AGENDA February 24, 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 SESSION.  

5.         L. CARL FLOYD, ET AL, #08-2214. Commission review, on appeal by the applicants, of the January 20, 2009 decision by the City of Virginia Beach Wetlands Board to deny their proposal to install 350 linear feet of composite bulkhead and access stairs on properties in the Sandbridge Beach subdivision situated along the Atlantic Ocean in Virginia Beach.

6.        WATERVIEW LANDING, LLC, #08-0534, requests authorization to construct an 8-foot wide by 210-foot long community pier with a 6-foot wide by 40-foot long pierhead and a 41-foot long canoe and kayak launching platform adjacent to their property situated along Harry George Creek in Middlesex County. The project is protested by several nearby residents.

7.         GWYNN'S ISLAND CONDOMINIUM UNIT OWNER'S ASSOCIATION, #08-0739, requests authorization to remove an existing portion of their pierhead with seven (7) associated wetslips and to extend the existing pier and mooring poles 70 feet channelward and construct a 97-foot long by 5-foot wide pier-head with pilings and finger piers to create 12 slips for a total of 15 slips at their community pier situated along Milford Haven off Callis Wharf Road in Mathews County. The project is protested by the leaseholders of two nearby parcels of oyster planting ground.

8.         ROBERT RUGGIERO, #08-2149, requests authorization to install a 160-foot long concrete block bulkhead adjacent to his property along Pocomoke Sound at 8475 Keith's Lane in the Town of Saxis, Accomack County. A Coastal Primary Sand Dune/Beach permit is required.

9.         VININGS MARINE GROUP, LLC, #07-1161, requests authorization to construct a 16-foot wide by 240-foot long, commercial, floating “super yacht” pier, with a 6-foot wide by 50-foot long access ramp/gangway, and utility lines and stations, adjacent to heir property situated along Little Creek in the City of Norfolk. The project is protested by several nearby property owners.

10.       VIRGINIA ELECTRIC & POWER COMPANY, #08-1688, requests authorization to place existing aerial 230kV and 500kV electric transmission lines by installing an aerial double-circuit 500/230kV electric transmission line from Meadow Brook to Loudoun that will cross ten (10) jurisdictional stream segments in Fauquier and Prince William Counties. The project is protested by three adjoining property owners in Price William County.

11.       MOON OF NORFOLK CONVEYANCE.  Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 108,466 square feet (2.49 acres) of previously filled State-owned subaqueous lands in Norfolk as authorized by Chapter 884, Acts of Assembly 2006, as limited by Chapter 879, Acts of Assembly 2007.

12.       FORT NORFOLK LLC CONVEYANCE.  Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 4,489 square feet (0.103 acres) of previously filled State-owned subaqueous lands in Norfolk as authorized by Chapter 673, Acts of Assembly 2008.

13.       LAWSON PROPERTY CONVEYANCE.  Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 22,400 square feet (0.51 acres) of previously filled State-owned subaqueous lands in Hampton authorized by Chapter 875, Acts of Assembly 2007.

14.        S & S MARINE PROPERTY CONVEYANCE.  Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 12,100 square feet (0.28 acres) of previously filled State-owned subaqueous lands in Hampton as authorized by Chapter 875, Acts of Assembly 2007.

15.       DISCUSSION:  Update of the Commission’s General Permit for Emergency Situations and Water Quality Improvement Projects (4VAC 20-395-10) involving activities in nontidal waterways and request for public hearing.

16.       PUBLIC COMMENTS

17.       PUBLIC HEARING:  Establishing the 2009 recreational summer flounder management measures (Regulation 4 VAC 20-620-10 et seq.) 

18.       Conforming various regulatory requirements to the 2009 calendar year

19.       PUBLIC HEARING:   Adding efficiency to the requirements for cull rings in crab pots (Regulation 4 VAC 20-700-10 et seq.)

20.       PUBLIC HEARING: Virginia Seafood Council 2009 study of Crassostrea ariakensis

21.       FINAL DECISION ON AMENDMENTS TO REGULATION 4 VAC 20-490-10 ET SEQ.,  “Pertaining to Sharks”, to comply with the Interstate Fishery Management Plan for Atlantic coastal sharks (a public hearing was held in January).  

22.       BLACK SEA BASS:  Establish a 12 ˝-inch minimum size limit for the Virginia recreational fishery, to comply with ASMFC requirements. Request for a March 2009 public hearing.

23.       APPROVAL OF THE 2009 REPLENISHMENT PLAN AND ASSOCIATED PROCUREMENT METHODS.

24.       REQUEST FOR A MARCH 2009 PUBLIC HEARING TO ESTABLISH A ONE-MONTH SEASON FOR THE TAKING OF POLLUTED OYSTERS FROM RUSS ROCK IN THE RAPPAHANNOCK RIVER.

25.       INDIVIDUAL APPEALS OF COMMISSION DECISIONS TO PLACE CERTAIN CRAB POT AND PEELER POT LICENSES ON A WAITING LIST, UNTIL  THE RECOVERY OF THE CHESAPEAKE AREA BLUE CRAB STOCK

26.        REPEAT OFFENDERS

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

2A.       VIRGINIA ELECTRIC & POWER CO., #08-1862, requests authorization to construct a 110 foot-long, utility crossing of the Slate River to install an 18-inch diameter, steel encased, natural gas pipeline using the directional drill method in conjunction with a 13.6 mile gas pipeline to energize the new Bear Garden Generation Station across the James River from Bremo Bluffs Station in Buckingham County. The generated power will be transmitted along a new 520 foot-long 230kV, single circuit, electrical transmission line using existing utility poles. Staff recommends the assessment of a royalty in the amount of $330.00 for the pipeline encroachment under Slate River at a rate of $3.00 per linear foot and $1,560.00 for the encroachment over 520 linear feet of the James River by the transmission line at a rate of $3.00 per linear foot.

2B.       FLOUR ENTERPRISES, INC., #08-2001, requests authorization to cross Aquia Creek and Chapawamsic Creek in Stafford County, Powells Creek and Neabsco Creek in Prince William County and Pohick Creek in Fairfax County, in association with the I95/395 HOV/BUS/HOT Lanes improvement project.

2C.       UPPER OCCOQUAN SEWAGE AUTHORITY, #07-1765, requests authorization to modify their previously authorized permit to include impacts to 341 square feet of Cub Run and Flatlick Branch as a result of removal and replacement of fords and construction access as part of the Cub Run Gravity Delivery System upgrade in Fairfax County.

2D.       CITY OF HAMPTON, #05-1121, requests authorization to reactivate and extend their previously authorized permit to October 31, 2011, to dredge, on an as-needed basis, by either hydraulic or clamshell method, up to 4,000 cubic yards of new material and 10,000 cubic yards of maintenance material, per cycle, to maintain maximum depths of minus nine (-9) feet below mean low water from a 420-foot long channel ranging in width from 70 to 100 feet wide within the Salt Ponds channel in Hampton. All material will be placed above mean low water on the adjacent City of Hampton public beach.

2E.        BUCHANAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, #08-1848, requests authorization to install a submerged sewer line beneath 5,202 linear feet of Poplar Creek to provide municipal sewer service to area residents and the Southern Gap Industrial Development Area in Buchanan County.  Recommend approval with our standard instream permit conditions and adherence to any time-of-year restrictions and/or survey requirements recommended by the Department of Game and Inland Fisheries.

2F.       PERKINS CREEK ASSOCIATION, LLC #06-2998, requests authorization to maintenance dredge 6,659 cubic yards of subaqueous material to provide maximum depths of minus three and one-half (-3.5) feet at mean low water within Perkins Creek and the entrance channel to Perkins Creek, a tributary of the Rappahannock River in Middlesex County.  The sandy portion of the dredged material is proposed to be placed as beach nourishment on 56,695 square feet of subaqueous bottom along the north side of the Lord Mott Canary property that is now owned by the Williamson Family and is located at the end of Lord Mott Road.  The balance of the material is proposed to be disposed of on the upland within “Geotube” bags.  Staff recommends approval with our standard dredging conditions and a special condition stating that neither the applicant nor the adjacent property owners will acquire any property interest in the submerged land covered by the sandy dredged material.  Staff also recommends the assessment of a royalty of $2834.75 for the encroachment of the sandy dredged material on 56,695 square feet of State-owned submerged land at a rate of $0.05 per square foot.

2G.       U.S. COAST GUARD, CIVIL ENGINEERING UNIT CLEVELAND, #08-1088, requests authorization to dredge 5,900 cubic yards of State-owned subaqueous material to create and maintain maximum controlling depths of -11 feet at MLW within a small boat basin and minus seven (-7) feet at MLW channelward of an adjacent boat ramp, each with a one-foot over-dredge tolerance, at the USCG Integrated Support Command Portsmouth situated along Craney Island Creek in the City of Portsmouth. 

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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