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AGENDA November 19, 2012


1.  MINUTES of previous meeting.

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



5.  JOINT BASE LANGLEY-EUSTIS, #12-0972, requests authorization to install, up to 12 times per year, a 24-foot wide, temporary causeway extending 1,210 feet channelward of mean low water with 24,960 square feet of decking and to excavate 185 cubic yards of State-owned subaqueous bottom and 410 cubic yards of jurisdictional beach and dune, to facilitate the temporary causeway installation, as part of military training exercises along the James River at the Anzio Beach area of Joint Base Langley-Eustis in the City of Newport News.  The project requires a Subaqueous Permit and a Coastal Primary Sand Dune and Beach Permit.

6.  KEITH W. AVEYARD, #12-1049, requests after-the-fact authorization to retain two (2) previously unauthorized concrete block groin structures, each extending approximately 30 feet channelward of mean low water, and to retain three (3) previously unauthorized mooring poles.  The applicant also is seeking authorization to install numerous PVC pipes to delineate submerged hazards; to install up to eight (8) 2-inch galvanized poles, for use to secure an also requested use of a water trampoline structure, used seasonally; to install a "zip line" apparatus extending from the upland to one of the existing mooring poles; and to place a floating platform, seasonally, at various locations within the applicant's riparian area.  All existing and proposed structures are, or will be, located within the James River (Burwells Bay) at and adjacent to the applicant's property located at 4001 River Landing Trail in Isle of Wight County.

7.  DONALD FOOR, #12-0236, requests after-the-fact authorization to retain a 46-foot long by 16-foot wide concrete low water bridge crossing on Hogue Creek to access his property on Quiet Meadows Lane from US Route 522 in Frederick County.  The project is protested by an adjacent property owner.

8.  LEN DAMERON (BENCHMARK DEVELOPERS, LLC), #07-1375, requests Commission reconsideration of the $9,000.00 civil charged assessed in connection with his involvement as contractor for the construction of a 170-foot long by 8-foot wide community pier with a 184-foot T-head built for Benchmark Developers, LLC (#07-1375), that was built without Commission authorization, adjacent to property situated along a cove of Hack Creek in Northumberland County.

9.  JERRY W. FERGUSON.  Commission reconsideration of the appropriate terms and conditions to accompany the conveyance of a causeway and island located on approximately 1.2 acres of State-owned submerged land in the Rappahannock River adjacent to an easement from State Route 600 in Middlesex County, as authorized by Chapter 201, Acts of Assembly 2006, and previously considered during the July and November 2006 Commission meetings. 


11.  VIRGINIA INSTITUTE OF MARINE SCIENCE:  Presentation of Dr. Bob Orth's annual review of the status of Submerged Aquatic Vegetation.

12.  PUBLIC HEARING:   Chapter 4VAC20-1140-10 et seq. "Pertaining to Prohibition of Crab Dredging in Virginia Waters" to close the December 2012 through March 2013 crab dredge fishery season. Chapter 4VAC20-270-10 et seq., "Pertaining to Crabbing" to extend the lawful season for blue crab harvest though December 15, 2012; to open the lawful season for blue crab harvest in 2013 on March 1; to establish separate bushel limits by crab pot license category in combination with any extension of the blue crab harvest season; and restrict commercial crab harvest activities in the Virginia portion of the Albemarle watershed.  To merge Chapters 4VAC20-752-10 et seq., "Pertaining to Blue Crab Sanctuaries" and Chapter 4VAC20-1210-10 et seq., "Pertaining to a Blue Crab Sanctuary" to create a uniform regulation pertaining to the closed seasons within the blue crab sanctuaries.  To consider utilizing the Marine Fishing Improvement Fund to pay for expenditures for the upcoming crab dredge gear study.

13.  PUBLIC HEARING:  Proposed amendments to Chapter 4VAC20-960-10 et seq., "Pertaining to Tautog," to establish the 2013 recreational and commercial management measures. 

14.  REQUEST FOR PUBLIC HEARING:  Establish permit eligibility and transfer requirements in combination with current quota management categories for 2013 (4VAC20-900-10 et seq., "Pertaining to Horseshoe Crabs").

15.  REQUEST FOR PUBLIC HEARING:  Industry recommendations to reclassify the current requirements for aquaculture product owner and harvester permits (4VAC20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting").

16.   REQUEST FOR PUBLIC HEARING:  Establish the 2013 commercial and recreational striped bass harvest quota (4VAC20-252-10 et seq., "Pertaining to the Taking of Striped Bass").

17.  REQUEST FOR PUBLIC HEARING:  Establish the 2013 recreational black sea bass recreational season (4VAC 20-950-10 et seq., "Pertaining to Black Sea Bass").

18. FAILURE TO REPORT:  Cases involving failure to report commercial harvests, in accordance with Chapter 4VAC20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting."

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

2A.  PLAINS MARKETING, L.P., #12-1378, requests authorization to construct two new (2) breasting dolphins at the end of an existing pier to be used for crude oil loading into marine vessels, as well as install a marine vapor combustion system, repair and/or replace existing piping and replace two (2) operator buildings on the pier in the York River at 2201 Goodwin Neck Road in York County.  Recommend approval with an encroachment royalty in the amount of $1,200.00 for the additional encroachment of the dolphins over 600 square feet of State-owned subaqueous land at a rate of $2.00 per square foot.

2B.  ARMY CORPS OF ENGINEERS, #12-1255, requests authorization to place up to 60,000 cubic yards of dredged material, per dredge cycle, in a 1,000-foot by 1,000-foot overboard placement site in Bradford Bay centered at N3735'02", W7540'53", for the hydraulic maintenance dredging of the Wachapreague and Finney Creek Federal Project Channels near the Town of Wachapreague in Accomack County.

2C.  SUFFOLK DEPARTMENT OF PUBLIC UTILITIES, #12-0890, requests authorization to install a 16-inch sanitary sewer force main pipeline crossing beneath ten (10) linear feet of an unnamed tidal stream by open trench method, and beneath 2,360 linear feet of the Nansemond River, by directional drill method, along the general alignment of the former Kings Highway Bridge as part of the G. Robert House, Jr. Water Treatment Plant Sewer Force Main Extension project in the City of Suffolk. 

2D.  GREENE COUNTY, #11-1366, requests authorization to construct a maximum ten (10) million gallon per day raw water intake structure in the Rapidan River in Greene County to include ten (10) intake screens spanning 55 linear feet along the river bottom encroaching a maximum of 40 feet from ordinary high water, the installation of temporary sheet piling cofferdams and turbidity curtain around the installation area, the excavation of 200 cubic yards of State-owned bottom for the placement of the intake structure, and the installation of 90 linear feet of Class A2 riprap encroaching a maximum of ten (10) feet channelward of ordinary high water adjacent to the existing Rapidan Service Authority water treatment plant to facilitate the construction of a pumped storage reservoir on an unnamed tributary of White Run in Greene County.

2E.  BAVON BEACH HOMEOWNERS ASSOCIATION AND CHESAPEAKE BEACH HOMEOWNERS ASSOCIATION, #11-1708, requests authorization to install four (4) headland breakwaters totaling 950 linear feet with 25,000 cubic yards of sand placed landward of the breakwaters and channelward of mean low water as beach nourishment, and to extend an existing 12-inch drainage outfall pipe 109 feet channelward adjacent to their properties situated along the Chesapeake Bay in Mathews County. Staff recommends approval with a royalty in the amount of $8,978.15 for the encroachment of the pipe on 109 linear feet of State-owned submerged land at the rate of $3.00 per linear foot and for the encroachment of the beach nourishment upon 173,023 square feet of submerged land at the rate of $0.05 per square foot.  Additionally, staff recommends a time of year restriction precluding any construction activity from June 1 to September 15 to minimize adverse impacts on the Northeastern Beach Tiger Beetle, and a requirement to develop a one-time mitigation plan for the seeding of SAV in the James River as part of ongoing SAV restoration efforts by VIMS and not to exceed a cost of $10,000.00.

2F.  NORFOLK SOUTHERN CORPORATION, VMRC#12-1488, requests authorization to rehabilitate existing mooring dolphins adjacent to Pier 6, by installing steel pipe piles around each mooring dolphin cell, followed by the placement of fiber reinforced polymer (FRP) sheet piles a maximum of 26 inches channelward of the existing cells, to include the placement of backfill and concrete between the existing cells and the proposed FRP sheet piles, resulting in 560 square feet of additional encroachment over State-owned submerged land adjacent to their Lambert's Point facility at 2200 Redgate Avenue, situated along the Elizabeth River in Norfolk.  Staff recommends approval with a one-time royalty payment of $1,120.00 for the encroachment over 560 square feet of State-owned submerged land at a rate of $2.00 per square foot. 


3A.  C.W. LAWRENCE JR., #03-1086, requests after-the-fact authorization to retain additional pier widths of two to four feet for three (3) previously permitted floating docks that now measure 6-feet wide by 36-feet long, 8-feet wide by 69-feet long, and 8-feet wide by 48-feet long and the reconfiguration of a fixed pier platform that now starts at 10-feet wide, ends at a 6-foot width and is 12-feet long, all of which are now used by patrons for the adjacent restaurant along Jones Creek at 21088 Marina Road in Isle of Wight County.  Mr. Lawrence has agreed to a $1,000.00 civil charge in lieu of further enforcement action.  Staff recommends approval of the after-the-fact permit modification and acceptance of the civil charge along with a royalty in the amount of $624.00 for the encroachment over 624 square feet of State-owned subaqueous land at a rate of $1.00 per square foot.

3B.  BRISTOL VIRGINIA UTILITIES, #12-1310, requests after-the-fact authorization to retain a buried fiber optic cable installed beneath 64 linear feet of Right Fork adjacent to State Road 643 in Buchanan County.  Recommend approval with the assessment of a civil charge in the amount of $1,000.00 and triple permit fees.

3C.  DOMINION POWER, #12-1043, requests after-the-fact authorization to retain an 8-inch HDPE conduit and 35kV transmission line installed a minimum of three (3) feet below the Chickahominy Lake bottom using a hand jetting method crossing 1,320 feet of the historic Chickahominy River channel associated with the replacement of an existing aerial power line south of Route 650 in New Kent and Charles City Counties. The applicant has agreed to a $1,000.00 civil charge.  Additionally, the contractor, Crofton Diving, has agreed to $1,000.00 civil charge.  The civil charges would be in lieu of further enforcement action.  Staff recommends approval of the after-the-fact permit and acceptance of the civil charges along with a royalty of $3,960.00 for the crossing of 1,320 linear feet of the historic river channel at a rate of $3.00 per linear foot and a triple permit fee of $300.00.




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