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AGENDA September 23, 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. CLARK CRIPPEN, #08-1179, request for Commission reconsideration of the August 26, 2008, decision to approve his after-the-fact request contingent on his agreement to pay a $600.00 civil charge.

6. MR. AND MRS. LEO BUTTERBAUGH, #08-1426, request for Commission reconsideration of the August 26, 2008, decision to approve their after-the-fact request contingent on their agreement to pay a $600.00 civil charge.

7. WATERVIEW LANDING, LLC, #08-0534. Commission review on appeal by 31 Middlesex County freeholders of the August 12, 2008, decision by the Middlesex County Wetlands Board to approve a revised proposal to construct an 8 foot wide by 210 foot long community pier with a 6 foot wide by 40 foot long pier head and a 41 foot long canoe and kayak launching platform adjacent to their property situated along Harry George Creek in Middlesex County.

8. POQUOSON MARINA ASSOCIATES, LLC, #07-1569, requests authorization to redevelop the existing Poquoson Marina by replacing and reconfiguring the existing piers, constructing five additional piers, and dredging approximately 28,200 cubic yards of subaqueous material to establish maximum depths ranging from minus five (-5) to minus seven (-7) feet at mean low water, in order to create a 164-slip commercial marina adjacent to their property situated along White House Cove in the City of Poquoson. The proposed project will also include the installation of approximately 2,895 linear feet of bulkhead to replace existing deteriorated bulkheads and rubble/riprap revetment. The project is protested by several residents and oyster planting ground leaseholders.

9. ROCKETTS LANDING, #06-0326, requests authorization to install 2,218 linear feet of riprap revetment, and construct a floating debris/ice deflector and an 89 wet slip floating marina with fuel dock at their property situated along the James River in the City of Richmond and Henrico County. Both Wetlands and Subaqueous permits are required.

10. MAGNOLIA GREEN DEVELOPMENT, LLC, #08-0260, requests authorization to install a 42-inch intake pipe, with a 5 foot by 7 foot intake screen within Blackman Creek, near Otterdale Road, to be used for supplemental irrigation at the Westham Golf Club within the development in Chesterfield County. The project is protested by two nearby property owners.

11. JIM STANTON, #07-1696, requests authorization to construct a 14-foot wide by 40- foot long, single-slip, open-sided boathouse, onto his recently constructed private, non- commercial pier adjacent to his property situated along the Western Branch of the Elizabeth River in the City of Portsmouth. The project is protested by an adjacent property owner and several nearby property owners.

12. RANDOLPH T. WELLS, #07-1024, requests authorization to construct an 8 foot wide private pier extending 825 feet channelward of mean low water with a 23 foot by 50 foot open deck area, an 8 foot by 24 foot golf cart passing area, a 7 foot by 38 foot L head, two (2) 7 foot by 30 foot finger piers, two (2) 5 foot by 30 foot finger piers, four (4) uncovered boatlifts, three (3) personal watercraft davits, a 19 foot by 50 foot wet slip area, and five additional free standing mooring piles adjacent to his property situated along the North River at 9774 Anchorage Lane near Lone Point in Gloucester County. The project is protested by two nearby property owners.

13. RICHARD GREEN, OYSTER PLANTING GROUND APPLICATION, #2008-035. Applicant is requesting to lease 215.37 acres of oyster planting ground within the James River near the James River Bridge in the City of Newport News. The application is protested by Mr. George Marshall, who also provided a petition with 42 signatures of watermen requesting that the area not be leased, and further, that the Commission set the area aside as additional public ground.

14. ENFORCEMENT ACTION: Commission review of information indicating possible permit violations by the Department of Transportation and their contractor related to the construction of the new Chincoteague and Black Narrows Channels Bridge in Accomack County.

15. ENFORCEMENT ACTION: Commission consideration of John Alvey's apparent role in recent unauthorized dredging in Neabsco Creek at Neabsco Properties Inc., located at 16127 Neabsco Road in Stafford County.

16. PUBLIC COMMENTS

17. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-720-10 et seq. , "Pertaining to Restrictions on Oyster Harvest" to establish harvest seasons for the 2008/09 fishery and to make permanent Emergency Chapter 4VAC20-720-106. "Public Health and Warm Water Harvest Restrictions."

18. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-620-10 et seq., "Pertaining to Summer Flounder" to establish the commercial harvest seasons, trip limits, and landing periods, and to repeal possession limits.

19. REQUEST FOR PUBLIC HEARING (SCUP): to establish landing limits for the commercial fishery during the Winter II period.

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

2A. FOREST LODGE, LLC, #08-0072, requests authorization to construct two (2) span bridge road crossings, four (4) elevated trail crossings, and two (2) 12-inch diameter submerged sanitary sewer lines by open-trench method, each crossing Biscuit Run at separate locations, associated with the Biscuit Run mixed-use development project in Albemarle County. Staff recommends inclusion of our standard in-stream permit conditions and the assessment of a royalty in the amount of $8,145.00 for the road and trail crossing encroachments over 7,755 square feet of State owned submerged land at a rate of $1.00 per square foot, and the sewer lines' encroachment beneath 130 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

2B. WINCOFA-GGP, LLC and WINCOFA-FRP, LLC, #08-0749, requests authorization to construct a pier supported bridge crossing over approximately 162 linear feet of the Cowpasture River, adjacent to their property in Bath County. The proposed project will include the temporary installation of causeways from each bank to accommodate construction of the proposed bridge. Staff recommends a time-of-year restriction, which precludes all in-stream work from May 15th through July 31st to minimize impacts to the federal Endangered James spinymussel, and that the applicant be required to coordinate with the Department of Game and Inland Fisheries and the U.S. Fish and Wildlife Service with regards to mussel surveys and relocations. Staff further recommends the assessment of a royalty in the amount of $2,301.00 for the encroachment over 2,301 square feet of State-owned subaqueous bottom at a rate of $1.00 per square foot.

2C. CITY OF ROANOKE, #08-1389, requests authorization to replace a 26-foot wide by approximately 120-foot long section from the middle of an existing low-water bridge, which crosses the Roanoke River at Wiley Drive in the City of Roanoke. Staff recommends a time-of-year restriction, which precludes all in-stream work from March 15th through June 30th to minimize impacts to the federal Endangered Roanoke logperch and state threatened orangefin madtom.

2D. ALLEGHANY COUNTY PUBLIC WORKS DEPARTMENT, #07-1752, requests a modification to an existing permit to now construct a temporary 18-foot wide, pier supported detour bridge crossing over approximately 165 linear feet of the Jackson River, along with the temporary installation of a solid fill construction causeway which will extend a maximum of 110 feet in to the Jackson River from its east bank. The proposed causeway will have an approximate 30-foot base width, and will include five (5) 48-inch diameter and five (5) 36-inch diameter culverts to accommodate river flow through the causeway. These modifications are proposed as substitutes for the previously authorized detour bridge/causeway and construction bridge/trestle related to the replacement of the existing Fork Farm Road (Route 727) bridge, which crosses the Jackson River near the Town of Iron Gate in Botetourt County.

2E. FULCO DEVELOPMENT, INC, #08-0630, requests authorization to construct three (3) 5-foot wide, open-pile, private, non-commercial, joint-use piers, extending between 90 and 170 feet channelward of mean low water, each with an 8-foot by 40-foot T-head platform, two (2) 4-foot wide by 30-foot long finger piers, and two (2) boat lifts, adjacent to the planned River's Edge Landing subdivision situated along Broad Creek in the City of Norfolk. Each of the proposed piers will be shared between two adjacent, riparian lots in lieu of private piers on six individual lots.

PAGE 3 ITEMS Consent Agenda Items.

3A. BLUNT MANAGEMENT, L.L.C., #08-0275, requests after-the-fact authorization to retain an approximate 20-foot by 42-foot single story enclosure over an authorized deck and a 12.5-foot by 44-foot deck attached to the main restaurant adjacent to property at 11 Monroe Bay Avenue situated along Monroe Bay in Westmoreland County. The applicant has agreed to the payment of a $1,200.00 civil charge and triple permit fees of $300.00 in lieu of further enforcement action.

3B. DEBRA DRIVER, #08-1195, requests after-the-fact authorization to retain a 76 linear foot timber bulkhead adjacent to her property at 114 Shady Cove Lane situated along Aquia Creek in Stafford County. The applicant has agreed to the payment of a $600.00 civil charge and triple permit fees of $300.00 in lieu of further enforcement action.

3C. JEFFREY MCWATERS, #05-0504, requests after the fact authorization for a 5-foot wide by 163-foot long private, noncommercial, open-pile pier with a 10-foot by 50-foot L-head, an uncovered boat lift, a 5-foot wide finger pier, and associated mooring piles for water access, adjacent to his property in the Linkhorn Oaks subdivision, situated along Linkhorn Bay in Virginia Beach. A draft permit was mailed for execution in July of 2005. The final permit documents and permit fee were never returned, however, so the permit was never issued. The applicant has agreed to the payment of a $600.00 civil charge and a triple permit fees of $300.00 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.

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