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.
