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COMMISSION AGENDA APRIL 24, 2007

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.    

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. U.S. ARMY PRESENTING AN AWARD TO COMMISSIONER BOWMAN FOR 
AGENCY'S WORK WITH RESERVES

5. DISCUSSION:
Commission action in response to Judge Norman Thomas' ruling in the case of Sarah Harrison v. Virginia Marine Resources Commission and Ronald W. Boone (Civil Action No: CL06-1664).

6. LAWNES POINT SERVICE COMPANY, #06-2324,
requests authorization to install a 6-inch treated wastewater outfall pipe and diffuser, to service a planned residential development, into Lawnes Creek, a tributary to the James River, in Isle of Wight County. The application is protested by a nearby oyster ground leaseholder.

7. FRED OBRECHT, #06-1725,
requests authorization to construct a 288-foot long by 5-foot wide L-shaped community pier to include a 53-foot long by 12-foot wide T-head and eight (8) finger piers adjacent to the Obrecht Subdivision proposed along Underhill Creek, a tributary of Pungoteague Creek in Accomack County. The community pier will be used to moor up to 18 community boats. The project is protested by nearby property owners. 

8. COASTAL DESIGN & CONSTRUCTION, INC., #06-2740,
requests authorization to install two (2) commercial mooring buoys in the Southwest Branch of the Severn River, approximately 600 feet channelward of the Broad Marsh area and approximately 1,200 feet southwest of the Severn Wharf Marina, in Gloucester County. The project is protested by two nearby property owners.

9. TRICOUNTY FARMS, INC., #05-2246,
requests authorization to construct 405 linear feet of 8-foot wide open-pile pier with attached wave baffles, finger piers and mooring piles to create 21 wetslips, a 75-foot long timber wave baffle near an existing travel lift, and to install 500 linear feet of pilings spaced 8 to 10 inches apart intended to protect the facilities from wave damage adjacent to their existing pier and travel lift facility situated along the Rappahannock River in Middlesex County.

10. VULCAN CONSTRUCTION MATERIALS, #07-0405,
requests authorization to construct a 4' wide by 65' long open-pile commercial pier with a 4' by 10' T-head and install two (2) 5-pile timber dolphins to facilitate the temporary mooring of tugboats calling on their existing quarry facility situated along the James River in the City of Richmond. Both wetlands and subaqueous permits are required.

11. YORK COUNTY, #06-1431,
requests authorization to replace the Allens Mill Road culvert crossing of West Chisman Creek to reduce roadway flooding in York County. The project is protested by a York County resident.

12. HARBOUR ON INDIAN CREEK, #06-1969,
requests authorization to install one (1) forklift-style boatlift and formal, after-the-fact authorization to retain a change from an approved four-slip T-head community pier to an L-head pier with three (3) four-foot wide finger piers, two (2) uncovered boatlifts, and a 12-foot by 10-foot floating dock adjacent to their residential development on Pitman's Cove off Indian Creek near Kilmarnock in Lancaster County. 

13. 3304, LLC, #06-2284,
requests after-the-fact authorization to retain a 22-slip commercial marina, including two (2) main floating piers with their associated pilings, finger piers, and access ramps, intended to replace a previously existing marina facility adjacent to their property situated along the Occoquan River in the Town of Occoquan, Prince William County. 

14. DISCUSSION:
Staff presentation on mean low water and how it is calculated and surveyed.

15. PUBLIC COMMENTS

16. PUBLIC HEARING:
Proposed amendments to Regulation 4VAC20-490. "Pertaining to Sharks," to establish a commercial trip limit of 3000 pounds for Spiny Dogfish for the May 1-April 30 fishing season.

17. PUBLIC HEARING:
Proposed amendments to Regulation 4VAC20-370,"Pertaining to the Culling of Crabs," and Regulation 4VAC20-752,"Pertaining to Blue Crab Sanctuaries," to repeal the prohibition on the harvest of dark colored sponge crabs and to extend the sanctuary from the mouth of Chesapeake Bay to the North Carolina line.

18. PUBLIC HEARING:
Proposed amendments to Regulation 4VAC20-900, "Pertaining to Horseshoe Crab," to define male horseshoe crab and to establish buyer permitting and reporting requirements.

19. PUBLIC HEARING:
Proposed amendments to Regulation 4VAC20-890, "Pertaining to Channeled Whelk," to repeal limits on the use of horseshoe crabs, define bait bag, establish buyer permits and reporting requirements, and increase the daily vessel trip limit to 120 bushels, when two conch pot licensees are on board the same vessel.

20. PUBLIC HEARING:
Proposed regulation for Sheepshead to establish a 4- fish recreational fishing possession limit and 500-pound commercial fishing possession limit.

21. PUBLIC HEARING:
Proposed regulations for Tilefish and Grouper to establish recreational and commercial possession limits.

22. JOHN E. BECKWITH:
Request to locate a new pound net near the mouth of Matchotank Creek on the Eastern Shore. The proposal is protested by recreational fishermen and others.

23. RECOMMENDATIONS OF THE RECREATIONAL FISHING ADVISORY BOARD 

24. BOB JENSEN:
Rappahannock Preservation Society Community Service Update: oysters and kids.

25. REQUEST FOR PUBLIC HEARING:
To establish recreational fishing limits for Tautog that are necessary for compliance with the ASMFC Tautog Fishery Management Plan.

26. REQUEST FOR PUBLIC HEARING:
To amend the recreational possession limit and commercial by-catch limit for Grey Trout.

27. REQUEST FOR EMERGENCY REGULATION AND PUBLIC HEARING:
To establish alternative methods for complying with certain summertime oyster harvest restrictions related to public health.

28. FAILURE TO REPORT HARVEST IN ACCORDANCE WITH REGULATION 4VAC20-610.

29. REPEAT OFFENDER


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

2A. CHERRYSTONE CAMPGROUND, #07-0355, requests authorization to remove three (3) existing campground piers and construct three new piers within the original footprints. The proposed piers will be 330 feet long by 6 feet wide, 404 feet long by 6 feet wide and 260 feet long by 6 feet wide respectfully and each will include 40-foot by 20-foot T-heads adjacent to the Cherrystone Campground property along Cherrystone Creek in Northampton County. The northern pier will also be used for the mooring of 16 (rental and registered guest) boats. Staff recommends a royalty of $19,854.00 for the encroachment over 13,236 square feet of State- owned submerged land at a rate of $1.50 per square foot. 

2B. COUNTY OF FRANKLIN, #07-0555,
requests authorization to construct a 12' wide by 80' long clearspan bridge across the Pigg River to facilitate pedestrian access to athletic fields at Waid Park in Franklin County.

2C. METRO MACHINE CORPORATION, #07-0271,
requests authorization to maintenance dredge approximately 21,000 cubic yards of State-owned submerged materials to restore maximum depths of -59 feet below mean low water to the 40,000 LT Dry Dock adjacent to their property situated at the confluence of the Eastern and Southern Branches of the Elizabeth River in Norfolk. 

2D. DEPARTMENT OF CONSERVATION AND RECREATION, #06-2936,
requests authorization to hydraulically maintenance dredge approximately 1,650 cubic yards of accumulated sediment to restore maximum depths of minus six (-6) feet below mean low water at the York River State Park Croaker Landing Boat Ramp in James City County.

2E. DOMINION TRANSMISSION INC., #07-0304,
requests authorization to install 50 linear feet of new 30-inch diameter natural gas pipeline a minimum of three feet below Tuscarora Creek in Leesburg in Loudoun County. Staff recommends a royalty of $150.00 for the encroachment under 50 linear feet of State-owned submerged lands at a rate of $3.00 per linear foot.

2F. NEWPORT NEWS SHIPBUILDING AND DRY DOCK CORP., #00-0583,
requests authorization to modify their previously authorized permit to dredge 18,942 cubic yards of State-owned submerged land to maximum depths of -25 feet below mean low water in the area of the demolished Pier 4 adjacent to their property situated along the James River in Newport News. Staff recommends a royalty of $8,523.90 for the new dredging of 18,942 cubic yards of State-owned subaqueous bottom at a rate of $0.45 per cubic yard. Staff also recommends mitigation for the dredging impact to approximately 4,675 clams by the planting of market size clams at a rate of 1.33:1, which equates to a total of 6,217 clams, within one year of the dredging. The planting shall be coordinated with VMRC fisheries staff.

2G. APPALACHIAN POWER COMPANY, #06-2379,
requests authorization to dredge approximately 2,000 cubic yards of State-owned subaqueous material from a 60-foot by 110-foot area, and to maintenance dredge approximately 2,000 cubic yards of State-owned subaqueous material from a second 60-foot by 110-foot area, and to conduct maintenance dredging in both areas on an as-needed basis, to create and maintain maximum controlling depths ranging between minus six (-6) and minus eighteen (-18) feet at ordinary high water, adjacent to the Glen Lyn Plant's intake screen house forebay situated along the New River in Giles County. Staff recommends a royalty in the amount of $900.00 for the new dredging of 2,000 cubic yards of State-owned subaqueous material at a rate of $0.45 per cubic yard.

2H. PHARRELL WILLIAMS, ET AL, #06-2644,
requests authorization to install approximately 462 linear feet of fiberglass bulkhead, aligned a maximum of 2 feet channelward of mean low water and a failing aluminum bulkhead, at his property in the Great Neck Point subdivision situated along Long Creek in Virginia Beach. Staff recommends a royalty of $760.00 for the filling of 760 square feet of State-owned submerged bottom at a rate of $1.00 per square foot.

2I. CHRISTCHURCH SCHOOLS IN DIOCESE OF VA., #07-0296,
requests authorization to construct an 8-foot wide by 325-foot long pier with a 96-foot by 18-foot pier-head, a 16-foot by 8-foot "testing platform", and two uncovered boatlifts adjacent to their property situated along the Rappahannock River in Middlesex County. Staff recommends a royalty in the amount of $4112.00 for the encroachment on 4112 square feet of State-owned submerged land at a rate of $1.00 per square foot. 

2J. LEWIS R. LITTLE, #06-2996,
requests authorization to construct a 34-foot by 35-foot open-sided dual slip boathouse roof adjacent to the applicant's property situated along the Pagan River at 1 Purdie Avenue in the town of Smithfield in Isle of Wight County.

2K. RIVERMONT ASSOCIATES, LLC, #06-2780,
requests authorization for multiple road crossings of Johnson Creek and un-named stream tributaries in conjunction with a proposed residential and commercial development in Chesterfield County. Recommend standard instream permit conditions and that no work be done between February 15 and June 30 of any year to protect andaromous fish species. Recommend a royalty of $2,310.00 for the encroachment over 1,540 square feet at a rate of $1.50 per square foot.

2L. RICHMOND REGION 2007, #07-0044,
requests authorization to add an additional 140 linear feet to the previously authorized 24-foot wide by 500-foot long floating causeway that the Commission approved on February 27, 2007. This temporary causeway (total length 640 linear feet) will be used to support the mooring of period vessels (Godspeed, Schooner Virginia, Kalmar Nyckel & Lady Maryland as well as the Pride of Baltimore) within the James River, adjacent to the City of Richmond Intermediate Terminal (3101 Water Street), in May 2007as part of the Jamestown 2007 celebration.


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 (757-247-2200) 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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