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COMMISSION ACTIONS APRIL 2005

APRIL 2005 COMMISSION ACTIONS

The following are the agenda items from the Commission's regular April meeting held Tuesday, April 26, 2005 at Commission headquarters. The Commission's action is in bold.

1. MINUTES of previous meeting. The Commission voted, 8-0, 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 permits 2-A and 2-C through 2-F. Regarding item 2-B, the Commission voted, 7-0, with Mr. Cowart abstaining, to approve it.

3. CLOSED SESSION. The Commission held a closed session to discuss with its legal counsel the status of several cases that have been appealed to higher state courts, the Code of Virginia 28.2-1203, and agenda item No. 13.

4. J. CARTER LUCK, ET AL, #04-1745. Commission review on appeal by the applicants of the March 21, 2005, decision by the Virginia Beach Wetlands Board to approve in modified form a permit to construct and backfill 357 linear feet of bulkheading and mechanically dredge approximately 6,700 cubic yards of material at their properties situated along the Western Branch of the Lynnhaven River in Virginia Beach. The Commission voted, 6-1 with Mr. Garrison abstaining, to uphold the Virginia Beach Wetlands Board decision.

5. INDIAN CREEK YACHT AND COUNTRY CLUB, INC., #04-2444, requests authorization to construct a 148-foot long by 8-foot wide, commercial pier extension with an 80-foot long by 8-foot wide T head, seven tending piers and associated mooring piles to create 15 additional wetslips at their marina situated within a cove of Dividing Creek in Northumberland County. Numerous property owners protest the project. The Commission voted, 8-0, to approve the project with modifications to the original requested permit.

6. RON BLACKBURN, #05-0020. Commission review of the Gloucester County Wetlands Board's March 9, 2005 decision to approve a permit to construct an 18-foot wide by 200-foot permanent roadway across vegetated tidal wetlands for access to property situated along Kings Creek along State Route 653. The Commission voted, 8-0 to remand the case to the Gloucester County Wetlands Board.

7. GWYNN'S ISLAND BOATEL, #04-2050, requests authorization to hydraulically dredge 1530 cubic yards of subaqueous material to provide maximum depths of minus six (-6) feet at mean low water, and to maintenance dredge the area on an as-needed basis, to add finger piers and mooring piles to create five (5) wetslips at the channelward end of an existing L-head pier, and to construct a new T-head pier with ten (10) wetslips extending 180 feet channelward of an existing bulkhead at their facility situated along Milford Haven in Mathews County. Two nearby property owners protests the project. The Commission voted, 8-0, to approve the project with staff recommendations.

8. THOMAS HINKEL, JR., #04-2296, requests authorization to construct a 6-foot by 50-foot floating T-head extending 20 feet channelward of his existing private, noncommercial pier at his property situated along Put-in-Creek in Mathews County. The Commission voted, 6-2, to approve the permit.

9. JEFFREY B. KELLY, #04-2520, requests after-the-fact authorization to retain a six to eleven foot wide by 26-foot long armor stone groin, extending 15 feet channelward of mean low water and into Public Oyster Ground No. 1 (Baylor Survey), adjacent to his property situated along Lower Machodoc Creek in Westmoreland County. The Commission voted, 8-0, to approve the after-the-fact work and noted that the contractor would be contacted and reprimanded for doing the work without a permit. The Commission added that the Baylor Ground in question was not productive.

10. ROBERT LIVENGOOD, #04-2584, requests authorization to replace an existing pier and boathouse with a new 5-foot by 148-foot open-pile private, non-commercial pier including a 16-foot by 26-foot intermediate L-head; one (1) 4-foot by 74-foot catwalk pier; one (1) 4-foot by 22-foot crossover pier; one (1) 4-foot by 64-foot catwalk pier which will include a 10-foot by 12-foot L-head; and a 77-foot by 24-foot open-sided, two-slip boathouse at the applicant's property situated along Cypress Creek, a tributary to the Pagan River in the Town of Smithfield. The Commission voted, 7-0, to approve the permit.

11. DALE SPRENKEL, #04-1976, requests authorization to construct a 150-foot long private, open-pile pier with a 684 square foot open-sided, non-commercial boathouse at his property situated along the York River in James City County. An adjacent property owner protests the project. The Commission voted, 6-0 with Mr. Cowart abstaining, to approve the project.

12. JAMES L. WHITSON, #04-1023, requests authorization to add a 10-foot by 19-foot deck, a 19-foot by 5-foot finger pier, a 32-foot by 5-foot finger pier, and a 32-foot by 16-foot open-sided boathouse adjacent to his property situated along the Hampton River in Hampton. An adjacent property owner protests the pier and boathouse. The Commission voted, 7-0, to approve the project with modifications to the original permit request.

13. U.S. ARMY CORPS OF ENGINEERS, #02-0523, requests after-the-fact authorization for the overboard disposal of 9,000 cubic yards of beach quality sand material by the sidecast dredging vessel Fry in its recent removal of a shoal in the entrance channel portion of the Rudee Inlet Federal Project Channel in Virginia Beach. The Commission voted, 7-0, to approve the after-the-fact permit because of the emergency nature of the dredging work. 

14. DISCUSSION: Habitat Management Advisory Committee (HMAC) update - Changes to the Commission's Wetlands Mitigation/Compensation Policy: 4 VAC 20-390-10 ET SEQ., to achieve a no-net loss of wetlands in the tidal wetlands regulatory program and Subaqueous Guidelines revisions. A public hearing on the policy changes will be held at the Commission's May 24th meeting. 

15. PUBLIC COMMENTS.

16. BRIEFING: Dr. Rob Wittman, Department of Shellfish Sanitation, Virginia Department of Health, will present a briefing pertaining to condemned Shellfish Area 7A (Hampton Bar Area). Dr. Wittman explained that tests would be conducted this year in the area and hopefully portions of Area 7A can be opened for next year's clam relay season. The Commission will receive an update later on the progress of the tests.

17. PUBLIC HEARING: Proposed regulations pertaining to the use of gill nets in Virginia waters for the conservation of bottlenosed dolphin and sea turtles. The Commission voted, 7-0, to make the following emergency regulations permanent: 4VAC20-170, 4VAC20-252, 4VAC20-430, 4VAC20-320 and 4VAC20-1080.

18. REQUESTS: Consideration of three requests for Black Sea Bass quota under the hardship provisions of Regulation 4VAC20-950. The Commission voted, 5-0 with Mr. Robins abstaining, to approve the requests as per staff recommendation.

19. PUBLIC HEARING: Mr. Keith Like proposed a change in the location of a pound net with the new location, in Chesapeake Bay, 1000 feet north of the concrete ships off Kiptopeke State Park. The location was protested during the 30-day public comment period. The Commission voted, 6-0, to approve the request.

20. FAILURE TO REPORT: A watermen faced an issue of failure to report commercial harvests in accordance with Regulation 4VAC20-610. The Commission was told the item was withdrawn since the waterman brought in the bulk of his reports.

21. REQUEST FOR A PUBLIC HEARINGS: a) VIMS request to deploy Crassostrea ariakensis oysters in Virginia waters for experimental purposes, b) Proposed amendments to Regulation 4VAC20-110 to adjust size limits for lobster, c) Establishment of the summer period (May 1 through October 31) quota for Scup. The Commission voted, 6-0, to set public hearings for all the items at the May 24th meeting.

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

2A. CITY OF NORFOLK, #04-2358, requests authorization to construct a 64-foot long by 30-foot wide concrete community boat ramp with 30 linear feet of riprap scour protection and two (2) open-pile access piers, 75-foot by 8-foot and 90-foot by 10-foot, and a 67-foot by 26-foot concrete community boat ramp with 26 linear feet of riprap scour protection adjacent to their property situated along Willoughby Bay in Norfolk.

2B. COWART SEAFOOD CORP., #05-0707, requests authorization to construct a 60-foot long by 25-foot wide floating commercial upwelling system adjacent to property situated along the Coan River in Northumberland County.

2C. BAYMARK CONSTRUCTION CORP., #04-2843, requests authorization to construct two (2) 250-foot long offshore stone breakwaters with beach nourishment adjacent to their property along the Chesapeake Bay, north of the six (6) previously permitted breakwaters in the Town of Cape Charles.

2D. ARLINGTON COUNTY DEPARTMENT OF PUBLIC WORKS, #98-0357, requests authorization to construct an elevated, pedestrian/bike trail crossing; and to install 1603 linear feet of 48-inch diameter, concrete encased, sanitary sewerline; along a 2,700 linear foot stretch of Four Mile Run. The proposed project is associated with the County's Four Mile Run Bike Trail and Sanitary Sewer Project.

2E. TOLL ROAD INVESTORS PARTNERSHIP II, LP, #05-0197, requests authorization to widen both existing Goose Creek Bridge road crossings by approximately 18 feet each, into the median of the existing Dulles Greenway toll road, crossing approximately 255 linear feet of Goose Creek in Loudoun County.

2F. WASHINGTON GAS, #04-1576, requests authorization to install a 12-inch natural gas line by directional drill method under a 670-foot section of the Occoquan Reservoir in Prince William and Fairfax Counties.

2G. U.S. HOME CORPORATION, #04-0690, requests authorization to construct a precast concrete span bridge, 66 feet wide by 96 feet long, over Catoctin Creek to provide access to residential properties in the Wright Farm subdivision in Loudoun County. The bridge will span approximately 17 feet of State-owned submerged ground and remain a minimum of 5 feet above ordinary high water. During construction, approximately 140 linear feet of the creek will be temporarily diverted to allow the installation of bridge footers in the creek banks. Jersey barriers, along with plastic sheeting and sandbags, will be used to create the diversion, and filter fabric and riprap material will line the bottom of the temporary channel.

2H. FAIRFAX COUNTY PARK AUTHORITY, #02-0869, requests authorization to construct three (3) bridge crossings, ranging in width from 45 to 55 feet, over State-owned submerged land within Accotink Creek, a tributary to Pohick Bay, as part of the construction of a recreational trail near Annandale in Fairfax County. Temporary cofferdams will be placed in the creek to allow the installation of concrete support footers, and riprap will be installed along the banks and channelward of ordinary high water for shoreline stabilization.


NEXT MEETING:  5/24/05

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