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COMMISSION AGENDA MARCH 22, 2005

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. GAPS MARINA, #02-0408. Continuation of the public hearing for repair and replacement of an existing, previously undocumented 26-slip commercial marina adjacent to property situated along Slough Creek in Northumberland County. The project is protested by adjacent property owners.

5. SLOOP POINT, LLC, #04-2559, requests authorization to construct a 75-foot long by 6-foot wide community pier extension with two (2) 10-foot long by 5-foot wide finger piers and 13 mooring piles to create five (5) additional wet slips, and to construct a 75-foot long vinyl sheet-pile bulkhead and quarry stone breakwater to protect the slips and install 145 linear feet of vinyl sheet-pile replacement bulkhead at an existing community marina facility at the Sloop Point development at the confluence of Mulberry Creek and the Rappahannock River in Morattico, Lancaster County. The project is protested by three nearby residents.

6. CITY OF NORFOLK, #04-1403, requests authorization to dredge, by clamshell method, a maximum of 28,500 cubic yards of State-owned submerged land to create a 6,400 foot long channel with widths varying between 25 and 40 feet and possessing maximum depths of minus five (-5) feet below mean low water, and permission to maintenance dredge up to a maximum of 15,000 cubic yards of subaqueous material on an as-needed basis, adjacent to properties situated along the western shore of Broad Creek in Norfolk. The project is protested by several local residents.

7. DAVID EBERWINE, #03-0107, requests authorization to construct a 14-foot by 14-foot octagonal gazebo at the end of an existing pier adjacent to the applicants property situated along Bennett Creek, a tributary to the Nansemond River in the City of Suffolk.

8. WALTER HODGES, #03-2515, requests authorization to dredge 1,624 cubic yards of subaqueous material to create a 170-foot long by 20-foot wide access channel and a 122-foot long by 106-foot wide boat basin with a 29-foot by 35-foot spur possessing maximum depths of minus five and a half feet (-5.5') at mean low water; construct a 215- foot long by 6-foot wide open-pile private pier with a 42-foot long by 8-foot wide T- head; 40-foot long by 4-foot wide finger pier; a 30-foot long by 4-foot wide finger pier; a 34-foot long by 32-foot wide open-sided dual slip boathouse, and a 42-foot long by 21-foot wide open-sided single slip boathouse, adjacent to his property situated along the Western Branch of the Elizabeth River in Portsmouth.

9. HENRICO COUNTY DIVISION OF RECREATION AND PARKS, #04-2253, requests authorization to construct an open-pile timber pier with an enclosed, three-slip boathouse and storage/office area for use by the Henrico County Police and Fire Departments at their property situated along the James River adjacent to Osborne Park.

10. WILLIAM CAGE, #04-1605, requests after-the-fact authorization to retain a storage shed and hot tub that were illegally constructed on his existing pier, and authorization to add an additional 16-foot by 15-foot deck area to the existing pier adjacent to his property situated along the Western Branch of the Elizabeth River in Portsmouth. The project is protested by an adjacent property owner.

11. DAVID CONNITO, #04-0841, requests authorization to construct two (2) 4-foot by 16-foot catwalk piers and boatlifts, and a 10-foot by 16-foot floating dock addition to his open-pile private pier along the Nansemond River in the City of Suffolk.

12. ARNOLD L. WHITE, #04-2083, requests authorization to place a 14-foot 6-inch tall, illuminated, wooden lighthouse replica atop a pre-existing duck blind platform as a private aid to navigation adjacent to his property situated along Palmer Cove, an embayment of the South Yeocomico River, in Northumberland County.

13. PUBLIC COMMENTS

14. Public Hearing: Proposed amendments to 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to repeal the closed recreational fishery season for 2005.

15. Public Hearing: Proposed placement of cownose ray excluder fences on Public Grounds 13, 14 and 21 in the Great Wicomico River as part of the oyster restoration activities of the VMRC, ACOE, VIMS and CBF.

16. Public Hearing: Request of the Virginia Seafood Council to place overboard one million triploid Crossastrea ariakensis oysters to determine the feasibility of culturing the oysters to market size in 12 months.

17. Failure to properly report commercial harvest in accordance with Regulation 4 VAC 610-10 et seq.

18. Requests for emergency and future regulations to support alternatives contained in a proposed NMFS Rule pertaining to bottlenose dolphin and sea turtle conservation.

19. DISCUSSION: Request from the summer flounder industry to extend the safe harbor provision of Regulation 4 VAC 20-620-10 et. seq. to the Virginia portion of the Intracoastal Waterway.

20. BLACK DRUM: Requests for exceptions to the limited entry criteria.

21. REPEAT OFFENDER


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

2A. PACK FAMILY LIMITED PARTNERSHIP, #04-2454, requests authorization to install and backfill up to 322 linear feet of fiberglass bulkhead; construct a 20-foot by 320-foot marginal wharf adjacent to the proposed bulkhead; construct new floating piers and finger piers to create 24 wetslips for boats up to 50 feet in length, one (1) slip for a boat up to 100 feet in length, and 12 transient slips; and install up to 14 new pilings up to ten feet channelward of existing piles at slips 2-14 to accommodate larger vessels. All proposed activities are at and adjacent to their existing marina/restaurant/hotel facility along the Pagan River in the Town of Smithfield.

2B. DOMINION VIRGINIA POWER, #04-2685, requests authorization to install by directional drill, embedment plow and direct burial, a new 35 Kv electric power transmission cable under the Nansemond River in the City of Suffolk.

2C. DEPARTMENT OF THE ARMY, #04-2889, requests authorization to install by directional drilling, approximately 175 linear feet of 8-inch diameter waterline crossing of Dogue Creek, adjacent to U.S. Army Garrison, Fort Belvoir in Fairfax County.

2D. WASHINGTON COUNTY SERVICE AUTHORITY, #02-1007, requests authorization to construct a 12 MGD raw water intake, previously authorized by VMRC Permit #91-0420, on the South Fork Holston River Reservoir near its confluence with the Middle Fork Holston River in Washington County. The intake structure will be equipped with a coarse bar and 1-mm mesh screens and operated with a 0.25 fps maximum approach velocity. Recommend approval contingent on the aforementioned design criteria, standard instream permit conditions and the completion of a three-year impingement and entrainment study, acceptable to the Department of Game and Inland Fisheries, for the purpose of monitoring impacts of the intake design on existing aquatic populations. The intake structure is to be marked in accordance with TVA regulations to minimize navigation impacts.

2E. DOMINION TERMINAL ASSOCIATES, #04-2850, requests authorization to construct a 15-foot wide by 420-foot long addition and a 65-foot wide by 610-foot long addition to an existing 1,060 foot long concrete pier to facilitate installation of a new conveyor belt and traveling hoppers necessary to accommodate self-unloading vessels and bulk carriers at their existing facility on the James River in Newport News.

2F. JAMESTOWN-YORKTOWN FOUNDATION, #04-2280, requests authorization to maintenance dredge approximately 9,000 cubic yards and 13,000 cubic yards of new material to provide maximum project depths of minus 17 feet MLW in the basin/inner channel area and minus 19 feet MLW in the outer channel area of Jamestown Settlement Park situated along the James River in James City County. The applicant proposed to place all of the dredged material in an unconfined manner in a previously used area of the James River just downstream. Recommend a one-time approval for this dredging contingent on a time of year restriction that prohibis any overboard disposal between February 15 through June 30 to protect anadromous fish species.

2G. DICKENSON COUNTY BOARD OF SUPERVISORS, #05-0179, requests authorization to construct a 200-foot long by 4-foot wide suspension bridge across the Pound River and a 55-foot long by 4-foot wide timber truss bridge across Cane Branch to facilitate construction of the Haysi-Breaks Trail in Dickenson County.

2H. VIRGINIA COMMONWEALTH UNIVERSITY, #04-2266, requests authorization to construct a 10-foot wide by 161-foot long open-pile timber pier with two (2) 1,476 square foot partially-enclosed, three slip boathouses, a 12-foot wide by 24-foot long floating research platform and a 705 square-foot T-head dock for use by the Virginia Commonwealth University Life Sciences program and the Department of Game and Inland Fisheries Law Enforcement and Fisheries programs at property situated along the James River approximately one mile downstream of the Benjamin Harrison Bridge in Charles City County.

2I. DOGWOOD, L.L.C., #04-1363, requests authorization to install a 37-foot by 60-foot clear span bridge over Falls Run, a tributary to the Rappahannock River, to serve as the main entrance into the Carriage Hills at Falls Run subdivision in Stafford County. The bridge will span approximately 20 feet of State-owned subaqueous bottom and remain a minimum of 15 feet above ordinary high water.

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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