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COMMISSION AGENDA JULY 22, 2003

1. MINUTES of previous meeting.

** APPROVAL OF MINUTES.

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

3. EXECUTIVE SESSION.

4. CHRISTOPHER PRIOR, #03-0816, Commission review on appeal of the May 21, 2003, decision by the Northampton County Wetlands and Dunes Board to deny a permit to construct and backfill 400 linear feet of bulkhead and four 48-foot long groins at his property situated along the Chesapeake Bay in the Church Neck area of Northampton County.

5. PATRICIA JAGGERS, #03-0951, requests authorization to install 90 linear feet of quarry stone riprap in front of a failing, timber bulkhead at her property on the Rappahannock River in Lancaster County. The project is protested by an adjacent property owner.

6. K.E. POTH FAMILY, L.L.C., #03-0128, requests authorization to construct a concrete community boat ramp and tending pier, for use by the property owners and guests of the Safe Harbor Landing Subdivision, adjacent to community property (lot number 38) along Gardner Creek in Westmoreland County. The project is protested by nearby property owners.

7. THE MT. HOLLY STEAMBOAT INN, #02-0668, requests after-the-fact authorization for modification to a previously permitted commercial pier adjacent to their property situated along Nomini Creek in Westmoreland County. The project is protested by nearby property owners.

8. JAMES CITY SERVICE AUTHORITY, #03-0391, requests authorization to install, by directional drill method, a 12-inch non-potable water pipeline beneath Powhatan Creek, and a discharge outfall pipe extending up to 243 feet into the James River in conjunction with a proposed James City County Service Authority groundwater treatment facility. The project is protest by an adjoining property owner.

9. RAMONA H. EDDINS, #03-0544, requests authorization to mechanically dredge accumulated alluvial material, on an as-needed basis, not to exceed 25 cubic yards per cycle from an existing 990 square foot baptismal pool located approximately 1,400 feet downstream of the VDOT Route 230 bridge at her property situated at the boundary of Greene and Madison Counties. The project is protested by an adjacent property owner.

10. DISCUSSION: Commission consideration of a definition of water dependent projects. 

11. DISCUSSION: Commission consideration of staff guidelines to be used in evaluating private piers as a result of Ch 973 Acts 2003.

12. PUBLIC COMMENTS

13. Public Hearing: Request to amend Regulation 4VAC 20-752-10 et seq., to replace an inaccurate longitudinal coordinate associated with the Virginia Blue Crab Sanctuary boundary line.

14. Final Decision: Proposed amendment to Regulation 4 VAC 20-1070-10 et seq., to provide management requirements for the haul seine fishery, in response to HB2239 which modified the definition of a haul seine.

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

2A. NAVY PUBLIC WORKS CENTER, #03-1054, requests authorization to install a mooring buoy at 36 58' 54" North Latitude, 76 20' 04" West Longitude for the purposes of training exercises in Hampton Roads Harbor near the Norfolk Harbor Entrance Reach in Norfolk. 

2B. CITY OF NORFOLK, #03-1341, requests authorization to construct three 229-foot long by 35.5-foot wide stone breakwaters and 112,400 cubic yards of beach nourishment adjacent to property situated along the Chesapeake Bay in Norfolk. 

2C. DEPARTMENT OF THE NAVY, #03-0861, requests authorization to nourish approximately 9,280 linear feet of beach at the Dam Neck facility in Virginia Beach by placing approximately 700,000 cubic yards of beach quality sand obtained from a borrow source located outside of Virginia's Territorial Sea.

2D. JTR, LLC, #02-1227, requests re-issuance of a previously approved permit (#88-0086) for the construction of 477 linear feet of fixed and floating piers and a 5,000 square foot restaurant on pilings adjacent to their property situated along Little Neck Creek in Virginia Beach. Recommend approval with an annual royalty in the amount of $577.20 for the encroachment of the restaurant and piers over 5,772 square feet of State-owned submerged land at $0.10 per square foot.

2E. KOCH REFINING COMPANY, LP, #98-0830, requests an extension, for a period of five years, of their existing permit which authorizes the maintenance dredging of up to 34,000 cubic yards of State-owned subaqueous material, annually, on an as-needed basis, adjacent to their facility situated along the James River in the City of Newport News. A previous permit condition required the planting of 37,000 market size clams at the Middle Ground Light Broodstock Management Area. Since no dredging has taken place, the planting was never completed. Recommend approval with the condition that no dredging take place until the required clam planting is completed. All dredged material to be placed within the Craney Island disposal site.

2F. VIRGINIA DEPARTMENT OF CORRECTIONS, #02-2288, requests authorization to construct a 578-foot, 2 mgd raw water intake structure, which will extend approximately 172 feet beyond the existing stream bank with associated withdrawal pipe, which will require the excavation of 73 cubic yards of State-owned submerged lands adjacent to property situated along the James River in Goochland County. Recommend a construction time-of-year restriction between March 15 through July 31 to protect spawning aquatic resources.

2G. VIRGINIA INSTITUTE OF MARINE SCIENCE, #03-0843, requests authorization to deploy a variety of submerged data collection instruments within a 300-foot by 480-foot area south of the Institute's "Ferry Pier" along the York River in Gloucester County. An instrumentation buoy is proposed to be deployed at 37 14' 40" North Latitude and 76 30' 02" West Longitude and a three-inch cable is proposed to run along approximately 600 feet of submerged bottom to connect all instruments with the Ferry Pier. With the exception of the buoy, the instruments will extend no higher than four (4) feet above the substrate. The three-inch data cable is proposed to cross approximately 100 linear feet of Public Ground Number 27.

2H. TAZEWELL COUNTY, #03-0957, requests re-issuance of a previously approved permit (VMRC# 99-0694) for the construction of a 68-foot long by 34-foot wide concrete bridge with support pier across the Bluestone River immediately south of the intersection of State Routes 720 and 818 in Tazewell County. Recommend approval with our standard instream permit conditions.

2I. COLONNA'S SHIPYARD, INC., #98-0550, requests a modification of their permit to allow the maintenance dredging, on an as-needed basis, of up to 20,000 cubic yards of material in Drydock #1, Slip #5 and Marine Railway #4 to varying depths of -11 feet at mean low water to -55 feet at mean low water at their commercial facility on the Eastern Branch of the Elizabeth River in Norfolk. Recommend approval for a five-year (5) period, with all terms and conditions of the original permit to remain in effect.

2J. BOB BRAGG, #99-0374, requests reactivation and extension of his permit to construct four (4) open-pile community piers with associated finger piers and mooring piles to create 24 wet slips to serve a planned residential development along Pitmans Cove near the Town of Kilmarnock in Lancaster County. Recommend approval with a three-year extension and all terms and conditions of the permit to remain in effect.

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.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE CALL (757) 247-2200 NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

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