COMMISSION AGENDA

AGENDA December 16, 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. CAROL DAVIDSON REGAN, #08-1349. Commission review on appeal by 26 Norfolk freeholders of the October 8, 2008, decision by the Norfolk Wetlands Board to approve a proposal to impact and fill vegetated tidal wetlands to accommodate the construction of a single-family residence, private driveway, utilities, and a 5-foot wide by 35-foot long, elevated walkway, adjacent to her undeveloped, non-riparian property situated along Edgewater Haven in the City of Norfolk.

6. GREGORY N. PACKETT, #08-1262, requests authorization to construct a 16-slip community dock at his property situated along Totuskey Creek in Richmond County. The project is protested by several property owners.

7. HAMPTON PARKS AND RECREATION, #08-1542, requests authorization to remove and replace the existing Sunset Creek boat ramp with a 32-foot wide by 100-foot long concrete, dual access ramp extending to minus five (-5) feet below mean low water with two 6-foot wide by 90-foot long timber access piers, dredge approximately 50 cubic yards of built-up material at the end of the existing ramp, and install a 5-foot wide Class I riprap toe protection at the end of the proposed ramp adjacent to City property situated along Sunset Creek.

8. STEVEN C. WANN, #08-1360, requests authorization to construct a private, noncommercial, open-pile pier with an uncovered boatlift, a 5-foot by 10-foot elevated platform to support two solar panels, and a 10-foot by 30-foot pier head extending 568 feet channelward of mean high water adjacent to his property situated along the Severn River at 9607 Glass Road in Gloucester County. The project is protested by several nearby property owners.

9. DEEP CREEK LANDING MARINA, #08-1866, requests authorization to remove two existing fixed piers and replace them with an 8-foot wide by 111-foot long floating pier with a 10-foot by 20-foot platform, a 4-foot by 15-foot ramp, an 8-foot by 50-foot T-head platform, and four 4-foot wide finger piers with 9 boat slips and an 8-foot wide by 136-foot long floating pier with a 10-foot by 15-foot platform, a 4-foot by 15-foot ramp, an 8-foot by 50-foot T-head platform, and 5 4-foot wide finger piers with 10 boat slips; and install a new 8-foot by 45-foot floating platform with a 3-foot by 15-foot aluminum ramp at their fuel dock at their property located at 200 Old Marina Lane situated along Deep Creek in Newport News. The Marina has asked for Commission consideration of a reduced royalty assessment for the increase in square footage of State-owned bottom to be encumbered.

10. CITY OF HOPEWELL, #08-1648, requests authorization to construct a 5-foot by 100-foot open-pile public pier to include a ten-foot by sixteen-foot T-head at a City-owned park located at 205 Appomattox Street along the Appomattox River in the City of Hopewell. The project is protested by an adjacent property owner and another city resident.

11. KENT FARMER, #08-1640, requests authorization to install a 10-foot wide by 36-foot long by 8-inch thick reinforced concrete boat ramp and two (2) 36-foot long low profile timber retaining walls adjacent to his property situated along the Rappahannock River in Caroline County. Both Wetlands and Subaqueous permits are required.

12. PUBLIC COMMENTS

13. REGULATION 4VAC20-1180-10 et seq.: ”Pertaining to Fishing Guide Licenses,” Final Approval.

14. REQUEST FOR PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-270, to remove the prohibition on the setting of fish pots, March12-16, in the Potomac River tributaries.

15. REQUEST FOR PUBLIC HEARING: Industry request to establish a control date for the gill net fishery.

16. CASES CONCERNING FAILURE TO REPORT COMMERCIAL HARVEST

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

2A. VERIZON VA., INC., #08-1891, requests authorization to install by directional bore method a 6-inch plastic conduit (approximately 630 feet long) for fiber optic and copper cables under Chincoteague Channel from Marsh Island to the Chincoteague Town dock and boat ramp area in the Town of Chincoteague. The conduit will be buried a minimum of 20 feet below the channel bottom. Staff recommends the assessment of a royalty in the amount of $1,155.00 for the encroachment over 385 linear feet of State-owned subaqueous bottom at a rate of $3.00 per square foot.

2B. JACK COLLINS, #03-2064, requests reactivation and extension of his permit which the Commission approved on January 25, 2005, and which authorizes the construction of a ten-foot wide by 60-foot long steel and timber single-span bridge across Wolf Creek, with two (2) concrete footers, to connect an easement over land belonging to Mr. Harry Thompson, adjacent to SR 642 in Bland County. Recommend approval with a new expiration date of January 31, 2011.

PAGE 3 ITEMS Consent Agenda Items.

3A. HONEYWELL HOPEWELL PLANT, #08-0431, requests authorization to maintenance dredge up to 40,000 cubic yards of State-owned subaqueous bottomland, within the James River adjacent to the applicant's industrial operation at 905 East Randolph Road in the City of Hopewell. The dredged material is to be deposited in a previously used overboard disposal site directly across the river from the plant site.

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.