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AGENDA JUNE 23, 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.  BRIEFING ON SB 1350 (Ch 766 Acts 2009) by Senator Wagner and VCERC's efforts to promote commercial wind energy development projects in Virginia's offshore waters by Dr. Hagerman (Virginia Tech) and Megan McCluer (DOE).

6.  HAMPTON ENGINEERING SERVICES, #08-0446, requests authorization to hydraulically dredge approximately 197,500 cubic yards of State-owned bottom material from an existing sand terrace off Factory Point in the Chesapeake Bay and use the beach quality sand as fill for the restoration of the previously existing beach and spit between the Grandview Nature Preserve and the existing island at Factory Point at the mouth of the Back River, mechanically dredge 8,870 cubic yards of State-owned bottom material from the Wallace Creek channel to achieve depths of minus seven ( -7) feet below mean low water, and mechanically maintenance dredge 16,305 cubic yards of State-owned bottom material from the main channel in the Back River and the Long Creek channel to achieve depths of minus seven (-7) feet below mean low water in the main channel and minus five (-5) feet below mean low water in the Long Creek channel in Hampton. 

7.  CITY OF HAMPTON, #08-1413, requests authorization to install five breakwaters ranging in size from 145 linear feet to 500 linear feet and nourish the area behind the breakwaters with beach quality sand requested under application VMRC #08-0446 to protect the restored beach and spit at Factory Point situated along the Chesapeake Bay and the Back River in Hampton. 

8.  WADE VAUGHN #09-0045, requests authorization to construct a 301-foot long by 5-foot wide, open-pile private pier to include a 19-foot by 20-foot L-head platform; 47 linear feet of 5-foot wide catwalk pier; and a 17-foot by 35-foot open-sided boathouse roof with lift extending from the applicant's property, Lot #137 within the Lawnes Point on the James subdivision through an easement over vegetated wetlands owned by the Lawnes Point on the James Property Owners Association along Lawnes Creek in Isle of Wight County.

9.  U.S. ARMY CORPS OF ENGINEERS, #09-0483, requests authorization to place up to 100,000 cubic yards of dredged material, per dredge cycle, from the maintenance of Quinby Creek Channel in Accomack County, upon a previously used spoil site adjacent to State-owned marsh northwest of Peeler Point in Public Ground 61 in Upshur Bay and to place up to 200,000 cubic yards of dredged material from the maintenance of Sloop Channel and North Channel in Accomack County, upon two previously used spoil sites adjacent to State-owned marsh northwest of Cunjer Channel in Public Ground 66, and north of the intersection of Great Machipongo and North Channels in Hog Island Bay. Wetlands and Subaqueous permits are required. 

10.  JOHN AELLEN, #09-0421, requests authorization to install 65 linear feet of stone riprap on his property along Onancock Creek in the Bailey Beach Subdivision (Lot #7) of Accomack County. A Coastal Primary Sand Dune/Beach permit is required from the Marine Resources Commission. 

11.  EAST BEACH COMPANY, LLC, #08 2261, requests authorization to dredge approximately 20 cubic yards of State owned subaqueous material to create depths of minus three ( 3) feet at mean low water, to accommodate the replacement and use of an existing, deteriorated boat ramp, adjacent to their property situated along Little Creek in the City of Norfolk. The project is protested by an adjacent marina operator..

12.  DEPARTMENT OF CONSERVATION AND RECREATION, #09-0431, requests authorization to install 60 Prothonotary Warbler bird nest boxes on 3/4" conduit pipe in the Northwest River, and an unnamed tributary thereof, located a maximum of six (6) feet channelward of the shoreline of the Northwest River State Natural Area Preserve in Chesapeake. The project is protested by an adjoining property owner. 

13.  PUBLIC COMMENTS

14.  PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-260 to exempt oysters grown by caged aquaculture methods from the 3-inch size limit.

15.  GROUPER-TILEFISH:  Results of SAFMC meeting.

16.  APPEALS OF INDIVIDUALS WHOSE CRAB LICENSES HAVE BEEN PLACED ON THE WAITING LIST.

17.  RECOMMENDATIONS OF THE COMMERCIAL FISHING ADVISORY BOARD 

18.  REPEAT OFFENDER


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


2A.  VIRGINIA ELECTRIC & POWER CO., #09-0229, requests authorization to install 259 linear feet of new 500 kV electrical transmission line a minimum of 40 feet above multiple stream crossings in Warren County, Rappahannock County, Culpeper County, and Fauquier County, and install two (2) 4-foot by 16-foot temporary timber mats in Tin Pot Run for construction access as part of Phase II of the Meadow Brook to Loudoun project between the Appalachian Trail in Warren County and Bristers Junction in Fauquier County. Staff recommends a royalty in the amount of $777.00 for the encroachment over 259 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot.

2B.  DEPARTMENT OF CONSERVATION AND RECREATION, #09-0058, requests permission to install six (6) armor stone breakwaters (180 ft, 180 ft, 158 ft, 137 ft, 88 ft and 118 ft long by approximately 30 feet wide) extending a maximum of 120 feet channelward of mean low water and nourish behind the breakwaters with approximately 13,000 cubic yards of beach quality sand, install 901 linear feet (6 sections)of 16 feet wide riprap sill extending a maximum of 40 feet channelward of mean low water and nourish behind the sill with 6,300 cubic yards of beach quality sand to be sprigged with vegetation adjacent to Westmoreland State Park situated along the Potomac River in Westmoreland County.

2C. RETREAT AT BENNETT'S CREEK, LLP, #08-0798, requests authorization to construct a community-use pier, consisting of a fixed 30 foot square deck, upon which would be constructed a 20-foot square open-sided gazebo structure, and to which would be attached by gangway access, two floating pier sections of 152.7 feet and 183.3 feet respectively, each with floating finger piers creating 22 wetslips at the applicant's proposed retirement community along Bennetts Creek in the City of Suffolk. Recommend a royalty in the amount of $18,630.00 for the encroachment over 12,420 square feet of State-owned subaqueous bottomlands at a rate of $1.50 per square foot.

2D.  DICKENSON COUNTY BOARD OF SUPERVISORS, #05 0179, requests reactivation, modification and extension of their previously issued permit for the construction of four pedestrian clearspan bridges, each measuring 13' in width and 44', 85', 40' and 120' in length, across Cane Branch and the Pound River to facilitate construction of the Haysi Breaks Trail in Dickenson County. Recommend approval with a three-year permit extension.

2E.  U.S. ARMY CORPS OF ENGINEERS, #09-0526, requests authorization to hydraulically place up to 90,000 cubic yards of dredged material, per dredge cycle, from the maintenance of Ramshorn Channel, a portion of the Waterway on the Coast of Virginia (WCV) in a previously used 1,000 foot by 1,000 foot overboard spoil site in Outlet Bay in Northampton County.  Staff recommends a time-of-year restriction be imposed from April 15 through September 30 to protect spawning shellfish and water birds.

2F.  CLAY HOLCOMB, #09-0379, requests authorization to expand the existing Chesapeake Boat Basin Marina by extending the main dock 247 feet channelward with an 80-foot T-head and adding multiple finger piers and mooring piles to create an additional 42 wet slips, five (f) of which will include uncovered boat lifts, at commercial property at the end of Waverly Avenue at Kilmarnock Wharf in Lancaster County. Recommend approval with the inclusion of the marina management and fuel spill contingency plans provided in the application. 

2G.  MATHEWS COUNTY, #09-0454, requests authorization to construct 289 linear feet of riprap revetment surrounding the New Point Comfort Lighthouse located in the Chesapeake Bay near New Point in Mathews County. The stone from the existing revetment is proposed to be used as core material with larger stone used as armor material to create a 46 foot wide revetment with a height of 12 feet above mean low water.

2H.  WILLIAM ROYALL, #09-0452, requests authorization to construct a 12-foot by 50- foot concrete private boat ramp with a 90-foot long tending pier, two (2) 50-foot long riprap groins, and a total of 475 linear feet of riprap sill with 1,650 cubic yards of sandy material placed landward of the sill as beach nourishment and to support the planting of 8500 square feet of wetland vegetation adjacent to his property situated along Wilson Creek at 5704 Paynes Point Road in Gloucester County. Recommend approval with a royalty of $100.80 for the encroachment of the beach nourishment on 2,000 square feet of State-owned submerged land at a rate of $0.05 per square foot.

2I.  PERDUE GRAIN AND OILSEED, LLC, #09 0176, requests a modification to their previously issued permit to allow for the installation of a new timber pile dolphin, along with the repair and/or relocation of four existing dolphins at their existing grain loading facility located on Hoskins Creek in the Town of Tappahannock. Recommend approval and an encroachment royalty of $22.00 for the encroachment of the project over 11 square feet of State owned subaqueous land at a rate of $2.00 per square foot. 


PAGE 3 ITEMS Consent Agenda Items.

3A.  OLVERSON'S LODGE CREEK MARINA, #09 0736, requests after-the-fact authorization to retain five (5) commercial tending piers ranging in length from 29 to 59 feet in their as built configuration adjacent to the marina's "B Dock" situated along Lodge Creek in Northumberland County. The applicant has agreed to a civil charge of $1,200.00 in lieu of further enforcement action.

3B.  WILLIAM M. WINN, #04-0979
, requests after-the-fact authorization for an additional pier, additional wave screen structure, and additional encroachment of a bulkhead structure over State-owned bottomlands in excess of those authorized at the applicant's commercial marina facility situated along the James River at Jordan Point in Prince George County. The applicant has agreed to a civil charge of $1,800.00.


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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