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COMMISSION AGENDA September 26, 2000

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. KENNETH D. WILKINS, #00-0650. Commission review on appeal of the August 21, 2000, decision by the Virginia Beach Wetlands Board to deny a permit to construct and backfill 1,050 linear feet of steel sheetpile bulkheading involving a coastal primary sand dune and beach in Virginia Beach.

5. MR. AND MRS. GARLAND F. KARNES, #00-0512, request authorization to construct a 14-foot by 10-foot open-sided covered deck at the channelward end of a proposed pier adjacent to their property along Rowes Creek in Gloucester County. Tabled from the August 29, 2000, meeting.

6. JANET VORHAUER, #97-1883. Commission review on appeal by 25 freeholders of the August 16, 2000, decision by the Poquoson Wetlands Board to reissue a permit to install 125 linear feet of bulkhead and 200 linear feet of riprap at her property situated along Roberts Creek.

7. RON KITCHEN, #00-0867. Commission review on appeal of the July 27, 2000, decision by the Richmond County Wetlands Board to deny authorization to construct a proposed 32-foot long, low-profile timber groin with associated timber spur adjacent to his property situated at the confluence of Farnham Creek and the Rappahannock River.

8. GEORGE INSLEY, #00-1244. Commission review on appeal by 25 freeholders of the August 9, 2000, decision by the York County Wetlands Board to approve a request to install 161 linear feet of bulkhead at his property situated along Chisman Creek.

9. TRAIL'S END SUBDIVISION, #00-1308, requests after-the-fact authorization to retain a 12-foot wide concrete, community boat ramp which extends 36 feet channelward of mean low water into Tabbs Creek in Lancaster County.

10. WILLIAM McDONOUGH, #00-1107, requests after-the fact authorization to retain 128 linear feet of vinyl bulkhead constructed two (2) feet channelward of an existing deteriorated bulkhead at his property situated along Chincoteague Channel in the Town of Chincoteague.

11. KENNETH ANNIS, #00-0443, requests authorization to construct a 16-foot by 10-foot, open-sided, crab shedding shelter, install four (4) mooring piles, and change the use of his existing private 127-foot long open-pile pier to a commercial pier for the shedding of crabs adjacent to his property situated along Occohannock Creek in Northampton County.

12. PRINCE WILLIAM MARINE, INC., #00-1344, requests authorization to remove 600 linear feet of an old stone dike from within the Occoquan River. VMRC is acting as the Wetlands Board.

13. DISCUSSION: REQUEST FOR PUBLIC HEARING on proposed Submerged Aquatic Vegetation (SAV) Transplantation Guidance Criteria.

14. DISCUSSION: Consideration of Mr. Roger McKinley's failure to remit the civil charges agreed to by the Commission in November 1999.

15. OYSTER GROUND APPLICATION #00-010: John D. Watts, Jr., has applied for 50 acres of Oyster Planting Ground in the Chesapeake Bay near the mouth of Hungars Creek in Northampton County. The application is protested by two individuals and by Stanley Mlodynia, who presented a letter and petition with 23 signatures.

16. OYSTER GROUND APPLICATION #00-039: J. C. Walker Brothers, Inc., have applied for 30 acres of Oyster Planting Ground in Revel Island Bay near Public Ground 60 at Walkers Tump in Northampton County. The application is protested by Wayne A. Bell, who presented a petition with 101 signatures.

17. OYSTER GROUND APPLICATION #00-013: J. C. Walker Brothers, Inc., have applied for 50 acres of Oyster Planting Ground in Revel Island Bay near Public Ground 59 East of Walkers Tump in Northampton County. The application is protested by Wayne A. Bell, who presented a petition with 101 signatures.

18. REPEAT OFFENDERS.

19. PUBLIC HEARING: Commission to consider proposed amendments to Regulation 4VAC 20-754-10 et. seq., "Pertaining to Importation of Fish, Shellfish, or Crustacea", which would make changes to the procedures for handling the certification of all shellfish imported from other states for introduction into the waters of the Commonwealth.

20. PUBLIC HEARING: Commission to consider proposed amendments to Regulation 4VAC 20-720-10 et. seq., "Pertaining to the Harvesting of Oysters" for the upcoming 2000-2001 Public Oyster Harvest Season.

21. PUBLIC HEARING: Consideration of proposed amendments to Regulation 4 VAC 20- 490-10 et seq., "Pertaining to Sharks," to establish a closure of the commercial harvest, landing, and possession of spiny dogfish when it is announced that the federal quota has been taken.

22. PUBLIC HEARING: Consideration of proposed amendments to Regulation 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to adjust trip limits.

23. PUBLIC HEARING: Consideration of proposed amendments to Regulation 4 VAC 20-910 et seq., "Pertaining to Scup (Porgy)," to adjust trip limits.

24. DISCUSSION: Compliance with the ASMFC Lobster Fishery Management Plan; request for public hearing.

25. REPORT of the Commercial Hook and Line Task Force.

26. RECOMMENDATION of the Commercial Fishing Advisory Board.

27. 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.

2A. RICHARD LOMBART, ET AL, #00-1336, requests authorization to hydraulically dredge approximately 15,851 cubic yards of intertidal and subaqueous bottom material to provide maximum project depths of minus five feet (-5.0') at mean low water with a six-inch overdredge tolerance to facilitate navigational access to the Western Branch Lynnhaven River municipal channel at properties situated along Keeling Cove in Virginia Beach. Recommend approval with our standard dredge conditions and a royalty in the amount of $6,063.75 for the dredging of 13,475 cubic yards of State-owned subaqueous bottom material at a rate of $0.45 per cubic yard.

2B. BUCHANNAN CREEK PROJECT, #00-0743, requests a modification to their previously issued dredge permit to allow for the additional dredging of approximately 3,411 cubic yards of State-owned subaqueous bottom material to allow for minor alignment shifts to their navigation channel which will connect to the Western Branch Lynnhaven River municipal channel in Virginia Beach. Recommend an additional royalty in the amount of $1,534.95 for the dredging of 3,411 cubic yards of new material at a rate of $0.45 per cubic yard.

2C. NEWPORT NEWS DEPARTMENT OF PUBLIC UTILITIES, #00-1621, requests authorization to install a 75-foot long by 71-foot wide riprap spillway and a 32-foot long bulkhead at the Skiffes Creek Dam in Newport News.

2D. NEWPORT NEWS SHIPBUILDING AND DRY DOCK CO., #00-1517, requests authorization to install a 20-foot by 60-foot extension to an existing spud barge adjacent to their property situated along the James River in the City of Newport News. recommend a royalty of $1,200.00 for the encroachment over 1,200 square feet of State-owned subaqueous bottom at a rate of $1.00 per square foot.

2E. U.S. ARMY CORPS OF ENGINEERS, #95-0110, requests a one-time extension through January 31, 2001, of their previously issued permit for the material generated during the hydraulic maintenance dredging of the two (2) Federal Project Channels at Tangier Island. The material will be deposited along the western shore of the island, south of the existing seawall.

2F. GLEBE HARBOR-CABIN POINT PROPERTY OWNERS ASSOCIATION, #00-1042, request authorization to dredge approximately 5,500 cubic yards of State-owned subaqueous bottom material to be used for beach nourishment and fill of proposed Geo-tubes. Additionally proposed are two (2) l66-foot and one (1) 220-foot armor stone breakwaters with sand-filled Geo-tube cores and one (1) 2l0-foot armor stone spur with a sand-filled Geo-tube in Cabin Point Creek Inlet, Lower Machodoc Creek and Weatherall Creek in Westmoreland County. Recommend that the applicant be required to complete the project within 12 months of commencement.

 2G. FAIRFAX COUNTY WATER AUTHORITY, #00-0329, requests authorization to construct 25 feet of submerged crossings of a 42-inch water pipeline of Giles Run and South Run, tributaries to the Potomac River in Fairfax County. Recommend approval with standard instream construction conditions.

2H. NORFOLK SOUTHERN CORP., #00-1154, requests authorization to maintenance dredge, on an annual basis, 35,000 cubic yards of subaqueous bottom material from the Elizabeth River to maintain maximum depths ranging between -38 feet and -53 feet at mean low water adjacent to Piers #5 and #6 at their Lamberts Point facility in the City of Norfolk. All dredged material will be transported directly to Craney Island for disposal.

2I. ATLANTIC ENERGY, INC., #00-1216, requests authorization to maintenance dredge 20,000 cubic yards of subaqueous bottom material from St. Julian Creek and the Southern Branch of the Elizabeth River to maintain depths of -37 feet at mean low water adjacent to the ship berthing area at their facility in the City of Chesapeake. All dredged material will be transported directly to Craney Island for disposal.

2J. QWEST COMMUNICATIONS CORPORATION, #00-0989, requests authorization to install, by directional bore method, a 294 linear foot fiber optic cable crossing under Wayne Creek adjacent to Tidewater Drive in the City of Norfolk and a 1,277 linear foot fiber optic cable crossing under the Eastern Branch of the Elizabeth River adjacent to the Norfolk Southern Railway Bridge in the Cities of Norfolk and Chesapeake. Recommend a royalty of $1,571.00 for the crossing under 1,571 linear feet of State-owned subaqueous bottom at a rate of $1.00 per linear foot.

2K. RICHARD PHILLIPS, et al, #93-1306, requests authorization to modify an existing permit to construct 420 additional feet of breakwater with five (f) 35-foot low profile groins at the channelward end of a previously permitted and constructed 900 feet of breakwater. Recommend approval with all previous permit conditions and to include the following additional conditions:

 a. All pilings be a minimum of ten feet in length;

b. All sheet piles be a minimum of ten feet in length;

c. All stringers be 4" by 8" minimum;

d . Permit for three years with no additional extensions.

 Recommend an additional royalty of $178.50 for 595 linear feet of encroachment at $0.30 per linear foot.

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