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COMMISSION AGENDA FEBRUARY 24, 2004

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 SESSION.

4.    VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS, #03-0641.  Commission update by City representatives regarding the status of their permit to undertake improvements to the Rudee Inlet infrastructure to reduce shoaling in the inlet, improve navigation and increase the efficiency of maintenance dredging operations.

5.    CHARLES W. DAVIS, #03-1147.  Commission review on appeal of 25 or more freeholders of the January 22, 2004 decision by the Essex County Wetlands Board to approve a permit to construct a community fishing pier, a launch ramp for personal watercraft and canoes, and a vinyl bulkhead at community property situated along Piscataway Creek in Essex County.

6.    CITY OF HAMPTON, et al, #03-0740, requests authorization to dredge, by hydraulic method, and to a maximum depth of -35 feet below MLW, 522,000 cubic yards of beach-quality sand from a 38-acre area of Horseshoe Shoals.  281,000 cubic yards of the material will be pumped and deposited along 3,785 linear feet of shoreline at Buckroe Beach, and 241,000 cubic yards of the material will be placed on 2,050 linear feet of public beach located near Salt Ponds. 
 
7.    MOBJACK MARINA, INC., #03-1221, requests authorization to construct one (1) 90-foot long timber bulkhead, one (1) 90-foot long timber jetty, six (6) 3-foot wide by 45-foot long finger piers, six (6) 3-foot wide by 30-foot long finger piers, install one (1) mooring buoy, creating a total of 11 mooring spaces, dredging 7,647 cubic yards of subaqueous material creating a 50-foot wide by 1,000-foot long channel with a depth of minus eight (-8) feet at mean low water adjacent to their property situated along the East River in the village of Mobjack in Mathews County.  The project is protested by a nearby property owners and an oyster ground leaseholder.

8.    BUBBA'S MARINA, #01-1979, requests authorization to construct 2,087 square feet of open-pile commercial wharf to accommodate a commercial, open-pile building for a proposed wholesale/retail fish market and commercial seafood unloading dock, at their existing restaurant and marina facility situated adjacent to the Lynnhaven River in Virginia Beach.

9.    ED CALL, et al, #03-2456, requests authorization to install 495 linear feet of bulkhead on the beach across nine (9) properties situated along the Chesapeake Bay in Hampton.  A Coastal Primary Sand Dune and Beaches permit is required.

10.    SUE ROMAN, #03-2377, requests authorization to install 55 linear feet of bulkhead on the beach at her property situated along the Chesapeake Bay in Hampton.  A Coastal Primary Sand Dune and Beaches permit is required.

11.    MARK HEFLIN, #03-2404, requests authorization to install and backfill 60 linear feet of bulkhead on the beach at his property situated along the Chesapeake Bay in Hampton.  A Coastal Primary Sand Dune and Beaches permit is required.

12.    LEE ANDERSON, #04-0104, requests authorization to expand an existing elevated deck on the beach at his property situated along the Chesapeake Bay in Hampton.  A Coastal Primary Sand Dune and Beaches permit is required.

13.    OTIS P. ASAL AND ROBERT A. SCOTT, #03-027S, request authorization to lease approximately Five (5) acres of Oyster Planting Ground in the Chesapeake Bay near the mouth of Old Plantation Creek. The project is protested by nearby property owners.

14. PUBLIC COMMENTS

15.    DISCUSSION:  Request by Staff to set aside an area at the mouth of Plantation Creek for at least ten (10) years.

16.    Public Hearing: Proposed amendments to regulation 4VAC20-920-10 et seq., "Pertaining to Landing Licenses" modifying requirements for the transfer of summer flounder endorsement licenses.

17.    Public Hearing:  Proposed amendments to Regulation 4VAC20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" to open an oyster hand scrape area in Pocomoke Sound and to extend the oyster dredge season in the Pocomoke-Tangier Sound Management Area.

18.     Scup and Black Sea Bass:  Request for public hearing to establish 2004 fishing requirements

19.    Summer Flounder:  Request for public hearing to establish 2004 recreational fishing requirements

20.     Consideration of the 2004 Oyster Restoration Program and approval of the procurement procedures.

21.    Violations of Mandatory Reporting Requirements.

22.    REPEAT OFFENDER



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

2A.    CITY OF HARRISONBURG, #03-2438, requests authorization to install a raw water intake, including a buried intake pipe and submerged intake screens, approximately 140 feet into the South Fork of the Shenandoah River in Rockingham County, and to remove the remnants of the McGaheysville Dam, located approximately 1,500 feet upstream.  Both the intake installation and dam removal will require the construction of temporary causeways for access into the river.

2B.    PRINCE WILLIAM FOREST PARK, #03-1149, requests authorization to install, by open-trench method, a 12-inch diameter ductile iron waterline under the South Fork of Quantico Creek in two locations, 50 linear feet at Scenic Drive and 62 feet at Mawavi Road, and to stabilize the stream banks at the construction impact locations with a maximum of 24 linear feet of riprap per location, within Prince William Forest Park in Prince William County.  Staff recommends standard instream construction conditions.

2C.    U. S. ARMY CORPS OF ENGINEERS, #03-1365, requests authorization to maintenance dredge up to 3 million cubic yards of State-owned subaqueous bottom per year from shoaled areas between Milepost 69 to Milepost 27 within the James River in the Counties of James City, Isle of Wight, Surry and Charles City.  The dredged material will be placed in overboard disposal sites adjacent to the dredge areas.  Recommend approval with the following conditions:

1. A time of year restriction prohibiting overboard disposal between February 15 through June 30 to protect anadromous fish species;
2. No dredged material may be placed within 750 feet of an active eagle nest between November 15 and October 1;
3. Condition surveys to be provided of the dredged material placement sites both before and after each dredge cycle;
4. Submittal of an Environmental Assessment documenting the fate of any dredged material placed overboard at the sites, as well as a benthic impact assessment of the cumulative overall activities prior to permit expiration.


2D.    LYON'S SHIPYARD, #99-1789, requests, as a modification to a previously issued permit, 59,900 cubic yards of additional dredging to create a 332-foot long by 108-foot long basin to provide maximum depths of -42 feet below mean low water to accommodate the a new drydock and install three (3) new mooring dolphins adjacent to their property situated along the Eastern Branch of the Elizabeth River in Norfolk.  Dredged materials will be transported to the Craney Island Disposal Facility.  Staff recommends a royalty of $0.45 per cubic yard for dredging of new material.

2E.    U. S. DEPARTMENT OF TRANSPORTATION, #98-1326, requests authorization to modify their existing permit to construct a 10-foot by 20-foot floating pier adjacent to a previously authorized concrete pier at the James River Reserve Fleet Facility within Skiffes Creek at Fort Eustis in the City of Newport News.

2F.    CITY OF CHESAPEAKE, #98-1015, requests authorization to construct a 450-foot long by 80-foot wide pile supported roadway bridge with 60 linear feet of associated riprap scour protection over New Mill Creek, and install a stormwater culvert with wingwalls and riprap scour protection aprons, associated with the construction of the expansion of Cedar Road in the City of Chesapeake.

2G.    CSX TRANSPORTATION, #03-1647, requests authorization to dredge a 1,496-foot long by 210-foot wide construction access channel with maximum depths of up to minus seven (-7) below MLW, install channel fenders, build a temporary construction access pier and construct a 1,750 feet long by 50.5 feet wide open-pile railroad bridge parallel to an existing span crossing Quantico Creek in Prince William County.  Staff recommends approval with the condition that the applicant compensate for SAV impacts by planting two (2) acres of SAV as mitigation for the loss of 1.7 acres of SAV.  In the event of mitigation failure, the applicant has agreed to make a donation to the Commission's Marine Habitat and Waterways Improvement Fund in the amount of $100,000 should two successive test plots fail or $50,000 should the two-acre site fail after planting.  Staff also recommends that no dredging occur between March 15 and June 30 to protect anadromous fish during spawning.

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 (757-247-2200) 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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