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COMMISSION AGENDA MAY 22, 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. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL

4. HARBOUR ON INDIAN CREEK, LLC, #07-0500, requests authorization to complete a previously authorized community pier project to include two (2) 100-foot long, 4-slip T-head community piers each with four (4) uncovered boatlifts and two (2) 24-foot finger piers, and complete a third, 12-slip community pier with uncovered boat lifts in each slip, extending a maximum of 50 feet channelward of the face of an existing wharf, all to serve the 24-unit Harbour on Indian Creek residential development on Pitmans Cove in Lancaster County. The project is protested by numerous residents along the cove upstream of the property.

5. CHERYL E. WALKER, #07-0622, requests authorization to construct a 15-foot by 100-foot riprap breakwater and to place 600 cubic yards of sandy material landward of the breakwater, as beach nourishment, adjacent to her property situated along the Piankatank River at 8639 Freewelcome Lane in Gloucester County. The project is protested by an adjoining property owner.

6. B. KEITH TRAMMELL, #06-2705, requests authorization to construct a 12-foot by 16-foot open-sided roofed structure over a portion of his existing private, noncommercial pier situated along the Piankatank River at 154 Twiggs Ferry Road in Mathews County. The project is protested by an adjoining property owner.

7. FRANCIS K. GATES, III, #06-2895, requests authorization to construct a 41-foot by 20-foot open-sided boathouse adjacent to his property situated along Hampton Roads in Hampton. The project is protested by an adjacent property owner.

8. SUNSET BAY, LLC, #07-0228, requests authorization to create 11 new boat slips and reconfigure 13 permitted boat slips with finger piers and mooring piles; install a 44-foot long by 5-foot wide open-pile pier and retain a 40-foot by 8-foot T-head and mooring piles along Chincoteague Channel adjacent to Sunset Bay Town Homes in the Town of Chincoteague, Accomack County. The total number of slips along Chincoteague Channel will increase from the previously permitted 16 to a total of 24. (The total wet-slips at the marina/town homes will increase from 63 to 72.) The project is protested by an adjacent property owner.

9. VA TIMBERLINE, LLC, hearing concerning violation of the Code of Virginia 28.2-1203, more specifically, the disturbance and alteration to subaqueous lands of the Commonwealth of Virginia within several tidal tributaries of Lawnes Creek in Isle of Wight County without prior authorization. Notice of Violation # 06-17.

10. DESMOND OWENS, #06-093, requests to lease up to 190 acres of oyster planting ground within the North River between Silver Creek and Ware Neck Point in Gloucester County. The application is protested by a number of residents in the area.

11. PEYTON JONES, JR., #06-029; ROY LEE ROBERTSON, SR., AND KENNETH ROBERTSON, #06-144; CHARLES M. CLAGGETT JR., MARSHALL CLAGGETT, AND LARRY A. CLAGGETT, SR., #06-200, request to lease oyster planting ground within Burwells Bay near Tylers Beach in the James River in Isle of Wight County. A portion of the Jones application is protested by the Claggetts. All of the Robertsons' application is protested by the Claggetts. The Claggett application overlaps a portion of the Jones application and all of the Robertson application. 

12. DISCUSSION: Presentation on mean low water determination (how it is calculated and surveyed).

13. PUBLIC COMMENTS

14. PUBLIC HEARING: Request to establish an artificial fishing reef at Bluefish Rock.

15. PUBLIC HEARING: ASMFC- required amendments to Regulation 4 VAC 20-380-10 et seq., "Pertaining to Grey Trout (Weakfish)", to establish a 6-fish recreational possession limit and 150-pound commercial by-catch possession limit.

16. PUBLIC HEARING: Request to incorporate April emergency amendments that establish warm water shellfish harvest restrictions, to promote public health, as permanent parts of Regulation 4 VAC 20-720-10 et seq.

17. PUBLIC HEARING: Fisheries Management Division-Conservation and Replenishment Department - Planned deployment of 150 hollow, 1-foot tall and 1.5-foot diameter, concrete "oyster reef balls" on the windward side of a one-acre intertidal oyster reef(s) to act as erosion protection. Each "oyster reef ball" covers a 7.065 square foot area for a total impact of 1,060 square feet. The location of the deployment will be in Public Ground No. 19 in Magothy Bay, at 3709'11" and 7555'34", in Northampton County.

18. REQUEST FOR EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-1120-10 et seq.: "Pertaining to tilefish and groupers" to correct nomenclature.

19. REQUESTS FOR FUNDING PROJECTS BY THE RECREATIONAL AND COMMERCIAL FISHING ADVISORY BOARDS.

20. REPORT OF THE HARD CLAM AQUACULTURE TASK FORCE ON AQUACULTURE LICENSE ISSUES.


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

2A. TOWN OF MOUNT JACKSON, #06-2615, requests authorization to install 60 linear feet of 24-inch sanitary sewer pipe adjacent to an existing 12-inch sewer pipe below the North Fork of the Shenandoah River in Shenandoah County. Staff recommends a time-of-year restriction on instream activities from April 15 - June 15 and August 15 -September 30 to protect mussel species.

2B. VULCAN CONSTRUCTION MATERIALS, #07-0539, requests authorization to install and backfill 340 linear feet of new sheetpile bulkhead a maximum of two feet seven inches channelward of an existing deteriorating bulkhead adjacent to property situated along the Southern Branch of the Elizabeth River in Norfolk. Staff recommends a royalty of $1,700.00 for the filling of 850 square feet of State-owned subaqueous bottom at a rate of $2.00 per square foot.

2C. CITY OF HAMPTON, #06-2904, requests authorization to install a 45-foot long by 5-foot wide open-pile boardwalk with a 20-foot by 15-foot L-head platform and attached 85.5-foot long by 4-foot wide community pier with a 13-foot by 15-foot floating platform, 1,266 square feet of riprap, and fill 345 square feet of subaqueous bottom adjacent to River Street Park situated along the Hampton River in Hampton.

2D. COVE POINT CONDOMINIUMS, #05-2207, requests authorization to modify an existing permit to include the installation of floating wharf and finger pier sections instead of fixed sections for the private use marina situated along Little Neck Creek in Virginia Beach. Recommend no additional royalties provided that the design changes occur as proposed within the previously configured bold outline.

2E. DEPARTMENT OF THE ARMY, #06-0270, requests authorization to modify an existing permit to allow the installation of a temporary 3,000-foot long elevated pier in conjunction with joint training exercises to be conducted between July 15 and August 30, 2007, adjacent to the Omaha Beach and Utah Beach Training Areas at Fort Story along the Chesapeake Bay in Virginia Beach. 

2F. DOMINION VIRGINIA POWER, #07-1045, requests authorization to install 396 feet of power cable approximately four feet below Smith Creek underneath the Brambleton Avenue bridge in Norfolk. Staff recommends a royalty of $1,188.00 for the encroachment beneath 396 linear feet of State-owned submerged bottom at a rate of $3.00 per linear foot. Staff's recommendation for permit approval is conditioned on expiration of the public notice on May 23, 2007 without receipt of project opposition.



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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