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AGENDA March 23, 2010

** APPROVAL OF AGENDA.

1.  MINUTES of previous meeting.    

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).

3.  CONSENT AGENDA ITEMS.

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.

5.  L. SCOTT TRAINUM, #09-0806.  Commission review, on appeal of the February 11, 2010, decision by the York County Wetland Board to deny a request for a riprap, sill and breakwater shoreline stabilization project at property situated at the confluence of Cabin Creek and the Poquoson River in York County. 

6.  THE BLUEWATER GROUP, LLC, #07-2392, requests authorization to reconfigure their existing Severn River Marina through the addition of fixed and floating piers and to extend the three existing main piers 125 feet channelward to a total length of approximately 490 feet channelward of mean low water.  The revised configuration and expansion would result in a total of 125 slips at their facility situated along the Southwest Branch of the Severn River at 3461 Severn River Road in Gloucester County.  The project is protested by several nearby property owners and leaseholders of oyster ground in the vicinity of the project. 

7.  ROBERT WINFREE, #09-1536, requests after the fact authorization to retain previously installed and unauthorized structures at his property situated along the James River in Surry County.  The applicant seeks after the fact authorization for two concrete block breakwater structures, two concrete block groin structures, and 258 linear feet of concrete block bulkhead, all being located at 112 Eagle Bluff Drive in the Town of Claremont in Surry County.  The proposal requires both a subaqueous permit and a beaches and dunes permit. 

8.  DEPARTMENT OF GAME AND INLAND FISHERIES, ET AL, #09-1804, requests authorization to replace and extend a 17 foot wide concrete boat ramp and to construct 150 linear feet of wave screen at the Ware House Public Landing situated along the Ware River at the end of Ware House Road in Gloucester County.  The project is protested by nearby property owners.

9.  LOUISE HANSCH, ET AL, #10-0202, requests authorization to construct a 12 foot by 80 foot concrete boat ramp, extending up to ten (10) feet channelward of mean low water at property located along the James River, near Villa Drive (Lot 3B 2 2) in the Town of Claremont, in Surry County.  The request requires both a subaqueous and beaches and dunes permit.

10.  VINCENT RADLEY, #09-0725, requests permission to install eight (8) dolphin clusters with lights to mark a dredged channel proposed at his property at 6476 Fairview Drive situated along the Potomac River in King George County.

11.  Public CommentS

12PUBLIC HEARING:  Consideration of Regulation 4VAC20-1230-10, et seq. concerning warm water shellfish harvest restrictions and public health.

13.  PUBLIC HEARING:  Consideration of amendments to Regulation 4VAC20-960-10, et seq. to modify the open commercial fishing season.

14.  MODIFIED POUND NET LEADERS:  Consideration of amendments to Regulation 4VAC20-20-10 et seq. to require year-round in areas west of the Chesapeake Bay Bridge-Tunnel.  Request for public hearing.

15.  GILL NET AND SPINY DOGFISH LIMITED ENTRY PROGRAMS:  Consideration of amendments to the limited entry programs contained in Regulations 4VAC20-490 and 4VAC20-1190.  Request for public hearing.

16.  REPEAT OFFENDERS.

PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval).

2A.  SPOTSYLVANIA DEPARTMENT OF PUBLIC UTILITIES, #06-0427, requests reactivation and a three year extension of their permit to install a total of approximately 309 linear feet of sewer line, crossing a minimum of three feet under Massaponax Creek at 13 separate locations between Leavells Road (Route 639) and Piedmont Drive (Route 673), and to stabilize the stream crossings with a total of approximately 6,580 square feet of Class B riprap, associated with the Massaponax Sewer Interceptor Replacement, Stage II project in Spotsylvania County. 

2B.  U.S. ARMY TECHNOLOGY APPLICATIONS OFFICE, #09-1561, requests authorization to install two (2) fiber optic cables impacting 30 linear feet of Beaverdam Run, 20 linear feet of Middle Branch Chopawamsic Creek and 25 linear feet of North Chopawamsic Creek in Stafford County.  The fiber optic cables will be installed by directional bore method a minimum of ten (10) feet beneath the creek bottom.

2C.  JAMES G. STIKELEATHER, #09-1565, requests authorization to install a private riparian mooring buoy at 37 32' 2.22" North Latitude and 76 20' 1.02" West Longitude and approximately 830 feet channelward of his property situated along Fishing Bay at 589 Stove Point Road in Middlesex County.  The mooring will encroach on "Additional Public Ground."

2D.  FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS, #10-0002, requests authorization to restore 1,700 linear feet of Flatlick Branch including stabilizing the channel and installing rock vanes, log vanes, cross vanes, J hooks, and root wads in Cub Run Stream Valley Park in Fairfax County.

2E.  VIRGINIA DEPARTMENT OF HEALTH, DIVISION OF SHELLFISH SANITATION, #10-0352, requests authorization to temporarily install eight (8) 3-foot by 2-foot by 19-inch oyster cages on Public Ground in the James Rivers stretching from the mouth of the Warwick River to Lake Maury in the City of Newport News.  The cages will be deployed for a dye study which will run from April 12 until May 1, 2010.

2FAT & T CORP., #10-0039, requests authorization to construct utility crossings through numerous waterways, utilizing the directional drill method, to install a total of 1534 linear feet of fiber optic cable, along an existing VDOT right-of-way, at a minimum depth of 120 inches below the streambed of ten jurisdictional creeks/rivers in Buckingham, Appomattox, Campbell and Pittsylvania Counties.  Staff recommends a royalty of $4,602.00 and the requirement that the Permittee develop and implement a "frac-out" bentonite spill contingency/ clean up plan to protect aquatic resources.

2G.  QWEST COMMUNICATIONS, #10-0342, requests authorization to cross the Eastern Branch of the Elizabeth River with a temporary fiber optic cable, located approximately 40 feet east of the Norfolk Southern Railroad bridge between the Cities of Norfolk and Chesapeake.  The line will be directionally drilled below the tidal wetlands on the river banks and manually installed six inches into the river bed by divers.  The temporary line will be removed in its entirety upon approval and installation of a permanent fiber optic cable in the same general area.  Recommend approval pending expiration of the public notice and provided no opposition is received, and with a royalty in the amount of $5,415.00 for the crossing of 1,805 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot.


PAGE 3 ITEMS Consent Agenda Items.

3A. COUNTY OF WARREN, #09-1142, requests after the fact authorization to retain a 60 foot long by 14 foot wide concrete boat ramp in the Shenandoah River at the end of Country Club Road in Front Royal, Warren County.  The applicant has agreed to a civil charge in the amount of $1,200.00 and triple permit fees.



VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE JANE MCCROSKEY (757-247-2215) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT MANAGEMENT PROJECTS ON THIS AGENDA.

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