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AGENDA JUNE 28, 2011

**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.  DAVID D. OWEN, #11-0531.  Commission review on appeal by the applicant of the May 12, 2011, decision by the Lancaster County Wetlands Board to deny an application to install a total of 155 linear feet of quarry stone marsh sill and 165 linear feet of quarry stone revetment at his property on James Cove of Carter Creek in Lancaster County.

6.  GARY STULL, #10-0587.  Commission review on appeal by the applicant of the Norfolk Wetland Board's May 11, 2011, decision to deny the replacement of 148 linear feet of bulkhead and return walls at his property situated along a man-made canal off the North Branch of the Lafayette River in the City of Norfolk.

7.  WEST BAY HOMEOWNERS ASSOCIATION #10-1251, requests authorization to install jet ski lifts at each of the 18 existing boats slips at three of the Association's community piers and to change the designation of the remaining pier (Pier 4) from a fishing pier to a recreation pier.  The project is protested by an adjacent property owner.

8.  JEFF WALDON, #10-1879, requests authorization to construct a 40-foot long by 22-foot wide concrete low-water bridge crossing Gooney Creek in Warren County. The project is protested by an adjacent property owner.

9.  DOMINION RESOURCES, INC., #10-1787, requests authorization for construction-related impacts to tidal wetlands and for the crossing over State-owned subaqueous bottomlands of Proctors Creek, a tributary to the James River, in conjunction with the installation of a 30-foot wide vehicular bridge in association with a proposed industrial solid waste management facility for disposal of fossil fuel combustion products generated at the adjoining Chesterfield Power Station (CPS) in Chesterfield County.  Both Tidal Wetlands and Submerged Lands Permits are required.

10.   PUBLIC COMMENTS.

11.   PUBLIC HEARING:  Proposed regulation to establish a moratorium on River Herring (alewife and blue back herring), effective January 1, 2012, to comply with the provisions of the ASMFC Fishery Management Plan for Shad and River Herring.

12.  PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-490-10 et seq., "Pertaining to Sharks", to establish an annual commercial quota, buyer reporting requirements, a control date, and other measures.

13.  RECREATIONAL FISHING ADVISORY BOARD RECOMMENDATIONS FOR PROJECT FUNDING.

14.  KEITH J. MUMMERT:  Appeal of decision denying his request for an exception to the two-year waiting period for a Commercial Fishermen Registration License.

15.  Review of federal funding for oyster restoration.

16.  EDWARD H. BENDER:  Formal Hearing to appeal the Commission's decision to license and locate a pound net (0031) off Fishermans Island.

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

2A.  VERIZON, #11-0601, requests authorization to replace an existing, overhead fiber optic line across the Piankatank River, immediately west of the Rt. 3 Twiggs Ferry Bridge between Mathews and Middlesex Counties in an area removed from Public Oyster Ground pursuant to Senate Bill 921 of the 2011 session of the General Assembly.  The new fiber optic line will be installed using horizontal directional drill beneath the tidal wetlands, and trenched into the river bed using jet-assist plow method to a minimum depth of three (3) feet below the sediment surface.  Recommend approval with the complete removal of the existing line, and a royalty in the amount of $6,300.00 for the crossing of 2,100 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot.

2B.  VIRGINIA INSTITUTE OF MARINE SCIENCE, #11-0634, requests authorization to deploy a water quality monitoring instrument within Public Oyster Ground in the Rappahannock River with a surface buoy for a period of 120 days at a site located approximately 1.2 miles southeast of Towles Point at 37 37' 57.72" North Latitude and 76 31' 45.84" West Longitude between Lancaster and Middlesex County.

2C.  VIRGINIA INSTITUTE OF MARINE SCIENCE, #11-0720, requests authorization to install one, 16-foot long 6 inch diameter piling with an attached galvanized tower and a four (4) inch diameter PVC pipe situated within Public Oyster Ground in Spider Crab Bay at 37 20' 54.66" N, 75 48' 10.27" W in Northampton County.  The structure will be approximately 13 feet tall (above mean high water) and will hold scientific instrumentation. 

2D.  VIRGINIA INSTITUTE OF MARINE SCIENCE, #11-0630, requests authorization to deploy a water quality monitoring instrument within Public Oyster Ground in the York River with a surface buoy for a period of 120 days at a site located approximately 1.3 miles south-southeast of the mouth of the Perrin River at 37 14' 43.5" North Latitude and 76 24' 33.12 West Longitude in Gloucester County. 

2E.  JAMESTOWN-YORKTOWN FOUNDATION #11-0350, requests authorization to install six (6) permanent day markers and maintenance dredge by hydraulic or clamshell method approximately 30,000 cubic yards of bottom material on an as-needed basis, approximately every five (5) years, to provide project depths of -17 feet mean low water in the basin/inner channel and the outer channel adjacent to the Jamestown Settlement Park situated along the James River in James City County.  The dredge material will be disposed of overboard at the Dredge Material Management Area downstream of the channel.  Staff recommends the standard dredge conditions and a time of year restriction prohibiting overboard disposal between February 15 through June 15 to protect anadromous fish species.

2F.  BKEP MATERIALS LLC, #11-0451, requests authorization to maintenance dredge an estimated 34,400 cubic yards of State-owned submerged lands on an as needed basis to maintain a maximum depth of -38-feet mean low water on the west side of their pier and -18-feet mean low water on the East side of the pier adjacent to the applicant's commercial facility along the James River in the City of Newport News.  Staff recommends the standard dredge conditions. 


PAGE 3 ITEMS

3A.  SOUTHALL LANDINGS MARINA, #10-1731, requests after-the-fact authorization to retain two additional previously unpermitted piers at their facility located adjacent to the Salt Ponds Channel in the City of Hampton.  The applicant has agreed to the payment of triple permit fees in the amount of $300.00 and a civil charge of $1,200.00 in lieu of further enforcement action.

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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