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COMMISSION ACTIONS JULY 2005

July 2005 COMMISSION ACTIONS

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

1. MINUTES of previous meeting. The Commission voted 5-0 to approve the minutes with Mr. Schick and Bowden and Dr. Jones abstaining

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted 6-0-1 (with Mr. Schick abstaining on item S4) to approve the permits.

3. CLOSED SESSION. No session was held.

4. JANE M. BROWN, #04-2349, requests authorization for after-the-fact approval to retain a partially constructed and authorization to complete construction of a 34-foot by 82-foot two-story marina store/customer lounge/office/storage building; and after-the-fact approval of a 32-foot by 36-foot pier platform extension over State-owned subaqueous lands of Jones Creek, a tributary to the Pagan River at 10180 Browns Marina Road in Isle of Wight County. The Commission voted, 7-0, to approve an after-the-fact permit with various changes.

5. GREG LEWIS, #04-1522, requests authorization to construct a 36-foot long by 16-foot wide (576 sq ft), private, non-commercial, open-sided boathouse adjacent to his property situated along the little Wicomico River in Northumberland. An adjacent property owner protests the project. The Commission voted, 5-0-2, to approve the permit with Associate Members McLeskey and Dr. Jones abstaining because they were absent during the discussion.

6. ROBERT A. ELAM, #05-0316, requests authorization to construct a 16-foot wide by 40-foot long, open-sided boathouse, onto an existing private, non-commercial pier, adjacent to their property situated along Nomini Creek in Westmoreland County. An adjacent property owner protests the project. The item was struck from the agenda after the protest was withdrawn.

7. GREGORY GARRETT, #05-0450, requests authorization to construct a second 6-foot wide by 150-foot long private, non-commercial, open-pile pier, including 4-foot by 28-foot and 4-foot by 60-foot L-shaped finger piers to provide moorings for his personal vessels at his property situated along the York River in York County. In addition, the applicant proposes to install six (6) mooring piles in a protected cove behind the property with connection to the 'Sandbox.' An adjacent property owner protests the project. The Commission voted, 6-1, to approve the York River pier project. The Code of Virginia allows the pier extension project in the adjacent cove without a permit requirement. 

8. PUBLIC COMMENTS: David Long asked the Commission to reconsider action taken on his permit #05-0423 at its June meeting. The Commission declined to take any action in the case. Mr. Long can still appeal the decision to the Circuit Court.

9. PUBLIC HEARING: Consideration of changes in commercial and recreational license and permit fees. The Commission voted, 4-1, to approve license and permit fee increases utilizing the 66% of the Consumer Price Index aggregate increases with several exceptions. The recreational fishing license will go up from $7.50 to $12.50 per year and the commercial fishing license will increase from $150 to $190.

10. PUBLIC HEARING: Consideration of amendments to Regulation 4VAC20-270, "Pertaining to Crabbing", to allow those granted medical exceptions to the 8-hour work day to use mates who are licensed crabbers.  The Commission voted, 6-0, to approve the amendments, making the emergency amendments permanent.

11. PUBLIC HEARING: Consideration of Proposed amendments to regulations 4VAC20-670 and 4VAC20-80 concerning the use of recreational cast nets, dip nets, and eel pots.  The Commission voted, 6-0, to approve amendments to each regulation.

12. REQUESTS FOR PUBLIC HEARING: a) modifications to the recreational striped bass regulations for the Fall 2005 fishery, b) changes to the commercial striped bass tagging program for 2006, c) additional measures to improve compliance with the commercial striped bass tag program, and d) modifications to gill net mesh size requirements to reduce the harvest of large striped bass. The Commission voted 6-0 to set these issues for public hearing at its August 23rd meeting. In addition, Associate Member Bowden asked that another issue-setting the maximum size gill net in the coastal fisheries-also be included in the public hearings. 

13. FAILURE TO REPORT COMMERCIAL HARVEST: consideration of individual cases.  The Commission voted, 6-0, to suspend the commercial fishing license of one waterman who has consistently failed to report his harvest.

14. REQUEST: To extend the clam relay season from August 15 through September 30, 2005. The Commission voted, 6-0, to approve the request. A public hearing on the measure was set for the Commission's August 23rd meeting.

15. REQUEST: For exception to the limited entry criteria for the Black Drum Fishery. The Commission voted, 6-0, to approve a one-in, one-out entry into the fishery.


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

2A. MID-ATLANTIC BROADBAND COOPERATIVE, ET AL, #05-1060, requests authorization to install fiber optic lines across 28 jurisdictional streams and rivers within the following counties: Patrick, Henry, Pittsylvania, Halifax, Mecklenberg, Brunswick, and Franklin. Lines will cross State-owned submerged bottom using existing and new aerial crossings, attachments to existing bridges, trenching within existing crossings, and directionally boring under stream bottoms. No direct impacts are proposed to the jurisdictional streams. The general route of the proposed installation parallels U.S. Highway 58 from Patrick County to Brunswick County with one northern extension along U.S. Route 220 in Henry and Franklin County and one northern extension along U.S. Route 360 in Halifax County.

2B. SPOTSYLVANIA COUNTY DEPARTMENT OF PUBLIC UTILITIES, #04-2911, requests authorization to install a total of approximately 70 linear feet of sewerline, crossing under Massaponax Creek and its immediate tributaries in five separate locations, and to stabilize the stream crossings with approximately 273 square feet of Class B riprap, associated with the Massaponax/Thornburg Sewer Interceptor Replacement project in Spotsylvania County. Recommend approval with standard in-stream conditions.

2C. COLUMBIA GAS TRANSMISSION CORPORATION, #05-0828, requests authorization to repair or replace existing, 30-inch diameter gas pipeline segments along a 10.3 mile section of Line VC, possibly requiring the excavation, exposure, and replacement of the pipeline along Goose Creek, Sycolin Creek, and Tuscarora Creek in Loudoun County. Recommend approval with standard in-stream conditions.

2D. COLONIAL BEACH YACHT CENTER, #03-0144, requests authorization to modify a previously permitted project, by removing three (3) 22-foot wide by 45-foot long uncovered boat slips from "E" Dock, removing the 25-foot high covered roof portions over the first four (4) 22-foot wide by 45-foot long landward boat slips on "D" Dock; and to extend the four-foot wide finger piers on "E" and "D" Docks to the end of each slip, to construct three (3) 22-foot wide by 65-foot long by 35-foot high covered boat slips on the southwestern end of "A" Dock, to construct three (3) 4-foot wide by 65-foot long finger piers adjacent to the three modified slips, to construct a 12-foot wide by 104-foot long pier segment connecting "E" and "A" Docks that will include approximately 864 square feet of deck platforms for improved handicap access and aquaculture related activities, and to install boat lifts on each of the 158 permitted boat slips, adjacent to their marina situated along Monroe Bay in the Town of Colonial Beach, Westmoreland County. Recommend approval contingent upon the completion of public and agency comment periods without protest.

2E. CITY OF LEXINGTON, #02-0584, requests authorization to reactive, extend, and modify their Commission authorized permit to install a 250-foot long by 12-foot wide pile-supported pedestrian bridge, connecting the Woods Creek and Chessie Trails, over the Maury River in the City of Lexington. The new bridge will be reduced to 8 feet in width and relocated 220 feet downstream of the previously authorized location.

2F. COLUMBIA GAS TRANSMISSION CORPORATION, #05-0830, requests authorization to repair or replace, on an as-needed basis, stream crossings of Mill Creek in Rockbridge County, Moores Creek and the South River in the City of Waynesboro, Marl Creek, Johns Run, and Saw Mill Run, in Augusta County, Moomans River, Doyles River, Mountain Creek, and the Roach River in Albemarle County, Lynch River, the Roach River, and Swift Run in Greene County. Staff recommends standard instream construction conditions and that all impacted streambeds be returned to their pre-existing condition following completion of repairs.

2G. VULCAN CONSTRUCTION MATERIALS, LP, #05-1242, requests authorization to install six (6) 19-pile/steel industrial mooring dolphins adjacent to their Port Norfolk facility situated along the Western Branch of the Elizabeth River in Norfolk.

2H. NAVAL FACILITIES ENGINEERING COMMAND, #05-0539, requests authorization to construct a 325-foot long by 50-foot wide relieving platform and bulkhead at Pier 7 adjacent to property situated along the Elizabeth River in Norfolk.

2I. CITY OF WAYNESBORO, #05-1110, requests authorization to install replacement sewer lines with two crossings on the South River, one near Hopeman Parkway and one at the existing sewage treatment plant, and nine crossings of District Home Creek and its unnamed tributaries in the City of Waynesboro.

2J. LYON SHIPYARD, #05-0984, requests authorization to maintenance dredge, on an as-needed basis, to depths varying for -12 feet below men low water to -42 feet at mean low water at their facility near the Campostella Bridge situated along the Southern Branch of the Elizabeth River in Norfolk.

2K. NORFOLK YACHT AND COUNTRY CLUB, #01-1042, requests authorization to install 8 uncovered boatlifts at existing slips and a 100 foot long by 20 foot wide floating marginal wharf with two 8-foot long access ramps adjacent to their property situated along the Elizabeth River in Norfolk.

2L. VIRGINIA INSTITUTE OF MARINE SCIENCE, #05-0977, requests authorization to deploy eight (8) 10-foot by 10-foot metal cages extending two feet above the substrate at a location between the Old Ferry Pier and the VIMS Oyster Pier in conjunction with an oyster experiment to be conducted over a three (3) year period in the York River adjacent to the VIMS campus in Gloucester County.

2M. SOMERSET STOKES, LLC, #05-1026, requests authorization to construct 462 linear feet of riprap breakwaters, sills and spurs, place 600 cubic yards of sand landward of the shoreline structures as beach nourishment, to plant the nourished areas with appropriate wetland vegetation, and to construct a community use pier, with no boatslips, extending 321 feet channelward of mean high water adjacent to their development situated along the York River at the end of Stokes Road in Gloucester County.

2N. TURNER MARINE SERVICES INC., #05-1154, requests authorization to construct a 272-foot by 83-foot floating boathouse to replace a similarly sized open-pile boathouse that was destroyed in a recent fire and to complete the construction of a previously authorized 45-foot by 54-foot boathouse addition, for which the permit has expired, at the Horn Harbor Marina facility situated along Horn Harbor in Mathews County.

2O. RAPPAHANNOCK SHORES ASSOCIATION, #03-7221, requests a permit modification to allow for the addition of eight (8) 2-foot wide by 9-foot long finger piers on their existing community pier #2 at their property situated along the Rappahannock River in Essex County.

2P. EQUITABLE PRODUCTION COMPANY, #05-1439, requests authorization to install by directional drill method a submerged natural gas transmission line beneath approximately 55 linear feet of the McClure River adjacent to SR 83 and the Red Ridge Tunnel in Dickenson County. Recommend approval pending expiration of the public comment period ending July 28, 2005.

2Q. CITY OF VIRGINIA BEACH, #04-1913, construct 1,100 linear feet of steel sheetpile bulkheading, two (2) storm water outfalls with riprap scour protection, replace an existing 36" submerged water main with two (2) 20-inch diameter lines and replace an existing twin concrete box culvert crossing of Little Neck Creek with a pre-cast concrete arched bridge crossing to facilitate construction of the Laskin Road and 30th Street Gateway Project in Virginia Beach.

2R. GLEBE HILL ASSOCIATES, INC., #04-2063, requests authorization to construct a 90-foot long by 28-foot wide clearspan bridge across Crump Creek to facilitate vehicular access to a proposed residential subdivision in Hanover County.

2S. DEPARTMENT OF THE ARMY, #05-0621, requests authorization to dredge 37,000 cubic yards of subaqueous bottom material from their Dogue Creek Marina basin, to create maximum depths of minus six (-6) feet at mean low water; and to dredge 38,000 cubic yards of subaqueous bottom material to create an approximate 6,600-foot long by 40-foot wide navigable access channel, also possessing maximum depths of minus six (-6) feet at mean low water, adjacent to the U.S. Army Garrison, Fort Belvoir, in Fairfax County. All of the dredged material will be transported by barge to, and offloaded at, the Dominion Virginia Power Possum Point Station in Prince William County for upland disposal. Impacts to submerged aquatic vegetation (SAV) will be compensated for by planting two (2) acres of SAV within nearshore restoration areas along the Fort Belvoir installation shoreline, as outlined in their SAV Mitigation Plan - Revised Draft dated July 14, 2005. Recommend a time-of-year dredging restriction to preclude dredging during the period of March 15 through September 30 to protect anadromous fish and other aquatic biota, and a condition to require that SAV mitigation reports be submitted to the Commission annually, no later than December 31st, following monitoring activities, that are consistent with the Commission's Submerged Aquatic Vegetation Transplantation Guidelines (4 VAC 20-337-10). Staff further recommends that in the event of mitigation failure, the applicant be required to seek a permit modification to incorporate a new mitigation plan.


NEXT MEETING:  August 23, 2005

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