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AGENDA august 28, 2012

**APPROVAL OF AGENDA.  

1.  MINUTES of previous meeting. 

2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).

3.  CONSENT AGENDA ITEMS.

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.

5.  WAYNE and CONNIE MAYTON, #12-0612, request authorization to install a 12-foot by 80-foot concrete boat ramp extending up to 20 feet channelward of mean low water and impacting approximately 480 square feet of jurisdictional beach at their property situated along the James River, at 399 Villa Road within the Town of Claremont in Surry County.  This project requires a subaqueous permit and a Coastal Primary Sand Dune and Beaches permit.

6.  PER PROPERTIES, #12-0592, requests authorization to install a bulkhead, mooring dolphins and pilings, and to mechanically dredge 118,039 cubic yards of State-owned submerged land during the initial cycle, and to maintenance dredge approximately 15,900 cubic yards during subsequent cycles on an as-needed basis, for the construction of a grain terminal at 3991 Elm Avenue situated on the Southern Branch of the Elizabeth River in the City of Portsmouth.  The project requires a subaqueous permit and a Coastal Primary Sand Dune and Beaches permit.  The project is protested by an adjacent property owner.

7.  ROBERT ‘TRAY' IRBY, Notice to Comply #12-01.  Commission review of violations of Chapter 12 and Chapter 13 of Title 28.2 of the Code of Virginia, specifically the unauthorized installation of concrete riprap material on State-owned submerged bottom and non-vegetated tidal wetlands at property situated along the James River at 1519 Rustling Cedar Lane in Henrico County.

8.   MARC E. BROWN, 2012-011, requests authorization to lease up to 18 acres of oyster planting grounds at the confluence of the Pagan River and James River adjacent to the Pagan River channel in Isle of Wight County.  The project is protested by an adjacent leaseholder. This matter is continued from the June 26, 2012, Commission meeting.

9.  BLUFF POINT HOLDINGS, LLC, 2011-067, requests authorization to lease up to 250 acres of oyster planting grounds within Barnes Creek in Northumberland County.  The application is protested by numerous residents, other leaseholders, and the Chesapeake Bay Foundation.

10.  PUBLIC COMMENTS.

11.  OYSTER FISHERY PUBLIC HEARINGS:  (1) Proposed amendments to Chapter 4VAC20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to establish the 2012-2013 harvest seasons; (2) Proposed amendment to Chapter 4VAC20-260-10 et seq., "Pertaining to Designation of Seed and Clean Cull Areas," to modify oyster culling procedures; and (3) Proposed amendment of Chapter 4VAC20-560-10 et seq., "Pertaining to Shellfish Management Areas," to close the York River Shellfish Management Area. 

12.  PUBLIC HEARING LOBSTER:  Proposal to establish regulations for American lobsters landed in Virginia, in accordance with requirements of the Atlantic States Marine Fisheries Commission to achieve a 10% reduction in lobster landings from the southern New England lobster stock. 

13.  PUBLIC HEARING STRIPED BASS:  Proposed amendments to Chapter 4VAC20-252-10 et seq., "Pertaining to the Taking of Striped Bass," to allow the recreational harvest of striped bass by spear fishing. 

PAGE 2 ITEMS (Projects over $500,000 with no objections and with staff recommendation for approval).

2A.  CITY OF NORFOLK, #12-0281, requests authorization to dredge approximately 19,700 cubic yards of State-owned subaqueous material to achieve maximum navigable depths of minus five (-5) feet mean low water, and to maintenance dredge approximately 10,000 cubic yards on an as-needed basis, and to install either fixed or floating buoy channel markers within Edgewater Haven in the City of Norfolk.  Dredged material will barged to the Craney Island Dredged Material Management Area (CIDMMA) for disposal. 

2B.  COLUMBIA GAS OF VIRGINIA, #12-0606, requests authorization to dredge 23,573 cubic yards of State-owned submerged land during a one-time dredging event and to restore the site to its pre-dredge bathymetry with certified clean sand to complete the environmental remediation of the former manufactured gas plant (MGP) site adjacent to the Swimming Point neighborhood situated on the Elizabeth River in Portsmouth.  Dredged material will be barged to Port Weanack at Shirley Plantation, offloaded onto trucks, and transferred to the Charles City landfill for disposal.  Staff recommends approval Staff recommends approval with a one-time royalty payment of $4,714.60 for the dredging of 23,573 cubic yards of material at a rate of $0.20 per cubic yard.

2C.  AT&T CORP., #12-0991, requests authorization to directional drill under the Potomac River at a minimum depth of 50 feet below the stream bottom to install a utility conduit which will surface a minimum 100 feet landward of the shore of The Potomac River within the Dahlgren Wayside Park in King George County. 

2D. AT&T CORP., #12-0390, requests authorization to replace an existing fiber optic communication cable within existing conduit along a 60 mile route which will pass through various counties and cross under Upper Machodoc Creek and its tributaries, the Rappahannock River, Goldenvale Creek, Mill Creek, Marascosic Creek, the Mattaponi River, Polecat Creek, Reedy Creek, Mechumps Creek, Stoney Run, the Chickahominy River and Upham Brook.  Due to the condition of the conduit in the Pamunkey River, a new approximately 710-foot conduit will be directionally bored under the river which will connect with the remainder of the existing conduit along the route.  Staff recommends approval with standard E & S control measures and a royalty of $19,656.00 for the encroachment over 6,552 linear feet of State-owned submerged lands at a rate of $3.00 per linear foot.


PAGE 3 ITEMS

3A.  DOUGLAS CLARK, #12-0801, requests after-the-fact authorization to retain a previously installed 194 linear foot rip rap revetment along Brewers Creek, a tributary to Chuckatuck Creek at his property located at 21311 Brewers Farm Lane, Carrollton, in Isle of Wight County.  The applicant has agreed to a triple permit fee of $75.00 and a civil charge of $1,000.00.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE JANE MCCROSKEY (757-247-2215) 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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