The following are the agenda items from the Commission's regular January meeting held January 24, 2006 at Commission headquarters. The Commission's action is in bold. Linked audio files are in the MP3 format and require an installed player such as Windows Media Player or Real Player. Individual MP3 files are relatively large and may take 1 to 10 minutes to download dependent on your internet connection. Note also that the audio links frequently begin with 10-30 seconds of the previous case; please be sure to listen closely to be sure you are on the case you have an interest in.
1. MINUTES of previous meeting. The
Commission voted, 8-0, to approve the minutes as amended.
2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 8-0, to approve items 2-A through 2-H and voted, 7-0 to approve item 2-I with Mr. Robins not voting.
3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. The Commission held a closed session to discuss pending litigation and proposed settlement offers in two habitat cases. [ Audio (contains items 1 through 3)]
4. BOY SCOUTS OF AMERICA, COLONIAL VIRGINIA COUNCIL, #05-2049, requests authorization to construct a 6-foot by 930-foot floating pier addition with six (6) 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 facility situated along McKans Bay on the Rappahannock River in Middlesex County. Continued from December meeting. The Commission voted, 8-0, to approve the permit. [ Audio ]
5. M. SCOTT NIBLO, #05-2305. Commission review of the Norfolk Wetland Board's December 14, 2005, decision to approve a permit to install a riprap revetment within jurisdictional wetlands on his property situated along the Lafayette River in Norfolk. The Commission, after several motions, voted 4-2-1, with Mr. Robins abstaining, to remand the case to the Norfolk Wetlands Board for reconsideration. [ Audio ]
6. 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 the 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 Commission voted, 8-0, to approve the after-the-fact permit including a $10,000 civil charge in lieu of other enforcement action. [ Audio ]
7. TANNER'S LANDING ASSOCIATES, LLC, #05-0480, requests authorization to install a 363-foot long by 8-foot wide open-pile community pier with 10 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 of minus five (-5) 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. The agent is objecting to the assessment of a royalty. The Commission voted, 6-0, to approve the permit and assess the appropriate royalties as recommended by staff. [ Audio ]
8. WATERS EDGE HOMES ASSOCIATION, #04-0854, requests authorization to construct a 200-foot long by 6-foot wide open-pile community pier adjacent to property situated along the Southwest Branch of Back River in Hampton. Two nearby oyster ground leaseholders protests the project. The Commission voted, 6-0, to approve a prior in the length up to the edge of the oyster ground leaseholder, but no less than 50 feet in length. [ Audio ]
9. PAUL EVANS, JR., #05-1411, requests authorization to construct a 37-foot long by 17-foot wide private, non-commercial, open-sided boathouse with associated 4-foot wide finger piers at a previously authorized private pier adjacent to property situated along the Western Branch of Wormley Creek in York County. An adjacent property owner protests the project. The Commission voted, 6-0, to approve the permit as recommended by staff. [ Audio ]
10. RON HALL, #05-2244, requests authorization to install two (2) offshore breakwaters, 75 feet and 55 feet in length, spaced 55 feet apart, and extending an average of 60 feet channelward of mean low water, and place approximately 1,800 cubic yards of beach-quality nourishment behind the structures at his property situated along his shoreline on the Rappahannock River near Mosquito Point in Lancaster County. An adjacent property owner protests the project. The Commission voted, 6-0, to approve the permit as recommended by staff. [ Audio ]
11. FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS & ENVIRONMENTAL SERVICES, #02-2187, requests after-the-fact authorization to modify a previously issued permit, to retain approximately 50 linear feet of riprap stream bank stabilization along Pohick Creek, associated with the Pohick Trunk Sewer line Improvements project in Fairfax County. The Commission voted, 6-0, to approve the permit as recommended by staff. [ Audio ]
12. ANDREW G. BURY, #01-2196, requests authorization to modify an existing permit to allow the construction of a 24-foot by 40-foot enclosed boathouse at the channelward end of a 128-foot private pier in lieu of at the channelward end of a 95-foot pier adjacent to his property situated along Urbanna Creek near Oakes Landing in Middlesex County. The Commission voted, 6-0, to approve the requested modification with a relocation of the boathouse at the end of the 128-foot private pier. [ Audio ]
13. PUBLIC COMMENTS: The request by a waterman for seed oyster movement will be discussed at the Commission’s February 28th meeting.
14. PUBLIC HEARING: Request to make emergency provisions for 2006 commercial black sea bass harvest quotas permanent parts of Regulation 4 VAC 20-950-10 et seq. The Commission voted, 5-0, to make the emergency provision permanent.
15. PUBLIC HEARING: Request to make an emergency provision of regulation 4 VAC 20-20-100 et seq. that exempts pound net fishermen from the priority rights requirements necessary for license renewal in 2006. The Commission voted, 5-0, to make the emergency provision permanent.
[ Audio (contains items 13, 14, and 15)]
16. PUBLIC HEARING: Consideration of proposals to open areas to oyster harvest in the James River Seed Area and in lower Rappahannock River. The Commission voted, 6-1, not to open the new areas in the James River and in the lower Rappahannock, while the season for market size oysters in the James River was extended through February 28th. The Commission also voted to hold a workshop within the next 90 days to reexamine the Blue Ribbon Oyster Panel’s report of the early 1990s on oyster replenishment. [ Audio ]
17. PUBLIC HEARING: Consideration of a proposal to establish a limited by-catch of American shad for the 2006 season. The Commission voted, 5-0, to establish the limited by-catch. [ Audio ]
18. BONNIE-LEIGH JONES: Request Commission review of the licensing and compliance with special conditions of Mr. Ernest L. George’s pound net at Windmill Point. The item was deferred until the Commission’s February 28th meeting.
19. VIRGINIA SEAFOOD COUNCIL: Request for public hearing and review of their proposal to continue aquaculture experiments with the non-native oyster, Crassostrea ariakensis. The Commission voted, 5-0, to set a public hearing for its February 28th meeting.
20. Update on status of the 2005 flounder fishery and proposed regulations for the 2006 recreational flounder fishery. Rob O’Reilly, Deputy Chief, Fisheries Management made the report.
21. Report on status of the federal waters (EEZ, 3-200 mile ocean waters) closure for striped bass harvest. Rob O’Reilly, Deputy Chief, Fisheries Management made the report.
22. AMERICAN SHAD RESTORATION: Approval of procurement procedures and public notice for the 2006 program. The Commission voted, 5-0, to set the procurement procedures and public notice for the American Shad Restoration program for 2006.
23. REQUEST FOR PUBLIC HEARING: To incorporate the 2006 Chesapeake Area striped bass harvest quotas into Regulation 4 VAC 200-252-20 et seq. The Commission voted, 5-0, to set a public hearing for its February 28th meeting.
[ Audio (contains items 19, 20, 21, 22, and 23)]
THE NEXT MEETING WILL BE HELD ON TUESDAY, FEBRUARY 28, 2006
PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval; Approved in Item 2)
2A. EAST TENNESSE NATURAL GAS LLC, #05-2367,
requests authorization to
install 30.48 miles of submerged and/or buried 20-inch diameter natural
pipeline beneath 48 streams, ten of which are jurisdictional, to
construction of the Jewell Ridge Lateral Project in Tazewell and Smyth
Recommend approval contingent on our standard instream permit
conditions and the
following special permit conditions: (1) the Indian Creek crossing
completed utilizing the jack and bore crossing method; (2) all
crossings shall be completed in the dry utilizing the dam and pump or
crossing method (3) all temporary equipment bridges shall be designed
above bankfull stage and any center pile supports necessary shall be
from the bank; and (4) updated mussel surveys and instream construction
time-of-year restrictions, as outlined by the Department of Game and
Fisheries in their January 10, 2006 letter to DEQ, shall be followed.
Additionally, recommend approval of an encroachment royalty of
$1,296.00 for the
encroachment of the line beneath 432 linear feet of State-owned
at a rate of $3.00 per linear foot.
2B. CONSOL VIRGINIA COAL COMPANY, #05-2233, requests authorization to construct a diffuser outfall, consisting of a 24” stainless steel header pipe, four 8” diameter diffuser pipes and four concrete bollards, to facilitate the discharge of mine water (1500 – 3000 GPM) from its Buchanan Mine into the Levisa Fork approximately 2000’ downstream of the Town of Grundy in Buchanan County. Recommend inclusion of our standard instream permit conditions, a March 15 through July 31 time of year restriction for instream work to protect the State Endangered variegate darter and a royalty of $500.00 for the encroachment of the diffuser over 250 square foot of State-owned subaqueous land at a rate of $2.00 per square foot.
2C. GLEBE HILL ASSOCIATES, INC., #04-2063, requests a permit modification to construct a 100-foot long by 30-foot wide clearspan bridge, in lieu of the previously permitted 90’ by 28’ structure, across Crump Creek to facilitate vehicular access to a proposed residential subdivision in Hanover County. Recommend an encroachment royalty of $100.00 for the additional encroachment over 50 square feet of State-owned submerged land at a rate of $2.00 per square foot.
2D. RICHMOND DEPARTMENT OF PUBLIC UTILITIES, #02-1288, requests a three year extension of, and a modification to, their existing permit to install a 36-inch water transmission main beneath 857 linear feet of the James River in the City of Richmond. The modification requests authorization to perform maintenance, as necessary, on the line. Recommend approval contingent on a February through June time-of-year instream work restriction to protect anadromous fish species.
2E. COVE POINT CONDOMINIUMS, #05-2207, requests authorization to remove existing tending piers and boat lifts and install approximately 1,669 linear feet of fiberglass bulkhead, varying from two feet to six feet channelward of mean low water and the failing bulkhead, situated along Little Neck Creek in Virginia Beach. The bulkhead will be backfilled with concrete to provide additional structural support and prevent further loss of fill material from under Cove Point Condominiums. Upon completion of the bulkhead, new 4-foot wide by 32-foot long tending piers will be constructed and pre-existing boat lifts will be installed in their original slips. Recommend an annual royalty in the amount of $4,025.55 for the filling of 7,300 square feet of State-owned submerged bottom at the rate of $3.00 per square foot ($21,900.00), and the additional encroachment over 12,237 square feet of State-owned submerged bottom at the rate of $1.50 per square foot ($18,355.50).
2F. HENRY COUNTY PUBLIC SERVICE AUTHORITY, #03-2332, requests to revise an existing permit to allow the construction of two (2) aerial, steel encased, PVC sewer lines above Blackberry Creek as part of the Northwest Henry County Sewer Improvement Project. The two crossings, specified as numbers 12 and 13, will span a total of approximately 110 linear feet of State-owned subaqueous bottom and vary in height from 24 inches to 36 inches above ordinary high water. No instream work will be necessary for the construction of the aerial crossings.
2G. TITAN AMERICA/ROANOKE CEMENT, #05-2491, requests authorization to maintenance dredge 4,615 cubic yards of material, and dredge an additional 3,707 cubic yards of new material to increase maximum project depths from –32 feet to –37 feet at mean low water, and to install two (2) 27-pile cluster mooring dolphins at their commercial facility on the Southern Branch of the Elizabeth River in Chesapeake. All dredged material will be transported to and disposed within the Craney Island Rehandling Basin. Recommend approval with the inclusion of our standard dredging conditions (i.e a pre-dredge conference and a certified post-dredge bathymetric survey) and the assessment of a royalty in the amount of $1,668.15 for the new dredging at a rate of $0.45 per cubic yard, and $314.00 for the encroachment over 157 square feet of state-bottom resulting from the new dolphin clusters at $2.00 per square foot.
2H. THURSTON PROPERTIES, LLC, #05-2563, requests authorization to remove the landward 172 feet of existing pier and slips and to construct a new replacement pier with the same number of slips and in the same location adjacent to the permittees' marina facility situated along Urbanna Creek at the end of Watling Street in the Town of Urbanna. Staff recommends approval with the assessment of an annual royalty of $1,152.40 for the encroachment of the pier and slips on 11,524 square feet of State-owned submerged land at an annual rate of $0.10 per square foot. Should the Commission elect to approve the conversion of this public marina into a private dockominium at a future date, the annual royalty would need be recalculated.
2I. GILES COUNTY, #05-2859, requests authorization to replace the existing single-lane metal truss bridge carrying Route 724 over Wolf Creek near the Town of Narrows with a 25-foot wide, two-lane structure with one in-stream pier. This project was originally permitted under our Virginia General Permit (VGP#1) for VDOT activities, and has been taken over under VDOT's Local Partnership Funding Program to expedite construction. Recommend approval with our standard in-stream construction conditions.