9VAC25-210-40. Permit rationale

In granting a permit pursuant to this chapter, the department shall provide in writing a clear and concise statement of the legal basis, scientific rationale, and justification for the decision reached. When the decision of the department is to deny a permit, the department shall in consultation with legal counsel provide a clear and concise statement explaining the reason for the denial, the scientific justification for the same, and how the department's decision is in compliance with applicable laws and regulations. Copies of the decision, certified by the director, shall be mailed by certified mail to the permittee or applicant. In determining whether to grant a permit pursuant to this chapter for an activity conducted in nontidal waters, where a permit from the Virginia Marine Resources Commission will not be issued, the department shall be guided by the factors set forth in § 28.2-1205 A of the Code of Virginia.