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 (if necessary).
4. BRAD BANGEL, #98-0462. Show Cause hearing to determine Mr. Bangel's and Mr. Bruce Exum, Sr.'s (agent/contractor) degree of responsibility for the failure to obtain the necessary permit to construct and backfill 281 linear feet of bulkhead adjacent to his property situated along the Lafayette River in the City of Norfolk.
5. GUY L. IRELAND, #91-0274. Show Cause hearing to determine Mr. Ireland's and Mr. Bruce Exum, Sr.'s (agent/contractor) degree of responsibility for a violation of his previously issued permit to construct a 180-foot long by 5-foot wide pier adjacent to his property situated along the Eastern Branch of the Elizabeth River in the City of Norfolk.
6. WILLIAM E. INSLEY, JR., #98-0440, requests after-the-fact authorization to retain a 61-foot long by 5-foot wide extension of a previously authorized commercial pier and a 622-foot long by 5-foot wide extension of a previously authorized commercial pier adjacent to the Islander Marina situated along White House Cove in the City of Poquoson. The project is protested by adjacent property owners, an oyster planting ground leaseholder and residents in the vicinity.
7. U.S. ARMY CORPS OF ENGINEERS, #98-0665, requests authorization to place up to 3,000,000 cubic yards of dredged material per year in the James River at four (4) overboard placement sites between Hog Island and Hopewell in association with the annual maintenance dredging of the James River Federal Navigation Project Channel. Portions of the project are protested by several residents along the river and a private tour boat operator.
8. DON SMITH, SR., ET AL, #98-1990, requests authorization to hydraulically dredge 5,268 cubic yards of bottom material, of which approximately 1,206 cubic yards is State-owned subaqueous material, to create 853 linear feet of navigable channel possessing an average project depth of minus four (-4) feet at mean low water with a tolerance of plus or minus one (1) foot at their properties situated along Old Donation Creek in the City of Virginia Beach.
APRIL 27, 1999
9. COLONIAL BEACH YACHT CENTER, #98-0335, requests authorization to dredge 1,000 cubic yards of subaqueous bottom material and to repair and expand existing marina facilities to include 34 additional wetslips adjacent to their property situated along Monroe Bay at Colonial Beach in Westmoreland County. The project is protested by an oyster ground leaseholder.
10. PORT KINSALE MARINA, INC., #98-1974, requests authorization to construct a 108-foot long by 94-foot wide commercial boathouse and reconfigure two (2) existing fixed piers to create 23 additional wetslips at their facility situated along the West Yeocomico River in Westmoreland County. The project is protested by area residents and an adjacent property owner.
11. LOUIS GOODWIN, #98-2242, requests authorization to construct an 18-foot by 20-foot private road crossing of Overstreet Creek to provide improved vehicular access to his property located along State Route 640 near Curtis in Bedford County. The project is protested by several nearby property owners.
12. OYSTER GROUND APPLICATION: Odis B. Cockrell and A. Jackson Booth have reached an agreement concerning the application that was heard in January 99, in the Great Wicomico River.
13. OYSTER GROUND APPLICATIONS:
Russell B. Davis Application 99-018 220.00 Acres
Russell Patton Davis Application 99-019 125.00 Acres
Eileen Boush Davis Application 99-020 220.00 Acres
Three applications from the same family, all located in the Pagan River, Isle of Wight County. Protested by the Town of Smithfield and several individuals.
14. OYSTER GROUND APPLICATION FOR REASSIGNMENT: Donald Fitchett has requested reinstatement of Lease Number 11552 for 31.70 acres of Oyster Planting Ground. The lease was not renewed in September 1998 because it had not been worked.
15. PUBLIC HEARING: To consider amending Regulation 4 VAC 20-720-20 et. seq., "Pertaining to Restrictions on Oyster Harvest." The proposed amendment will require that aquacultural operations on Seaside Eastern Shore obtain a harvest permit, and with this permit be exempt from all other regulations pertaining to wild oyster stock.
16. BLUE CRAB FISHERY: Status of the Resource; updates on the fishery; review of the 11 point management plan; report of the ad hoc panel reviewing the license exemption process; comments from the public.
APRIL 27, 1999
17. REPEAT OFFENDER.
18. PUBLIC HEARING: Consideration of amendments to Regulation 4 VAC 20-252, "Pertaining to Striped Bass", Regulation 4 VAC 20-751, "Pertaining to the Setting and Mesh Size of Gill Nets", and Regulation 4 VAC 20-995, "Pertaining to Commercial Hook-and-Line Fishing to adjust spring striped bass fishing restrictions, clarify rules for the commercial hook-and-line fishery, and establish a minimum tag quantity for transfers under the ITQ program.
19. PUBLIC HEARING: Consideration of increasing the elver harvest quota of Anguilla Culture Technology, Inc. from 1300 pounds to 2000 pounds.
20. PUBLIC HEARING: Consideration of amendments to Regulation 4 VAC 20-900-10 et. seq., "Pertaining to Horseshoe Crabs" to prohibit the harvest of horseshoe crabs by dredge from May 1 to June 7 and to consider several habitat restoration measures.
21. PUBLIC HEARING: Consideration of amendments to Regulation 4 VAC 20-430-10 et seq., "Pertaining to the Marking and Minimum Mesh Size of Gill Nets," to exempt the river herring fishery from the 2 7/8 inch minimum gill net mesh size requirement and establish a 2 inch minimum mesh for that fishery.
22. DISCUSSION: Request for public hearing pertaining to amendments to Regulation 4 VAC 20-80-10 et seq., "Pertaining to the Setting of Fishing Devices Proximate to the Chesapeake Bay Bridge-Tunnel. The amendments are needed to address fishing adjacent to the new second span of the bridges.
23. 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.
APRIL 27, 1999
2A. U.S. ARMY CORPS OF ENGINEERS, #98-2179, requests authorization to hydraulically place approximately 60,000 cubic yards of dredged material, per dredge cycle, from the maintenance dredging of the Hog Neck Creek to Hog Creek section of the Coast of Virginia (WCV) Federal Navigation Project Channel into the surf zone of the Atlantic Ocean along the south end of Wallops Island in Accomack County. Recommend a time-of-year restriction between March 1 and September 30 to avoid impacts to sensitive bird species in the area.
2B. U.S. ARMY CORPS OF ENGINEERS, #94-0035, requests authorization to reactivate and extend to April 30, 2002, their previously issued permit to fill 3,500 square feet of State-owned subaqueous land associated with the relocation of utilities and the construction of a five-lane bottomless culvert bridge at the Battlefield Boulevard crossing of the Southern Branch of the Elizabeth River in the City of Chesapeake.
2C. CONSERVATION AND REPLENISHMENT DIVISION, #99-0195, requests authorization to construct two (2) 60-foot wide by 500-foot long intertidal oyster shell reefs in Mathews County. One of the reefs is proposed for the East River at 37E 22' 34" N latitude, 76E 20' 39" W longitude, approximately 600 feet east of the Town of Mobjack. The other reef is proposed at 37E 25' 25" N latitude, 76E 26' 49" W longitude, approximately 1,000 feet west of Cradle Point in the North River.
2D. CONSERVATION AND REPLENISHMENT DIVISION, #99-0250, requests authorization to construct a 400-foot by 60-foot intertidal oyster reef sanctuary at 37E 16' 31" N latitude, 76E 35' 07" W longitude, and to install four (4) associated obstruction buoys at the convergence of Kings and Felgates Creek in York County.
2E. CONSERVATION AND REPLENISHMENT DIVISION, #99-0194, requests authorization to construct 60-foot wide by 500-foot long intertidal oyster shell reef along the edge of a shallow bar located at 37E 24' 22" N latitude, 76E 26' 48" W longitude inshore of red channel marker number six near Jarvis Point in the Ware River in Gloucester County.
2F. CONSERVATION AND REPLENISHMENT DIVISION, #99-0305, requests authorization to construct two (2) 400-foot long by 60-foot wide oyster reef sanctuaries in the Lafayette River in the City of Norfolk, the first being located immediately east the Hampton Boulevard Bridge at 36E 54' 14" N latitude and 76E 18' 06" W longitude, and the second being located immediately east of Tanner's Point at 36E 54' 12" N latitude and 76E 19' 15" W.
APRIL 27, 1999
2G. NAVAL FACILITIES ENGINEERING COMMAND, #99-0370, requests authorization to demolish and replace the south berth, south access trestle of Pier R3 and replace three (3) dilapidated boathouses associated with the pier with one new structure at Yorktown Naval Weapons Station on the York River in York County.
2H. WILLIAMS COMMUNICATION, #99-0186, requests authorization to install a fiber optic cable along numerous State routes crossing Bull Run and Cub Run in Fairfax and Prince William Counties. Recommend a royalty of $241.00 for the encroachment over 241 linear feet of State-owned subaqueous bottom at a rate of $1.00 per linear foot.
2I. COSCAN BROOKFIELD HOMES, #98-1760, requests authorization to construct a 40-foot Conspan7 unit road crossing over Broad Run in association with the extension of Sudley Manor Drive in Prince William County. Recommend an annual royalty in the amount of $660.00 for the encroachment over 6,600 square feet of State-owned subaqueous bottom at a rate of $0.10 per square foot.
2J. COLONNA YACHTS, #98-1984, requests authorization to construct and backfill a 130 linear feet if steel sheetpile bulkhead across an existing marine railway slip at their facility situated along the Eastern Branch of the Elizabeth River in the City of Norfolk. Recommend an annual royalty in the amount of $1,760.00 for the filling of 8,800 square feet of State-owned subaqueous bottom at a rate of $0.20 per square foot.