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COMMISSION AGENDA October 28, 1997

1. MINUTES of previous meeting.

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

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

4. FREEPORT HOMEOWNERS ASSOCIATION, #97-0216. Commission review on appeal of the September 10, 1997, decision by the Gloucester County Wetlands Board to approve an application by the Freeport Homeowners Association to construct a 48-foot long community pier adjacent to a subdivision landing known as River Street along the Piankatank River in Gloucester County.

5. U.S. ARMY CORPS OF ENGINEERS, #96-1772, requests authorization to establish an unconfined overboard disposal site in a 103-acre area of Chincoteague Bay, northwest of the end of the Lewis Creek Channel, for an estimated 335,000 cubic yards of material to be dredged from the Lewis Creek Channel and Chincoteague Inner channel. Tabled from the September meeting.

6. PIEDMONT SOIL AND WATER CONSERVATION DISTRICT, #97-1262, requests authorization to construct a 540-foot long by 48-foot high earthen flood control dam across Mountain Creek, a tributary to the Bush River in Prince Edward County, which will create an approximately 100-acre flood pool. The project is protested by adjacent property owners. Tabled from the September meeting.

7. JOHN C. READ, JR., #97-0661, requests after-the-fact authorization to construct/retain approximately 1,650 square feet of commercial pier including a roofed area of approximately 640 square feet and an enclosed building of approximately 150 square feet adjacent to his property situated along the James River/Burwells Bay in Isle of Wight County.

8. HAMPTON ROADS MARINA, L.L.C., #97-0916, requests authorization to rebuild and expand an existing marina located at the confluence of the Hampton River and Sunset Creek to include the dredging of 52,000 cubic yards of subaqueous material to create maximum depths of minus nine (-9) feet at mean water, the addition of 77 wet slips, the repair of 1,385 feet of bulkhead, the replacement of all existing open-pile piers with floating piers and the addition of 2,030 feet of floating piers, and the construction of a 38,400 square foot boathouse.

Agenda
October 28, 1997
Page Two

9. OLVERSON'S MARINA, INC. #94-1269, requests authorization to extend and modify their existing permit to include the constructin of a 66-foot wide T-head extension of an existing pier and the finger piers and pilings necessary to create 30 additional wet slips adjacent to Permittee's property situated along Lodge Creek in Northumberland County. The project is protested by adjacent property owners

10. ROBERT R. FOUNTAIN, #97-1268, requests authorization to construct a 30-foot long by 20-foot wide open-sided boathouse adjacent to his property situated along Pierce Creek in Westmoreland County. The project is protested by adjacent property owners.

11. THOMAS A. STERLING, #97-1428, requests authorization to construct a 14-foot by 30-foot open-sided private, noncommercial boathouse adjacent to his property along Sterling Creek in Gloucester County. The project is protested by several nearby property owners.

12. DISCUSSION: Briefing and request for public hearing on General Permit #3 regarding non-commercial riparian shellfish growing activities and an On-Bottom Shellfish Aquaculture Regulation.

13. DISCUSSION: Briefing and request for public hearing on proposed tidal wetland mitigation banking guidelines.

14. DISCUSSION: Opening of the Pocomoke and Tangier Sounds to the harvesting of oysters.

15. PUBLIC HEARING: Consideration of proposed amendments to Regulation 4 VAC 20-320-10 et seq., "Pertaining to the Taking of Black Drum" and Final Consideration of proposed amendments to Regulation 4 VAC 20-480-10 et seq., "Pertaining to Eastern Shore Bayside Management Areas."

16. PUBLIC HEARING: Consideration of proposed amendment to Regulation 4 VAC 20-610-30 A.3. authorizing persons to serve as agents for commercial fishermen without possessing a commercial fisherman registration license.

17. FINAL DISCUSSION concerning proposed Regulations pertaining to commercial hook-and-line fishing.

Agenda
October 28, 1997
Page Three

18. DISCUSSION: Consideration of proposed amendments to Regulation 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," to allow for the transfer of individual commercial quotas, opening spawning reaches to fishing, and adjust recreational fishing dates for the Virginia tributaries of the Potomac River. Request for public hearings.

19. DISCUSSION: Consideration of proposed amendments to Regulation 4 VAC 20-750-10 et seq., "Pertaining to Crab Dredge License Sales," modifying the criteria for license eligibility. Request for public hearing.

20. MARSHALL COX: Request to modify the Eastern Shore crab sanctuary.

Agenda
October 28, 1997
Page Four

2A. PAGE COUNTY, #97-1163, requests authorization to conduct various stream restoration projects involving cobble and debris removal, stream channel modification and bank stabilization along East Hawksbill Creek, Hawksbill Creek, Stony Run, Chub Run, Jeremys Run, Pass Run, Dry Run, Little Hawksbill Creek and Honey Run in association with the Natural Resources Conservation Service (NRCS) Emergency Watershed Program for non-exigency sites.

2B. BELMONT DEVELOPMENT ASSOCIATES, INC., #95-0233, requests authorization to modify their permit to include the construction of a 175-foot riprap jetty with an attached 360-foot floating breakwater and floating dock, and a second 135-foot riprap jetty with an attached floating dock, in place of the permitted 739 foot concrete breakwater adjacent to their property situated along the Occoquan River in Prince William County.

2C. NAVAL AMPHIBIOUS BASE LITTLE CREEK, #97-0937, requests authorization to rework two (2) existing broken concrete/stone groins, install 277 linear feet of riprap revetment and construct two (2) quarry stone breakwaters and one (1) spur to provide shoreline stabilization for the Officers Beach situated along the Chesapeake Bay in Virginia Beach.

2D. CITY OF MARTINSVILLE, #97-1470, requests authorization to cross Jones Creek with a submerged, concrete encased 10-inch potable water line and to install a quadruple 10-foot by 6-foot box culvert to support a road crossing of Jones Creek east of the Water Filtration Plant in the City of Martinsville. Recommend inclusion of our standard instream construction conditions.

2E. LOWER CHESAPEAKE ASSOCIATES, #97-1334, requests authorization to replace an existing deteriorated floating breakwater with a new breakwater constructed of 154 54-inch reinforced concrete piles spaced 12 to 18 inches apart adjacent to their existing marina facility situated on Willoughby Bay in the City of Norfolk. Recommend an annual royalty in the amount of $22.60 for the additional encroachment over 452 square feet of State-owned subaqueous land at rate of $0.05 per square foot.

2F. CITY OF NORFOLK, #97-1495, requests authorization to demolish the existing single slip community ferry landing facility and to construct a new 125-foot long dual slip landing facility with four (4) associated mooring dolphins and one (1) finger pier adjacent to Waterside Marina situated on the Elizabeth River.

Agenda
October 28, 1997
Page Five

2G. NAVAL REGIONAL MEDICAL CENTER, #97-1522, requests authorization to install approximately 450 feet of Class II riprap adjacent to their facility situated on Scotts Creek in the City of Portsmouth.

2H. TARMAC AMERICA, INC., #97-1346, requests authorization to replace six (6) mooring dolphins, repair a concrete unloading pier and to maintenance dredge approximately 3,000 cubic yards of subaqueous bottom/stone and gravel adjacent to their facility situated on the Eastern Branch of the Elizabeth River in the City of Norfolk

2I. SMITHFIELD FOODS, #97-0212, requests authorization to modify an existing permit to include a 1,100 foot section of floating pier extending a maximum of 16 feet channelward of mean low water in association with an additional boardwalk area being constructed adjacent to the Smithfield Foods corporate offices situated along the Pagan River in the Town of Smithfield. Recommend a royalty in the amount of $1,650.00 for the additional encroachment over approximately 5,500 square feet of State-owned subaqueous land at a rate of $0.30 per square foot.

2J. REGIONAL ENTERPRISES, INC., #97-1569, requests authorization to construct 310 linear feet of timber bulkhead a maximum of two (2) feet channelward of an existing failed structure adjacent to their property situated along the James River in the City of Hopewell. Recommend a royalty in the amount of $620.00 for the filling of 620 square feet of State-owned subaqueous land at a rate of $1.00 per square foot.

2K. VANDYKE GROUP, #97-0746, requests authorization to modify an existing seven cell breakwater system to include two (2) additional breakwater structures with associated beach nourishment and wetland creation adjacent to their property situated along the James River in Isle of Wight County. Recommend a royalty in the amount of $0.05 per square foot for beach nourishment portion of the project.

Agenda
October 28, 1997
Page Six

3A. QUEENS LAKE CLUB, requests the Commission agree to accept a $4,000.00 civil charge in lieu of further enforcement action for unauthorized prop dredging undertaken at the Queens Lake Club Marina situated along Queens Creek in York County.

3B. BETTY WATKINS MIRMELSTEIN, #94-0430, requests after-the-fact authorization to retain those portions of a 40-foot long by 19-foot wide boathouse constructed in excess of her previously issued permit which authorized a 36-foot long by 14-foot wide structure at her property situated along Back Creek in York County. The applicant and contractor have agreed to pay a civil charge in the amount of $1,000.00 in lieu of further enforcement action. Staff recommends triple permit fees.

3C. C. RICHARD DOBSON, #97-1339, requests after-the-fact authorization to retain those portions of a 53-foot long by 19-foot wide covered boatlift constructed in excess of his previously issued permit which authorized a 42-foot long by 12-foot wide structure on the end of his private, non-commercial pier adjacent to his property situated in Deep Creek in the City of Newport News. Mr. Dobson has agreed to pay a civil charge in the amount of $1,000.00 in lieu of further enforcement action. Staff recommends triple permit fees.

 

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