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AGENDA DECEMBER 18, 2007

** 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 FOR CONSULTATION WITH OR BRIEFING BY COUNSEL

5. BARRY HELLMAN, #07-1893. Commission review of the November 14, 2007 decision by the Norfolk Wetlands Board to approve the installation and backfilling of 40 linear feet of replacement bulkhead without compensation for the wetlands lost, at the applicant's property situated along a cove of the North Branch of the Lafayette River in the City of Norfolk.

6. SHORE LAND INVESTMENTS, LLC, (Willie A. Davis III, Manager, and Newman Thomas Scott Jr.), Notice of Violation #07-25. Hearing concerning violations of Chapter 12, Subtitle III of Title 28.2 of the Code of Virginia, more specifically, the unauthorized dredging and filling of two small un-named tidal creek tributaries of Underhill Creek adjacent to the "Port Scarburgh" subdivision in Accomack County. Continued from the November 27, 2007 Commission meeting.

7. YORK RIVER YACHT HAVEN ASSOCIATES, #07-2052, requests authorization to construct a 125-foot by 300-foot multilevel dry stack boat storage facility designed to accommodate 137 boats at their marina facility situated along Sarah Creek in Gloucester County. They also propose to construct 1,050 linear feet of replacement bulkhead, replace an open-pile pier and boathouse with reconfigured floating piers, install a 75-foot long fuel pier, and to dredge 257 cubic yards of subaqueous material to create a 20-foot wide channel with a maximum depth of minus seven (-7) feet to provide access into the facility. The project is protested by a nearby property owner.

8. DAMERON PROPERTIES I, L.C., #07-1592, requests authorization to construct 130 linear feet of timber replacement bulkhead, install two (2) 20-foot by 10-foot floating piers, install a 2-inch PVC raw water intake line, 15 new free-standing mooring piles, and deploy 500 2-foot by 3-foot floating mesh bags associated with a proposed commercial oyster hatchery and grow-out facility on Carter Cove at the end of Rt. 222 in Weems, Lancaster County. The project is protested by an adjacent property owner.

9. TIM AND SUSAN HILL, #07-1230, request authorization to retain twenty (20) 2-foot by 4-foot oyster aquaculture floats, a 10-foot by 12-foot floating work platform, and three (3) pilings that were installed without prior authorization and request authorization to deploy ten (10) additional 2-foot by 4-foot aquaculture floats and twenty (20) 2-foot by 8-foot aquaculture floats and to convert an existing pier to commercial use and establish a 34-foot by 25-foot area adjacent to the pier as a temporary storage and work area adjacent to his property situated along Pepper Creek at 350 Pepper Cove Way in Mathews County. The project is protested by several nearby property owners.

10. HAMPTON DEPARTMENT OF PUBLIC WORKS, #07-1853, requests authorization to mechanically dredge 4,388 cubic yards of material to restore maximum depths of minus four (-4) feet below mean low water adjacent to City property situated along Cooper's Creek and the Southwest Branch of the Back River in Hampton. The project is protested by several nearby property owners.

11. STEVEN BLAND, #06-2484, requests authorization to construct a 700-foot long by 5-foot wide private, noncommercial, open-pile pier crossing a tidal marsh and small unnamed tidal creek within the marsh and then extending 265 feet channelward of mean high water adjacent to his property situated along La Grange Creek at 183 Shell Court in Middlesex County. The project is protested by several nearby property owners.

12. RICHARD J. ZIMA, #07-2051, requests authorization to remove an existing pier and construct a new private, noncommercial, open-pile pier extending 250 feet channelward of mean high water with an 18-foot by 38-foot open-sided boathouse near the channelward end of the pier and to install a piling to support an osprey nesting platform approximately 75 feet channelward of the new pier adjacent to his property situated along the North River at 7835 Berkshire Lane in Gloucester County. The project is protested by an adjoining property owner.

13. JOHN R. MCCLOUD, #07-1791, requests authorization to construct an 8-foot by 10-foot open-sided shelter on the existing private, noncommercial pier adjacent to his property situated along a cove of the North River at 6 Little Cove Way in Mathews County. The project is protested by an adjoining property owner.

14. DANIEL W. FORREST AND DEBORAH PINKARD, OYSTER PLANTING GROUND APPLICATION #2007-010, request to lease approximately 1.50 acres of shellfish ground within Whitehouse Cove, a tributary to Bennetts Creek in the City of Poquoson. The application is protested by Mr. David Barke, an adjacent highland property owner.

15. DECEMBER PARTNERS CONVEYANCE. Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 32,631 square feet (0.749 acres) of previously filled State-owned subaqueous lands in Norfolk as authorized by Chapter 884, Acts of Assembly 2007.

16. PUBLIC COMMENTS

17. PUBLIC HEARING: AMENDMENTS TO REGULATION 4VAC20-620,   "Pertaining to Summer Flounder", to establish provisions for a by catch fishery during the fourth quarter, to move the second quarter quota to the first quarter, and to set the opening date of the fishery in the first quarter.

18. PUBLIC HEARING: AMENDMENTS TO REGULATION 4VAC20-252,    "Pertaining to Striped Bass", to establish new requirements and penalties for the tagging of striped bass and to establish the 2008 harvest quotas for commercial and recreational fisheries.

19. PUBLIC HEARING: AMENDMENTS TO REGULATION 4VAC20-150,   "Pertaining to the Dredging of Conchs", to correct boundary markers for certain dredge areas.

20. REQUEST FOR PUBLIC HEARING (AMERICAN SHAD):   To repeal Regulation 4VAC20-530-32, "Spawning Reaches By catch Area Fishery", as required by the Interstate Fishery Management Plan for American Shad.

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

2A. AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, #06-0209, requests authorization to maintenance dredge on an as-needed basis, up to 20,620 cubic yards of State-owned subaqueous material from within new and previously dredged portions of the natural limits of Aquia Creek, for the purposes of maintaining navigable channels of either 30 or 60 feet in width, with two to one side slopes and maximum controlling depths of minus five (-5) or minus six feet (-6) at mean low water respectively, beginning approximately 225 feet downstream of the point where Aquia Drive crosses Aquia Creek, and ending adjacent to a point approximately 350 feet downstream of the intersection of Coal Landing Road and Barge Lane in Stafford County. Recommend the assessment of a royalty in the amount of $972.00 for the new dredging of 2,160 cubic yards of State-owned subaqueous material at a rate of $0.45 per cubic yard and a time-of-year restriction, which would preclude all dredging activities from March 15th to June 30th to minimize adverse impacts to anadromous fish.

2B. CITY OF NORFOLK, #07-2147, requests authorization to dredge approximately 1,500 cubic yards of State-owned subaqueous bottom material to create maximum controlling depths of minus four (-4) feet at mean low water, with an additional one-foot overdredge tolerance, within a 50-foot wide channel with 3:1 side slopes along the southernmost 350 feet of Haven Creek adjacent to a public boat ramp in the City of Norfolk.

2C. BAE SYSTEMS NORFOLK SHIP REPAIR, #07-2033, requests authorization to rehabilitate their existing North Wharf by installing a new concrete wharf within the same footprint, with a 37 linear foot section being extended four feet channelward of the existing wharf, adjacent to their ship repair facility situated along the Southern Branch of the Elizabeth River in the City of Norfolk.

2D. RIVERHOUSE APARTMENTS, LLC, #07-1614, requests authorization to install 711 linear feet of riprap revetment at the toe of an existing bulkhead and to replace an existing 10-foot wide marginal wharf with an 8-foot wide by 1,319-foot long, open-pile marginal wharf for pedestrian use and temporary (day use only) dockage, adjacent to their property situated along Haven Creek in the City of Norfolk. Recommend the assessment of a royalty in the amount of $3,162.30 for the wharf's encroachment over 10,541 square feet of State-owned subaqueous bottom at a rate of $0.30 per square foot, and the inclusion of a permit condition which precludes the permanent or overnight moorage of vessels at the proposed wharf.

2E. SUFFOLK DEPARTMENT OF PUBLIC WORKS, #07-2041, requests authorization to remove and replace the existing Harvest Drive bridge, utilizing a 10-foot by 6-foot re-enforced concrete pipe culvert, to include dredging and widening of Kingsland Swamp up to 90 feet both up and downstream of the bridge structure, and to place rip rap stabilization along the altered stream bank, within the City of Suffolk.

2F. VIRGINIA NATURAL GAS, #07-1036, requests authorization to install, by directional drill method, 6,744 linear feet of 24-inch diameter natural gas pipeline below the Elizabeth River in Norfolk. Staff recommends a royalty in the amount of $20,232.00 for the encroachment under 6,744 linear feet of subaqueous bottom at a rate of $3.00 per linear foot.

2G. W3 MARINE, #07-2066, requests authorization to repair, replace, and backfill 410 linear feet of existing bulkhead within the same alignment, adjacent to their ship repair facility situated along the Eastern Branch of the Elizabeth River in the City of Norfolk.

2H. VIRGINIA ELECTRIC AND POWER COMPANY, #07-1739, requests authorization to install ductwork extending over 5,536 square feet of State-owned subaqueous lands along the James River in conjunction with a proposed power plant upgrade for a wet flue gas desulfurization system at the applicant's Chesterfield Power Station in Chesterfield County. Recommend a royalty of $11,072.00 for the encroachment over 5,536 square feet of State-owned subaqueous lands at a rate of $2.00 per square foot.

PAGE 3 ITEMS

3A. TOWN OF COLONIAL BEACH, #07-2357, requests after-the-fact authorization to retain its municipal pier that was reconstructed after Tropical Storm Ernesto. The pier is adjacent to Town property situated along the Potomac River in Westmoreland County. The pier was reconstructd in its original configuration but the Town initiated repairs without the proper authorization. The applicant has agreed to the payment of a $1,200.00 civil charge and triple permit fees 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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