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AGENDA July 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. COMPTON AND ASSOCIATES, #06-1000. Commission review, on appeal by the applicant, of the March 20, 2008, decision by the Suffolk Wetlands Board to deny the applicants' request for after-the-fact authorization to retain multiple previously installed floating piers and previously constructed pier and deck structures, as well as requesting after the fact authorization to retain an enclosed expansion of an existing restaurant at the applicants' marina/restaurant facility situated at the terminus of Ferry Road, along Bennetts Creek, a tributary to the Nansemond River. The applicant also requested and was denied authorization to install additional floating pier sections. Project deferred from the May 27, 2008, meeting.

6. COMPTON AND ASSOCIATES, #06-1000, requests after-the-fact Commission authorization to retain multiple previously installed floating piers and previously constructed pier and deck structures, as well as after-the-fact authorization to retain an enclosed expansion of an existing restaurant at the applicants marina/restaurant facility situated at the terminus of Ferry Road, along Bennetts Creek, a tributary to the Nansemond River in the City of Suffolk. The applicant also requests authorization to install additional floating pier sections. The project is protested by a nearby landowner and oyster ground leaseholder. Project deferred from the May 27, 2008, meeting.

7. HAMPTON DEPARTMENT OF ENGINEERING, #07-2686, requests authorization to remove approximately 23 cubic yards of accumulated material from Sunset Creek, place approximately 20 tons of bedding stone, and install a 20-foot by 20-foot articulated concrete mat at the channelward end of the Sunset Creek boat ramp in Hampton. The project is protested by an adjacent property owner.

8. JACKSON CREEK HARBOUR CONDOMINIUMS, #08-0719, requests authorization to install uncovered boatlifts in four (4) existing slips at the condominium association's existing pier adjacent to their property situated along Jackson Creek off Oyster Shell Road in Middlesex County. The project is protested by an adjoining property owner.

9. GREGORY GARRETT, #07-1883, requests authorization to construct five Class III quarry stone breakwaters totaling 350 linear feet, place 2,910 cubic yards of beach nourishment material and install seven warning signs at his property situated along the Thorofore in York County. The project is protested by an adjoining property owner.

10. RICHARD CONKLIN, #05-0897, requests after the fact authorization to retain two (2) additional finger piers, twelve (12) additional mooring piles and relocate two (2) boats slips on his existing community pier along Chincoteague Channel at "The Landings" in the Town of Chincoteague, Accomack County. Mr. Conklin also requests to retain one boat slip on the south side of the adjacent motel pier. This slip was to be removed prior to the completion of the community pier.

11. GEORGE H. MARSHALL AND GENE BROWN, II, OYSTER PLANTING GROUND APPLICATION, #2008-012. Applicant's request to lease approximately 11.90 acres of oyster planting ground within the James River adjacent to the Jail Island Clean Cull Area in the City of Newport News. The application is protested by an adjacent oyster ground leaseholder, Mr. John DeMaria.

12. DISCUSSION: Criteria for the definition of existing beds of submerged aquatic vegetation and the delineation of areas where there is potential for submerged aquatic vegetation restoration and conditions for SAV protection in Regulation 4 VAC 20-335, pertaining to on-bottom shellfish aquaculture activities.

13. PUBLIC COMMENTS

14. PUBLIC HEARING: Proposed Regulation 4VAC20-1150, "Pertaining to Charter Boat and Head Boat Fisheries", to establish a control date of June 24, 2008.

15. PUBLIC HEARING: Proposed Amendments to Regulation 4VAC 20-910, "Pertaining to Scup", to establish the 2008 commercial harvest quota of 2,887 pounds.

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

2A. CSX TRANSPORTATION, #08-0929, requests authorization to install a 12' x 12' x 80' replacement concrete culvert, reline 352 linear feet of a second culvert with a 9' diameter steel plate metal pipe and install riprap splash aprons to maintain railroad culvert access across Jordans Branch at the CSX Acca Yard in Henrico County. Recommend approval based on a royalty of $4,800.00 for the encroachment of the culvert over 960 square feet of State-owned subaqueous land at a rate of $2.00 per square foot.

2B. HANOVER COUNTY DEPARTMENT OF PUBLIC UTILITIES, #08-0902, requests authorization to install a submerged sewer line beneath 30 linear feet of Oppossum Creek at two locations, 30 linear feet of Totopotomoy Creek at two locations and 15 linear feet of Strawhorn Creek at one location to provide sewer service to area residents in the Shady Grove Road area of Hanover County. Recommend approval with our standard instream permit conditions.

2C. VIRGINIA INSTITUTE OF MARINE SCIENCE, #08-0964, requests authorization to construct a concrete pier extending approximately 350 feet channelward of mean high water with a 16-foot, 3-inch wide by 23-foot long pumphouse located near the channelward end and a concrete caisson to house a water intake structure designed to provide raw seawater for the Seawater Research Laboratory adjacent to their property situated along the York River off Greate Road in Gloucester County. Upon completion of the new pier, the existing "Oyster Pier" and "Ferry Pier" are scheduled to be removed.

2D. NORFOLK SOUTHERN CORPORATION, #08-0573, requests authorization to install 391 linear feet of replacement steel sheet-pile bulkhead, to install new fender pile clusters on the channelward side of the proposed bulkhead, and to re-work an existing riprap drainage swale, adjacent to Piers L and N at Lamberts Point Docks situated along the Elizabeth River in the City of Norfolk.

2E. ROUTE 28 CORRIDOR IMPROVEMENTS LLC, #07-1576, requests authorization to modify their previously authorized permit to include additional impacts to 2,158 square feet of Horsepen Run as a result of the Route 28 Frying Pan Road interchange project in Fairfax County. Staff recommends a royalty in the amount of $2,158.00 for the encroachment over 2,158 square feet of State owned subaqueous bottom.

2F. U.S. COAST GUARD, #08-0986, requests authorization to install a 4-foot by 30-foot aluminum gangway leading to an 8-foot by 80-foot concrete floating dock adjacent to the U.S. Coast Guard Station to provide docking facilities for response boats within the Naval Amphibious Base Little Creek, situated along Little Creek in Virginia Beach.

PAGE 3 ITEMS Consent Agenda Items.

3A. ARLINGTON COUNTY DEPARTMENT OF PUBLIC WORKS, #08-0987, requests after-the-fact authorization for repairs to exposed, existing 48-inch diameter sanitary sewer in Four Mile Run including encasing the pipe with concrete and riprap near the Glebe Road/Route 120 exit of I-395 in the City of Alexandria. After installation the streambed was returned to its original grade and conditions. The applicant has agreed to a civil charge in the amount of $600.00 and triple permit fees.

3B. LARRY SLIPOW, #05-2490, requests after-the-fact authorization for the installation of approximately 401 linear feet of riprap, the toe of which extends a maximum of 8 feet channelward of mean low water and the existing concrete bulkhead, adjacent to his property in the Birdneck Point subdivision, situated along Linkhorn Bay in Virginia Beach. The applicant has agreed to pay triple permit fees ($300.00) and a civil charge of $600.00. The agent, Waterfront Consulting, Inc., has also agreed to pay a $600.00 civil charge, and the contractor, Spence Marine Construction Inc., has agreed to pay a $1,200.00 civil charge for installing the revetment without Commission authorization.

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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