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COMMISSION AGENDA JULY 25, 2006

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.    

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

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.


4.    STAFF REPORT regarding Ms. Mary Hill's Oyster Planting Ground situation.

5.    ROBERT HOLLOWAY, #02-0012.  Clarification of the Commission's June 27, 2006, decision regarding Mr. Holloway's unauthorized construction at his property situated along the Poquoson River in York County.

6.    HARBOUR VIEW LIMITED PARTNERSHIP, #00-0476.    Formal Restoration Hearing concerning the construction of a 30.5-foot by 30.5-foot gazebo structure (approximately 730 square feet) channelward of mean low water adjacent to a riverfront park at the confluence of Knotts Creek and the Nansemond River in the City of Suffolk.  Deferred from the June meeting.

7.    C. W. LAWRENCE, JR., #03-1086, requests authorization to retain a previously installed boat-lift along a permitted 8-foot by 36-foot open-pile pier, and to modify his existing permit to construct an 8-foot by 20-foot pier extension; install a 6-foot by 80-foot floating pier; and to install a 4-foot by 55-foot floating pier adjacent to his commercial property along Jones Creek, a tributary to the Pagan River in Isle of Wight County.

8.    WILLIAM J. MEAGHER, #06-0204, requests authorization to construct a 15-foot by 20-foot riprap breakwater and a 15-foot by 40-foot riprap breakwater, 75 linear feet of riprap marsh toe sill, and to place 50 cubic yards of sand landward of the breakwaters, as beach nourishment, adjacent to his property situated along Stutts Creek in Mathews County.  The project is protested by an adjoining property owner.
 
9.    PORT ROYAL FISH HOUSE, L.L.C., #05-2547, requests authorization to extend an existing commercial pier to approximately 245 feet to create a 14-slip commercial marina.  The project also includes the installation of 108 linear feet of riprap revetment and the dredging of 380 cubic yards of State-owned subaqueous material, to create maximum depths of minus two and one half (-2.5) feet at mean low water.  The Port Royal Fish House is situated along the Rappahannock River immediately northwest of the James Madison (Route 301) Memorial Bridge in Caroline County.  Both Wetlands and Subaqueous permits are required.  The project is protested by an adjacent property owner.

10.    MR. & MRS. ROB BOSWELL, #04-2357, request authorization to construct a 70-foot long by 6-foot wide extension to their existing 91-foot long, private, noncommercial timber pier at their property situated along Kingscote Creek in Northumberland County.  The project is protested by the affected oyster ground lease holder.

11.    JERRY W. FERGUSON.  Commission consideration of the appropriate terms and conditions to accompany the conveyance of a causeway and island located on approximately 1.2 acres of State-owned submerged land in the Rappahannock River adjacent to an easement from State Route 600 in Middlesex County as authorized by Chapter 201, Acts of Assembly 2006.

12.    FRANCIS CHESTER, #05-0057, request for review of the royalty assessment of $1,140.75 for the encroachment over 760.5 square feet of State-owned submerged lands at a rate of $1.50 per square foot for the permit issued to Mr. Chester to construct a 13-foot wide by 66-foot long bridge that spans 58.5 feet of Jennings Branch in Augusta County.

13.    DISCUSSION:  Request for supplemental Commission guidance concerning royalty assessment procedures.

14.    DISCUSSION:  Repeal of the Commission's "Private Pier Guidance Criteria" given recent Code changes.

15.    PUBLIC COMMENTS    

16.    FAILURE TO REPORT HARVEST, as required by Regulation 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting".

17.    PUBLIC HEARING:  Proposed amendments to Regulation 4 VAC 20-566, "Pertaining to the Hampton Roads Shellfish Relay Area" to permanently extend the relay season to September 30th of each year.

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

2A.    MID-ATLANTIC BROADBAND COOPERATIVE, ET AL, #05-1060, requests authorization to modify a previously issued permit to add one (1) additional aerial crossing, of a fiber optic line, across the Meherrin River, in the town of Emporia in Greensville County.  Recommend a royalty of $390.00 for the encroachment over 130 linear feet of State-owned subaqueous land at a rate of $3.00 per linear foot.

2B.    FLUVANNA COUNTY BOARD OF SUPERVISORS, # 04-0805, requests authorization to construct a dual water intake structure comprised of two (2) 18-inch diameter raw water intake pipes which will extend 120 feet channelward of ordinary high water located 2000 feet downstream of the John H. Cooke Memorial Bridge crossing of the James River in the vicinity of the Bremo Bluffs power plant in Fluvanna County.  Staff recommends approval of the project with our standard instream conditions and further that the Permittee is authorized a maximum daily withdrawal rate of 5.7 mgd with an intake velocity not to exceed 0.25 feet per second and an intake screen size no greater than one (1) millimeter.

2C.    NOKESVILLE DESIGN, PLC, #06-1126, requests authorization to construct a 21-foot wide, concrete, arch span bridge, crossing over 25 linear feet of Slate Run with a minimum 9-foot clearance above ordinary high water, adjacent to the proposed Cowne residence off Parkgate Drive in Prince William County.  Staff recommends a royalty in the amount of $787.50 for the encroachment over 525 square feet of State-owned subaqueous land at a rate of $1.50 per square foot.

2D.     COLONIAL PIPELINE COMPANY, #06-1301, requests authorization to conduct routine inspections and maintenance activities of an existing 8-inch diameter petroleum pipeline (Line 25) at 16 jurisdictional stream crossings to include the North Fork of Goose Creek, Big Otter River, North Otter Creek, Elk Creek, and Ivy Creek in Bedford County, the James River in the City of Lynchburg, the James River and Harris Creek in Amherst County, Bent Creek and David Creek in Appomattox County, and Austin Creek, the North River (3 locations), Slate River, and Troublesome Creek in Buckingham County.  Anomalies detected within any section of the pipeline may require excavation and replacement or in-stream repairs.  Depending on the size of the stream and nature of the repair, temporary dams, cofferdams, and flume pipes may be installed to provide dry working conditions. Staff recommends standard in-stream construction conditions and a time-of-year restriction from March 15 to July 15 for work at crossings #1, 2, 3, 6, and 7 and from March 15 until June 30 for work at crossings #8, 9, 15, and 16 for protection of fish spawning areas.
 
2E.    CITY OF NORFOLK, #06-0518, requests authorization to reconstruct the Haven Creek Public boat ramp facility with the construction of a 58-foot long by 30-foot wide concrete boat ramp with 115 linear feet of riprap scour protection and two (2) 114-foot long by 8-foot wide tending piers, a 55-foot long by 5-foot wide aluminum ramp to a 40-foot by 14-foot floating small vessel launching platform, 363 linear feet of bulkhead no greater than 2 feet in front of an existing deteriorated bulkhead, 60 linear feet of riprap, and a  325-foot long by 6-foot wide open-pile marginal wharf adjacent to property situated along Haven Creek in Norfolk.

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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