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AGENDA JANUARY 28, 2014

**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.  JOHN and JO ANN KIRKPATRICK, #13-0410, request authorization to construct a 54.5-foot by 6-foot addition to their previously permitted 1,220 square foot T-head pier and dockhouse situated adjacent to their property along Chesconessex Creek at 18192 Robins Lane in Accomack County. 

6.  PUBLIC COMMENT.

7.  REPEAT OFFENDERS.

8.  VIRGINIA INSTITUTE OF MARINE SCIENCE:  Presentation of Dr. Bob Orth's annual review of the status of Submerged Aquatic Vegetation.

9.  PUBLIC HEARING:  Proposed adoption of previous emergency amendments to Chapter 4VAC20-260-10 et seq. “Pertaining to Designation of Seed Areas and Clean Cull Areas,” to clarify culling tolerances and inspection procedures for oysters taken from public oyster beds, rocks and shoals in Virginia’s tidal waters.

10.  PUBLIC HEARING:  Proposed adoption of previous emergency amendments to Chapter 4VAC20-490-10 et seq. “Pertaining to Sharks,” to increase the daily commercial trip limit for spiny dogfish from 3,300 pounds to 4,000 pounds.

11.  REQUEST FOR PUBLIC HEARING:  Proposed amendments to Chapter 4VAC20-490-10 et seq. “Pertaining to Sharks,” to comply with the federal and interstate management plans for these species.

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

2A.  ARMY CORPS OF ENGINEERS, #13-1611, requests authorization for overboard disposal of up to 3 million cubic yards of state-owned subaqueous bottom material per dredge cycle within previously authorized placement sites, adjacent to the federal navigation channel associated with Army Corps of Engineers dredging of the James River federal navigation channel at City Point Shoal, Jordan Point Shoal, Sandy Point Shoal, and Goose Hill Shoal from Milepost 69 to Milepost 27 within the James River in the Counties of James City, Surry, Prince George, Charles City, Chesterfield and the City of Hopewell. 

2B.  ARMY CORPS OF ENGINEERS, #12-1255, requests a permit modification to place overboard in an unconfined manner, dredge material from the Bradford Bay Federal Project Channel onto a previously permitted placement site in Bradford Bay (centered at N37º35’02”, W75º40’53”) near the Town of Wachapreague in Accomack County.  The placement site’s dredge material will increase by 15,000 cubic yards to a maximum of 75,000 cubic yards, per dredge cycle, from the hydraulic maintenance dredging.  All other permit conditions would remain the same. 

2C.  BAE SYSTEMS NORFOLK SHIP REPAIR, #13-0940, requests authorization to maintenance dredge a maximum of 150,000 cubic yards of State-owned submerged land on an as-needed basis, to maintain depths ranging from -36 feet to -64 feet mean low water adjacent to existing piers and drydocks at their facility located at 750 West Berkley Avenue situated along the Southern Branch of the Elizabeth River in Norfolk.  Dredged material will barged to the Craney Island Dredged Material Management Area (CIDMMA) and disposed of in the Rehandling Basin.


PAGE 3 ITEMS

3A.  TOMMY GARNER, #13-1760, requests after-the-authorization to retain 596 square feet of deck space on an existing open-pile private pier, and requests authorization to install an additional 69 linear feet of 5-foot wide finger pier, a boat lift, and an additional 72 square feet of deck space on the existing pier located along Deep Creek at 635 Snug Harbor Lane in the City of Newport News.  The applicant has agreed to pay a civil charge in the amount of $2,000.00 in lieu of further enforcement action.  Staff recommends approval and acceptance of the aforementioned civil charge. . 

3B.  TARKILL AQUACULTURE VENTURES, LLC, #13-1660, requests after-the-fact authorization to retain a 32-foot by 20-foot platform; a 30-foot by 7-foot finger pier; a small connecting platform; a 40-foot by 12-foot floating upweller and a 56-foot by 52-foot platform (of which a 40-foot by 40-foot portion had previous been permitted) situated adjacent to their property along Tarkill Creek at 14008 Tarkill Road in Accomack County.  The applicant also requests authorization to construct a 40-foot by 30-foot second story platform with access stairs over the already constructed 56-foot by 52-foot open-sided platform.  The applicant has agreed to pay a civil charge in the amount of $2,000.00 in lieu of further enforcement action along with a triple permit fee of $300.00 and royalties in the amount of $3,468.00 for the additional platform encroachment over 2,312 square feet of State-owned subaqueous land at a rate of $1.50 per square foot and $28.80 for the floating upweller encroachment over 576 square feet State-owned subaqueous land at a rate of $0.05 per square foot.  Staff recommends approval and acceptance of the aforementioned civil charge, permit fee and royalties. 

3C.  SANDIE POINT CONDOMINIUM ASSOCIATION, #13-0239, requests after-the-fact authorization to retain an existing 10-foot wide by 16-foot long gazebo, and to install 16 additional, uncovered boatlifts at their community-use pier adjacent to Sandie Point Lane situated along the Western Branch of the Elizabeth River in Portsmouth.  The applicant has agreed to pay a civil charge in the amount of $1,000.00 in lieu of further enforcement action.  Staff recommends approval and acceptance of the aforementioned civil charge.


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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