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COMMISSION ACTIONS SEPTEMBER 2006

The following are the agenda items from the Commission's regular meeting held September 26, 2006 at Commission headquarters. The Commission's actions are in bold.  Linked audio files are in the MP3 file format and require an installed media player such as Windows Media Player or Real Player.  Individual MP3 files are relatively large and may take 1 to 10 minutes to download depending on the speed of your internet connection.  Note also that the audio links frequently begin with up to 10-15 seconds of the previous case; please listen closely to be sure you are hearing the desired item.  Also, occasionally multiple items are contained in one file.

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, 6-0, to approve the Page Two permits.

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. No Closed Meeting was held.  [ Audio Items 1-3 ]

4. BURWELLS BAY IMPROVEMENT ASSOCIATION, #06-1231. Commission review, on appeal by the applicant, of the August 21, 2006, decision by the Isle of Wight County Wetlands Board to deny the applicants request to construct a 5-foot by 300-foot open-pile pier to include a 10-foot by 75-foot L-head; a parallel 5-foot by 50-foot “dock landing” section near an existing boat ramp; and three (3) 2-foot by 12-foot finger piers along the L-head to create 6 slips, with lifts, for use my members of the association at their property situated along the James River (Burwells Bay) at 14477 Burwells Bay Road in Isle of Wight County. The Commission voted, 6-0, to remand the case of the Isle of Wight Wetlands Board for reconsideration and a clear rationale, specifically related to those areas within their jurisdiction. [ Audio Items 4 ]

5. MR & MRS. JOHN MAGANAS, #06-1663, request authorization to install a 179-foot long stone riprap revetment situated adjacent to their property along Chesconessex Creek in Accomack County. A Coastal Primary Sand Dune/Beach permit is required. The Commission voted, 8-1, to deny the permit with a suggestion to the applicant to work with the Virginia Institute of Marine Science on a possible off-shore breakwater alternative. [ Audio Items 5 ]

6. RICHARD BIEMILLER, #06-0529, requests authorization to construct a 288-foot long by 5-foot wide open-pile community pier with a 16-foot by 4-foot finger pier and a 12-foot by 4.5-foot aluminum ramp for access to a 22-foot by 6-foot wide floating dock section and a 90-foot by 6-foot floating T-head with four (4) 24-foot by 4-foot wide finger piers and 14 mooring piles to accommodate a total of 11 slips adjacent to his property situated along the Eastern Branch of the Elizabeth River in Norfolk. The project is protested by an adjacent property owner. The Commission voted, 6-0-1, to approve the permit with staff recommendations. (Mr. Tankard abstained because he arrived late.) [ Audio Items 6 ]

7. RICHARD G. PULLEN, #06-0626, requests authorization to install 170 linear feet of concrete bulkhead; to install three (3) 50-foot long by 2.5 foot wide concrete, groins; and to replace a dilapidated concrete boat ramp with a 12-foot wide by 25-foot long concrete, community boat ramp, adjacent to his property situated along the Rappahannock River in Caroline County. Both Wetlands and Subaqueous permits are required. The project is protested by adjacent and nearby property owners. The Commission voted, 7-2, to approve the permit with staff recommendations, except for the substitution of rip-rap instead of the concrete bulkhead that was requested. The Commission also required the submittal of an acceptable compensation plan to staff designed to offset the tidal wetlands impacts attributable to the community boatramp. [ Audio Items 7 ]

8. KEN MURDOCK, #05-1559, requests authorization to construct four (4) 6-foot wide by 50-foot long stone and/or gabion basket breakwaters, artificially nourished with approximately 444 cubic yards of sand of appropriate grain size and composition, adjacent to his property situated along Glebe Creek in Westmoreland County. The project is protested by an adjacent property owner. The Commission voted, 8-0, to approve the permit with staff recommendations, including approval of the breakwaters, but requiring them to be constructed of riprap, and denial of the nourishment. The Commission acknowledged a willingness to reevaluate the need for nourishment in two years if the applicant deemed it necessary at that time.  [ Audio Items 8 ]

9. JOSEPH SULLIVAN, 06-0359, requests authorization to construct a 1,224 dual-slip open-sided boathouse at his property situated along the James River in Charles City County. The project is protested by an adjoining property owner. The case was pulled from the agenda after the protestant’s issues were resolved. 

10. MICHAEL E. NEWHOUSE, #06-1422, requests authorization to construct a 30-foot by 15-foot open-sided boathouse near the channelward end of his private, noncommercial open-pile pier situated along the Piankatank River in Gloucester County. The project is protested by an adjoining property owner. The Commission voted, 9-0, to approve the permit as applied for by the applicant. [ Audio Items 10 ]

11. COWLES SPENCER, #06-0098, requests authorization to construct a 40-foot by 32-foot open-sided, dual-slip boathouse at a previously authorized pier adjacent to property situated along the Poquoson River in York County. The project is protested by an adjacent property owner. At the request of the applicant the case was deferred indefinitely.

12. COLETT THACH, ET AL, #06-0881, requests authorization to install a 310-foot long by 20-foot wide stone causeway across the Rivanna River to facility the removal of the Wollen Mill Dam in Albemarle County. The project is protested by several residents in the vicinity. The Commission voted, 9-0, to approve the permit in accordance with staff recommendations. [ Audio Items 12 ]

13. OYSTER GROUND APPLICATIONS IN THE NAME OF SHARON CARR; WILLIAM KENTON CARR; SHARON CARR AND KENT CARR; AND KENT CARR SEAFOOD COMPANY, #, 2006-062, 2006-063, 2006-064, 2006-065. Hearing concerning the leasing of four protested applications within Mobjack Bay in Mathews County. The Commission has also received a petition requesting that the same area be set aside as public clamming ground pursuant to the §28.2-632 of the Code of Virginia. At the request of the applicant the case was deferred indefinitely.

14. PURSUANT TO THE PROVISIONS OF THE CODE OF VIRGINIA, §28.2-553, request for Commission approval of establishment of the boundaries of additional Baylor Ground in Isle of Wight County based on §28.2-649 (Chapter 294 of the Acts of Assembly of 1901-1902) and that previously leased oyster grounds lying within this area be terminated in keeping with the Constitution of Virginia (Article XI, § 3). The Commission voted, 9-0, to approve the changes in the Baylor Ground as per staff recommendations and immediately terminated all of the oyster leases that had been inadvertently granted in the public ground. [ Audio Items 14 ]

15. PUBLIC COMMENTS: Two persons spoke: 1) an update on action involving the long-running King William Reservoir permit issues and 2) a request by a watermen to consider giving a long time between decisions on the opening of the annual oyster season so watermen can decide whether to leave crabbing and begin oyster harvesting. [ Audio Items 15, 16, 17 ]

16. PUBLIC HEARING: Request for amendments to Regulation 4 VAC 20-1090-10 et seq.,"Pertaining to Licensing Requirements and License Fees."  The Commission voted, 7-0, to approve the amendments as recommended.

17. PUBLIC HEARING: Request for amendments to Regulation 4 VAC 20-610-10 et seq.,"Pertaining to Commercial Fishing and Mandatory Harvest Reporting."  The Commission voted, 9-0, to approve the amendments as recommended. 

18. PUBLIC HEARING: Request to exempt licensed pound net fishermen, located in the National Marine Fisheries Service Modified Pound Net Leader Area, from requirements to fish their pound nets or establish a complete system of nets and poles, in order to renew their licenses or maintain their priority rights to such locations in 2007. The Commission voted, 9-0, to approve the requirements as recommended by staff.  [ Audio Items 18 ]

19. PUBLIC HEARING: To amend Regulation 4 VAC 20-720-10, et. Sequ. To establish specifications for the 2006-2007 Oyster Harvest Season. The Commission voted, 5-4 to set the oyster season date and harvest parameters per staff recommendation.  [ Audio Items 19, 20 ]

20. REQUEST FOR OCTOBER PUBLIC HEARING: To Incorporate ASMFC requirements (revised Winter II commercial possession limits), for scup (porgy). The Commission voted, 9-0, to set the item for a public hearing at its Oct. 31st meeting.


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

2A. LOUDOUN VALLEY ASSOCIATES, L. P., #06-1578, requests authorization to construct one (1) 203-foot by 32.19-foot conspan bridge over Broad Run and install, by the dry-ditch method, 15 linear feet of sewer pipe under Broad Run in Loudoun Valley Estates II in Loudoun County. Staff recommends a royalty of $9,846.85 for the bridge encroachment of 6, 534.57 square feet over State-owned submerged land at a rate of $1.50 per square foot and the sewer line crossing under 15 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

2B. URBANNA YACHTING CENTER, #05-1820, requests authorization to remove a portion of a marginal wharf and an existing T-shaped pier containing fueling facilities and 20 boatslips and to install three (3) floating piers with 43 wetslips, relocate fueling facilities and construct a dinghy dock adjacent to their existing facility situated along Urbanna Creek in the Town of Urbanna.

2C. WINDMILL REDEVELOPMENT ASSOCIATES, LLC, #06-1380, requests authorization to mechanically maintenance dredge 3,200 cubic yards of subaqueous material from the existing 100-foot wide entrance channel to restore depths of minus seven (-7) feet at mean low water, and install two (2) 100-foot long by 24-foot wide (base width) quarry stone spurs at the end of the existing jetties at their commercial marina off the Rappahannock River at the end of State Route 695 in Lancaster County. The sandy dredged material will be used for beach nourishment, above mean low water, on the adjacent beach area to the west of the channel, as has been done during previously authorized dredging cycles.

2D. VIRGINIA ELECTRIC & POWER COMPANY, #06-0180, requests authorization to modify an existing permit for a coal vessel unloading pier on the Southern Branch of the Elizabeth River in Chesapeake to include the mooring of two (2) 120-foot long barges (a crane barge and a conveyor barge) and the installation of four (4) temporary cluster-pile dolphins to facilitate large coal barge unloading while the previously authorized unloading pier facility is being constructed. The barges and dolphins will be removed upon completion of the coal pier, scheduled for July 1, 2007. Recommend approval with a royalty in the amount of $2,000.00 for the commercial dolphins at $500 each. 

2E. WESTERN VIRGINIA WATER AUTHORITY, #06-1759, requests authorization to replace an existing 30-inch sewer line with a new 36-inch sewer line by trenching to include seven (7) crossings of Mud Lick Creek totally 188 linear feet of stream crossing in the City of Roanoke and Roanoke County. Staff recommends standard instream construction conditions and a time-of-year restriction from March 15 through June 30 to avoid impacts during spawning season.

2F. TAZEWELL COUNTY PUBLIC SERVICE AUTHORITY, #04-2798, requests a modification to their previously issued permit to install a submerged sewer line beneath approximately 70 linear feet of the Bluestone River at three additional locations, adjacent to U.S. Route 19/460, to provide sewer service to area residents in Tazewell County. Recommend approval with our standard instream permit conditions and an instream work time-of –year restriction of April 15 - June 15 and August 15 - September 30 to minimize impacts upon Tennessee heelsplitters. Additionally, an updated mussel survey and relocation is required at crossing #3 no more than 30 days prior to construction.

2G. WASHINGTON COUNTY SERVICE AUTHORITY, 06-1077, requests authorization to install a submerged water line beneath approximately 55 linear feet of Logan Creek and Stonemill Creek to provide potable water to area residents in the Blackwell Chapel area of Washington County. Recommend approval with our standard instream permit conditions and an instream work time-of-year restriction of February 15 – July 31 and August 15 – September 30 at Crossing #2 to protect spawning mussel and fish species. Additionally, permittee agrees to conduct any necessary mussel and fish surveys at Crossing #2 as recommended by the Department of Game and Inland Fisheries.

2H. COLUMBIA GAS TRANSMISSION CORP., #06-1418, requests authorization to install, by the dry-ditch or dam and pump method, a total of 461 linear feet of 24-inch looping pipeline a minimum of three feet beneath Stony Creek, Mill Creek, Holman’s Creek, and the North Fork of the Shenandoah River in Shenandoah County; Smith Creek in Rockingham County; Naked Creek in Page County; Swift Run in Greene County; and the South Anna River and Rock Creek in Louisa County as part of the Hardy Transmission Project. Staff also recommends time of year restrictions from March 15 – May 31 and August 15 – October 15 in the South Anna River in Louisa County, from April 15 – June 15 and August 15 – September 30 in the North Fork of the Shenandoah River and Smith Creek in Shenandoah County, and from May 15 – July 31 in Swift Run in Greene County as recommended by the Department of Game and Inland Fisheries based on initial mussel surveys conducted for this project. In addition, staff recommends a royalty of $1,383.00 for the encroachment under 461 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.


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