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AGENDA August 26, 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. BIRCHWOOD MOTEL, INC., #05-2780, requests authorization to install a 750-foot long, six (6) inch sewage discharge pipe under the already permitted 700-foot long by 5-foot wide community pier adjacent to their property along Chincoteague Channel in the Town of Chincoteague, Accomack County. The project is protested by a nearby oyster ground leaseholder and several property owners. The project was remanded to the Commission for rehearing by the Circuit Court of Accomack County.

6. JBH LLC, #07-1948. Consideration of Mr. Honeycutt's compliance with the Commission's March 25, 2008 decision regarding the pier he constructed at 475 Wind Mill Point Road along the Back River in Hampton.

7. THORNTON HALL OF NORFOLK, LLC. Commission determination of whether any of the previously filled lands authorized for conveyance pursuant to Chapter 675, Acts 2008 (totaling 190,196 square feet or 4.367 acres), qualify as prior State-owned subaqueous lands and, if so, the appropriate terms, conditions and just compensation for that conveyance.

8. BAYMARK CONSTRUCTION CORPORATION, #08-0519, requests authorization to construct two floating piers with T-heads and finger piers for the mooring of 79 boats within the footprint of the existing Bay Creek Marina along Kings Creek in the Town of Cape Charles. Although the proposed piers and boat slips were previously permitted in 2001, they were never constructed. The applicant has requested that the Commission set a reduced royalty assessment.

9. H. SPENCER MURRAY, #07-0792, requests authorization to modify his previously authorized permit by relocating and reconfiguring the single dredge and placement site into two smaller dredge and placement sites. The proposed project lies in the Chesapeake Bay at the mouth of Nassawadox Creek, Northampton County, approximately 500 feet west of the original authorized dredge area.

10. HENRY S. JONES, JR., #2007-076S, requests authorization to lease 7.25 acres of Oyster Planting Ground in Smith Island Bay near Smith Island in Northampton County. The project is protested by a nearby property owner.

11. MR. AND MRS. RICHARD DECATUR, #08-1160, request after-the-fact authorization to retain a 38-foot by 28-foot enclosed roofed structure including a 22-foot by 16-foot sitting room, a 7-foot by 11-foot storage area, a boatlift, and PWC lift adjacent to their property along Aquia Creek in Stafford County.

12. CLARK CRIPPEN, #08-1179, requests after-the-fact authorization to retain an 18-foot by 27-foot enclosed roofed structure including an 8-foot by 13-foot storage shed and a boat slip adjacent to his property along Aquia Creek in Stafford County.

13. MR. AND MRS. RAYMOND HEFLIN, #08-1205, request after-the-fact authorization to retain a 31-foot by 32-foot enclosed roofed structure including a 25-foot by 15-foot screened sitting area, a 6-foot by 11-foot storage area, and a boat slip adjacent to their property along Aquia Creek in Stafford County.

14. DONALD PARKS, #08-1224, requests after-the-fact authorization to retain a 62-foot by 20-foot enclosed roofed structure including a 20-foot by 12.5-foot screened room, a 20-foot by 20-foot kitchen/sitting area, a 20-foot by 12-foot attached roofed structure, and a boatlift adjacent to his property along Aquia Creek in Stafford County.

15. PHYLLIS MARCERON, #08-1252, requests after-the-fact authorization to retain a 45-foot by 13-foot enclosed roofed structure including a 7-foot by 13-foot room, a 14-foot by13-foot screened sitting area, and a boat slip adjacent to her property along Aquia Creek in Stafford County.

16. MR. AND MRS. CHARLES COUCH, #08-1305, request after-the-fact authorization to retain a 35-foot by 40-foot enclosed roofed structure including a 34-foot by 10-foot living space, a 14-foot by 8-foot storage room, and two boat slips adjacent to their property along Aquia Creek in Stafford County.

17. MR. AND MRS. LEO BUTTERBAUGH, #08-1426, request after-the-fact authorization to retain a 50-foot by 40-foot enclosed roofed structure, which includes two 10-foot by 23-foot sitting/storage areas, an 11-foot by 10-foot room and three boat slips adjacent to their property along Aquia Creek in Stafford County.

18. PUBLIC COMMENTS

19. BLUE CRAB - Request for Public Hearing in October 2008 - Crab Pot Tagging, Latent Effort Reductions, Effort Transfer Program, and use of agents.

20. SUBMERGED AQUATIC VEGETATION STATUS REPORT: Dr. Bob Orth, VIMS.

21. OYSTERS: REQUEST FOR SEPTEMBER PUBLIC HEARING to establish the 2008/2009 harvest restrictions.

22. STRIPED BASS: REQUEST FOR OCTOBER PUBLIC HEARING to establish 2008 recreational harvest restrictions.

23. SUMMER FLOUNDER FISHERY: REQUEST FOR A SEPTEMBER PUBLIC HEARING. Industry request for modification of the open season and possession limits, for the offshore commercial summer flounder fishery.

24. DIMITRI HIONIS: Reconsideration of forfeited priority rights to two pound nets. Applicant failed to purchase the licenses within the lawful time period.

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

2A. CITY OF VIRGINIA BEACH, #00-0057, requests authorization to reactivate and extend their previous permit to maintenance dredge approximately 20,000 cubic yards of subaqueous bottom, on an as-needed basis annually from the Long Creek municipal channel to restore maximum project depths of minus eight (-8) feet at mean low water. All dredged spoils will be offloaded at the Maple Street Site or the Lynnhaven Beach Facility and used for beach nourishment. Pre- and post-dredge surveys are required. The previous permit expired on May 28, 2008. If reactivated and extended, it will expire on February 28, 2010, the maximum of the Commission's allowance for a ten-year dredging permit.

2B. TOWN OF SALTVILLE, #08-1296, requests authorization to replace an 8" pile-supported gravity sewer line and a 10" force main across 116 linear feet of the North Fork Holston River immediately upstream of the Harper Lane bridge in the Town of Saltville.

2C. PENINSULA PROPERTIES, LLC, #07-1650, requests authorization to construct a 6-foot wide by 65-foot long community pier with a 16-foot by 20-foot T-head platform, and a 4-foot by 12-foot aluminum ramp leading to a 12-foot by 70-foot floating platform with 4 mooring locations for three (3) townhouse units adjacent to property at 97 Marina Road situated along Sunset Creek in Hampton. Staff recommends a royalty in the amount of $4,917.00 for the bold outline of the pier and four proposed mooring locations.

2D. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY, #08-1170, requests authorization to impact 3,368 square feet of Difficult Run as a result of the construction of the Dulles Corridor Metrorail Project in Fairfax County.

2E. LOUDOUN MITIGATION, LLC, #08-0413, requests authorization to impact 2,356 linear feet of Piney Run for the installation of rock toe protection, J-hook rock vanes and root-wads, and to relocate the channel as part of a stream restoration project at the Pipken site near the intersection of Harpers Ferry Road and Branchriver Road in Loudoun County.

2F. NAUTICUS, CITY OF NORFOLK, #08-1081, requests authorization to install a data buoy approximately 1,200 feet south-southeast of Hospital Point in the City of Portsmouth, across the Elizabeth River from Nauticus. The buoy will be deployed in approximate position 36 50' 40.10" N, 76 18' 1.74" W and will be incorporated into the National Oceanic and Atmospheric Administration's Chesapeake Bay Interpretive Buoy System (CBIBS).

2G. HARPER AVENUE, LLC, #08-1277, requests authorization to dredge, on an as-need basis, a maximum of 3,000 cubic yards of State-owned subaqueous material, per dredge cycle, to create maximum controlling depths of -27 feet at mean low water and widen the existing berth on the northwest side of Pier 1 at the Earl Industries facility situated along the Elizabeth River in the City of Portsmouth. Staff recommends that dredging occur only during flood tides, in order to minimize deposition on an adjacent oyster reef, that all dredging equipment operate in a section of the waterway, opposite of the existing reef to limit physical disturbance, and the inclusion of standard dredging conditions. Staff further recommends the assessment of a royalty in the amount of $1,350.00 for the dredging of 3,000 cubic yards of State-owned subaqueous material at a rate of $0.45 per cubic yard.

2H. COLUMBIA GAS TRANSMISSION CORPORATION, #07-2522, requests authorization to replace or repair, as needed, existing gas pipeline segments along a 60-mile section of Line VM-107 from Bickers Compression Station to Goochland Compression Station possibly requiring the excavation, exposure, and replacement of the pipeline along numerous stream crossings in Greene, Orange, Albemarle, Louisa, and Goochland Counties. Staff recommends a permit condition stating that the permittee agrees to notify the Commission of any line replacements at which time a royalty at the rate of $3.00 per linear foot for the encroachment under State-owned subaqueous bottom will be assessed.

PAGE 3 ITEMS Consent Agenda Items.

3A. CITY OF DANVILLE, #08-1030, requests after-the-fact authorization to retain 50 liearn feet of replacement 16-inch sewer line installed a minimum of ten (10) feet above ordinary high water over the Sandy River in the City of Danville. Staff recommends no civil charge and the City has agreed to a triple permit fee of $300.00

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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