1. MINUTES of previous meeting.
over $500,000 with no objections and with staff recommendation for approval).
4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.
5. YANKEE POINT RACING AND CRUISING CLUB, #12-0018, requests Commission reconsideration of their September 25, 2012, decision to approve a
pier extending no longer than 50 feet from mean low water with a 50-foot L-head for transient use by club members with a maximum of nine (9) vessels rafted on
the outboard side of the pier adjacent to the club's leased property on Meyer Creek at 734 Oak Hill Road in Lancaster County.
6. DOUG CAMPBELL, #11-1159, requests authorization to install a six-foot wide, private, open pile pier extending 145 feet channelward of mean low water with a 14-foot by 16-foot deck, a 16-foot by 30-foot open-sided boathouse, a 2,500 pound boat lift, and a jet ski lift along Lyons Creek at his property identified as 156 Pasture Road in the City of Poquoson. The project is protested by an adjacent property owner and an oyster lease holder.
7. NANCY D. BALL, #12-0749, requests authorization to construct a single 27-foot long, continuous height, timber jetty, adjacent to a man-made mooring basin situated along Nomini Creek in Westmoreland County. The project is protested by an adjacent property owner.
8. MICHAEL FRANCISCO, #12-1374, requests authorization to replace an existing private pier with a 5-foot wide open pile private pier within a right of way easement extending 44 feet channelward of mean low water, install four mooring piles, and to mechanically dredge 24.5 cubic yards of State-owned subaqueous bottom from a 380 square foot area near the end of the proposed pier to lower the depths to minus three (-3) feet at mean low water along an unnamed cove on Milford Haven at 239 Old Ferry Road in Mathews County. The project is protested by the property owner, through which the applicant has the aforementioned right-of-way easement.
9. ROBERT G. SMITH, #12-1301, requests authorization to construct a 72-foot long by 10-foot wide timber commercial pier with four (4) associated piles adjacent to his property situated along Cockrell Creek in Northumberland County. The project is protested by a nearby property owner.
10. PUBLIC COMMENT.
11. FAILURE TO REPORT: Cases involving failure to report commercial harvests, in accordance with Chapter 4VAC20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting."
12. Richard Bradford: Appeal of decision to deny his exception to the two year waiting period for a Commercial Fisherman Registration License.
13. PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-260-10 et seq., "Pertaining to Designation of Seed Areas and Clean Cull Areas', to revise oyster culling and inspection procedures for Seaside of the Eastern Shore.
14. REQUEST FOR APPROVAL: Of the 2013 Oyster Replenishment Plan.
15. REQUEST FOR EMERGENCY REGULATION: To lower the recreational black sea bass fishery possession limit of 25 fish to 15 fish, through the end of February 2013, to comply with interstate fishery management plan requirements.
16. REQUEST FOR FEBRUARY PUBLIC HEARING: To establish management measures for the 2013 recreational summer flounder fishery.
17. REQUEST FOR FEBRUARY PUBLIC HEARING: To establish a limited entry system for the American shad by-catch allowance fishery that has been capped at 30 permits by the ASMFC.
PAGE 2 ITEMS (Projects over $500,000 with no objections and with staff recommendation for approval).
2A. MICHAEL J. BOGESE, JR., #11-1574, requests authorization to stabilize approximately 5300 linear feet of shoreline by installing twelve (12) Class II armor stone breakwaters of varying lengths from 70 feet to 100 feet and installing twenty (20) Class II armor stone sill structures of varying length from 40 to 250 feet extending a maximum of 60 feet channelward of mean low water and encroaching 16,723 square feet over State-owned bottom; conduct beach nourishment with 8,468 cubic yards of clean sand material on 55,755 square feet of State-owned bottom; install a 5-foot by 16-foot pedestrian footbridge crossing 9 feet of State-owned bottom and install a 12-foot by 38-foot concrete boat ramp encroaching a maximum of ten (10) feet channelward of mean low water adjacent to his property situated along the James River at 16901 Sandy Point Road in Charles City County.
Staff recommends approval with a royalty in the amount of $120.00 for the encroachment of the concrete boat ramp over 240 square feet of State-owned bottom at a rate of $0.50 per square foot and a royalty in the amount of $1,442.05 for the beach nourishment material filling 28,841 square feet of State-owned bottom at a rate of $0.05 per square foot for a total royalty amount of $1,562.05. A royalty was paid for the additional beach nourishment impacts under permit #09-0228.
2B. ELIZABETH RIVER CROSSINGS OPCO LLC, #11-1116, requests authorization to modify an existing permit, to include relocating proposed temporary marshalling piers and to increase the footprint of the Norfolk pier to 11,600 square feet, to install six (6) additional 36-inch pilings as mooring dolphins and a temporary crane ramp that will extend approximately 35 linear feet channelward of mean low water along the Portsmouth shoreline, and to extend the South Portsmouth dredge support of excavation wall an additional 108 linear feet resulting in additional encroachment over State-owned submerged land to facilitate the construction of an additional tunnel for the Mid-town crossing as part of the U.S. Route 58 Downtown Tunnel/Mid-town Tunnel/Martin Luther King Freeway Expansion Project across the Elizabeth River between the cities of Norfolk and Portsmouth.
2C. LOUDOUN COUNTY SANITATION AUTHORITY, #10-2020, requests authorization to install a water intake structure and associated piping encroaching upon 15,200 square feet of subaqueous bottom, the mechanical excavation of 4,500 cubic yards of subaqueous bottom, and the placement of a temporary coffer dam encompassing 66,200 square feet of subaqueous bottom in the Potomac River and to install a 48-inch raw water line under 29 linear feet of Tuscarora Creek, install a 48-inch raw water line under 40 linear feet of Sycolin Creek, install two (2) 48-inch raw water lines under 149 linear feet of Goose Creek, a 48-inch finished water line under 253 linear feet of Goose creek, and install a 17-foot wide open span bridge crossing over 34 linear feet of Sycolin Creek for the Potomac River Water Supply Project in Loudoun County.
PAGE 3 ITEMS
3A. LYNNHAVEN RIVER INVESTMENTS LLC, #12-0375, requests a permit modification to retain the open-pile wharf decking and accompanying handrail, constructed in the permitted footprint but 1.5 feet higher in elevation, to be used as additional restaurant floor space for the commercial establishment known as The Marlin Club, located at 2149 Vista Circle, situated along Long Creek in Virginia Beach. The applicants have agreed to a $1,000.00 civil charge in lieu of further enforcement action.
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.