COMMISSION AGENDA JUNE 27, 2006
** APPROVAL OF AGENDA.
1. MINUTES of previous meeting.
2. PERMITS (Projects over $50,000 with no
objections and with staff recommendation for approval.)
3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.
4. OCEAN VIEW BUILDERS, #06-0366.
Commission review, on appeal by 74 freeholders of property within the
City of Virginia Beach, of the March 20, 2006, decision by the Virginia
Beach Wetlands Board to approve a proposal to construct a residential
duplex on property along the Chesapeake Bay in the Ocean Park
subdivision in Virginia Beach. Deferred from the April 2006
hearing.
5. BAYMARK CONSTRUCTION CORPORATION, #05-2610,
requests authorization to construct a 1,375-foot long by 10-foot wide
open-pile, concrete fishing pier with a 116-foot long by 30-foot wide
modified T-head and a 30-foot wide octagonal covered shelter and two
(2) floating docks for water taxis and boat rentals at their property
situated along the Chesapeake Bay in the Town of Cape Charles. The
project is protested by a nearby licensed pound netter and the
Arlington Plantation Home Owners Association. Deferred from the
May meeting.
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. Deferred from the May meeting.
7. CITY OF VIRGINIA BEACH, #96-0083.
Formal Restoration Hearing regarding the overdredging of the Lynnhaven
Boat Ramp and Beach Facility municipal channel situated along Crab
Creek near the Lynnhaven Inlet in Virginia Beach.
8. ROBERT HOLLOWAY, #02-0012. Formal
Restoration Hearing concerning the unauthorized expansion of a
previously authorized boathouse, construction of a storage shed above
the boathouse, addition of a step-down walkway and wave break
structure, all without prior authorization, at his property situated
along the Poquoson River in York County.
9. TED WARREN, #05-1348, requests
authorization to install a 112-foot by 5-foot private, non-commercial,
non-riparian, open-pile pier with a 16-foot by 20-foot T-head and a
24-foot by 14-foot open-sided boathouse with a lift adjacent to
property situated along Willoughby Bay in Norfolk. The project is
protested by an adjacent property owner.
10. ALBERT WILLIAMS, #05-0753, requests
authorization to install a 175-foot by 6-foot private, non-commercial,
non-riparian, open-pile pier with a 25-foot by 10-foot L-head and a
28-foot by 25-foot open-sided boathouse with a lift and associated
4-foot wide finger piers adjacent to property situated along Willoughby
Bay in Norfolk. The project is protested by two adjacent property
owners.
11. BRIAN L. PARKER, #05-2618, requests
authorization to construct a 17-foot by 40-foot open-sided, private,
noncommercial boathouse near the channelward end of a 206 foot long
pier and to install a single piling to support an osprey nesting
platform adjacent to his property situated along the Piankatank River
near the mouth of Back Creek in Gloucester County. The project is
protested by an adjoining property owner and an oyster ground
leaseholder.
12. EDWARD WALENDY, #05-2566, requests
authorization to construct a 35-foot long by 19-foot wide, private,
closed-sided, single slip boathouse to replace an existing,
storm-damaged, 35-foot long by 28-foot wide, open-sided, dual slip
boathouse adjacent to his property on the Western Branch of the
Corrotoman River in the Corrotoman-by-the-Bay subdivision in Lancaster
County.
13. GASLIGHT LANDING, LLC, #05-1221, request
authorization to construct a 26-slip community pier facility to
include: the installation and backfilling of 22 linear feet of
bulkhead; the construction of a 12-foot wide by approximately 257 foot
long marginal wharf extending approximately eight feet channelward of
mean low water; and the construction of two (2) 8-foot wide by 125-foot
long piers with 8-foot wide by 58-foot long T-head platforms, extending
approximately 141 feet channelward of mean low water, with a total of
two (2) access ramps/gangways, thirteen (13) 3-foot wide by 20-foot
long finger piers, twenty-six (26) 3-foot by 3-foot triangular
platforms installed adjacent to each finger pier and T-head, and
thirteen (13) free-standing mooring piles, adjacent to the planned
Gaslight Landing town home development situated along the Occoquan
River in the Town of Occoquan, Prince William County.
14. PUBLIC COMMENTS
15. PUBLIC HEARING: Consideration of proposed amendments
to Regulation 4VAC20-150, "Pertaining to the Dredging of Conchs" and
Regulation 4VAC20-900, "Pertaining to Horseshoe Crab" to comply with
certain provisions of the Interstate Fishery Management Plan for the
Horseshoe Crab.
16. PUBLIC HEARING: Consideration of proposed
amendments to Regulation 4VAC20-252, "Pertaining to the Taking of
Striped Bass" to provide an exemption to slot limit or season
requirements for recreational striped bass fishing tournaments meeting
certain conditions.
17. RECOMMENDATIONS OF THE COMMERCIAL FISHING ADVISORY BOARD for the funding of certain projects.
18. REQUESTED AMENDMENTS TO REGULATIONS pertaining to
the use of gill nets in Virginia waters, for the conservation of
bottlenose dolphin.
19. REQUEST FOR PUBLIC HEARING: AMENDMENTS TO
REGULATION 4VAC20-566, "Pertaining to the Hampton Roads Shellfish Relay
Area" to permanently extend the relay season to September 30th of each
year.
20. REPEAT OFFENDERS
PAGE 2
ITEMS (Projects over $50,000
with no
objections and with staff recommendation for approval)
2A. L.T.M. DEVELOPMENT, LLC, #05-2789,
requests authorization to install and backfill 126 linear feet of vinyl
bulkhead up to six (6) feet channelward of a failing bulkhead and
replace the existing dock with a 6-foot wide by 110-foot long floating
dock facility with 4-foot wide finger piers providing a maximum of
eight wetslips adjacent to commercial property at 900 Laskin Road,
situated along Little Neck Creek in Virginia Beach. Recommend a
royalty of $1,512.00 for the filling of 504 square feet of State-owned
bottom at a rate of $3.00 per square foot and an additional royalty of
$6,792.00 for the private use marina’s encroachment over 4,528
square feet of State-owned bottom at a rate of $1.50 per square
foot.
2B. CITY OF VIRGINIA BEACH, #04-1181, requests
authorization to modify their existing dredge permit for Rudee Inlet by
shifting the Outer Channel Deposition Basin channelward 40 feet,
creating a 40-foot wide transition between the Deposition Basin and the
Inlet Project Channel with a maximum depth of minus –16 feet mean
lower low water; and increasing the permitted depth for a 260-foot
section of the Channel, directly west of the new basin, to a maximum
depth of minus –16 feet mean lower low water. These
modifications are requested to maximize the effectiveness of the
deposition basin without endangering the existing jetty and breakwater
protecting Rudee Inlet in Virginia Beach.
2C. SCOTT COUNTY PUBLIC SERVICE AUTHORITY, #06-0984,
requests authorization to install a submerged 8-inch diameter water
line beneath Cove Creek to provide potable water to the Rye Cove High
and Middle Schools in Scott County. Recommend our standard
in-stream construction conditions apply, as well as any necessary
time-of-year restrictions and mussel surveys/relocations as recommended
by DGIF.
2D. NAVAL FACILITIES ENGINEERING COMMAND, #06-0122,
requests authorization to install a 15-foot long by 10-foot wide
floating pier with four (4) 40-foot by 5-foot finger piers to provide
mooring for U.S. Navy security forces adjacent to federal property
along the Southern Branch of the Elizabeth River in Portsmouth.
2E. VINCE BOWHERS, ET AL, #05-2652, requests
authorization to dredge approximately 2,878 cubic yards of State-owned
submerged bottom to achieve maximum depths of minus three and a half
(-3.5) feet mean low water to improve navigation for riparian
properties located at 1000 and 1001 Briarwood Point along Hebden Cove
in Virginia Beach. All dredged material will be offloaded at the
Laskin Marine facility at 944 Laskin Road and transported to the
Higgerson Buchanan landfill in Chesapeake. Recommends a royalty
of $1295.10 for the dredging of 2,878 cubic yards at a rate of $0.45
per cubic yard.
2F. VIRGINIA ELECTRIC & POWER COMPANY, #06-0180,
requests authorization to modify a previous permit for a coal vessel
offloading facility on the Southern Branch of the Elizabeth River at
the Chesapeake Energy Center in Chesapeake to widen the trestle from
shore to the pier by two (2) feet from 20 to 22 feet in width.
Recommend approval with all terms and conditions of the original permit
to remain in effect and an additional royalty of $1000.00 for the
encroachment over an additional 500 square feet of State-owned
subaqueous bottom at a rate of $2.00 per square foot.
2G. ROSANN, LLC, #06-1105, requests
authorization to reconstruct the outer 30 feet of an existing,
deteriorated, 410-foot long by 80-foot wide timber and concrete
commercial pier, using concrete piles, caps and decking, and construct
three (3) 24-foot wide access ramps from the adjacent upland at their
facility along the Southern Branch of the Elizabeth River at 700
Rosemont Avenue in Chesapeake. All of the new construction will
be within the footprint of the existing facility, including an
associated pile cluster fender system on the outboard side of the pier,
with no additional channelward encroachment into the river.
Recommend approval with triple permit fees and consideration of an
appropriate civil charge, pending expiration of the public interest
review period.
2H. PURDUE FARMS, INC., #05-2483, requests
authorization to install and backfill a total of 272 linear feet of
replacement timber bulkhead, aligned no more than three feet
channelward of an existing deteriorated bulkhead, adjacent to their
property situated along the West Yeocomico River in Westmoreland
County. Staff recommends a royalty in the amount of $2,960.00 for
the filling of 592 square feet of State-owned subaqueous land at a rate
of $5.00 per square foot.
2I. EAST COAST TRANSPORT, INC. #01-1282,
requests authorization to modify a previously issued permit to excavate
2436 cubic yards of State-owned submerged lands with upland disposal to
install three (3) 20-foot long by 10-feet wide by 13½ foot deep,
pre-cast, concrete vaults which will contain three (3) conventional raw
water intake structures with maximum 1mm screens, a maximum intake
velocity of 0.25 feet per second and associated riprap side slope
stabilization. The additional intake structures are intended to
augment the previously permitted intake structure to insure that the
18.1 mgd withdrawal capacity is maintained. No change in the
water withdrawal volume or previously established Commission or
Virginia Water Protection Permit conditions is requested. Staff
recommends approval of the modification with our standard instream
construction conditions; an instream time-of-year restriction from
March 15 to June 30 to protect spawning anadromous fish; the
requirement to conduct and submit a mussel survey to Commission staff,
encompassing the area 100 meters upstream to 400 meters downstream of
the project site prior to instream construction which includes a
strategy for relocating any identified threatened or endangered species
in the project area; and should the survey reveal the presence of a
threatened or endangered mussel species, an additional time of year
restriction from April 15 to July 31 will be imposed; a dredge royalty
of $1,096.20 ($0.45 per cubic yard); and an encroachment royalty
of $1,254 for the encroachment over 627 square feet of State-owned
submerged lands at a rate of $2.00 per square foot.
2J. PRESIDENTIAL GOLF PARTNERS, LLC, #06-1208,
requests authorization to construct six (6) 13-foot wide
pedestrian/cart bridges spanning a total of 257 linear feet of Broad
Run in Loudoun County at the Presidential Golf Club. Staff
recommends a royalty of $6649.50 for the encroachment over 4,433 square
feet of State-owned bottom at a rate of $1.50 per square foot.
VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES;
THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A
DISABILITY,
PLEASE ADVISE KATHY LEONARD (757-247-2200) NO LATER THAN FIVE WORK DAYS
PRIOR TO
THE MEETING DATE AND IDENTIFY YOUR NEEDS.
FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT
MANAGEMENT
PROJECTS ON THIS AGENDA.