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COMMISSION AGENDA January 26, 1999

1. MINUTES of previous meeting.

** APPROVAL OF AGENDA 

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

3. EXECUTIVE SESSION: To Discuss Legal Matters and Pending Litigation. 

4. STEPHEN M. HIGH, #98-1364. Commission review on appeal of the November 24, 1998, decision of the Hampton Wetlands Board directing the restoration of 2,150 square feet of wetland vegetation on his property adjacent to Herberts Creek in the City of Hampton.  

5. DAMERON PROPERTIES, L.C., #97-0072, requests authorization to construct 373 linear feet of timber replacement bulkhead two (2) feet channelward of an existing, deteriorated bulkhead and construct a 140-foot long by 6-foot wide open-pile marginal wharf at their commercial property at the confluence of Carter Cove and Carter Creek in Weems, Lancaster County. Continued from the December meeting.  

6. DAVID STEARNS, #98-1505. Commission review on appeal of the December 9, 1998, decision of the Norfolk Wetlands Board to deny a permit to construct and backfill a 95 linear foot section of replacement bulkhead adjacent to his property situated along the Lafayette River. 

7. CAPT. JOHN S. BEACH MARINA, #98-0990, requests authorization to replace five (5) existing fixed piers with a floating system creating 76 wetslips adjacent to their facility situated along the Occoquan River in Fairfax County. The project is protested by an adjacent property owner. 

Agenda
January 26, 1999
Page Two

8. OCEAN EAST OWNERS ASSOCIATION, INC., #98-1075, requests after-the-fact authorization to retain 187 linear feet of bulkhead which was constructed approximately two (2) feet channelward of an existing deteriorated bulkhead and encroaches on State-owned subaqueous bottom situated along Sheepshead Creek in Accomack County. 

9. OYSTER GROUND APPLICATION: Odis Cockrell applied for a half (0.550) acre oyster ground lease that is bounded on three sides by one of his leases on the Great Wicomico River. This a parcel for which both A. Jackson Booth and Odis Cockrell had previously applied. The controversy was initially heard by the Commission in January 1994. The Commission's decision at that time was not to lease the area to either party. Odis Cockrell again applied for this same parcel in October 1998. Mr. A. Jackson Booth remains adamantly opposed to the assignment. 

10. DISCUSSION: Commission consideration of the Draft Management Plan for the Ungranted State Lands in Accomack and Northampton Counties recommended by the Virginia Coastal Land Management Advisory Council. Request for public hearing. 

11. PUBLIC HEARING: Consideration of an increase in the James River Public Market Oyster Harvest quota. Amending Regulation 4 VAC 20-720-10 et. seq. 

12. PUBLIC HEARING: To consider proposed regulation to prohibit possession of bay scallops taken from Virginia waters. 

13. REQUEST from Tangier watermen for emergency oyster season extension. 

13. REPORT of the Pound Net-No Fishing Zone Committee. 

14. DISCUSSION: Consideration of 1999 Recreational Summer Flounder Measures for Public Hearing. 

Agenda
January 26, 1999
Page Three

15. DISCUSSION: Consideration of measures affecting the harvest of horseshoe crabs. Request for Public Hearing. 

16. Mr. Edward H. Bender's request to address the Commission in reference to the licensing of fixed fishing devices in the area of Sunset Beach in Northampton County, Virginia. 

17. PUBLIC COMMENTS. 

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE LAVERNE LEWIS (757) 247-2261 NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

FISHERY AGENDA ITEMS WILL BE CONSIDERED BY THE COMMISSION AT APPROXIMATELY 12:00 NOON AND WILL BE FOLLOWED WITH THE REMAINDER OF THE HABITAT PERMIT CASES. 

Agenda
January 26, 1999
Page Four

2A. HAMPTON YACHT CLUB, #98-1507, requests authorization to realign three (3) existing permitted concrete floating finger piers and replace 42 fixed timber wetslips and a 37-foot long by 27-foot wide timber deck totaling 5,236 square feet with concrete floating piers to accommodate 43 wetslips and a 37-foot wide by 32-foot concrete floating deck totaling 6,510 square feet. The renovation will require the dredging of 1,600 cubic yards of State-owned submerged bottom to the minus eight (8) foot contour. All dredged material will be transported to Craney Island for disposal. Recommend the assessment of a dredge royalty in the amount of $720.00 at $0.45 per cubic yard, and annual encroachment royalty of $325.50 at $0.05 per square foot. 

2B. LYNCHBURG DEPARTMENT OF PUBLIC WORKS, #98-2126, requests authorization to cross Blackwater Creek at eight (8) locations with aerial and submerged sanitary sewerlines. The 54-inch sewer line is designed to replace a 36-inch line and will cross a total of 148 linear feet of the creek near its confluence with Ivy Creek in the City of Lynchburg. Recommend approval with our standard in-stream construction conditions. 

2C. YORK RIVER YACHT HAVEN, #94-1293, requests reactivation and extension of their permit to reconstruct and renovate facilities at their existing marina. The remaining work involves the construction of a marine office building which will encroach into an existing boathouse and the renovation and expansion of an existing marine store encroaching over a total of 1,827 square feet of State-owned submerged land adjacent to their property along Sarah Creek in Gloucester County. 

2D. LYON SHIPYARD, #98-1289, requests authorization to install and backfill approximately 740 linear feet of steel sheetpile bulkhead adjacent to their facility situated along the Eastern Branch of the Elizabeth River in Norfolk. Recommend an annual royalty of $466.00 for the filling of 4,664 square feet of State-owned subaqueous land at a rate of $0.10 per square foot. 

2E. COLONNA YACHTS, #98-1985, requests authorization to construct two (2) 150-foot long by 15-foot long concrete travel lift piers adjacent to their facility situated along the Eastern Branch of the Elizabeth River in Norfolk. Recommend an annual royalty of $233.00 for encroachment over 4,650 square feet of State-owned subaqueous land at a rate of $0.05 per square foot. 

Agenda
January 26, 1999
Page Five
 

2F. COLONNA YACHTS, #98-2040, requests authorization to construct and backfill a 465-foot section of existing timber bulkhead with a steel sheetpile replacement bulkhead adjacent to their facility situated along the Eastern Branch of the Elizabeth River in Norfolk. Recommend an annual royalty in the amount of $140.00 for the filling of 1,395 square feet of State-owned subaqueous land at a rate of $0.10 per square foot. 

2G. U.S. ARMY CORPS OF ENGINEERS, #95-0432, requests authorization to place up to 120,000 cubic yards of dredge material per cycle, from the Metompkin Bay Channel of the Waterway on the Coast of Virginia (WCV) in the surf zone on the ocean side of Metompkin Island in Accomack County. Recommend a time-of-year restriction between April 1 and September 1 to avoid impacts to sensitive bird species in the area during this period. 

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