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AGENDA NOVEMBER 23, 2010

** APPROVAL OF AGENDA.

1.   MINUTES of previous meeting.    

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

3.   CONSENT AGENDA ITEMS.

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.

5.  RAYMOND BUTLER, #10-0803, requests after-the-fact authorization to permit the Nansemond River Duck Club to use a previously constructed concrete boat ramp, extending up to seven (7) feet channelward of mean low water, and an existing 58-foot long by 4-foot wide fixed pier, and authorization for the installation of a 36-foot long by 6-foot 1-inch wide floating platform at the applicant's property situated along the Western Branch, Nansemond River, at 4029 Godwin Boulevard in the City of Suffolk.  The request is protested by a number of nearby property owners.

6.  CITY OF ALEXANDRIA, #10-0798, requests authorization to restore approximately 600 linear feet of Holmes Run including the installation of J-hooks and rock vanes and to construct a 12-foot wide low profile pedestrian crossing near North Chambliss Street and Holmes Run Parkway in the City of Alexandria.  The project is protested by multiple adjacent property owners.

7.  WHITE POINT COVE ASSOCIATION, #10-1649, requests authorization to install 35 linear feet of quarry stone riprap a maximum of six (6) feet in front of an existing timber bulkhead which will impact 210 square feet of jurisdictional beach at property at the confluence of the Rappahannock River and Chesapeake Bay on Riverside Drive in Middlesex County.  A Coastal Primary Sand Dunes and Beaches permit is required. 

8.  JOHN AND PEGGY NEWCOMB, #10-1663, request authorization to remove three (3) deteriorated groins and to construct three (3) new replacement low-profile groins extending up to 45 feet channelward of mean high water adjacent to their property situated along the York River at 1540 Fleming Road in Gloucester County.  Both Coastal Primary Sand Dunes and Beaches and Submerged Lands permits are required. 

9.  NEW TIDES, LLC, #10-1471, requests authorization to remove and replace a fixed, 24-slip marina pier with an 8-foot wide floating pier extending approximately 237 feet channelward of a previously authorized bulkhead, including a 28-foot by 24-fixed platform, a 10-foot long gangway, four (4) 60-foot long and five (5) 40-foot long finger piers, and a 138-foot long by 8-foot wide T-head; construct two (2) 20-foot long finger piers extending from the bulkhead; and construct a 14-foot long pier connection to an existing floating platform along Carter Creek adjacent to the Tides Inn resort hotel in Irvington, Lancaster County.  Review of royalty assessment.

10. RICHARD GREEN, OYSTER LEASE GROUND APPLICATION #2010-044, requests to lease approximately 60 acres of planting ground near the James River Bridge in the City of Newport News.  The Commission declined to lease this area under two previous applications in 2005 and 2008. 

11. PUBLIC COMMENTS

12. CYNTHIA SMITH (REEDVILLE, VIRGINIA):  Requests the return to a June 1 closure of the blue crab spawning sanctuaries and a modification of the upper western mainstream Chesapeake Bay boundary line of that blue crab spawning sanctuary.  4 VAC 20-752.10 et seq., "Pertaining to Blue Crab Sanctuaries.

13. PUBLIC HEARING:  Consideration of amendments to Chapters 4VAC20-920-10 et seq. "Pertaining to Landing Licenses" and 4VAC20-620-10 et seq. "Pertaining to Summer Flounder", to provide an allocation of commercial offshore (federal waters) summer flounder quota to qualifying Virginia commercial hook-and-line licensees.

14. PUBLIC HEARING:  Consideration of increasing the current 14-inch minimum size limit of Summer Flounder harvested and possessed by commercial hook and line fishermen.  4 VAC 20-620-10 et seq. "Pertaining to Summer Flounder".

15. PUBLIC HEARING:  Consideration of modifications to the Virginia commercial hook-and-line crew requirements and a proposal to define a "year", as a calendar year, to clarify participation and entry requirements.  Chapter 4VAC20-995-10 et seq., "Pertaining to Commercial Hook-and-Line Fishing".

16. PUBLIC HEARING:  Consideration of allowing gill net permittees to fish from the same vessel and restrict, or eliminate, the use of agents in the gill net fishery, except in cases of medical hardship.  Chapter 4VAC20-1190-10 et seq., "Pertaining to Gill Net Control Date, Limited Entry and Transfers".

17. REQUEST FOR A JANUARY 2011 PUBLIC HEARING:  Proposed establishment of aquaculture opportunity zones, as prescribed by section 28.2-603 of the Code of Virginia.

18. OYSTER STANDING STOCK REPORT:  Update of harvest activities and current estimates of standing stock, for public oyster grounds.

19. APPROVAL OF EXPENDITURES:  From the Virginia Saltwater Recreational Fishing Development Fund and Marine Fishing Improvement Fund to cover agency computer expenses.


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

2A. NORTHROP GRUMMAN SHIPBUILDING, INC., #10-0518, requests authorization to modify their existing permit to include mechanical maintenance dredging of up to 325,000 cubic yards of State-owned subaqueous material, to re-establish and maintain maximum depths ranging between -30 and -49 feet at mean low water at their facility situated along the James River in the City of Newport News, with disposal at Craney Island. 

2B. VULCAN CONSTRUCTION MATERIALS, #01-1308, requests a modification to their existing permit to dredge an additional 6,314 cubic yards of bottom material, by mechanical method, to a maximum depth of -16 feet mean low water at their Richmond Quarry and Lower Dock Facilities situated along the James River in the City of Richmond and Henrico County, with disposal at previously approved abandoned quarry sites.  Recommend approval with an additional dredging royalty of $2,841.30 for the new dredging of 6,314 cubic yards of State owned bottom material at a rate of $.045 per cubic yard. 

2C. KINDER MORGAN OPERATING L.P. "C", #10-1612, requests authorization to mechanically maintenance dredge up to 80,000 cubic yards off State-owned subaqueous material, on an as needed basis to re-establish and maintain maximum depths of -52 feet at mean low water at their facility situated along the James River in the City of Newport News, with disposal at Craney Island.  Recommend inclusion of the standard dredge conditions.

2D. BLUEWATER POINT HOMEOWNERS ASSOCIATION, #10-1119, requests authorization to maintenance dredge 977 cubic yards of accumulated material and dredge an additional 1,623 cubic yards of new material to restore and deepen an existing channel and basin adjacent to Indian Creek at 472 McSwain Road in Lancaster County.  The channel will have a bottom width of 26 feet and be dredged one (1) foot deeper to achieve maximum depths of five (-5) feet at mean low water.  The sandy dredged material will be removed mechanically and placed on the adjacent beach area, contained within a previously authorized groin field and jetty.  Recommend approval with standard dredge conditions, and the assessment of a royalty in the amount of $730.35 for the removal of the new material at a rate of $0.45 per cubic yard.

2E. CITY OF CHESAPEAKE, #10-1572, requests authorization to install a 36-inch raw water transmission pipeline 30 feet below the bed of the Nansemond River by directional bore method, near the intersection of Rt. 58 and Wilroy Road in Suffolk.  Recommend approval with a royalty in the amount of $1,620.00 for the crossing under 540 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

2F. COLONNA'S SHIPYARD, #09-0073, requests a modification to their existing permit to now mechanically dredge an additional 13,200 cubic yards of State-owned subaqueous material to establish and maintain, on an as-needed basis, maximum depths of -27 feet at mean low water, adjacent to Pier 8 at their West Yard facility situated along the Eastern Branch of the Elizabeth River in the City of Norfolk.  All dredged material will be transported to and disposed of at Craney Island.  Recommend an additional royalty assessment in the amount of $5,940.00 for the dredging of 13,200 cubic yards of State-owned subaqueous material at a rate of $0.45 a cubic yard.

2G. LYON SHIPYARD, INC., #10-1050, requests authorization to mechanically maintenance dredge, on an as-needed basis, up to 35,000 cubic yards of State-owned subaqueous material to re-establish and maintain maximum depths ranging between -12 and -42 feet at mean low water, at their facility situated along the Eastern Branch of the Elizabeth River in the City of Norfolk.  All dredged material will be transported to and disposed of at Craney Island or an approved upland disposal site.  Recommend inclusion of the standard dredging conditions.

2H. DEPARTMENT OF THE NAVY, #10-1175, requests authorization to install a new fender system at two locations on the south side of Pier 6 at Naval Station Norfolk, situated along Hampton Roads in the City of Norfolk.  The proposed fender system will be comprised of two (2) approximately 22-foot long pre stressed concrete fender modules extending approximately two and one-half feet beyond the south face of the existing pier at each location, and will accommodate the temporary placement of camels for the berthing of CVN class vessels.

2I. NORFOLK SOUTHERN CORP., #10-1738, requests authorization to install a replacement power cable within a new four-inch diameter conduit installed by directional bore method approximately six feet beneath a 150 linear foot section of the Eastern Branch of the Elizabeth River, to provide power to their existing swing span railway bridge in the City of Norfolk.  Recommend the assessment of a royalty in the amount of $450.00 for the power line's encroachment beneath 150 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.


PAGE 3 ITEMS Consent Agenda Items.

None at this time.



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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