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AGENDA September 24, 2013

**APPROVAL OF AGENDA.  

1.  MINUTES of previous meeting.

2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).

3.  CONSENT AGENDA ITEMS.

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

5.  MATHEWS LAND CONSERVANCY, #12-1539, requests authorization to install an observation deck encroaching over 914 square feet of State-owned subaqueous bottom, install two 16-foot wide floating piers extending 103 feet channelward of the observation deck, and install an 8-foot wide open-pile pier extending 62 feet channelward of an existing bulkhead with a 14-foot wide by 100-foot long T-head deck along the East River at 1039 Williams Wharf Road in Mathews County.  The project is protested by numerous nearby residents.

6.  DIANE and CHARLES McCOY, #13-0437, request authorization to install a 446 linear foot bulkhead aligned a maximum of two (2) feet channelward of an existing, deteriorating bulkhead, to include a 20 foot timber jetty adjacent to 1721 Cloncurry Road situated along the Lafayette River in Norfolk.  The project is protested by an adjacent property owner.

7.  GEORGE TREIBER, #13-0282, requests authorization to replace 157 linear feet of an existing 18-inch wide finger pier with a 5-foot wide finger pier, to install a 72-foot long timber wavescreen and an additional 3-foot wide by 30-foot long finger pier, to relocate an existing 8-foot wide by 23-foot long floating dock, and to retain a previously unauthorized 7-foot wide by 31-foot long floating dock, adjacent to an existing, private, non-commercial pier servicing 3932 High Street situated along the Western Branch of the Elizabeth River in Portsmouth. 

8.  O. OAKEY MITCHELL, #12-0300, requests after-the-fact authorization to retain a previously unauthorized partially enclosed 29-foot by 29-foot boathouse, and additional pier decking, and to remove and realign a portion of his existing private-use pier, to include a bridge portion over an unnamed tidal stream tributary of Grays Creek at his property located near the end of Blue Heron Drive in Surry County.  The request to retain the existing structures is protested by the Kings Landing Owners Association.

9.  JENNIFER BONNIVILLE, #2013-0019 and #2013-0020, requests authorization to lease approximately 150 acres and 100 acres respectively, of oyster planting grounds, in the York River in York and Gloucester counties.  Both applications are protested by Mr. Billy Bonniville.

10.  PUBLIC COMMENTS.

11.  REPEAT OFFENDERS.

12.  FAILURE TO REPORT:  Cases involving failure to report commercial harvests, in accordance with Chapter 4VAC20-610-10 et seq., “Pertaining to Commercial Fishing and Mandatory Harvest Reporting.”

13.  PUBLIC HEARING:  Proposed amendments to Chapter 4VAC20-950-10 et seq., “Pertaining to Black Sea Bass,” to allow for the culture of black sea bass by permitted aquaculture facilities.  

14.  PUBLIC HEARING:  Proposed amendments to Chapter 4VAC20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to establish the 2013 public oyster harvest season, by hand scrape, for Pocomoke Sound Public Ground Numbers 9 and 10.

15.  REQUEST FOR PUBLIC HEARING:  Proposed amendments to Chapter 4VAC20-500-10 et seq., “Pertaining to the Catching of Eels,” to establish gear-specific harvest seasons, and amend size and possession limits, for the harvesting of American eel.  These amendments are proposed for compliance with the interstate fishery management plan requirements for American eel.

PAGE 2 ITEMS (Projects over $500,000 with no objections and with staff recommendation for approval).

2A.  WESTMORELAND COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, #13-0350, requests authorization to reconstruct a 15-foot high by 25-foot wide, 230-foot long earthen dam with associated stabilization and geosynthetic clay liner core to restore Placid Lake, a manmade impoundment adjacent to Mattox Creek in Westmoreland County.

2B.  BAE SYSTEMS, #13-0827, requests authorization to deploy, on an as-needed basis, 685 linear feet of security barrier between the Old Dominion Drydock and Pier 4, consisting of fencing secured to large fender floats with four anchor points, which will encroach over 10,960 square feet of State-owned submerged land adjacent to their facility at 750 West Berkley Avenue situated along the Southern Branch of the Elizabeth River in Norfolk.  The security barrier is proposed in order for BAE Systems to comply with a request by the Department of the Navy for additional security.  Permittee agrees to ensure that no portion of the proposed project encroaches into the federal navigation project.  Encroachment includes but is not limited to, the location of the "Catenary" at any stage of tide or weather condition.

2C.  DELTAVILLE MARINA, #13-1133,
requests authorization to redevelop an existing marina on Jackson Creek at 274 Bucks Lane in Middlesex County.  The project will include the removal of a 270-foot long fixed pier and installation of a new, 270-foot long floating pier in the same footprint.  The total number of slips will be reduced from 36 to 34 and the number of covered slips will also be reduced from 30 to 4.  Recommend approval with no royalty, pursuant to §28.2-1206(B) of the Code of Virginia.



PAGE 3 ITEMS

3A. FAIRFIELD INN MOTEL, #13-1176, requests after-the-fact authorization to retain a 75-foot long by 4-foot wide unauthorized pier situated adjacent to their property along Chincoteague Channel at 3913 Main Street in the Town of Chincoteague.  The applicant has agreed to pay a civil charge in the amount of $1,000.00 in lieu of further enforcement action along with a royalty in the amount of $300.00 for the encroachment over 300 square feet of State-owned subaqueous land at a rate of $1.00 per square foot.  Staff recommends approval and acceptance of the aforementioned civil charge and royalty.


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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