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AGENDA JANUARY 22, 2008

** 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. VININGS MARINE GROUP, LLC, #07-1161. Commission review on appeal by 32 Norfolk freeholders of the December 12, 2007, decision by the Norfolk Wetlands Board to approve a proposal to install 110 linear feet of riprap revetment and 123 linear feet of bulkhead, and to fill tidal wetlands to facilitate a planned upland residential development project situated along Fisherman's Cove (Little Creek) in the City of Norfolk.

6. JBH LLC, #07-1948, requests authorization to retain a 180-foot long by 5-foot 10-inches wide private, non-commercial pier with a 40-foot by 20-foot covered platform, a 12-foot 10-inches by 3-foot ramp over a 6-foot by 5-foot platform leading to a 14-foot by 16-foot 8-inches by 14-foot floating platform and a 10-foot by 12-foot floating platform adjacent to property at 475 Wind Mill Point Road situated along the Back River in Hampton.

7. GREGORY GARRETT, Notice of Violation # 07-24. Commission consideration of a violation of 28.2-1203 of the Code of Virginia involving the unauthorized dredging of State-owned subaqueous land from an unnamed cove contiguous to The Thorofare at 122 Sandbox Lane in York County. Continued from the November 27, 2007, meeting.

8. REBECCA L. JONES, #07-1591, requests after-the-fact authorization to retain a 16-foot by 16-foot enclosed pier-house and authorization to construct a 24-foot by 16-foot open-sided boathouse on the channelward side of the pier-house at her private pier situated along Mill Creek in Middlesex County.

9. SHERWOOD FOREST SHORES PROPERTY OWNERS ASSOCIATION, #06-1141, requests authorization to construct a 7-foot long by 21-inch wide, 37 inch high, uncovered fish cleaning station adjacent to the Association's existing community pier situated along the Little Wicomico River in Northumberland County. The project is protested by both adjacent property owners.

10. JOHN MEEKINS AND ERIC WELLER, OYSTER PLANTING GROUND APPLICATION, #07-055. Application for oyster planting ground within the Lynnhaven River. The application is protested by Mr. Mark Sanford.

11. SHELLFISH GROUND WITHIN BROAD BAY PREVIOUSLY DESIGNATED AS NON-LEASABLE BY THE COMMISSION. In February of 1984, the Commission designated a 19.08 acre area within Broad Bay, in the City of Virginia Beach, as non-leasable for a term of 5 years with the option that it could be reviewed again at some point in the future. On April 4, 1989, Staff presented the area to the Commission for review. The Commission again set the area aside for another five year term. When that term expired in 1994, it appears the Chief Engineer, by memo, set the area aside for an indeterminate period of time. Request the Commission reaffirm this decision and agree to set-aside the area as public ground indefinitely.

12. PUBLIC COMMENTS.

13. PUBLIC HEARING: Amendments to Regulation 4VAC20-530, "Pertaining to American Shad,"  to eliminate the by-catch fishery for American Shad in the spawning areas, to comply with the provisions of the Interstate Fishery Management Plan.

14. PUBLIC HEARING:    Consideration of an industry proposal to reopen the James River Hand Scrape Area and Thomas Rock Hand Scrape Area for the harvesting of oysters in February and March, 2008.

15. PUBLIC HEARING: Amendments to Regulation 4VAC20-320, "Pertaining to the Taking of Black Drum",  to allow the use of small mesh gill nets in the Management Area.

16. PUBLIC HEARING: Amendments to regulation 4VAC20-1040, "Pertaining to Crabbing Licenses",  to establish a control date of December 17, 2007, to serve as a basis in the development of future crab regulations.

17. PRESENTATION  of the report of the scientific review of Virginia's blue crab management plans and regulations.

18. REQUEST  of the Fishery Management Division and Army Corps of Engineers to set aside from leasing certain areas of the Lynnhaven River for the purposes of native oyster restoration.

19. Procurement procedures  for the 2008 American Shad Restoration Program.

20. Cases concerning failure to comply with the provisions of the Striped Bass Regulation.   

21. Use of Gill Nets on ocean side of Eastern Shore:   request for public hearing on requirements to attend nets while fishing or to retrieve nets before returning to the dock.

22. Summer Flounder:   request for public hearing to establish management measures for the 2008 recreational fishery.

23. Black Sea Bass:   request for public hearing to establish management measures for the 2008 commercial fishery.

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

2A. CHESTERFIELD COUNTY UTILITIES, #07-2282, requests authorization to replace an existing 12-inch water line with a new 16-inch ductile iron water line, by open trench method, to include stream bed riprap stabilization within Kingsland Creek in Chesterfield County.

2B. LINWOOD HANBURY, ET AL, #07-1546, request authorization to dredge up to 4,066 cubic yards of State-owned subaqueous bottomland within an unnamed cove of Bennett Creek, a tributary to the Nansemond River in the City of Suffolk adjacent to properties within the Bennetts Creek Harbor subdivision along Old Wharf Road. Recommend a royalty of $1,829.70 at a rate of $0.45 per cubic yard.

2C. PALMER AND PALMER LLC, #06-1722, requests authorization to install a 75-foot long by 20-foot wide breakwater, a 80-foot long by 20-foot wide breakwater, and place 550 cubic yards of sandy material landward of the breakwaters as beach nourishment adjacent to their property situated along the James River in James City County. Recommend a royalty of $356.95 for the placement of beach quality sand over 7,139 square feet of State-owned submerged bottom at a rate of $0.05 per square foot.

2D. HAMPTON ROADS TRANSIT, #06-0441, requests authorization to modify their previously authorized permit to include an additional road crossing of Holt Channel resulting in 1,471 square feet of impacts to State-owned submerged land as a result of construction of the Norfolk Light Rail in Norfolk.

2E. DAN ROSINSKI, ET AL, #07-0955, requests authorization to mechanically dredge 2,256 cubic yards of State-owned subaqueous bottom to provide maximum depths of minus five (-5) feet below mean low water adjacent to 66, 68, and 70 Chowning Drive in the Colonial Acres Subdivision situated along Long Creek in Hampton. Recommend a royalty of $902.40 for the new dredging of 2,256 cubic yards of State-owned subaqueous bottom material at a rate of $0.45 per cubic yard.

2F. UPPER OCCOQUAN SEWAGE AUTHORITY, #07-1765, requests authorization to replace 260 linear feet of existing gravity sewer requiring multiple crossings of Flatlick Branch and to remove and replace three (3) existing fords resulting in impacts to 242 square feet of Cub Run and Flatlick Branch as part of the Cub Run Gravity Delivery System Upgrade in Fairfax County.

2G. ALLEGHANY COUNTY PUBLIC WORKS DEPARTMENT, #07-1752, requests authorization to remove and replace an existing bridge and construct a new 26-foot 4-inch wide by 300-foot long, two lane bridge on Fork Farm Road (Route 727) crossing over 187 linear feet of the Jackson River in the Town of Iron Gate, Botetourt County. In addition, separate temporary detour and work bridges are proposed to be constructed on the upstream side of the project site and will be removed immediately after the bridge replacement project is finished.

2H. THREE TUNNELS INVESTMENTS, LLC, #07-2196, requests authorization to construct two (2) 26-foot wide clear span bridges, the first crossing over approximately 55 linear feet of Dunlap Creek and the second crossing over approximately 55 linear feet of Jerry's Run, associated with the Three Tunnels development project in Alleghany County. Recommend the assessment of a royalty in the amount of $2,860.00 for the bridges' encroachments over 2,860 square feet of State-owned subaqueous bottom at a rate of $1.00 per square foot.

2I. BRISTOL VIRGINIA UTILITIES, #08-0007, requests authorization to remove approximately 3,600 cubic yards of bottom material adjacent to and within their existing raw water intake on the South Holston Lake Reservoir in Washington county to ensure a safe drinking water supply to area residents.

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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