COMMISSION AGENDA FEBRUARY 22, 2005

1. MINUTES of previous meeting.

** APPROVAL OF AGENDA.

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

3. CLOSED SESSION

4. WILLIAM WELLS, ET AL, # 04-1575, requests after-the-fact authorization to retain three (3) previously installed and unauthorized freestanding osprey poles within the Pagan River adjacent to their properties in the Town of Smithfield in Isle of Wight County.

5. RICHARD TABOR, # 03-0439, requests authorization to construct a 38-foot long by 18-foot wide open-sided boathouse adjacent to his property situated along Indian River in Chesapeake. The project is protested by adjacent property owners and a resident in the vicinity.

6. MEREDITH ROBBINS, #04-2017, requests authorization to install 16 mooring piles adjacent to three (3) existing piers and to change the designation of an existing concrete boat ramp and all other over-water structures from private to commercial use on Harpers Cove of Antipoison Creek in Lancaster County. The project is protested by numerous residents in the area.

7. CURLEY PACKING COMPANY, INC., #04-1931, request authorization to construct a commercial marina, to include four 8-foot wide, open- pile timber piers, with four 8-foot by 88-foot T-head platforms, extending a maximum of 244 feet channelward of mean low water, with 95 boat slips and associated mooring piles, and 503 linear feet of replacement timber bulkhead, adjacent to their property situated along Monroe Bay in Westmoreland County. The project is protested by an adjacent property owner.

8. GAPS MARINA, #02-0408, requests authorization to repair and replace an existing, previously undocumented 26-slip commercial marina adjacent to property situated along Slough Creek in Northumberland County. The project is protested by Mr. and Mrs. Gordon Evans, adjacent property owners.

9. CHANNING MITCHELL, #04-1152, requests authorization to remove an existing pier and boathouse and construct a new pier extending 123 feet channelward of mean high water with a 16-foot by 30-foot L-head, a 12-foot by 8-foot floating pier and an enclosed 21-foot by 42-foot boathouse adjacent to his property situated along Back Creek in Gloucester County. The project is protested by two nearby property owners.

10. JASON MITCHELL, #04-1150, requests authorization to remove an existing pier and construct a new pier extending 135 feet channelward of mean high water with a 23-foot by 23-foot L-head adjacent to his property situated along the North River in Mathews County.

11. JAMES HOLTHOFF, 04-0618, requests authorization to enlarge an existing 32-foot by 32-foot boathouse to 56-feet by 59-feet and to construct a 24 feet of 4-foot wide catwalk pier extension; remove, relocate and extend a 5-foot wide catwalk pier to a length of 56 feet; and remove and relocate an existing 6-foot by 32-foot finger pier to a location parallel with the 25-foot by 25-foot T-head of the existing pier within and adjacent to Jones Creek, a tributary to the Pagan River in Isle of Wight County. The project is protested by two county residents.

12. DONALD BRITTON, ET AL, #03-1873, requests authorization to construct 287 linear feet of replacement bulkhead aligned a maximum of two (2) feet channelward of a deteriorating bulkhead and seven (7) 10-foot long finger piers with mooring pilings, creating 16 wetslips along Chincoteague Channel adjacent to Captain Fish's Restaurant in the Town of Chincoteague. This is a portion of a proposed 63-wetslip marina, the majority of which will be located in an adjacent man-made basin. The project is protested by an adjacent property owner.

13. JEFFREY E. ZERBY, SR. #04-1778, requests authorization to construct a 270-foot long by 6-foot wide pier with a 54-foot by 10-foot T-head, and sixteen (16) 14-foot long by 2-foot wide finger piers with eighteen (18) piles along Pungoteague Creek adjacent to Sandpiper Cove Campground in Accomack County. The proposed pier will create sixteen (16) boat slips for a total of twenty-six (26).

14. DOUG BAILEY, #04-1520, requests authorization to construct a 36-foot long by 18-foot wide open-sided boathouse adjacent to a previously authorized private pier adjacent to his property situated along the Poquoson River in York County. The project is protested by an adjacent property owner and several nearby residents.

15. Request approval of the 2005 Oyster Replenishment Plan and the procurement procedures.

16. PUBLIC HEARING: To make permanent the Emergency Regulation 4 VAC 20-720-10, Pertaining to Restrictions on Oyster Harvest.

17. PUBLIC HEARING: Establishment of 2005 recreational summer flounder fishery management measures.

18. REQUEST FOR PUBLIC HEARING: For approval of 2005 recreational black sea bass and scup management measures.

19. REQUEST FOR PUBLIC HEARING: For approval of cow nose ray excluder fences in the Great Wicomico River.

20. PUBLIC HEARING: Amendments to clarify provisions of safe harbor and establish requirements related to transfer of quota from another state, for the offshore commercial summer flounder fishery.

21. VIRGINIA SEAFOOD COUNCIL: Request to continue current experiments with triploid ariakensis oysters. Request for public hearing.

22. PUBLIC COMMENTS


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

2A. HENRICO COUNTY DEPARTMENT OF PUBLIC WORKS, #04-2899 requests authorization to relocate 238 linear feet of 12-inch diameter submerged water line by directional bore, place 30 linear feet of riprap revetment and temporarily divert approximately 500 linear feet of the North Run to facilitate the replacement of the existing Hungary Road Bridge with a 105-foot long by 88-foot wide precast triple arch structure in Henrico County. Recommend inclusion of our standard instream work conditions.

2B. METROPOLITAN WASHINGTON AIRPORT AUTHORITY, #03-0810, requests authorization to widen one existing and construct six new road crossings across approximately 195 total linear feet of Horsepen Run, and install approximately 2,052 square feet of riprap within Horsepen Run for channel scour protection. This project is associated with the construction of additional travel lanes and access ramps known as the North Area Roadways Project, for improved vehicular access to Washington Dulles International Airport in Loudoun County.

2C. CROWN POINT MARINA, INC., #04-2813, requests authorization to construct 1,115 linear feet of replacement mid-tide bulkhead within two feet channelward of a deteriorated bulkhead and to construct a 46-foot by 170-foot enclosed boathouse with 10 slips to replace a recently demolished boathouse adjacent to their marina situated along the Perrin River in Gloucester County.

2D. WALTER ADEY, #04-0786, requests authorization to install a private mooring buoy centered at 37º 22' 41.1" North Latitude and 76º 25' 51.7" West Longitude, approximately 600 feet channelward of his property situated along the Ware River between Ware Point and Jarvis Point in Gloucester County. The mooring is proposed to be located within Public Clamming Ground set aside by the Commission in 1930.

2E. S.H.C. DAVIS TRUST #1, #05-0029, requests authorization to install three (3) 210-foot long offshore breakwaters adjacent to their property along the Chesapeake Bay in the Butlers Bluff area of Northampton County.

2F. ENGLE HOMES, #04-2464, requests authorization to construct two separate sanitary sewer crossings under a total of approximately 15 linear feet of Broad Run, associated with the development of the Innisbrooke residential subdivision in Prince William County. Recommend approval with the inclusion of our standard in-stream permit conditions, an in-stream time-of-year restriction of April 15 - June 15 and August 15 - September 30 to protect the spawning season of the brook floater, and require coordination with the Department of Game and Inland Fisheries concerning pre-construction mussel surveys and relocations.

2G. KENNETH PAYNE, #04-1905, requests authorization to remove all dilapidated marina structures and construct a new marina containing a maximum of 28 wet slips along property adjacent to Branson Cove, a tributary of the Lower Machodoc Creek in Westmoreland County. Construction will include a 14-foot wide by 52-foot long by 6-inch thick reinforced concrete boat ramp that will extend approximately 30 feet channelward of mean low water; a 6-foot wide by 50-foot long tending pier adjacent to the boat ramp; two (2) open-sided boathouses, 52 feet by 166 feet and 62 feet by 84 feet, respectively, to cover a total of 13 wet slips; an 8-foot wide by 382-foot long, open-pile, timber walkway and a 6-foot wide by 170-foot long walkway with accompanying finger piers; and dredge approximately 1,100 cubic yards of State-owned subaqueous bottom with an upland excavator to create depths of minus three (-3) and minus four (-4) feet at mean low water. Dredged material will be dewatered in an upland containment site and then transported to a local gravel pit. Staff recommends a royalty of $0.45 per cubic yard for new dredged material.

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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