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COMMISSION AGENDA APRIL 26, 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. J. CARTER LUCK, ET AL, #04-1745. Commission review on appeal of the March 21, 2005 decision by the Virginia Beach Wetlands Board to approve in modified form a permit to construct and backfill 357 linear feet of bulkheading and mechanically dredge approximately 6,700 cubic yards of bottom material at properties situated along the Western Branch of the Lynnhaven River in Virginia Beach.

5. RON BLACKBURN, #05-0020. Commission review of the Gloucester County Wetlands Board's March 9, 2005 decision to approve a permit to construct an 18-foot wide by 200-foot permanent roadway across vegetated tidal wetlands for access to property situated along Kings Creek along State Route 653.

6. GWYNN'S ISLAND BOATEL, #04-2050, requests authorization to hydraulically dredge 1530 cubic yards of subaqueous material to provide maximum depths of minus six (-6) feet at mean low water, and to maintenance dredge the area on an as-needed basis, to add finger piers and mooring piles to create five (5) wetslips at the channelward end of an existing L-head pier, and to construct a new T-head pier with 10 wetslips extending 180 feet channelward of an existing bulkhead at their facility situated along Milford Haven in Mathews County. The project is protested by two nearby property owners.

7. INDIAN CREEK YACHT AND COUNTRY CLUB, INC., #04-2444, requests authorization to construct a 148-foot long by 8-foot wide, commercial pier extension with an 80-foot long by 8-foot wide T head, seven tending piers and associated mooring piles to create 15 additional wetslips at their marina situated within a cove of Dividing Creek in Northumberland County. The project is protested by numerous property owners.

8. JEFFREY B. KELLY, #04-2520, requests after-the-fact authorization to retain a six to eleven foot wide by 26-foot long armor stone groin, extending 15 feet channelward of mean low water and into Public Oyster Ground No. 1 (Baylor Survey), adjacent to his property situated along Lower Machodoc Creek in Westmoreland County.

9. U.S. ARMY CORPS OF ENGINEERS, #02-0523, requests after-the-fact authorization for the overboard disposal of 9,000 cubic yards of beach quality sand material by the sidecast dredging vessel "Fry" in its recent removal of a shoal in the entrance channel portion of the Rudee Inlet Federal Project Channel in Virginia Beach.

10. DALE SPRENKEL, #04-1976, requests authorization to construct a 150-foot long private, open-pile pier with a 16-foot wide by 16-foot long L-head, a 5-foot wide by 10-foot long stepdown platform, 56 linear feet of timber catwalk and an 18-foot wide by 38-foot long open-sided, non-commercial boathouse at his property situated along the York River in James City County. The project is protested by an adjacent property owner.

11. JAMES L. WHITSON, #04-1023, requests authorization to add a 10-foot by 19-foot deck, a 19-foot by 5-foot finger pier, a 32-foot by 5-foot finger pier, and a 32-foot by 16-foot open-sided boathouse adjacent to his property situated along the Hampton River in Hampton. The pier and boathouse are protested by an adjacent property owner.

12. THOMAS HINKEL, JR., #04-2296, requests authorization to construct a 6-foot by 50-foot floating T-head extending 20 feet channelward of his existing private, noncommercial pier at his property situated along Put-in-Creek in Mathews County.

13. ROBERT LIVENGOOD, #04-2584, requests authorization to replace an existing pier and boathouse with a new 5-foot by 148-foot open-pile private, non-commercial pier including a 16-foot by 26-foot intermediate L-head; one (1) 4-foot by 74-foot catwalk pier; one (1) 4-foot by 22-foot crossover pier; one (1) 4-foot by 64-foot catwalk pier which will include a 10-foot by 12-foot L-head; and a 77-foot by 24-foot open-sided, two-slip boathouse at the applicant's property situated along Cypress Creek, a tributary to the Pagan River in the Town of Smithfield.

14. DISCUSSION: Habitat Management Advisory Committee (HMAC) update - Changes to the Commission's Wetlands Mitigation/Compensation Policy: 4 VAC 20-390-10 ET SEQ., to achieve a no-net loss of wetlands in the tidal wetlands regulatory program and Subaqueous Guidelines revisions.

15. PUBLIC COMMENTS

16. Briefing by Dr. Rob Wittman, Department of Shellfish Sanitation, Virginia Department of Health, pertaining to condemned Shellfish Area 7A (Hampton Bar Area).

17. Public Hearing: Proposed regulations pertaining to the use of gill nets in Virginia waters for the conservation of bottlenosed dolphin and sea turtles.

18. Requests for Black Sea Bass quota under the hardship provisions of Regulation 4VAC20-950.

19. Keith Like: Proposal to license and set a pound net at a new location, in Chesapeake Bay, 1000 feet north of the concrete ships off Kiptopeke State Park. The location was protested during the 30-day public comment period.

20. Failure to report commercial harvests in accordance with Regulation 4VAC20-610.

21. Requests for public hearing: a) VIMS request to deploy Crassostrea ariakensis oysters in Virginia waters for experimental purposes, b) Proposed amendments to Regulation 4VAC20-110 to adjust size limits for lobster, c) Establishment of the summer period (May 1 through October 31) quota for Scup.


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

2A. CITY OF NORFOLK, #04-2358, requests authorization to construct a 64-foot long by 30-foot wide concrete community boat ramp with 30 linear feet of riprap scour protection and two (2) open-pile access piers, 75-foot by 8-foot and 90-foot by 10-foot, and a 67-foot by 26-foot concrete community boat ramp with 26 linear feet of riprap scour protection adjacent to their property situated along Willoughby Bay in Norfolk.

2B. COWART SEAFOOD CORP., #05-0707, requests authorization to construct a 60-foot long by 25-foot wide floating commercial upwelling system adjacent to property situated along the Coan River in Northumberland County.

2C. BAYMARK CONSTRUCTION CORP., #04-2843, requests authorization to construct two (2) 250-foot long offshore stone breakwaters with beach nourishment adjacent to their property along the Chesapeake Bay, north of the six (6) previously permitted breakwaters in the Town of Cape Charles.

2D. ARLINGTON COUNTY DEPARTMENT OF PUBLIC WORKS, #98-0357, requests authorization to construct an elevated, pedestrian/bike trail crossing; and to install 1603 linear feet of 48-inch diameter, concrete encased, sanitary sewerline; along a 2,700 linear foot stretch of Four Mile Run. The proposed project is associated with the County's Four Mile Run Bike Trail and Sanitary Sewer Project.

2E. TOLL ROAD INVESTORS PARTNERSHIP II, LP, #05-0197, requests authorization to widen both existing Goose Creek Bridge road crossings by approximately 18 feet each, into the median of the existing Dulles Greenway toll road, crossing approximately 255 linear feet of Goose Creek in Loudoun County.

2F. WASHINGTON GAS, #04-1576, requests authorization to install by directional drill method a 12-inch natural gas line by directionally drilling under an approximate 670-foot section of the Occoquan Reservoir in Prince William and Fairfax Counties.

2G. U.S. HOME CORPORATION, #04-0690, requests authorization to construct a precast concrete span bridge, 66 feet wide by 96 feet long, over Catoctin Creek to provide access to residential properties in the Wright Farm subdivision in Loudoun County. The bridge will span approximately 17 feet of State-owned submerged ground and remain a minimum of 5 feet above ordinary high water. During construction, approximately 140 linear feet of the creek will be temporarily diverted to allow the installation of bridge footers in the creek banks. Jersey barriers, along with plastic sheeting and sandbags, will be used to create the diversion, and filter fabric and riprap material will line the bottom of the temporary channel.

2H. FAIRFAX COUNTY PARK AUTHORITY, #02-0869, requests authorization to construct three bridge crossings (ranging in width from 45 to 55 feet over State-owned submerged land within Accotink Creek, a tributary to Pohick Bay, as part of the construction of a recreational trail near Annandale in Fairfax County. Temporary cofferdams will be placed in the creek to allow the installation of concrete support footers, and riprap will be installed along the banks and channelward of ordinary high water for shoreline stabilization.

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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