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COMMISSION AGENDA NOVEMBER 22, 2005

1. MINUTES of previous meeting.

** APPROVAL OF AGENDA.

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

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.

4.    JOHN B. LAPETINA, JR., #05-0663. 
Commission review of the Norfolk Wetland Board's October 12, 2005, decision to approve a permit to install a swimming pool within a coastal primary sand dune situated along the Chesapeake Bay in Norfolk.

5.    ALICE SIEGEL, #01-0055. 
Commission consideration of a 39-foot by 43-foot private, non-commercial enclosed boathouse constructed in non-compliance (Sworn Complaint #02-16) with its VMRC permit at property situated along the Pamunkey River in King William County.

6.    OLD POINT COMFORT, #05-0590,
requests authorization to construct a 30 slip pier facility with four (4) uncovered boatlifts, a 13-foot by 5-foot floating dock to accommodate five (5) personal watercraft, and a 53-foot by 72-foot covered pavilion with restrooms, a covered open-air area, an uncovered open-air area, and a pump-out surrounded by associated floating piers, and a 177-foot long by 1-foot wide floating walkway, and to install 309 linear feet of steel sheet bulkhead aligned no greater than two (2) feet channelward of an existing deteriorated bulkhead, and dredge 1,090 cubic yards of State-owned submerged lands to achieve maximum depths of minus six (-6) feet below mean low water within an approximately 200-foot by 95-foot area adjacent to their property situated along the Hampton River in Hampton.  The facility is designed to serve 30 condominium units on the adjacent upland.

7.    HURLEY LLC, #04-1649,
requests authorization to construct 1,175 linear feet of 5-foot wide open-pile pier with finger piers and mooring piles to create 59 additional wetslips adjacent to the Grey's Point Campground situated along Meachim Creek in Middlesex County.  The project is protested by several property owners along Meachim Creek.

8.    PORPOISE COVE MARINA, #02-1354,
requests authorization to maintenance dredge 5,080 cubic yards of subaqueous material to obtain maximum depths of minus six (-6) feet at mean low water and to construct 145 linear feet of timber bulkhead, a 240-foot long boathouse containing 18 wetslips and to remove an existing pier and construct a new 175-foot long pier containing 10 wetslips in conjunction with the renovation of the Porpoise Cove Marina situated along the Piankatank River in Middlesex County.  The project is protested by several nearby property owners.

9.    TONI S. SLOAN, #05-1639,
requests after-the-fact authorization to retain a 57-foot long by 12-foot wide private, pre-cast concrete boat ramp, which extends approximately 13-feet channelward of mean low water, adjacent to her property along the Rappahannock River at the end of Beach Road near White Stone in Lancaster County.  

10.    KINDER MORGAN BULK TERMINALS, INC., #05-2232,
requests authorization to construct a 90-foot by 220-foot long extension to Pier IX, and a new 57-foot by 1,200-foot long concrete pier (Pier X) as well as dredge approximately 540,000 cubic yards of subaqueous bottom material to create maximum depths of -52 feet below mean low water as part of a proposed expansion of their marine coal terminal situated along the James River in Newport News.  The project is protested by the adjacent downstream property owner.

11.    DOMINION VIRGINIA POWER EASEMENT AND RIGHT-OF-WAY AGREEMENT. 
Commission consideration of a resolution between the Commonwealth of Virginia, acting by and through the Chairman of the Marine Resources Commission, and Virginia Electric and Power Company, pursuant to Chapter 483, Acts of Assembly, 2004, conveying an easement over a portion of the Elizabeth River as described in a proposed agreement and accompanying plat.

12. PUBLIC HEARING: 
Consideration of a revised Rent and Royalty Schedule for the use of State-owned submerged lands.

13. SPECIAL PRESENTATIONS

14. PUBLIC COMMENTS

15.    PUBLIC HEARING:
Consideration of proposed amendments to Regulation 4VAC20-490, "Pertaining to Sharks" establishing commercial and recreational fishing limitations and limiting access to the commercial shark fishery.

15.    SCUP: 
Request for emergency action to reduce the Winter II period commercial trip limit to 3,000 pound.

16. DOUGLAS F. JENKINS, SR. (President of Twin Rivers Watermen's Association): 
Request for a change in the oyster plan.

17. RECOMMENDATIONS FROM THE RECREATIONAL FISHING ADVISORY BOARD.

18. REQUESTS FOR PUBLIC HEARING:

a) Ed Bender requests amendment of Regulation 4VAC20-20, "Pertaining to the Licensing of Fixed Fishing Devices" to allow certain exceptions to the requirements to maintain a priority right to a net's location.

b) Vernon Rolley requests amendment of Regulation 4VAC20-900, to improve access to horseshoe crabs for bait in the whelk fishery.

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

2A.    SANDERS YACHT YARD, #04-2767, requests authorization to dredge 3, 400 cubic yards of State-owned subaqueous bottom material from Carter Creek, by clamshell bucket with contained upland disposal, to obtain maximum depths of minus six (-6) feet at mean low water for the previously authorized Sanders Yacht Yard and Crockett's Landing Marina facilities in Irvington.  Recommend approval with the requirement for a staked, 20-foot buffer channelward of mean low water, a pre-dredge conference and post-dredge bathymetric survey, and a royalty in the amount of $1,530.00 for the removal of the material at a rate of $0.45 per cubic yard.

2B.    CITY OF RADFORD, #05-2098, requests authorization to cross Plum Creek, a tributary to the New River, in four (4) locations with force main and interceptor pipelines associated with the proposed Gibsondale Sewer Project on the east side of the City of Radford near State Route 11.  The pipelines will be protected by steel encasement pipe and will be buried a minimum of two (2) feet below the natural creek bed.  Recommend approval with the inclusion of our standard instream permit conditions.

2C.    DANVILLE DIVISION OF POWER & LIGHT, #05-1708, requests authorization to attach two (2) 12 kV power lines below the Main Street Bridge in Danville, spanning approximately 500 feet of ordinary high water within the Dan River.  This installation will serve to replace the lines being removed with the demolition of the Worsham Street Bridge. 

2D.    FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS & ENVIRONMENTAL SERVICES, #05-1752, requests authorization to replace a 12-inch diameter, steel encased, sanitary sewerline, crossing beneath approximately 745 linear feet of Little Hunting Creek in Fairfax County.  The sewerline replacement will be along the same line and grade as the existing sewerline.  Recommend approval with standard in-stream conditions and a time-of-year restriction which precludes construction activities between February 15 to June 30 to protect anadromous fish.

2E.    HENRICO COUNTY DEPARTMENT OF PUBLIC WORKS, #05-2131, requests authorization to install a submerged 48-inch diameter sewer force main beneath Four Mile Creek one-half mile east of the US RT 5/I-295 interchange in Henrico County.  Recommend our standard instream permit conditions.

2F.    FREDERICK JONES, ET AL, #05-0726
, requests authorization to install a single piling to support an osprey-nesting platform approximately 100 feet channelward of the Permittees' property situated along the Piankatank River near Cherry Point on Gwynn's Island in Mathews County.  The piling will encroach on "Additional Public Ground."


VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE KATHY LEONARD (757-247-2120) 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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