Emergency Condemnation # 005-083B

EMERGENCY REGULATION

NOTICE AND DESCRIPTION OF EMERGENCY SHELLFISH AREA CONDEMNATION NUMBER 005-083B, LOWER MACHODOC CREEK

EFFECTIVE OCTOBER 9, 2026 THROUGH OCTOBER 29, 2026

Pursuant to Title 28.2, Chapter 8, §§ 28.2-803 through 28.2-808, § 32.1-20, and § 2.2-4002, B.16 of the Code of Virginia:

1. Pursuant to § 28.2-809, § 32.1-13, § 32.1-20 and § 2.2-4002 B.16, and § 2.2-4028 of the Code of Virginia an emergency closure on waters of the Lower Machodoc Creek is hereby established, effective 9 October 2026. It shall be unlawful for any person, firm, or corporation to take shellfish from this area for any purpose except by permit granted by the Marine Resources Commission, as provided in Section 28.2-810 of the Code of Virginia. The boundaries of this area are shown on the map titled “Lower Machodoc Creek, Emergency Condemned Shellfish Area Number 005-083B, 9 October 2026” which is part of this notice.

2. The Department of Health will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision of this order.

BOUNDARIES OF CONDEMNED AREA NUMBER 005-083B

The condemned area shall include that portion of Lower Machodoc Creek and its tributaries upstream of a line drawn between latitude/longitude map coordinate (38°09’36.3″,-76°41’21.8″) and map coordinate (38°09’08.8″,-76°38’19.9″), as well as downstream of a second line drawn between map coordinate (38°08’02.2″,-76°39’06.8″) and map coordinate (38°08’29.9″,-76°38’23.3″).