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COMMISSION AGENDA October 29, 1996

1. MINUTES of previous meeting.

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

3. CONSENT ORDER (Commission approval of consent agreements).

4. U.S. ARMY CORPS OF ENGINEERS, #96-0238, requests authorization to maintenance dredge to minus eight (-8) feet at mean low water approximately 25,000 cubic yards of subaqueous material from within the Tylers Beach Federal Navigation Project Channel located at Tylers Beach along the James River in Isle of Wight County. All dredge material is proposed to be placed in an overboard disposal area adjacent to Point of Shoals in the James River. The project is protested by an oyster planting ground leaseholder.

5. AREA BUILDERS, #96-1191, requests authorization to construct a 334-foot long community pier with 11 associated finger piers, a 256 square foot deck and a 38-foot long by 4-foot wide T-head dock to accommodate 20 wet slips for the Bruce Station Subdivision currently under development and situated along the Western Branch of the Elizabeth River in Chesapeake. The project is protested by several nearby property owners.

6. FIRST COMMONWEALTH CABLEVISION, #96-0771, requests authorization to install a fiber optic cable under the Mattaponi River and through adjacent wetlands in King and Queen County adjacent to the Lord Delaware Bridge in King and Queen County. A wetlands and subaqueous permit are required.

7. BRYANT HAYNES, #96-1163, requests authorization to construct 91 linear feet of vinyl sheet bulkhead, two low-profile timber groins and place 150 cubic yards of sandy material between the groins at his property situated along the Mattaponi River in King and Queen County. A wetlands permit is required.

8. MR. AND MRS. RUSSELL R. MACK, JR., #96-1415, requests authorization to install and backfill 150 linear feet of timber sheet pile bulkhead and associated riprap flank protection at their property situated along the Appomattox River in Prince George County. A wetlands permit is required.

9. VIRGINIA DEPARTMENT OF TRANSPORTATION, #96-1207, requests authorization to demolish the existing Route 211 westbound bridge crossing the Rappahnnock River between Fauquier County and Culpeper County to accommodate the construction of a new

Agenda

October 29, 1996

Page Two

bridge. Subsequent to the concrete deck removal, the steel truss spans will be dropped using shaped explosive charges.

10. PUBLIC HEARING: Consideration of adoption of proposed amendments to Regulation

4 VAC 20-251-10 et. seq., "Pertaining to the Taking of Striped Bass," for the 1997 striped

bass fishery.

11. PUBLIC HEARING: Consideration of adoption of proposed amendments to Regulation

4 VAC 20-751 et. seq., "Pertaining to the Setting and Mesh Size of Gill Nets."

12. DISCUSSION: 1996-1997 Oyster Season - Special Tangier and Pocomoke Sound Broodstock Replenishment Project.

13. RECOMMENDATIONS of the Recreational Fishing Advisory Board on expenditures from the Virginia Saltwater Recreational Fishing Development Fund.

14. RECOMMENDATIONS of the Commercial Fishing Advisory Board on expenditures from the Marine Improvement Fund.

15. WILLY BOKELAR: Request for a permit to harvest elvers: a size class of eels that is less than the minimum possession length limit of 6 inches total length.

16. CONSIDERATION of cases involving Regulation 4VAC 20-610 et seq., for failure to report commercial seafood harvests.

17. OYSTER PLANTING GROUND, #96-0131, by George Daniel Bowden and William Boothe, out of designated Public Clam Ground, West of Chincoteague Channel, lying North of state marsh and East of Birch, plat file 17038, and Fish, plat file 16844.

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 (804)247-2261) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

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.

SPECIAL NOTE: VMRC MEETING FOR OCTOBER 29, 1996 WILL BE HELD AT 2400 WASHINGTON AVENUE IN COUNCIL CHAMBERS.

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2A. GREENWOOD IRONWORKS, #95-1161, requests authorization to modify an existing permit to include fill activities immediately upstream of Harvell Dam along the Appomattox River in the City of Petersburg. Permit modification has been requested to correct leakage under the dam which is hindering previously permitted activities associated with revitalization of the Harvell Dam Power Station and the construction of a new fish passage structure.

2B. CHESAPEAKE BAY BRIDGE AND TUNNEL DISTRICT, #95-1083, requests a modification to their previously issued temporary docking and mooring facilities permit to allow for the dredging of 315 cubic yards of intertidal and subaqueous material for construction access to Wise Point in Northampton County. Recommend approval provided the area is restored to original grade upon completion of the proposed construction.

2C. VIRGINIA DEPARTMENT OF TRANSPORTATION, #95-1288, requests authorization to construct a 607-foot long parallel, concrete bridge across the Northwest River to facilitate the widening of State Route 168-Battlefield Boulevard between the Great Bridge Bypass and the North Carolina State line in Chesapeake. Recommend standard instream permit conditions.

2D. LINKHORN BAY ASSOCIATION, L.L.C., #96-1047, requests authorization to install 665 linear feet of timber tongue-and-groove replacement bulkheading, place 1,230 linear feet of riprap revetment and riprap marsh toe stabilization, construct a 484 square foot octagonal gazebo, a 1233-foot long open-pile marginal wharf with 18 associated finger piers and mechanically dredge approximately 1,319 cubic yards of bottom material to facilitate the redevelopment of a 52-slip marina at property situated at the confluence of Great Neck Creek and a man-made canal in Virginia Beach. Recommend an annual royalty in the amount of $120.27 for the encroachment over 4,009 square feet of State-owned subaqueous land at a rate of $0.03 per square foot.

2E. CITY OF ROANOKE, #96-0507, requests authorization to install a total of 1.75 miles of submerged concrete-encased 8-inch to 66-inch diameter sanitary sewer pipeline at approximately 22 separate locations along the Roanoke River in the City of Roanoke. Recommend a time-of-year restriction of March 15 to June 30.

2F. HARBOR VIEW RECREATION CLUB, # 94-1250, requests authorization to mechanically dredge a total 25,426 cubic yards of State-owned bottom material, utilizing the clamshell method, with upland disposal, to reestablish a 7,300 linear foot navigation channel and provide maximum depths of minus six (-6) feet at mean low water in Massey Creek in Fairfax County. Recommend a royalty of $630.00 for the initial dredging of 2,100 cubic yards of material at a rate of $0.30 per cubic yard to create an off-loading spur channel. Recommend a time of year restriction so that no dredging be conducted from March 1 through October 31.


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2G. LYON SHIPYARD, INC., #96-1218, requests authorization to mechanically dredge 16,500 cubic yards of State-owned bottom material, utilizing the clamshell method with disposal at Craney Island rehandling basin, to provide an a depth of minus 21 feet mean low water at the existing bulkhead, sloping to a depth of minus 31 feet mean low water beneath the existing dry dock facility adjacent to the Eastern Branch of the Elizabeth River in the City of Norfolk. Recommend a royalty of $4,950.00 for the dredging of 16,500 cubic yards of material at a rate of $0.30 per cubic yard.

2H. E. CLAIBORNE IRBY, #94-0180, requests a modification to his previously issued permit to increase the volume of beach nourishment to be located in the groin cell adjacent to his property along the Piankatank River in Middlesex County, from 100 cubic yards to 400 cubic yards. The additional sandy fill material is proposed to be placed on an additional 938 square feet of State-owned submerged land, increasing the total beach nourishment area to 3,750. The project involves an encroachment over Additional Public Shellfish Ground. Staff recommends approval with a $46.90 increase of the royalty for the filling of an additional 938 square feet of State-owned submerged land at a rate of $0.05 per square foot.

2I. MR. AND MRS. RUSSELL R. MACK, JR., #96-1415, requests authorization to install and backfill 150 linear feet of timber sheet pile bulkhead and associated riprap flank protection at their property situated along the Appomattox River in Prince George County. A wetlands permit is required.

2J. CITY OF NORFOLK, #96-0247, requests authorization to install 400 linear feet of submerged water main crossing of the Nansemond River in the City of Suffolk. The project is protested by an adjoining property owner.

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3A. ROGER A. LAWSON, #96-1110, requests after-the-fact authorization to retain a 55-foot long, low-profile quarry stone groin adjacent to his property situated along the Rappahannock River in Lancaster County. The applicant has agreed to a $500.00 civil charge and a $75.00 triple permit fee in lieu of further enforcement actions.

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