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COMMISSION ACTIONS MAY 2006

The following are the agenda items from the Commission's regular meeting held May 23, 2006 at Commission headquarters. The Commission's actions are in bold.  

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

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 5-0, to approve the Page Two permits with staff recommendations.

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.  No closed meeting was held.
 [ AUDIO Items 1-3 ]

4. EDWIN A. MORRIS, SR., ET AL, #05-2644, requests authorization to change the status of a private pier to a joint-use pier and to expand the pier to include a 70-foot by 6-foot extension, a 40-foot by 12-foot decked area and two 24-foot by 14-foot open-sided boathouses adjacent to property situated along the Poquoson River in York County. The adjacent property owner protests the project. The Commission voted, 7-0, to approve the permit, but limited the pierhead extension to a maximum of 400-square feet.
[ AUDIO Item 4 ]

5. TANNERS LANDING ASSOCIATES, LLC, #05-0480. Formal Restoration Hearing concerning the unauthorized channel dredging and failure to comply with the special conditions contained within an unexecuted permit for their property situated along the Lafayette River in Norfolk. The Commission voted, 7-0, to impose triple fees of $300 and triple dredging royalties of $4,321.80 to the applicant, Tanners Landing Associations, LLC, which also agreed to accept a civil charge of $10,000 in lieu of further enforcement action for its failure to cease dredging when first contracted by staff. The Commission also approved a civil charge in the amount of $15,000 for Salmon’s Dredging, Inc., the dredging contractor, in lieu of further enforcement action. A $10,000 civil charge was for their failure to comply with the permit and improper disposal of the dredged material. A $5,000 civil charge was assessed for their illegal excavation of 582 cubic yards of state-owned subaqueous bottom material. The Commission also voted to file a written complaint over the performance of Salmon’s Dredging Inc. with the State Board of Contractors.
[ AUDIO Item 5 ]

6. HARBOUR VIEW LIMITED PARTNERSHIP, #00-0476. Formal Restoration Hearing concerning the construction of a 30.5-foot by 30.5-foot gazebo structure positioned channelward of mean low water adjacent to their riverfront park at the confluence of Knotts Creek and the Nansemond River in the City of Suffolk. This case was continued until the Commission’s June 27th meeting at the applicant’s request.

7. ROBERT DeFORD, #05-2355, requests authorization to construct an 8-foot wide by 325-foot long community pier including a 14-foot wide by 69-foot T-head, a 10-foot by 20-foot floating pier, and 3-foot wide finger piers to provide a maximum number of seven (7) slips with uncovered boat lifts to serve the residents of a new subdivision situated along the Eastern Branch of the Elizabeth River in Virginia Beach. The adjoining property owner protests the project. The Commission voted, 7-0, to approve the project in modified form. The Commission approved a community pier with a maximum of five uncovered wet slips, eliminated both interior finger piers but authorized the movement of the floating pier channelward on the downstream side to create a fifth slip, and permitted an octagonal platform midway along the pier for safety reasons, but with a maximum width of 12 feet. 
[ AUDIO Item 7 ]

8. MICHAEL P. SAWYER, #06-0061, requests authorization to construct a 14-foot by 40-foot concrete, private, noncommercial boat ramp extending approximately 28 feet channelward of an existing timber bulkhead adjacent to his property situated along Hudgins Creek, a tributary of Stutts Creek in Mathews County. The adjoining property owners protest the project. The Commission voted, 7-0, to approve the permit as proposed.
[ AUDIO Item 8 ]

9. BAYMARK CONSTRUCTION CORPORATION, #05-2610, requests authorization to construct a 1,375-foot long by 10-foot wide open-pile, concrete fishing pier with a 116-foot long by 30-foot wide modified T-head and a 30-foot wide octagonal covered shelter and two (2) floating docks for water taxis and boat rentals at their property situated along the Chesapeake Bay in the Town of Cape Charles. The project is protested by a nearby licensed pound netter and the Arlington Plantation Home Owners Association. This case was continued until the Commission’s June 27th meeting at the applicant’s request.

10. DON WHITCOMB, #05-1409, requests authorization to construct an 8-foot wide by 30-foot long boat ramp extending approximately 17 feet channelward of mean low water, adjacent to his property situated along Glebe Creek in Westmoreland County. Both adjacent property owners protest the project. The Commission voted, 7-0 to approve the permit in accordance with staff recommendations.
[ AUDIO Item 10 ]

11. FARMINGTON FARMS HOMEOWNERS ASSOCIATION, #05-2964, requests authorization to construct a 12' wide by 40' long concrete boat ramp and a 6' wide by 40' long open-pile tending pier at property situated along the Pamunkey River in Hanover County. Wetlands and subaqueous permits are required. The Commission voted, 7-0 to approve the permit in accordance with staff recommendations.
[ AUDIO Item 11 ]

12. ANDREW EDMUNDS, #06-0670, requests authorization to construct 373 linear feet of
riprap revetment adjacent to his property situated along the James River immediately upstream of Osborne Park in Henrico County. A wetlands permit is required. The Commission voted, 7-0 to approve the permit in accordance with staff recommendations.
[ AUDIO Item 12 ]

13. DISCUSSION: Commission approval of the mandate assessment conducted pursuant to §§2.2-613 and 15.2-2903(6) of the Code of Virginia and Executive Memorandum 1-98. The two mandates involved are the:

- Wetlands Zoning Ordinance in Tidewater SNR.MRC001
- Coastal Primary Sand Dune Zoning Ordinance SNR.MRC002

The Commission voted, 7-0 to approve the retention of the two mandates for another five years with the next review scheduled for 2011.
[ AUDIO Item 13 ]

14. PUBLIC COMMENTS: Two persons spoke: Mr. Ellis James of Norfolk spoke on over-dredging and protection of wetlands and Mr. Francis Chester of Augusta County talked about the permit process and asked that his case be placed on the Commission’s June 27th meeting agenda.

14A. The Commission recognized long-time VMRC staff member Ellen B. Cosby with a plaque for outstanding service. Ms. Cosby will joint the staff of the Potomac River Fishery Commission (PRFC) on June 1.

14B. The Commission voted, 7-0, to allow Steven B. Clark to secure a duplicate waterman’s card and a duplicate striped bass permit because the originals were stolen. 
[ AUDIO Item 14 ]

15. PUBLIC HEARING: Consideration of Ernest L. George’s proposed placement of a pound net in the Rappahannock River. The proposal was protested during the 30-day comment period. The Commission voted, 7-0, approved the net, proving that all of the structure is at least 1,500 feet off the beach.
[ AUDIO Item 15 ]

16. PUBLIC HEARING: Consideration of amendments to Regulation 4VAC20-450, “Pertaining to the Taking of Bluefish.” The Commission voted, 7-0, to approve the amendments. 
[ AUDIO Item 16 ]

17. REQUEST FOR PUBLIC HEARING: Request for a short-term exemption to the slot limit and season requirements of Regulation 4VAC20-252, “Pertaining to Striped Bass” for recreational fishing tournaments. The Commission voted, 6-0, to set a public hearing at its June 27th meeting.

18. REQUEST FOR PUBLIC HEARING: To consider amendments to Regulation 4VAC20-150 and Regulation 4VAC20-900 et seq., concerning the harvest of horseshoe crabs by dredge and revisions to harvest and landing provisions for horseshoe crabs, respectively. The Commission voted, 6-0, to approve emergency amendments to 4VAC20-150 (Conch dredging) and set a public hearing for its June 27th meeting to consider making the amendments permanent. The Commission also voted, 6-0, to hold a public hearing at its June 27th meeting to bring its horseshoe crab regulation into compliance with Atlantic States Marine Fisheries Commission’s horseshoe crab management plan.

19. RECOMMENDATIONS OF THE RECREATIONAL FISHING ADVISORY BOARD. The Commission voted, 6-0, to approve the nine recommendations with seven fully funded and two partially funded with the Commercial Fishing Board. 
[ AUDIO Item 171819 ]



THE NEXT MEETING WILL BE HELD ON TUESDAY, June 27, 2006


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

2A.    WESTFIELDS BUSINESS OWNER’S ASSOCIATION, #06-0331, requests authorization to impact 19.7 linear feet of Flatlick Branch, a tributary to Cub Run, in Fairfax County as a result of the Stonecroft Boulevard expansion.  The bridge over Cub Run will be expanded to 52.5 feet wide.  A 10-foot by 14-foot culvert will be placed in Flatlick Branch to direct water under the road while the bridge is expanded and riprap will be utilized to maintain the low-flow channel.  Staff recommends a royalty of $1,034.50 for the enchroachment over 1,034.5 square feet of State-owned bottom at a rate of $1.00 per square foot.

2B.    DANIEL A. HOFFLER, 06-0578, requests authorization to temporarily install a 175-foot long by 5-foot wide pier, extending 131 feet channelward of mean low water near the southern end of the sandy spit at “Point Farm” along Cherrystone Creek in Northampton County. The temporary pier will be completely removed by August 31, 2006.

2C.    VIRGINIA INSTITUTE OF MARINE SCIENCE, 06-0749, requests authorization to construct a 1.3 mgd raw water intake consisting of two (2) 8-inch diameter pipes extending approximately 280 feet channelward of mean high water along the existing “Oyster Pier," two pre-cast concrete caissons under the existing pier to house the intake pumps, and a 13’ 3” by 20’ 3” pump house on the existing pier-head, and to install an 18-inch diameter outfall extending approximately 240 feet channelward of mean high water with a 10-foot long riprap gabion located at the channelward end of the outfall pipe.  The outfall pipe will be installed approximately 800 feet downstream of the Oyster Pier.  The intake and outfall structures are designed to provide raw seawater for the seawater research laboratory currently under construction at the Virginia Institute of Marine Science situated along the York River in Gloucester County. 

2D.    TRANSCONTINENTAL GAS PIPE LINE CORPORATION, #06-0254, requests authorization to conduct routine inspection and maintenance activities including the use of an existing petroleum pipeline at 22 jurisdictional stream crossings along a corridor that extends from the bank of the James River in Fluvanna County to compressor station # 185 in Prince William County. Anomalies detected within any section of the pipeline may require excavation and replacement or in-stream repairs.  Depending on the size of the stream and nature of the repair, temporary dams, cofferdams, and flume pipes may be installed to provide dry working conditions.  This project was originally permitted under our Virginia General permit (VGP#1) for VDOT activities, and has been taken over by the locality under the Local Partnership Funding Program to expedite construction.  Recommend our standard in-stream construction conditions apply, as well as time-of-year restrictions and mussel surveys/relocations if necessary as recommended by DGIF as well as upon the expiration of the public comment period on May 26, 2006.

2E.    TOWN OF FARMVILLE, #06-0809, requests authorization to replace and widen the VDOT Route 45 bridge crossing over the Appomattox River requiring the widening of the bridge deck from 44 feet to 59½ feet, the widening of the support piers: the excavation of 30 cubic yards of material below ordinary high water (OHW); placement of 30 cubic yards of permanent fill material below OHW; and the placement of 6,200 cubic yards of fill below OHW for the construction of the temporary construction causeways required to gain access to the bridge piers. Staff recommends our standard instream construction conditions.

2F.    NORFOLK YACHT AND COUNTRY CLUB, #01-1042, requests authorization to install seven (7) uncovered boat lifts at slip numbers 58, 51, 31, 29, 27, 24, and 22, all on  pier A, adjacent to their property situated along the Lafayette River in Norfolk.

2G.    MAXUM PROPERTIES, INC. #06-0560, requests authorization to construct a 6-foot wide by 94-foot long community fishing pier with a 14-foot wide by 24-foot T-head, a 5-foot wide by 115-foot long tending pier with an 8-foot by 64-foot L-head and a 14-foot wide by 115-foot long concrete boat ramp with two (2) 55-foot long vinyl sheetpile jetties to serve residents in the Pebble Beach Estates subdivision situated along the Mattaponi River in King and Queen County.  Recommend approval with an instream time of year restriction from March 15 through June 30 to minimize adverse impacts on anadromous fish and a royalty of $956.00 for the encroachment of the piers over 2,720 square feet of State-owned subaqueous land at a rate of $0.30 per square foot and the ramp over 280 square feet at a rate of $0.50 per square foot

2H.    VIRGINIA ELECTRIC AND POWER COMPANY, #98-0102, requests authorization to install a 230kV aerial transmission line across a tributary of the North Landing River and West Neck Creek to facilitate construction of their proposed Landstown to West Landing project in Virginia Beach.  Staff recommends a royalty of $1,416.00 for the encroachment of the line over 472 linear feet of State-owned subaqueous land at a rate of $3.00 per linear foot.

2I.    WILLIAM A. WHITE, #05-1897, requests authorization to remove an existing wharf and construct a new 8-foot by 68-foot private wharf with an uncovered boat lift and install and backfill approximately 326 linear feet of vinyl bulkhead aligned a maximum of two (2) feet channelward of the existing deteriorating bulkhead adjacent to his property situated along Rainey Gut in the Princess Anne Hills Park subdivision in Virginia Beach.  Staff recommends a royalty of $652.00 for the filling of 652 square feet of State-owned bottom at a rate of $1.00 per square foot. 
 
2J.    RICHARD A. MAGALIS, #04-0188, requests authorization to construct a 45-wide bridge over Crooked Run, a non-tidal tributary to the Shenandoah River, near Front Royal in Warren County to provide access into the proposed Blue Ridge Shadows residential development and Blue Ridge Shadows Golf Course.  The bridge structure will span approximately 30 feet of State-owned bottom and remain approximately 25 feet above ordinary high water.  Staff recommends a royalty of $2,700.00 for the encroachment over 1,350 square feet of State-owned bottom at a rate $2.00 per square foot. 

2K.    KEELING COVE, LLC, #05-0534, requests authorization to dredge approximately 8,980 cubic yards of State-owned submerged bottom to obtain maximum depths of minus four (-4) feet below mean low water to improve navigational access to properties situated along Keeling Cove, a tributary to the Lynnhaven River in Virginia Beach.  All dredged materials will be offloaded at a nearby upland site into sealed dump trucks and transported to a landfill in Chesapeake.  Staff recommends a royalty of $4,041.00 for the dredging of 8,980 cubic yards at a rate of $0.45 per cubic yard. 

2L.    CITY OF VIRGINIA BEACH, ET AL, #01-0951, requests authorization to modify and extend an existing permit to allow the 2006 beach nourishment cycle to include approximately 2 million cubic yards of beach quality sand, obtained from a borrow source located outside of Virginia’s Territorial Sea, to be placed on approximately five miles of Sandbridge Beach.  The permit will be extended 14 months, expiring on  October 1, 2007.

2M.    BAE SYSTEMS NORFOLK SHIP REPAIR, #06-0772, requests authorization to install one 27-foot by 29-foot mooring dolphin and expand two existing dolphins to 27.5-feet by 6-feet at Pier 6 adjacent to property situated along the Southern Branch of the Elizabeth River in Norfolk.  Staff recommends a royalty of $1,950.00 for encroachment on 975 square feet of State-owned submerged lands at $2.00 per square foot.

 2N.    R. FREDERICK BAENSCH, #06-0084, requests authorization to construct a 300-foot long commercial pier with an 81-foot long T-head, six (6)  finger piers and associated mooring piles, including a 3-pile cluster dolphin, to create a 14-slip commercial marina facility adjacent to their commercial property situated along Antipoison Creek off Windmill Point Road in Lancaster County.  Recommend approval with the use of a turbidity curtain during removal of all derelict structures associated with the ruined wharf at the site, and an annual royalty in the amount of $1,294.00 for the encroachment over 12,940 square feet of State-owned subaqueous bottom at an annual rate of $0.10 per square foot.

2O. BAE SYSTEMS NORFOLK SHIP REPAIR, #06-0791, requests authorization to install 250 linear feet of riprap revetment in front of an existing sheetpile bulkhead near Pier 6 located adjacent to property situated along the Southern Branch of the Elizabeth River in Norfolk.
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