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COMMISSION AGENDA DECEMBER 20, 2005

1. MINUTES of previous meeting.

** APPROVAL OF AGENDA.

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

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.

4. KINDER MORGAN BULK TERMINALS, INC., #05-2232, requests authorization to construct a 220-foot long extension to Pier IX, a new 1,200-foot long concrete pier 
(Pier X) and dredge approximately 383,200 cubic yards of bottom material to facilitate expansion of their marine terminal situated along the James River in Newport News. The project is protested by an adjacent property owner. Continued from the November 22, 2005, Commission hearing.

5. ALICE SIEGEL, #01-0055. Commission consideration of a 39-foot by 43-foot private, non-commercial enclosed boathouse constructed in non-compliance (Sworn Complaint #02-16) with its VMRC permit at property situated along the Pamunkey River in King William County. Continued from the November 22, 2005, Commission hearing.

6. TONI SLOAN, #05-1639, requests after-the-fact authorization to retain a 57-foot long by 12-foot wide private, pre-cast concrete boat ramp, which extends approximately 13-feet channelward of mean low water, adjacent to her property along the Rappahannock River at the end of Beach Road near White Stone in Lancaster County. Deferred at the applicant's request from the November 22, 2005, Commission meeting. 

7. CHRIS SEWARD, #05-2522. Commission review of the Virginia Beach Wetland Board's November 21, 2005, decision to approve, without compensation for filled wetlands, a request to retain a previously unauthorized 71-foot bulkhead installed adjacent to the applicant's property situated along a manmade canal tributary to Back Bay in Virginia Beach. 

8. ROBERT WELLS, #05-1036. Commission review, on appeal by the applicant, of the October 19, 2005, decision by the Northampton County Wetlands Board to deny a proposal to install a series of stone breakwaters with beach nourishment and marsh toe protection at his property situated along the Chesapeake Bay at the mouth of Hungars Creek in the Vaucluse Shores subdivision of Northampton County.

9. WILLIAM HAMMOND, #05-1936. Commission review of the October 27, 2005, decision of the Accomack County Wetlands Board to approve the construction of 284 linear feet of timber bulkhead, aligned channelward of a deteriorated wooden bulkhead and the backfilling of 1,020 square feet of vegetated tidal wetlands at his property situated along Chincoteague Channel at 2553 Main Street in the Town of Chincoteague. 

10. RONALD W. BOONE, #04-2187, requests after-the-fact authorization to retain a second story 20-foot by 30-foot office, and authorization to increase the size of a previously authorized gazebo to 15-foot by 15-foot and the two (2) previously authorized shelters to 30-foot by 15-foot, all on the Ocean View Fishing Pier adjacent to property situated along the Chesapeake Bay in Norfolk.

11. CUMBERLAND COUNTY, #05-0852, requests authorization to dredge approximately 15,000 cubic yards of State-owned submerged land and construct a raw water infiltration intake structure in the James River in the vicinity of the mouth of Cobbs Creek. The intake is designed to withdraw a maximum of 53 mgd at a maximum rate of 0.25 feet per second as part of the Cobbs Creek Reservoir Project. The project is protested by an adjacent property owner.

12. BOY SCOUTS OF AMERICA - COLONIAL VIRGINIA COUNCIL, #05-2049, requests authorization to construct a 6-foot by 930-foot floating pier addition with seven (7) wetslips to replace and extend an existing open-pile pier to a total length of 1,133 feet channelward of mean high water adjacent to their property situated along McKans Bay on the Rappahannock River in Middlesex County.

13. COLONIAL PIPELINE COMPANY, #05-2245, requests authorization for the replacement or repair of petroleum pipeline (Line 27) segments at multiple stream crossings, as needed, in Cumberland, Powhatan, Chesterfield, Charles City, James City Surry and Isle of Wight Counties and the Cities of Richmond, Suffolk and Chesapeake. Both wetlands and subaqueous permits are required.

14. PUBLIC COMMENTS

15. VIMS presentation of the oyster abundance on Steamer Rock

16. Public Hearing: Request to make emergency pound net exemption permanent (Regulation 4 VAC 20-20-10 et seq.)

17. Public Hearing: Pertaining to requirements for harvesting horseshoe crabs in Virginia (Regulation 4 VAC 20-900-10 et seq.)

18. Public Hearing: Request to make emergency Winter II scup possession limit permanent (Regulation 4 VAC 20-910-10 et seq.)

19. Public Hearing: Requested revision of requirements associated with transfers of crabbing licenses (Regulation 4 VAC 20-1040-10 et seq.)

20. Emergency Regulation: Establishment of 2006 black sea bass directed and by-catch quotas and provisions (Regulation 4 VAC 20-950-10 et seq.)

21. Report on Mr. James Fletcher's requests to increase the Virginia commercial summer flounder possession limit and 10-day landing period. 

22. Report on the feasibility of a cownose ray bounty system.

23. Public Hearing: Request to make emergency allowance of hand scrape harvests of oysters, in Potomac River tributaries to Virginia, permanent (Regulation 4 VAC 20-720-10 et seq.)

24. Report on the Shellfish Committee meeting of November 29, 2005, with a possible request for a public hearing.

25. Review of FMAC recommendation on management measures for sheepshead; a request for public hearing.

26. Request for public hearing on American shad by-catch provisions.


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

2A. ARLINGTON PLANTATION HOME OWNERS ASSOCIATION, #05-2026, requests authorization to install two 80-foot long offshore stone breakwaters and one (1) 50-foot long offshore stone breakwater with suitable sandy beach quality nourishment situated along the Chesapeake Bay near the mouth of Old Plantation Creek adjacent to the association's common area in the Arlington Plantation subdivision of Northampton County.

2B. VIRGINIA ELECTRIC AND POWER COMPANY, #05-2530, requests authorization to install, by directional drill, approximately 1.6 miles (8,450 linear feet) of new 230 kV electric transmission line under the Elizabeth River from the Sewells Point substation in Norfolk to the Churchland/Craney Island substation, in Portsmouth. 

2C. LAMBERT'S POINT DOCKS, INC., #05-2050, requests authorization to maintenance dredge, by hydraulic method, 22,000 cubic yards of State-owned submerged lands to achieve maximum depths of -34 feet below mean low water within a 1,600-foot by 2,600-foot basin around Piers N, L and P adjacent to their property situated along the Elizabeth River in Norfolk.

2D. VIRGINIA INSTITUTE OF MARINE SCIENCE, #05-2482, requests authorization to install a 20-foot by 9-foot research float with three (3) anchors located at 37 14'05" North Latitude W76 24' 03" West Longitude and to install 4,260 linear feet of optic cable from the float to an electronic relay station located on Goodwin Island near the mouth of the York River in York County.

2E. TANNER'S LANDING ASSOCIATES, LLC, #05-0480, requests authorization to install a 363-foot long by 8-foot wide open-pile community pier with 27 slips, six (6) with uncovered lifts, and associated finger piers, and to dredge, using mechanical dredging, 825 cubic yards of state-owned submerged lands to achieve maximum depths varying from minus five (-5) feet to minus six (-6) feet below mean low water within a 130-foot by 210-foot basin, to serve a 27-unit condominium complex located adjacent to the Granby Street Bridge situated along the Lafayette River in Norfolk. Staff recommends an annual royalty of $1,419.45 for the encroachment over 9,463 square feet of State-owned submerged lands at a rate of $1.50 per square foot and $371.25 for the dredging of 825 cubic yards of State-owned submerged lands at a rate of $0.45 per cubic yard. Staff also recommends a pre-dredging conference and the submission of a post-dredging bathymetric survey of the dredged area within 30 days of the completion of the dredging. 

2F. VIRGINIA ELECTRIC AND POWER COMPANY, #05-2428, requests authorization to maintenance dredge up to 150,000 cubic yards of State-owned subaqueous bottomland, on an as-needed basis, adjacent to their intake channel for the Surry Nuclear Power Station within the James River in Surry County. Recommend approval with a time-of-year restriction from February 15 - June 30.

2G. SANDERS YACHT YARD, #03-1630, requests authorization to modify their existing permit for two (2) commercial marina piers at their facility on Carter Creek in Irvington, Lancaster County. The reconfigured piers will result in a reduction of wet slips from 45 to 36, a reduction of finger piers from 21 to 17, a change from an 85-foot long T-head to a 70-foot long L-head on the southern pier, and the addition of a 185-foot long by 8-foot wide walkway which will connect the two piers. Recommend approval of the modified design with a royalty in the amount of $1,480.00 for the additional encroachment over 1,480 square feet of State-owned bottom at a rate of $1.00 per square foot, and that all terms and conditions of the original permit remain in effect.

2H. B.G. RANDOLPH. #05-2124, requests authorization to construct and backfill 563 linear feet of vinyl bulkhead a maximum of one (1) foot channelward of mean low water and an existing bulkhead for shoreline protection adjacent to property along Crystal Lake in the Lake Shore Park subdivision in Virginia Beach. Recommend a royalty in the amount of $563.00 for the filling of State-owned subaqueous bottom at the rate of $1.00 per square foot.

2I. PACK LIMITED FAMILY PARTNERSHIP, #04-2454, requests authorization to modify a previously approved permit, specifically, to extend the previously authorized 322-foot bulkhead an additional 16 linear feet, up to two (2) feet channelward of an existing deteriorated bulkhead at their marina/hotel/restaurant facility along the Pagan River in the Town of Smithfield. Recommend a royalty of $96.00 for the encroachment over 32 square feet of State-owned subaqueous bottomland at rate of $3.00 per square foot. All other existing permit conditions will remain in effect.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE KATHY LEONARD (757-247-2120) 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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