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AGENDA JANUARY 24, 2012

**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.  LAWRENCE GREY, #11-1518, requests authorization to construct a 300-linear foot riprap revetment channelward of an eroding bluff extending 10-feet over jurisdictional beach adjacent to his property situated along the James River at 13901 Weyanoke Road in Charles City County.  Deferred from the December 6, 2011, Commission meeting.

6.  MARTIN CHAMBERLAIN, #11-1047, requests authorization to install a 155 linear foot marsh toe sill with a 10-foot base width, adjacent to his property situated along the Great Wicomico River in Northumberland County. The project is protested by an adjacent property owner.

7.  BRUCE WOOD, #11-1325, requests authorization to deploy 117 3-foot long by 2.5-foot wide commercial oyster floats secured by helical screw anchors, galvanized chain and polypropylene rope over his leased ground at two locations in Nomini Creek in Westmoreland County.  The project is protested by an adjacent property owner.

8.  PUBLIC COMMENTS.

9.  PUBLIC HEARING:  Establish the 2012 by-catch allowance of American shad, as part of Chapter 4VAC20-530-10 et seq., "Pertaining to American Shad".

10. PUBLIC HEARING:  Establish an additional measurement device of the Virginia standard oyster bushel, as part of Chapter 4VAC20-260-10 et seq., "Pertaining to Designation of Seed and Clean Cull Areas".

11. PUBLIC HEARING:  Establish separate commercial management measures for Golden tilefish, Blueline tilefish, and Sand tilefish, as part of Chapter 4VAC20-1120-10 et seq., "Pertaining to Tilefish and Grouper".

12. REQUEST FOR EMERGENCY REGULATION:  Raise the Winter I commercial scup possession and landing limit from 30,000 pounds to 50,000 pounds, as part of Chapter 4VAC-20-910-10 et seq., "Pertaining to Scup (Porgy)".

13. ANDREW STURGIS:  Decision on his request to establish four pound nets in Bay-side waters of the Eastern shore. 

14. 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".

15. REQUEST FOR PUBLIC HEARING:  Establish the 2012 recreational summer flounder measures, as part of Chapter 4VAC20-620-10 et seq., "Pertaining to Summer Flounder".

16. REQUEST FOR PUBLIC HEARING:  Revise the requirements associated with registration of the Fisherman Identification Program, as part of Chapter 4VAC20-1240-10 et seq., "Fisherman Identification Program".

17. REQUEST FOR PUBLIC HEARING:  Establish the 2012 commercial horseshoe crab quota, as part of Chapter 4VAC20-900-10 et seq., "Pertaining to Horseshoe Crab".

18. REQUEST FOR PUBLIC HEARING:  Establish the 2012 commercial black sea bass directed and by-catch fisheries' harvest quotas, as part of Chapter 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass".


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

2A. CITY OF VIRGINIA BEACH, #11-1201, requests authorization to mechanically dredge approximately 100,000 cubic yards of State-owned submerged bottom to achieve maximum navigable depths of minus six (-6) feet mean low water in the Western Branch of the Lynnhaven River municipal channel.  Dredged material will be offloaded at the City's Thalia Creek transfer facility and transported by sealed trucks to the Whitehurst Borrow Pit for disposal.  Staff recommends approval with time-of-year restrictions north of Hebden Cove for dredging between April 1 and June 30 to protect juvenile summer flounder, and for dredging between July 1 and September 30 to protect shellfish resources.

2B. COVE POINT CONDOMINIUMS, #05-2207, requests authorization to convert their existing permit's annual royalty payment into a one-time final royalty payment.  In 2006, the Commission approved the request to fill and encroach over State-owned bottomlands of Little Neck Creek in Virginia Beach, including an annual royalty of $4,025.55 representing 1/10th of $40,255.50.  At the time of Commission approval in 2006, permits with royalty amounts exceeding $10,000.00 were assessed annual royalty payments at a value of 1/10th the total royalty amount.  Having paid the annual royalty amount for six (6) years, the Permittee would like the option of paying the remaining balance of the royalty if the assessment had been a one-time payment as we now typically assess. Staff recommends that the Commission accept the Permittee's offer of a final royalty payment of $16,102.20, as it will complete the entire original royalty amount. 

PAGE 3 ITEMS

3A. CARLENE SAVEDGE, #10-0688, requests after-the-fact authorization to retain 110 linear feet of riprap in front of an existing bulkhead, a 40-foot long by 12-foot wide riprap revetment, and a 107 linear foot marsh toe sill as part of a living shoreline adjacent to her property at 113 East Sherwood Avenue situated along Mill Creek in the City of Hampton.  Staff recommends approval with triple permit fees and a civil charge of $600.00 from the contractor.

3B. RICHARD MEREDITH, et al, #11-1191, requests authorization to retain an existing 3-foot wide by 32-foot long private non-commercial pier, including a 5-foot by 19-foot L-head, serving as a second pier for 3048 Sand Bend Road in the Back Bay Meadows subdivision, situated along Back Bay in Virginia Beach.  Staff recommends after-the-fact approval with a triple permit fee of $300.00. 

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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