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AGENDA SEPTEMBER 22, 2009

** 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.  JOHN MUNICK, #09-0304.  Commission review of the Newport News Wetland Board's August 17, 2009, decision to approve the construction of 30 linear feet of riprap in front of an existing bulkhead that will impact vegetated tidal wetlands at his property on Fisher's Creek in Newport News without any requirement for compensation.

6.  KEVIN SIMS, #08-1197, requests authorization to dredge approximately 708 cubic yards of State owned submerged bottom in an effort to obtain maximum depths of minus five (-05) feet mean low water for navigation adjacent to his property situated along the Narrows/Linkhorn Bay in Virginia Beach.  The project is protested by the North Alanton Water Recreation Committee.

7.  HUNTON CREEK IMPROVEMENT ASSOCIATION, #06-0322, requests authorization to modify their existing permit to allow the sandy material hydraulically dredged from the Hunton Creek entrance channel project to be placed in Geotubes® along the upper portion of the beach and dune located on the northwest side of the channel.  The project requires both a Coastal Primary Sand Dune/Beach permit and a subaqueous permit modification.

8.  JACK T. STILLMAN, #02-1978, requests authorization to modify his existing permit to allow his existing enclosed floating boathouse to be relocated from its currently authorized location to a private pier on his adjacent lot situated along Woodas Creek in Mathews County.  The project is protested by a nearby property owner.

9.  TED HEMMERT, #09-1155, requests authorization to install 85 linear feet of Class II riprap revetment at his property situated at the confluence of Chisman Creek, the Poquoson River and the Chesapeake Bay in York County.  A beaches and dunes permit is required.

10. MARK CROSSLAND, #09-0548, requests after-the-fact authorization to retain a 448 square foot flat roofed boathouse, an 18 foot by 26 foot L head and a 41 foot by 15 foot deck (1,085 square feet of deck) adjacent to his property at 18336 Possum Point Road, situated along Quantico Creek in Prince William County.

11. BILL BARNES, #09-0033, requests authorization to add an additional 1,316 square feet of marginal wharf decking to his existing private-use pier, and to construct a dual slip open sided boathouse roof measuring 26.5 feet by 26.5 feet at his property situated along the James River in Chesterfield County. The project is protested by both adjoining property owners.

12. ENFORCEMENT ACTION:  Commission review of information indicating a possible violation of Chapter 12 of Title 28.2 of the Code of Virginia, specifically unauthorized construction of rip rap groins and the removal of aquatic vegetation by Mr. Brad Martin at or near properties situated along Potomac Creek at 37 and 51 Louie Lane in Stafford County.  Continued from the August 25, 2009, Commission meeting.

13. VIRGINIA PORT AUTHORITY CONVEYANCE.  Commission adoption of Resolution and approval of Deed of Easement conveying a permanent easement and right-of-way to use 462.74 acres more or less, of State-owned subaqueous lands lying in the Cities of Norfolk and Portsmouth, to the Virginia Port Authority, its successors and assigns, for the purpose of constructing the eastward expansion of Craney Island in accordance with Chapter 734, Acts of Assembly 2008. 

14. PUBLIC COMMENTS

15. PUBLIC HEARING:  Consideration of Emergency Regulation 4VAC20-620, "Pertaining to Summer Flounder," to allow for the possession of certain summer flounder tagged by the Virginia Institute of Marine Science. 

16. PUBLIC HEARING:  Consideration of amendments to Regulation 4VAC20-720, "Pertaining to Restrictions on Oyster harvest," to establish the 2009/2010 oyster harvest rules. 

17. PUBLIC HEARING:  Consideration of amendments to Regulation 4VAC20-950, "Pertaining to Black Sea Bass," to close the recreational black sea bass fishery until the end of the year. 

18. REQUEST FOR PUBLIC HEARING:  Pound net leader modifications to protect sea turtles and marine mammals.

19. REQUEST FOR PUBLIC HEARING:  Gill net and spiny dogfish limited fishery access proposals. 

20. REQUEST FOR PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-490, "Pertaining to Sharks," to restrict the processing of smooth dogfish at sea .

21. RIVER HERRING:  Discussion of response to ASMFC declaration of a moratorium on January 1, 2012. 

22. STRIPED BASS:  Discussion of proposal to open the ocean commercial fishery during January. 

23. RECOMMENDATIONS OF THE RECREATIONAL FISHING ADVISORY BOARD AND COMMERCIAL FISHING ADVISORY BOARD

24. DISCUSSION:  Use of by-catch reduction devices in recreational crab pots. Dr. Rom Lipcius (VIMS).

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

2A. ACCOMACK COUNTY, #09-0730, requests authorization to dredge on an as needed basis 150 cubic yards of subaqueous bottom, replace the northern of the three boat ramp tending piers and the attached breakwater within the existing foot print situated adjacent to the Johnsons Landing County Facility along Hunting Creek near the Town of Hopkins in Accomack County.  The applicant also requests authorization to retain the two 14 foot wide concrete boat ramps, the two other 4 foot wide tending piers with attached breakwaters and the 180 foot long by 12 foot wide County pier which includes a 36 foot by 12 foot T head.  The County facility has existed in some form or another for over 100 years. 

2B. JOSEPHINE CASALE, #09-0866, requests authorization to install a private, noncommercial, riparian mooring buoy at 37° 30' 14" North Latitude, 76° 18' 32" West Longitude, approximately 2,000 feet channelward of her property situated along the Piankatank River at 997 Old Ferry Road on Gwynns Island in Mathews County.  The mooring will encroach on "Additional Public Ground."

2C. HAMPTON DEPARTMENT OF PUBLIC WORKS, #09-0417, requests authorization to mechanically dredge approximately 42,910 cubic yards of State owned subaqueous bottom from the Hampton River main channel and eight ancillary channels to a maximum depth of minus five and a half ( 5.5) feet below mean low water from the Booker T. Washington Bridge at Settler's Landing Road to Bromley Drive in Hampton.  All dredged material will be taken by barge to Craney Island, or an approved alternate upland site, for disposal.

2D. HOPEWELL DEPARTMENT OF RECREATION AND PARKS, #08-2086, requests authorization to dredge up to 2,700 cubic yards of State owned subaqueous bottomlands to a depth of 10 feet mean low water at the City of Hopewell marina facility situated along the Appomattox River and located at 100 West City Point Road.

2E. LYNCHBURG COLLEGE, #09-0912, requests authorization to construct a 12-foot wide by 45-foot long, concrete arch span bridge, crossing over approximately 25 linear feet of the Big Otter River at their Claytor Nature Facility property off Woods Road (Route 682) in Bedford County.  Staff recommends the assessment of a royalty in the amount of $600.00 for the encroachment over 300 square feet of State-owned subaqueous land at a rate of $2.00 per square foot.

2F. MEADWESTVACO CORPORATION, #09-0297, requests a modification to a previously authorized project to now replace an existing sanitary sewer line exposed in the streambed of Dunlap Creek by installing an aerial, three-inch diameter, double wall, sanitary sewer line supported by an approximately 5-foot 6-inch wide box frame truss crossing over approximately 85 feet of Dunlap Creek, a minimum of 27 feet 10 inches above ordinary high water, immediately upstream of the Jackson River at their Covington facility in Alleghany County.  Staff recommends the assessment of a royalty in the amount of $1,190.00 for the sewer line's encroachment over 85 linear feet of State-owned subaqueous land at a rate of $3.00 per linear foot and for the truss' maximum encroachment over 467.5 square feet of State-owned subaqueous land at a rate of $2.00 per square foot.

2G. BEACH COVE VILLAS CONDO OWNERS ASSOCIATION, #09-0507, requests authorization to construct two (2) 180-foot long, one (1) 80-foot long quarry stone breakwater and one (1) 50-foot long stone spur, extend and armor two (2) existing stone and concrete block groins, and place 2,800 cubic yards of beach-quality sand over 26,500 square feet of State-owned subaqueous bottom channelward of mean low water adjacent to their property on the Rappahannock River near Windmill Point in Lancaster County.  Recommend approval with a royalty in the amount of $1,325.00 for the placement of the sandy material channelward of low water at the rate of $0.05 per square foot.

2H. QWEST CONSTRUCTION, #09-1088, requests authorization to install by directional bore method, 15 linear feet of HDPE conduit and fiber optic cable beneath Hazel Run, and 550 linear feet of HPDE conduit and fiber optic cable that will be attached to, and cross over the Rappahannock Bridge in Fredericksburg.  These fiber optic lines are part of the Terrapin South Project being constructed in Stafford and Prince William Counties.  Recommend approval with a royalty of $1695.00 for the crossing of 565 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

PAGE 3 ITEMS Consent Agenda Items.

3A. ELIZABETH JORDAN, #09-0329, requests after the fact authorization for the construction of a replacement vinyl bulkhead at her property situated along Sarah Creek in Gloucester County.  The bulkhead was constructed prior to the execution of her VMRC permit, and it measures approximately 15 feet longer than that indicated in the application drawings.  The contractor has accepted full responsibility for the violation and has agreed to the payment of a $600.00 civil charge and triple permit fees of $300.00 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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