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COMMISSION AGENDA MAY 25, 2004

1. MINUTES of previous meeting.

** APPROVAL OF AGENDA.

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

3.    CLOSED SESSION.

4.    WILLIAM McDONOUGH, #02-1839.  Restoration hearing to consider the unauthorized construction of 83 linear feet of replacement vinyl bulkhead aligned up to five and one-half (5.5) feet channelward of an existing bulkhead and three and one-half (3.5) feet farther than that permitted at his property situated along Chincoteague Channel.  The VMRC permit authorized the construction of a 64-foot long vinyl replacement bulkhead, aligned a maximum of two (2) feet channelward of the deteriorating bulkhead.

5.    NORFOLK YACHT AND COUNTRY CLUB, #03-2469, requests authorization to construct a 51-foot long by 15-foot wide open-pile commercial pier with a 78-foot by 78-foot pier head to support a 58-foot by 58-foot  8,668 square foot two-story building over State-owned subaqueous bottom for use as a sailing center at their property situated along the Lafayette River in Norfolk.

6.    STAFFORD COUNTY BOARD OF SUPERVISORS, #99-2064, requests authorization to install a 40 mgd water intake structure that will impact up to 3,750 square feet of State-owned subaqueous bottomland within the Rappahannock River in Stafford County.

7.    TOWN OF COLONIAL BEACH, ET AL, #02-1950,  requests after-the-fact authorization to retain an open-pile pier with a 27-foot by 10-foot L-head, extending 35 feet channelward of mean high water adjacent to Monroe Bay for the exclusive private, noncommercial use of the property owners of 912 Monroe Bay Avenue in the Town of Colonial Beach.

8.    PUBLIC COMMENTS

9.    PUBLIC HEARING:  Request to incorporate emergency amendments that adjusted 2004 trip limits for spiny dogfish into Regulation 4 VAC 20-490-10 et seq.

10.    Additional discussion and recommendations from the CMAC on replacing the current ban on possessing dark-colored (late-stage) sponge crabs with a short-term ban on the possession of any sponge crabs. A public hearing was held last month.

11.    DISCUSSION:  Review of FMAC recommendations on allowing exceptions to limited fisheries.

12.    Recommendations of the Recreational Fishing Advisory Board.


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

2A.    ARMY CORPS OF ENGINEERS, #04-0038, requests authorization to hydraulically place approximately 7,500 cubic yards of sandy dredged material, per dredge cycle, from the Narrows channel in Virginia Beach, on a previously used site along 1,000 linear feet of the First Landing Seashore State Park shoreline in Virginia Beach.

2B.    NORFOLK SOUTHERN RAILWAY, #04-0333, requests authorization to reconstruct four (4) railroad trestle crossings of the North Fork Clinch River to increase stream channel openings and eliminate track washouts near the community of Jasper in Lee County.  Recommend standard instream permit conditions and an encroachment royalty of  $448.00 for the encroachment over 448 square feet of State-owned subaqueous land at a rate of $1.00 per square foot.

2C.    HENRY COUNTY PUBLIC SERVICE AUTHORITY, #03-2332, requests authorization to install a sanitary sewer line beneath Blackberry Creek and its tributaries at 39 locations in Henry County.  Recommend our standard instream construction conditions.

2D.    VIRGINIA DEPARTMENT OF TRANSPORTATION, #03-1612, requests authorization to modify an existing permit to bury 220 feet of electric cables and a 2-inch waterline beneath the Pamunkey River between the proposed opening bridge piers; replace two (2) proposed mooring buoys with four (4) 7-pile mooring dolphins located in the Pamunkey River and replace one (1) proposed mooring buoy with four (4) 7-pile mooring dolphins located in the Mattaponi River; remove an existing culvert and restore West Point Creek to existing contours; bury a 12-inch water main and a 20-inch sewer force main beneath West Point Creek and relocate an existing submerged sewer outfall to be located 215 feet from the shoreline in the Mattaponi River.

2E.    COUNTY OF ALLEGHANY, #04-0960, requests authorization to install, by trenching, a new 120 foot long sewer force main crossing under the Jackson River in Alleghany County.  Recommends our standard instream construction conditions.

2F.    CITY OF NORFOLK, #04-0356, request authorization to modify their previously Commission authorized permit to include the dredging of 550,000 cubic yards of State-owned submerged lands from the Thimble Shoals Federal Navigation Channel to maximum depths of -58 feet below mean low water for the purposes of obtaining material for beach nourishment purposes in Norfolk.  Recommend a post dredge bathymetric survey be required.

2G.    VIRGINIA DEPARTMENT OF TRANSPORTATION, #00-0899, requests a modification to an existing permit to authorize the temporary placement of 140 Submerged Aquatic Vegetation (SAV) seed deployment buoys on 25-foot centers within a previously authorized two-acre mitigation area in Judith Sound in Northumberland County.  The buoys (i.e. crab pot floats) will be in place for a maximum of four (4) weeks and are intended to satisfy the Department of Environmental Quality and Army Corps of Engineers SAV compensation requirements associated with the Woodrow Wilson Bridge replacement project in the City of Alexandria.

2H.    HENRICO COUNTY DIVISION OF RECREATION AND PARKS, #03-2572,  requests authorization to install a 36-inch by 30-foot long concrete culvert, two pedestrian bridges, and to remove three derelict vessels at an unnamed tributary of, and along the James River, at Osborne Park in Henrico County.  Staff recommends a time-of-year restriction on any work within the James River between February 15 through June 30 to protect anadromous fish species.

2I.    VIRGINIA BEACH FISHING PIER, #00-2079, requests reactivation and extension of their permit which authorized the construction of a 200-foot long by 21-foot wide extension to an existing commercial fishing pier situated along the oceanfront at 15th Street in Virginia Beach.

2J.    VIRGINIA INSTITUTE OF MARINE SCIENCE, #04-1155, requests authorization to conduct experimental submerged aquatic vegetation restoration projects in the Piankatank River and on the seaside of the Eastern Shore in South Bay and Cobb Bay.  Four-foot long mesh bags, containing eelgrass reproductive shoots, will be tied to anchored floats at a density of approximately 30 bags per acre (about 33 feet apart) and located in waters less than three (3) feet deep at mean low water.  The bags will be deployed at three (3) sites in the Piankatank River totaling 30 acres.  Two (2) sites are along the southern shoreline between Queens Creek and Burtons Point and between Iron Point and Cobbs Creek in Mathews County.  A third Piankatank River site is located on the northern shore between Healy Creek and Fishing Bay in Middlesex County. A similar number of bags will be deployed on six (6) five-acre areas in South Bay and Cobbs Bay on the Seaside of the Eastern Shore in Northampton County.  The Burton's Pointe site will be located on additional Public Ground (§ 28.2-642).  The Eastern Shore sites will be located on Public Ground 13 and 26 and within an area set aside by the Commission in 2003 for VIMS' SAV restoration activities.  The bags and associated anchored floats are to be deployed approximately June 1 and will remain in the water between three (3) and four (4) weeks to allow for the seeds to be released from the shoots.  Recommend approval pending expiration of the public comment period on June 1, 2004.

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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