AGENDA November 24, 2009

** 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.  CHESTER A. VAUGHAN, #09-1116.  Commission review of the New Kent County Wetland Board's October 1, 2009, decision to approve the construction of 88 linear feet of timber bulkhead with riprap scour protection at property situated along the York River.

6.  TIMBERNECK, LLC, #09-1282, requests authorization to construct a 10 foot wide by 273 foot long floating community use pier with 20 wetslips, three (3) riprap breakwaters totaling 470 linear feet with 543 cubic yards of sandy material placed landward of the breakwaters, as beach nourishment and to place 2000 cubic yards of oyster shells on approximately 62,300 square feet of State owned submerged land to create an oyster reef channelward of one of the breakwaters adjacent to their subdivision situated along Timberneck and Cedarbush Creeks in Gloucester County.  The project is protested by a nearby property owner.

7.  RICHARD ZWEIFLER, #08-2241, requests authorization to construct a 14-foot by 24-foot open-sided boathouse over the boatlift at the existing private, non-commercial pier serving 976 Hurds Road in the Quail Run subdivision, situated along a cove tributary to the Eastern Branch of the Lynnhaven River in Virginia Beach.  The project is protested by an adjoining property owner and another neighbor.

8.  COLES POINT TAVERN LLC, #09-0116, seeks after the fact authorization to retain a 110 foot long by 10.5 foot wide deck with a 30 foot long by 10.75 foot wide roof attached to existing building, and a 115 foot long by 6 foot wide pier constructed below the 110 foot deck adjacent to property at Coles Point Tavern situated on the Potomac River appurtenant to the shore of Westmoreland County.  Project is protested by several nearby property owners.  

9.  MARK CROSSLAND, #09-0548, requests after the fact authorization to retain a 448 square foot, flat-roofed boathouse, an 18-foot by 26-foot L-head and a 41-foot by 15-foot deck (1,085 square feet of deck) adjacent to his property at 18336 Possum Point Road, situated along Quantico Creek in Prince William County. Continued from the September 22, 2009, Commission meeting.

10. ENFORCEMENT:  CLANCY HERR, #04-0992.  Show Cause hearing to discuss why Mr. Herr should not be found in violation of §§ 28.2-1203 and 28.2-1212 of the Code of Virginia for the construction of a 298-foot long pier without a permit from the Commission and in excess of that authorized by staff, at his property situated along Pungoteague Creek in Accomack County. 

11. PUBLIC COMMENTS

12. PUBLIC HEARING:  Proposal to amend 4 VAC 20-620-10 et seq.  "Pertaining to Summer Flounder" to open the late season offshore flounder fishery on the last Monday in November and to reduce the directed fishery landing limit and bycatch fishery landing limit.

13. PUBLIC HEARING:  Proposal to amend 4 VAC 20-252-10 et seq.  "Pertaining to the Taking of Striped Bass" to reduce the 2010 striped bass quota for the Chesapeake area and change the individual transferable shares penalties to be based on overages in pounds instead of percentages.

14. PUBLIC HEARING:  Proposal to amend 4 VAC 20-1190-10 et seq.  "Pertaining to Gill Net Control Date, Limited Entry and Transfers" to establish a gill net vessel limit. 

15. REQUEST FOR PUBLIC HEARING:  to amend 4 VAC 20-900-10 et seq.  "Pertaining to Horseshoe Crabs" to modify reporting requirements and reduce 2010 quota in response to 2009 overage. 

16. REQUEST FOR PUBLIC HEARING:  to amend 4 VAC 20-610-10 et seq.  "Pertaining to Commercial Fishing and Mandatory Reporting" and 4 VAC 20-670-10 et seq.  "Pertaining to Recreational Gear Licenses" to improve the harvest data collection process and implement an improved non-compliance process. 

17. REQUEST FOR PUBLIC HEARING:  to amend 4VAC20-20-10 et seq.  "Pertaining to the Licensing of Fixed Fishing Devices" concerning priority rights and fishing requirements.

18. DISCUSSION:  Conformity issues with spiny dogfish limited entry criteria.

19. DISCUSSION:  Request of NMFS to require modified leaders in pound nets year-round.

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

2A. UPPER OCCOQUAN SERVICE AUTHORITY, #09-1242, requests authorization to install 58 linear feet of 42 inch sanitary sewer force main beneath Bull Run and install a 73 foot by 60 foot permanent maintenance vehicle access across Cub Run as part of the UOSA Flat Branch Forcemain project in Fairfax County.

2B. LEESBURG SOUTH TRUST, #09-0824, requests authorization to construct a 160 foot long by 70 foot wide bridge above Tuscarora Creek, install riprap armoring around the pilings, and install a temporary construction crossing consisting of up to seven 54 inch culvert pipes as part of a commercial development in the Town of Leesburg in Loudoun County. Staff recommends a royalty in the amount of $22,400 for the bridge encroachment over 11,200 square feet of State-owned submerged land.

2C. TOWN OF ST. PAUL, #09-1245, requests authorization to install a 0.999 MGD diffuser outfall into the Clinch River to facilitate upgrades and expansion of an existing wastewater treatment plant in the Town of St. Paul. Recommend approval with our standard instream permit conditions and the agreement to conduct any necessary mussel and fish surveys/relocations and adhere to any instream work time-of year restrictions as recommended by the Department of Game and Inland Fisheries.

2D. JAMES CITY SERVICE AUTHORITY, #09-0475, requests authorization to install 315 linear feet of 12 inch diameter water line attached to a wooden utility bridge across an unnamed tributary to College Creek south of the Route 199 bridge in James City County.

2E. U. S. ARMY CORPS OF ENGINEERS, #09-1240, requests authorization to hydraulically place up to 75,000 cubic yards of sandy dredged material, per dredge cycle, from the maintenance dredging of the outer portion of the Onancock Creek Federal Navigation Channel into a 5,018 foot by 1,087 foot overboard placement site 2.5 miles west of the mouth of Onancock Creek in Accomack County.  The center of the placement site is located at 37º 43'14.286" N and 75º 53'31.220"W in approximately 12 feet of water at mean low water. 

2F. OCEAN MARINE, LLC, #09-1132, requests authorization to maintenance dredge on an as needed basis, up to 5,000 cubic yards of subaqueous material, per dredge cycle, to provide maximum depths of 11.4 feet at mean low water within two existing marina slip basins, 26.4 feet at mean low water within an existing syncrolift basin, and 11.4 to 17.4 feet at mean low water within an existing travel lift basin, adjacent to their facility situated along the Southern Branch of the Elizabeth River in the City of Portsmouth.  Staff recommends inclusion of the standard dredging conditions.

2G. CITY OF NORFOLK, #09-1253, requests authorization to dredge the natural portions of an existing unnamed creek/canal between North and South Blake Roads in the City of Norfolk.  The proposed project includes the maintenance dredging of approximately 1,405 cubic yards of subaqueous material to create maximum controlling depths of 3.5 feet at mean low water from within a 24 foot wide by approximately 1,030 foot long channel.  The proposed project also includes the installation of one green daybeacon at 36 53' 57.8"N, 76 16' 10.5"W and one red daybeacon at 36 54' 0.6"N, 76 16' 11.1"W to mark the channel's entrance from the North Branch of the Lafayette River.  Staff recommends inclusion of the standard dredging conditions and compliance with U.S. Coast Guard marking requirements.

2H. NORFOLK SOUTHERN CORP., #09-1359, requests authorization to replace their existing A 3.2 timber trestles crossing over Wayne Creek in the City of Norfolk, with a 37 foot wide, steel pile supported, concrete cap and girder, double track trestle, crossing over approximately 156 linear feet of Wayne Creek in the same alignment as the existing timber trestles.  Staff recommends the assessment of a royalty in the amount of $11,544.00 for the encroachment over 5,772 square feet of State owned submerged land at a rate of $2.00 per square foot.

2I. JOSEPH KUBIAK JR., 09-1051, requests authorization to install 205 linear feet timber replacement bulkhead aligned a maximum two (2) foot channelward of a failing bulkhead and a 30 foot low profile timber groin adjacent to his property situated along the Little Wicomico River in Northumberland County.  Staff recommends a royalty of $440.00 for the encroachment and fill over State-owned submerged lands.


PAGE 3 ITEMS Consent Agenda Items.

None planned 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.