The following are the agenda items from the Commission's regular meeting held September 26, 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 the speed of 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 are hearing the desired item. Also, occasionally multiple items are contained in one file.
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 Page Two permits.
3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.
No Closed Meeting was held.
[ Audio
Items 1-3 ]
4. BURWELLS BAY IMPROVEMENT ASSOCIATION, #06-1231. Commission review,
on appeal by the applicant, of the August 21, 2006, decision by the
Isle of Wight County Wetlands Board to deny the applicants request to
construct a 5-foot by 300-foot open-pile pier to include a 10-foot by
75-foot L-head; a parallel 5-foot by 50-foot “dock
landing”
section near an existing boat ramp; and three (3) 2-foot by 12-foot
finger piers along the L-head to create 6 slips, with lifts, for use my
members of the association at their property situated along the James
River (Burwells Bay) at 14477 Burwells Bay Road in Isle of Wight
County.
The Commission voted, 6-0, to remand the case of the Isle of
Wight
Wetlands Board for reconsideration and a clear rationale, specifically
related to those areas within their jurisdiction. [
Audio
Items 4 ]
5. MR & MRS. JOHN MAGANAS, #06-1663, request authorization to
install a 179-foot long stone riprap revetment situated adjacent to
their property along Chesconessex Creek in Accomack County. A Coastal
Primary Sand Dune/Beach permit is required.
The Commission voted, 8-1, to deny the permit with a
suggestion to
the applicant to work with the Virginia Institute of Marine Science on
a possible off-shore breakwater alternative. [ Audio
Items 5 ]
6. RICHARD BIEMILLER, #06-0529, requests authorization to construct a
288-foot long by 5-foot wide open-pile community pier with a 16-foot by
4-foot finger pier and a
12-foot by 4.5-foot aluminum ramp for access to a 22-foot by 6-foot
wide floating dock section and a 90-foot by 6-foot floating T-head with
four (4) 24-foot by 4-foot wide finger piers and 14 mooring piles to
accommodate a total of 11 slips adjacent to his property situated along
the Eastern Branch of the Elizabeth River in Norfolk. The project is
protested by an adjacent property owner.
The Commission voted, 6-0-1, to approve the permit with staff
recommendations. (Mr. Tankard abstained because he arrived late.) [
Audio
Items 6 ]
7. RICHARD G. PULLEN, #06-0626, requests authorization to install 170
linear feet of concrete bulkhead; to install three (3) 50-foot long by
2.5 foot wide concrete, groins; and to replace a dilapidated concrete
boat ramp with a 12-foot wide by 25-foot long concrete, community boat
ramp, adjacent to his property situated along the Rappahannock River in
Caroline County. Both Wetlands and Subaqueous permits are required. The
project is protested by adjacent and nearby property owners.
The Commission voted, 7-2, to approve the permit with staff
recommendations, except for the substitution of rip-rap instead of the
concrete bulkhead that was requested. The Commission also required the
submittal of an acceptable compensation plan to staff designed to
offset the tidal wetlands impacts attributable to the community
boatramp. [ Audio
Items 7 ]
8. KEN MURDOCK, #05-1559, requests authorization to construct four (4)
6-foot wide by 50-foot long stone and/or gabion basket breakwaters,
artificially nourished with approximately 444 cubic yards of sand of
appropriate grain size and composition, adjacent to his property
situated along Glebe Creek in Westmoreland County. The project is
protested by an adjacent property owner.
The Commission voted, 8-0, to approve the permit with staff
recommendations, including approval of the breakwaters, but requiring
them to be constructed of riprap, and denial of the nourishment. The
Commission acknowledged a willingness to reevaluate the need for
nourishment in two years if the applicant deemed it necessary at that
time. [ Audio
Items 8 ]
9. JOSEPH SULLIVAN, 06-0359, requests authorization to construct a
1,224 dual-slip open-sided boathouse at his property situated along the
James River in Charles City County. The project is protested by an
adjoining property owner.
The case was pulled from the agenda after the
protestant’s issues were resolved.
10. MICHAEL E. NEWHOUSE, #06-1422, requests authorization to construct
a 30-foot by 15-foot open-sided boathouse near the channelward end of
his private, noncommercial open-pile pier situated along the Piankatank
River in Gloucester County. The project is protested by an adjoining
property owner.
The Commission voted, 9-0, to approve the permit as applied
for by the applicant. [ Audio
Items 10 ]
11. COWLES SPENCER, #06-0098, requests authorization to construct a
40-foot by 32-foot open-sided, dual-slip boathouse at a previously
authorized pier adjacent to property situated along the Poquoson River
in York County. The project is protested by an adjacent property owner.
At the request of the applicant the case was deferred
indefinitely.
12. COLETT THACH, ET AL, #06-0881, requests authorization to install a
310-foot long by 20-foot wide stone causeway across the Rivanna River
to facility the removal of the Wollen Mill Dam in Albemarle County. The
project is protested by several residents in the vicinity.
The Commission voted, 9-0, to approve the permit in
accordance with staff recommendations. [ Audio
Items 12 ]
13. OYSTER GROUND APPLICATIONS IN THE NAME OF SHARON CARR; WILLIAM
KENTON CARR; SHARON CARR AND KENT CARR; AND KENT CARR SEAFOOD COMPANY,
#, 2006-062, 2006-063, 2006-064, 2006-065. Hearing concerning the
leasing of four protested applications within Mobjack Bay in Mathews
County. The Commission has also received a petition requesting that the
same area be set aside as public clamming ground pursuant to the
§28.2-632 of the Code of Virginia.
At the request of the applicant the case was deferred
indefinitely.
14. PURSUANT TO THE PROVISIONS OF THE CODE OF VIRGINIA,
§28.2-553,
request for Commission approval of establishment of the boundaries of
additional Baylor Ground in Isle of Wight County based on
§28.2-649 (Chapter 294 of the Acts of Assembly of 1901-1902)
and
that previously leased oyster grounds lying within this area be
terminated in keeping with the Constitution of Virginia (Article XI,
§ 3).
The Commission voted, 9-0, to approve the changes in the
Baylor
Ground as per staff recommendations and immediately terminated all of
the oyster leases that had been inadvertently granted in the public
ground. [ Audio
Items 14 ]
15. PUBLIC COMMENTS: Two persons spoke: 1) an update on
action
involving the long-running King William Reservoir permit issues and 2)
a request by a watermen to consider giving a long time between
decisions on the opening of the annual oyster season so watermen can
decide whether to leave crabbing and begin oyster harvesting. [
Audio
Items 15, 16, 17 ]
16. PUBLIC HEARING: Request for amendments to Regulation 4 VAC
20-1090-10 et seq.,"Pertaining to Licensing Requirements and License
Fees."
The Commission voted, 7-0, to approve the amendments
as recommended.
17. PUBLIC HEARING: Request for amendments to Regulation 4 VAC
20-610-10 et seq.,"Pertaining to Commercial Fishing and Mandatory
Harvest
Reporting." The Commission voted, 9-0, to approve
the amendments as recommended.
18. PUBLIC HEARING: Request to exempt licensed pound net fishermen,
located in the National Marine Fisheries Service Modified Pound Net
Leader Area, from requirements to fish their pound nets or establish a
complete system of nets and poles, in order to renew their licenses or
maintain their priority rights to such locations in 2007.
The Commission voted, 9-0, to approve the requirements as
recommended by staff. [ Audio
Items 18 ]
19. PUBLIC HEARING: To amend Regulation 4 VAC 20-720-10, et. Sequ. To
establish specifications for the 2006-2007 Oyster Harvest Season.
The Commission voted, 5-4 to set the oyster season date and
harvest parameters per staff recommendation. [
Audio
Items 19, 20 ]
20. REQUEST FOR OCTOBER PUBLIC HEARING: To Incorporate ASMFC
requirements (revised Winter II commercial possession limits), for scup
(porgy).
The Commission voted, 9-0, to set the item for a public
hearing at its Oct. 31st meeting.
PAGE 2 ITEMS
(Projects over $50,000 with no
objections and with staff recommendation for approval)
2A. LOUDOUN VALLEY ASSOCIATES, L. P., #06-1578,
requests
authorization to construct one (1) 203-foot by 32.19-foot conspan
bridge over Broad Run and install, by the dry-ditch method, 15 linear
feet of sewer pipe under Broad Run in Loudoun Valley Estates II in
Loudoun County. Staff recommends a royalty of $9,846.85 for the bridge
encroachment of 6, 534.57 square feet over State-owned submerged land
at a rate of $1.50 per square foot and the sewer line crossing under 15
linear feet of State-owned submerged land at a rate of $3.00 per linear
foot.
2B. URBANNA YACHTING CENTER, #05-1820, requests
authorization
to remove a portion of a marginal wharf and an existing T-shaped pier
containing fueling facilities and 20 boatslips and to install three (3)
floating piers with 43 wetslips, relocate fueling facilities and
construct a dinghy dock adjacent to their existing facility situated
along Urbanna Creek in the Town of Urbanna.
2C. WINDMILL REDEVELOPMENT ASSOCIATES, LLC, #06-1380,
requests
authorization to mechanically maintenance dredge 3,200 cubic yards of
subaqueous material from the existing 100-foot wide entrance channel to
restore depths of minus seven (-7) feet at mean low water, and install
two (2) 100-foot long by 24-foot wide (base width) quarry stone spurs
at the end of the existing jetties at their commercial marina off the
Rappahannock River at the end of State Route 695 in Lancaster County.
The sandy dredged material will be used for beach nourishment, above
mean low water, on the adjacent beach area to the west of the channel,
as has been done during previously authorized dredging cycles.
2D. VIRGINIA ELECTRIC & POWER COMPANY, #06-0180,
requests
authorization to modify an existing permit for a coal vessel unloading
pier on the Southern Branch of the Elizabeth River in Chesapeake to
include the mooring of two (2) 120-foot long barges (a crane barge and
a conveyor barge) and the installation of four (4) temporary
cluster-pile dolphins to facilitate large coal barge unloading while
the previously authorized unloading pier facility is being constructed.
The barges and dolphins will be removed upon completion of the coal
pier, scheduled for July 1, 2007. Recommend approval with a royalty in
the amount of $2,000.00 for the commercial dolphins at $500
each.
2E. WESTERN VIRGINIA WATER AUTHORITY, #06-1759,
requests
authorization to replace an existing 30-inch sewer line with a new
36-inch sewer line by trenching to include seven (7) crossings of Mud
Lick Creek totally 188 linear feet of stream crossing in the City of
Roanoke and Roanoke County. Staff recommends standard instream
construction conditions and a time-of-year restriction from March 15
through June 30 to avoid impacts during spawning season.
2F. TAZEWELL COUNTY PUBLIC SERVICE AUTHORITY, #04-2798,
requests
a modification to their previously issued permit to install a submerged
sewer line beneath approximately 70 linear feet of the Bluestone River
at three additional locations, adjacent to U.S. Route 19/460, to
provide sewer service to area residents in Tazewell County. Recommend
approval with our standard instream permit conditions and an instream
work time-of –year restriction of April 15 - June 15 and
August
15 - September 30 to minimize impacts upon Tennessee heelsplitters.
Additionally, an updated mussel survey and relocation is required at
crossing #3 no more than 30 days prior to construction.
2G. WASHINGTON COUNTY SERVICE AUTHORITY, 06-1077,
requests
authorization to install a submerged water line beneath approximately
55 linear feet of Logan Creek and Stonemill Creek to provide potable
water to area residents in the Blackwell Chapel area of Washington
County. Recommend approval with our standard instream permit conditions
and an instream work time-of-year restriction of February 15
–
July 31 and August 15 – September 30 at Crossing #2 to
protect
spawning mussel and fish species. Additionally, permittee agrees to
conduct any necessary mussel and fish surveys at Crossing #2 as
recommended by the Department of Game and Inland Fisheries.
2H. COLUMBIA GAS TRANSMISSION CORP., #06-1418,
requests
authorization to install, by the dry-ditch or dam and pump method, a
total of 461 linear feet of 24-inch looping pipeline a minimum of three
feet beneath Stony Creek, Mill Creek, Holman’s Creek, and the
North Fork of the Shenandoah River in Shenandoah County; Smith Creek in
Rockingham County; Naked Creek in Page County; Swift Run in Greene
County; and the South Anna River and Rock Creek in Louisa County as
part of the Hardy Transmission Project. Staff also recommends time of
year restrictions from March 15 – May 31 and August 15
–
October 15 in the South Anna River in Louisa County, from April 15
– June 15 and August 15 – September 30 in the North
Fork of
the Shenandoah River and Smith Creek in Shenandoah County, and from May
15 – July 31 in Swift Run in Greene County as recommended by
the
Department of Game and Inland Fisheries based on initial mussel surveys
conducted for this project. In addition, staff recommends a royalty of
$1,383.00 for the encroachment under 461 linear feet of State-owned
submerged land at a rate of $3.00 per linear foot.
