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COMMISSION AGENDA SEPTEMBER 28, 2004

1. MINUTES of previous meeting.

** APPROVAL OF AGENDA.

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

3.    CLOSED SESSION.

4.    Request by the U.S. Army Corps of Engineers for the establishment of a regulation pertaining to security zones around bridges and tunnels in the Commonwealth.

5.    SAM DANIELS, #04-1514. 
Commission review on appeal by Mr. Daniels of the July 19, 2004, decision by the Isle of Wight County Wetlands Board to deny an application to install up to 170 linear feet of riprap revetment landward of mean low water at his property situated along Brewers Creek, a tributary to Chuckatuck Creek in Isle of Wight County.

6.    BAY MARINE, #01-1302. 
Restoration hearing to consider the unauthorized construction of a 280-foot by 5-foot commercial pier and the installation of a sewage discharge pipe and diffuser extending approximately 260 feet channelward of mean low water adjacent to their marina situated along Broad Creek in Middlesex County.

7.    CONLEY PROPERTIES, LLC, #04-0732,
requests authorization to construct a 10-slip community pier which will extend 66 feet into Carpenters Cove of Mulberry Creek and include a 157-foot long T-head, four (4) finger piers, two (2) uncovered boatlifts and ten (10) associated mooring piles in the Town of Morattico, Lancaster County.   The project is protested by the adjacent property owners.

8.     RAPPAHANNOCK SHORES ASSOCIATION, #03-7221,
requests authorization to reconstruct two open-pile timber community piers damaged by Hurricane Isabel, measuring 150-feet and 180-feet in length and designated as piers #2 and #3, lengthen pier #2 an additional 118 feet, reconstruct two 8.5-foot wide by 21-foot long T-head platforms and replace/set the associated mooring piles at piers #1 - #3 to accommodate 27 wet slips previously authorized by VMRC Permit #97-0232 at their property situated along the Rappahannock River in Essex County.                   

9. GEORGE HARRISON, #04-1410, requests authorization to place up to 1,403 linear feet of riprap revetment at and landward of mean high water, at the applicant's property situated along the James River in Prince George County.  Commission Wetlands Permit required

10.    MARK SANFORD, #03-048S,
requests authorization to lease 5.28 acres of Oyster Planting Ground in Mill Creek, a tributary of Cherrystone Creek in Northampton County. The project is protested by nearby property owners.

11. DANDY DEVELOPMENT COMPANY, L.L.C., #97-0013,
requests authorization to dredge a 1,575-foot long by 35-foot wide access channel and a 400-foot long by 200-foot wide basin, and to construct a 172-foot long by 8-foot wide marginal wharf with 5-finger piers and associated mooring piles adjacent to their property situated along The Thorofare in York County. 

12. PUBLIC COMMENTS

13.     Striped Bass: Review of the Individual Transferable Quota program.

14.    Pound net siting, public interest review: Recommendations of the Finfish Management Advisory Committee

15.     Black Sea Bass: Report of September 23rd industry meeting; review of regulation.

16.    Public Hearing: Consideration of proposed amendments to Regulation 4VAC20-720,  "Pertaining to Restrictions on Oyster Harvest" for the 2004/2005 public oyster harvest season.



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

2A.    KINGSMILL RESORT, #04-1519, requests authorization to reconstruct and reconfigure their storm damaged marina facility located on the James River in James City County to include replacement of a 110-foot section of fixed dock that will connect a new floating dock system with the upland.  The floating dock system will consist of a 13-foot wide by 66-foot long landing float; a 10-foot wide by 270-foot long central dock with a 13-foot wide by 132-foot T-head.  The central dock will also have sixteen (16) 4-foot wide by 20-foot long finger piers.  A proposed downstream floating dock will be 10-foot wide by 224-foot long with a 13-foot wide by 66-foot long L-head and have five (5) 4-foot wide by 25-foot long finger piers.  The applicant also proposes to retrofit an existing upstream floating dock with three (3) 4-foot wide by 20-foot long finger piers.  The number of slips will remain unchanged at 91.

2B.    RICHMOND METROPOLITAN AUTHORITY, #02-1025,
requests authorization to modify their previously issued permit to extend a 4-cell highway crossing culvert an additional three feet on the downstream end, within Powhite Creek, a tributary to the James River within the City of Richmond.

2C.    U. S. ARMY CORPS OF ENGINEERS, #03-1365,
requests a one-time modification to their previously issued permit to allow for the overboard disposal of dredged material during the current time-of-year restriction between February 15 and June 30, adjacent to the James River Federal Navigation Project between Milepost 69 and Milepost 27 (Goose Hill Channel) within the James River.   This modification, in 2005, is part of a proposed fish study with the Virginia Institute of Marine Science.

2D.    MARINE RESOURCES COMMISSION, #04-1407. 
The Fisheries Management Division requests authorization to construct a 200-foot long by 30-foot wide intertidal oyster reef sanctuary composed of approximately 2,000 cubic yards of clam and oyster shell.  The reef will be centered at 38° 02' 26'' North Latitude and 76° 31' 49'' West Longitude within Public Ground #2, approximately 1,500 feet southwest of Lynch Point, in the Yeocomico River in Westmoreland County.

2E.    MARINE RESOURCES COMMISSION, #04-1331. 
The Fisheries Management Division requests re-authorization to continue construction of the Gwynn's Island artificial fishing reef centered at 37 28' 51" North Latitude and 76 14' 19" West Longitude, near Milford Haven Spit, through the deployment of a variety of engineered materials and acceptable demolition materials while maintaining a minimum clearance of 14 feet at mean low water.

2F.    FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS AND ENVIRONMENTAL SERVICES, #02-2187,
requests authorization to modify a permit issued on June 24, 2003, that authorized the installation of a sanitary sewer trunk line beneath four sections of Pohick Creek.  Recent erosion has changed the previously measured streambed elevations, resulting in a much shallower proposed installation of the sanitary sewer line.  The modification would allow the installation of precast concrete caps to be placed over the existing sewer trunk line and concrete encasements to be installed around the proposed sanitary sewer trunk line at two of the crossings.  In addition, six-inch thick gabion mattresses will be installed along the streambed to cover the trunk lines instead of riprap as originally permitted.  To prevent any adverse impacts to anadromous fish due to sedimentation, a time-of-year restriction of February 15 - June 30 will be required.  All other conditions of the original permit apply.

2G.    U.S. MARINE CORPS, #02-2196,
requests authorization to dredge 340 cubic yards of State-owned submerged land and construct a 67-foot long by 32-foot wide concrete boat ramp, two (2) 40-foot long by 32-foot wide gabion basket ramp support structures and a 108-foot long by 8-foot wide tending pier adjacent to their property situated along Quantico Creek in Prince William County.  Staff recommends a time-of-year restriction from February 15 through June 30 to protect spawning of anadromous fishes.

2H.    WATERMEN'S MUSEUM, #02-0503,
requests a modification to their previously authorized project to add a 132-foot long by 14-foot wide floating pier and associated access ramp adjacent to property situated along the York River in York County.

2I.    U.S. COAST GUARD, #04-0736,
requests authorization to install a 108-foot long by 32-foot wide floating pier for the storage of vessels adjacent to their property situated along Wormley Creek in York County.

2J.    EARL INDUSTRIES, LLC, #04-1721,
requests authorization to install 12 10-foot by 20-foot fenders adjacent to a commercial pier at their facility situated along the Elizabeth River in Portsmouth. 

2K.    DEPARTMENT OF THE NAVY, #04-1983,
requests authorization to mechanically dredge up to 78,000 cubic yards of subaqueous material, on an as-needed basis, to provide maximum depths up to minus -24 feet at mean low water at Piers C, D, and E at the Southgate Annex adjacent to their property situated along the Southern Branch of the Elizabeth River in Portsmouth.  Staff recommends the submittal of a post-dredge bathymetric survey be required.

2L.    ANN PEARSON, #03-2394,
requests authorization to install 1,338 linear feet of bulkhead, aligned a maximum of two (2) feet in front of the existing deteriorated bulkhead adjacent to Willoughby Bay Marina property situated along Hampton Roads in Norfolk.

2M.    BAYMARK CONSTRUCTION CORPORATION, #03-1185,
requests authorization to modify their existing permit by installing one additional 200-foot long offshore stone breakwater north of the five (5) previously permitted breakwaters adjacent to their property along the Chesapeake Bay, north of Allegood Pond in the Town of Cape Charles.

2N.    COLONIAL PIPELINE COMPANY, #04-1899,
requests authorization to conduct routine inspection and maintenance activities of existing petroleum pipelines at 48 jurisdictional stream crossings along a corridor that extends from Danville to the Potomac River in Fairfax County.  Problems detected within any section of the pipeline may require excavation and replacement or in-stream repairs.  Depending on the size of the stream and nature of the repair, temporary dams, cofferdams, and flume pipes may be installed to provide dry working conditions.  Recommend our standard in-stream construction conditions apply, as well as time-of-year restrictions and mussel surveys/relocations as recommended by DGIF.  Approval will also be contingent on the expiration of the public comment period on September 30, 2004.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE KATHY LEONARD (757-247-2200) 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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