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AGENDA SEPTEMBER 27, 2011

**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.  FISHING BAY YACHT CLUB, #11-0955, requests authorization to construct a 91-foot long by 6-foot wide T-head pier addition at the end of their existing commercial pier and to add a 1-foot wide catwalk adjacent to an existing boatlift on the pier situated along Fishing Bay in Middlesex County.  The project is protested by an adjacent and a nearby property owner.

6.  BAY CREEK MARINA & RESORT LLC, #04-2844, requests relief from their permit SAV mitigation obligations for repeat plantings that resulted from the construction of seven (7) offshore breakwaters and beach nourishment situated along the Chesapeake Bay adjacent to the Marina Village subdivision in the Town of Cape Charles.

7.  DISCUSSION:  Proposed permit process for applications requesting to remove submerged timber logs from State-owned bottomlands.

8.  PUBLIC COMMENTS.

9.  PUBLIC HEARING:  Consideration of final blue crab regulations, including closure of the crab dredge fishery for the 2011-2012 season, (4VAC20-1140-20 et seq. "Pertaining to Prohibition of Crab Dredging in Virginia waters).  Decision on licensing those individuals on the peeler pot and crab pot waiting list who have been inactive, at least since 2004 (4VAC20-270-10 et seq., "Pertaining to Crabbing").  Re-assignment of latitude-longitude coordinates that apply to Virginia Blue Crab Sanctuaries (4VAC20-752-20 et seq., "Pertaining to Blue Crab Sanctuaries").

10.  PUBLIC HEARING:  Consideration of amendments to Regulation 4VAC20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" to establish the 2011-2012 public oyster seasons.

11.  VIRGINIA INSTITUTE OF MARINE SCIENCE:  Presentation of Dr. Bob Orth's annual review of the status of Submerged Aquatic Vegetation, including VIMS' request to authorize the renewal of the 727.85 acre set-aside area in South Bay for seagrass restoration that was last established by the Commission at their August 22, 2006, meeting. 

12.  REQUEST FOR PUBLIC HEARING:  To modify Summer Flounder trip limits and season starting date for the winter 2011 fishery.

13.  REQUEST FOR PUBLIC HEARING:  To modify Scup trip limits for the Winter I, 2012 fishery.

14.  Recommendations of the Recreational Fishing Advisory Board.


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

2A.  ELIZABETH RIVER CROSSINGS LLC and HAMPTON ROADS SANITATION DISTRICT, #11-1133, request authorization to install a 42-inch sanitary force main, using the Horizontal Directional Drilling Construction Method, under approximately 2,600 linear feet of State-owned subaqueous land of the Elizabeth River downstream of the Mid-Town Tunnel between the Cities of Portsmouth and Norfolk.

2B.  DOMINION VIRGINIA POWER, #10-1256, requests authorization to construct an overhead electrical transmission line across Lake Anna in Louisa and Spotsylvania Counties, a temporary bridge across the North Anna River in Caroline and Hanover Counties, and a temporary solid fill causeway with riprap scour protection and timber dolphins into the Mattaponi River in King William County to facilitate the transport of components for the construction and operation of the proposed Unit 3 at their North Anna Power Station in Louisa County.  Recommend approval contingent on the SAV restoration plan received April 5, 2011, complete removal of the aforementioned temporary structures upon project completion, and a February 15 to June 30 instream work time-of-year restriction to protect anadromous fishes.  Staff also recommends a one-time royalty of $150.00 for the aerial crossing of the drowned streambed of the North Anna River (50 feet) within Lake Anna at a rate of $3.00 per linear foot and a combined royalty of $7,300.00 for the temporary encroachment of the causeway (13,400 square feet at $5.00 per square foot), bridge (1,650 square feet at $2.00 per square foot), and dolphins (5 at $500.00 each) over State-owned submerged land, based on an annual rate of 10% of the one-time charge for the five-year period the temporary structures will be in place.

2C.  WESTERN REFINING, #11-1227, requests authorization to encase and/or replace numerous pilings, to repair and/or replace numerous fenders, cross-beams and longitudinal braces, and to replace three entire pile bents to facilitate reconstruction of an existing commercial pier in the York River at the Western Refining Yorktown Refinery located at 2201 Goodwin Neck Road in York County.


PAGE 3 ITEMS

3A.  FRANK HUNDLEY and PAT LEWIS, #11-1044, request after-the-fact authorization to retain an uncovered, four-pile boat lift which was constructed without the benefit of a permit at their joint-use pier on Wooldridge Cove adjacent to their properties at 7 Wooldridge Cove and 17 Wooldridge Cove, respectively, in Middlesex County.  The applicants and the contractor have each agreed to pay a civil charge in the amount of $600.00, for a total of $1,200.00, in lieu of further enforcement action.  Staff recommends approval with a triple permit fee totaling $75.00 and acceptance of the aforementioned civil charges.

3B.  VINCENT RADLEY, #11-0786, requests after-the-fact authorization to retain an 18-foot long by 33-foot wide covered marginal wharf impacting 594 square feet of subaqueous bottom, adjacent to his property at 6476 Fairview Drive situated along the Passapatanzy Creek in King George County.  The applicant agrees to pay a civil charge in the amount of $600.00 in lieu of further enforcement action.  Staff recommends approval with a triple permit fee totaling $75.00 and acceptance of the aforementioned civil charge.

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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