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AGENDA JULY 28, 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.  U.S. ARMY CORPS OF ENGINEERS/CITY OF VIRGINIA BEACH, #09-0427, requests a permit modification to expand the beach nourishment proposal for the Cape Henry Beach area of Virginia Beach situated along the Chesapeake Bay. The modification request now includes the westernmost section of Cape Henry Beach, lying between Jade Street and the Lesner Bridge. The project is protested by a riparian property owner within the project limits. 

6.  MR. AND MRS. ROBERT HALL, #09 0576.  Commission review of the June 15, 2009, decision by the Westmoreland County Wetlands Board to approve the Hall's request to install 130 linear feet of riprap revetment that will eliminate approximately 260 square feet of vegetated wetlands at their property adjacent to Murphy's Mill Creek.

7.  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. Continued from the June 23, 2009, Commission meeting.

8.  CARL SALERA, #08-1281, requests authorization to install a private, noncommercial, non-riparian mooring buoy in Mill Creek at 37 35' 18.24" North Latitude and 76 25' 31.14" West Longitude, approximately 900 feet channelward of a common deeded access parcel adjacent to The Winding Trail road in Middlesex County. The project is protested by several nearby property owners.

9.  DECEMBER PARTNERS, LLC.  Commission adoption of Resolution and approval of Deed conveying 32,631 square feet (0.749 acres +/ ) of previously filled State owned subaqueous lands in the City of Norfolk to December Partners, LLC, and its successors and assigns, in accordance with Chapter 884 Acts of Assembly 2007. 

10. MOON OF NORFOLK, LLC.  Commission adoption of Resolution and approval of Deed conveying 108,466 square feet (2.49 acres +/ ) of previously filled State owned subaqueous lands in the City of Norfolk to Moon of Norfolk, LLC, and its successors and assigns, in accordance with Chapter 884 Acts of Assembly 2006 and limited by Chapter 879 Acts of Assembly 2007. 

11. FORT NORFOLK, LLC.  Commission adoption of Resolution and approval of Deed conveying 4,489 square feet (0.103 acres +/ ) of previously filled State owned subaqueous lands in the City of Norfolk to Fort Norfolk, LLC, and its successors and assigns, in accordance with Chapter 673 Acts of Assembly 2008.

12. U.S. ARMY CORPS OF ENGINEERS, #99-0941, requests an extension for an additional two weeks beyond the Commission's established ten-year expiration in order for them to complete the current maintenance dredging of the Greenvale Creek Federal Project Channel in Lancaster County. 

13. MARY HILL AND MARIE HILL, OYSTER PLANTING GROUND APPLICATION, #2006 176.  Applicant is requesting to lease approximately 160 acres of oyster planting ground within Chuckatuck Creek on both sides of the Chuckatuck Creek, Route 17, highway bridge in the City of Suffolk and Isle of Wight County. The application is protested by a nearby oyster ground leaseholder.

14. PUBLIC COMMENTS

15. CRAB LICENSE BUY-BACK PROGRAM:  Approval of procurement procedures and request for public hearing to amend Regulation 4VAC20-1040 to incorporate the buy-back program.

16. FINAL APPEALS FROM INDIVIDUALS WHOSE CRAB LICENSE HAS BEEN PLACED ON THE WAITING LIST

17. CASES CONCERNING FAILURE TO REPORT COMMERCIAL HARVEST

18. RECOMMENDATIONS OF THE RECREATIONAL FISHING ADVISORY BOARD.

19. REQUEST FOR PUBLIC HEARING:  To amend Regulation 4VAC20-1090 and Regulation 4VAC20-1180 to establish non-resident fees for all recreational fishing.

20. REQUEST FOR PUBLIC HEARING:  To amend Regulation 4VAC20-252 to establish the 2009 recreational striped bass harvest controls.

21. REQUEST FOR PUBLIC HEARING:  To amend Regulation 4VAC20-610 to clarify commercial harvest reporting requirements. 

22. REQUEST FOR PUBLIC HEARING:  To establish a new regulation setting minimum distances between any net and a fixed fishing device, as directed by HB 2256 (2009 Session).

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


2A. STAFFORD COUNTY, #06 2815, requests authorization to modify an existing permit by constructing an open pile footbridge over Austin Run instead of a clear span bridge as proposed. The new bridge will be 10 feet wide and cross over approximately 50 feet of Austin Run, and is associated with the Government Island Historical Trail Improvement Project in Stafford County.

2B. QWEST GOVERNMENT SERVICES INC., #09 0450, requests authorization to install two (2) 150 feet, 1.5 inch HDPE conduits and one (1) 150 foot optic cable a minimum of 10 feet beneath the bottom of the Occoquan River, adjacent to VDOT property situated along the Occoquan River in Prince William County. The lines will be installed by directional bore method.

2C. TAZEWELL COUNTY PUBLIC SERVICE AUTHORITY, #09-0575, requests authorization to install a submerged sewer line beneath 747 linear feet of stream channel to facilitate construction of the Baptist Valley Sewer East Phase I Project in Tazewell County. Recommend approval with our standard instream permit conditions and the agreement to conduct any necessary mussel and fish surveys/relocations and adhere to any instream work time-of year restrictions as recommended by the Department of Game and Inland Fisheries.

2D. TOWN OF SMITHFIELD, #09 0649, requests authorization to construct up to six (6) pedestrian walkway bridges and two observation decks over tidal marches and streams; to construct an 8 foot wide by 101 foot long fishing pier, with a 12 foot by 40 foot T head; to construct an 8 foot by 131 foot fixed kayak/canoe launch pier, to include a 16 foot by 20 foot floating dock with gangway access from the fixed pier to include two floating 5 foot by 15 foot kayak/canoe launch ramps along the floating platform all being along tidal stream tributaries of and within Cypress Creek in the Town of Smithfield in Isle of Wight County.

2E. RUTH B. CASSIDY, #09 0533, requests authorization to construct one 250 foot long by 30 foot wide offshore stone breakwater and three 150 foot long by 30 foot wide offshore stone breakwaters and nourish the beach with beach quality sand adjacent to her property situated along the Chesapeake Bay, north of the YMCA Camp in the Silver Beach area of Northampton County. Staff recommends the assessment of a royalty in the amount of $2,325.00 for the beach nourishment fill of 46,500 square feet of State owned subaqueous bottom at a rate of $0.05 per square foot.

2F. NORFOLK SOUTHERN CORPORATION, #09-0382, requests authorization to replace existing timber approach trestles, with approximately 31-foot wide concrete/steel, open-pile, approach trestles extending channelward of mean low water, across the Eastern Branch of the Elizabeth River, approximately 275 feet on the north end and 660 feet on the south end of their existing V-2.8 railroad bridge and swing span, crossing between the City of Norfolk in the north and the Cities of Norfolk and Chesapeake in the south, immediately west of the mouth of the Indian River. The proposed project will also include the construction of temporary, open-pile work bridges to accommodate the proposed construction/replacement activities. Staff recommends the inclusion of a permit condition, which requires the removal of the temporary work bridges within 30-days of the completion of each of the north and south segments of the proposed project, and the assessment of a royalty in the amount of $57,970.00 for the new trestles' bold-outline encroachment over 28,985 square feet of State-owned submerged land at a rate of $2.00 per square foot.

2G. DEPARTMENT OF THE NAVY, #09-0552, requests authorization to create four (4) submerged cable trenches by dredging approximately 37, 290 cubic yards of State-owned subaqueous material to accommodate the installation of Y and Z power cable loops within an approximately 700-foot by 2,000-foot area adjacent to their Lambert's Point Deperming Station in the Cities of Portsmouth and Norfolk. The cables will be laid within the trenches and on the river bottom, as well as directionally bored beneath the station's main slip between Piers A and B. The proposed project also includes the backfilling of the cable trenches with approximately 10,500 cubic yards of non-magnetic gravel, as well the construction of three (3), small, open-pile power/cable support platforms with sheds, along the northwest, southwest, and southeast perimeter of the proposed cable loop.

2H. E.I. DU PONT DE NEMOURS & COMPANY, #09-0769, requests authorization to install approximately 450 linear feet of streambank stabilization extending approximately 20 feet channelward of ordinary high water, consisting of a riprap scour-protection toe, fabric-encapsulated soil lifts, and woody debris fish habitat, adjacent to their property situated along the South River and Rockfish Run (Jones Hollow) in the City of Waynesboro. Staff recommends the assessment of a royalty in the amount of $8,784.00 for the fill encroachment over 2,928 square feet of State-owned subaqueous bottom at a rate of $3.00 per square foot.

2I. MGW TELEPHONE COMPANY, #09-0822, requests authorization to install two (2) fiber optic and one (1) copper communication cables crossing approximately 90 feet across and 26 feet above the Cowpasture River, immediately downstream of State Route 39 in Bath County. Staff recommends the assessment of a royalty in the amount of $810.00 for the three utility lines' encroachment over a total of 270 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

2J. CITY OF NORFOLK, #09-0879, requests authorization to rehabilitate and extend two(2) separate, existing 30-inch diameter stormwater outfall pipes by an additional 90 linear feet into the Chesapeake Bay in the vicinities of Warwick Avenue and Inlet Road in the City of Norfolk. Approximately 239 cubic yards of State-owned subaqueous material will be dredged in order to accommodate the extension of these existing outfall pipes. 

PAGE 3 ITEMS Consent Agenda Items.

3A. WILLIAM M. WINN, #04 0979, requests after the fact authorization for 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 in lieu of any further enforcement as permitted by Code.

3B. COLUMBIA GAS OF VIRGINIA, #09-0749, requests after-the-fact authorization to retain a four-inch diameter gas line that was installed by directional bore method, beneath 20 linear feet of Rockfish Run (Jones Hollow) in the city of Waynesboro. Due to the emergency nature of the replacement activity, staff would not recommend the assessment of a civil charge, but would recommend triple permit fees in the amount of $75.00, as well as a royalty assessment in the amount of $180.00 for the gas line's encroachment beneath 20 linear feet of State-owned subaqueous bottom at the tripled rate of $9.00 per linear foot as permitted by Code.


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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