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AGENDA OCTOBER 23, 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 MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.

5. POQUOSON MARINA ASSOCIATES, LLC, #07-1569. Commission review on appeal by 61 Poquoson freeholders, of the September 19, 2007, decision by the Poquoson Wetlands Board to approve a proposal to fill and dredge tidal wetlands, as part of a planned redevelopment project for the Poquoson Marina property situated along White House Cove in the City of Poquoson.

6. DIMITER J. GEORGIADIS, #07-1432. Commission review, on appeal by the applicant, of the September 13, 2007, decision by the Lancaster County Wetlands Board to deny his application to install 120 linear feet of quarry stone riprap revetment on a coastal primary sand dune at his property situated on the Rappahannock River in Lancaster County.

7. WILLIAM P. BRYANT III, # 02-2393, requests authorization to construct a 6-foot by 200-foot open-pile private pier extension with a 3-foot wide catwalk to create one wetslip and to construct a 17-foot by 34-foot open-sided covered boathouse over the wetslip at the applicants property situated along the Warwick River in the City of Newport News. The application is protested by an adjacent property owner.

8. DISCUSSION: Status of the Nassawadox Creek Federal Project Channel and the H. Spencer Murray application, #07-0792, that was approved by the Commission at the August 28, 2007, meeting.

9. COUNTY OF MIDDLESEX, #07-2010, requests authorization to install two (2) pilings on an existing public dock to support equipment designed to facilitate the offloading of seafood at the public pier situated along Broad Creek at the end of Timberneck Road in Middlesex County. The project is protested by the adjoining property owner and other County residents.

10. CHRIS CLIFFORD, #07-2124, requests after-the-fact authorization to retain three 16-foot wide riprap breakwaters that were constructed in a manner that did not conform with the terms and conditions of his previous permit. The three breakwaters measure 70 feet, 83 feet, and 110 feet in length instead of the 50 foot length approved. They also were constructed utilizing different construction techniques and materials than those originally authorized. Mr. Clifford also seeks authorization to construct a fifth breakwater with a combination of a precast concrete barrier with quarry stone placed along the channelward side of the barrier adjacent to his property situated along the York River near the mouth of Carter Creek in Gloucester County.

11. RONALD H. HORN, #07-2144, requests after-the-fact authorization to retain an 8-foot wide by 132-foot long open-pile pier with flared landing, a 16.2-foot by 24-foot open-sided boathouse, a 12-foot by 13.5-foot L-platform and a 1,166 square foot U-shaped floating dock adjacent to property situated along Williams Creek in King George County.

12. PUBLIC COMMENTS.

13. PUBLIC HEARING:   Proposed Amendments to Regulation 4 VAC 20-910, "Pertaining to Scup," to adjust the commercial fishery possession limit for the Winter II (November-December) period.

14. PUBLIC HEARING:   Continuation of provisions of Regulation 4 VAC 20-20, "Pertaining to Licensing Fixed Fishing Devices", that suspend the requirements to set and fish a pound net, in order to renew a license and maintain priority to that location next year.

15. REQUEST FOR NOVEMBER PUBLIC HEARING:   "Pertaining to Tautog", to establish ASMFC-mandated harvest reduction measures, for the commercial and recreational tautog fisheries.

16. REQUEST FOR NOVEMBER PUBLIC HEARING:   "Pertaining to Blue Crab", Proposed extension of the license sales moratorium, as established in Regulation 4 VAC 20-1040-10 et seq.

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

2A. VIRGINIA DEPARTMENT OF TRANSPORTATION, #02-0950, requests a permit modification to allow for the installation of three (3) 24-inch diameter mooring piles in Chincoteague Channel, south of the swing span bridge, to allow for the temporary mooring of barge-mounted construction equipment, in association with construction of the new Chincoteague Channel and Black Narrows Channel Bridges in Accomack County. The pilings will be removed upon completion of the bridge replacement activities previously authorized.

2B. TOM LANGLEY, ET AL, #07-0704, requests authorization to modify an existing dredging permit, approved by the Commission as a Page 2 item during the August 28, 2007 hearing, by relocating a 100 square-foot section of the project footprint. The project is designed to serve three residential properties in the North Alanton subdivision, situated along Broad Bay in Virginia Beach. Staff recommends no further royalties be assessed provided there are no modifications in the project depth or dredge volume.

2C. VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS, #07-1775, requests authorization to relocate and install, by the directional drilling method, multiple utility lines (including water, sewage, and power) under an approximate 400-foot section of Linkhorn Bay, directly adjacent to the existing Laskin Road Bridge in Virginia Beach. All utility lines will remain a minimum of 9 feet below the existing Bay bottom. This project, known as the Laskin Road Advance Utility Relocation, will relocate existing utilities in conflict with future road and bridge expansion improvements.

2D. COURTLAND FARMS LOUDOUN, LLC, #06-2468, requests authorization to install, by the directional drill method, 119 linear feet of 6-inch HDPE pipe encased in an 8-inch HDPE sleeve at least 10 feet beneath Little River as part of the Courtland Farms Forcemain Project in Loudoun County. Staff recommends a royalty of $357.00 for the encroachment under 119 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot.

2E. CITY OF NEWPORT NEWS, #07-1336, requests authorization to maintenance dredge 3,881 cubic yards of sediment from the Leeward Marina and Boat Channel to maximum depths of -9.5 feet below mean low water adjacent to property situated along the James River in Newport News.

2F. FAIRFAX COUNTY PARK AUTHORITY, #07-1831, requests authorization to install a 38.2-foot by 19.64-foot concrete low-flow stream crossing in Horsepen Run as part of a trail improvement project near the intersection of Centreville Road and McLearen Road in Fairfax County.

2G. NA DULLES REAL ESTATE INVESTOR, LLC, #07-1941, requests authorization to install, by directional drill, 50 linear feet of sanitary sewer force main beneath Broad Run near the Route 7 and Route 28 interchange in Loudoun County. Staff recommends a royalty in the amount of $150.00 for the encroachment under 50 linear feet of State-owned submerged bottom at a rate of $3.00 per linear foot.

2H. VULCAN CONSTRUCTION MATERIALS, # 07-1323, requests authorization to construct a 100 linear foot open-pile railroad bridge over Fontaine Creek, a tributary to the Meherrin River, to facilitate improved loading capabilities at their Skippers Quarry facility in Greensville County. Recommend our standard instream work conditions and a royalty for the bridge crossing at a rate of $2.00 per square foot.

2I. VIRGINIA INSTITUTE OF MARINE SCIENCE, #07-1024, requests authorization to deploy a variety of data collection instruments and buoys within a 600-foot by 1,200-foot area near the center of the York River between Clay Bank in Gloucester County and Bigler Mill in York County. A single piling is proposed to be located near the center of the area at 37 20' 30.4" North Latitude and 76 37' 28.5" West Longitude. The proposed area is southwest of the marked navigation channel and mean low water depths within the proposed area are between 10 and 19 feet. With the exception of the single piling and any buoys or marker floats, the instruments will extend a maximum of four (4) feet above the substrate.

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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