The following are the agenda items from the Commission's regular March meeting held Tuesday, March 22, 2005 at Commission headquarters. The Commission's action is in bold.
1. MINUTES of previous meeting. The Commission voted, 6-0, to approve the minutes.
2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 8-0 to approve the 12 permits with staff recommendations.
3. CLOSED SESSION. No Session was held.
4. GAPS MARINA, #02-0408. A continuation of the public hearing for repair and replacement of an existing, previously undocumented 26-slip commercial marina adjacent to property situated along Slough Creek in Northumberland County. Adjacent property owners protest the project. The Commission voted, 7-1, to approve the project with staff recommendations.
5. SLOOP POINT, LLC, #04-2559, requests authorization to construct a 75-foot long by 6-foot wide community pier extension with two (2) 10-foot long by 5-foot wide finger piers and 13 mooring piles to create five (5) additional wet slips, and to construct a 75-foot long vinyl sheet-pile bulkhead and quarry stone breakwater to protect the slips and install 145 linear feet of vinyl sheet-pile replacement bulkhead at an existing community marina facility at the Sloop Point development at the confluence of Mulberry Creek and the Rappahannock River in Morattico, Lancaster County. Three nearby residents protests the project. The Commission voted, 5-4, to approve the permit with amendments.
6. CITY OF NORFOLK, #04-1403, requests authorization to dredge, by clamshell method, a maximum of 28,500 cubic yards of State-owned submerged land to create a 6,400 foot long channel with widths varying between 25 and 40 feet and possessing maximum depths of minus five (-5) feet below mean low water, and permission to maintenance dredge up to a maximum of 15,000 cubic yards of subaqueous material on an as-needed basis, adjacent to properties situated along the western shore of Broad Creek in Norfolk. Several local residents protest the project. The Commission voted, 6-0-1 with Mr. Schick abstaining, to approve the project.
7. DAVID EBERWINE, #03-0107, requests authorization to construct a 14-foot by 14-foot octagonal gazebo at the end of an existing pier adjacent to the applicants property situated along Bennett Creek, a tributary to the Nansemond River in the City of Suffolk. The Commission voted, 7-0-1 with Mr. Cowart abstaining, to deny the permit.
8. WALTER HODGES, #03-2515, requests authorization to dredge 1,624 cubic yards of subaqueous material to create a 170-foot long by 20-foot wide access channel and a 122-foot long by 106-foot wide boat basin with a 29-foot by 35-foot spur possessing maximum depths of minus five and a half feet (-5.5') at mean low water; construct a 215- foot long by 6-foot wide open-pile private pier with a 42-foot long by 8-foot wide
T- head; 40-foot long by 4-foot wide finger pier; a 30-foot long by 4-foot wide finger pier; a 34-foot long by 32-foot wide open-sided dual slip boathouse, and a 42-foot long by 21-foot wide open-sided single slip boathouse, adjacent to his property situated along the Western Branch of the Elizabeth River in Portsmouth. The Commission voted, 8-0, to approve the permit.
9. HENRICO COUNTY DIVISION OF RECREATION AND PARKS, #04-2253, requests authorization to construct an open-pile timber pier with an enclosed, three-slip boathouse and storage/office area for use by the Henrico County Police and Fire Departments at their property situated along the James River adjacent to Osborne Park. The Commission voted, 8-0, to approve the permit.
10. WILLIAM CAGE, #04-1605, requests after-the-fact authorization to retain a storage shed and hot tub that were illegally constructed on his existing pier, and authorization to add an additional 16-foot by 15-foot deck area to the existing pier adjacent to his property situated along the Western Branch of the Elizabeth River in Portsmouth. An adjacent property owner protests the project. The Commission voted, 7-1, to deny the request to retain the hot tub and construction a deck extension, but allowed the retention of the storage shed.
11. DAVID CONNITO, #04-0841, requests authorization to construct two (2) 4-foot by 16-foot catwalk piers and boatlifts, and a 10-foot by 16-foot floating dock addition to his open-pile private pier along the Nansemond River in the City of Suffolk. The Commission voted, 7-0-1 with Mr. McLeskey abstaining, to follow staff's recommendation and deny the permit.
12. ARNOLD L. WHITE, #04-2083, requests authorization to place a 14-foot 6-inch tall, illuminated, wooden lighthouse replica atop a pre-existing duck blind platform as a private aid to navigation adjacent to his property situated along Palmer Cove, an embayment of the South Yeocomico River, in Northumberland County. The Commission voted, 8-0, to approve the permit.
13. PUBLIC COMMENTS: Three items were considered during this period. (1) Watermen requested the reopening of the clam-relay area in Hampton Roads. The staff will contact the State Health Department to determine what is required to make such a move. Currently, the area is marked contaminated and requires the clams to be relayed to a "clean" area before they are marketed. 2) Watermen asked to extend the oyster season another four days because they were closed to bad weather, but no motion was made. (3) Watermen asked that the spreading of James River seed oysters in the Rappahannock River include Morattico Bar in addition to Russ's Rock and Bowler's Rock. The Commission voted, 8-0, to include Morattico Bar.
14. Public Hearing: Proposed amendments to 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to repeal the closed recreational fishery season for 2005. The Commission voted, 8-0, to open previously closed recreational fishing season.
15. Public Hearing: Proposed placement of cownose ray excluder fences on Public Grounds 13, 14 and 21 in the Great Wicomico River as part of the oyster restoration activities of the VMRC, ACOE, VIMS and CBF. The Commission voted, 8-0, to approve the fences.
16. Public Hearing: Request of the Virginia Seafood Council to place overboard one million triploid Crossastrea ariakensis oysters to determine the feasibility of culturing the oysters to market size in 12 months. The Commission voted, 8-0, to approve the project, subject to the conditions set forth by staff and the Chesapeake Bay Program Ad-Hoc Oyster Panel.
17. Failure to properly report commercial harvest in accordance with Regulation 4 VAC 610-10 et seq. The Commission voted, 8-0, to place a waterman on probation for one-year for failure to report harvests.
18. Requests for emergency and future regulations to support alternatives contained in a proposed NMFS Rule pertaining to bottlenose dolphin and sea turtle conservation. The Commission adopted by an 8-0 vote five emergency regulations to minimize the interactions between bottlenose dolphins, sea turtles and gill nets in Virginia waters.
19. DISCUSSION: Request from the summer flounder industry to extend the safe harbor provision of Regulation 4 VAC 20-620-10 et. seq. to the Virginia portion of the Intracoastal Waterway. The Commission voted, 8-0, to set a public hearing for its April meeting.
20. BLACK DRUM: Requests for exceptions to the limited entry criteria. The Commission voted, 8-0 to approve requests from three watermen to enter the black drum fishery.
21. REPEAT OFFENDER: The waterman involved was put on one-year's probation with the notice that another offense would bring him back immediately before the Commission.
PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval; Approved in Item 2)2A. PACK FAMILY LIMITED PARTNERSHIP, #04-2454, requests authorization to install and backfill up to 322 linear feet of fiberglass bulkhead; construct a 20-foot by 320-foot marginal wharf adjacent to the proposed bulkhead; construct new floating piers and finger piers to create 24 wetslips for boats up to 50 feet in length, one (1) slip for a boat up to 100 feet in length, and 12 transient slips; and install up to 14 new pilings up to ten feet channelward of existing piles at slips 2-14 to accommodate larger vessels. All proposed activities are at and adjacent to their existing marina/restaurant/hotel facility along the Pagan River in the Town of Smithfield.
2B. DOMINION VIRGINIA POWER, #04-2685, requests authorization to install by directional drill, embedment plow and direct burial, a new 35 Kv electric power transmission cable under the Nansemond River in the City of Suffolk.
2C. DEPARTMENT OF THE ARMY, #04-2889, requests authorization to install by directional drilling, approximately 175 linear feet of 8-inch diameter waterline crossing of Dogue Creek, adjacent to U.S. Army Garrison, Fort Belvoir in Fairfax County.
2D. WASHINGTON COUNTY SERVICE AUTHORITY, #02-1007, requests authorization to construct a 12 MGD raw water intake, previously authorized by VMRC Permit #91-0420, on the South Fork Holston River Reservoir near its confluence with the Middle Fork Holston River in Washington County. The intake structure will be equipped with a coarse bar and 1-mm mesh screens and operated with a 0.25 fps maximum approach velocity. Recommend approval contingent on the aforementioned design criteria, standard instream permit conditions and the completion of a three-year impingement and entrainment study, acceptable to the Department of Game and Inland Fisheries, for the purpose of monitoring impacts of the intake design on existing aquatic populations. The intake structure is to be marked in accordance with TVA regulations to minimize navigation impacts.
2E. DOMINION TERMINAL ASSOCIATES, #04-2850, requests authorization to construct a 15-foot wide by 420-foot long addition and a 65-foot wide by 610-foot long addition to an existing 1,060 foot long concrete pier to facilitate installation of a new conveyor belt and traveling hoppers necessary to accommodate self-unloading vessels and bulk carriers at their existing facility on the James River in Newport News.
2F. JAMESTOWN-YORKTOWN FOUNDATION, #04-2280, requests authorization to maintenance dredge approximately 9,000 cubic yards and 13,000 cubic yards of new material to provide maximum project depths of minus 17 feet MLW in the basin/inner channel area and minus 19 feet MLW in the outer channel area of Jamestown Settlement Park situated along the James River in James City County. The applicant proposed to place all of the dredged material in an unconfined manner in a previously used area of the James River just downstream. Recommend a one-time approval for this dredging contingent on a time of year restriction that prohibis any overboard disposal between February 15 through June 30 to protect anadromous fish species.
2G. DICKENSON COUNTY BOARD OF SUPERVISORS, #05-0179, requests authorization to construct a 200-foot long by 4-foot wide suspension bridge across the Pound River and a 55-foot long by 4-foot wide timber truss bridge across Cane Branch to facilitate construction of the Haysi-Breaks Trail in Dickenson County.
2H. VIRGINIA COMMONWEALTH UNIVERSITY, #04-2266, requests authorization to construct a 10-foot wide by 161-foot long open-pile timber pier with two (2) 1,476 square foot partially-enclosed, three slip boathouses, a 12-foot wide by 24-foot long floating research platform and a 705 square-foot T-head dock for use by the Virginia Commonwealth University Life Sciences program and the Department of Game and Inland Fisheries Law Enforcement and Fisheries programs at property situated along the James River approximately one mile downstream of the Benjamin Harrison Bridge in Charles City County.
2I. DOGWOOD, L.L.C., #04-1363, requests authorization to install a 37-foot by 60-foot clear span bridge over Falls Run, a tributary to the Rappahannock River, to serve as the main entrance into the Carriage Hills at Falls Run subdivision in Stafford County. The bridge will span approximately 20 feet of State-owned subaqueous bottom and remain a minimum of 15 feet above ordinary high water.
NEXT MEETING: 4/26/05