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COMMISSION ACTIONS APRIL 2006

The following are the agenda items from the Commission's regular meeting held April 25, 2006 at Commission headquarters. The Commission's actions are in bold.  

1. MINUTES of previous meeting.  The Commission voted, 5-0, to approve the minutes.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 5-0, to approve the Page Two permits with staff recommendations.

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.  No closed meeting was held.   [ AUDIO Items 1-3 ]

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. At the request of all of the parties involved, the Commission voted, 5-0 to defer Commission review of the appeal until its June 27th meeting.  [ AUDIO Items 4 ]

5. COWART SEAFOOD CORPORATION, 06-0645, requests authorization to deploy 4-foot wide by 6-foot long by 12-inch high, individually buoyed, oyster aquaculture cages on privately leased oyster grounds, occupying four (4) separate areas in the Coan River totaling approximately 24.5 acres of suitable hard bottom. The cages will be deployed in water depths ranging from approximately three (3) to eight (8) feet at mean high water and at a maximum cage density of 350 cages per acre. The four sites will be located along the west shore of the Coan River, across from Walnut Point along an approximately 5,000 feet of shoreline, beginning at Stevens Point and extending southeast. A nearby property owner protests the project. The Commission voted, 5-0, to approve the permit in accordance with the conditions and recommendations of staff. [ AUDIO Items 5 ]

6. BEVANS OYSTER COMPANY, #06-0649, requests authorization to deploy 4-foot wide by 6-foot long by 12-inch high, individually buoyed, oyster aquaculture cages on privately leased or sub-leased oyster grounds, occupying four (4) separate sites in the Yeocomico River and Wilkins Creek totaling approximately 20 acres of suitable hard bottom. The cages will be deployed in water depths ranging from approximately one and a half (1.5) to six and a half (6.5) feet at mean low water, and at a maximum cage planting density of 250 cages per acre. Two of the four separate sites are located within Westmoreland County, and include approximately four acres in the Yeocomico River approximately 1,000 feet west of the mouth of Parkers Creek, and eight acres in the Yeocomico River approximately 1,300 feet southwest of the mouth of Parkers Creek. The remaining two sites are located within Northumberland County, and include approximately four acres in the Yeocomico River approximately 2,300 feet southeast of Horn Point, and four acres in Wilkins Creek approximately 800 feet south of Mundy Point. The Commission voted, 5-0, to approve the permit in accordance with the staff recommendations, specifically excluding any cage deployments in areas with depths less than 2 feet at mean low water to minimize impacts on submerged aquatic vegetation.
[ AUDIO Items 6 ]

7. WARD OYSTER CO., #05-2241, requests after-the-fact authorization to retain 566 deployed aquaculture cages and authorization to deploy additional 4-foot by 4-foot by 2-foot high aquaculture cages at five locations on his leased oyster ground in the Ware River in the vicinity of Jarvis Point and Schley in Gloucester County. A maximum of 2500 cages are proposed to be deployed in water between four (4) and six (6) feet deep at mean low water. The cages are proposed to be deployed as two-cage units and marked with a small buoy. Numerous residents in the vicinity protest the project. The Commission voted, 6-0, to approve the permit with the conditions recommended by staff except for the deletion of Site 1, which site was approved contingent on the imposition of a seasonal prohibition that prohibits its use between May 1 and October 31. [ AUDIO Items 7 ]

8. DAVID C. ROGERS, #06-0051, requests authorization to remove and re-construct a 135-foot long by 5-foot wide pier, and a 670 square foot platform that presently supports a 17.5- foot by 13.5-foot one story dock house adjacent to his property along Hungars Creek in Northampton County. The proposed project will replace the existing pier, platform and dock house within the existing footprint. The Commission voted, 6-0, to approve the permit as requested. [ AUDIO Items 8 ]

9. LAWRENCE FUCCELLA, JR., #06-0342, requests after-the-fact authorization to retain a 9-foot by 20-foot timber deck constructed on top of his existing boathouse situated along Urbanna Creek at 529 Ivy Shores Boulevard in Middlesex County. The Commission voted, 6-0, to require the removal, within 60 days, of the deck including the door access and any interior landing. [ AUDIO Items 9 ]

10. BLUEWATER YACHTING CENTER, #05-2195, requests authorization to construct a marina manager's office building with a 64-foot by 5-foot deck that will encroach up to one (1) foot channelward of mean low water at their property situated along Sunset Creek in Hampton. Two nearby residents protests the project. The Commission voted, 6-0, to approve the project as requested finding that the encroachment was diminimis and reasonable. 
[ AUDIO Items 10 ]

11. PERRY ROBERTS, #05-2053. Consideration of the contractor’s involvement in the enlarged and expanded private pier that was reconstructed at Mr. Robert’s property situated along Aquia Creek in Stafford County. The Commission voted, 6-0, to accept a $1,800 civil charge from the contractor, Mr. William “Pete” Sullivan for his role in Mr. Perry Roberts’ unauthorized construction at the site.
[ AUDIO Items 11 ]

11A. REPORT ON BUCKROE BEACH PIER: Mr. Grabb, Chief, Habitat Management Division, reported that Mr. Ronald Boone, Jr. had failed to get a permit for the installation of a temporary construction trestle at the site of the proposed Buckroe Beach fishing pier. The staff declined to accept an after-the-fact permit request to retain the temporary trestle, given the fact that Mr. Boone had been subject to an earlier after-the-fact situation at Harrison’s Fishing Pier in Ocean View which included his failure to secure a trestle permit at that site. Mr. Grabb said Pre-Con Marine would remove the trestle within the next two weeks, after which Mr. Boone would likely apply for a permit to reinstall it. In addition, it was likely that the City of Hampton would be submitting a request for a permit to make changes to the pier length and other amenities, which were not included in the request to reconstruct the pier after Hurricane Isabel under Governor Warner’s Executive Order.
[ AUDIO Items 11A and 11B ]

11B. TANNER’S LANDING ASSOCIATES, LLC UPDATE: Mr. Grabb reported that the permit approved by the Commission in December/January meetings had not been properly executed by the permittee. Nevertheless, dredging had been conducted, but not in conformance with the draft permit conditions. A change in disposal location resulted in additional dredging and unanticipated damage to tidal wetlands at the property at the property. The dredging has been completed and no other in water construction may occur until the permit is issued. The Commission voted, 6-0, to hold a Restoration Hearing on this violation at its May 23rd meeting.  

12. PUBLIC COMMENTS: Lake Cowart, Jr. of Lottsburg in the Northern Neck requested that the Commissioner ask for an official opinion from the Office of the Attorney General regarding the status of Chapter 16 of Title 28.2. The Commissioner indicated it was his intent to forward the request to the Secretary of Natural Resources for coordination with the Governor’s Policy Office. Mr. Jewell of Poquoson appeared before the Commission and requested that the Attorney General’s Office either move forward with the Commission’s threatened enforcement of their removal order on his pier and structure or agree to drop the case.   [ AUDIO Items 12 ]

13. REQUEST TO CONSTRUCT AN ARTIFICIAL FISHING REEF NEAR THE MOUTH OF THE POQUOSON RIVER. Tabled from the March meeting. The Commission voted, 6-0, to approve the reef for half of the original requested area, staying away from habitable bottom area south of the site.   [ AUDIO Items 13 ]

14. PUBLIC HEARING: Requiring a human waste receptacle to be aboard all shellfish harvesting vessels; an NSSP requirement. The Commission voted, 6-0, to approve the regulation.   [ AUDIO Items 14 ]

15. PUBLIC HEARING: Proposed extension of the hard clam season in the James River and establishment of a control rule to establish seasons in future years. The Commission voted, 6-0, to extend this year’s season until April 30.   [ AUDIO Items 15, Item16, Item 17 ]

16. REQUEST FOR A PUBLIC HEARING: Establishing the 2006 commercial bluefish quota. The Commission voted, 6-0, to set a public hearing for its May 23rd meeting.

17. JOHN W. BUNDICK: Request for transfer of black drum permit. The Commission voted, 6-0, to approve the transfer.


THE NEXT MEETING WILL BE HELD ON TUESDAY, MAY 23, 2006


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

2A. KINGSMILL RESORT, #04-1519, requests authorization to install 23 drive-on slips for personal watercraft along the landward side of an existing concrete floating dock at their Kingsmill Resort Marina along the James River in James City County. Recommend a royalty of $3757.50 for the encroachment over 2,505 of State-owned bottom at a rate of $1.50 per square foot.

2B. VIRGINIA ELECTRIC & POWER COMPANY, #06-0180, requests authorization to dredge 161,500 cubic yards of State-owned subaqueous bottom material to provide maximum depths of –38 feet at mean low water, and construct a 368-foot long by 50-foot wide, pile-supported, concrete pier with a 20-foot wide, pile-supported access trestle, a 10-foot wide, pile-supported, enclosed conveyor system, three (3) breasting dolphins, and four (4) mooring dolphins, all of which is associated with a proposed coal vessel unloading facility on the Southern Branch of the Elizabeth River at the Chesapeake Energy Center. Recommend approval with the requirement for a pre-dredge conference and post-dredge bathymetric survey. Further recommend a one-time royalty in the amount of $135,520.00 for the dredging of 161,500 cubic yards of State-owned subaqueous bottom material at a rate of $0.45 per cubic yard ($72,675.00) and for the encroachment over 31,422.5 square feet of State-bottom at a rate of $2.00 per square foot ($62,845.00).

2C. DEPARTMENT OF THE ARMY, #06-0270, requests authorization to annually install a temporary 3,000-foot elevated causeway system (elevated pier) for training exercises adjacent to the Omaha Beach and Utah Beach Training Areas at Fort Story along the Chesapeake Bay in Virginia Beach. Recommend approval pending expiration of the 10-day day review period, provided subsequent to the local wetlands board decision on April 17, 2006.

2D. JEFF HEBENSTREIT, #05-2416, requests authorization to dredge approximately 350 cubic yards of State-owned submerged bottom to obtain maximum depths of 5.3 feet below mean low water; install 122 linear feet of riprap, a maximum of 2.5 feet channelward of the existing revetment; install a 64-foot stone marsh revetment, a maximum of 3 feet channelward of mean low water; remove an existing pier and construct a 6-foot wide by 74-foot long private pier with an 8-foot by 43-foot floating dock, two, 4-foot wide finger piers, a 22-foot by 54-foot open-sided boathouse with lift, and two upland access walkways; and relocate an existing open-sided boathouse with lift alongside the proposed pier. All components of the proposal will occur adjacent to the applicant’s property along Broad Bay in the East Alanton subdivision in Virginia Beach. All dredged materials will be offloaded at a nearby boat ramp into sealed dump trucks and transported to the Higgerson & Buchannan landfill in Chesapeake. Recommend a royalty of $157.50 for the dredging of 350 cubic yards at a rate of $0.45 per cubic yard.

2E. U.S. FISH AND WILDLIFE SERVICE, #05-1112, requests authorization to remove an existing pier and associated pilings and construct a new 11-foot wide by 116-foot long timber pier, including a 10-foot by 30-foot aluminum ramp for Wildlife Service Staff access only (a portion of the pier will be open to the public for fishing); remove an existing timber bulkhead and install 145 linear feet of open-cell concrete block structure, extending a maximum of 5 feet channelward of the normal water level; and install three riprap breakwaters, varying in size from 154-180 feet in length, with a maximum base width of 12 feet and extending approximately 1-foot above the normal water level, for increased shoreline protection adjacent to the Back Bay National Wildlife Refuge situated along Back Bay in Virginia Beach.

2F. CITY OF RICHMOND, #06-0371, requests authorization to replace an existing low water bridge crossing of Gillies Creek along Gennie Scher Road with a 105-foot long by 45-foot wide clearspan bridge in the City of Richmond.

2G. U.S. COAST GUARD, #06-0269, requests authorization to install a 55-foot by 35-foot drive-on floating dock for the mooring of three (3) USCG training vessels adjacent to their existing facility situated along the Western Branch of Wormley Creek in York County.

2H. DEPARTMENT OF THE NAVY, #05-2544, requests a modification to a Commission authorized project for construction activities at the Magnetic Silencing Facility to authorize the addition of a 60-foot by 25-foot temporary construction platform, at a height of 10 feet above MLW, to be used to stage spools of sensor cables during installation located adjacent to property situated along Hampton Roads in Norfolk. The platform will be lighted in accordance with USCG regulations and will be removed no later than August 31, 2006.

2I. COUNTY OF YORK, #02-0220, requests a modification to their previously issued permit to install a 130-foot long by 26-foot wide breakwater, three (3) 80-foot long culverts, and to excavate 390 cubic yards of sandy deposition material to depths not to exceed 1-foot below mean low water from within a 400-foot by 60-foot area in front of the proposed breakwater, to be used as beach nourishment behind the breakwater, in order to provide a clear and open channel between Yorktown Creek and the York River in York County.

2J. WESTFIELDS BUSINESS OWNER’S ASSOCIATION, #06-0331, requests authorization to impact 19.7 linear feet of Flatlick Branch, a tributary to Cub Run, in Fairfax County as a result of the Stonecroft Boulevard expansion. A 10-foot by 14-foot culvert will be placed in Flatlick Branch to direct water under the road while the bridge is expanded and riprap will be utilized to maintain the low-flow channel. Staff recommends a royalty of $59.1 for an overhead crossing at a rate of $3.00 per linear foot.

2K. VIRGINIA TECH FOUNDATION, #06-0487, requests authorization to install 173 feet of steel sheet bulkhead at a maximum of 2 feet in front of an existing failing timber bulkhead adjacent to their property situated along the Hampton River in Hampton. Staff recommends a royalty of $306.00 for the filling of 306 square feet of State-owned submerged bottom at a rate of $1.00 per square foot.

2L. VIRGINIA DEPARTMENT OF TRANSPORTATION, #06-0330, requests authorization to impact 40 linear feet of Beaverdam Creek during repairs to Hibbs Bridge in Loudoun County. The streambed around the pier and abutments will be excavated approximately 12 inches and riprap will be installed to prevent erosion and scour.

2M. TOWN OF WARSAW, #06-0151, requests authorization to construct a new 8-inch diameter sanitary sewer effluent diffuser that will extend 64 feet into Totuskey Creek approximately 2,500 linear feet downstream of Route 3. This extension and relocation is to facilitate improvements to the Town of Warsaw WWTP in Richmond County and is in keeping with a DEQ Consent Order and VPDES permit that DEQ has recently issued. Recommend an instream time of year restriction from March 15 through June 30 (for pipeline installation) to minimize adverse impacts on anadromous fish.


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