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AGENDA November 25, 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. GREGORY N. PACKETT, #08-1262. Commission review on appeal of the August 28, 2008, decision of the Richmond County Wetlands Board which resulted in the denial of a request for a 16-slip community dock at his property situated along Totuskey Creek in Richmond County.

6. WATERVIEW LANDING, LLC, #08-0534. Commission review on appeal by 31 freeholders, of the August 12, 2008, decision by the Middlesex County Wetlands Board to approve a revised proposal to construct an 8 foot wide by 210 foot long community pier with a 6 foot wide by 40 foot long pier head and a 41 foot long canoe and kayak launching platform adjacent to property situated along Harry George Creek in Middlesex County. Continued from the September 23, 2008, meeting.

7. CHERRYDALE BY THE SEA, LLC, #08-0103, requests authorization to change the use of their 1,400-foot long by 5-foot wide private pier to a community-use structure to serve the lot owners in the "Cherrydale" subdivision, and extend the existing 30-foot by 10-foot T-head an additional 700-foot to accommodate the mooring of up to 21 community boats. The project is situated along a small tributary to Ramshorn Channel adjacent to Lots #13, #14 and #15 in the "Cherrydale" subdivision of Northampton County. No riparian piers will be permitted in the subdivision if this is approved.

8. EASTERN SHORE OF VIRGINIA BROADBAND AUTHORITY, #08-1716, requests authorization to install 82,000 linear feet of fiber optic cables across the mouth of the Chesapeake Bay from the City of Virginia Beach to Northampton County. The fiber optic cables will be installed within the existing Chesapeake Bay Bridge and Tunnel cable trays. The Authority has asked for Commission consideration of a reduced royalty assessment.

9. PUBLIC COMMENTS

10. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-1040-10 et seq., "Pertaining to Crabbing Licenses", to control latent effort in the crab pot and peeler pot fisheries.

11. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass", to establish the 2009 commercial quotas for the directed and bycatch fisheries.

12. PUBLIC HEARING: Proposed regulation to establish a Fishing Guide License and to limit the sale of that license.

13. CASES CONCERNING FAILURE TO REPORT COMMERCIAL HARVEST

14. ERNEST L. GEORGE: Request to license and locate a pound net in the Rappahannock River about two miles west of Windmill Point Light. The proposal is protested by the Windmill Point Condo Association homeowners.

15. DIRK SANFORD: Request to license and locate two pound nets in Chesapeake Bay between Lynnhaven Inlet and Cape Henry. The project is protested by onshore property owners, fishermen and others.

16. RECOMMENDATIONS OF THE RECREATIONAL FISHING ADVISORY BOARD

17. REPEAT OFFENDER: Joseph Keith Forrest



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

2A. NORTHROP GRUMMAN SHIPBUILDING, #08-1998, requests authorization to replace support pilings for bulkhead fendering on Drydock 12 with 14 groups of four (4) pilings on 15 foot centers immediately channelward of the existing bulkhead adjacent to property situated along the James River in Newport News.

2B. PICKLE PROPERTY, LLC, #08-1155, requests authorization to dredge on an as-needed basis 84,500 cubic yards of State-owned subaqueous material to create maximum depths of -10 to -17 feet at mean low water; to construct a 13-foot wide by 462-foot long, commercial, floating concrete pier with an 8-foot wide by 50-foot long gangway and ten (10) 9-pile mooring dolphins; to construct a 13-foot wide by 50-foot long floating pier adjacent to an existing travel lift; to install seven (7) new support piles for the existing travel lift; to construct a 60-foot wide by 75-foot long wharf extending approximately 45 feet channelward of mean low water; to install approximately fourteen (14) 19-pile and two (2) 9-pile mooring dolphins; and to install approximately 130 linear feet of riprap marsh-toe sill channelward of mean low water, adjacent to their South Norfolk Aggregate and Marine Yard situated along the Eastern Branch of the Elizabeth River in the City of Norfolk. Staff recommends the inclusion of standard dredging conditions and the assessment of a royalty in the amount of $33,300.00 for the new dredging of 74,000 cubic yards of State owned subaqueous bottom at a rate of $0.45 per cubic yard.

2C. VIRGINIA INSTITUTE OF MARINE SCIENCE, CHESAPEAKE BAY NATIONAL ESTUARINE RESEARCH RESERVE, #08 1973, requests authorization to establish three (3) stations for long-term water quality monitoring purposes. One site is proposed east of Goodwin Islands in York County. A second site is proposed adjacent to the York River State Park pier on Taskinas Creek in James City County and the third site is proposed approximately 300 feet downstream of the remains of the Clay Bank pier in Gloucester County. Each site will require the installation of a single piling to support scientific water quality monitoring equipment. The proposed site adjacent to Goodwin Islands is located in Public Oyster ground set aside under 28.2-647 of the Code of Virginia. 

2D. ONESTEEL, #08-1312, requests authorization to maintenance dredge, by mechanical method, with upland disposal at the Craney Island Dredge Material Management Area, up to 3,000 cubic yards of material from an existing berth to maintain maximum depths of minus 35 feet at mean low water adjacent to their facility on the Southern Branch of the Elizabeth River at 2649 South Military Highway in Chesapeake. 

2E. BAYMARK CONSTRUCTION CORP., #08-1605, requests a one-time extension to Special Condition #19, which states "the dredging will be confined to the period of October 1 through November 30 in order to minimize the adverse effects to the clam and oyster industries that may be present in or near the project area." This extension would give the permittee a one-time extension up thru December 15, 2008 to complete the maintenance dredging of the access channel from Cherrystone Channel (north of Cape Charles Harbor) to the Bay Creek Marina in Kings Creek, Northampton County. All other permit conditions would remain in effect. The two major adjacent oyster ground leaseholders (Cherrystone Aqua Farms and G. F. Hogg) have agreed to the extension.



PAGE 3 ITEMS Consent Agenda Items.

None planned at this time.



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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