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COMMISSION ACTIONS DECEMBER 2005


1. MINUTES of previous meeting. The Commission approved the minutes.

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, to approve the permits with the exception of #2E, which will be carried over to the January meeting when a public hearing on the case will be held.

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. The Commission voted, 8-0, to go into closed session to discuss with counsel agenda items #5 and #6.

4. KINDER MORGAN BULK TERMINALS, INC., #05-2232, requests authorization to construct a 220-foot long extension to Pier IX, a new 1,200-foot long concrete pier (Pier X) and dredge approximately 383,200 cubic yards of bottom material to facilitate expansion of their marine terminal situated along the James River in Newport News. An adjacent property owner protests the project. Continued from the November 22, 2005, Commission hearing. The Commission voted, 6-1, to approve the permit as modified.

5. ALICE SIEGEL, #01-0055. Commission consideration of a 39-foot by 43-foot private, non-commercial enclosed boathouse constructed in non-compliance (Sworn Complaint #02-16) with its VMRC permit at property situated along the Pamunkey River in King William County. Continued from the November 22, 2005, Commission hearing. The Commission voted, 5-2, to approve the issue as presented under an agreement offered by Mrs. Siegel including a $5,000 civil charge to the property owner. The Commission also added a $10,000 civil charge for the contractor.

6. TONI SLOAN, #05-1639, requests after-the-fact authorization to retain a 57-foot long by 12-foot wide private, pre-cast concrete boat ramp, which extends approximately 13-feet channelward of mean low water, adjacent to her property along the Rappahannock River at the end of Beach Road near White Stone in Lancaster County. Deferred at the applicant's request from the November 22, 2005, Commission meeting. The Commission voted, 5-1-1, to approve the after-the-fact permit with a $1,800 civil charge against the applicant and a $1,800 civil charge against the contractor in lieu of other enforcement action.

7. CHRIS SEWARD, #05-2522. Commission review of the Virginia Beach Wetland Board's November 21, 2005, decision to approve, without compensation for filled wetlands, a request to retain a previously unauthorized 71-foot bulkhead installed adjacent to the applicant's property situated along a manmade canal tributary to Back Bay in Virginia Beach. The Commission voted, 7-0, to remand the case to the Virginia Beach Wetlands Board to consider compensation for the permitted wetlands losses.

8. ROBERT WELLS, #05-1036. Commission review, on appeal by the applicant, of the October 19, 2005, decision by the Northampton County Wetlands Board to deny a proposal to install a series of stone breakwaters with beach nourishment and marsh toe protection at his property situated along the Chesapeake Bay at the mouth of Hungars Creek in the Vaucluse Shores subdivision of Northampton County. The Commission voted, 7-0, to remand the case to the Northampton County Wetlands Board to resolve erosion conditions at the site.

9. WILLIAM HAMMOND, #05-1936. Commission review of the October 27, 2005, decision of the Accomack County Wetlands Board to approve the construction of 284 linear feet of timber bulkhead, aligned channelward of a deteriorated wooden bulkhead and the backfilling of 1,020 square feet of vegetated tidal wetlands at his property situated along Chincoteague Channel at 2553 Main Street in the Town of Chincoteague. The Commission voted, 7-0, to remand the case of the Accomack County Wetlands Board for a re-evaluation of the bulkhead alignment and compensation for any permitted wetlands loss.

10. RONALD W. BOONE, #04-2187, requests after-the-fact authorization to retain a second story 20-foot by 30-foot office, and authorization to increase the size of a previously authorized gazebo to 15-foot by 15-foot and the two (2) previously authorized shelters to 30-foot by 15-foot, all on the Ocean View Fishing Pier adjacent to property situated along the Chesapeake Bay in Norfolk. The case was continued at the applicant's request until the Commission's January meeting.

11. CUMBERLAND COUNTY, #05-0852, requests authorization to dredge approximately 15,000 cubic yards of State-owned submerged land and construct a raw water infiltration intake structure in the James River in the vicinity of the mouth of Cobbs Creek. The intake is designed to withdraw a maximum of 53 mgd at a maximum rate of 0.25 feet per second as part of the Cobbs Creek Reservoir Project. An adjacent property owner protests the project. The Commission voted, 7-0, to approve the project in accordance with the staff recommendations.

12. BOY SCOUTS OF AMERICA - COLONIAL VIRGINIA COUNCIL, #05-2049, requests authorization to construct a 6-foot by 930-foot floating pier addition with seven (7) wetslips to replace and extend an existing open-pile pier to a total length of 1,133 feet channelward of mean high water adjacent to their property situated along McKans Bay on the Rappahannock River in Middlesex County. The Commission voted, 5-1, to continue the matter to the January Commission meeting to provide the applicant and staff further opportunity to look at alternative designs and/or locations to address staff's concerns and possibly accommodate the Scouting program goals.

13. COLONIAL PIPELINE COMPANY, #05-2245, requests authorization for the replacement or repair of petroleum pipeline (Line 27) segments at multiple stream crossings, as needed, in Cumberland, Powhatan, Chesterfield, Charles City, James City Surry and Isle of Wight Counties and the Cities of Richmond, Suffolk and Chesapeake. Both wetlands and subaqueous permits are required. The Commission voted, 6-0, to approve the permit with staff recommendations, with the exception of the requirement to come back before the Commission for further approvals. To the extent there is an emergency, the Commission and staff would be empowered to modify the permit to accomplish those repairs. 

14. PUBLIC COMMENTS: There were no comments.

15. The Virginia Institute of Marine Science presentation of the oyster abundance on Steamer Rock. VIMS made its report.

16. PUBLIC HEARING: Request to make emergency pound net exemption permanent (Regulation 4 VAC 20-20-10 et seq.) The Commission voted, 6-0, to make the pound net exemption permanent. The Commission also voted, 6-0, to set an emergency regulation extending the exemption for one year and will hold a public hearing at its January meeting to consider making the regulation amendment permanent.

17. PUBLIC HEARING: Pertaining to requirements for harvesting horseshoe crabs in Virginia (Regulation 4 VAC 20-900-10 et seq.) The Commission voted, 5-0, to approve the amendments including an increase from 4,000 to a 5,000 crab trip limit.

18. PUBLIC HEARING: Request to make emergency Winter II scup possession limit permanent (Regulation 4 VAC 20-910-10 et seq.) The Commission voted, 5-0, to make the emergency provision permanent. 

19. PUBLIC HEARING: Requested revision of requirements associated with transfers of crabbing licenses (Regulation 4 VAC 20-1040-10 et seq.) The Commission voted, 6-0, to approve the amendment deleting the boat sale requirement from the transfer regulation.

20. EMERGENCY REGULATION: Establishment of 2006 black sea bass directed and by-catch quotas and provisions (Regulation 4 VAC 20-950-10 et seq.) The Commission voted, 6-0, to adopt an emergency regulation and will hold a public hearing at its January meeting to consider making the regulation amendment permanent.

21. REPORT on Mr. James Fletcher's requests to increase the Virginia commercial summer flounder possession limit and 10-day landing period. The Commission voted, 5-0, to take no action. 

22. REPORT on the feasibility of a cownose ray bounty system. Staff recommended no bounty system at this time. 

23. PUBLIC HEARING REQUEST: to make emergency allowance of hand scrape harvests of oysters, in Potomac River tributaries to Virginia, permanent (Regulation 4 VAC 20-720-10 et seq.) The Commission voted, 5-1, to allow hand scrape harvests to continue through January 31, 2006, on five rocks that are currently open.

24. REPORT on the Shellfish Committee meeting of November 29, 2005, with a possible request for a public hearing. The Shellfish Committee asked to hold public hearings on the opening to harvest of two areas: in the lower Rappahannock and the upper James rivers. The Commission voted, 5-1, to hold a public hearing on these requests at its January meeting.

25. REVIEW of FMAC recommendation on management measures for sheepshead; a request for public hearing. The Commission voted, 6-0, to take no action and to return the matter to FMAC for further consideration.

26. REQUEST for public hearing on American shad by-catch provisions. The Commission voted, 6-0, to set a public hearing for its January meeting.


THE JANUARY MEETING WILL BE HELD ON TUESDAY, JANUARY 24, 2006


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

2A. ARLINGTON PLANTATION HOME OWNERS ASSOCIATION, #05-2026, requests authorization to install two 80-foot long offshore stone breakwaters and one (1) 50-foot long offshore stone breakwater with suitable sandy beach quality nourishment situated along the Chesapeake Bay near the mouth of Old Plantation Creek adjacent to the association's common area in the Arlington Plantation subdivision of Northampton County.

2B. VIRGINIA ELECTRIC AND POWER COMPANY, #05-2530, requests authorization to install, by directional drill, approximately 1.6 miles (8,450 linear feet) of new 230 kV electric transmission line under the Elizabeth River from the Sewells Point substation in Norfolk to the Churchland/Craney Island substation, in Portsmouth.

2C. LAMBERT'S POINT DOCKS, INC., #05-2050, requests authorization to maintenance dredge, by hydraulic method, 22,000 cubic yards of State-owned submerged lands to achieve maximum depths of -34 feet below mean low water within a 1,600-foot by 2,600-foot basin around Piers N, L and P adjacent to their property situated along the Elizabeth River in Norfolk.

2D. VIRGINIA INSTITUTE OF MARINE SCIENCE, #05-2482, requests authorization to install a 20-foot by 9-foot research float with three (3) anchors located at 37 14'05" North Latitude W76 24' 03" West Longitude and to install 4,260 linear feet of optic cable from the float to an electronic relay station located on Goodwin Island near the mouth of the York River in York County.

2E. Carried over to the January 24, 2006 meeting:  TANNER'S LANDING ASSOCIATES, LLC, #05-0480, requests authorization to install a 363-foot long by 8-foot wide open-pile community pier with 27 slips, six (6) with uncovered lifts, and associated finger piers, and to dredge, using mechanical dredging, 825 cubic yards of state-owned submerged lands to achieve maximum depths varying from minus five (-5) feet to minus six (-6) feet below mean low water within a 130-foot by 210-foot basin, to serve a 27-unit condominium complex located adjacent to the Granby Street Bridge situated along the Lafayette River in Norfolk. Staff recommends an annual royalty of $1,419.45 for the encroachment over 9,463 square feet of State-owned submerged lands at a rate of $1.50 per square foot and $371.25 for the dredging of 825 cubic yards of State-owned submerged lands at a rate of $0.45 per cubic yard. Staff also recommends a pre-dredging conference and the submission of a post-dredging bathymetric survey of the dredged area within 30 days of the completion of the dredging.

2F. VIRGINIA ELECTRIC AND POWER COMPANY, #05-2428, requests authorization to maintenance dredge up to 150,000 cubic yards of State-owned subaqueous bottomland, on an as-needed basis, adjacent to their intake channel for the Surry Nuclear Power Station within the James River in Surry County. Recommend approval with a time-of-year restriction from February 15 - June 30.

2G. SANDERS YACHT YARD, #03-1630, requests authorization to modify their existing permit for two (2) commercial marina piers at their facility on Carter Creek in Irvington, Lancaster County. The reconfigured piers will result in a reduction of wet slips from 45 to 36, a reduction of finger piers from 21 to 17, a change from an 85-foot long T-head to a 70-foot long L-head on the southern pier, and the addition of a 185-foot long by 8-foot wide walkway which will connect the two piers. Recommend approval of the modified design with a royalty in the amount of $1,480.00 for the additional encroachment over 1,480 square feet of State-owned bottom at a rate of $1.00 per square foot, and that all terms and conditions of the original permit remain in effect.

2H. B.G. RANDOLPH. #05-2124, requests authorization to construct and backfill 563 linear feet of vinyl bulkhead a maximum of one (1) foot channelward of mean low water and an existing bulkhead for shoreline protection adjacent to property along Crystal Lake in the Lake Shore Park subdivision in Virginia Beach. Recommend a royalty in the amount of $563.00 for the filling of State-owned subaqueous bottom at the rate of $1.00 per square foot.

2I. PACK LIMITED FAMILY PARTNERSHIP, #04-2454, requests authorization to modify a previously approved permit, specifically, to extend the previously authorized 322-foot bulkhead an additional 16 linear feet, up to two (2) feet channelward of an existing deteriorated bulkhead at their marina/hotel/restaurant facility along the Pagan River in the Town of Smithfield. Recommend a royalty of $96.00 for the encroachment over 32 square feet of State-owned subaqueous bottomland at rate of $3.00 per square foot. All other existing permit conditions will remain in effect.

NEXT MEETING:  January 24, 2006

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