COMMISSION AGENDA MARCH 28, 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. CARL JOHNSON, #05-2704, requests authorization to construct a 13-foot by 34-foot open-sided boathouse adjacent to an existing private pier at his property situated along Kenny Creek in Mathews County. The project is protested by an adjoining property owner, as well as other property owners in the vicinity.

5. LEE DEARMOND, #05-2356, requests after-the-fact authorization to retain 102 linear feet of vinyl sheet bulkhead installed and backfilled a maximum of two (2) feet channelward of a failing bulkhead at his property situated along Long Creek in the Cape Henry Shores subdivision in Virginia Beach.

6. SARAH A. MOORE, #05-2284, requests after-the-fact authorization to retain 87 linear feet of vinyl replacement bulkhead constructed approximately one (1) foot channelward of a deteriorated timber bulkhead adjacent to her property situated along Kibble Creek in Mathews County.

7. RICK LOY, Notice to Comply #05-15. Formal Restoration Hearing concerning the unauthorized placement of concrete blocks and the installation of a metal slide over State-owned submerged bottom, as well as the unauthorized expansion of an existing private, non-commercial pier at his property situated along Aquia Creek in Stafford County.

8. PERRY ROBERTS, #05-2053, requests after-the-fact authorization to retain a 6-foot by 60-foot private, non-commercial pier, 1,116.5 square feet of decking platforms and finger piers, two (2) boat slips, and two (2) jet-ski slips with lifts adjacent to his property situated along Aquia Creek in Stafford County.

9. KENNETH MORRIS, #05-1089, requests authorization to install two (2) 27-foot by 5-foot pre-cast concrete breakwaters located approximately 60 feet channelward of mean high water and to place 120 cubic yards of sand, as beach nourishment, landward of the breakwaters adjacent to his property situated along the North River near Ware Point in Gloucester County.

10. COLUMBIA GAS OF VIRGINIA #06-0045, requests after-the-fact authorization for the installation, by directional drill method, of a 4-inch natural gas line under Kingsland Creek, a tributary to the James River in Chesterfield County. The line replaces a previously exposed gas line in the same location.

11. COWNOSE RAY ISSUES AND UPDATES; Marine Products Board and Virginia Institute of Marine Science.

12. PUBLIC COMMENTS

13. PUBLIC HEARING: Proposal to construct an artificial fishing reef in the Poquoson River and Mobjack Bay.

14. PUBLIC HEARING: Consideration of extending emergency regulation 4VAC20-530-10, "Pertaining to American Shad" to establish a limited bycatch fishery on the spawning grounds of the James, Pamunkey, Mattaponi, and Rappahannock Rivers.

15. REQUEST FOR PUBLIC HEARING: Establish an NSSP requirement for human waste receptable for shellfish harvesting vessels.

16. RECOMMENDATIONS of the Recreational Fishing Advisory Board.

17. REQUEST TO EXTEND CLAM SEASON IN THE JAMES RIVER.

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

2A. IMTT CHESAPEAKE, #06-0025, requests authorization to maintenance dredge 13,000 cubic yards of subaqueous bottom material and dredge 7,100 cubic yards of new, material to achieve maximum depths of –38 feet at their commercial loading facility on the Southern Branch of the Elizabeth River in Chesapeake. The dredged material will be transported to and disposed within the Craney Island Dredged Material Management Area. Recommend approval with the requirement for a pre-dredge conference and post-dredge bathymetric survey. Further recommend a royalty in the amount of $3,195.00 for the new dredging of 7,100 cubic yards of material at a rate of $0.45 per cubic yard.

2B. WILLIAM TINDER, #05-2406, requests authorization to construct and backfill 509 linear feet of timber bulkhead aligned a maximum of two (2) feet channelward of mean low water and the existing bulkhead at his property situated along the Lynnhaven River in the Great Neck Point subdivision in Virginia Beach. Recommend a royalty of $1,018.00 for the filling of 1,018 square feet of State-owned submerged bottom at a rate of $1.00 per square foot.

2C. DOMINION VIRGINIA POWER, #06-0144, requests authorization to install 2,090 linear feet of submerged electrical transmission line beneath the Chickahominy River immediately downstream of the existing Route 5 bridge in James City and Charles City County. Recommend approval with the assessment of a $6,270.00 royalty for the encroachment beneath 2,090 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot and an instream time-of-year work restriction of February 15 through June 15 to protect anadromous fish species.

2D. OLD POINT COMFORT, LLC, #05-0590, requests authorization to modify a previously Commission-approved community pier facility to increase the number of slips from 30 to 35 and decrease the size of an L-head to 51-foot by 20-foot adjacent to property situated along the Hampton River in Hampton.

2E. CORNELIUS G. ABEN, JR., ET AL, #05-2980, requests authorization to install 400 linear feet of stone riprap, the toe of which may extend a maximum of ten (10) feet channelward of a deteriorating bulkhead at his property situated along the Chesapeake Bay in the Peaceful Beach Estates subdivision of Northampton County.

2F. VIRGINIA ELECTRIC AND POWER, #05-2995, requests authorization to dredge up to 2,824 cubic yards of State-owned subaqueous bottomland as part of Consent Order with the Department of Environmental Quality, related to a coal ash discharge remediation plan, within Farrar Gut of the James River in Chesterfield County.

2G. MID-ATLANTIC BROADBAND, ET AL, #05-1060, requests authorization to modify a previously issued permit to add an additional crossing of a fiber optic line across the Staunton River, by bridge attachment method, along Route 360, in Halifax and Charlotte Counties. Recommend a royalty in the amount of $780.00 for the encroachment under 260 feet of State-owned bottom at a rate of $3.00 per linear foot.

2H. ARMY CORPS OF ENGINEERS, #05-0338, requests a modification to the current February 15 through September 30 time-of-year restriction for their permit which authorizes the overboard placement of dredged material at Tribell Shoal in the James River. Due to a lack of shellfish resources in the project area, staff recommends approval of a new February 15 through June 15 time-of-year restriction which will protect anadromous fish species.

2I. BAE SYSTEMS NORFOLK SHIP REPAIR, #06-0313, requests authorization to maintenance dredge on an as needed basis up to a maximum of 150,000 cubic yards of material and conduct 33,000 cubic yards of new dredging from a 3,600-foot by 800-foot area to maintain maximum permitted depths ranging from -64 feet to - 25 feet below mean low water adjacent to their property situated along the Southern Branch of the Elizabeth River in Norfolk. All dredged material will be transported to and disposed at the Craney Island Dredged Material Management Area. Staff recommends a pre-dredge conference and the required submittal of a post-dredge bathymetric survey for compliance monitoring. Staff recommends a royalty in the amount of $14,850.00 for the dredging of 33,000 cubic yards at a rate of $0.45 per cubic yard.

2J. BAE SYSTEMS NORFOLK SHIP REPAIR, #06-0344, requests authorization to repair and expand Pier 3 and associated fender systems resulting in new total dimensions of 705 feet long on the north side and 506 feet long on the south side by 58.5 feet wide, impacting an additional 5,300 square feet of State-owned submerged lands, adjacent to their property situated along the Southern Branch of the Elizabeth River 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.