The following are the agenda items from the Commission's regular meeting held
April 22, 2008 at Commission
headquarters. The Commission's actions are in bold.
** APPROVAL OF AGENDA.
1. MINUTES of previous meeting. Approved 8-0-1, with Associate Member Ernie Bowden abstaining.
[ Audio Item 1 ]
2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). Unanimously approved 9-0. Details of these so-called page two items are listed below.
[ Audio Item 2 ]
3. CONSENT AGENDA ITEMS. The Commission unanimously approved the consent agreement regarding Holcomb Investments (#03-0087) as recommended by staff including the assessment of triple permit fees ($300) and a civil charge in the amount of $1,800.00. Also, the Commission unanimously approved a Resolution offered by Counsel which authorized the Commissioner to execute the conveyance of two permanent easements to VNG over Baylor Ground as authorized by Chapter 50 Acts of Assembly 2007, and the conveyance of three forty-year easements to VNG over non-Baylor Ground as authorized by §28.2-1208 of the Code of Virginia.
[ Audio Item 3 | Audio Item 3a ]
4. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. No closed meeting was necessary.
5. COMPTON AND ASSOCIATES, #06-1000. Commission review, on appeal by the applicant, of the March 20, 2008, decision by the Suffolk Wetlands Board to deny the applicants' request for after-the-fact authorization to retain multiple previously installed floating piers and previously constructed pier and deck structures, as well as requesting after-the-fact authorization to retain an enclosed expansion of an existing restaurant at the applicants' marina/restaurant facility situated at the terminus of Ferry Road, along Bennetts Creek, a tributary to the Nansemond River. The applicant also requested and was denied authorization to install additional floating pier sections. The Commission unanimously agreed to defer their review of the Suffolk Wetlands Board appeal until their May 27, 2008 meeting in response to a request by Mr. Compton. The Commission did, however, enjoin and prohibit Mr. Compton from making any use of the affected boat slips, open-air deck area and that portion of the restaurant that was illegally enclosed until their review had occurred.
[ Audio Item 5 and 6 ]
6. COMPTON AND ASSOCIATES, #06-1000, requests after-the-fact Commission authorization to retain multiple previously installed floating piers and previously constructed pier and deck structures, as well as after-the-fact authorization to retain an enclosed expansion of an existing restaurant at the applicants marina/restaurant facility situated at the terminus of Ferry Road, along Bennetts Creek, a tributary to the Nansemond River in the City of Suffolk. The applicant also requests authorization to install additional floating pier sections. The project is protested by a nearby landowner and oyster ground leaseholder. The Commission unanimously deferred consideration of the subaqueous after-the-fact application until their May 27, 2008 meeting.
[ Audio Item 5 and 6 ]
7. JAMES & JUNE HARVEY, #08-0059. Commission review of the March 19, 2008, decision by the Chesapeake Wetlands Board to grant after-the-fact authorization to retain a 133 foot long timber retaining wall and backfill associated with an unauthorized artificial putting green, resulting in the loss of 850 square feet of vegetated tidal wetlands at their property on the Southern Branch of the Elizabeth River at 701 River Strand in Chesapeake. The Commission unanimously chose to open the record to permit the introduction of the City of Chesapeake Building Permit for the pier and bulkhead. The Commission subsequently voted unanimously (9-0) to reverse the decision of the Chesapeake Wetland Board and directed that the applicant be required to submit a restoration plan for the impacted area within sixty (60) days and remove the unauthorized bulkhead and associated backfill from the impacted jurisdictional wetland areas within 180 days.
[ Audio Item 7 ]
8. LUTHER CARTER, #07-2673. Commission review on appeal by 39 freeholders of the February 28, 2008, decision by the Accomack County Wetlands Board to grant after-the-fact approval for the installation of a 10-foot long stone riprap marsh toe and a 88-foot long stone splash apron (installed landward of the existing marsh toe bulkhead) adjacent to Mr. Carters' property along Chincoteague Bay in the Town of Chincoteague, Accomack County. The Commission voted unanimously (9-0) to uphold the decision of the Accomack County Wetlands Board.
[ Audio Item 8 ]
9. JOHN AELLEN, #07-1919, requests authorization to install two (2) 125-foot long nearshore stone sills immediately channelward of two existing low-profile wooden groins and to repair one groin by installing stone along the landward end at his property situated along Onancock Creek in the Bailey Neck area of Accomack County. The sills will be nourished with beach quality sand. Both Commission subaqueous and coastal primary sand dune permits are required. The Commission voted unanimously (9-0) to defer Mr. Aellen's request until their May 27, 2008 meeting, in response to a request by the applicant.
[ Audio Item 9 ]
10. CITY OF VIRGINIA BEACH, #07-2035, requests authorization to install a 48-inch diameter concrete stormwater outfall line that will discharge approximately 940 feet channelward of mean low water into the Atlantic Ocean from a new stormwater pump station to be constructed at the intersection of Atlantic Avenue and 61st Street in Virginia Beach. The project is protested by several nearby property owners. The Commission voted unanimously (9-0) to defer consideration of this application until their May 27, 2008 meeting.
[ Audio Item 10a | Audio Item 10b | Audio Item 10c]
11. URBANNA HARBOUR YACHT CLUB ASSOCIATION, #07-1620, requests authorization to remove their existing open-pile piers with 129 boat slips and to construct 2750 linear feet of 8-foot wide floating pier with finger piers and mooring piles to create a total of 139 boat slips at their facility situated along Urbanna Creek in Middlesex County. The project is protested by several nearby property owners and residents of the adjacent subdivision. The Commission voted 8-1, with Associate Member Carter Fox against, to approve the project in accordance with the recommendation of staff, and agreed to assess a royalty for the bold outline encroachment of the piers and slips over state-owned subaqueous bottoms (less the direct shadow encroachment in square footage of the previously authorized piers) at the rate of $1.50 per square foot.
[ Audio Item 11 ]
12. PUBLIC COMMENTS: Doug Jenkins of the Twin River Watermen's Association spoke on the predation of blue catfish on the crab population.
[ Audio Item 12 ]
13. PUBLIC HEARING: Consideration of proposed regulations for the 2008 crabbing season. The Commission voted 7-2, with associate members Ernie Bowden and Wayne McLeskey against, for a series of regulation changes designed to cut the crab harvest by 34 percent this year, to provide for a more stable and sustainable blue crab population. That was done by abolishing the winter dredge fishery, closing the fall season for female crabs on Oct. 27 (five weeks early) eliminating the five-pot recreational crab license, requiring two additional, and larger, cull rings on crab pots and reducing the number of hard crab pots per license by 15 percent as of May 1 and another 15 percent next year, and reducing the number of peeler pots per license by 30 percent on May 1. The Commission also agreed to ask for any state financial aid for dredgers who will be out of work this winter due to the regulation change.
[ Audio Item 13 ]
14. STRIPED BASS: Review of the 2007 Commercial Fishery ITQ Program. Staff gave an update on the status of the Striped Bass ITQ program and it was received by the Commission with thanks.
[ Audio Item 14 ]
THE FOLLOWING SO-CALLED PAGE TWO ITEMS WERE UNCONTESTED AND APPROVED UNANIMOUSLY WITHOUT COMMENT:
2A. RICHARD KEELER, #08-0220, requests authorization to construct a 42-foot by 12-foot bridge approximately 6 feet above Cedar Creek near where Route 604 crosses Cedar Creek at the Frederick County/Shenandoah County line. Staff recommends a royalty in the amount of $756.00 for the encroachment over 504 square feet of State-owned submerged bottom at a rate of $1.50 per square foot.
2B. FAIRFAX COUNTY PARK AUTHORITY, #02-2050, requests authorization to modify their previously authorized permit to include the additional maintenance dredging of approximately 10,000 cubic yards of sediment to restore maximum depths of minus five (-5) feet below mean low water from the marina entrance channel within Lake Accotink and the original streambed of Accotink Creek within the boundaries of Fairfax County.
2C. COLUMBIA GAS TRANSMISSION CORP., #07-2522, requests authorization to replace or repair existing gas pipeline segments along a 60-mile section of Line VM-108 from Bickers Compressor Station to Goochland Compressor Station possibly requiring the excavation, exposure, and replacement of the pipeline along numerous stream crossings in Greene, Orange, Albemarle, Louisa, and Goochland Counties. Staff recommends a permit condition stating that the permittee agrees to notify the Commission of any line replacements at which time a royalty at the rate of $3.00 per linear foot for the encroachment under State-owned subaqueous bottom will be assessed.
2D. FAIRVIEW BEACH, LLC, #06-1440, requests a modification to their existing permit to include the installation of eight (8) 7-foot wide by 8-foot long, concrete, hexagonal boxes with riprap transition and to tie together two existing riprap breakwaters adjacent to their property situated along the Potomac River in King George County. Recommend a permit condition which will require the implementation of an acceptable monitoring plan.
2E. DEPARTMENT OF THE NAVY, #07-2694, requests authorization to remove, replace, and modify the piers and buildings at the Lambert's Point Deperming Station situated on the Elizabeth River in the Cities of Portsmouth and Norfolk. The proposed project will significantly decrease the encroachment over State-owned submerged land as compared to the existing structures.
2F. CITY OF WAYNESBORO, #07-2641, requests authorization to install an 18-foot by 25-foot concrete outfall apron in the South River, to accommodate the replacement of an existing outfall at their wastewater treatment plant in the City of Waynesboro.
2G. CITY OF WAYNESBORO, #08-0137, requests authorization to install 96 linear feet of replacement waterline, by directional drill method, beneath the South River in the City of Waynesboro.
2H. WESTERN BRANCH DIESEL, #08-0164, requests authorization to maintenance dredge 1,850 cubic yards of State-owned subaqueous material to maintain a previously permitted depth of minus six (-6) feet at mean low water, adjacent to their facility situated along the Western Branch of the Elizabeth River in the City of Portsmouth.
2I. HARPER AVENUE, LLC, #08-0452, requests authorization to maintenance dredge on an as-needed basis, approximately 100,000 cubic yards per dredge cycle, of State-owned subaqueous material from an approximately 750-foot by 900-foot basin to restore and maintain maximum depths of -36 feet at mean low water, adjacent to the Earl Industries facility situated along the Elizabeth River at its confluence with Scotts Creek in the City of Portsmouth.
THE FOLLOWING PAGE 3 ITEM WAS APPROVED UNANIMOUSLY, WITHOUT OPPOSITION OR COMMENT:
3A. HOLCOMB INVESTMENTS, #03-0087, requests application reactivation and after-the-fact authorization to retain 283 linear feet of vinyl sheet-pile replacement bulkhead and backfill at the Chesapeake Boat Basin commercial marina on Indian Creek at Kilmarnock Wharf in Lancaster County. The bulkhead was constructed after the draft permit documents were sent to the applicant for payment and signature, and later resent with a reminder. The applicant never returned the signed documents for final permit execution. The applicant has agreed to triple permit fees of $300.00 and a civil charge in the amount of $1,800.00 commensurate with minimal environmental impact and a major degree of deviation.