
Notes on parking fees:
1. Weekend rates apply on Memorial Day, Fourth of July, and Labor Day holidays.
2. No parking fee is required for up to two vehicles per campsite and per cabin at any state park during the period of overnight stay. Vehicles in excess of two shall pay the prevailing daily parking fee for each day that the vehicle is parked in the park.
3. Except as otherwise noted, boat launching shall be free for up to one boat per vehicle per campsite or cabin.
4. Parking fees are waived for any vehicle displaying disabled license plates or temporary disabled parking identification issued by any state or the federal government. However, the fee for any additional types of trailers, the boat launch fee or the portion of any combined parking-launching fee that applies to boat launching shall be collected from such vehicles. Additionally, the price for annual passes and lifetime passes that include boat launching for qualified disabled individuals shall be calculated by subtracting the applicable parking pass fee from the park/launch pass fee.
5. Parking fees are waived for any vehicle occupied solely by students and/or teachers and/or assisting personnel participating in an official activity of a bona fide school, home school, or institution of higher learning. Parks may require that individuals in vehicles other than those marked as a school bus verify their official activity by letter from the school or approved field trip form, or in the case of home school groups, proof of home school status such as current ID card from a state or national home school organization (HEAV, HSLDA, etc.) or a copy of the letter from the school district that acknowledges "Notice of Intent" to home school for that school year.
6. Parking fees are waived for official vehicles of federal, state, and local governments while on official business; vehicles making deliveries to the park; contractor and business vehicles performing work in the park; and emergency vehicles while conducting official business, including training.
7. Parking fees are waived for park employees during time of employment, including family and household members of staff occupying staff residences, visitors to staff residences, and park volunteers entering the park to perform volunteer duties.
8. Parking fees may be waived for vehicles conducting research or collecting activities provided such waiver is included in the language of the Research and Collection Permit as required in 4VAC5-30-50.
9. The period covered by a daily parking fee shall be midnight to midnight. Park guests utilizing overnight parking when and where available (e.g., backpackers, overnight fishermen, etc.) will be required to pay the applicable daily parking fee for each calendar day that their vehicle is in the parking lot (partial days included).
10. Annual permits shall be valid for 12 months from the date of purchase, unless otherwise noted.
11. Parking fees are waived for visitors entering the park for the sole purpose of dining at the park restaurant at Douthat and Hungry Mother State Parks.
12. Parking fees are waived at state parks for participants in Walk for Parks, Fall River Renaissance, Envirothons, March for Parks, Operation Spruce-Up Day, Stewardship Virginia, National Trails Day, and other park-sanctioned public service events as approved by the director.
13. Daily parking fees are reduced to $1.00 for vehicles occupied by participants in fund-raising events sponsored by nonprofit organizations (Walk-A-Thons, etc.) provided the sponsor has obtained a special use permit from the park that contains provisions for the identification of participants in the event.
14. Parking fees shall be waived for persons using park roads to gain legal access to their private residence and guests to such residences; and for vehicles passing through, but not stopping in, a park on a public roadway.
15. Revenue collected from special event parking and/or admission fees may be divided between the park and the event sponsor if so designated and approved in the special event permit following a determination made by the director that the revenue split is in the benefit of the Commonwealth.
16. Annual Park/Launch pass also covers the park entrance or parking fee for horse trailers or other allowable trailers. Annual and Lifetime parking-only passes do not include trailers.
17. Parking fees are waived for service vehicles such as tow trucks when entering the park to service a visitor vehicle.
18. Parking fees are waived for visitors entering the park to attend a performance by a U.S. military band if this is a required condition for the band's performance.
19. Parking fees are included in the rental fees for meeting facilities, up to the capacity of the facility and provided that this waiver of fee is included in the rental agreement for the facility.
20. Parking fees are waived for a period of up to 15 minutes for persons entering the park to deposit materials in community recycling collection containers.
21. Parking fees are waived for vehicles occupied entirely by persons attending fee interpretive programs.
22. Annual parking passes that do not include boat launch require payment of daily launch fee if launching a boat at any park or for all vehicles using Croaker Landing/Pier Area at York River State Park.
23. Annual parking pass holders are not guaranteed the parking privileges of the pass should parking places be unavailable.
24. Parking fees are waived at Mason Neck during the park's annual Elizabeth Hartwell Eagle Festival.
25. The payment of a parking fee at one park shall be applied to parking at any state park on the same day provided that the visitor supplies evidence of the paid parking fee.
4VAC5-36-60. Admission fees.
ADMISSION FEES (NONTAXABLE) |
| DAILY ADMISSION PER PERSON (Weekdays and Weekends unless otherwise noted.) | ANNUAL PASS (Good for 12 months from date of purchase.) |
Shot Tower | Free | NA |
Southwest VA Museum | $1.50 (Groups of 10 or more any age) (Groups of 10 or more: age 6 through 12) $3.00 (Groups of 10 or more: age 13 and up) | $3.00 (age 6 through 12) per year NA |
$2.00 (Ages 6 through 12) | $5.00 (age 13 and over) per year $5.00 (age 6 through 12) per year |
$3.00 $4.00 (Age 13 and up) | $15 (family: up to 2 adults and 2 children) per year $10 (age 13 and over) per year |
NA | $15 (family: up to 2 adults and 2 children) per year |
Kiptopeke Fishing Pier Fishing Fee | $1.00 (Age 6 through 12) $3.00 (Age 13 and over) | NA |
Kiptopeke Fishing Pier Fishing Fee: Coupon book good for 10 visits | $20 per 10 Passes | NA |
Annual Night Fishing: All parks where available (also requires parking fee) | $15 per person per year | |
Late Night Fishing: All parks where available (also requires parking fee) | $3.00 per person per night | |
| ADMISSION |
Natural Tunnel Chairlift: | |
| Children under age 6 | Free |
| Round trip per person | $3.00 |
| One-way per person | $2.00 |
| Group Rate Round Trip per person (10 or more) | $2.00 |
| Season Pass | $20 |
| Daily Pass (Good for unlimited trips on date of issue, good for one person only) | $6.00 |
Archery Range: All parks where available; per person user fee | $2.00 per day (over 15) (over 12) $1.00 per day (under 15) (age 3 through 12) $15 per year (any age) |
| Bear Creek Lake | $5.00 per day (over 12) $3.00 per day (age 3 through 12) $45 per year (any age) $3.00 per person, per day group fee (minimum of 10 participants) |
James River: River Raft Race Registration | $15 per person |
Pocahontas & New River Trail Horse Show Admission | $5.00 per person Children 12 & under free |
Park Sponsored Special Event Vendor Fees. All parks where available unless otherwise noted. | $125 per merchandise vendor $150 per food vendor |
Occoneechee Pow Wow | $150 per merchandise vendor $175 per food vendor |
Mason Neck Harvest Festival Fall Special Event. | $50 per vendor |
Caledon Art & Wine Festival | $50 per artist vendor $100 per winery vendor |
New River Trail | $25 per merchandise vendor $25 per food vendor |
Notes on admission/entrance fees:
1. Fees are waived at Natural Tunnel for use of the chairlift on one designated "Customer Appreciation Day" per year.
2. Museum entrance fees are waived at the Southwest Virginia Museum during the "Festival of Trees" event for members of groups who submitted trees for the display.
3. For park museums and historic features that charge an entrance fee, visitors participating in the Time Travelers program of the Virginia Association of Museums shall be charged the existing per person group rate for that facility.
4VAC5-36-80. Commercial and nonprofit user fees.
COMMERCIAL AND NONPROFIT ORGANIZATIONAL USERS FEES (NONTAXABLE)
PERMIT TYPE: | DAILY FEE | ANNUAL FEE |
Commercial Parking and State Park Use Permit Fees: Required for for-profit companies and businesses that use the lands and/or facilities of a state park to deliver services to the public for a fee, and when such use is similar or the same as the general public use, unless permitted by other means. May not be used to establish exclusive or continuous concession-type services. Activities of this type include but are not limited to canoe, horse, bicycle, or hiking trip outfitters and rental agencies (if they deliver equipment or services on park property), caterers, and for-profit day care centers (note that some day care centers are government or nonprofit). The agency reserves the right to withhold this or any other permit or license for commercial use of parks when such use is deemed to be not in keeping with the mission or intended purpose of the park, conflicts or interferes with other use of the park, or creates an unreasonable burden on the management of the park. Licensed commercial fishermen are not required to pay this fee, but are required to pay the applicable public user fee for the use of state park boat launches. | | |
| For 1 or 2 passenger vehicles (up to 15-passenger vans) (passenger vehicles up to 15-passenger vans) or one bus and one passenger vehicle | $10 | NA |
| For 1 to 6 passenger vehicles (up to 15-passenger vans) (passenger vehicles up to 15-passenger vans) or two buses and two passenger vehicles | NA | $200 $250 |
Commercial Parking/Launching/Horse Riding Fees: Required for for-profit companies and businesses that use the lands and/or facilities of a state park to deliver services to the public for a fee, and when such use is similar or the same as the general public use, unless permitted by other means. May not be used to establish exclusive or continuous concession-type services. | | |
| For 1 or 2 passenger vehicles (up to 15-passenger vans) (passenger vehicles up to 15-passenger vans) and/or passenger vehicle with trailer combinations; or one bus and one passenger vehicle and/or passenger vehicle with trailer combination | $14 | NA |
| For 1 to 6 passenger vehicles (up to 15-passenger vans) (passenger vehicles up to 15-passenger vans) and/or passenger vehicle with trailer combinations; or two buses and two passenger vehicles and/or passenger vehicle with trailer combinations | NA | $250 $300 |
Nonprofit Organization Parking Fees: These fees may be utilized only by nonprofit organizations engaged in the activities or purposes of the organization. | | |
| For 1 or 2 passenger vehicles (up to 15-passenger vans) (passenger vehicles up to 15-passenger vans) or one bus and one passenger vehicle | $4.00 | $30 |
| For 1 to 6 passenger vehicles (up to 15-passenger vans) (passenger vehicles up to 15-passenger vans) or two buses and two passenger vehicles | $9.00 | $70 |
Nonprofit Organization Parking/Launching Fees: These fees may be utilized only by nonprofit organizations engaged in the activities or purposes of the organization. | | |
| For 1 or 2 passenger vehicles (up to 15-passenger vans) (passenger vehicles up to 15-passenger vans) and/or passenger vehicle with trailer combinations; or one bus and one passenger vehicle and/or passenger vehicle with trailer combination | $6.00 | $65 |
| For 1 to 6 passenger vehicles (up to 15-passenger vans) (passenger vehicles up to 15-passenger vans) and/or passenger vehicle with trailer combinations; or two buses and two passenger vehicles and/or passenger vehicle with trailer combinations | $10 | $130 |
4VAC5-36-90. Camping fees.
CAMPING FEES (TAXABLE, Price here does not include tax)
Camping fees include free use of dump station and free swimming and boat launching for members of the camping party during their stay at the property, when and where available, except that at Kiptopeke State Park guest is subject to applicable launch fee unless the trailer is returned to the campsite immediately after launching. The number of campers per campsite is limited to six individuals except when all campers are members of the same household. | ALL SEASONS (Per site fees) |
Standard Sites: No hookup; access to bathhouse and restrooms. | |
| All parks with standard sites unless noted below. | $16 per night |
| Hungry Mother, Grayson Highlands, Staunton River, Westmoreland, Occoneechee (nonwaterfront), Claytor Lake, Raymond R. "Andy" Guest, Jr. Shenandoah River, Smith Mountain Lake. | $20 per night |
| Occoneechee Waterfront Sites | $23 per night |
| Douthat, Kiptopeke, First Landing, Lake Anna. | $24 per night |
Water and Electric Sites: Access to water and electric hookups; access to bathhouse and restrooms. | |
| All parks where available unless noted below. | $22 per night |
| Chippokes Plantation, Claytor Lake, Douthat, Fairy Stone, Grayson Highlands, Hungry Mother, Occoneechee (nonwaterfront), Staunton River, Westmoreland, Pocahontas, Smith Mountain Lake, Belle Isle, James River. | $25 per night |
| Occoneechee Waterfront Sites | $28 per night |
| Kiptopeke, First Landing, Lake Anna, Shenandoah. | $30 per night |
Water, Electric, and Sewage Sites: Access to water, electric, and sewage hookups; access to bathhouse and restrooms. | |
| Kiptopeke | $35 per night |
| Hungry Mother | $28 per night |
Primitive Camping Sites: primitive restrooms; no showers. | |
| All parks where available unless noted below. | $11 per night |
| James River, Sky Meadows. | $13 per night |
| Grayson Highlands: Sites with electricity (November, March and April when bathhouses are closed) | $15 per night |
| Occoneechee (persons renting the entire equestrian campground will receive a 10% discount on the combined price for sites and stalls, including transaction fees). | $15 per night |
| New River Trail Primitive camping sites at Foster Falls and Cliffview | $15 per night |
| New River Trail Water Trail Camping (no potable water) | $12 per night |
Horse Camping | |
| Horse Stall Fee | $7.00 per night (Outside Stalls) $9.00 per night (Inside Stall) |
Standard Rates | |
Primitive Group Camp Rental (camping in special primitive group areas) All parks where available. | |
| Up to 20 campers. | $61 for entire area per night |
| Up to 30 campers. | $91 for entire area per night |
| 31 or more campers, up to maximum capacity of group camp area. | $122 for entire area per night |
| Grayson Highlands: Primitive camping is available in the stable area November, March, and April. | $15 per site per night |
Special Group Camping Areas: | |
| Fairy Stone Group Campsites. | $20 per site per night |
| Twin Lakes, Cedar Crest Group Camping Area. | $210 for entire area per night |
| Chippokes Plantation: All 4 Sites; Group Rate; 24 persons maximum. Natural Tunnel Group Area. Grayson Highlands Group Area. James River Group Area. Shenandoah Group Area. | $67 per night (only available as entire group area) |
| Westmoreland Group Area. | $122 per night |
| Standard Buddy Sites: All parks where available unless noted below. | $78 per night |
| Douthat Buddy Sites. | $97 per night |
| James River Equestrian Group Area (persons renting the entire equestrian campground will receive a 10% discount on the combined price for sites and stalls, including transaction fees). | $91 $216 per night |
Camping – Other Fees | |
| Camping Site Transaction Fee: Applies to each purchase transaction of a camping visit to a campsite (i.e., one transaction fee per camping visit per site no matter how many nights). Applies to Internet, reservation center, and walk up visits. | $5.00 |
| Pet Fees (this fee does not apply to service or hearing dogs identifiable in accordance with § 51.5-44 of the Code of Virginia). | $5.00 per pet per night |
| Dump Station Fee: Free to state park campers during stay. | $5.00 per use |
| Camping Reservation Cancellation Fee Individual Site. | $10 per reservation |
| Camping Reservation Cancellation Fee Group Sites. | $30 per reservation |
| Hiker or noncamper Shower Fee at Virginia State Parks. | $5.00 per person |
Notes on camping:
1. Check-out time is 3 p.m. and check-in time is 4 p.m.
2. Camping Transfer/Cancellation/Early Departure Policy.
a. Any fees to be refunded are calculated less the applicable cancellation fee(s).
b. Fees paid to the reservation center by credit card will be refunded to the original credit card charged.
c. Fees paid by check or money order to the reservation center, or by any method at the park, will be refunded by state check.
d. A customer may move a camping reservation to another date or park, referred to as a transfer, through the reservation center only, and prior to 4 p.m. on the scheduled date of arrival. If the reservation center will not be open again prior to the start date of the reservation, transferring is not an option. There is no fee to transfer.
e. A camping reservation may be canceled until 4 p.m. on the scheduled date of arrival but campers will be charged the cancellation fee. This cancellation fee applies to each separate reservation made.
f. Once the 4 p.m. check-in time is reached on the scheduled day of arrival, any adjustment to a reservation is considered an early departure.
g. After the check-in time is reached, the first night is considered used whether the site is occupied or not.
h. There is a one-night penalty, deducted from any amount available for refund, for early departure.
3. Campers are allowed two vehicles per campsite per day without charge of a parking fee. Additional vehicles, beyond two, must pay the prevailing parking fee in effect at the park for each day that the vehicle(s) is parked in the park. The number of vehicles allowed to park on the campsite varies according to site design and size of other camping equipment. No vehicles shall park on a campsite in other than the designated area for this purpose. Camper vehicles that do not fit on the site, whether or not they require the special camper vehicle fee, must park in the designated overflow parking area.
4. Each member of the camping party, except in primitive group areas, up to the maximum allowable per site, may receive an entrance pass to the park's swimming facility on the basis of one pass per night of camping. Passes only issued during days and seasons of operation of the swimming facility and only good during the member's registered stay.
5. Damage to campsites, not considered normal wear and tear, will be billed to the person registered for the campsite on an itemized cost basis.
6. At honor collection sites, the stated camping fees on this list shall be considered as having tax included. Honor collection is defined as the payment of the camping fee on-site at the park at a nonelectronic collection point at which the payment is placed in a box or safe provided for that purpose.
7. Horse stalls may only be rented in conjunction with the rental of a campsite in the equestrian campground and a person must occupy the campsite. All horses brought to the park by overnight guests must be kept in rental stalls except in primitive equestrian areas at New River Trail and James River State Parks.
4VAC5-36-100. Cabin fees.
CABIN RENTALS (TAXABLE, Price here does not include tax) |
| BASE RATE | VIRGINIA RESIDENTS |
PRIME SEASON CABIN AND LODGE RATES |
Cabin/Lodge Type | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee |
| Efficiency | $84 | $502 | $75 | $450 |
| One Bedroom, Standard | $98 | $589 | $88 | $529 |
| One Bedroom, Waterfront or Water View | $108 | $652 | $97 | $582 |
| One Bedroom, Chippokes Plantation | $113 | $686 | $104 | $617 |
| Two Bedroom, Standard, all parks where available unless noted below | $112 | $680 | $102 | $613 |
| Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna, Shenandoah | $118 | $713 | $106 | $643 |
| Two Bedroom, Waterfront or Water View, all parks where available unless noted below | $125 | $749 | $112 | $674 |
| Two Bedroom, Waterfront or Water View, Bear Creek Lake, Occoneechee, Lake Anna | $130 | $784 | $118 | $706 |
| Two Bedroom, First Landing, Chippokes Plantation | $132 | $791 | $119 | $712 |
| Three Bedroom, Standard, all parks where available unless noted below | $129 | $771 | $116 | $692 |
| Three Bedroom, Chippokes Plantation, Bel Air Guest House | $149 | $898 | $134 | $809 |
| Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage, Shenandoah | $149 | $888 | $130 | $798 |
| Hill Lodge (Twin Lakes) | $167 | $1,002 | $150 | $902 |
| Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle) | $301 | $1,802 | $270 | $1,622 |
| Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland) | $354 | $2,124 | $318 | $1,913 |
| 6-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake, Shenandoah | $371 | $2,226 | $334 | $2,004 |
MID-SEASON CABIN AND LODGE RATES |
Cabin/Lodge Type | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee |
| Efficiency | $74 | $446 | $67 | $401 |
| One Bedroom, Standard | $87 | $523 | $80 | $470 |
| One Bedroom, Waterfront or Water View | $96 | $574 | $86 | $519 |
| One Bedroom, Chippokes Plantation | $101 | $611 | $93 | $549 |
| Two Bedroom, Standard, all parks where available unless noted below | $101 | $605 | $91 | $545 |
| Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna, Shenandoah | $105 | $634 | $96 | $570 |
| Two Bedroom, Waterfront or Water View, all parks where available unless noted below | $111 | $666 | $100 | $599 |
| Two Bedroom, Waterfront or Water View, Bear Creek Lake, Occoneechee, Lake Anna | $117 | $697 | $104 | $627 |
| Two Bedroom, First Landing, Chippokes Plantation | $117 | $704 | $106 | $634 |
| Three Bedroom, Standard, all parks where available unless noted below | $113 | $686 | $104 | $617 |
| Three Bedroom, Chippokes Plantation, Bel Air Guest House | $133 | $799 | $119 | $720 |
| Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage, Shenandoah | $133 | $790 | $116 | $710 |
| Hill Lodge (Twin Lakes) | $149 | $891 | $133 | $802 |
| Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle) | $267 | $1,603 | $240 | $1,442 |
| Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland) | $315 | $1,892 | $284 | $1,702 |
| 6-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake, Shenandoah | $331 | $1,982 | $297 | $1,783 |
OFF-SEASON CABIN AND LODGE RATES |
Cabin/Lodge Type | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee |
| Efficiency | $62 | $372 | $57 | $335 |
| One Bedroom, Standard | $72 | $436 | $65 | $392 |
| One Bedroom, Waterfront or Water View | $81 | $478 | $71 | $432 |
| One Bedroom, Chippokes Plantation | $84 | $508 | $77 | $457 |
| Two Bedroom, Standard, all parks where available unless noted below | $84 | $504 | $75 | $454 |
| Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna, Shenandoah | $88 | $528 | $79 | $475 |
| Two Bedroom, Waterfront or Water View, all parks where available unless noted below | $92 | $554 | $83 | $499 |
| Two Bedroom, Waterfront or Water View, Bear Creek Lake, Occoneechee, Lake Anna | $97 | $581 | $87 | $522 |
| Two Bedroom, First Landing, Chippokes Plantation | $98 | $585 | $88 | $527 |
| Three Bedroom, Standard, all parks where available unless noted below | $95 | $570 | $85 | $512 |
| Three Bedroom, Chippokes Plantation, Bel Air Guest House | $110 | $664 | $99 | $597 |
| Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage, Shenandoah | $110 | $657 | $96 | $591 |
| Hill Lodge (Twin Lakes) | $124 | $741 | $111 | $667 |
| Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle) | $222 | $1,332 | $201 | $1,199 |
| Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland)) | $263 | $1,573 | $237 | $1,415 |
| 6-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake, Shenandoah | $275 | $1,649 | $249 | $1,483 |
CAMPING CABINS, CAMPING LODGES, YURTS, AND TRAVEL TRAILERS (camping cabins, camping lodges, yurts, and travel trailers located in campgrounds and operated in conjunction with the campground) | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee |
Camping Cabin rental rate: (2-night minimum rental required) | $49 | NA | $45 | NA |
| Yurt rental: Standard fee | $98 | $589 | $88 | $529 |
| Travel Trailers: 25-30' Standard fee | $98 | $589 | $88 | $529 |
| Camping Lodges: Standard fee | $98 | $589 | $88 | $529 |
Additional Cabin Fees: |
| Cabin Transaction Fee: Applies to each purchase transaction of a visit to a cabin (i.e., one transaction fee per cabin visit per site no matter how many nights). Applies to Internet, reservation center, and walk up visits. | $5.00 |
| Additional Bed Rentals | $3.00 per rental night |
| Additional linens at all parks unless otherwise noted. One set of linens is 1 sheet set (1 fitted sheet, 1 flat sheet, and 1 pillowcase) or 1 towel set (1 bath towel, 1 hand towel, and 1 washcloth or 2 bath towels and 1 washcloth) | $2.00 per sheet set $2.00 per towel set |
| Cabin Cancellation Fee: Applies to all lodging in this section except as described below in "Lodge Cancellation Fee" | $20 per cancellation period: See notes on Cabin Transfer/Cancellation/Early Departure Policy. |
| Lodge Cancellation Fee: Applies to Fairy Stone Lodge, Douthat Lodge, Hungry Mother Lodge, Potomac River Retreat, and all 6-bedroom park lodges | $50 per cancellation period: See notes on Cabin Transfer/Cancellation/Early Departure Policy |
| Pet Fee (this fee does not apply to service or hearing dogs identifiable in accordance with § 51.5-44 of the Code of Virginia). | $10 per pet per night |
Pocahontas Group Cabins | DAY | WEEK |
| Algonquian Ecology Camp Dining Hall: 8 a.m. to 10 p.m. for day use, 24-hour use when rented with cabins | $236 | $1,181 |
| Swift Creek Dining Hall: 8 a.m. to 10 p.m. for day use, 24-hour use when rented with cabins | $275 | $1,375 |
| Dining Hall: fee for partial day rental when associated with full day rental as noted above | $140 | NA |
Cabin Units: per unit, per night | $112 | $560 |
| Complete Algonquian Ecology Camp (4 units: 112 capacity) with Dining Hall | $460 | $2,300 |
| Complete Swift Creek Camp (2 units: 56 capacity) with Dining Hall | $375 | $1,875 |
Refundable security deposit charged for all reservations | $100 per reservation |
Notes on Pocahontas Group Cabins:
Pocahontas Group Cabins: Reservations of $200 or more require a 25% prepayment, due within 14 days of making the reservation. Balance of fees is due 60 days prior to the reservation start date. Reservations of less than $200 require payment in full to confirm the reservation, due within 14 days of making the reservation. Cancellations made 30 days or more prior to the first day of the reservation shall receive a refund less a $30 per unit cancellation fee. Cancellations made less than 30 days prior to the first date of the reservation receive no refund unless the units are subsequently rented, in which case the refund shall be full price minus $30 per unit.
Notes on cabins:
1. Seasonal cabin rates shall be in effect according to the following schedule, except for camping cabins, camping lodges, yurts, and travel trailers, which operate on the same schedule and season as the campground at that particular park. In the event that a weekly rental period includes two seasonal rates, the higher rate will apply for the entire weekly rental period.
PARK | PRIME SEASON | MID-SEASON | OFF-SEASON |
Bear Creek Lake Belle Isle Chippokes Plantation First Landing Kiptopeke Lake Anna Occoneechee Southwest Virginia Museum Staunton River Twin Lakes Westmoreland | Friday night prior to Memorial Day through the Sunday night prior to Labor Day | April 1 through the Thursday night prior to Memorial Day, and Labor Day through November 30 | December 1 through March 31 |
Claytor Lake Douthat Fairy Stone Hungry Mother James River Smith Mountain Lake Shenandoah | Friday night prior to Memorial Day through the Sunday night prior to Labor Day, and October 1 through October 31 | April 1 through the Thursday night prior to Memorial Day, and Labor Day through September 30, and November 1 through November 30 | December 1 through March 31 |
2. All dates refer to the night of the stay; checkout time is 10 a.m. and check-in time is 3 p.m.
3. The following holiday periods are charged prime season weekend rates: the Wednesday, Thursday, Friday, and Saturday period that includes Thanksgiving Day; and Christmas Eve and Christmas Day; and New Year's Eve and New Year's Day.
4. Cabin guests are allowed two vehicles per cabin per day without charge of parking fee. Additional vehicles must pay the prevailing parking fee for each day that the vehicle is parked in the park. The number of vehicles allowed to park at the cabin varies according to site design and other factors. All vehicles must park in designated parking areas, either at the cabin or in the designated overflow parking area.
5. Lodge guests are allowed six vehicles per lodge per day without charge of parking fee. Additional vehicles must pay the prevailing vehicle parking fee for each day the vehicle is parked in the park. The number of vehicles allowed to park at the lodge varies according to site design and other factors. All vehicles must park in designated parking areas, either at the lodge or in the designated overflow parking area.
6. Damage to cabins, not considered normal wear and tear, may be billed to the person registered for the cabin on an itemized cost basis.
7. Each member of the cabin rental party, up to the maximum allowable for the rented unit, may receive an entrance pass to the park's swimming facility on the basis of one pass per night of rental. Passes are only issued during days and seasons of operation of the swimming facility and are only good during the member's registered stay.
8. Employees of DCR and the members of committees and boards of DCR shall receive a discount of 50% on applicable cabin rates for any season, when the rental of such cabins is in connection with the official business of DCR or its committees or boards.
Notes on cabin transfer/cancellation/early departure policy:
1. Any fees to be refunded are calculated less the applicable cancellation fees listed below.
2. Fees paid to the reservation center by credit card will be refunded to the original credit card charged.
3. Fees paid by check or money order to the reservation center, or by any method at the park, will be refunded by state check.
4. A customer may move a cabin reservation to another date or park, referred to as a transfer, through the reservation center only, and prior to 5 p.m. on the Monday before the scheduled date of arrival. After 5 p.m. on the Monday before the scheduled date of arrival, cancellation is the only option (see note 5 below) except that transfers to a different cabin for the same rental nights shall be allowed, subject to availability, up to the check in time for the original reservation.
5. Once the reservation is paid for, a customer may cancel in full with payment of the required cancellation fee if there are more than 30 days before the scheduled arrival date. As long as the reservation is not during the one-week minimum stay requirement period, the length of stay may be reduced without a fee as long as there are more than 30 days before the scheduled arrival. However, the length of stay cannot be less than two nights. During the 30 days prior to the scheduled arrival date, the cancellation fee is charged for each night cancelled or reduced from the stay. Once the official check-in time on the scheduled arrival date is reached, the cancellation policy is no longer in effect and the early departure policy applies.
6. Once the 3 p.m. check-in time is reached on the scheduled day of arrival, any adjustment to a reservation is considered an early departure. There is a two night minimum charge associated with all cabin stays. Reducing the total nights stayed will incur a $20 per night fee. If the original reservation was for a week, the weekly discount will no longer be valid and the fee will be adjusted to the nightly rate before any refunds are calculated.
4VAC5-36-110. Picnic shelters fees.
PICNIC SHELTERS (TAXABLE)
The shelter rental periods shall be from park opening until park closing, unless otherwise specified. | DAY |
Standard Small Picnic Shelter Rental Fee: Bear Creek Lake, Belle Isle, Caledon, Chippokes Plantation, Claytor Lake (including gazebo), Douthat, Holliday Lake, Hungry Mother (half shelter), Lake Anna, Natural Tunnel, New River Trail, Occoneechee, Pocahontas, Smith Mountain Lake, Twin Lakes, Westmoreland, York River, and all other small park picnic shelters. | $53 |
Standard Large Picnic Shelter Rental Fee: Belle Isle, Chippokes Plantation, Claytor Lake, Douthat Fairy Stone, First Landing, Grayson Highlands, Hungry Mother (full shelter), James River, Kiptopeke, Lake Anna, Natural Tunnel, Occoneechee, Pocahontas, Shenandoah, Smith Mountain Lake (Pavilion), Staunton River, Staunton River Battlefield, Twin Lakes, Westmoreland, York River, and all other large park picnic shelters. | $84 |
Shenandoah Large Group Shelter | $95 |
Leesylvania Shelter Rental | $126 |
Leesylvania: Lee's Landing Picnic Area Rental | $58 |
Leesylvania: Lee's Landing Picnic Shelter | $315 |
| With 15 tables and 100 chairs | $735 |
Mason Neck Picnic Area Rental |
| Without tent shelter | $58 |
| With tent shelter (seasonably available) | $126 |
Chippokes Plantation Conference Shelter (with kitchen) | $105 per function |
Chippokes Plantation Conference Shelter (without kitchen) | $63 per function |
Mini-Shelter: All parks where available unless otherwise noted. | $21 |
Event Tent Rental: Full day in-park rental only. Price includes set up and take down. |
| Standard fee: All parks where available unless otherwise noted. | $0.38 per square foot |
| Chippokes Plantation, Douthat, Kiptopeke, Lake Anna, Pocahontas, Shenandoah River, Sky Meadows, Smith Mountain Lake, York River. | $0.45 per square foot |
| False Cape, First Landing, Leesylvania, Mason Neck. | $0.50 per square foot |
| Standard 10' x 10' event tent | $25 per day |
| Westmoreland, Caledon Natural Area: 20' x 40' tent with tables and chairs | $400 per day |
| White String Lights for Tent | $0.80 per foot |
| Side Panels for Tent | $1.50 per foot |
Standard Shelter Cancellation Fee: Cancellation fee deducted from refund if refund is made more than 14 days prior to the reservation date. No refunds if cancellation made within 14 days prior to date. Shelter reservation may be transferred without penalty if the change is made through the reservations center prior to scheduled use. | $10 |
4VAC5-36-115. Horse arena fees.
HORSE ARENAS (TAXABLE) |
| HALF-DAY | DAY |
Group Rental of Entire Horse Arena Facility | |
| New River Trail (includes lights) | $250 | $400 $450 |
| Pocahontas (8 a.m. until dark, no lights available) | $180 | $300 |
| WEEKDAYS | WEEKENDS |
Individual Horse Arena Facility Use Daily Pass (does not include parking fee) | |
| New River Trail and Pocahontas | $5.00 per person | $6.00 per person |
Individual Horse Arena Facility Use Annual Pass (does not include parking fee) New River Trail and Pocahontas | $30 per person |
4VAC5-36-120. Amphitheater and gazebo fees.
AMPHITHEATERS AND GAZEBOS (TAXABLE, Price here does not include tax) |
Amphitheater or Gazebo Rental Fee: The amphitheater or gazebo rental periods shall be from park opening until park closing unless otherwise specified. | DAY |
| Leesylvania, Fairy Stone, Staunton River, Kiptopeke and all other amphitheaters and gazebos unless noted below. | $32 |
| Hungry Mother, Occoneechee, Westmoreland, New River Trail, Shenandoah River (overlook). | $53 |
| Smith Mountain Lake, Natural Tunnel (gazebo at Cove Ridge), James River, First Landing (gazebo at Chesapeake Bay Center). | $74 |
| Claytor Lake (gazebo) | $84 |
| York River and Douthat | $105 |
| Shenandoah Overlook Rental | $16 per half-day $32 per full day |
| Natural Tunnel and First Landing Amphitheaters: Private group or company rate: | $315 |
| Natural Tunnel and First Landing Amphitheaters: Educational group. | $158 |
| Natural Tunnel Amphitheater Wedding Package: Three consecutive half-day rental periods. | $420 per package |
| First Landing: Courtyard at Chesapeake Bay Center; includes amphitheater and gazebo. | $788 |
| First Landing: Additional hourly charge for hours beyond 10 p.m. for gazebo. | $11 per hour |
| First Landing: Additional hourly charge for hours beyond 10 p.m. for Courtyard. | $53 per hour |
| Fishing Tournament Staging. All parks where available. | $26 |
| Pocahontas Amphitheater Area: Without Heritage Center. Includes Amphitheater, Exhibit Area, Restrooms and use of sound system. | $630 |
| Pocahontas Amphitheater Area Plus Heritage Center | $840 |
| Parking Attendant (per attendant). | $11 per hour |
| Law Enforcement Officer (per officer). | $26 per hour |
| Natural Tunnel: Rental of Observation Deck at mouth of tunnel for dinner parties. Includes use of chairlift for transportation of guests and supplies and set-up/take-down of tables and chairs. | $300 per 4 hours |
| Natural Tunnel Amphitheater Concession Building | $42 |
| Natural Tunnel: Sound System Rental | $32 |
Stage Cover Rental: | |
| Occoneechee | $26 |
Standard Amphitheater/Gazebo Cancellation Fee: Cancellation fee deducted from refund if refund is made more than 14 days prior to the reservation date. No refunds if cancellation made within fourteen days prior to date. | $11 |
| All parks unless listed below. | $11 |
| Pocahontas Amphitheater or First Landing Courtyard | $105 |
4VAC5-36-130. Boat storage fees.
BOAT STORAGE (TAXABLE, Price here does not include tax)
Boat Storage Fees | FEE |
Standard Annual Boat Storage Fee: Bear Creek Lake, Douthat, Hungry Mother, and all other parks where available unless noted below. | $35 |
Leesylvania Boat Storage Fees: Annual Fee (Dec. 1 – Nov. 30). Fee prorated for partial year on a months-remaining basis. Fee includes one park/launch pass per storage rental space to coincide with the rental period. | |
| Boat Length Up To 16' | $755 |
| Boat Length Up To 17' | $800 |
| Boat Length Up To 18' | $850 |
| Boat Length Up To 19' | $895 |
| Boat Length Up To 20' | $945 |
| Boat Length Up To 21' | $990 |
| Boat Length Up To 22' | $1,035 |
| Boat Length Up To 23' | $1,085 |
| Boat Length Up To 24' | $1,155 |
| Boat Length Up To 25' | $1,210 |
Leesylvania Canoe/Kayak Storage: Renter must possess an annual parking pass | $10 per month |
Staunton River Boat Shed Fees: Does not include parking or launching fee, if applicable | |
| Nightly Storage | $4.00 |
| Monthly Storage | $15 |
| Six-Month Storage | $70 |
| One-year boat storage | $120 without annual park/launch pass $150 with Buggs Island Special pass |
Claytor Lake: Boat Dock Slips: | FEE PER RENTAL SEASON | FEE PER RENTAL NIGHT |
| 7' wide and under | $360 $425 | $9.00 $10 |
| 9' wide and under | $560 $650 | $18 $20 |
| 14' wide and under | $715 $825 | $18 $20 |
| Extended length slips | $605 $700 | |
4VAC5-36-140. Interpretive canoe, boat, and paddleboat fees.
INTERPRETIVE CANOE, BOAT, AND PADDLEBOAT PROGRAMS (NONTAXABLE) |
Interpretive Canoe, Boat, and Paddleboat Tours: | FEE |
Environmental Education Group Canoe Tour: Available only to bona fide educational groups. Requires previous reservation and arrangements. Minimum 4 10 persons. Mason Neck and all other parks where available unless otherwise noted. | $3.00 per person |
Standard Canoe Interpretive Tour Fee for Individuals: Applies to canoe, rowboat, or paddleboat tours. Child riding as third passenger, where allowed, is free. | |
| Individuals at all parks unless noted below. | $5.00 per person |
| Individuals at Leesylvania, York River, Pocahontas, Kiptopeke. | $9.00 per person |
| Individuals at Mason Neck. | $15 per person |
| Individuals at Natural Tunnel. | $12 per person |
| Individuals at False Cape: Back Bay Interpretive Tour. | $16 per person |
| Family Groups at all parks unless noted below. Minimum 4 paying customers. | $4.00 per person |
| Family Groups at Leesylvania, Pocahontas, York River, Kiptopeke. Minimum 4 paying customers. | $6.00 per person |
| Family Groups at Mason Neck. | $9.00 per person |
| Group rate at Natural Tunnel (minimum 8 10 paying customers). | $10 $12 per person |
Sunset, Moonlight, Dawn, or Extended Canoe Interpretive Tour Fee for Individuals: Applies to canoe, rowboat, or paddleboat tours. | |
| All parks where offered unless noted below. | $6.00 per person |
| Sunset, Dawn, Extended Canoe Interpretive Tour Fee for Individuals: Leesylvania, York River. | $11 per person |
| Sunset, Dawn, Extended Canoe Interpretive Tour Fee for Individuals: New River Trail, Mason Neck. | $15 per person |
| Extended Canoe Interpretive Tour Fee for Individuals: Grayson Highlands. | $25 per person |
| Moonlight/Night Canoe Interpretive Tour Fee for Individuals: Leesylvania, York River. | $13 per person |
| Moonlight/Night Canoe Interpretive Tour Fee for Individuals: Mason Neck. | $20 per person |
Sunset, Moonlight, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: Applies to canoe, rowboat, or paddleboat tours. Minimum four paying customers. | |
| All parks where offered unless otherwise noted. | $5.00 per person |
| Sunset, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: Leesylvania, York River. Requires 4 or more paying customers. | $7.00 per person |
| Sunset, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: New River Trail, Mason Neck. | $11 per person |
| Moonlight/Night Canoe Interpretive Tour Fee for Family Groups: Leesylvania, York River. Requires 4 or more paying customers. | $8.00 per person |
| Extended Canoe Interpretive Tour Fee for Family Groups: Grayson Highlands. | $25 per person |
| Overnight Canoe Tour: Mason Neck/Leesylvania/Widewater (includes tents and dinner). | $145 per person |
Bear Creek Lake: Willis River Interpretive Canoe Tour | |
| Short Trip. | $8.00 per person |
| Long Trip. | $10 per person |
Natural Tunnel Clinch River: | |
| Half-Day Trip Group Rate. Requires 8 10 or more paying customers. | $12 per person |
| Full-Day Trip. Group Rate. Requires 8 10 or more paying customers. | $20 per person |
| Half-Day Trip. Individuals. | $15 per person |
| Full-Day Trip. Individuals. | $25 per person |
| Overnight Trip. Individuals. | $45 per person |
| Short Trip. Clinchport to Copper Creek | $7.00 per person |
Interpretive Kayak Tour, Solo Kayak: All parks where available unless otherwise noted. | $16 per person |
Interpretive Kayak Tour, Solo Kayak: Westmoreland | $19 per person |
Interpretive Kayak Tour, Tandem Kayak: All parks where available unless otherwise noted. | $22 per kayak |
Interpretive Kayak Tour, Tandem Kayak: Westmoreland | $25 per kayak |
Interpretive Pontoon Boat Tour: All parks where available. | $2.00 (Age 3 through 12) $3.00 (Age 13 and over) |
Interpretive Tube Tour: all parks where available unless otherwise noted. | $6.00 per person |
Lake Excursion and Ecology Tour: All parks where available unless otherwise noted (limit 6 people per tour) | $10 per person |
| Claytor Lake | $10 (Age 13 and over) $7.00 (Age 3 through 12) |
| Rental of Entire Boat (Exclusive Use): All parks where available | $60 per tour |
Notes on Interpretive Canoe, Boat, and Paddleboat Programs:
1. Cancellation Policy for group reservations: Guest must cancel four days prior to the tour date in order to receive a refund. Any guest canceling less than four days before the start of the reservation will not be eligible for a refund. A one-time $10 cancellation fee will apply per reservation regardless of number of boats reserved. In the event of inclement weather where the park must cancel, the guest will be offered either a complete refund or reservation transfer to another date.
2. Additional costs for supplies and materials may apply.
4VAC5-36-150. Interpretive and educational tours and program fees.
INTERPRETIVE AND EDUCATIONAL TOURS AND PROGRAMS (NONTAXABLE) |
Interpretive and Educational Tours and Programs |
PARK | PROGRAM | FEE |
All parks unless otherwise noted: | Standard Interpretive Program: (Fee does not apply to informational programs such as campfire programs or roving interpretation). | $2.00 per person $6.00 per family |
Standard Night Hike or Evening Program | $3.00 per person $8.00 per family |
Standard Workshop Fee | $5.00 per child (Age 12 and under) $15 per adult (Age 13 and over) |
Standard Wagon Ride Program | $3.00 per person $8.00 per family $25 exclusive group |
Extended or Special Event Wagon Ride Program | $4.00 per person $10 per family $75 exclusive group booking |
Park Outreach Program: Price per park staff member conducting program | $10 for under 2 hours $25 for 2 to 3 hours $50 for 4 hours plus |
Standard Junior Ranger Program: 4-day program. All parks unless noted below. | $10 full program $3.00 per day |
Haunted Hike | $1.00 (Age 3 through 12) $3.00 (Age 13 and over) |
Geo Caching Interpretive Program. | $3.00 per person $8.00 per family $25 per group |
Nature-Themed Birthday Party: Includes a nature talk, hike, games, songs, and time in the Nature Center for gifts and cakes. At least one staff member is present to conduct activities. | $96 per hour plus materials cost for 12 children $8.00 per additional child |
Standard Orienteering Program | $3.00 per person $25 per group (20 maximum) |
Standard Women's Wellness Weekend Program | $149 per person |
Chippokes | Photography Class | $45 per person |
Grayson Highlands | Junior Ranger Program | $5.00 per person per day |
Hayrides | $2.00 per child $3.00 per adult |
Adventure Rangers Interpretive Program | $10 per person per day |
Make a Birdhouse Program | $5.00 per person |
Make Your Own Hiking Stick Program | $3.00 per person |
2-Day Photography Class | $35 per person |
Occoneechee, Caledon, Sky Meadows | Individual interpretive program pass: (Allows admission for one person to 4 interpretive programs valued at $3.00 or less) | $6.00 per pass |
Family interpretive program pass: (Allows admission for members of the same family to 4 interpretive programs valued at $8.00 or less) | $18 per pass |
Pocahontas | Nature Camps | $100 per child per program plus materials cost $30 per child plus materials cost for Jr. Assistant. The Jr. Assistant helps the park staff in conducting camp programs. |
Curious Kids | $3.00 per program |
Nature and Discovery Programs (School/Groups Outreach) | $50 per program at school or park (maximum 35 participants) $4.00 per child $80 minimum $15 additional if program is outside of Chesterfield County |
Sky Meadows | Music Program | $5.00 per person |
A Day in Wildflower Woods | $8.00 per person |
Interpretive Program Series: 6-program series | $15 per person per program $54 $45 per person per 4 programs $72 $60 per person per 6 programs |
Nature and Discovery Programs (School/Groups Outreach) | $2.00 per child $50 minimum $15 additional if program is outside of the following counties: Fauquier, Frederick, Clark, and Loudoun |
House and Grounds Tour | $3.00 per person age 13 and older $2.00 per child age 6 through 12 $8.00 per family |
Smith Mountain Lake | Nature and Discovery Programs (School/Groups Outreach) | $10 per school visit |
Southwest Virginia Museum | How Our Ancestors Lived (9-week children's series) | $10 $5.00 per person for entire series $2.00 per person for individual program |
Special Themed Interpretive Program | $10 per person |
Music or Literary Event | $5.00 per person |
Workshop (Adult) | $10 per person |
Workshop (Children) | $5.00 per person |
Nature and Discovery Programs (School/Groups Outreach) | $25 for under 2 hours $50 from 2 hours to under 4 hours $75 for 4 or more hours |
Guided Tour or Activity | School Groups: $1.50 per person Public Groups: $2.50 per person |
Step-On Tour Guide Service | $7.00 per person |
Caledon | Caledon Eagle Tours | $6.00 per person $50 Flat Rate (minimum: 10; maximum: 20) |
All Group Programs up to 2 hours long | $5.00 per person |
Haunted Hay Ride | $12 $5.00 per person (age 7 and over) Children under 7 free |
Caledon Junior Ranger Program | $15 per person |
Special Program Bus Fee: Programs involving transportation within the natural area. | $3.00 per person |
Workshop (Adult) | $15 per person |
Workshop (Children) | $5.00 per person |
Natural Tunnel: Cove Ridge | Guided Programs | $25 per program (Maximum 30 participants) $25 facility fee (If applicable) |
Environmental Education (Children's Activities) | $25 per program (Maximum 30 participants) $25 facility fee (If applicable) |
3 or More Activities | $15 per program $25 facility fee (If applicable) |
Environmental Education (Adult Facilitation) | $15 per person |
Field Trips | Per program charge with use of center; chairlift passes, if required for program, included in cost |
Hungry Mother/ Hemlock Haven | Junior Naturalist Program | $4.00 per person per week $12 unlimited participation in interpretive season |
Kiptopeke | Birding Program (Hawk observatory/bird banding station) | $4.00 per person |
Birding Program (Group Rates) | $35 (Corporate) $25 (Nonprofit) |
York River | Guided Adventure Programs | $4.00 per person $40 per group (Minimum 12 persons) |
York River Children's Programs | $2.00 per person, single program $10 unlimited participation throughout Interpretive Season |
"Nature Party": Nature Themed Birthday Party for Children | $10 per person |
Westmoreland | Guided Program Fee | $25 per person |
Natural Tunnel | Junior Ranger Program (Includes T-Shirt) | $35 per person |
Standard Wagon Ride Program | $50 Exclusive Education Group Reservation Booking |
Ranger Led Programs – Groups | $3.00 per person |
Hay Wagon and Hot Dog Roast | $10 per person |
Bike Tours - 2 hours | $10 per person |
Extended Bike Tours - 4 hours | $15 per person |
Canoe and Bike Tour - 4 hours | $20 per person |
Halloween Haunted House/Hay Wagon Ride | $3.00 (Age 3 through 12) $5.00 (Age 13 and over) |
Canoe/Hay Wagon Ride | $12 (Age 3 through 12) $15 (Age 13 and over) |
Mason Neck | Junior Ranger Program | $50 per person |
Holliday Lake | Field Archaeology Workshop | $25 per person |
Junior Ranger Program (3 half-day workshop) (Ages 6 to 13) | $25 per child |
False Cape | Wildlife Watch Tour – Per Person | $8.00 per person |
Astronomy Program | $10 per person |
Staunton River | Junior Ranger Program | $4.00 per session |
Interpretive Craft | $2.00 per person |
Down A Lazy River Guided Canoe Trip | $6.00 per child $8.00 per adult |
Hayride | $1.00 per person |
First Landing | Junior Ranger Program | $25 per person |
Kritter Kids | $25 per person |
Bear Creek Lake | Interpretive bike tours Junior Ranger Program | $3.00 per person $20 per person |
Leesylvania | Junior Ranger Program | $45 $50 per person |
Halloween Haunted Hike | $2.00 per person $6.00 per group (4 person maximum) |
Interpretive Programs | $2.00 per person |
Kids Fishing Tournament | $2.00 per child |
Natural Tunnel | Pannel Cave Tour | $10 per person $7.00 per person (Family-Group; 8-person minimum) |
Bolling Cave Tours | $15 per person $12 per person (Family-Group; 8-person minimum) |
Stock Creek Tunnel Tour | $5.00 per person |
Westmoreland | Orienteering Program | $3.00 per person $25 per group (20 maximum) |
New River Trail | New River Trail Seniors Van Tour Full Day | $25 per person |
New River Trail Seniors Van Tour Half Day | $15 per person |
Bertha Cave Tour | $10 per person |
James River | Haunted Wagon Ride | $5.00 per person (Age 7 and over) Children 6 and under free |
Belle Isle | Triple Treat Program: Hayride/Canoe/Campfire | $10 per person |
Junior Ranger 3-day program | $5.00 per class |
Bike Tour: visitors can supply their own bike or rent separately | $2.00 per person $6.00 per family |
Notes on interpretive and educational tours and programs:
Additional costs for supplies and materials may apply.
4VAC5-36-160. Outdoor skill program fees.
OUTDOOR SKILL PROGRAMS (NONTAXABLE)
Outdoor Skill Programs | FEE |
Grayson Highlands | Outdoor Survival Skills and Backpacking | $95 per person |
Basic Map and Compass | $25 per person |
Beginning Rock Climbing and Backpacking | $95 per person |
Advanced Map and Compass Skills | $25 per person |
Westmoreland, Douthat, Hungry Mother, False Cape | Photography Workshop, with meals and lodging | $325 per person |
Photography Workshop, with meals, no lodging | $295 per person |
Photography Workshop, no meals, no lodging | $225 per person |
Nonparticipant Lodging and Food | $235 per person |
Nonparticipant Meals only | $125 per person |
Sky Meadows | Getting Started in Nature Photography | $60 per person |
Lake Anna | Prospecting for Gold Workshop | $50 per person |
Hungry Mother | Mountain Empire Fly Fishing School | $225 per person |
Grayson Highlands | Guided Fly Fishing Trip: Half-day Guided Fly Fishing Trip: Full-day | $50 per person $75 per person |
4VAC5-36-170. Hunting fees.
HUNTING (NONTAXABLE)
Hunting: All parks where available unless otherwise noted. (Does not apply to open hunting areas at Fairy Stone, Hungry Mother, Grayson Highlands, Occoneechee, and Pocahontas) | FEE |
| Standard Daily Hunting Fee for reservation-type managed hunts (No separate application fee required). | $15 per hunter per day |
| Standard Daily Hunting Fee for lottery-type managed hunts (Paid in addition to any applicable application fee). | $10 per hunter per day |
| Lottery Hunt Application Fee | $5.00 per application |
| Chippokes Plantation: Southern Heritage Deer Hunt | $325 per adult, or youth 16 through 17 with a separate stand $200 per youth ages 12 through 17, requires shared stand with a paying adult $50 per nonhunting companion |
| Waterfowl Hunt at Crow's Nest Natural Area Preserve Permit (maximum of 3 per person per season) | $100 each |
Notes on hunting fees:
At parks where there is a "standby" process, no additional daily fee for that hunting season shall be charged if the hunter has already paid at least one previous daily hunting fee for that park's hunting season.
4VAC5-36-190. Environmental education center fees.
ENVIRONMENTAL EDUCATION SERVICES AND FACILITIES FEES
(TAXABLE unless otherwise noted)
PARK | SERVICE OR FACILITY | FEE |
Caledon | Rental of Environmental Education Center | $60 per day $40 per half-day |
Claytor Lake | Rental of Discovery Center, Small Conference Room | $15 per hour $50 per 4 hours $75 per 8 hours |
First Landing | Chesapeake Bay Center Exhibit Area. Fee required after 5 p.m. or after regular operating hours | $25 per hour |
False Cape State Park | Wash Woods Environmental Education Center - Use by educational group | $200 per night $60 day use |
Wash Woods Environmental Education Center - Use by noneducational group | $300 per night $100 day use |
Deposit to accompany reservation application | $40 |
Environmental Education Programs (Nontaxable) | $75 |
Bus transportation for educational group (Nontaxable) | $36 round trip $18 one way |
Bus transportation for noneducational group (Nontaxable) | $48 round trip $24 one way |
Bus transportation within the park (Nontaxable) | $18 per hour |
Beach vehicle transportation for educational group (10 person minimum) | $100 round trip |
Beach vehicle transportation for noneducational group (10 person minimum) | $160 round trip |
Beach vehicle transportation, individual rate on regularly scheduled dates | $8.00 round trip per person |
Transportation, Additional Park Vehicle (Nontaxable) | $36 round trip |
Transportation for nonemergency but unplanned trips out of park: | |
Transportation for Camper | $18 per trip |
Transportation for Camper with Canoe or Kayak | $24 per trip |
Kayak/Canoe Trailer Transportation for Campers | $100 per trip |
After hours transportation surcharge | $8.00 per trip |
Equipment Rental | $25 |
Mason Neck | Hartwell Environmental Education Center (Includes wet lab and equipment) | $50 per half-day $80 per full-day |
Environmental Education Equipment only: Excludes center and wet lab – outdoor activity only | $25 per half-day $40 per full-day |
Leesylvania | Discovery Room | |
| Teacher-Led Programs Up to 4 hours (Nontaxable) | $50 |
| Ranger-Led Programs Up to 4 hours (Nontaxable) | $85 |
| Menu Programs: Picked by instructor – led by ranger; 1-hour 15-minute minimum (Nontaxable) | $30 |
| Equipment Rental: For use outside of Visitor Center; 4 hour maximum | $20 |
Note on Environmental Education Center Fees:
Environmental Education Center Cancellation Policy: For day-use E.E.C. cancellation policy, Picnic Shelter cancellation policy shall apply. For overnight-use E.E.C. cancellation policy, cabin cancellation policy shall apply.
4VAC5-36-200. Miscellaneous rental fees.
RENTALS (TAXABLE; Price here does not include tax) |
Bike Rentals (includes helmet) | FEE |
| All parks where available unless otherwise noted | $3.00 per hour $8.00 per half-day $15 per full-day |
| Claytor Lake | $4.00 per hour $25 per day |
| New River Trail, James River, Mason Neck | $5.00 per hour $12 per half-day $18 per day |
| First Landing | $5.00 per hour $16 per day |
Bike Helmet without bike rental | $1.00 |
Child Cart for bike | $5.00 |
Boat Rentals | |
Standard Paddle Boat Rental: | |
| All parks where available unless otherwise noted | $4.00 per half-hour $6.00 per hour |
| Fairy Stone, Westmoreland, Hungry Mother | $5.00 per half-hour $8.00 per hour |
| Smith Mountain Lake | $10 per half-hour $15 per one hour $80 for 24 hours $30 additional for each day after first day |
Standard Canoe Rental: | |
| All parks where available unless otherwise noted. | $8.00 per hour $15 per half-day $25 per full-day $40 for 24 hours $100 per week |
| Smith Mountain Lake | $8.00 per half-hour $12 per one hour $60 for 24 hours $30 additional for each day after first day |
| Claytor Lake | $10 per hour $35 per half-day $50 per day |
| Leesylvania, Mason Neck | $7.00 per half-hour $12 per hour $35 per half-day $50 per day $60 per 24 hours |
| James River | $10 per hour (does not include shuttle) $40 per day (does not include shuttle) $120 per week (does not include shuttle) $12 per half hour past return time |
Standard Float Trips: | |
| Shenandoah River | $5.00 per person |
| James River | |
| | Bent Creek to Canoe Landing: | |
| | Canoe | $45 Max 3 people |
| | Single Kayak | $35 per kayak |
| | Double Kayak | $45 per kayak |
| | Canoe Landing to Dixon Landing: | |
| | Tubes | $10 $12 per tube |
| | Group of four or more | $8.00 $10 per tube |
| | Canoe | $15 per canoe |
| | Single Kayak | $15 per kayak |
| | Double Kayak | $15 per kayak |
| | Bent Creek to Dixon Landing: | |
| | Canoe | $50 per canoe |
| | Single Kayak | $40 per kayak |
| | Double Kayak | $50 per kayak |
| | Shuttle Service Only: | |
| | Bent Creek Shuttle (Scheduled) | $5.00 per boat (canoe/kayak) $5.00 per person |
| | Bent Creek Shuttle (Unscheduled) | $15 per boat (canoe/kayak) $15 per person |
| | Tubes | $5.00 per person/Bent Creek Shuttle $2.00 between landings in park |
| | Late Rental Fee | $12 $15 per half hour past return time |
| New River Trail | $7.00 per hour $20 per half-day $30 per day $35 per half-day, includes canoe rental and shuttle $50 per full day, includes canoe rental and shuttle |
| Canoe Rental (includes shuttle) | |
| | Trip A: Austinville to Foster Falls | $35 per canoe |
| | Trip B: Ivanhoe to Austinville | $45 per canoe |
| | Trip C: Ivanhoe to Foster Falls | $50 per canoe |
| | Trip D: Foster Falls to Route 100 | $45 per canoe |
| | Trip E: Route 100 to Allisonia | $50 per canoe |
| | Trip F: Foster Falls to Allisonia | $55 per canoe |
| Kayak Rental (includes shuttle) | |
| | Trip A: Austinville to Foster Falls | $25 per kayak |
| | Trip B: Ivanhoe to Austinville | $35 per kayak |
| | Trip C: Ivanhoe to Foster Falls | $40 per kayak |
| | Trip D: Foster Falls to Route 100 | $35 per kayak |
| | Trip E: Route 100 to Allisonia | $40 per kayak |
| | Trip F: Foster Falls to Allisonia | $45 per kayak |
Standard Rowboat Rental, without motor: | |
| All parks where available unless otherwise noted | $6.00 per hour $12 per half-day $22 per full-day $36 per 24 hours $80 per week |
| Hungry Mother: Rowboats | $4.00 per hour $15 per day $40 per week |
| New River Trail: Rafts and flat-bottom boats | $7.00 per hour $20 per half-day $30 per day |
Standard Rowboat Rental with electric motor and battery: All parks where available unless otherwise noted | $10 per hour $20 per 4 hours $36 per day $100 per 4 days $150 per week |
Standard Motorboat Rental, 16-foot console steering, 25-45 horsepower outboard. All parks where available. | $18 per hour $90 per day |
Standard Fishing Boat Rental with gasoline motor and one tank of fuel: All parks where available. | $10 per hour (2-hour minimum) $50 per day |
Pedal Craft Rental: (Hydro-Bike, Surf-Bike, etc.) All parks where available unless otherwise noted. | |
| One person. | $8.00 per hour |
| Two person. | $10 per hour |
| Smith Mountain Lake: Hydro Bike | $8.00 per half hour $12 per hour $4.00 additional per hour after first hour $60 per 24 hours $30 additional per day after first day |
| Barracuda Boat. All parks where available | $10 per hour |
Solo Kayak Rental: | |
| All parks where available unless otherwise noted | $8.00 per hour $20 per half-day $30 per day $40 for 24 hours $100 per week |
| Westmoreland | $9.00 per hour $17 per half-day $30 per day |
| Smith Mountain Lake | $8.00 per half hour $12 per hour $60 per 24 hours $30 additional per day after first day |
| Mason Neck | $6.00 per half-hour $10 per hour $35 per half-day $50 per day $60 per 24 hours |
| James River | $7.00 per hour (does not include shuttle) $20 per day (does not include shuttle) $80 per week (does not include shuttle) $12 per half hour past return time |
| Claytor Lake | $8.00 per hour $25 per half-day $40 per day |
Tandem Kayak Rental: | |
| All parks where available unless otherwise noted. | $10 per hour $20 per half-day $30 per full-day $45 for 24 hours $120 per week |
| Claytor Lake | $10 per hour $35 per half-day $50 per day |
| Westmoreland | $12 per hour $22 per half-day $36 per day |
| Smith Mountain Lake | $10 per half-hour $15 per hour $80 for 24 hours $30 additional for each day after first day |
| James River | $10 per hour (does not include shuttle) $35 per day (does not include shuttle) $120 per week (does not include shuttle) $12 per half hour past return time |
| Mason Neck | $8.00 per half-hour $15 per hour $45 per 4 hours $60 per day |
Smith Mountain Lake: 14-foot fishing boat with 5 hp (3 person capacity). Rental does not include fuel and oil. Damage deposit of $200 required. | $50 for 3 hours $10 additional per hour after first 3 hours $150 for 24 hours $30 additional per day after first day |
Claytor Lake: 14-foot Jon boat with 8 hp motor. Damage deposit of 50% required | $15 per hour $45 per half-day $65 per day |
Claytor Lake: 14.5-foot fishing boat with 9.9 hp motor. Damage deposit of 50% required | $17 per hour $50 per half-day $75 per day |
Claytor Lake: 14-foot v-hull boat with 25 hp motor. Damage deposit of 50% required | $25 per hour $65 per half-day $100 per day |
Claytor Lake: 17-foot v-hull with 140 hp motor. Damage deposit of 50% required | $60 per hour $135 per half-day $210 per day |
Claytor Lake: 21-foot pontoon boat with 50 hp motor. Damage deposit of 50% required | $60 per hour $135 per half-day $210 per day |
Claytor Lake: 17-foot bowrider with 135 hp motor. Damage deposit of 50% required | $40 per hour $115 per half day $180 per day |
Claytor Lake: 20-foot pontoon boat with 90 hp motor. Damage deposit of 50% required | $40 per hour $110 per half-day $175 per day |
Claytor Lake: 24-foot pontoon boat with 75 hp motor. Damage deposit of 50% required | $45 per hour $125 per half-day $200 per day |
Claytor Lake: 30-foot pontoon boat with 115 hp motor. Damage deposit of 50% required | $60 per hour $160 per half-day $250 per day |
Claytor Lake: 18-foot bowrider with 190 hp motor. Damage deposit of 50% required | $45 per hour $125 per half-day $200 per day |
Claytor Lake: 19-foot bowrider with 220 hp motor, Damage deposit of 50% required. | $50 per hour $135 per half-day $220 per day |
Occoneechee: 17-1/2-foot fishing boat. Rental includes 30 gallons of fuel. Damage deposit of $200 required | $85 per hour $20 additional per hour after first hour $175 per 8 hours $875 per 7 day week |
Occoneechee: 20-foot pontoon boat with motor (8 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required. | $85 per hour $20 additional per hour after first hour $175 per 8 hours $875 per 7 day week |
Occoneechee: 22-foot pontoon boat with motor (10 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required. | $95 per hour $20 additional per hour after first hour $185 per 8 hours $925 per 7 day week |
Occoneechee: 25-foot pontoon boat with motor (14 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required. | $110 per hour $25 additional per hour after first hour $230 per 8 hours $1,150 per 7 day week |
Smith Mountain Lake: 18-20-foot Runabout with 190 hp (8 person capacity). Rental does not include fuel and oil. Damage deposit of $200 required. | $165 for 3 hours $20 additional per hour after first 3 hours $255 per 8 hours $320 for 24 hours $100 additional per day after first day |
Claytor Lake: 18-foot pontoon boat (7 person capacity) or 21-foot pontoon boat (9 person capacity). Damage deposit of 50% required | $35 per hour $95 per 4 hours $160 per 8 hours $192 per 24 hours $100 per half-day $165 per day |
Claytor Lake: Jet Ski 15.5 hp (for use with rental of pontoon boat only). | $125 per half-day $200 per day |
Smith Mountain Lake: 24-foot pontoon boat with 40 hp (10-12 person capacity). Damage deposit of $200 required. | $90 for 3 hours $20 additional per hour after first 3 hours $165 per 8 hours $215 for 24 hours $80 additional each day after first day |
Smith Mountain Lake: Personal Watercraft (Waverunner 700). Rental does not include fuel and oil. Damage deposit of $500 required. | $180 for 3 hours $20 additional per hour after first 3 hours $270 per 8 hours $335 for 24 hours $130 additional per day after first day |
Belle Isle: Motorboat less than 25 horsepower (3 gallons of fuel included, 2 hour minimum) | $15 per hour $60 per half-day $100 per day |
Belle Isle: Motorboat 25-49 horsepower (11 gallons of fuel included, 2 hour minimum) | $22 per hour $70 per half-day $110 per day |
Standard Damage/Replacement Fees: All parks where available unless otherwise noted. Not required for damage due to normal wear and tear. | |
| Paddle | $20 |
| Anchor/Rope | $40 |
| Fuel Tank/Hose | $60 |
| Fire Extinguisher | $25 |
| Throw Cushion | $10 |
| Propeller (small) | $100 |
| Propeller (large) | $135 |
| Personal Flotation Device (PFD): replacement fee for lost/damaged PFD | $25 each |
Other Rentals: | |
Personal Flotation Device (PFD): When separate from boat rental. | $1.00 per day |
Smith Mountain Lake, James River: Personal Floatation Device, type II. | $5.00 for first day $1.00 additional days |
Smith Mountain Lake: Personal Floatation Device, type III | $7.00 for first day $2.00 additional days |
Canoe/Kayak Paddles: All parks where available unless otherwise noted. | $5.00 per day |
New River Trail: Float Tubes | $5.00 per hour $12 per half-day $18 per day |
James River: | |
| Cooler Tubes | $3.00 per day |
| Seat Backs (kayaks) | $3.00 per day |
| Tubes | $8.00 per hour (does not include shuttle) $20 per day (does not include shuttle) $12 per half hour past return time |
Claytor Lake: 2-person tow tube and towrope (with rental of boat only) | $20 per 2 hours $25 per half-day $30 per day |
Claytor Lake: Water skis and towrope (with rental of boat only) | $20 per 2 hours $25 per half-day $30 per day |
Claytor Lake: Kneeboard and towrope (with rental of boat only) | $15 per 2 hours $20 per half-day $25 per day |
Smith Mountain Lake: Tow tube; Water Skis; Knee Board | $15 per day with boat rental $5.00 per additional day $25 per day without boat rental |
Smith Mountain Lake: Wake Board | $25 per day with boat rental $10 per additional day $30 per day without boat rental |
Mobile Pig Cooker: All parks where available unless otherwise noted. | $40 per day |
GPS Units | $6.00 per unit per half-day $10 per unit per day |
Volleyball Net and Ball Rental: All parks where available. | $10 |
Binocular Rentals (2 hours): All parks where available. | $2.00 |
Beach Floats: All parks where available. | $1.00 per hour $3.00 for 4-hours $5.00 for full-day |
Surf Lounge Floating Chair Rental. All parks where available. | $2.00 per hour, single chair $5.00 per half-day, single chair $7.00 per full day, single chair $3.00 per hour, double chair $7.00 per half-day, double chair $10 per full day, double chair |
Body Board: First Landing | $6.00 per day |
Beach Umbrella: All parks where available unless otherwise noted. | $3.00 per hour $8.00 for 4 hours $15 for full-day |
| First Landing | $6.00 per day |
| Kiptopeke | $5.00 per 4 hours $8.00 per 8 hours |
Beach Chair: All parks where available | $5.00 per day |
| First Landing | $6.00 per day |
Fishing Rods: All parks where available unless otherwise noted. | $5.00 per half-day |
| First Landing | $6.00 per day $3.00 per rod per fishing program |
Tents with a group camp reservation. All parks where available. | |
| 2-person tent | $12 per day |
| 3-person tent | $20 per day |
| 4-person tent | $25 per day |
| 5-person tent | $30 per day |
Coleman Camp Stove Rental, includes fuel | $10 per day |
Tabletop Propane Grill, includes fuel | $15 per day |
Coin-Operated Washing Machine: All parks where available unless otherwise noted. | $1.25 per load, tax included |
| First Landing | $1.50 per load, tax included |
Coin Operated Dryer: All parks where available unless otherwise noted. | $1.25 per load, tax included |
| First Landing | $1.50 per load, tax included |
6-Foot Table (Includes 6 chairs) Additional chairs: All parks where available unless otherwise noted. | $20 per rental period $3.00 each per rental period |
| Caledon | $8.00 per 6' round table $1.50 per white padded seat chair |
Pump Out: All parks where available unless otherwise noted. | $5.00 |
Horse Rentals: | |
| All parks where available unless otherwise noted. | $20 per one-hour ride $40 per two-hour ride $100 per full day ride |
| Sky Meadows | $30 per one-hour ride $55 per two-hour ride $45 per 1.5-hour theme ride $10 pony rides, includes photo $250 per week, day camp (10% family discount) |
Pony Rides: All parks where available unless otherwise noted. | $5.00 per 15 minutes |
Horseback Riding Lessons: All parks where available unless otherwise noted. | $25 per lesson on group basis $30 per lesson for individual |
Horseback Summer Day Camp: All parks where available unless otherwise noted. | $180 per person per week |
Horseshoe or Croquet Rental for Campers. All parks where available. | $1.00 per hour $5.00 per day $20 deposit |
| | | | |
4VAC5-36-210. Conference center and meeting facility fees.
CONFERENCE CENTERS (TAXABLE) |
Prices may be discounted and/or waived by the director when necessary to create competitive bids for group sales. | FEE |
Hemlock Haven Conference Center at Hungry Mother | |
| Main Hall (Capacity: 375) | $263 $275 per day |
| Upper Level (Capacity: 50) | $158 $175 per day |
| Redbud Room: (Capacity 35) | $53 $75 per day |
| Laurel Room (Capacity: 20) | $37 $40 per day |
| Entire Meeting Room Complex | $420 per day |
| Day Use Recreational Package (Includes all outside recreational facilities) | |
| | 0 – 250 Persons | $263 $300 per half-day $525 $600 per full-day |
| | 250 – 500 Persons | $394 $425 per half-day $788 $850 per full-day |
| | 500 + persons | $525 $575 per half-day $1,050 $1,200 per full-day |
Cedar Crest Conference Center at Twin Lakes | |
| Complex: Doswell Hall with deck, grounds, volleyball, horseshoes; Kitchen, Latham and Hurt Rooms NOT included. | $229 per 4 hours $459 per day $53 each extra hour |
| Doswell Meeting Room: Meeting Room Only; no kitchen or dining room. | $164 per room per 4 hours $328 per room per day $37 each extra hour |
| Small breakout rooms with main room: Latham and Hurt. | $65 per room per 4 hours $131 per room per day $21 each extra hour |
| Small breakout rooms without main room. | $98 per room per 4 hours $196 per room per day $37 each extra hour |
| Picnic Shelter or Gazebo at Cedar Crest. | $68 per 4 hours $131 per day $11 each extra hour |
| Kitchen rental Only available with complex rental. | $105 per event |
| Kitchen Cleaning Fee: Deposit. | $150 per event |
Chippokes Plantation Meeting, Conference, and Special Use Facilities | |
| Mansion Conference Room. | $26 per hour |
| Mansion or Historic Area Grounds (Includes parking for party rental). | $525 per 4 hours |
| Mansion Board Room | $105 per 4 hours |
| Chippokes Plantation Conference Shelter (Available on reservation basis only). | $105 per 4 hours |
| Wedding Package (includes historic area grounds, gardens, tent set up and take down, 10 60-inch round tables, 10 standard size rectangle tables, 100 folding chairs, Wedding Coordinator, changing room for bride and groom, Mansion kitchen area, boardroom, no fee for wedding rehearsal). | $1,412 per 4 hours $2,073 per 8 hours $50 nonrefundable reservation fee |
Southwest Virginia Museum – Victorian Parlor Room Rental (Based on 4-hour rental) | DAY | EVENING |
| Option #1: Victorian Parlor – Basic Room Package (Includes tables with linen and chairs) | |
| | Up to 22 People (6 tables – 22 chairs) | $31 | $57 |
| | 23 Up to 30 People (8 tables – 30 chairs) OR Up to 50 people (50 chairs and head table) | $42 | $68 |
| Option #2: Victorian Parlor – Executive Room Package (Includes tables with linen and chairs, water pitcher with glasses, coffeepot with cups (coffee not included), AV equipment, and presentation aids) | |
| | Up to 22 People (6 tables – 22 chairs) | $52 | $78 |
| | 23 to 30 People (8 tables – 30 chairs) OR Up to 50 people (50 chairs and head table) | $68 | $94 |
| Option #3: Additional meeting rooms: Victorian Parlor must be rented in order to rent additional rooms. | |
| | Hallway (downstairs) (Includes two three existing tables with linens) | $11 | $11 |
| | Each Additional Table with Linens | $11 | $11 |
| | Small Parlor: AV room or Big Stone Gap Photo room (Includes 1 table with linens and 6-8 chairs) | $31 | $31 |
| | Big Stone Gap Development Room (Includes 1 table with linens and 6-8 chairs) | $41 | $41 |
| | Additional Hours | $5.00 $10 per hour | $5.00 $10 per hour |
| | Exceeding approved hours | $20 per hour | $20 per hour |
| | Wedding Portraits | $52 per 2 hours | $78 per 2 hours |
Wilderness Road (Mansion and Ground Rental) | |
| Mansion or Lawn: separately | $63 for 4 hours |
| Mansion and Lawn: combined | $105 for 4 hours |
| Additional hours beyond scheduled operating hours | $11 per hour |
Cove Ridge Center at Natural Tunnel: | PRIVATE FEE | EDUCATIONAL FEE |
| Cove Ridge Center Annual Membership: Membership entitles organization to a 25% discount on facility rental fees and group rates on all programming offered through the center. | $1,050 per year | $525 per year |
| Day Use: Exclusive use of the auditorium, meeting room, resource library, catering kitchen, great room with stone fireplace and deck for two consecutive half-day rental periods, and parking passes. | $315 | $210 |
| Overnight Use of one dorm: Includes Day Use Package plus one dorm rooms for one night and swimming (in season). | $683 | $498 |
| Overnight Use of both dorms: Includes Day Use Package plus two dorm rooms for one night and swimming (in season). | $892 | $656 |
| Wedding Package Day Use: Exclusive use of the auditorium, meeting room, resource library, catering kitchen, great room with stone fireplace and deck for three consecutive half-day rental periods, and parking passes. | $525 | NA |
| Wedding Package Overnight: Includes Day Use Package plus one dorm for one night and swimming (in season). | $919 | NA |
| Wedding Package Overnight: Includes Day Use Package plus both dorms for one night and swimming (in season). | $1,102 | NA |
| Wedding Package with Amphitheater: Rental of the park amphitheater in conjunction with any of the above wedding packages. | $236 for the rental period | NA |
| Removal of furniture from great room (only available with exclusive use of the center). | $42 | $42 |
| Additional seating on deck (only available with exclusive use of the center). | $42 | $0 |
| Auditorium | $126 per half day $231 per full day | $99 per half day $183 per full day |
| Classroom – Library (half-day) | $63 | $47 |
| One dorm: Overnight lodging for up to 30, includes swimming (in season) and parking passes. | $420 per night April 1-October 31 $378 per night November 1-March 31 | $315 per night April 1-October 31 $283 per night November 1-March 31 |
| Both Dorms: Overnight lodging for up to 60, includes swimming (in season) and parking passes. | $630 per night April 1-October 31 $567 per night November 1-March 31 | $472 per night April 1-October 31 $425 per night November 1-March 31 |
| Per Person Student Rate for Overnight Dorm Use | $13 per person | $13 per person |
| Kitchen Use (when not included in package) | $50 per event | $50 per event |
Heritage Center at Pocahontas: All reservations require 50% down at time of reservation (Nonrefundable within 14 days of event) | PRIVATE FEE | EDUCATIONAL FEE |
| Large Room (Capacity: seated at tables 50; reception style 125, auditorium 80: includes tables, chairs, and warming kitchen) | $131 per 4 hours $236 per full-day $26 each extra hour | $78 per 4 hours $141 per full-day $15 each extra hour |
Westmoreland | FEE |
| Tayloe and Helen Murphy Hall Meeting Facility: Includes Main Meeting Room, Kitchen, and Grounds | $400 $500 (8 a.m. to 10 p.m.) $315 $350 additional rental days after first day $25 $75 per hour for usage beyond reservation period |
| Potomac Overlook Rental | $55 per day |
| Breakout Meeting Room (May be rented separately from main meeting room only within 45 days of event. | $75 (8 a.m. to 10 p.m.) |
| Kitchen Clean Up Fee: (Waived if renter cleans facility) | $250 per event |
| Wedding Package - Includes half-day rental for wedding rehearsal, and a full-day rental for wedding/reception | $300 |
| Potomac River Retreat: Table and Chair Set-up | $40 |
Fairy Stone | |
| Fayerdale Hall Meeting Facility Weekend Rental. Includes Friday, Saturday, and Sunday | $236 (8 a.m. to 10 p.m.) |
| | One Day Rental | $236 (8 a.m. to 10 p.m.) |
| | Two Consecutive Days Rental | $315 |
| | Three Consecutive Days Rental | $366 |
| Wedding Package - Includes full-day rental for wedding rehearsal, and a full-day rental for wedding/reception. Fayerdale Hall Meeting Facility Weekday Rental. Includes Monday through Thursday only. | $315 |
| | One Day Rental | $75 (8 a.m. to 10 p.m.) |
| | Two Consecutive Days Rental | $125 |
| | Three Consecutive Days Rental | $174 |
| | Four Consecutive Days Rental | $225 |
Douthat | |
| Restaurant (includes table set-up) | $236 |
| Allegheny Room: Up to 30 persons. | $158 per day |
| Wedding Package: Conference room and amphitheater (see "amphitheater section") on day of wedding, plus an extra half-day amphitheater for rehearsal. | $289 |
First Landing | |
| Trail Center Conference Room (Capacity: 45) | $42 per half-day $63 per full-day |
Lake Anna | |
| Visitor Center | $32 per half-day $53 per full day |
| Concessions Building Rental | $100 per day |
Bear Creek Lake | |
| Meeting facility | $236 per day $25 each extra hour |
| Wedding Package | $315 per day |
Claytor Lake | |
| Marina Meeting Facility: Includes facility, chairs, and tables. | $550 per day $825 per two days |
| Wedding Package: Includes rental of facility, chairs, tables, gazebo, and special use permit ($10 permit fee is waived with package). | $625 per day package $995 per two-day package |
Leesylvania Wedding/Function Package: Includes Rental of: Lee's Landing Picnic Shelter, 100 Chairs, 15 Tables, and Parking for up to 50 vehicles | $840 per half-day $945 per full-day |
Mason Neck | |
| Wedding Package: 20 foot by 40 foot tent, 100 chairs, parking for up to 50 cars | $788 per event |
| Parking Attendant | $53 per 4 hours |
Smith Mountain Lake | |
| Meeting room at Visitor Center | $158 per day |
| Exceeding approved hours. All parks unless otherwise noted below. | $25 per hour |
Sky Meadows | |
| Timberlake House Meeting Room Capacity 15 people | $50 per half-day day 8 a.m. to 5 p.m. $75 per day evening beyond 5 p.m. |
| Timberlake House Kitchen (in conjunction with rental of meeting room) | $25 per day or part of day |
Equipment and Services Associated with Meetings and Rentals: | |
| Microphone/Podium Rental | $15 per day |
| Linen Rentals: | |
| | Table cloth only Place settings | $3.00 per table $2.00 each |
| Twin Lakes | |
| | Overlay | $1.25 per table |
| | Napkins | $0.40 per napkin |
| Fax | First 2 pages free $2.00 each extra page |
| Copies | Single copy free $0.15 each extra copy |
| Lost Key Fee | $10 |
| Easels | $5.00 per day |
| Overhead Projector | $10 per day |
| TV with VCR | $10 |
| Second TV | $10 |
| Overhead Projector with Screen | $10 |
| Slide Projector with Screen | $10 |
| Flip Chart | $10 |
Event Clean Up Fees | |
| Park labor to clean up after special events and facility rentals if not done in accordance with rental agreement or use permit | $50 per hour |
| | | | | |
Notes on conference and meeting facilities fees:
Conference and meeting facilities require a 30% prepayment due 10 days after making reservation, and payment of the full balance prior to or on the first day of the reservation. Cancellations made 14 or more days prior to the first day of the reservation shall be charged the lesser of 10% of the total fee or $100. Cancellations made less that 14 days prior to the first date of the reservation shall be charged 30% of the total fee.
VA.R. Doc. No. R10-2196; Filed November 4, 2009, 9:47 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-20. Pertaining to the Licensing of Fixed Fishing Devices (amending 4VAC20-20-20, 4VAC20-20-30).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: November 1, 2009.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Ave., 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
The amendment requires any fixed fishing device license holder fishing in Virginia tidal waters located east of the Chesapeake Bay Bridge Tunnel to use a modified leader; and makes it the responsibility of the licensee of any fixed fishing device to contact the Virginia Marine Police and the National Marine Fisheries Service at least 72 hours before any modified leader is to be deployed for an inspection of the leader design.
4VAC20-20-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Fixed fishing device" means any fishing device used for the purpose of catching fish and requiring the use of more than two poles or stakes which have been pushed or pumped into the bottom.
"Fyke net" means a round stationary net distended by a series of hoops or frames, covered by web netting or wire mesh and having one or more internal funnel-shaped throats whose tapered ends are directed away from the mouth of the net. The net, leader or runner is held in place by stakes or poles which have been pushed or pumped into the bottom and has one or two wings and a leader or runner to help guide the fish into the net.
“Modified leader” means a fixed fishing device leader that is affixed to or resting on the sea floor and made of a lower portion of mesh and an upper portion of only vertical lines such that (i) the mesh size is equal to or less than eight inches stretched mesh; (ii) at any particular point along the leader, the height of the mesh, from sea floor to the top of the mesh, is no more than one-third the depth of the water at mean low water directly above that particular point; (iii) the mesh is held in place by vertical lines that extend from the top of the mesh up to the top of the line, which is a line that forms the uppermost part of the fixed fishing device leader; (iv) the vertical lines are equal to or greater than 5/16 inch in diameter and strung vertically at least every two feet; and (v) the vertical lines are hard lay lines with a vertical stiffness equivalent to the stiffness of a 5/16 diameter line composed of polyester wrapped around a blend of polypropylene and polyethylene and containing approximately 42 visible twists of strands per foot of line.
"Officer" means the marine police officer in charge of the district within which the fixed fishing device is located.
"Pound net" means a stationary fishing device supported by stakes or poles that have been pushed or pumped into the bottom consisting of an enclosure identified as the head or pocket with a netting floor, a heart, and a straight wall, leader or runner to help guide the fish into the net.
"Staked gill net" means a fixed fishing device consisting of an upright fence of netting fastened to poles or stakes that have been pushed or pumped into the bottom.
4VAC20-20-30. Location and, measurements, and modified pound net leader requirements.
A. A fixed fishing device shall be perpendicular to the shoreline insofar as possible.
B. In determining compliance with the requirements prescribing minimum distances between fixed fishing devices, measurement shall be made from the center line of each device.
C. An applicant shall state the desired length of the fixed fishing device, which shall not exceed the maximum limit prescribed by law. Such length shall be stated on any license issued by the officer. A licensee may apply for a new license to include a greater length provided such additional length does not make the device exceed the maximum legal length or the legal requirement of a minimum distance between successive fishing structures in the same row. In the event a licensee fishes a length less than that stated on the license, the unfished length shall be subject to the provisions of 4VAC20-20-50 B of this chapter.
D. Any fixed fishing device, including but not limited to pound net and fyke net gear, licensed and fished in Virginia tidal waters located east of the Chesapeake Bay Bridge and Tunnel, shall be equipped with a modified leader as defined in 4VAC20-20-20. In addition, it shall be the responsibility of the licensee of any fixed fishing device licensed in Virginia tidal waters located east of the Chesapeake Bay Bridge and Tunnel to contact the Virginia Marine Police and the National Marine Fisheries Service at least 72 hours before any modified leader is to be deployed for an inspection of the fixed fishing device's leader design, prior to any initial or subsequent deployment of that fixed fishing device within any year.
VA.R. Doc. No. R10-2212; Filed October 30, 2009, 1:56 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-490. Pertaining to Sharks (amending 4VAC20-490-20, 4VAC20-490-41; adding 4VAC20-490-44).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: November 1, 2009.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Ave., 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
The amendments (i) define "movable gill net"; (ii) establish seasonal at sea processing requirements for smooth dogfish; and (iii) establish a limited entry commercial fishery for spiny dogfish.
4VAC20-490-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.
"Carcass length" means that length measured in a straight line from the anterior edge of the first dorsal fin to the posterior end of the shark carcass.
"COLREGS Line" means the COLREGS Demarcation lines, as specified in Coastal Pilot, 35th and 36th editions by Lighthouse Press.
"Commercial shark fishermen" means any commercially permitted fisherman who has landed and sold one pound of shark or more (excludes spiny dogfish) in that calendar year (January 1 through December 31).
"Commercially permitted nonsandbar large coastal shark species" means any of the following species:
Blacktip, Carcharhinus limbatus
Bull, Carcharhinus leucas
Great hammerhead, Sphyrna mokarran
Lemon, Negaprion brevirostris
Nurse, Ginglymostoma cirratum
Scalloped hammerhead, Sphyrna lewini
Silky, Carcharhinus falciformis
Smooth hammerhead, Sphyrna zygaena
Spinner, Carcharhinus brevipinna
Tiger, Galeocerdo cuvier
"Commercially permitted pelagic species" means any of the following species:
Blue, Prionace glauca
Oceanic whitetip, Carcharhinus longimanus
Porbeagle, Lamna nasus
Shortfin mako, Isurus oxyrinchus
Thresher, Alopias vulpinus
"Commercially permitted small coastal shark species" means any of the following species:
Atlantic sharpnose, Rhizoprionodon terraenovae
Blacknose, Carcharhinus acronotus
Bonnethead, Sphyrna tiburo
Finetooth, Carcharhinus isodon
"Commercially prohibited species" means any of the following species:
Atlantic angel, Squatina dumeril
Basking, Cetorhinus maximus
Bigeye sand tiger, Odontaspis noronhai
Bigeye sixgill, Hexanchus nakamurai
Bigeye thresher, Alopias superciliosus
Bignose, Carcharhinus altimus
Caribbean reef, Carcharhinus perezii
Caribbean sharpnose, Rhizoprionodon porosus
Dusky, Carcharhinus obscurus
Galapagos, Carcharhinus galapagensis
Longfin mako, Isurus paucus
Narrowtooth, Carcharhinus brachyurus
Night, Carcharhinus signatus
Sand tiger, Carcharias taurus
Sevengill, Heptranchias perlo
Sixgill, Hexanchus griseus
Smalltail, Carcharhinus porosus
Whale, Rhincodon typus
White, Carcharodon carcharias
"Control rule" means a time-certain date, past, present or future, used to establish participation in a limited entry fishery and may or may not include specific past harvest amounts.
"Dressed weight" means the result from processing a fish by removal of head, viscera, and fins, but does not include removal of the backbone, halving, quartering, or otherwise further reducing the carcass.
"Finning" means removing the fins and returning the remainder of the shark to the sea.
"Fork length" means the straight-line measurement of a fish from the tip of the snout to the fork of the tail. The measurement is not made along the curve of the body.
"Movable gill net" means any gill net other than a staked gill net.
"Large mesh gill net" means any gill net having a stretched mesh equal to or greater than five inches.
"Longline" means any fishing gear that is set horizontally, either anchored, floating or attached to a vessel, and that consists of a mainline or groundline, greater than 1,000 feet in length, with multiple leaders (gangions) and hooks, whether retrieved by hand or mechanical means.
"Permitted commercial gear" means rod and reel, handlines, shark shortlines, small mesh gill nets, large mesh gill nets, pound nets, and weirs.
"Recreational shore angler" means a person not fishing from a vessel nor transported to or from a fishing location by a vessel.
"Recreational vessel angler" means a person fishing from a vessel or transported to or from a fishing location by a vessel.
"Recreationally permitted species" means any of the following species:
Atlantic sharpnose, Rhizoprionodon terraenovae
Blacknose, Carcharhinus acronotus
Blacktip, Carcharhinus limbatus
Blue, Prionace glauca
Bonnethead, Sphyrna tiburo
Bull, Carcharhinus leucas
Finetooth, Carcharhinus isodon
Great hammerhead, Sphyrna mokarran
Lemon, Negaprion brevirostris
Nurse, Ginglymostoma cirratum
Oceanic whitetip, Carcharhinus longimanus
Porbeagle, Lamna nasus
Scalloped hammerhead, Sphyrna lewini
Shortfin mako, Isurus oxyrinchus
Smooth dogfish, Mustelus canis
Smooth hammerhead, Sphyrna zygaena
Spinner, Carcharhinus brevipinna
Thresher, Alopias vulpinus
Tiger, Galeocerdo cuvier
"Recreationally prohibited species" means any of the following species:
Atlantic angel, Squatina dumeril
Basking, Cetorhinus maximus
Bigeye sand tiger, Odontaspis noronhai
Bigeye sixgill, Hexanchus nakamurai
Bigeye thresher, Alopias superciliosus
Bignose, Carcharhinus altimus
Caribbean reef, Carcharhinus perezii
Caribbean sharpnose, Rhizoprionodon porosus
Dusky, Carcharhinus obscurus
Galapagos, Carcharhinus galapagensis
Longfin mako, Isurus paucus
Narrowtooth, Carcharhinus brachyurus
Night, Carcharhinus signatus
Sand tiger, Carcharias taurus
Sandbar, Carcharhinus plumbeus
Sevengill, Heptranchias perlo
Silky, Carcharhinus falciformis
Sixgill, Hexanchus griseus
Smalltail, Carcharhinus porosus
Whale, Rhincodon typus
White, Carcharodon carcharias
"Research only species" means any of the following species:
Sandbar, Carcharhinus plumbeus
"Shark shortline" means a fish trotline that is set horizontally, either anchored, floating or attached to a vessel, and that consists of a mainline or groundline, 1,000 feet in length or less, with multiple leaders (gangions) and no more than 50 corrodible circle hooks, whether retrieved by hand or mechanical means.
"Small mesh gill net" means any gill net having a stretched mesh less than five inches.
"Smooth dogfish" means any shark of the species Mustelus canis.
"Spiny dogfish" means any shark of the species Squalus acanthias.
4VAC20-490-41. Commercial catch limitations.
A. It shall be unlawful for any person to possess on board a vessel or to land in Virginia more than 33 commercially permitted nonsandbar large coastal sharks in one 24-hour period. The person who owns or operates the vessel is responsible for compliance with the provisions of this subsection.
B. It shall be unlawful for any person to fillet a shark, except smooth dogfish, at sea, except smooth dogfish as provided in subsection C of this section. A licensed commercial fisherman may eviscerate and remove the head of any shark, but the tail and all fins of any shark, except smooth dogfish as provided in subsection C of this section, shall remain naturally attached to the carcass through landing. The fins of any shark, except smooth dogfish, may be partially cut but some portion of the fin shall remain attached, until the shark is landed.
C. From July 1 through the end of February, commercial fishermen may process smooth dogfish at sea, except the first dorsal fin shall remain attached naturally to the carcass until landed. From March 1 through June 30, commercial fishermen may completely process smooth dogfish at sea prior to landing.
D. It shall be unlawful to possess, on board a vessel, or to land in Virginia any species of shark, after NOAA Fisheries has closed the fishery for that species in federal waters.
D. E. There are no commercial trip limits or possession limits for smooth dogfish or sharks on the lists of commercially permitted pelagic species or commercially permitted small coastal species.
E. F. Except as described in this section, it shall be unlawful for any person to take, harvest, land, or possess, in Virginia, any blacktip, bull, great hammerhead, lemon, nurse, scalloped hammerhead, silky, smooth hammerhead, spinner or tiger shark from May 15 through July 15. These sharks may be transported by vessel, in Virginia waters, during the closed season provided the sharks were caught in a legal manner consistent with federal regulations outside Virginia waters and:
1. The vessel does not engage in fishing, in Virginia waters, while possessing the above species; and
2. All fishing gear aboard the vessel is stowed and not available for immediate use.
F. G. It shall be unlawful for any person to retain, possess or purchase any shark described in the commercially prohibited species list.
G. H. All sharks harvested from state waters or federal waters, for commercial purposes, shall be sold to a federally permitted shark dealer.
H. I. The commissioner may grant exemptions from the seasonal closure, quota, possession limit, size limit, gear restrictions and prohibited species restrictions. Exemptions shall only be granted for display or research purposes. The exempted fishermen or owner of the fishing vessel shall report the species, weight, location caught and gear used for each shark collected for research or display within 30 days.
4VAC20-490-44. Spiny dogfish limited entry permit and permit transfers.
A. It shall be unlawful for any person to take, catch, possess, or land any spiny dogfish without first having obtained a spiny dogfish limited entry permit from the Marine Resources Commission. Such permit shall be completed in full by the permittee who shall keep a copy of that permit in his possession while fishing for or selling spiny dogfish. Permits shall only be issued to Virginia registered commercial fishermen meeting either of the following criteria:
1. Shall have documented on Virginia mandatory harvest reporting forms harvest from a legally licensed, movable gill net for an average of at least 60 days from 2006 through 2008, and a minimum harvest of one pound of spiny dogfish at any time from 2006 through 2008.
2. Shall have documented on Virginia mandatory reporting forms harvests that total greater than 10,000 pounds of spiny dogfish in any one year from 2006 through 2008.
B. A spiny dogfish limited entry permittee may only transfer that permit to another Virginia registered commercial fisherman. The transferor and the transferee shall have documented any prior fishing activity on Virginia mandatory reporting forms and shall not be under any sanction by the Marine Resources Commission for noncompliance with the regulation. Transfers must be approved by the commissioner, or his designee, and are permanent. The permanent transfer authorizes the transferee to possess a spiny dogfish limited entry permit, and the transferor shall lose his eligibility for that spiny dogfish limited entry permit.
VA.R. Doc. No. R10-2213; Filed October 30, 2009, 2:09 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-610. Pertaining to Commercial Fishing and Mandatory Harvest Reporting (amending 4VAC20-610-30).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: November 1, 2009.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Ave., 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
This amendment prohibits harvesters who have had violations resulting in the loss of their fishing permit from serving as an agent for another harvester.
4VAC20-610-30. Commercial Fisherman Registration License; exceptions and requirements of authorized agents.
A. In accordance with § 28.2-241 C of the Code of Virginia, only persons who hold a valid Commercial Fisherman Registration License may sell, trade, or barter their harvest, or give their harvest to another, in order that it may be sold, traded, or bartered. Only these licensees may sell their harvests from Virginia tidal waters, regardless of the method or manner in which caught. Exceptions to the requirement to register as a commercial fisherman for selling harvest are authorized for the following persons or firms only:
1. Persons taking menhaden under the authority of licenses issued pursuant to § 28.2-402 of the Code of Virginia.
2. Persons independently harvesting and selling, trading, or bartering no more than three gallons of minnows per day who are not part of, hired by, or engaged in a continuing business enterprise.
a. Only minnow pots, a cast net or a minnow seine less than 25 feet in length may be used by persons independently harvesting minnows.
b. All other marine species taken during the process of harvesting minnows shall be returned to the water immediately.
B. Requirements of authorized agents.
1. No person whose Commercial Fisherman Registration License or, fishing gear license, or fishing permit is currently revoked or rescinded by the Marine Resources Commission pursuant to § 28.2-232 of the Code of Virginia is authorized to possess the registration license Commercial Fisherman Registration License, fishing gear license, or fishing permit of a any other registered commercial fisherman in order to serve as an agent for fishing the commercial fisherman's gear and or selling the harvest.
2. No registered commercial fisherman shall use more than one person as an agent at any time.
3. Any person serving as an agent shall possess the registration license Commercial Fisherman Registration License and gear license of the commercial fisherman while fishing.
4. When transporting or selling a registered commercial fisherman's harvest, the agent shall possess either the registration license Commercial Fisherman Registration License of that commercial fisherman or a bill of lading indicating that fisherman's name, address, Commercial Fisherman Registration License number, date and amount of product to be sold.
5. Any person licensed to harvest blue crabs commercially shall not be eligible to also serve as an agent.
6. Any person serving as an agent to harvest blue crabs for another licensed fisherman shall be limited to the use of only one registered commercial fisherman's crab license; however, an agent may fish multiple crab traps licensed and owned by the same person.
7. There shall be no more than one person, per vessel, serving as an agent for a commercial crab licensee.
8. Prior to using an agent in any crab fishery, the licensee shall register that person, with the commission, and shall receive approval for use of that agent, prior to the commencement of any harvesting activity.
9. Failure to abide by any of the provisions of this section shall constitute a violation of this regulation.
C. In accordance with § 28.2-241 H of the Code of Virginia, only persons with a valid Commercial Fisherman Registration License may purchase gear licenses. Beginning with licenses for the 1993 calendar year and for all years thereafter, gear licenses will be sold only upon presentation of evidence of a valid Commercial Fisherman Registration License.
Exceptions to the prerequisite requirement are authorized for the following gears only and under the conditions described below:
1. Menhaden purse seine licenses issued pursuant to § 28.2-402 of the Code of Virginia may be purchased without holding a Commercial Fisherman Registration License.
2. Commercial gear licenses used for recreational purposes and issued pursuant to § 28.2-226.2 of the Code of Virginia may be purchased without holding a Commercial Fisherman Registration License.
D. Exceptions to the two-year delay may be granted by the commissioner if he finds any of the following:
1. The applicant for an exception (i) has demonstrated, to the satisfaction of the commissioner, that the applicant has fished a significant quantity of commercial gear in Virginia waters during at least two of the previous five years; and (ii) can demonstrate, to the satisfaction of the commissioner, that a significant hardship caused by unforeseen circumstances beyond the applicant's control has prevented the applicant from making timely application for registration. The commissioner may require the applicant to provide such documentation as he deems necessary to verify the existence of hardship.
2. The applicant is purchasing another commercial fisherman's gear, and the seller of the gear holds a Commercial Fisherman Registration License and the seller surrenders that license to the commission at the time the gear is sold.
3. An immediate member of the applicant's family, who holds a current registration, has died or is retiring from the commercial fishery and the applicant intends to continue in the fishery.
Any applicant denied an exception may appeal the decision to the commission. The applicant shall provide a request to appeal to the commission 30 days in advance of the meeting at which the commission will hear the request. The commission will hear requests at their March, June, September, and December meetings.
Under no circumstances will an exception be granted solely on the basis of economic hardship.
VA.R. Doc. No. R10-2214; Filed October 30, 2009, 2:06 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-950. Pertaining to Black Sea Bass (amending 4VAC20-950-48).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: November 1, 2009.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Ave., 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
This amendment requires that any hardship exception quota granted by the commission prior to October 27, 2009, shall be converted to a percentage of the directed fishery quota based on the year in which that hardship exception quota was originally granted.
4VAC20-950-48. Individual fishery quotas; bycatch limit; at sea harvesters; exceptions.
A. Each person possessing a directed fishery permit shall be assigned an individual fishery quota, in pounds, for each calendar year. Except as provided in subsection F of this section, a person's individual fishery quota shall be equal to that person's percentage of the total landings of black sea bass in Virginia from July 1, 1997, through December 31, 2001, multiplied by the directed commercial fishery black sea bass quota for the calendar year. Any directed fishery permittee shall be limited to landings in the amount of his individual fishery quota, in pounds, in any calendar year and it shall be unlawful for any permittee to exceed his individual fishery quota. In addition to the penalties prescribed by law, any overages of an individual's fishery quota shall be deducted from that permittee's individual fishery quota for the following year.
B. In the determination of a person's percentage of total landings, the commission shall use the greater amount of landings from either the National Marine Fisheries Service Dealer Weigh-out Reports or National Marine Fisheries Service Vessel Trip Reports that have been reported and filed as of November 26, 2002. If a person's percentage of the total landings of black sea bass is determined by using the Vessel Trip Reports as the greater amount, then the person shall provide documentation to the Marine Resources Commission to verify the Vessel Trip Reports as accurate. This documentation may include dealer receipts of sales or other pertinent documentation, and such documentation shall be submitted to the commission by December 1, 2004. In the event the commission is not able to verify the full amount of the person's Vessel Trip Reports for the qualifying period, the commission shall use the greater amount of landings, from either the Dealer Weigh-Out Reports or the verified portion of the Vessel Trip Reports to establish that person's share of the quota.
C. It shall be unlawful for any person permitted for the bycatch fishery to possess aboard a vessel, or to land in Virginia, in any one day, more than 200 pounds of black sea bass, except that any person permitted in the bycatch fishery may possess aboard a vessel, or land in Virginia, more than 200 pounds of black sea bass, in any one day, provided the total weight of black sea bass on board the vessel does not exceed 10%, by weight, of the total weight of summer flounder, scup, Loligo squid and Atlantic mackerel on board the vessel. When it is projected and announced that 75% of the bycatch fishery quota has been be taken, it shall be unlawful for any person permitted for the bycatch fishery to possess aboard a vessel, or to land in Virginia, more than 100 pounds of black sea bass.
D. It shall be unlawful for any person to transfer black sea bass from one vessel to another while at sea.
E. The commission sets aside 10,000 pounds of the annual commercial fishery black sea bass quota for distribution to all qualified applicants granted an exception by the commission from the requirements of 4VAC20-950-46 B based upon medical conditions, or other hardship, which limited the applicant's ability to fish for black sea bass during the qualifying period. In granting an exception, the commission will give preference to those applicants who can demonstrate the greater levels of participation in the black sea bass fishery during and after the qualifying period or document an apprenticeship or helper status in the black sea bass fishery. Any applicant who is granted an exception by the commission shall receive a portion of the 10,000 pounds; however, no portion shall exceed the lowest individual fishery quota, in pounds, at the beginning of the season. There shall Any hardship exception quota granted by the commission prior to October 27, 2009, shall be converted to a percentage of the directed fishery quota based on the year in which that hardship exception quota was originally granted. The hardship exception quota shall not be no transfer of quota received by applicants to the exception process transferred for a period of five years after receipt of that quota. Any portion of the 10,000 pounds not allotted by the commission to the qualified applicants as of November 1 shall be added to the annual bycatch quota described in 4VAC20-950-47 B from the date the commission granted that hardship exception quota.
F. An individual fishery quota, as described in subsection A of this section, shall be equal to an individual's current percentage share of the directed fishery quota, as described in 4VAC20-950-47 A. As of May 1, 2009, should the remaining amount of black sea bass bycatch fishery quota exceed 10,000 pounds, that excess quota shall be allocated to commercial black sea bass directed fishery permit holders who have landed at least 500 pounds of black sea bass in at least two of three years, starting in 2005 and ending in 2007. The basis for that allocation shall be the same as used to determine an individual directed fishery quota as described in subsection A of this section.
VA.R. Doc. No. R10-2215; Filed October 30, 2009, 2:02 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
Title of Regulation: 4VAC20-1190. Pertaining to Gill Net Control Date (amending 4VAC20-1190-10; adding 4VAC20-1190-15, 4VAC20-1190-30, 4VAC20-1190-40, 4VAC20-1190-50, 4VAC20-1190-60).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: December 1, 2009.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
The amendments (i) define "gill net" as all gill nets up to 600 feet, or all gill nets over 600 feet and up to 1,200 feet, except any stake gill net of 1,200 feet in length or under with a fixed location, and (ii) require a harvester to have either a Class A resident gill net permit, Class A nonresident gill net permit, or Class B gill net permit before purchasing a gill net license.
Sections are added defining qualifications for the Class A resident gill net permit, Class A nonresident gill net permit, and Class B gill net permit as follows:
1. A commercial fisherman is considered qualified for the Class A resident gill net permit if he is a resident of the Commonwealth of Virginia, possesses a valid Virginia Commercial Fisherman Registration License, and satisfies one of the following conditions:
a. Possessed a valid Virginia gill net license prior to December 31, 2005;
b. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 100 days in any one year from 2006 through 2008;
c. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 60 days in any two years from 2006 through 2008.
2. A commercial fisherman is considered qualified for the Class A nonresident gill net permit if he is not a resident of the Commonwealth of Virginia, possesses a valid Virginia Commercial Fisherman Registration License, and satisfies one of the following conditions:
a. Possessed a valid Virginia gill net license prior to December 31, 2005;
b. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 100 days in any one year from 2006 through 2008;
c. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 60 days in any two years from 2006 through 2008.
3. A harvester is considered qualified for the Class B gill net permit if he does not satisfy the requirements for a Class A resident or Class A nonresident gill net permit.
CHAPTER 1190
PERTAINING TO GILL NET CONTROL DATE, LIMITED ENTRY AND TRANSFERS
4VAC20-1190-10. Purpose.
The purpose of this chapter is to establish a control date for conservation and management of the gill net fishery through limited entry.
4VAC20-1190-15. Definitions.
The following term when used in this chapter shall have the following meaning unless the context indicates otherwise:
"Gill net" means all gill nets up to 600 feet, or all gill nets over 600 feet and up to 1,200 feet, except any stake gill net of 1,200 feet in length or under with a fixed location.
4VAC20-1190-30. Limited entry and permits.
A. Either a Class A resident gill net permit, a Class A nonresident gill net permit, or a Class B gill net permit shall be required for a harvester before purchasing a gill net license.
B. A commercial fisherman is considered qualified for the Class A resident gill net permit if he is a resident of the Commonwealth of Virginia, possesses a valid Virginia Commercial Fisherman Registration License, and satisfies one of the following conditions:
1. Possessed a valid Virginia gill net license prior to December 31, 2005;
2. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 100 days in any one year from 2006 through 2008;
3. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 60 days in any two years from 2006 through 2008.
C. A commercial fisherman is considered qualified for the Class A nonresident gill net permit if he is not a resident of the Commonwealth of Virginia, possesses a valid Virginia Commercial Fisherman Registration License, and satisfies one of the following conditions:
1. Possessed a valid Virginia gill net license prior to December 31, 2005;
2. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 100 days in any one year from 2006 through 2008;
3. Possessed a valid Virginia gill net license and documented on Virginia mandatory reporting forms harvest from legally licensed gill nets for at least 60 days in any two years from 2006 through 2008.
D. A harvester is considered qualified for the Class B gill net permit if he does not satisfy the requirements described in subsection B or C of this section.
4VAC20-1190-40. Permit limitations.
A. Class A resident gill net permittees or Class A nonresident gill net permittees shall be authorized to purchase any number of gill net licenses provided the maximum footage associated with all purchased gill net licenses does not exceed 12,000 feet.
B. Class B gill net permittees shall be authorized to purchase any number of gill net licenses provided the maximum footage associated with all purchased gill net licenses does not exceed 6,000 feet.
C. A person who does not qualify for either a Class A resident gill net permit, Class A nonresident gill net permit or Class B gill net permit shall not be authorized to purchase any gill net license.
4VAC20-1190-50. Permit transfers.
A. Class A resident gill net permittees may only transfer that permit to another registered commercial fisherman who is a resident of the Commonwealth of Virginia. The transferor and the transferee shall have documented all prior fishing activity on Virginia mandatory reporting forms and shall not be under any sanction by the Marine Resources Commission for noncompliance with the regulation. Transfers must be approved by the commissioner, or his designee, and are permanent. The permanent transfer authorizes the transferee to possess a Class A resident permit and the transferor shall lose his eligibility for that Class A resident gill net permit.
B. Class A nonresident gill net permittees may only transfer that permit to another commercial fisherman who is not a resident of the Commonwealth of Virginia. The transferor and the transferee shall have documented all prior fishing activity on Virginia mandatory reporting forms and shall not be under any sanction by the Marine Resources Commission for noncompliance with the regulation. Transfers must be approved by the commissioner, or his designee, and are permanent. The permanent transfer authorizes the transferee to possess a Class A nonresident permit and the transferor shall lose his eligibility for that Class A nonresident gill net permit.
4VAC20-1190-60. Penalty.
As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.
VA.R. Doc. No. R10-2216; Filed October 30, 2009, 3:10 p.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The State Water Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-71. Regulations Governing the Discharge of Sewage and Other Wastes from Boats (amending 9VAC25-71-70).
Statutory Authority: § 62.1-44.33 of the Code of Virginia; 33 USC § 1322.
Effective Date: December 23, 2009.
Agency Contact: David Lazarus, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4299, FAX (804) 698-4116, or email david.lazarus@deq.virginia.gov.
Summary:
The amendment adds a newly designated boating No Discharge Zone in the Broad Creek, Fishing Bay, and Jackson Creek Watersheds in Middlesex County in order to conform to the EPA’s federal designation of those areas as No Discharge Zones.
9VAC25-71-70. Listing of designated no discharge zones in the Commonwealth of Virginia.
The following are designated no discharge zones:
1. Smith Mountain Lake in the counties of Bedford, Franklin and Pittsylvania, Virginia, from Smith Mountain Dam (Gap of Smith Mountain) upstream to the 795.0 foot contour (normal pool elevation) in all tributaries, including waters to above the confluence with Back Creek in the Roanoke River arm, and to the Brooks Mill Bridge (Route 834) on the Blackwater River arm.
2. The Lynnhaven River Watershed in the City of Virginia Beach, Virginia, including all contiguous waters south of the Lesner Bridge at Lynnhaven Inlet (latitude 36°54'27.90" N and longitude 76°05'30.90" W) and north of the watershed break point at the intersection of West Neck Creek and Dam Neck Road (latitude 36°47'17.60" N and longitude 76°04'14.62" W).
3. Broad Creek, Jackson Creek, and Fishing Bay Watersheds in lower Middlesex County, Virginia: the Broad Creek Watershed No Discharge Zone is defined as all contiguous waters south of the line formed between the points formed by latitude 37°33'46.3" N and longitude -76°18'45.9" W and north to latitude 37°33'47.4" N and longitude -76°19'24.7" W. The Jackson Creek Watershed No Discharge Zone is defined as all contiguous waters west of the of the line formed between the points formed by latitude 37°32'40" N and longitude -76°19'40.6" W at Stove Point Neck and latitude 37°32'46.8" N and longitude -76°19'15.6" W at the western point of the entrance to the eastern prong of Jackson Creek. The Fishing Bay Watershed No Discharge Zone is defined as all contiguous waters north of the line formed between the points formed by latitude 37°32'01.9" N and longitude -76°21'43.5" W at the southernmost tip of Bland Point and latitude 37°31'29.4" N and longitude -76°19'53.6" W at the southernmost tip of Stove Point. This area includes all of Fishing Bay and encompasses Moore Creek and Porpoise Cove.
VA.R. Doc. No. R10-2221; Filed November 4, 2009, 11:21 a.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The following regulation filed by the State Water Control Board is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 9 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.), and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1, if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01, (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit, (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03, and (iv) conducts at least one public hearing on the proposed general permit.
Title of Regulation: 9VAC25-630. Virginia Pollution Abatement General Permit Regulation for Poultry Waste Management (amending 9VAC25-630-10 through 9VAC25-630-60; adding 9VAC25-630-70, 9VAC25-630-80).
Statutory Authority: §§ 62.1-44.15 and 62.1-44.17:1.1 of the Code of Virginia.
Effective Date: January 1, 2010.
Agency Contact: Betsy Bowles, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4059, FAX (804) 698-4116, or email bkbowles@deq.virginia.gov.
Summary:
The State Water Control Board is amending the existing Virginia Pollution Abatement (VPA) Permit Regulation for Poultry Waste Management in order to establish requirements for end-users of poultry waste to ensure that poultry waste is being used in a manner in which state waters are being protected and nutrients losses are being reduced and that these reductions can be measured. The amendments include provisions regarding transferred off-site poultry waste used for land application by another entity other than the poultry grower. These provisions will establish end-user requirements such as land application recordkeeping, poultry waste storage, land application timing and rates, and land application buffer requirements. These provisions will also include the option of coverage under a general permit for a poultry waste end-user or poultry waste broker if noncompliance with the requirements of the proposed technical regulations found in 9VAC25-630-60, 9VAC25-630-70, and 9VAC25-630-80 is determined.
Changes made since the proposal include (i) returning the threshold that triggers recordkeeping to 10 or more tons and (ii) removing certain recordkeeping and annual reporting requirements in 9VAC25-630-50, 9VAC25-630-60, and 9VAC25-630-70.
Concerns have been expressed by the public, legislature, and executive branch that additional safeguards are necessary to ensure that poultry waste that leaves the site and control of the permitted confined poultry feeding operations for land application are managed, applied, and stored in a manner that is protective of water quality. Currently, the VPA General Permit Regulations for Poultry Waste Management (9VAC25-630) require that poultry waste applied on lands owned by the permitted owner/operator of a confined poultry feeding operation be done so in accordance with a nutrient management plan written by a planner certified by the Virginia Department of Conservation and Recreation (DCR). Permitted operations are inspected annually to ensure that poultry waste is stored, applied, and otherwise managed according to the regulations.
However, under the current regulations, poultry waste that is transferred off-site is only required to be accompanied by waste analysis information and a fact sheet (developed by DEQ and DCR) that provides the recipient with general provisions regarding the storage, management, and application of the poultry waste. The end-user must acknowledge receipt of the fact sheet by signing a separate "Poultry Waste Transfer Records" sheet. Maintenance of records, including the date and amount of the transfer, zip code of the location receiving the off-site poultry waste, and nearest stream or waterbody, is the requirement of the owner/operator of the confined poultry feeding operation (or third-part broker if one was involved in the transaction). Records must be made available to DEQ personnel upon inspection of the confined poultry feeding operation. For off-site application of poultry waste, the present regulation does not require records of (i) the amount of waste received by a single farm, (ii) whether or not the poultry waste will be applied in accordance with a nutrient management plan, (iii) soil test levels on receiving fields, (iv) timing of applications, or (v) a description of receiving crops.
9VAC25-630-10. Definitions.
The words and terms used in this chapter shall have the meanings defined in the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) and the Permit Regulation (9VAC25-32) unless the context clearly indicates otherwise, except that for the purposes of this chapter:
"Agricultural storm water" means storm water that is not the sole result of land application of manure, litter or process wastewater. Where manure, litter or process wastewater has been applied in accordance with a nutrient management plan approved by the Virginia Department of Conservation and Recreation and in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter or process wastewater, a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of an animal feeding operation or under the control of a poultry waste end-user or poultry waste broker is an agricultural storm water discharge.
"Animal feeding operation" means a lot or facility (other than an aquatic animal production facility) where both of the following conditions are met:
1. Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and
2. Crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over any portion of the operation of the lot or facility.
Two or more animal feeding operations under common ownership are a single animal feeding operation for the purpose of determining the number of animals at an operation if they adjoin each other or if they use a common area or system for the disposal of wastes.
"Confined animal feeding operation," for the purposes of this regulation, has the same meaning as an "animal feeding operation."
"Confined poultry feeding operation" means any confined animal feeding operation with 200 or more animal units of poultry. This equates to 20,000 chickens or 11,000 turkeys. These numbers are established regardless of animal age or sex.
"Department" means the Virginia Department of Environmental Quality.
"Director" means the Director of the Virginia Department of Environmental Quality or his designee.
"Fact sheet" means the document that details the requirements regarding utilization, storage, and management of poultry waste by poultry waste end-users and poultry waste brokers. The fact sheet is approved by the department, in consultation with the Department of Conservation and Recreation.
"Nutrient management plan" or "NMP" means a plan developed or approved by the Department of Conservation and Recreation that requires proper storage, treatment and management of poultry waste, including dry litter, and limits accumulation of excess nutrients in soils and leaching or discharge of nutrients into state waters.
"Organic source" means any nutrient source including, but not limited to, manures, biosolids, compost, and waste or sludges from animals, humans, or industrial processes, but for the purposes of this regulation it excludes waste from wildlife.
"Permittee" means the poultry grower whose confined poultry feeding operation is, poultry waste end-user, or poultry waste broker whose poultry waste management activities are covered under the general permit.
"Poultry grower" or "grower" means any person who owns or operates a confined poultry feeding operation.
"Poultry waste" means dry poultry litter and composted dead poultry.
"Poultry waste broker" or "broker" means a person, other than the poultry grower, who possesses more than 10 tons of or controls poultry waste in any 365-day period that is not generated on an animal feeding operation under their operational control and who transfers some or all of the or hauls poultry waste to other persons. If the entity is defined as a broker they cannot be defined as a hauler for the purposes of this regulation.
"Poultry waste end-user" or "end-user" means any recipient of transferred poultry waste who stores or who utilizes the waste as fertilizer, fuel, feedstock, livestock feed, or other beneficial end use for an operation under his control.
"Poultry waste hauler" or "hauler" means a person who provides transportation of transferred poultry waste from one entity to another, and is not otherwise involved in the transfer or transaction of the waste, nor responsible for determining the recipient of the waste. The responsibility of the recordkeeping and reporting remains with the entities to which the service was provided: grower, broker, and end-user.
"Standard rate" means a land application rate for poultry waste approved by the board as specified in this regulation.
"Vegetated buffer" means a permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching surface waters.
9VAC25-630-20. Purpose; delegation of authority; effective date of permit.
A. This general permit regulation governs the management of poultry waste at confined poultry feeding operations not covered by a Virginia Pollution Discharge Elimination System (VPDES) permit and poultry waste utilized or stored by poultry waste end-users or poultry waste brokers. It establishes requirements for proper nutrient management, waste storage, and waste tracking and accounting of poultry waste.
B. The Director of the Department of Environmental Quality, or his designee, may perform any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia.
C. This general permit will become effective on December 1, 2000. This general permit will expire 10 years from the effective date.
9VAC25-630-30. Authorization to manage pollutants.
A. Poultry grower. Any poultry grower governed by this general permit is hereby authorized to manage pollutants at confined poultry feeding operations provided that the poultry grower files the registration statement of 9VAC25-630-40, complies with the requirements of 9VAC25-630-50, and provided that:
1. The poultry grower has not been required to obtain a Virginia Pollution Discharge Elimination System (VPDES) permit or an individual permit according to 9VAC25-32-260 B;
2. The activities of the confined poultry feeding operation shall not contravene the Water Quality Standards, as amended and adopted by the board, or any provision of the State Water Control Law. There shall be no point source discharge of wastewater to surface waters of the state except in the case of a storm event greater than the 25-year, 24-hour storm. Agricultural storm water discharges are permitted. Domestic sewage or industrial waste shall not be managed under this general permit;
3. Confined poultry feeding operations that use disposal pits for routine disposal of daily mortalities shall not be covered under this general permit. The use of a disposal pit by a permittee for routine disposal of daily poultry mortalities shall be considered a violation of this permit. This prohibition shall not apply to the emergency disposal of dead poultry done according to regulations adopted pursuant to § 3.1-726 § 3.2-6002 or Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia;
4. The Department of Conservation and Recreation must approve a nutrient management plan for the confined poultry feeding operation prior to the submittal of the registration statement. The poultry grower shall attach to the registration statement a copy of the approved nutrient management plan and a copy of the letter from the Department of Conservation and Recreation certifying approval of the nutrient management plan, and if the plan was written after December 31, 2005, that the plan was developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia. The poultry grower shall implement the approved nutrient management plan;
5. Adjoining property notification.
a. When a poultry grower files a general permit registration statement for a confined poultry feeding operation that proposes construction of poultry growing houses after December 1, 2000, the poultry grower shall also give notice to all owners or residents of property that adjoins the property on which the proposed confined poultry feeding operation will be located. Such notice shall include (i) the types and maximum number of poultry which will be maintained at the facility and (ii) the address and phone number of the appropriate department regional office to which comments relevant to the permit may be submitted.
b. Any person may submit written comments on the proposed operation to the department within 30 days of the date of the filing of the registration statement. If, on the basis of such written comments or his review, the director determines that the proposed operation will not be capable of complying with the provisions of the general permit, the director shall require the owner to obtain an individual permit for the operation. Any such determination by the director shall be made in writing and received by the poultry grower not more than 45 days after the filing of the registration statement or, if in the director's sole discretion additional time is necessary to evaluate comments received from the public, not more than 60 days after the filing of the registration statement; and
6. Each poultry grower covered by this general permit shall complete the a training program offered or approved by the Department of Conservation and Recreation department within one year of filing the registration statement for general permit coverage. All poultry growers shall complete a training program at least once every five years.
B. Poultry waste end-user, poultry waste broker. Any poultry waste end-user or poultry waste broker who receives transferred poultry waste shall comply with the requirements outlined in 9VAC25-630-60, 9VAC25-630-70, and 9VAC25-630-80 regarding utilization, storage, tracking, and accounting of poultry waste in his possession or under his control.
1. Any poultry waste end-user or poultry waste broker who does not comply with the requirements of 9VAC25-630-60, 9VAC25-630-70, and 9VAC25-630-80 may be required to obtain coverage under the general permit.
2. Any poultry waste end-user or poultry waste broker governed by this general permit is hereby authorized to manage pollutants relating to the utilization and storage of poultry waste provided that the poultry waste end-user or poultry waste broker files the registration statement of 9VAC25-630-40, complies with the requirements of 9VAC25-630-50, and provided that:
a. The poultry waste end-user or poultry waste broker has not been required to obtain a Virginia Pollution Abatement individual permit according to subdivision 2 b of 9VAC25-32-260;
b. The activities of the poultry waste end-user or poultry waste broker shall not contravene the Water Quality Standards, as amended and adopted by the board, or any provision of the State Water Control Law (§ 62.1-44 et seq. of the Code of Virginia). There shall be no point source discharge of wastewater to surface waters of the state except in the case of a storm event greater than the 25-year, 24-hour storm. Agricultural storm water discharges are permitted. Domestic sewage or industrial waste shall not be managed under this general permit;
c. The Department of Conservation and Recreation must approve a nutrient management plan for land application sites where poultry waste will be utilized or stored and managed by the poultry waste end-user or the poultry waste broker prior to the submittal of the registration statement. The poultry waste end-user or the poultry waste broker shall attach to the registration statement a copy of the approved nutrient management plan and a copy of the letter from the Department of Conservation and Recreation certifying approval of the nutrient management plan, and if the plan was written after December 31, 2005, that the plan was developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia. The poultry waste end-user or the poultry waste broker shall implement the approved nutrient management plan; and
d. Each poultry waste end-user or poultry waste broker covered by this general permit shall complete a training program offered or approved by the department within one year of filing the registration statement for general permit coverage. All permitted end-users or permitted brokers shall complete a training program at least once every five years.
B. C. Receipt of this general permit does not relieve any poultry grower, poultry waste end-user, or poultry waste broker of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation.
9VAC25-630-40. Registration statement.
A. Poultry growers. In order to be covered under the general permit, the poultry grower shall file a complete VPA General Permit Registration Statement. The registration statement shall contain the following information:
1. The poultry grower's name, mailing address and telephone number;
2. The location of the confined poultry feeding operation;
3. The name and telephone number of a contact person or operator other than the poultry grower, if necessary;
4. The best time of day and day of the week to contact the poultry grower or contact person;
5. If the facility has an existing VPA permit, the permit number;
6. The types of poultry and the maximum numbers of each type to be grown at the facility at any one time;
7. Identification of the method of dead bird disposal;
8. An indication of whether new poultry growing houses are under construction or planned for construction;
9. A copy of the nutrient management plan approved by the Department of Conservation and Recreation and a;
10. A copy of the Department of Conservation and Recreation nutrient management plan approval letter certifying approval of the plan; [ ,which that ] also certifies that the plan was developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia; and
10. 11. The following certification: "I certify that notice of the registration statement for any confined poultry feeding operation that proposes construction of poultry growing houses after December 1, 2000, has been given to all owners or residents of property that adjoins the property on which the confined poultry feeding operation will be located. This notice included the types and numbers of poultry which will be grown at the facility and the address and phone number of the appropriate Department of Environmental Quality regional office to which comments relevant to the permit may be submitted. I certify under penalty of law that all the requirements of the board for the general permit are being met and that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
B. Poultry waste end-users or poultry waste brokers. In order to be covered under the general permit, the poultry waste end-user or poultry waste broker shall file a complete VPA General Permit Registration Statement. The registration statement shall contain the following information:
1. The poultry waste end-user's or poultry waste broker's name, mailing address, and telephone number;
2. The location of the operation where the poultry waste will be utilized, stored, or managed;
3. The best time of day and day of the week to contact the poultry waste end-user or poultry waste broker;
4. If the facility has an existing VPA permit, the permit number;
5. If confined poultry are located at the facility, indicate the number of confined poultry;
6. A copy of the nutrient management plan approved by the Department of Conservation and Recreation;
7. A copy of the Department of Conservation and Recreation nutrient management plan approval letter that also certifies that the plan was developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia; and
8. The following certification: "I certify under penalty of law that all the requirements of the board for the general permit are being met and that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
B. C. The registration statement shall be signed in accordance with 9VAC25-32-50.
9VAC25-630-50. Contents of the general permit.
Any poultry grower, poultry waste end-user, or poultry waste broker whose registration statement is accepted by the board will receive the following general permit and shall comply with the requirements therein and be subject to the VPA Permit Regulation, 9VAC25-32.
General Permit No. VPG2
Effective Date: December 1, 2000
Modification Date: January 1, 2006
[ Modification Date: January 1, 2010 ]
Expiration Date: November 30, 2010
GENERAL PERMIT FOR POULTRY WASTE MANAGEMENT AT CONFINED POULTRY FEEDING OPERATIONS
AUTHORIZATION TO MANAGE POLLUTANTS UNDER THE VIRGINIA POLLUTION ABATEMENT PROGRAM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the State Water Control Law and State Water Control Board regulations adopted pursuant thereto, owners of confined poultry feeding operations having 200 or more animal units, poultry waste end-users, and poultry waste brokers are authorized to manage pollutants within the boundaries of the Commonwealth of Virginia, except where board regulations or policies prohibit such activities.
The authorized pollutant management activities shall be in accordance with the registration statement and supporting documents submitted to the Department of Environmental Quality, this cover page, and Part I—Pollutant Management and Monitoring Requirements for Confined Poultry Feeding Operations and Part II—Conditions Applicable to All VPA Permits and Part III—Pollutant Management and Monitoring Requirements for Poultry Waste End-Users and Poultry Waste Brokers, as set forth herein.
Part I
Pollutant Management and Monitoring Requirements for Confined Poultry Feeding Operations
A. Pollutant management authorization and monitoring requirements.
1. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to manage pollutants at the location or locations identified in the registration statement and the facility's approved nutrient management plan.
2. If poultry waste is land applied, it shall be applied at the rates specified in the facility's approved nutrient management plan.
3. Soil at the land application sites shall be monitored as specified below. Additional soils monitoring may be required in the facility's approved nutrient management plan.
SOILS MONITORING |
PARAMETERS | LIMITATIONS | UNITS | MONITORING REQUIREMENTS |
Frequency | Sample Type |
pH | NL | SU | 1/3 years | Composite |
Phosphorus | NL | ppm or lbs/ac | 1/3 years | Composite |
Potash | NL | ppm or lbs/ac | 1/3 years | Composite |
Calcium | NL | ppm or lbs/ac | 1/3 years | Composite |
Magnesium | NL | ppm or lbs/ac | 1/3 years | Composite |
NL = No limit, this is a monitoring requirement only. |
SU = Standard Units |
4. Poultry waste shall be monitored as specified below. Additional waste monitoring may be required in the facility's approved nutrient management plan.
WASTE MONITORING |
PARAMETERS | LIMITATIONS | UNITS | MONITORING REQUIREMENTS |
Frequency | Sample Type |
Total Kjeldahl Nitrogen | NL | * | 1/3 years | Composite |
Ammonia Nitrogen | NL | * | 1/3 years | Composite |
Total Phosphorus | NL | * | 1/3 years | Composite |
Total Potassium | NL | * | 1/3 years | Composite |
Moisture Content | NL | % | 1/3 years | Composite |
NL = No limit, this is a monitoring requirement only. |
*Parameters for waste may be reported as a percent, as lbs/ton or lbs/1000 gallons, or as ppm where appropriate. |
5. Analysis of soil and waste shall be according to methods specified in the facility's approved nutrient management plan.
6. All monitoring data required by Part I A shall be maintained on site in accordance with Part II B. Reporting of results to the department is not required; however, the monitoring results shall be made available to department personnel upon request.
B. Other requirements or special conditions.
1. The confined poultry feeding operation shall be designed and operated to (i) prevent point source discharges of pollutants to state waters except in the case of a storm event greater than the 25-year, 24-hour storm and (ii) provide adequate waste storage capacity to accommodate periods when the ground is ice covered, snow covered or saturated, periods when land application of nutrients should not occur due to limited or nonexistent crop nutrient uptake, and periods when physical limitations prohibit the land application of waste.
2. Poultry waste shall be stored according to the nutrient management plan and in a manner that prevents contact with surface water and ground water. Poultry waste that is stockpiled outside of the growing house for more than 14 days shall be kept in a facility that provides adequate storage. Adequate storage shall, at a minimum, include the following:
a. Poultry waste shall be covered to protect it from precipitation and wind;
b. Storm water shall not run onto or under the stored poultry waste; and
c. A minimum of two feet separation distance to the seasonal high water table or an impermeable barrier shall be used under the stored poultry waste. All poultry waste storage facilities that use an impermeable barrier shall maintain a minimum of one foot separation between the seasonal high water table and the impermeable barrier. "Seasonal high water table" means that portion of the soil profile where a color change has occurred in the soil as a result of saturated soil conditions or where soil concretions have formed. Typical colors are gray mottlings, solid gray or black. The depth in the soil at which these conditions first occur is termed the seasonal high water table. Impermeable barriers must be constructed of at least 12 inches of compacted clay, at least four inches of reinforced concrete, or another material of similar structural integrity that has a minimum permeability rating of 0.0014 inches per hour (1X10-6 centimeters per second).
3. Poultry waste storage facilities constructed after December 1, 2000, shall not be located within a 100-year floodplain unless the poultry grower has no land outside the floodplain on which to construct the facility and the facility is constructed so that the poultry waste is stored above the 100-year flood elevation or otherwise protected from floodwaters through the construction of berms or similar best management flood control structures. New, expanded or replacement poultry growing houses that are constructed after December 1, 2000, shall not be located within a 100-year floodplain unless they are part of an existing, ongoing confined poultry feeding operation and are constructed so that the poultry and poultry litter are housed above the 100-year flood elevation or otherwise protected from floodwaters through construction of berms or similar best management flood control structures.
4. Poultry waste may be transferred from a permitted poultry grower to another person or broker without the requirement for the identification of identifying the fields where such waste. will be applied utilized in the facility's permitted poultry grower's approved nutrient management plan if the following conditions are met:
a. When a poultry grower transfers to another person more than 10 [ five or ] more [ than 10 ] tons of poultry waste in any 365-day period, the poultry grower shall provide that person a with:
(1) Grower name, address, and permit number;
(2) A copy of the most recent nutrient analysis for of the poultry waste; and a
(3) A fact sheet approved by the department, in consultation with the Department of Conservation and Recreation, that includes appropriate practices for proper storage and management of the waste. The person or broker receiving the waste shall provide the poultry grower:.
(1) His name and address,
(2) Written acknowledgement of receipt of the waste,
(3) The nutrient analysis of the waste, and
(4) The fact sheet.
If the person receiving the waste is a poultry waste broker, then he shall also certify in writing that he will provide a copy of the nutrient analysis and fact sheet to each end user to whom he transfers poultry waste.
b. When a poultry grower transfers to another person more than 10 [ five or ] more [ than 10 ] tons of poultry waste in any 365-day period, the poultry grower shall keep a record of the following:
(1) The recipient name and address;
(1) (2) The amount of poultry waste received by the person,;
(2) (3) The date of the transaction,;
(3) (4) The nutrient analysis of the waste,; and
(4) The locality in which the recipient intends to utilize the waste (i.e. nearest town or city and zip code),
(5) The name of the stream or waterbody known to the recipient that is nearest to the waste utilization site, and
(6) (5) The signed waste transfer acknowledgement. records form acknowledging the receipt of the following:
(a) The waste;
(b) The nutrient analysis of the waste; and
(c) A fact sheet.
These records shall be maintained on site for three years after the transaction and shall be made available to department personnel upon request.
c. Poultry waste generated by this facility shall not be applied to fields owned by or under the operational control of either the poultry grower or a legal entity in which the poultry grower has an ownership interest unless the fields are included in the facility's approved nutrient management plan.
c. When a poultry grower transfers to another person [ five or ] more [ than 10 ] tons of poultry waste in any 365-day period, and the recipient of the waste is someone other than a broker, the poultry grower shall keep a record of the following:
(1) The locality in which the recipient intends to utilize the waste (i.e., nearest town or city and zip code); [ and ]
(2) The name of the stream or waterbody if known to the recipient that is nearest to the waste utilization or storage site [ ; and. ]
[ (3) If the waste is utilized for land application, if known indicate the method used to determine the land application rates (i.e., phosphorus crop removal, standard rate, soil test recommendations, or a nutrient management plan). ]
d. [ Poultry growers shall submit copies of the records required by Part I B 4 a, b, and c to the department annually, on a form approved by the department. Records for the preceding calendar year shall be submitted to the department not later than February 15. ] Poultry growers shall maintain the records required by Part I B 4 a, b, and c for at least three years after the transaction and shall make them available to department personnel upon request.
e. Poultry waste generated by this facility shall not be applied to fields owned by or under the operational control of either the poultry grower or a legal entity in which the poultry grower has an ownership interest unless the fields are included in the facility's approved nutrient management plan.
5. Confined poultry feeding operations that use disposal pits for routine disposal of daily mortalities shall not be covered under this general permit. The use of a disposal pit for routine disposal of daily poultry mortalities by a permittee shall be considered a violation of this permit. This prohibition does not apply to the emergency disposal of dead poultry done according to regulations adopted pursuant to § 3.1-726 § 3.2-6002 of the Code of Virginia or Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia.
6. The poultry grower shall implement a nutrient management plan (NMP) approved by the Department of Conservation and Recreation and maintain the plan on site. All NMP's written after December 31, 2005, shall be developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia. The NMP shall be enforceable through this permit. The NMP shall contain at a minimum the following information:
a. Site map indicating the location of the waste storage facilities and the fields where waste generated by this facility will be applied by the poultry grower. The location of fields as identified in Part I subdivision B 4 c e shall also be included;
b. Site evaluation and assessment of soil types and potential productivities;
c. Nutrient management sampling including soil and waste monitoring;
d. Storage and land area requirements for the grower's poultry waste management activities;
e. Calculation of waste application rates; and
f. Waste application schedules.
7. When the poultry waste storage facility is no longer needed, the permittee shall close it in a manner that: (i) minimizes the need for further maintenance and (ii) controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, the postclosure escape of uncontrolled leachate, surface runoff, or waste decomposition products to the ground water, surface water or the atmosphere. At closure, the permittee shall remove all poultry waste residue from the waste storage facility. At waste storage facilities without permanent covers and impermeable ground barriers, all residual poultry waste shall be removed from the surface below the stockpile when the poultry waste is taken out of storage. Removed waste materials shall be utilized according to the NMP.
8. Nitrogen application rates contained in the NMP shall not exceed crop nutrient needs as determined by the Department of Conservation and Recreation. The application of poultry waste shall be managed to minimize runoff, leachate, and volatilization losses, and reduce adverse water quality impacts from nitrogen.
9. For all NMPs developed after October 1, 2001, and on or before December 31, 2005, phosphorus application rates shall not exceed the greater of crop nutrient needs or crop nutrient removal as determined by the Department of Conservation and Recreation. For all NMPs developed after December 31, 2005, phosphorus application rates shall conform solely to the Department of Conservation and Recreation's regulatory criteria and standards in effect at the time the NMP is written. The application of poultry waste shall be managed to minimize runoff and leaching and reduce adverse water quality impacts from phosphorous.
10. The timing of land application of poultry waste shall be according to the schedule contained in the NMP, except that no waste may be applied to ice or snow covered ground or to soils that are saturated. Poultry waste may be applied to frozen ground within the NMP scheduled times only under the following conditions:
a. Slopes are not greater than 6.0%;
b. A minimum of a 200-foot vegetative or adequate crop residue buffer is maintained between the application area and all surface water courses;
c. Only those soils characterized by USDA as "well drained" with good infiltration are used; and
d. At least 60% uniform cover by vegetation or crop residue is present in order to reduce surface runoff and the potential for leaching of nutrients to ground water.
11. Buffer zones at waste application sites shall, at a minimum, be maintained as follows:
a. Distance from occupied dwellings not on the permittee's property: 200 feet (unless the occupant of the dwelling signs a waiver of the buffer zone);
b. Distance from water supply wells or springs: 100 feet;
c. Distance from surface water courses: 100 feet (without a permanent vegetated buffer) or 35 feet (if a permanent vegetated buffer exists).
Other site-specific conservation practices may be approved by the department that will provide pollutant reductions equivalent or better than the reductions that would be achieved by the 100-foot buffer.
d. Distance from rock outcropping (except limestone): 25 feet;
e. Distance from limestone outcroppings: 50 feet; and
f. Waste shall not be applied in such a manner that it would discharge to sinkholes that may exist in the area.
12. Records The following records shall be maintained to demonstrate where and at what rate waste has been applied, that the application schedule has been followed, and what crops have been planted.:
a. The identification of the land application field sites where the waste is utilized or stored;
b. The application rate;
c. The application dates; and
d. What crops have been planted.
These records shall be maintained on site for a period of three years after recorded application is made and shall be made available to department personnel upon request.
13. Each poultry grower covered by this general permit shall complete the a training program offered or approved by the Department of Conservation and Recreation department within one year of filing the registration statement has been submitted for general permit coverage. All poultry growers shall complete a training program at least once every five years.
Part II
Conditions Applicable to all VPA Permits
A. Monitoring.
1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to procedures listed under 40 CFR Part 136 unless other procedures have been specified in this permit.
3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The name of the individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The name of the individual(s) who performed the analyses;
e. The analytical techniques or methods used, with supporting information such as observations, readings, calculations and bench data; and
f. The results of such analyses.
2. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit for a period of at least three years from the date of the sample, measurement, report or application. This period of retention may be extended by request of the board at any time.
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after the monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.
2. Monitoring results shall be reported on forms provided or specified by the department.
3. If the permittee monitors the pollutant management activity, at a sampling location specified in this permit, for any pollutant more frequently than required by the permit using approved analytical methods, the permittee shall report the results of this monitoring on the monitoring report.
4. If the permittee monitors the pollutant management activity, at a sampling location specified in this permit, for any pollutant that is not required to be monitored by the permit, and uses approved analytical methods, the permittee shall report the results with the monitoring report.
5. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.
D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information which the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the department, upon request, copies of records required to be kept by the permittee. Plans, specifications, maps, conceptual reports and other relevant information shall be submitted as requested by the board prior to commencing construction.
E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with this permit, or another permit issued by the board, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows (i) a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part II F or (ii) a discharge that may reasonably be expected to enter state waters in violation of Part II F shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.
Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part II I 2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The permittee shall report any noncompliance which may adversely affect state waters or may endanger public health.
1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph:
a. Any unanticipated bypass; and
b. Any upset which causes a discharge to surface waters.
2. A written report shall be submitted within five days and shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.
3. The permittee shall report all instances of noncompliance not reported under Part II I 1 or 2 in writing at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II I 2.
NOTE: The immediate (within 24 hours) reports required in Parts II F, G and H may be made to the department's regional office. For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24-hour telephone service at 1-800-468-8892.
J. Notice of planned changes.
1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the design or operation of the pollutant management activity.
2. The permittee shall give at least 10 days advance notice to the department of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.
K. Signatory requirements.
1. Applications. All permit applications shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
2. Reports, etc. All reports required by permits, and other information requested by the board shall be signed by a person described in Part II K 1, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described in Part II K 1;
b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, or a position of equivalent responsibility. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and
c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part II K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to or together with any reports, or information to be signed by an authorized representative.
4. Certification. Any person signing a document under Part II K 1 or 2 shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. Compliance with a permit during its term constitutes compliance, for purposes of enforcement, with the State Water Control Law.
M. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. All permittees with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit unless permission for a later date has been granted by the board. The board shall not grant permission for applications to be submitted later than the expiration date of the existing permit.
N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations.
O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other state law or regulation or under authority preserved by § 510 of the federal Clean Water Act. Except as provided in permit conditions on bypassing (Part II U), and upset (Part II V), nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
Q. Proper operation and maintenance. The permittee shall be responsible for the proper operation and maintenance of all treatment works, systems and controls which are installed or used to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures.
R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any pollutant management activity in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.
T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
U. Bypass.
1. Prohibition. "Bypass" means intentional diversion of waste streams from any portion of a treatment works. A bypass of the treatment works is prohibited except as provided herein.
2. Anticipated bypass. If the permittee knows in advance of the need for a bypass, he shall notify the department promptly at least 10 days prior to the bypass. After considering its adverse effects, the board may approve an anticipated bypass if:
a. The bypass will be unavoidable to prevent loss of human life, personal injury, or severe property damage. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production; and
b. There are no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment downtime. However, if bypass occurs during normal periods of equipment downtime or preventive maintenance and in the exercise of reasonable engineering judgment the permittee could have installed adequate backup equipment to prevent such bypass, this exclusion shall not apply as a defense.
3. Unplanned bypass. If an unplanned bypass occurs, the permittee shall notify the department as soon as possible, but in no case later than 24 hours, and shall take steps to halt the bypass as early as possible. This notification will be a condition for defense to an enforcement action that an unplanned bypass met the conditions in paragraphs U 2 a and b and in light of the information reasonably available to the permittee at the time of the bypass.
V. Upset. A permittee may claim an upset as an affirmative defense to an action brought for noncompliance. In any enforcement proceedings a permittee shall have the burden of proof to establish the occurrence of any upset. In order to establish an affirmative defense of upset, the permittee shall present properly signed, contemporaneous operating logs or other relevant evidence that shows:
1. That an upset occurred and that the cause can be identified;
2. That the permitted facility was at the time being operated efficiently and in compliance with proper operation and maintenance procedures;
3. That the 24-hour reporting requirements to the department were met; and
4. That the permittee took all reasonable steps to minimize or correct any adverse impact on state waters resulting from noncompliance with the permit.
W. Inspection and entry. Upon presentation of credentials, any duly authorized agent of the board may, at reasonable times and under reasonable circumstances:
1. Enter upon any permittee's property, public or private and have access to records required by this permit;
2. Have access to, inspect and copy any records that must be kept as part of permit conditions;
3. Inspect any facility's equipment (including monitoring and control equipment) practices or operations regulated or required under the permit; and
4. Sample or monitor any substances or parameters at any locations for the purpose of assuring permit compliance or as otherwise authorized by the State Water Control Law.
For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is involved in managing pollutants. Nothing contained herein shall make an inspection unreasonable during an emergency.
X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause upon the request of the permittee or interested persons, or upon the board's initiative. If a permittee files a request for a permit modification, revocation, or termination, or files a notification of planned changes, or anticipated noncompliance, the permit terms and conditions shall remain effective until the request is acted upon by the board. This provision shall not be used to extend the expiration date of the effective VPA permit.
Y. Transfer of permits.
1. Permits are not transferable to any person except after notice to the department. The board may require modification or revocation and reissuance of the permit to change the name of the permittee and to incorporate such other requirements as may be necessary. Except as provided in Part II Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified to reflect the transfer or has been revoked and reissued to the new owner or operator.
2. As an alternative to transfers under Part II Y 1, this permit shall be automatically transferred to a new permittee if:
a. The current permittee notifies the department at least 30 days in advance of the proposed transfer of the title to the facility or property;
b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and
c. The board does not, within the 30-day time period, notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit.
Z. Severability. The provisions of this permit are severable and, if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby.
Part III
Pollutant Management and Monitoring Requirements for Poultry Waste End-Users and Poultry Brokers
A. Pollutant management authorization and monitoring requirements.
1. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to manage pollutants at the location or locations identified in the registration statement and the permittee's approved nutrient management plan.
2. If poultry waste is land applied on land under the permittee’s operational control, it shall be applied at the rates specified in the permittee's approved nutrient management plan.
3. Soil at the land application sites shall be monitored as specified below. Additional soils monitoring may be required in the permittee's approved nutrient management plan.
SOILS MONITORING |
PARAMETERS | LIMITATIONS | UNITS | MONITORING REQUIREMENTS |
Frequency | Sample Type |
pH | NL | SU | 1/3 years | Composite |
Phosphorus | NL | ppm or lbs/ac | 1/3 years | Composite |
Potash | NL | ppm or lbs/ac | 1/3 years | Composite |
Calcium | NL | ppm or lbs/ac | 1/3 years | Composite |
Magnesium | NL | ppm or lbs/ac | 1/3 years | Composite |
NL = No limit, this is a monitoring requirement only. |
SU = Standard Units |
4. Poultry waste shall be monitored as specified below. Additional waste monitoring may be required in the permittee's approved nutrient management plan.
WASTE MONITORING |
PARAMETERS | LIMITATIONS | UNITS | MONITORING REQUIREMENTS |
Frequency | Sample Type |
Total Kjeldahl Nitrogen | NL | * | 1/3 years | Composite |
Ammonia Nitrogen | NL | * | 1/3 years | Composite |
Total Phosphorus | NL | * | 1/3 years | Composite |
Total Potassium | NL | * | 1/3 years | Composite |
Moisture Content | NL | % | 1/3 years | Composite |
NL = No limit, this is a monitoring requirement only. |
*Parameters for waste may be reported as a percent, as lbs/ton or lbs/1000 gallons, or as ppm where appropriate. |
5. If waste from two or more poultry waste sources is commingled or stored then a sample that best represents the waste shall be used to calculate the nutrients available in the poultry waste for land application and shall be provided to the end-user of the waste.
6. Analysis of soil and waste shall be according to methods specified in the permittee's approved nutrient management plan.
7. All monitoring data required by Part III A shall be maintained on site in accordance with Part II B. Reporting of results to the department is not required; however, the monitoring results shall be made available to department personnel upon request.
B. Other requirements or special conditions.
1. Poultry waste storage facilities shall be designed and operated to (i) prevent point source discharges of pollutants to state waters except in the case of a storm event greater than the 25-year, 24-hour storm and (ii) provide adequate waste storage capacity to accommodate periods when the ground is ice covered, snow covered or saturated, periods when land application of nutrients should not occur due to limited or nonexistent crop nutrient uptake, and periods when physical limitations prohibit the land application of waste.
2. Poultry waste shall be stored according to the approved nutrient management plan and in a manner that prevents contact with surface water and ground water. Poultry waste that is stockpiled outside for more than 14 days shall be kept in a facility that provides adequate storage. Adequate storage shall, at a minimum, include the following:
a. Poultry waste shall be covered to protect it from precipitation and wind;
b. Storm water shall not run onto or under the stored poultry waste; and
c. A minimum of two feet separation distance to the seasonal high water table or an impermeable barrier shall be used under the stored poultry waste. All poultry waste storage facilities that use an impermeable barrier shall maintain a minimum of one foot separation between the seasonal high water table and the impermeable barrier. "Seasonal high water table" means that portion of the soil profile where a color change has occurred in the soil as a result of saturated soil conditions or where soil concretions have formed. Typical colors are gray mottlings, solid gray, or black. The depth in the soil at which these conditions first occur is termed the seasonal high water table. Impermeable barriers must be constructed of at least 12 inches of compacted clay, at least four inches of reinforced concrete, or another material of similar structural integrity that has a minimum permeability rating of 0.0014 inches per hour (1X10-6 centimeters per second).
3. Poultry waste storage facilities constructed after December 1, 2000, shall not be located within a 100-year floodplain unless there is no land available outside the floodplain on which to construct the facility and the facility is constructed so that the poultry waste is stored above the 100-year flood elevation or otherwise protected from floodwaters through the construction of berms or similar best management flood control structures.
4. When a poultry waste end-user or poultry waste broker receives, possesses, or has control over [ five or ] more [ than 10 ] tons of transferred poultry waste in any 365-day period, he shall provide the person from whom he received the poultry waste with:
a. The end-user or broker name, address, and permit number;
b. If the recipient of the poultry waste is an end-user, then he shall also provide the person from whom he received the poultry waste the following information:
(1) The locality in which the recipient intends to utilize the waste (i.e., nearest town or city and zip code);
(2) The name of the stream or waterbody if known to the recipient that is nearest to the waste utilization or storage site;
c. Written acknowledgement of receipt of:
(1) The waste;
(2) The nutrient analysis of the waste; and
(3) The fact sheet.
If the person receiving the waste is a poultry waste broker, then he shall also certify in writing that he will provide a copy of the nutrient analysis and fact sheet to each end user to whom he transfers poultry waste.
5. When a poultry waste broker transfers or hauls poultry waste to other persons, he shall provide the person who received the poultry waste with:
a. Broker name, address, and permit number;
b. The nutrient analysis of the waste; and
c. A fact sheet.
6. When a poultry waste end-user or poultry waste broker is a recipient of [ five or ] more [ than 10 ] tons of transferred poultry waste in any 365-day period, the poultry waste end-user or poultry waste broker shall keep a record regarding the transferred poultry waste:
a. The following items shall be recorded regarding the source of the transferred poultry waste:
(1) The source name and address;
(2) The amount of poultry waste received from the source; and
(3) The date the poultry waste was acquired.
b. The following items shall be recorded regarding the recipient of the transferred poultry waste:
(1) The recipient name and address;
(2) The amount of poultry waste received by the person;
(3) The date of the transaction;
(4) The nutrient content of the waste;
(5) The locality in which the recipient intends to utilize the waste (i.e., nearest town or city and zip code);
(6) The name of the stream or waterbody if known to the recipient that is nearest to the waste utilization or storage site; [ and ]
[ (7) If the waste is utilized for land application, if known indicate the method used to determine the land application rates (i.e., phosphorus crop removal, standard rate, soil test recommendations, or a nutrient management plan); and
(8) (7) ] The signed waste transfer records form acknowledging the receipt of the following:
(a) The waste;
(b) The nutrient analysis of the waste; and
(c) A fact sheet.
7. [ End-users or brokers shall submit copies of the records required by Part III B 6 to the department annually on a form approved by the department. Records for the preceding calendar year shall be submitted to the department not later than February 15. ] End-users or brokers shall maintain the records required by Part III B 6 for at least three years after the transaction and make them available to department personnel upon request.
8. If poultry waste is also generated by this facility it shall not be applied to fields owned by or under the operational control of either the permittee or a legal entity in which the permittee has an ownership interest unless the fields are included in the permittee’s approved nutrient management plan.
9. Poultry feeding operations that use disposal pits for routine disposal of daily mortalities shall not be covered under this general permit. The use of a disposal pit for routine disposal of daily poultry mortalities by a permittee shall be considered a violation of this permit. This prohibition does not apply to the emergency disposal of dead poultry done according to regulations adopted pursuant to § 3.2-6002 of the Code of Virginia or Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia.
10. The permittee shall implement a nutrient management plan (NMP) approved by the Department of Conservation and Recreation and maintain the plan on site. All NMP's written after December 31, 2005, shall be developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia. The NMP shall be enforceable through this permit. The NMP shall contain at a minimum the following information:
a. Site map indicating the location of the waste storage facilities and the fields where waste will be applied by the permittee. The location of fields as identified in Part III B 8 shall also be included;
b. Site evaluation and assessment of soil types and potential productivities;
c. Nutrient management sampling including soil and waste monitoring;
d. Storage and land area requirements for the permittee's poultry waste management activities;
e. Calculation of waste application rates; and
f. Waste application schedules.
11. When the poultry waste storage facility is no longer needed, the permittee shall close it in a manner that: (i) minimizes the need for further maintenance and (ii) controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, the postclosure escape of uncontrolled leachate, surface runoff, or waste decomposition products to the ground water, surface water, or the atmosphere. At closure, the permittee shall remove all poultry waste residue from the waste storage facility. At waste storage facilities without permanent covers and impermeable ground barriers, all residual poultry waste shall be removed from the surface below the stockpile when the poultry waste is taken out of storage. Removed waste materials shall be utilized according to the NMP.
12. Nitrogen application rates contained in the NMP shall not exceed crop nutrient needs as determined by the Department of Conservation and Recreation. The application of poultry waste shall be managed to minimize runoff, leachate, and volatilization losses, and reduce adverse water quality impacts from nitrogen.
13. Phosphorus application rates shall conform solely to the Department of Conservation and Recreation's regulatory criteria and standards in effect at the time the NMP is written. The application of poultry waste shall be managed to minimize runoff and leaching and reduce adverse water quality impacts from phosphorous.
14. The timing of land application of poultry waste shall be according to the schedule contained in the NMP, except that no waste may be applied to ice- or snow-covered ground or to soils that are saturated. Poultry waste may be applied to frozen ground within the NMP scheduled times only under the following conditions:
a. Slopes are not greater than 6.0%;
b. A minimum of a 200-foot vegetative or adequate crop residue buffer is maintained between the application area and all surface water courses;
c. Only those soils characterized by USDA as "well drained" with good infiltration are used; and
d. At least 60% uniform cover by vegetation or crop residue is present in order to reduce surface runoff and the potential for leaching of nutrients to ground water.
15. Buffer zones at waste application sites shall, at a minimum, be maintained as follows:
a. Distance from occupied dwellings not on the permittee's property: 200 feet (unless the occupant of the dwelling signs a waiver of the buffer zone);
b. Distance from water supply wells or springs: 100 feet;
c. Distance from surface water courses: 100 feet (without a permanent vegetated buffer) or 35 feet (if a permanent vegetated buffer exists). Other site-specific conservation practices may be approved by the department that will provide pollutant reductions equivalent or better than the reductions that would be achieved by the 100-foot buffer;
d. Distance from rock outcropping (except limestone): 25 feet;
e. Distance from limestone outcroppings: 50 feet; and
f. Waste shall not be applied in such a manner that it would discharge to sinkholes that may exist in the area.
16. The following records shall be maintained:
a. The identification of the land application field sites where the waste is utilized or stored;
b. The application rate;
c. The application dates; and
d. What crops have been planted.
These records shall be maintained on site for a period of three years after recorded application is made and shall be made available to department personnel upon request.
17. Each poultry waste end-user or poultry waste broker covered by this general permit shall complete a training program offered or approved by the department within one year of filing the registration statement for general permit coverage. All poultry waste end-users or poultry waste brokers shall complete a training program at least once every five years.
9VAC25-630-60. Tracking and accounting requirements for poultry waste brokers.
A. Poultry waste brokers shall keep a record of the source of the poultry waste in their possession, the amount of poultry waste received from the source, and the date the poultry waste was acquired register with the department by providing their name and address on a form approved by the department prior to transferring poultry waste.
B. When a poultry waste broker transfers to another person more than 10 [ five or more than 10 ] tons of poultry waste in any 365-day period, the poultry waste broker shall provide to the recipient of the waste copies of the most recent nutrient analysis for the poultry waste and a fact sheet approved by the department that includes appropriate practices for proper storage and management of the waste. The person receiving the waste shall provide the poultry waste broker his name and address and acknowledge in writing receipt of the waste, the nutrient analysis and the fact sheet. information regarding the transfer of poultry waste to both the source and recipient of the waste.
1. The broker name and address shall be provided to the source of the transferred poultry waste:
2. The following items shall be provided to the recipient of the transferred poultry waste:
a. The broker name and address;
b. The most recent nutrient analysis of the poultry waste; and
c. A fact sheet.
C. When a poultry waste broker transfers to another person more than 10 [ five or more than 10 ] tons of poultry waste in any 365-day period, the poultry waste broker shall keep a record of the amount of poultry waste received by the person, the date of the transaction, the nutrient content of the waste, the locality in which the recipient intends to utilize the waste (i.e., nearest town or city and zip code), the name of the stream or waterbody known to the recipient that is nearest to the waste utilization site, and the signed waste transfer acknowledgement records regarding the transferred poultry waste.
1. The following items shall be recorded regarding the source of the transferred poultry waste:
a. The source name and address;
b. The amount of the poultry waste received from the source; and
c. The date the poultry waste was acquired.
2. The following items shall be recorded regarding the recipient of the transferred poultry waste:
a. The recipient name and address;
b. The amount of poultry waste received by the person;
c. The date of the transaction;
d. The nutrient content of the waste;
e. The locality in which the recipient intends to utilize the waste (i.e., nearest town or city and zip code);
f. The name of the stream of waterbody if known to the recipient that is nearest to the waste utilization or storage site; [ and ]
[ g. If the waste is utilized for land application, if known indicate the method used to determine the land application rates (i.e., phosphorus crop removal, standard rate, soil test recommendations, or a nutrient management plan); and
h. g. ] The signed waste transfer records form acknowledging the receipt of the following:
(1) The waste;
(2) The nutrient analysis of the waste; and
(3) A fact sheet.
D. Poultry waste brokers shall submit copies of the records required by subsections A and subsection C of this section, except the waste transfer acknowledgement, to the department annually using a form approved by the department. Records for the preceding calendar year shall be submitted to the department not later than February 15. Poultry waste brokers shall maintain the records required by subsections A and subsection C of this section for at least three years and make them available to department personnel upon request.
E. If waste from two or more poultry waste sources is commingled or stored then a sample that best represents the waste shall be used to calculate the nutrients available in the poultry waste for land application and shall be provided to the end-user of the waste.
F. If the poultry waste broker land applies the poultry waste for the end-user then the broker shall provide the end-user with the records regarding land application as required by 9VAC25-630-70.
G. Poultry waste brokers shall complete a training program offered or approved by the department within one year of registering with the department. Poultry waste brokers shall complete a training program at least once every five years.
H. Any duly authorized agent of the board may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this regulation.
9VAC25-630-70. Tracking and accounting requirements for poultry waste end-users.
A. When a poultry waste end-user is the recipient of [ five or ] more [ than 10 ] tons of poultry waste in any 365-day period, the end-user shall maintain records regarding the transfer and land application of poultry waste.
1. The poultry waste end-user shall provide the permitted poultry grower or poultry waste broker with the following items:
a. End-user name and address;
b. The locality in which the end-user intends to utilize the waste (i.e., nearest town or city and zip code);
c. The name of the stream or waterbody if known to the end-user that is nearest to the waste utilization or storage site; [ and ]
[ d. If the waste is utilized for land application, if known indicate the method used to determine the land application rates (i.e., phosphorus crop removal, standard rate, soil test recommendations, or a nutrient management plan); and
e. d. ] Written acknowledgement of receipt of:
(1) The waste;
(2) The nutrient analysis of the waste; and
(3) A fact sheet.
2. The poultry waste end-user shall record the following items regarding the waste transfer:
a. The source name, address, and permit number (if applicable);
b. The amount of poultry waste that was received;
c. The date of the transaction;
d. The final use of the poultry waste;
e. The locality in which the waste was utilized (i.e., nearest town or city and zip code); and
f. The name of the stream or waterbody if known to the recipient that is nearest to the waste utilization or storage site.
Records regarding poultry waste transfers shall be maintained on site for a period of three years after the transaction. All records shall be made available to department personnel upon request.
3. If waste is land applied, the poultry waste end-user shall keep a record of the following items regarding the land application of the waste:
a. The nutrient analysis of the waste;
b. Maps indicating the poultry waste land application fields and storage sites;
c. The land application rate;
d. The land application dates;
e. What crops were planted;
f. Soil test results, if obtained;
g. NMP, if applicable; and
h. The method used to determine the land application rates (i.e., phosphorus crop removal, standard rate, soil test recommendations, or a nutrient management plan).
Records regarding land application of poultry waste shall be maintained on site for a period of three years after the recorded application is made. All records shall be made available to department personnel upon request.
B. Any duly authorized agent of the board may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this regulation.
9VAC25-630-80. Utilization and storage requirements for transferred poultry waste.
A. Any poultry waste end-user or poultry waste broker who receives poultry waste shall comply with the requirements outlined in the following sections.
B. Storage requirements. Any poultry waste end-user or poultry waste broker who receives poultry waste shall comply with the requirements outlined in this section regarding storage of poultry waste in their possession or under their control.
1. Poultry waste shall be stored in a manner that prevents contact with surface water and ground water. Poultry waste that is stockpiled outside for more than 14 days shall be kept in a facility or at a site that provides adequate storage. Adequate storage shall, at a minimum, include the following:
a. Poultry waste shall be covered to protect it from precipitation and wind;
b. Storm water shall not run onto or under the stored poultry waste;
c. A minimum of two feet separation distance to the seasonal high water table or an impermeable barrier shall be used under the stored poultry waste. All poultry waste storage facilities that use an impermeable barrier shall maintain a minimum of one foot separation between the seasonal high water table and the impermeable barrier. "Seasonal high water table" means that portion of the soil profile where a color change has occurred in the soil as a result of saturated soil conditions or where soil concretions have formed. Typical colors are gray mottlings, solid gray, or black. The depth in the soil at which these conditions first occur is termed the seasonal high water table. Impermeable barriers shall be constructed of at least 12 inches of compacted clay, at least four inches of reinforced concrete, or another material of similar structural integrity that has a minimum permeability rating of 0.0014 inches per hour (1X10-6 centimeters per second); and
d. For poultry waste that is not stored under roof, the storage site must be at least 100 feet from any surface water, intermittent drainage, wells, sinkholes, rock outcrops, and springs.
2. Poultry waste storage facilities constructed after December 1, 2000, shall not be located within a 100-year floodplain unless there is no land available outside the floodplain on which to construct the facility and the facility is constructed so that the poultry waste is stored above the 100-year flood elevation or otherwise protected from floodwaters through the construction of berms or similar best management flood control structures.
C. Land application requirements. Any poultry waste end-user or poultry waste broker who (i) receives five or more tons of poultry waste in any 365-day period and (ii) land applies poultry waste shall follow appropriate land application requirements as outlined in this section. The application of poultry waste shall be managed to minimize adverse water quality impacts.
1. The maximum application rates can be established by the following methods:
a. Phosphorus crop removal application rates can be used when:
(1) Soil test phosphorus levels do not exceed the values listed in the table below:
Region | Soil test P (ppm) VPI & SU Soil test (Mehlich I) * |
Eastern Shore and Lower Coastal Plain | 135 |
Middle and Upper Coastal Plain and Piedmont | 136 |
Ridge and Valley | 162 |
* If results are from another laboratory the Department of Conservation and Recreation approved conversion factors must be used. |
(2) The phosphorus crop removal application rates are set forth by regulations promulgated by the Department of Conservation and Recreation in accordance with § 10.1-104.2 of the Code of Virginia.
b. Poultry waste may be applied to any crop at the standard rate of 1.5 tons per acre once every three years when:
(1) In the absence of current soil sample analyses and recommendations; and
(2) Nutrients have not been supplied by an organic source, other than pastured animals, to the proposed land application sites within the previous three years of the proposed land application date of poultry waste.
c. Soil test recommendations can be used when:
(1) Accompanied by analysis results for soil tests that have been obtained from the proposed field or fields in the last three years;
(2) Provided by a laboratory whose procedures and recommendations are approved by the Department of Conservation and Recreation; and
(3) Nutrients from the waste application do not exceed the nitrogen or phosphorus recommendations for the proposed crop or double crops listed on the soil test recommendation.
d. A nutrient management plan developed by a certified nutrient management planner in accordance with § 10.1-104.2 of the Code of Virginia.
2. The timing of land application of poultry waste shall be appropriate for the crop, and in accordance with regulations promulgated by the Department of Conservation and Recreation in accordance with § 10.1-104.2 of the Code of Virginia, except that no waste may be applied to ice- or snow-covered ground or to soils that are saturated. Poultry waste may be applied to frozen ground under the following conditions:
a. Slopes are not greater than 6.0%;
b. A minimum of a 200-foot vegetative or adequate crop residue buffer is maintained between the application area and all surface water courses;
c. Only those soils characterized by USDA as "well drained" with good infiltration are used; and
d. At least 60% uniform cover by vegetation or crop residue is present in order to reduce surface runoff and the potential for leaching of nutrients to ground water.
3. Buffer zones at waste application sites shall, at a minimum, be maintained as follows:
a. Distance from occupied dwellings: 200 feet (unless the occupant of the dwelling signs a waiver of the buffer zone);
b. Distance from water supply wells or springs: 100 feet;
c. Distance from surface water courses: 100 feet (without a permanent vegetated buffer) or 35 feet (if a permanent vegetated buffer exists). Other site-specific conservation practices may be approved by the department that will provide pollutant reductions equivalent or better than the reductions that would be achieved by the 100-foot buffer;
d. Distance from rock outcropping (except limestone): 25 feet;
e. Distance from limestone outcroppings: 50 feet; and
f. Waste shall not be applied in such a manner that it would discharge to sinkholes that may exist in the area.
D. Poultry waste end-users or poultry waste brokers shall maintain the records demonstrating compliance with the requirements of [ Part III A through subsections B and ] C for at least three years and make them available to department personnel upon request.
E. The activities of the poultry waste end-user or poultry waste broker shall not contravene the Water Quality Standards, as amended and adopted by the board, or any provision of the State Water Control Law (§ 62.1-44 et seq. of the Code of Virginia).
F. Any duly authorized agent of the board may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this regulation.
NOTICE: The forms used in administering the above regulation are listed below. Any amended or added forms are reflected in the listing and are published following the listing.
FORMS (9VAC25-630)
Registration Statement, VPA General Permit for Poultry Waste Management for Poultry Growers, RS VPS2 (rev. 12/1/00) VPG2 (rev. 12/09).
Registration Statement, VPA General Permit for Poultry Waste Management for Poultry Waste End-Users and Brokers, RS VPG2 (rev. 12/09).


VA.R. Doc. No. R08-1062; Filed November 4, 2009, 11:24 a.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exclusion from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Water Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-50, 9VAC25-720-110).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.
Effective Date: December 23, 2009.
Agency Contact: John M. Kennedy, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4312, FAX (804) 698-4032, or email john.kennedy@deq.virginia.gov.
Summary:
The amendments extend the deadline for securing a Certificate to Operate (CTO) for expanded design flow and associated nutrient waste load allocations for Harrisonburg-Rockingham Regional S.A.-North River STP, Fauquier Co. W&SA-Vint Hill STP, and Onancock STP from December 31, 2010, to December 31, 2011.
9VAC25-720-50. Potomac-Shenandoah River Basin.
A. Total Maximum Daily Load (TMDLs).
TMDL # | Stream Name | TMDL Title | City/County | WBID | Pollutant | WLA | Units |
1. | Muddy Creek | Nitrate TMDL Development for Muddy Creek/Dry River, Virginia | Rockingham | B21R | Nitrate | 49,389.00 | LB/YR |
2. | Blacks Run | TMDL Development for Blacks Run and Cooks Creek | Rockingham | B25R | Sediment | 32,844.00 | LB/YR |
3. | Cooks Creek | TMDL Development for Blacks Run and Cooks Creek | Rockingham | B25R | Sediment | 69,301.00 | LB/YR |
4. | Cooks Creek | TMDL Development for Blacks Run and Cooks Creek | Rockingham | B25R | Phosphorus | 0 | LB/YR |
5. | Muddy Creek | TMDL Development for Muddy Creek and Holmans Creek, Virginia | Rockingham | B22R | Sediment | 286,939.00 | LB/YR |
6. | Muddy Creek | TMDL Development for Muddy Creek and Holmans Creek, Virginia | Rockingham | B22R | Phosphorus | 38.00 | LB/YR |
7. | Holmans Creek | TMDL Development for Muddy Creek and Holmans Creek, Virginia | Rockingham/ Shenandoah | B45R | Sediment | 78,141.00 | LB/YR |
8. | Mill Creek | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B29R | Sediment | 276.00 | LB/YR |
9. | Mill Creek | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B29R | Phosphorus | 138.00 | LB/YR |
10. | Pleasant Run | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B27R | Sediment | 0.00 | LB/YR |
11. | Pleasant Run | TMDL Development for Mill Creek and Pleasant Run | Rockingham | B27R | Phosphorus | 0.00 | LB/YR |
12. | Linville Creek | Total Maximum Load Development for Linville Creek: Bacteria and Benthic Impairments | Rockingham | B46R | Sediment | 5.50 | TONS/YR |
13. | Quail Run | Benthic TMDL for Quail Run | Rockingham | B35R | Ammonia | 7,185.00 | KG/YR |
14. | Quail Run | Benthic TMDL for Quail Run | Rockingham | B35R | Chlorine | 27.63 | KG/YR |
15. | Shenandoah River | Development of Shenandoah River PCB TMDL (South Fork and Main Stem) | Warren & Clarke | B41R B55R B57R B58R | PCBs | 179.38 | G/YR |
16. | Shenandoah River | Development of Shenandoah River PCB TMDL (North Fork) | Warren & Clarke | B51R | PCBs | 0.00 | G/YR |
17. | Shenandoah River | Development of Shenandoah River PCB TMDL (Main Stem) | Warren & Clarke | WV | PCBs | 179.38 | G/YR |
18. | Cockran Spring | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Augusta | B10R | Organic Solids | 1,556.00 | LB/YR |
19. | Lacey Spring | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Rockingham | B47R | Organic Solids | 680.00 | LB/YR |
20. | Orndorff Spring | Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins | Shenandoah | B52R | Organic Solids | 103.00 | LB/YR |
21. | Toms Brook | Benthic TMDL for Toms Brook in Shenandoah County, Virginia | Shenandoah | B50R | Sediment | 8.1 | T/YR |
22. | Goose Creek | Benthic TMDLs for the Goose Creek Watershed | Loudoun, Fauquier | A08R | Sediment | 1,587 | T/YR |
23. | Little River | Benthic TMDLs for the Goose Creek Watershed | Loudoun | A08R | Sediment | 105 | T/YR |
24. | Christians Creek | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA | Augusta | B14R | Sediment | 145 | T/YR |
25. | Moffett Creek | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA | Augusta | B13R | Sediment | 0 | T/YR |
26. | Upper Middle River | Fecal Bacteria and General Standard Total Maximum Daily Load Development for Impaired Streams in the Middle River and Upper South River Watersheds, Augusta County, VA | Augusta | B10R | Sediment | 1.355 | T/YR |
27. | Mossy Creek | Total Maximum Daily Load Development for Mossy Creek and Long Glade Run: Bacteria and General Standard (Benthic) Impairments | Rockingham | B19R | Sediment | 0.04 | T/YR |
28. | Smith Creek | Total Maximum Daily Load (TMDL) Development for Smith Creek | Rockingham, Shenandoah | B47R | Sediment | 353,867 | LB/YR |
29. | Abrams Creek | Opequon Watershed TMDLs for Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and Clarke counties, Virginia | Frederick | B09R | Sediment | 478 | T/YR |
30. | Lower Opequon Creek | Opequon Watershed TMDLs for Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and Clarke counties, Virginia | Frederick, Clarke | B09R | Sediment | 1,039 | T/YR |
31. | Mill Creek | Mill Creek Sediment TMDL for a Benthic Impairment, Shenandoah County, Virginia | Shenandoah | B48R | Sediment | 0.9 | T/YR |
32. | South Run | Benthic TMDL Development for South Run, Virginia | Fauquier | A19R | Phosphorus | 0.038 | T/YR |
33. | Lewis Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Augusta | B12R | Sediment | 40 | T/YR |
34. | Lewis Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Augusta | B12R | Lead | 0 | KG/YR |
35. | Lewis Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Augusta | B12R | PAHs | 0 | KG/YR |
36. | Bull Run | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Loudoun, Fairfax, and Prince William counties, and the Cities of Manassas and Manassas Park | A23R-01 | Sediment | 5,986.8 | T/TR |
37. | Popes Head Creek | Total Maximum Daily Load Development for Lewis Creek, General Standard (Benthic) | Fairfax County and Fairfax City | A23R-02 | Sediment | 1,594.2 | T/YR |
38. | Accotink Bay | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A15R | PCBs | 0.0992 | G/YR |
39. | Aquia Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Stafford | A28E | PCBs | 6.34 | G/YR |
40. | Belmont Bay/ Occoquan Bay | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A25E | PCBs | 0.409 | G/YR |
41. | Chopawamsic Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A26E | PCBs | 1.35 | G/YR |
42. | Coan River | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Northumberland | A34E | PCBs | 0 | G/YR |
43. | Dogue Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A14E | PCBs | 20.2 | G/YR |
44. | Fourmile Run | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Arlington | A12E | PCBs | 11 | G/YR |
45. | Gunston Cove | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A15E | PCBs | 0.517 | G/YR |
46. | Hooff Run & Hunting Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A13E | PCBs | 36.8 | G/YR |
47. | Little Hunting Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A14E | PCBs | 10.1 | G/YR |
48. | Monroe Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A31E | PCBs | .0177 | G/YR |
49. | Neabsco Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A25E | PCBs | 6.63 | G/YR |
50. | Occoquan River | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A25E | PCBs | 2.86 | G/YR |
51. | Pohick Creek/Pohick Bay | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Fairfax | A16E | PCBs | 13.5 | G/YR |
52. | Potomac Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Stafford | A29E | PCBs | 0.556 | G/YR |
53. | Potomac River, Fairview Beach | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | King George | A29E | PCBs | 0.0183 | G/YR |
54. | Powells Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A26R | PCBs | 0.0675 | G/YR |
55. | Quantico Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | Prince William | A26R | PCBs | 0.742 | G/YR |
56. | Upper Machodoc Creek | PCB Total Maximum Daily Load Development in the tidal Potomac and Anacostia Rivers and their tidal tributaries | King George | A30E | PCBs | 0.0883 | G/YR |
57. | Difficult Creek | Benthic TMDL Development for Difficult Run, Virginia | Fairfax | A11R | Sediment | 3,663.2 | T/YR |
58. | Abrams Creek | Opequon Watershed TMDLs for Benthic Impairments | Frederick and Clark | B09R | Sediment | 1039 | T/YR |
59. | Lower Opequon | Opequon Watershed TMDLs for Benthic Impairments | Frederick and Clark | B09R | Sediment | 1039 | T/YR |
B. Non-TMDL waste load allocations.
Water Body | Permit No. | Facility Name | Outfall No. | Receiving Stream | River Mile | Parameter Description | WLA | Units WLA |
VAV-B02R | VA0023281 | Monterey STP | 001 | West Strait Creek | 3.85 | CBOD5 | 11.4 | KG/D |
VAV-B08R | VA0065552 | Opequon Water Reclamation Facility | 001 | Opequon Creek | 32.66 | BOD5, JUN-NOV | 207 | KG/D |
| | AKA Winchester - Frederick Regional | | | | CBOD5, DEC-MAY | 1514 | KG/D |
VAV-B14R | VA0025291 | Fishersville Regional STP | 001 | Christians Creek | 12.36 | BOD5 | 182 | KG/D |
VAV-B23R | VA0060640 | North River WWTF | 001 | North River | 15.01 | CBOD5, JAN-MAY | 700 | KG/D |
| 7.23.04 | AKA Harrisonburg - Rockingham Reg. Sewer Auth. | | | | CBOD5, JUN-DEC | 800 | KG/D |
TKN, JUN-DEC | 420 | KG/D |
TKN, JAN-MAY | 850 | KG/D |
VAV-B32R | VA0002160 | INVISTA - Waynesboro Formerly Dupont - Waynesboro | 001 | South River | 25.3 | BOD5 | 272 | KG/D |
VAV-B32R | VA0025151 | Waynesboro STP | 001 | South River | 23.54 | CBOD5 | 227 | KG/D |
CBOD5, JUN-OCT | 113.6 | KG/D |
VAV-B32R | VA0028037 | Skyline Swannanoa STP | 001 | South River UT | 2.96 | BOD5 | 8.5 | KG/D |
VAV-B35R | VA0024732 | Massanutten Public Service STP | 001 | Quail Run | 5.07 | BOD5 | 75.7 | KG/D |
VAV-B37R | VA0002178 | Merck & Company | 001 | S.F. Shenandoah River | 88.09 | BOD5 | 1570 | KG/D |
AMMONIA, AS N | 645.9 | KG/D |
VAV-B49R | VA0028380 | Stoney Creek Sanitary District STP | 001 | Stoney Creek | 19.87 | BOD5, JUN-NOV | 29.5 | KG/D |
VAV-B53R | VA0020982 | Middletown STP | 001 | Meadow Brook | 2.19 | CBOD5 | 24.0 | KG/D |
VAV-B58R | VA0020532 | Berryville STP | 001 | Shenandoah River | 24.23 | CBOD5 | 42.6 | KG/D |
C. Nitrogen and phosphorus waste load allocations to restore the Chesapeake Bay and its tidal rivers. The following table presents nitrogen and phosphorus waste load allocations for the identified significant dischargers and the total nitrogen and total phosphorus waste load allocations for the listed facilities.
Virginia Waterbody ID | Discharger Name | VPDES Permit No. | Total Nitrogen (TN) Waste Load Allocation (lbs/yr) | Total Phosphorus (TP) Waste Load Allocation (lbs/yr) |
B37R | Coors Brewing Company | VA0073245 | 54,820 | 4,112 |
|