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COMMISSION ACTIONS FEBRUARY 2006

The following are the agenda items from the Commission's regular February meeting held February 28, 2006 at Commission headquarters. The Commission's action is in bold.  Linked audio files are in the MP3 format and require an installed player such as Windows Media Player or Real Player.  Individual MP3 files are relatively large and may take 1 to 10 minutes to download dependent on your internet connection.  Note also that the audio links frequently begin with 10-30 seconds of the previous case; please be sure to listen closely to be sure you are on the case you have an interest in.

1. MINUTES of previous meeting.  The Commission voted, 4-0, to approve the minutes. 

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 4-0, to approve the Page Two Permits with staff recommendations. [ AUDIO Items 1-3 ]

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. The Commission held a brief closed meeting to address the recent Court of Appeals oral arguments in the case of Palmer v. MRC.

4. NAVAL MEDICAL CENTER, #05-2225. Commission review of a decision by the staff of the Portsmouth Wetlands Board to decline to exert jurisdiction over a project to install two marsh sills, grade, backfill and plant to convert a disturbed and filled wetland area into a vegetated wetland area on their property situated along Scotts Creek in Portsmouth.  The Commission voted, 4-0, to return the case to the Portsmouth Wetlands Board. [ AUDIO ]

5. MARINE HYDRAULICS INCORPORATED, #04-2481, requests authorization to install a 200-foot long bulkhead up to 15-feet channelward of mean low water, fill approximately 2,185 square feet of State-owned submerged lands, install two (2) 100-foot long by 8-foot wide travel lifts, and to dredge 23,000 cubic yards of State-owned submerged lands to achieve maximum depths of -17 feet below mean low water to create a 285-foot long by 80-foot wide access channel and a 197-foot by 273-foot turning basin adjacent to their property situated along the Eastern Branch of the Elizabeth River in Norfolk. All dredged materials will be transported to and disposed within the Craney Island Dredged Material Management Area. The Commission voted, 5-0, to approve the permit with staff recommendations, but excluding the requirement to remove the derelict barge. [ AUDIO ]

6. MARINE HYDRAULICS INCORPORATED, #04-1984, requests authorization to install a 1,032-foot long by 33-foot wide trestle to support a mobile crane, three (3) mooring dolphins, dredge 491,000 cubic yards of State-owned submerged lands from a 990-foot by 232-foot wide basin to create depths of -65 feet below mean low water for the installation of a drydock with an associated 250-foot long by 230-foot wide access channel to -40 feet below mean low water to connect with the adjacent Federal Navigation Channel, construct a 193-foot long new bulkhead with 1,202 square feet of associated fill of State-owned submerged lands, and install a 26-foot long by 24-foot wide bridge to access the dry-dock at their property situated along the Elizabeth River in Norfolk. All dredged materials will be transported to and disposed within the Craney Island Dredged Material Management Area. Several residents in the vicinity protest the project. The Commission voted, 5-0, to approve the permit with staff recommendations, but excluding the requirement to remove the derelict barge at the Eastern Branch Elizabeth River parcel. [ AUDIO ]

7. MR. & MRS. MILTON CONRAD, #05-2880, request authorization to install a submersible pump, a 2-inch diameter PVC raw water intake pipeline, and a 4-inch PVC discharge pipeline on an existing private pier, and to change the use of that pier from private to commercial use, in association with a proposed crab shedding facility to be constructed on their property along a cove of Greenvale Creek on Rocky Neck in Lancaster County. Two adjoining property owners protest the project. The Commission voted, 5-0, to approve the permit with staff recommendations. [ AUDIO ]

8. NORMAN MALO, #05-2798, requests authorization to extend an existing pier 25 feet channelward, reconfigure and enlarge the associated decking to a total of 1932 square feet and to construct a 66-foot by 42-foot open-sided boathouse designed to house two (2) boats and a personal watercraft adjacent to his property situated along the Piankatank River in Gloucester County. An adjoining property owner protests the project. The Commission voted, 5-0, to approve the permit with staff recommendations. [ AUDIO ]

9. ROBERT A. BADENOCH, #04-1523, requests after-the-fact authorization to retain a 15-foot long by 18-foot 6-inch wide roof extension, the timber siding used to enclose the boathouse, and a 132 square foot deck addition to a previously permitted boathouse adjacent to his property situated along a cove of Bridgemans Back Creek in Northumberland County. The Commission voted, 5-0, to approve the after-the-fact permit with staff recommendations and a $1,000 civil charge in lieu of other enforcement action. [ AUDIO ]

10. JOSEPH F. KRUSHINSKI, #05-2707, requests after-the-fact authorization to retain deck railings and a three-foot wide stairway constructed as part of a flat-roof, open-sided boathouse, adjacent to his property situated along Aquia Creek in Stafford County. The Commission voted, 5-1, to approve the after-the-fact permit with a $1,200 civil charge in lieu of other enforcement action and triple permit fees. [ AUDIO ] 

11. TOWN OF CHINCOTEAGUE, ET AL, #05-3032, requests after the fact authorization to retain and continue to install approximately 20,000 feet of slip-lining inside the existing 16-inch waterline from the mainland to the new waterline west of the Black Narrows Channel. Twenty-six (26) access pits along the existing waterline will be excavated to allow for maintenance and repair access. The project is to repair and maintain the existing waterline to the Town of Chincoteague. A State Wetlands permit is required. The Commission voted, 6-0, to approve the after-the-fact permit with staff recommendations including triple permit fees. [ AUDIO ]

12. DELMARVA POWER, #05-2986, requests authorization to relocate the main (69 KV) overhead transmission line from the north side of the Black Narrows Bridge to the south side of the bridge in the Town of Chincoteague, Accomack County. The installation of three of the six new poles will impact either State-owned wetlands or State-owned subaqueous bottom. Both wetlands and subaqueous permits will be required. Two Marsh Island residents protest the project. The Commission voted, 6-0, to approve the permit with staff recommendations. [ AUDIO ]

13. PUBLIC COMMENTS: Two watermen discussed several issues. [ AUDIO ]

14. THE 2006 AMERICAN SHAD BYCATCH FISHERY: The Commission voted, 4-2, in an emergency regulation to establish a limited-entry fishery for the upriver (spawning sanctuary) areas of the James, Mattaponi, Pamunkey and Rappahannock Rivers within the American Shad Bycatch Fishery that was established last month. Only those persons who have fished five of the past 10 years qualify and they will be restricted to a bycatch of only five fish. A public hearing on the permanent regulation will be held at the Commission’s March 28th meeting.
[ AUDIO part 1][ AUDIO part 2]


15. PUBLIC HEARING: Proposed amendments to Regulation 4VAC 20-252, “ Pertaining to the Taking of Striped Bass" to establish the 2006 commercial and recreational harvest quotas at 1,554,302 pounds each. The Commission voted, 6-0, to approve the quota per staff recommendation. [ AUDIO ]

16. PUBLIC HEARING: Virginia Seafood Council proposal, " Reexamination of Feasibility Study On One-Year Grow-Out of Triploid Crassostrea ariakensis." A public hearing was held on the Council’s request and the Commissioner is expected to make a decision after 30 days from Feb. 28 and before 60 days has elapsed.  [ AUDIO ]

17. BOB ORTH, VIMS: Update of status of Submerged Aquatic Vegetation. The presentation was deferred until the Commission’s March 28th meeting.

18. JIM KIRKLEY, VIMS: Presentation of Economic Contributions of Virginia's Commercial Seafood and Recreational Fishing Industries. The Commission heard the presentation. [ AUDIO ]

19. BONNIE-LEIGH JONES: Request Commission review of the licensing and compliance with special conditions of Mr. Ernest L. George's pound net at Windmill Point. Mr. George agreed to remove his pound net from his current Windmill Point location and will apply for a new location within the agency’s existing rules. [ AUDIO ]

20. FISHERIES MANAGEMENT DIVISION: Request permission to construct two artificial fishing reefs; Poquoson Reef, to be located near the mouth of the Poquoson River and Mobjack Bay Reef, to be located on the western side of the channel in Mobjack Bay. The Commission decided to postpone consideration of this request until its March 28th meeting. [ AUDIO ]

21. THE 2006 OYSTER RESTORATION PROGRAM & PROCUREMENT PLANS: The Commission voted, 5-0-1 with Mr. Robins abstaining, to approve the advertised oyster restoration program procurement plans. It also voted, 4-3, to approve the transfer of 30,000 bushels of seed oysters this year. [ AUDIO ]

THE NEXT MEETING WILL BE HELD ON TUESDAY, MARCH 28, 2006


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

2A. TOWN OF BLACKSBURG, #05-1083, requests authorization to cross Toms Creek in two (2) locations with 12-foot wide, timber, clear span bridges for pedestrian and bicycle use in Heritage Park in Blacksburg. There will be no structures or construction activity within the creek bed. Recommend approval with proper erosion and sediment control measures during construction of the associated upland abutments and wing walls.

2B. TAZEWELL COUNTY PUBLIC SERVICE AUTHORITY, #06-0028, requests authorization to install two (2) aerial and six (6) submerged sewer line stream crossings of Laurel Fork and its tributaries and construct one (1) 0.5 MGD outfall to facilitate replacement of the Town of Pocahontas' Wastewater Treatment Plant in Tazewell County. Recommend approval with the inclusion of our standard instream permit conditions.

2C. CITY OF BRISTOL, #05-2670, requests authorization to install 12 linear feet of submerged water line beneath and construct a 65-foot long by 34-foot wide clearspan bridge across Beaver Creek to facilitate vehicular access and private utilities installation to the Sugar Hollow Business Complex in the City of Bristol. Recommend approval with the inclusion of our standard instream permit conditions.

2D. NAVAL FACILITIES ENGINEERING COMMAND, #05-2628, requests authorization to install a 325-foot by 52-foot T-head at Pier 11 at Norfolk Naval Base situated along the Elizabeth River in Norfolk.

2E. U. S. FISH AND WILDLIFE SERVICE, CHINCOTEAGUE NATIONAL WILDLIFE REFUGE, #05-1130, requests authorization to construct an 80-foot long by 12-foot wide concrete boat ramp; a 60-foot long by 6-foot wide open-pile pier with a 36-foot long by 6-foot wide floating dock; a 110-foot long breakwater and mechanically dredge an 80-foot by 20-foot area channelward of the proposed boat ramp to minus four and one half (?4.5) feet at mean low water, adjacent to their property situated along Assateague Channel on Assateague Island in Accomack County.

2F. NORVIEW MARINA, #05-2159, requests authorization to remove a 20-slip floating pier and to install a new 185-foot long floating pier providing eight (8) larger wetslips adjacent to their marina facility situated along Broad Creek in Middlesex County.

2G. GLOUCESTER COUNTY DEPARTMENT OF UTILITIES, #05-2942, requests authorization to cross approximately 80 linear feet of Fox Mill Run, adjacent to the Route 17 crossing, with a submerged 16-inch diameter waterline within an existing utility easement in Gloucester County. Recommend approval with our standard in-stream construction conditions.

2H. WILL DRENNAN , ET AL, #04-0321, requests authorization to dredge, by clamshell method, 4,022 cubic yards of State-owned submerged lands to achieve maximum depths of minus four and a half (-4.5) feet below mean low water to create a 786-foot long by 20-foot wide access channel and seven (7) associated homeowner boat basins adjacent to property situated along Broad Creek in Norfolk. All dredged materials will be transported to and disposed within the Craney Island Dredged Material Management Area. Staff recommends a royalty of $1,786.05 for the dredging of 3,969 cubic yards of material at $0.45 per cubic yard.

2I. LANGLEY AIR FORCE BASE, #05-1935, requests authorization to install and backfill 1,200 linear feet of bulkhead, construct a 63-foot long by 16-foot wide boat ramp with a 50-foot by 13-foot service pier, a 96-foot long by 12-foot wide temporary emergency access pier for security and rescue activities, and to maintenance dredge, using either clam shell or hydraulic, 25,000 cubic yards of State-owned submerged lands to reach maximum depths of -8 feet below mean low water at their marina facility situated along the Southwest Branch of Back River in Hampton. Dredged materials will be disposed of at an off-site upland disposal facility. Staff recommends a pre-dredge conference to include inspection of the disposal area, submission of a post-dredge bathymetric survey, that the contractor provide an observer at the dredge material containment area within radio contact with the dredge operator while the dredge is operating to prevent overflow of the containment area and that a minimum of two (2) feet of freeboard be maintained between the height of the dredged material and the top of the containment berm.

2J. LANGLEY AIR FORCE BASE, #05-2839, requests authorization to install five (5) floating piers ranging in length from 320 feet to 150-feet and all 8-feet wide, and 41 20-foot long by 3-foot wide finger piers to create 75 wet slips replace marina structures destroyed by Hurricane Isabel adjacent to their property situated along the Southwest Branch of Back River in Hampton.

2K. VIRGINIA COMMONWEALTH UNIVERSITY, #04-2266, requests a permit modification to reduce in size and relocate a previously authorized 12-foot wide by 24-foot long (288 square feet) floating research platform to the downstream side of the VCU Rice Center River Pier Facility situated along the James River in Charles City County. The new platform will measure 10-foot wide by 28-foot long (280 square feet).

2L. DEPARTMENT OF THE NAVY, #05-2544, requests authorization to replace 52 existing sensors, to install 37 new sensors and install associated new and replacement cables across 2,000 linear feet of State-owned submerged lands, using trenching to reach cable depths of minus three (-3) feet below the substrate, and to place 17,000 cubic yards of protective gravel over the sensors and cable trench, between Naval Station Norfolk and the Sewells Point Degaussing Station, located within Hampton Roads Norfolk Harbor in Norfolk.

2M. THOMAS SHUTTLEWORTH, #05-1190, requests authorization to install 865 linear feet of VDOT Class II, stone riprap, the toe of which may extend a maximum of six (6) feet channelward of an existing concrete apron, for shoreline protection adjacent to his property along Linkhorn Bay in the Linlier subdivision in Virginia Beach.

2N. TANNER'S LANDING ASSOCIATES, LLC, #05-0480, requests a modification to a Commission-approved project substituting the assessment of an annual royalty for a one-time royalty of in the amount of $14,577.00 for the encroachment over 9,718 square feet of State-owned submerged lands at a rate of $1.50 per square foot in association with a project located adjacent to property situated along the Lafayette River in Norfolk.

2O. DEPARTMENT OF THE NAVY, #05-3064, requests authorization to construct a 30-foot wide by 227-foot long by 9-foot tall (extending five (5) feet vertically above mean low water) stone breakwater, approximately 175 feet channelward of mean low water, to decrease wave energy and provide shoreline protection adjacent to the Normandy Beach training area in the Naval Amphibious Base, Little Creek, situated along the Chesapeake Bay in Virginia Beach.

2P. VIRGINIA JACOBS, #04-2794, requests authorization to modify her previously issued permit to increase the number of wetslips from 48 to 53 and to install uncovered lifts within all 53 slips at Pelican's Nest Marina which is situated along Little Creek in Norfolk.

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