The following are the agenda items from the Commission's regular May meeting held today at Commission headquarters. The Commission's action is in bold.
1. MINUTES of previous meeting. The Commission voted, 5-0, to approve the
minutes as circulated.
2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 7-0, to approve the permits with staff recommendations.
3. CLOSED SESSION. The Commission held a closed session to discuss three circuit court cases currently in litigation and the issue of "dockominiums."
4. JOHN LAPETINA, #05-0663. Commission review of the Norfolk Wetlands Board's April 13, 2005, decision to approve a permit to install a swimming pool within a coastal primary sand dune situated along the Chesapeake Bay in Norfolk. The Commission voted, 4-3, to remand the case to the Norfolk Wetlands Board.
5. CITY OF VIRGINIA BEACH, #96-0083, requests authorization to modify their existing permit to remove the time-of-year restriction of March 1 through September 30 imposed on maintenance dredging of the Lynnhaven Boat Ramp and Beach Facility municipal channel situated along Crab Creek in Virginia Beach. The Commission voted, 7-0, for a one-time approval with 14 days notice with other requirements.
6. MIKE B. MAYES, ET AL, #04-2780, requests after-the-fact authorization for a joint-use pier and boathouse and two (2) riprap groins at property situated along the James River in Surry County. An adjoining property owner protests the project. The Commission voted, 5-1-1 with Mr. McLeskey abstaining, to approve the after-the-fact permit.
7. CHARLES S. BEDFORD JR., #03-0717, requests after-the-fact authorization to retain a 10-foot long by 14-foot open-sided gazebo at his property situated along Willoughby Bay in Norfolk. The Commission voted, 7-0, to deny the after-the-fact permit and required removal within 60 days.
8. EAST WEST PARTNERS OF VIRGINIA, #03-1904, request authorization to construct a 6-foot wide community use pier with eight wetslips extending 250 feet channelward of mean high water to serve the residents of the Riverwatch Development situated along the Piankatank River off Hell Neck Road in Gloucester County. A local community league protests the project. The Commission voted, 6-1, to approve the permit.
9. DAVID LONG, #05-0423, requests authorization to construct a 200-foot long private, open-pile pier with a 16-foot wide by 25-foot long L-head, two (2) five-foot wide by 19-foot long finger piers, a 5-foot wide by 56-foot long timber catwalk and a 1,200 square foot non-commercial open-sided three-slip boathouse at property situated along the Warwick River in the City of Newport News. The Commission voted, 5-0-1 with Mr. Cowart abstaining, to approve the three-slip boathouse.
10. BOSWELL WILLIAMSON, #05-0153, requests after-the-fact authorization to retain a 12-foot long by 16-foot open-sided gazebo at his property situated along the Poquoson River in York County. The Commission voted, 6-0, to deny the after-the-fact permit and required removal within 60 days.
11. HUGH AND TUXIE COSNER, #04-2861, request authorization to construct a private, non-commercial pier, extending approximately 130 feet channelward of mean low water, with a 248 square foot L-head platform, and a 6-foot wide walkway extending 54 feet around a single boat slip with lift; to install six (6) mooring dolphins; and to construct a 16-foot wide, concrete boat ramp, extending approximately 50 feet channelward of mean low water, adjacent to their property situated along the Rappahannock River in Westmoreland County. A nearby property owner protests the project. The Commission voted, 6-0, to approve the project.
12. PUBLIC COMMENTS: Tom Powers of Poquoson, who was instrumental in the
passage of gear legislation at the 2005 General Assembly offered changes to
three existing regulations to better conform with the approved legislation.
The Commission voted, 6-0, to take the three measures to a public hearing at
the Commission's July 26th meeting. John Wyatt, a waterman from Chester, expressed
concern regarding problems of up river watermen and asked that the Atlantic
States Marine Fisheries Commission be asked to approve the retention of a bushel
by-catch of shad per boat. Currently, he said the shad are tossed overboard
to die. A similar request was proposed to certain ASMFC members earlier this
year, but found few states willing to support Virginia's request. Mr. Wyatt
urged that the Commission try again.
13. WETLANDS: Associate Member Garrison expressed his continued concern about wetlands mitigation and urged that the Commission continue efforts like the program approved last month towards a "no net loss" wetlands result.
14. EMERGENCY REGULATION: Associate Member Holland, who earlier had urged the Commission to provide alternate crab harvest hours for those watermen who seek a medical exception, asked for the approval of an emergency regulation. The regulation would allow another licensed waterman to serve as a mate with the hardship watermen, but that only the crab pots or peeler pots of the hardship waterman could be fished. During the alternate work hours only the pots of the hardship waterman can be worked. The Commission voted, 5-0, to adopt the emergency amendment to Regulation 4 VAC 20-270-30 (B) and set the measure for a public hearing at the July 26th Commission meeting to consider making the amendment permanent.
PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval; Approved in Item 2)
2A. NORFOLK SOUTHERN RAILWAY COMPANY, #05-1008, requests authorization to replace an existing timber open deck railway trestle with a concrete ballast deck trestle over the Nottoway River approximately 0.2 miles west of State Route 35 in Southampton County.
2B. DOMINION TERMINAL ASSOCIATES, #04-2850, requests a permit modification
to lengthen by 38 feet a previously authorized 610-foot long by 65-foot wide
concrete pier addition and to construct two (2) concrete platforms, measuring
43-foot long by 64-foot wide and 53.5-foot long by 15-foot wide, 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 JamesRiver
in Newport News.
2C. DEPARTMENT OF THE NAVY, #04-2704, requests authorization to install 12,000 linear feet of a floating barrier supported by plate anchors, lighted marker buoys, and warning signs, to serve as a protective waterfront barrier system and line of demarcation for the western boundary of the Naval Station Norfolk (NAVSTA) restricted waters situated along Hampton Roads in Norfolk. A similar project, VMRC #01-0001, was approved by the Commission on January 23, 2001.
2D. LAMBERT'S POINT DOCKS, INC., #05-0025, requests authorization to remove, by hydraulic dredging, 3,700 cubic yards of maintenance material and 266,000 cubic yards of new material to deepen a previously authorized mooring basin to reach maximum depths of -42 feet below mean low water in two slips and the associated access channel located at Pier P at their facility situated along the Elizabeth River in Norfolk. Staff recommends a royalty of $119,700.00 for the new dredging.
2E. COUNTY OF AUGUSTA, #04-2450, requests authorization to install 205 linear feet of riprap and to excavate river rock deposited during Hurricane Isabel from a channel and reroute the river to the original waterway channel in order to restore normal flow conditions and adjacent to property situated along the St. Mary's River in Augusta County.
2F. COUNTY OF YORK, #02-0220, requests a modification to their previously issued permit to install 9 mooring buoys at the Yorktown waterfront for use by transient boaters adjacent to their property situated along the York River in York County.
2G. TOLL ROAD INVESTORS PARTNERSHIP, II, #05-0929, requests authorization to widen both existing Sycolin Creek Bridge crossings by 18 feet each, into the median of the existing Dulles Greenway toll road, crossing approximately 40 linear feet of Sycolin Creek in Loudoun County.
2H. NEWPORT NEWS DEPARTMENT OF ENGINEERING, #05-0770, requests authorization to replace existing concrete pipes under Church Street and Normandy Lane with larger capacity box culverts (10' by 4') to reduce street flooding from Deep Creek, Hogge Pond and Normandy Lake in the City of Newport News.
2I. VIRGINIA DEPARTMENT OF TRANSPORTATION, #03-1612, requests a permit modification to revert to the original authorized location of the construction access trestle over the Pamunkey River on the New Kent County side to include a perpendicular turnout between Piers 28 and 29 and an additional 150 linear feet of trestle with 75 feet of perpendicular turnout on the West Point side to facilitate construction of four-lane bridges over Thorofare Creek, the Pamunkey River, West Point Creek and the Mattaponi River adjacent to the existing Route 33 Bridges in the Counties of New Kent, King William, King and Queen and the Town of West Point.
2J. NORTHROP GRUMMAN NEWPORT NEWS SHIPBUILDING, #00-0583, requests a five-year extension of their existing maintenance dredge permit which authorizes the mechanical dredging, on an as needed basis, of 300,000 cubic yards of State-owned bottom material from the James River to create and maintain maximum depths ranging from -25 feet to -70 feet at mean low water adjacent to their facility in Newport News. Additionally, a modification is sought to add the dredge footprint previously authorized by VMRC Permit #03-0913 around Pier #3 and to deepen by a maximum of six feet project depths at four (4) depositional areas adjacent to Dry Docks 1, 2, 4, and 11 to allow for unimpeded dry dock gate operations. All dredged material will be transported directly to Craney Island for disposal. Recommend a royalty of $2,396.25 for the new dredging of 5,325 cubic yards of State-owned subaqueous bottom material at a rate of $0.45 per cubic yard.
2K. RANDOLPH H. PACK, #05-1180, request authorization to maintenance dredge up to 1,500 cubic yards of State-owned subaqueous bottomland at the applicant's marina facility (Smithfield Station) in the Pagan River in the Town of Smithfield. Staff recommends a pre-dredge conference and a requirement to submit a post-dredge survey. Staff also recommends a time of year restriction for dredging from February 15 through June 30 to protect anadromous fish species.
2L. BERTHA A. BURKE, ET AL , #05-0686, requests authorization to install four (4) 150 foot long by 26-foot wide, quarry stone breakwaters, located approximately 100-feet channelward of mean low water and spaced 160-feet apart, with 10,000 cubic yard of associated beach nourishment along 1,300 linear feet of shoreline on Chesapeake Bay on Fleets Island near North Point in Lancaster County.
2M. J. CARTER LUCK, ET AL, #04-1745, requests authorization to mechanically dredge approximately 5,225 cubic yards of bottom material, of which 4,425 is new dredging, to provide navigable channels and boat basins possessing maximum project depths of minus four and one-half feet (-4.5') feet at mean low water with a six-inch overdredge tolerance to facilitate navigational access to the Western Branch of the Lynnhaven River in Virginia Beach. Recommend approval with a dredging royalty of $1,991.25 for the dredging of 4,425 cubic yards of State-owned subaqueous bottom material at a rate of $0.45 per cubic yard and a time-of-year dredging restriction which precludes dredging during the period of March 1 through September 30 to protect shellfish spawning periods and juvenile summer flounder recruitment.
2N. HENRICO COUNTY DEPARTMENT OF PUBLIC WORKS, #04-2899, requests a modification to their existing permit to allow for an additional 88 linear feet of riprap scour protection for their proposed replacement of the Hungary Road Bridge over the North Run in Henrico County
NEXT MEETING: July 26, 2005