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COMMISSION ACTIONS FEBRUARY 2005

FEBRUARY 2005 COMMISSION ACTIONS

The following are the agenda items from the Commission's regular February meeting held Tuesday, February 22, 2005 at Commission headquarters. The Commission's action is in bold.

1. MINUTES of previous meeting. The Commission voted, 7-0, to accept the minutes.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 7-0, to approve the permits with staff recommendations.

3. CLOSED SESSION. No closed session was held.

4. WILLIAM WELLS, ET AL, # 04-1575, requests after-the-fact authorization to retain three (3) previously installed and unauthorized freestanding osprey poles within the Pagan River adjacent to their properties in the Town of Smithfield in Isle of Wight County. The Commission voted 7-0 to approve the after-the-fact permit for two of the three pilings.  They directed removal of the center of the three osprey poles from the river due to navigational concerns, imposed triple permit fees, and stated that any use of the pilings as private aids-to-navigation must comply with Coast Guard requirements. 

5. RICHARD TABOR, # 03-0439, requests authorization to construct a 38-foot long by 18-foot wide open-sided boathouse adjacent to his property situated along Indian River in Chesapeake. Adjacent property owners and a resident in the vicinity protest the project. The Commission voted 7-0 to approve the project as proposed.

6. MEREDITH ROBBINS, #04-2017, requests authorization to install 16 mooring piles adjacent to three (3) existing piers and to change the designation of an existing concrete boat ramp and all other over-water structures from private to commercial use on Harpers Cove of Antipoison Creek in Lancaster County. Numerous residents in the area protest the project. The Commission voted 7-0 to approve the project in accordance with staff recommendations, to include a prohibition of any overnight occupancy of vessels moored thereto, and the further stipulation that no pilings could be installed until the Health Department had approved the facilities sanitary treatment plan and a pump out agreement with Windmill Point had been executed.

7. CURLEY PACKING COMPANY, INC., #04-1931, request authorization to construct a commercial marina, to include four 8-foot wide, open- pile timber piers, with four 8-foot by 88-foot T-head platforms, extending a maximum of 244 feet channelward of mean low water, with 95 boat slips and associated mooring piles, and 503 linear feet of replacement timber bulkhead, adjacent to their property situated along Monroe Bay in Westmoreland County. An adjacent property owner protests the project. The Commission voted 8-0 to approve the project as proposed with the stipulation that the replacement bulkhead be aligned and constructed no more than 2' channelward of the deteriorating bulkhead.

8. GAPS MARINA, #02-0408, requests authorization to repair and replace an existing, previously undocumented 26-slip commercial marina adjacent to property situated along Slough Creek in Northumberland County. Mr. and Mrs. Gordon Evans, adjacent property owners, protest the project. The Commission voted 8-0 to continue the hearing until its March 22nd meeting to afford the protestants, Mr. and Mrs. Evans to appear and testify on the project.

9. CHANNING MITCHELL, #04-1152, requests authorization to remove an existing pier and boathouse and construct a new pier extending 123 feet channelward of mean high water with a 16-foot by 30-foot L-head, a 12-foot by 8-foot floating pier and an enclosed 21-foot by 42-foot boathouse adjacent to his property situated along Back Creek in Gloucester County. Two nearby property owners protests the project. The Commission voted 6-1 to approve the project as modified.  The boathouse must be open-sided to minimize impacts, the interior 4' walkway adjacent to the main pier must be eliminated, and the combined deck and floating pier could not exceed 250 square feet.

10. JASON MITCHELL, #04-1150, requests authorization to remove an existing pier and construct a new pier extending 135 feet channelward of mean high water with a 23-foot by 23-foot L-head adjacent to his property situated along the North River in Mathews County. The Commission voted 8-0 to approve the project as modified.  The Commission authorized a maximum encroachment of 304 square feet (a 19' x 16' area) for the L-head.

11. JAMES HOLTHOFF, 04-0618, requests authorization to enlarge an existing 32-foot by 32-foot boathouse to 56-feet by 59-feet and to construct a 24 feet of 4-foot wide catwalk pier extension; remove, relocate and extend a 5-foot wide catwalk pier to a length of 56 feet; and remove and relocate an existing 6-foot by 32-foot finger pier to a location parallel with the 25-foot by 25-foot T-head of the existing pier within and adjacent to Jones Creek, a tributary to the Pagan River in Isle of Wight County. Two county residents protest the project. The Commission voted 5-3 to approve the project as proposed.

12. DONALD BRITTON, ET AL, #03-1873, requests authorization to construct 287 linear feet of replacement bulkhead aligned a maximum of two (2) feet channelward of a deteriorating bulkhead and seven (7) 10-foot long finger piers with mooring pilings, creating 16 wetslips along Chincoteague Channel adjacent to Captain Fish's Restaurant in the Town of Chincoteague. This is a portion of a proposed 63-wetslip marina, the majority of which will be located in an adjacent man-made basin. An adjacent property owner protests the project. The Commission voted 8-0 to approve the project with a condition that, should there be a proposed change in the upland use, e.g. marina to condominium, dockominium etc., that a new permit application and public interest review process would be required for the moorings on state-owned land.  The Commission also reiterated that their permit did not authorize encroachment onto the property rights, including the riparian rights, of the adjoining property owners. 

13. JEFFREY E. ZERBY, SR. #04-1778, requests authorization to construct a 270-foot long by 6-foot wide pier with a 54-foot by 10-foot T-head, and sixteen (16) 14-foot long by 2-foot wide finger piers with eighteen (18) piles along Pungoteague Creek adjacent to Sandpiper Cove Campground in Accomack County. The proposed pier will create sixteen (16) boat slips for a total of twenty-six (26). The Commission voted 7-0 to deny the project as proposed.

14. DOUG BAILEY, #04-1520, requests authorization to construct a 36-foot long by 18-foot wide open-sided boathouse adjacent to a previously authorized private pier adjacent to his property situated along the Poquoson River in York County. An adjacent property owner and several nearby residents protest the project. The Commission voted 7-0 to approve the project as proposed. 

15. REQUEST approval of the 2005 Oyster Replenishment Plan and the procurement procedures. The Commission voted, 7-0, to approve the plan and procurement procedures.

16. PUBLIC HEARING: To make permanent the Emergency Regulation 4 VAC 20-720-10, Pertaining to Restrictions on Oyster Harvest. The Commission voted, 7-0, to make the emergency regulation permanent.

17. PUBLIC HEARING: Establishment of 2005 recreational summer flounder fishery management measures. The Commission voted, 7-0, to approve Option No. 2 that would have no closed season, a 16-1/2 inch minimum size limit and a six fish possession limit.

18. REQUEST FOR PUBLIC HEARING: For approval of 2005 recreational black sea bass and scup management measures. The Commission voted, 7-0, to set a public hearing for its March meeting.

19. REQUEST FOR PUBLIC HEARING: For approval of cow nose ray excluder fences in the Great Wicomico River. The Commission voted, 7-0, to set a public hearing for its March meeting.

20. PUBLIC HEARING: Amendments to clarify provisions of safe harbor and establish requirements related to transfer of quota from another state, for the offshore commercial summer flounder fishery. The Commission voted, 7-0, to adopt the amendments.

21. VIRGINIA SEAFOOD COUNCIL: Request to continue current experiments with triploid ariakensis oysters. Request for public hearing. The Commission voted, 7-0, to set a public hearing for its March meeting.

22. PUBLIC COMMENTS: The Commission voted, 6-0-1 (with Cowart abstaining), for an emergency regulation amendment to extend the oyster season in the Tangier-Pocomoke Sounds area for seven working days beyond the scheduled Feb. 28 ending.

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

2A. HENRICO COUNTY DEPARTMENT OF PUBLIC WORKS, #04-2899 requests authorization to relocate 238 linear feet of 12-inch diameter submerged water line by directional bore, place 30 linear feet of riprap revetment and temporarily divert approximately 500 linear feet of the North Run to facilitate the replacement of the existing Hungary Road Bridge with a 105-foot long by 88-foot wide precast triple arch structure in Henrico County. Recommend inclusion of our standard instream work conditions.

2B. METROPOLITAN WASHINGTON AIRPORT AUTHORITY, #03-0810, requests authorization to widen one existing and construct six new road crossings across approximately 195 total linear feet of Horsepen Run, and install approximately 2,052 square feet of riprap within Horsepen Run for channel scour protection. This project is associated with the construction of additional travel lanes and access ramps known as the North Area Roadways Project, for improved vehicular access to Washington Dulles International Airport in Loudoun County.

2C. CROWN POINT MARINA, INC., #04-2813, requests authorization to construct 1,115 linear feet of replacement mid-tide bulkhead within two feet channelward of a deteriorated bulkhead and to construct a 46-foot by 170-foot enclosed boathouse with 10 slips to replace a recently demolished boathouse adjacent to their marina situated along the Perrin River in Gloucester County.

2D. WALTER ADEY, #04-0786, requests authorization to install a private mooring buoy centered at 37 22' 41.1" North Latitude and 76 25' 51.7" West Longitude, approximately 600 feet channelward of his property situated along the Ware River between Ware Point and Jarvis Point in Gloucester County. The mooring is proposed to be located within Public Clamming Ground set aside by the Commission in 1930.

2E. S.H.C. DAVIS TRUST #1, #05-0029, requests authorization to install three (3) 210-foot long offshore breakwaters adjacent to their property along the Chesapeake Bay in the Butlers Bluff area of Northampton County.

2F. ENGLE HOMES, #04-2464, requests authorization to construct two separate sanitary sewer crossings under a total of approximately 15 linear feet of Broad Run, associated with the development of the Innisbrooke residential subdivision in Prince William County. Recommend approval with the inclusion of our standard in-stream permit conditions, an in-stream time-of-year restriction of April 15 - June 15 and August 15 - September 30 to protect the spawning season of the brook floater, and require coordination with the Department of Game and Inland Fisheries concerning pre-construction mussel surveys and relocations.

2G. KENNETH PAYNE, #04-1905, requests authorization to remove all dilapidated marina structures and construct a new marina containing a maximum of 28 wet slips along property adjacent to Branson Cove, a tributary of the Lower Machodoc Creek in Westmoreland County. Construction will include a 14-foot wide by 52-foot long by 6-inch thick reinforced concrete boat ramp that will extend approximately 30 feet channelward of mean low water; a 6-foot wide by 50-foot long tending pier adjacent to the boat ramp; two (2) open-sided boathouses, 52 feet by 166 feet and 62 feet by 84 feet, respectively, to cover a total of 13 wet slips; an 8-foot wide by 382-foot long, open-pile, timber walkway and a 6-foot wide by 170-foot long walkway with accompanying finger piers; and dredge approximately 1,100 cubic yards of State-owned subaqueous bottom with an upland excavator to create depths of minus three (-3) and minus four (-4) feet at mean low water. Dredged material will be dewatered in an upland containment site and then transported to a local gravel pit. Staff recommends a royalty of $0.45 per cubic yard for new dredged material.



NEXT MEETING:  3/22/05

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