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AGENDA January 27, 2009

**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 SESSION.  

5.         POTOMAC TIMBER INVESTMENTS #227, LLC, #08-1123, requests authorization to redevelop the Urbanna Yachting Center Marina at their property situated along Urbanna Creek at 15 Watling Street in the Town of Urbanna .  The proposed redevelopment includes the demolition of the northern boathouse and the demolition of most of the southern boathouse, as well as most of the existing open pile piers.  A total of 139 boat slips are proposed to exist at the marina after completion of the renovations.  The project is protested by numerous residents.  

6.         GEORGE CLARKE, ET AL, #07-2631, requests authorization to construct three (3) offshore stone breakwaters with beach nourishment situated along the Chesapeake Bay adjacent to the Sand Hills subdivision in the Savage Neck area of Northampton County.  The project is protested by an adjacent property owner.

7.         ERNEST S. HARDING III, #08-0711, requests authorization to construct a 4-slip community pier at his property situated along Lower Machodoc Creek in Westmoreland County . The project is protested by several property owners.

8.         DOUGLAS RILEY, ET AL, #08-2032, requests authorization to riprap their existing shoreline and grade an existing bluff at their properties situated along the York River in York County .  Both dunes and beaches and subaqueous permits are required.

9.         LUCK STONE, #08-2268, requests authorization to expand their existing loading dock (South Richmond Facility) situated along the James River in the City of Richmond. Both wetlands and subaqueous permits are required.

10.       MOON OF NORFOLK CONVEYANCE.  Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 108,466 square feet (2.49 acres) of previously filled State-owned subaqueous lands in Norfolk as authorized by Chapter 862, Acts of Assembly 2007.

11.       FORT NORFOLK LLC CONVEYANCE.  Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 4,489 square feet (0.103 acres) of previously filled State-owned subaqueous lands in Norfolk as authorized by Chapter 673, Acts of Assembly 2007.

12.       LAWSON PROPERTY CONVEYANCE.  Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 22,400 square feet (0.51 acres) of previously filled State-owned subaqueous lands in Hampton authorized by Chapter 875, Acts of Assembly 2007.

13.       S & S MARINE PROPERTY CONVEYANCE.  Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 12,100 square feet (0.28 acres) of previously filled State-owned subaqueous lands in Hampton as authorized by Chapter 875, Acts of Assembly 2007.

14.       PUBLIC COMMENTS

15.       PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-490-10 et seq., "Pertaining to Sharks," to comply with the Interstate Fishery Management Plan for Atlantic coastal sharks.

16.       PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-270-10 et seq., "Pertaining to Crabbing," to allow the setting of fish pots from March 12-16 in Virginia waters of the Potomac River, upriver of the Route 301 bridge.

17.       PUBLIC HEARING: Proposed Regulation 4VAC20-1190-10 et seq., "Gill Net Control Date," to establish December 31, 2005, as the control date.

18.       REPORT ON CRAB LICENSE FEES

19.       INDIVIDUAL APPEALS OF COMMISSION DECISION TO PLACE CERTAIN CRAB POT AND PEELER POT LICENSES ON A WAITING LIST UNTIL RECOVERY OF THE BLUE CRAB POPULATION.

20.       CASES CONCERNING FAILURE TO REPORT COMMERCIAL HARVEST.

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

2A.      PRINCE WILLIAM COUNTY SERVICE AUTHORITY, #08-2000, requests authorization to install by the aerial method 80 linear feet of new 24-inch diameter sanitary sewer line. The new sewer line will cross Quantico Creek and run parallel to an existing sewer line.  The aerial crossing will be five (5) feet above ordinary high water.

2B.      THE NATURE CONSERVANCY, ET AL, #08-2183, requests authorization to restore approximately 4,400 linear feet of Blacks Run, Seibert Creek and an unnamed tributary to Seibert Creek which will include the installation of rock vanes, cross vanes, j hooks and wood combination structures, excavate approximately 1,200 cubic yards of material from pools, and relocate sections of the stream channel at Purcell Park in Rockingham County.

2C.      QWEST, #08-1926, requests authorization to install 100 linear feet of fiber optic cable by the directional bore method at least 4 feet beneath Beaverdam Run along Loudoun County Parkway between Smith Switch Road and Route 7 in Loudoun County.  Staff recommends a royalty in the amount of $300.00 for the encroachment under 100 linear feet of State owned subaqueous bottom at a rate of $3.00 per linear foot.

2D.      FLUOR LANE, LLC, #06-2376, requests authorization to modify their previously issued permit to increase temporary impacts associated with construction access from 13,948 square feet of Accotink Creek to 24,410 square feet for the construction of High Occupancy Toll Lanes and related infrastructure along a stretch of the I 495 Beltway in Fairfax County.

2E.       CITY OF NEWPORT NEWS, #08-1721, requests authorization to maintenance dredge 20,027 cubic yards of State-owned subaqueous bottom material from the James River to achieve a maximum depth of minus seven and one half (-7.5) feet from the entrance channel to Leeward Marina and minus nine and one half (-9.5) feet along the James River at Huntington Park in Newport News.  Staff recommends inclusion of our standard dredging conditions.

2F.       TAZEWELL COUNTY BOARD OF SUPERVISORS, #08-1223, requests authorization to relocate 580 linear feet of the Bluestone River, 310 linear feet of an unnamed tributary stream, install three submerged sanitary sewer crossings and construct five culverted crossings and a new ConSpan precast concrete arch bridge to facilitate construction of the Bluestone Regional Business & Technology Center in Tazewell County.  Recommend approval with our standard instream permit conditions, transfer of State title to the relocated channel, and a permit condition wherein the Permittee agrees to conduct any necessary mussel, fish and/or crayfish surveys/relocations and adhere to any instream work time-of year restrictions as recommended by the Department of Game and Inland Fisheries.

2G.      SCOTT COUNTY PUBLIC SERVICE AUTHORITY, #08-2168, requests authorization to install a submerged water line, by directional bore method, beneath 220 linear feet of the Clinch River immediately upstream of the U.S. Route 58 bridge in Scott County.

2H.      DEPARTMENT OF GAME AND INLAND FISHERIES, #08-2223, requests authorization to demolish and existing public boat ramp and tending pier and construct a new 73' long by 16' wide concrete boat ramp, with 116 linear feet of riprap scour protection, and a new 6' wide by 47' long open‑pile tending pier with a 6' wide by 30' long L-head at property situated immediately downstream of the Route 3 bridge on Totuskey Creek in Richmond County.

2I.        SIX M, LLC, #07-1590, requests authorization to install and backfill approximately 195 linear feet of steel sheet pile bulkhead aligned a maximum of four feet channelward of mean low water, adjacent to their property situated along an unnamed tributary to the Eastern Branch of the Elizabeth River in the City of Norfolk.  Staff recommends the assessment of a royalty in the amount of $1,190.00 for the backfilled bulkhead's encroachment over 238 square feet of State-owned subaqueous land at a rate of $5.00 per square foot.

2J.       CARMELO AND NARDE GOMEZ, #08-0716, requests authorization to install 490 linear feet of timber bulkhead aligned a maximum of five feet, but an average of two feet, channelward of an existing deteriorated bulkhead, and to install eight (8) 7-pile mooring dolphins adjacent to the proposed bulkhead, adjacent to their property situated along an unnamed tributary of the Eastern Branch of the Elizabeth River in the City of Norfolk.  Staff recommends the assessment of a royalty in the amount of $5,575.00 for the backfilled bulkhead's encroachment over 1,035 square feet of State-owned subaqueous land at a rate of $5.00 per square foot and for the mooring dolphins' encroachment over 200 square feet of State-owned subaqueous land at a rate of $2.00 per square foot.

2K.      CHESTERFIELD COUNTY DEPARTMENT OF TRANSPORATION, #08-2064, requests authorization to construct a vehicular bridge over Swift Creek Reservoir (Deep Creek) in conjunction with causeway improvements and widening of Woolridge Road in Chesterfield County .

2L.       U.S. ARMY CORPS OF ENGINEERS, #03-1365, requests an extension of their existing permit which allows for the placement of up to three (3) million cubic yards of dredged material from state owned subaqueous bottomland within the middle portion of the James River Federal Navigation Project within the James River.   The current permit, issued in February of 2004, expires on February 24, 2009. The request is for an additional five years.  The applicant has also agreed not to seek authorization for overboard disposal during the time-of-year restriction window of the existing permit without submission of an approved protocol for a fish study and a commitment to conduct such a study if overboard disposal is requested during the time-of-year restriction.

2M.     ROBIOUS INVESTMENTS, INC., #08-1614, requests authorization to construct a 30- foot wide concrete slab boat ramp up to 22 feet channelward of ordinary high water; to construct an 8-foot by 60-foot tending pier adjacent to the boat ramp; to construct a 10- foot by 90-foot fixed pier with three (3) 8-foot by 20-foot floating piers, creating up to six (6) wetslips; and to install 90 linear feet of bulkhead up to a maximum of three (3) feet channelward of ordinary high water, all being within the James River in conjunction with a proposed river front park for residents of the Tarrington on the James subdivision in Chesterfield County.  Recommend a time-of-year restriction for construction activities from March 15 through June 30 of any year.  Recommend a royalty of $330.00 at a rate of $0.50 per square foot for the impact to 660 square feet State owned subaqueous bottomlands for the boat ramp, and a royalty of $4,698.00 at a rate of $1.50 per square foot for the encroachment over 3,132 square feet of State owned subaqueous bottomland for the tending, fixed, and floating piers and wet slip area, for a total royalty of $5,028.00.

PAGE 3 ITEMS

None planned at this time.

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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