COMMISSION AGENDA April 22, 2008

AGENDA April 22, 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. COMPTON AND ASSOCIATES, #06-1000, Commission review, on appeal by the applicant, of the March 20, 2008, decision by the Suffolk Wetlands Board to deny the applicants' request for after-the-fact authorization to retain multiple previously installed floating piers and previously constructed pier and deck structures, as well as requesting after-the-fact authorization to retain an enclosed expansion of an existing restaurant at the applicants' marina/restaurant facility situated at the terminus of Ferry Road, along Bennetts Creek, a tributary to the Nansemond River. The applicant also requested and was denied authorization to install additional floating pier sections.

6. COMPTON AND ASSOCIATES, #06-1000, requests after-the-fact Commission authorization to retain multiple previously installed floating piers and previously constructed pier and deck structures, as well as after-the-fact authorization to retain an enclosed expansion of an existing restaurant at the applicants marina/restaurant facility situated at the terminus of Ferry Road, along Bennetts Creek, a tributary to the Nansemond River in the City of Suffolk. The applicant also requests authorization to install additional floating pier sections. The project is protested by a nearby landowner and oyster ground leaseholder.

7. JAMES & JUNE HARVEY, #08-0059, Commission review of the March 19, 2008, decision by the Chesapeake Wetlands Board to grant after-the-fact authorization to retain a 133 foot long timber retaining wall and backfill associated with an unauthorized artificial putting green, resulting in the loss of 850 square feet of vegetated tidal wetlands at their property on the Southern Branch of the Elizabeth River at 701 River Strand in Chesapeake.

8. LUTHER CARTER, #07-2673, Commission review on appeal by 39 freeholders of the February 28, 2008, decision by the Accomack County Wetlands Board to grant after-the-fact approval for the installation of a 10-foot long stone riprap marsh toe and a 88-foot long stone splash apron (installed landward of the existing marsh toe bulkhead) adjacent to Mr. Carters' property along Chincoteague Bay in the Town of Chincoteague, Accomack County.

9. JOHN AELLEN, #07-1919, requests authorization to install two (2) 125-foot long nearshore stone sills immediately channelward of two existing low-profile wooden groins and to repair one groin by installing stone along the landward end at his property situated along Onancock Creek in the Bailey Neck area of Accomack County. The sills will be nourished with beach quality sand. Both Commission subaqueous and coastal primary sand dune permits are required.

10. CITY OF VIRGINIA BEACH, #07-2035, requests authorization to install a 48-inch diameter concrete stormwater outfall line that will discharge approximately 940 feet channelward of mean low water into the Atlantic Ocean from a new stormwater pump station to be constructed at the intersection of Atlantic Avenue and 61st Street in Virginia Beach. The project is protested by several nearby property owners.

11. URBANNA HARBOUR YACHT CLUB ASSOCIATION, #07-1620, requests authorization to remove their existing open-pile piers with 129 boat slips and to construct 2750 linear feet of 8-foot wide floating pier with finger piers and mooring piles to create a total of 139 boat slips at their facility situated along Urbanna Creek in Middlesex County. The project is protested by several nearby property owners and residents of the adjacent subdivision.

12. PUBLIC COMMENTS

13. PUBLIC HEARING: Consideration of proposed regulations for the 2008 crabbing season.

14. STRIPED BASS: Review of the 2007 Commercial Fishery ITQ Program

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

2A. RICHARD KEELER, #08-0220, requests authorization to construct a 42-foot by 12-foot bridge approximately 6 feet above Cedar Creek near where Route 604 crosses Cedar Creek at the Frederick County/Shenandoah County line. Staff recommends a royalty in the amount of $756.00 for the encroachment over 504 square feet of State-owned submerged bottom at a rate of $1.50 per square foot.

2B. FAIRFAX COUNTY PARK AUTHORITY, #02-2050, requests authorization to modify their previously authorized permit to include the additional maintenance dredging of approximately 10,000 cubic yards of sediment to restore maximum depths of minus five (-5) feet below mean low water from the marina entrance channel within Lake Accotink and the original streambed of Accotink Creek within the boundaries of Fairfax County.

2C. COLUMBIA GAS TRANSMISSION CORP., #07-2522, requests authorization to replace or repair existing gas pipeline segments along a 60-mile section of Line VM-108 from Bickers Compressor Station to Goochland Compressor 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.

2D. FAIRVIEW BEACH, LLC, #06-1440, requests a modification to their existing permit to include the installation of eight (8) 7-foot wide by 8-foot long, concrete, hexagonal boxes with riprap transition and to tie together two existing riprap breakwaters adjacent to their property situated along the Potomac River in King George County. Recommend a permit condition which will require the implementation of an acceptable monitoring plan.

2E. DEPARTMENT OF THE NAVY, #07-2694, requests authorization to remove, replace, and modify the piers and buildings at the Lambert's Point Deperming Station situated on the Elizabeth River in the Cities of Portsmouth and Norfolk. The proposed project will significantly decrease the encroachment over State-owned submerged land as compared to the existing structures.

2F. CITY OF WAYNESBORO, #07-2641, requests authorization to install an 18-foot by 25-foot concrete outfall apron in the South River, to accommodate the replacement of an existing outfall at their wastewater treatment plant in the City of Waynesboro.

2G. CITY OF WAYNESBORO, #08-0137, requests authorization to install 96 linear feet of replacement waterline, by directional drill method, beneath the South River in the City of Waynesboro.

2H. WESTERN BRANCH DIESEL, #08-0164, requests authorization to maintenance dredge 1,850 cubic yards of State-owned subaqueous material to maintain a previously permitted depth of minus six (-6) feet at mean low water, adjacent to their facility situated along the Western Branch of the Elizabeth River in the City of Portsmouth.

2I. HARPER AVENUE, LLC, #08-0452, requests authorization to maintenance dredge on an as-needed basis, approximately 100,000 cubic yards per dredge cycle, of State-owned subaqueous material from an approximately 750-foot by 900-foot basin to restore and maintain maximum depths of -36 feet at mean low water, adjacent to the Earl Industries facility situated along the Elizabeth River at its confluence with Scotts Creek in the City of Portsmouth.

PAGE 3 ITEMS Consent Agenda Items.

3A. HOLCOMB INVESTMENTS, #03-0087, requests application reactivation and after-the-fact authorization to retain 283 linear feet of vinyl sheet-pile replacement bulkhead and backfill at the Chesapeake Boat Basin commercial marina on Indian Creek at Kilmarnock Wharf in Lancaster County. The bulkhead was constructed after the draft permit documents were sent to the applicant for payment and signature, and later resent with a reminder. The applicant never returned the signed documents for final permit execution. The applicant has agreed to triple permit fees of $300.00 and a civil charge in the amount of $1,800.00 commensurate with minimal environmental impact and a major degree of deviation.

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.