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COMMISSION AGENDA April 28, 1998

1. MINUTES of previous meeting.

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

3. BARRY SWANSON, #97-1345, requests authorization to construct a 31-foot long by 15-foot wide private, non-commercial open-sided cover for an existing lift and a 76 square foot octagonal gazebo on an existing pier at his property situated along Patricks Creek in York County. The project is protested by an adjoining property owner.

4. PRINCE WILLIAM MARINE, INC., #98-0234, requests authorization to replace 570 linear feet of timber bulkhead with 572 linear feet of steel sheet pile bulkhead adjacent to an unnamed island owned in common by the Commonwealth of Virginia and located in the Occoquan River opposite Riverview and Prince William Marinas in Prince William County. Wetlands and subaqueous permits are required.

5. PUBLIC HEARING: Reconsideration and adoption of proposed regulation entitled "General Wetlands Permit for Emergency Situations" 4 VAC 20-345-10 et. seq.

6. DISCUSSION: Briefing and request for public hearing on "General Wetlands Permit for Emergency Situations and Water Quality Improvement Projects Involving State-owned Subaqueous Beds in Non-tidal Waterways" (4 VAC 20-395-10 et. seq.).

7. Applications for Oyster Planting Ground received on the same day from Blanche and Leon Edwards and Purcell Seafood, Inc. A decision of "order received" based solely on postmark as specified in 28.2-605 of the Code is contested.

8. PUBLIC HEARING: Consideration of proposed amendment to Regulation 4 VAC 20- 560-10 et.seq., "Pertaining to the York River, Poquoson River, Back River, Newport News Shellfish Management Areas and the James River Broodstock Management Area. The amendment creates the Middleground Light Shellfish Management area.

Final Agenda
April 28, 1998
Page Two

9. PUBLIC HEARING: Consideration of Proposed Amendments to Regulation 4 VAC 20-880-10 et. seq., "Pertaining to Hard Crab and Peeler Pot License Sales." The amendments eliminated the granting of licenses by exception and allows certain licensees to upgrade from a 100 pot license to a 300 pot license.

10. CONSIDERATION of appeals of crab pot license denials.

11. FAILURE to report commercial harvests.

 

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.

Final Agenda
April 28, 1998
Page Three

2A. LYNCHBURG DEPARTMENT OF PUBLIC WORKS, #98-0154, requests authorization to cross a total of 68 linear feet of Blackwater Creek at eight sites with 18-inch and 36-inch aerial and submerged sewer lines in conjunction with a sewer line replacement project near the intersection of U.S. 501 Bus. and U.S. 29 Bus. in the City of Lynchburg. Recommend inclusion of our standard instream construction conditions.

2B. NAVAL SURFACE WARFARE CENTER, #97-2057, requests authorization to install a seven (7) pile dolphin and four (4) fender piles and to cap and encase in concrete 200 linear feet of breakwater and pier adjacent to the Center situated along Machodoc Creek in King George County.

2C. CITY OF HARRISONBURG, #96-1732, requests authorization to construct four (4) submerged utility crossings of the Dry River, measuring 48 feet, 64 feet and 105 feet respectively, and similar 24-foot utility crossings of Rocky Run to upgrade and increase the raw water withdrawal capacity for the City. Staff recommends the applicant retrofit the raw water intake pipes with two millimeter mesh screens to reduce the potential for entrainment of juvenile fish.

2D. MID-ATLANTIC TERMINALS, #98-0300, requests authorization to dredge approximately 20,000 cubic yards of State-owned subaqueous land to provide maximum depths of -40 feet at mean low water adjacent to Peck Iron and Metal situated on the Southern Branch of the Elizabeth River in the City of Chesapeake. All dredged material will be transported to Craney Island for disposal. Recommend a royalty in the amount of $6,000 for the dredging at a rate of $0.30 per cubic yard.

2F. UNITED WINNER METALS, #97-2055, requests authorization to install and backfill approximately 5,950 square feet of State-owned bottom, construct approximately 400 linear feet of steel sheetpile bulkhead, construct an adjacent 250-foot by 64-foot crane barge, install two (2) new mooring dolphins, relocate one (1) 16-foot by 13-foot mooring dolphin, install one (1) 120-foot catwalk with a 30-foot by 15-foot platform and dredge approximately 60,000 cubic yards of State-owned bottom (of which 51,700 cubic yards is considered maintenance) adjacent to their facility situated on the Southern Branch of the Elizabeth River in the City of Chesapeake. This work is largely to comply with a Consent Decree issued by the U.S. Department of Justice. All dredged material shall be transported to Craney Island for disposal. Recommend a royalty of $13,930.00 for the encroachment over 10,980 square feet of State-owned subaqueous land at a rate of $0.50 per square foot, the filling of 5,950 square feet of State-owned subaqueous land at a rate of $1.00 per square foot, and the dredging of 8,300 cubic yards of State-owned subaqueous land at a rate of $0.30 per cubic yard.

Final Agenda
April 28, 1998
Page Four

2G. CONSERVATION AND REPLETION, #98-0033, requests authorization to construct a 500-foot long by 60-foot wide oyster reef at 36o 51' 17" N/ 76o 20' 48" W (just west of the Route 164 Western Freeway Bridge) and to install four (4) associated obstruction buoys and two (2) obstruction markers in the Western Branch of the Elizabeth River in the City of Portsmouth.

2H. ASSOCIATED NAVAL ARCHITECTS, INC., #98-0062, requests authorization to demolish an existing outfitting pier, construct a new 225-foot long commercial pier with eight (8) associated mooring dolphins, and to install approximately 143 linear feet of sheetpile bulkhead with associated backfill adjacent to their facility situated on the Western Branch of the Elizabeth River in the City of Portsmouth. Recommend a royalty in the amount of $171.50 for the encroachment over 343 square feet of State-owned subaqueous land at a rate of $0.50 per square foot.

2I. CITY OF NEWPORT NEWS, #98-0411, requests authorization to modify an existing commercial pier by extending and widening the deck to a total size of 850 feet by 40 feet, to install a 289-foot by 3-foot walkway, to widen five (5) existing mooring dolphins and to add one (1) additional dolphin, to install approximately 620 linear feet of steel bulkhead and to dredge approximately 100,000 cubic yards of subaqueous land (of which 55,000 cubic yards is considered maintenance dredging) adjacent to their facility situated on the James River. All dredged spoil will be transported to Craney Island for disposal. Recommend hard clam mitigation at a rate of 1:1 of market size clams to the recently approved Middle Ground Light hard clam sanctuary based on the survey results of VMRC's M/V Baylor.

2J. SKIMINO DEVELOPMENT COMPANY L.L.C., #97-1781, requests authorization to construct 550 linear feet of elevated Walkway and a 50-foot boatramp adjacent to property situated along Skimino Creek in York County.

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