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COMMISSION ACTIONS JULY 2006

The following are the agenda items from the Commission's regular meeting held July 25, 2006 at Commission headquarters. The Commission's actions are in bold.  Linked audio files are in the MP3 file format and require an installed media player such as Windows Media Player or Real Player.  Individual MP3 files are relatively large and may take 1 to 10 minutes to download depending on your internet connection.  Note also that the audio links frequently begin with up to 10-15 seconds of the previous case; please listen closely to be sure you have selected the desired item.

1. MINUTES of previous meeting. The Commission voted, 6-0, to approve the minutes.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 6-0, to approve the permits with staff recommendations. 

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. There was no closed meeting.

 [ AUDIO Items 1-3 ]


4. STAFF REPORT regarding Ms. Mary Hill's Oyster Planting Ground situation. Mr. Ben Stagg, head, Surveying / Engineering Department and Ms. Jane McCroskey, Chief, Administration and Finance Division presented reports emphasizing that the Commission was in no legal position to help Ms. Hill regarding fees paid to a Norfolk newspaper regarding the advertising of oyster planting ground applications. She was told, Senior Assistant Attorney General Carl Josephson, the agency’s legal counsel emphasized, that her only available remedy was through the Virginia Department of Risk Management.  [ AUDIO ]

5. ROBERT HOLLOWAY, #02-0012.  Clarification of the Commission's June 27, 2006, decision regarding Mr. Holloway's unauthorized construction at his property situated along the Poquoson River in York County. The Commission voted, 6-0, to reactivate the modify Mr. Holloway’s previous permit, #02-0012, which negated the need for treble permit fees and reiterated the assessment of a $1,000 in civil charges and requirement for new as-built drawings.   [ AUDIO ]

6. HARBOUR VIEW LIMITED PARTNERSHIP, #00-0476.    Formal Restoration Hearing concerning the construction of a 30.5-foot by 30.5-foot gazebo structure (approximately 730 square feet) channelward of mean low water adjacent to a riverfront park at the confluence of Knotts Creek and the Nansemond River in the City of Suffolk.  The case was deferred from the June meeting. The Commission voted, 6-0 with Mr. Robins abstaining, to reactivate and modify the 2000 permit #00-04762 and approve the gazebo as constructed and depicted in revised drawings reflecting its current position. [ AUDIO ]

7.  C. W. LAWRENCE, JR., #03-1086, requests authorization to retain a previously installed boat-lift along a permitted 8-foot by 36-foot open-pile pier, and to modify his existing permit to construct an 8-foot by 20-foot pier extension; install a 6-foot by 80-foot floating pier; and to install a 4-foot by 55-foot floating pier adjacent to his commercial property along Jones Creek, a tributary to the Pagan River in Isle of Wight County. The Commission voted, 7-0, to allow the retention of a previously installed boat-lift and the other modifications as requested contingent on the applicant’s agreement to pay a civil charge of $600.  [ AUDIO ]

8.  WILLIAM J. MEAGHER, #06-0204, requests authorization to construct a 15-foot by 20-foot riprap breakwater and a 15-foot by 40-foot riprap breakwater, 75 linear feet of riprap marsh toe sill, and to place 50 cubic yards of sand landward of the breakwaters, as beach nourishment, adjacent to his property situated along Stutts Creek in Mathews County.  The project is protested by an adjoining property owner. The Commission voted, 7-0, to approve the permit for the fill and breakwaters, but denied the permanent placement of beach nourishment material. The Commission did approve the temporary placement of 50 cubic yards of sand if necessary for construction purposes, but required that it be placed on filter cloth material and required it to be  removed at the conclusion of the project construction.  [ AUDIO ]

9.  PORT ROYAL FISH HOUSE, L.L.C., #05-2547, requests authorization to extend an existing commercial pier to approximately 245 feet to create a 14-slip commercial marina.  The project also includes the installation of 108 linear feet of riprap revetment and the dredging of 380 cubic yards of State-owned subaqueous material, to create maximum depths of minus two and one half (-2.5) feet at mean low water.  The Port Royal Fish House is situated along the Rappahannock River immediately northwest of the James Madison (Route 301) Memorial Bridge in Caroline County.  Both Wetlands and Subaqueous permits are required.  The project is protested by an adjacent property owner. The Commission voted, 4-3, to approve the project with staff recommendations that included denial of proposed dredging on the downstream side of the project, but permitted a relocation of the floating pier to the -1.5 foot contour, which would still allow appropriately 60 feet on the downriver side of the pier for transient moorings.  [ AUDIO ]

10.  MR. & MRS. ROB BOSWELL, #04-2357, request authorization to construct a 70-foot long by 6-foot wide extension to their existing 91-foot long, private, noncommercial timber pier at their property situated along Kingscote Creek in Northumberland County.  The project is protested by the affected oyster ground lease holder. The Commission voted, 4-2, to approve a 40-foot extension of the pier which would get it to a maximum of 122 feet channelward of the mean low water mark.   [ AUDIO ]

11.  JERRY W. FERGUSON.  Commission consideration of the appropriate terms and conditions to accompany the conveyance of a causeway and island located on approximately 1.2 acres of State-owned submerged land in the Rappahannock River adjacent to an easement from State Route 600 in Middlesex County as authorized by Chapter 201, Acts of Assembly 2006. The Commission voted, 4-2, to approve the conveyance of property authorized by the General Assembly and assessed Mr. Ferguson a royalty in the amount of $2.75 per square foot for 1.2 acres of state-owned submerged lands that area of the causeway and island covered with fill at a total cost of $143,748.   [ AUDIO ]

12.  FRANCIS CHESTER, #05-0057, request for review of the royalty assessment of $1,140.75 for the encroachment over 760.5 square feet of State-owned submerged lands at a rate of $1.50 per square foot for the permit issued to Mr. Chester to construct a 13-foot wide by 66-foot long bridge that spans 58.5 feet of Jennings Branch in Augusta County. The Commission voted, 7-0, to uphold the staff decision regarding the royalty assessment of $1,140.75, given the commercial nature of Mr. Chester’s bridge structure. [ AUDIO ]

13.  DISCUSSION:  Request for supplemental Commission guidance concerning royalty assessment procedures. The Commission voted, 6-0 with Mr. McLeskey abstaining, to exempt from future royalties any cradle and rail boatlifts and associated finger piers and pilings that were being installed in previously existing and authorized slips. As such, the Commission also voted, 7-0, to refund any previously paid royalties that had been assessed on previously charged slips between December 1, 2005 when the new royalty assessment procedure when into place and July 25, 2006.  [ AUDIO ]

14.  DISCUSSION:  Repeal of the Commission's "Private Pier Guidance Criteria" given recent Code changes. The Commission voted, 7-0, to repeal the criteria given the recent Code changes. 

15. PUBLIC COMMENTS: There were two public comments: one, warning the Commission about activities related in water projects that could potentially continue to pollute the Chesapeake Bay and its tributaries; and two, asking the Commission to examine the fact that some peeler crabbers are leaving their pots in the water and not removing them at the end of the season. With the pots still in the water and not worked, they collect dead crabs and fish and pollute the waters.
[  AUDIO for Items 14 and 15 ]

16.  FAILURE TO REPORT HARVEST, as required by Regulation 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting". The Commission voted, 5-0 with Mr. Robins abstaining, to place five watermen on one-year probation for failure to report harvest and suspended two watermen until they come to a Commission meeting and their cases are considered. 

17. PUBLIC HEARING:  Proposed amendments to Regulation 4 VAC 20-566, "Pertaining to the Hampton Roads Shellfish Relay Area" to permanently extend the relay season to September 30th of each year. The Commission voted, 6-0, to approve the proposed amendments.
 
[  AUDIO for Items 16 and 17 ]

THE NEXT MEETING WILL BE HELD ON TUESDAY, AUGUST 29, 2006


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 modify a previously issued permit to add one (1) additional aerial crossing, of a fiber optic line, across the Meherrin River, in the town of Emporia in Greensville County.  Recommend a royalty of $390.00 for the encroachment over 130 linear feet of State-owned subaqueous land at a rate of $3.00 per linear foot.

2B.    FLUVANNA COUNTY BOARD OF SUPERVISORS, # 04-0805, requests authorization to construct a dual water intake structure comprised of two (2) 18-inch diameter raw water intake pipes which will extend 120 feet channelward of ordinary high water located 2000 feet downstream of the John H. Cooke Memorial Bridge crossing of the James River in the vicinity of the Bremo Bluffs power plant in Fluvanna County.  Staff recommends approval of the project with our standard instream conditions and further that the Permittee is authorized a maximum daily withdrawal rate of 5.7 mgd with an intake velocity not to exceed 0.25 feet per second and an intake screen size no greater than one (1) millimeter.

2C.    NOKESVILLE DESIGN, PLC, #06-1126, requests authorization to construct a 21-foot wide, concrete, arch span bridge, crossing over 25 linear feet of Slate Run with a minimum 9-foot clearance above ordinary high water, adjacent to the proposed Cowne residence off Parkgate Drive in Prince William County.  Staff recommends a royalty in the amount of $787.50 for the encroachment over 525 square feet of State-owned subaqueous land at a rate of $1.50 per square foot.

2D.     COLONIAL PIPELINE COMPANY, #06-1301, requests authorization to conduct routine inspections and maintenance activities of an existing 8-inch diameter petroleum pipeline (Line 25) at 16 jurisdictional stream crossings to include the North Fork of Goose Creek, Big Otter River, North Otter Creek, Elk Creek, and Ivy Creek in Bedford County, the James River in the City of Lynchburg, the James River and Harris Creek in Amherst County, Bent Creek and David Creek in Appomattox County, and Austin Creek, the North River (3 locations), Slate River, and Troublesome Creek in Buckingham 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. Staff recommends standard in-stream construction conditions and a time-of-year restriction from March 15 to July 15 for work at crossings #1, 2, 3, 6, and 7 and from March 15 until June 30 for work at crossings #8, 9, 15, and 16 for protection of fish spawning areas.
 
2E.    CITY OF NORFOLK, #06-0518, requests authorization to reconstruct the Haven Creek Public boat ramp facility with the construction of a 58-foot long by 30-foot wide concrete boat ramp with 115 linear feet of riprap scour protection and two (2) 114-foot long by 8-foot wide tending piers, a 55-foot long by 5-foot wide aluminum ramp to a 40-foot by 14-foot floating small vessel launching platform, 363 linear feet of bulkhead no greater than 2 feet in front of an existing deteriorated bulkhead, 60 linear feet of riprap, and a  325-foot long by 6-foot wide open-pile marginal wharf adjacent to property situated along Haven Creek in Norfolk.

2F.  Robert Buchanan, 06-0540

2G.    SPECTRUM AT WILLOUGHBY HARBOR, #04-0345, requests authorization to modify their permit to expand an existing fishing pier to include a 29-foot by 30-foot T-head, add a 22-foot long by 15-foot wide open-pile pier and a 35-foot long by 6-foot wide gangway to access a 455-foot by 15-foot floating breakwater/pier with eight finger piers (three 63-foot long by 6-foot wide, three 83-foot long by 6-foot wide, and one 103-foot long by 15-foot wide) to accommodate 15 slips, and 350 linear of riprap adjacent to property situated along Willoughby Bay in Norfolk.  Staff recommends a royalty of $55,590.00 for 37,060 square feet of encroachment at $1.50 per square foot for the pier and $480.00 for 480 square feet of encroachment at $1.00 per square foot for the expansion of the fishing pier.


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