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COMMISSION ACTIONS MAY 2005

MAY 2005 COMMISSION ACTIONS

The following are the agenda items from the Commission's regular May meeting held today at Commission headquarters. The Commission's action is in bold.

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

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 7-0, to approve permit items A through N with the exception of Item H, which was removed because of a protest.

3. CLOSED SESSION. The Commission held a closed session to discuss pending legal cases.

4. BRIEFING by Virginia Beach on the status of the Rudee Inlet Infrastructure Improvements project (#03-0641). The Commission was told that the project would be completed by June 26, 2005.

5. ROBERT VITEK, #05-0214. Commission review, on appeal by the applicant, of the April 13, 2005, decision by the Norfolk Wetlands Board to deny a permit to install 300 linear feet of riprap and fill 4,500 square feet of vegetated wetlands at his property situated along Mason Creek in Norfolk. The Commission voted, 7-0, to uphold the decision of the Norfolk Wetlands Board.

6. W. T. THOMPSON, #05-0469. Commission review of the April 7, 2005, decision by the Northumberland County Wetlands Board to approve Mr. Thompson's request to install 205 linear feet of riprap/backfill, eliminating 2,820 square feet of vegetated wetlands at his property adjacent to Ball Creek in Northumberland County. The Commission voted, 7-0, to remand the case to the Northumberland County Wetlands Board.

7. URBANNA HARBOUR YACHT CLUB, #05-0725, requests after-the-fact authorization to retain four (4) uncovered boatlifts that were installed without VMRC authorization within existing slips at their facility situated along Urbanna Creek in Middlesex County. The Commission voted, 7-0, to approve the after-the-fact permit request with a triple permit fee and no additional civil charge.

8. STUART W. GILL, #05-0520, requests after-the-fact authorization to retain 67 linear feet of timber tongue-and-groove bulkheading that was illegally constructed at his property situated along the Morattico Creek in Richmond County. The Commission voted, 6-0-1, with Mr. Cowart abstaining, to approve the after-the-fact permit. The Commission assessed the project contractor a civil charge of $1,340 and Mr. Gill will pay a triple permit fee and has 60 days to make certain specific changes to the existing structure.

9. ANDREW G. BURY, #01-2196, requests authorization to modify an existing permit to allow the construction of a 24-foot by 48-foot enclosed boathouse at the channelward end of a 128-foot private pier in lieu of the previously authorized 24-foot by 40-foot enclosed boathouse at the channelward end of a 95-foot pier adjacent to his property situated along Urbanna Creek near Oakes Landing in Middlesex County. A Middlesex County resident protests the project. The Commission voted, 4-3, to approve the project with an open-sided boathouse instead of a closed one.

10. MARK SCERBO, #04-2237, requests authorization to install quarry stone riprap revetment along seven (7) existing groins adjacent to his property located at the mouth of the Coan River in Northumberland County. An adjacent property owner protests the project. The Commission voted, 6-0-1 with Mr. Cowart abstaining, to approve the permit with the type/quality of the stone to be specified.

11. OYSTER POINT PROPERTIES, LLC. #05-0741, requests after-the-fact authorization to complete a private pier extending 243 feet channelward of mean high water with an 8-foot by 51-foot L-head, a 5-foot by 51-foot finger pier, an uncovered boatlift, a single piling to support an osprey nesting platform and a 26-foot by 51-foot open-sided boathouse adjacent to his property situated along the Piankatank River at Horse Point in Middlesex County. The Commission voted, 6-1, to approve the after-the-fact permit conditional upon non-commercial use and a levied triple permit fee and a civil charge of $1,200 in lieu of further action.

12. PUBLIC HEARING: Consideration of changes to the Commission's Wetlands Mitigation/Compensation Policy: 4 VAC 20-390-10 ET SEQ., to achieve a no-net loss of wetlands in the tidal wetlands regulatory program. The Commission voted, 7-0, to adopt the new policy. It was noted that between 1993 and 2004 the Commission had approved permits that created a loss of 132 acres of tidal wetlands, but only approved compensation for about 20 acres.

13. SHARON CARR, #04-056, oyster ground application for 250 acres in the James River in the City of Newport News near the James River Bridge. The application is protested. The Commission voted, 4-3-1 with Mr. Garrison abstaining, to deny the application.

14. PUBLIC HEARING: VIMS request to deploy Crassostrea ariakensis oysters in Virginia waters for experimental purposes. The Commission voted, 7-0, to approve the VIMS proposal.

15. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-110 to adjust size limits for lobster. The Commission voted, 7-0, to approve the amendments.

16. PUBLIC HEARING: Establishment of the summer period (May 1 through October 31) quota for Scup. The Commission voted, 7-0, to establish the Scup quota.

17. PUBLIC HEARING: Request for extension of the safe harbor provisions described in Regulation 4VAC20-620-10 ET SEQ. The Commission voted, 7-0, to approve the safe harbor provisions.

18. RECOMMENDATIONS: The Recreational Fishing Advisory Board offers first group of spending recommendations for 2005. The Commission voted, 7-0, to approve the eight requests for funds.

19. UPDATE: Update on seed transfer and other oyster issues raised by Doug Jenkins at April 26th Commission meeting. The Commission took no action.

20. REPORT: Report of License Fee Committee and request for public hearing on proposed license fee increases in commercial and recreational fishing. The Commission voted 7-0, to approve a public notice for public hearings in July on the Eastern Shore, the Northern Neck and in Gloucester County and at the Commission's July 26th meeting in Newport News. The notices will describe the maximum fees that could be levied according to the new state law and also the new fees recommended by the agency's subcommittee that studied the issue.

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

2A. UPPER OCCOQUAN SEWAGE AUTHORITY, #05-0527, requests authorization to install approximately 350 linear feet of 16-inch diameter, high density polyethylene (HDPE) pipe, crossing or running along the stream bottom of Rocky Run at four separate locations, to be used as a temporary utility crossing for bypassing sanitary sewage during repair activities on the Rocky Run Interceptor (sanitary sewer) in Fairfax County.

2B. BAY CREEK MARINA & RESORT LLC, 04-2844, requests authorization to install three (3) 150-foot long breakwaters, three (3) 180-foot long breakwaters and one (1) 230-foot long stone offshore breakwater and nourish the beach adjacent to the Marina Village subdivision situated along the Chesapeake Bay in the Town of Cape Charles, Northampton County. An approved SAV Mitigation Plan is required, the plan shall include monitoring and replanting, as necessary, for a period of three (3) years. The construction activity will be confined to the period of September15 through January 31 and a turbidity curtain shall be placed around the area under construction in order to minimize the adverse effects to any aquaculture activities that may be present in or near the project area.

2C. TOWN OF CAPE CHARLES, 01-0050, requests reactivation and an extension until April 24, 2008, for a previously issued permit to install four (4) offshore stone breakwaters totaling 785 linear feet, 290 linear feet of stone armor protection adjacent to an existing 290-foot long stormwater outfall and 45,000 cubic yards of beach quality sand nourishment, (acquired from an upland source) along the Public Beach in the Town of Cape Charles. The applicant also requests a modification to allow the potential use of concrete blocks within the toe of the breakwater structures. The Phase I breakwater has been completed.

2D. CITY OF VIRGINIA BEACH, ET AL, # 05-0209, requests authorization to install a 48-inch concrete or polyethylene stormwater outfall line from the existing 79th Street pump station to a discharge point approximately 2,000 feet offshore. Installation will require mechanical dredging and the construction of a temporary trestle system alongside the excavation in the ocean. Minimal amounts of riprap will be placed over four (4) submerged manhole covers, and the outfall point will remain approximately 12 feet below the surface at mean low water.

2E. DOMINION VIRGINIA POWER, #05-0392, requests authorization to install by embedment hydro-plow method, a submerged 35kV electrical transmission line across the James River between Surry County and Charles City County to maintain electrical service to area residents. Recommend approval contingent on a minimum embedment depth of ?41 feet? MLW within the 300?foot wide federal project channel.

2F. KELLOG BROWN & ROOT, INC, #04-1326, requests authorization to install 360 linear feet of riprap bank stabilization and approximately 70 linear feet of submerged sewer line along/beneath the Levisa Fork and to construct three (3) clearspan bridges across Bull Creek, Poplar Creek and Levisa Fork to facilitate construction of the Coalfields Expressway, Section A, in Buchanan County. Recommend inclusion of our standard instream work conditions to minimize impacts to these waterways during construction activities and an instream time-of-year restriction from March 15 through July 31 for all work in the Levisa Fork to protect the State endangered variegate darter and the existing warmwater sport fishery.

2G. CITY OF NORFOLK, #04-2358, requests authorization to dredge 3,200 cubic yards of material to achieve maximum depths of minus five and a half (-5.5) feet below mean low water within a 39,800 square foot area in association with the repair and reconstruction of the 13th Street community boat ramp adjacent to their property situated along Willoughby Bay in Norfolk. All dredged materials are to be placed at the Craney Island facility. Staff recommends a pre-dredge conference and a submission of a post-dredge bathymetric survey.

2H. DEPARTMENT OF THE NAVY, #04-2704, requests authorization to install 12,000 linear feet of a floating barrier supported by plate anchors, lighted marker buoys, and warning signs, to serve as a protective waterfront barrier system and line of demarcation for the western boundary of the Naval Station Norfolk (NAVSTA) restricted waters situated along Hampton Roads in Norfolk. A similar project, VMRC #01-0001, was approved by the Commission on January 23, 2001. Removed due to a protest.

2I. NAVAL FACILITIES ENGINEERING COMMAND, #04-2701, requests authorization to replace Pier 11 at Naval Station Norfolk (NAVSTA) with a 1500- foot long by 93-foot wide concrete pier, a 633-foot long by 50-foot wide relieving platform, 656 linear feet of riprap revetment, dredge to -52 feet below MLW a basin associated with Pier 11, construct a 957 foot long bulkhead no greater than 2 feet in front of the existing deteriorated bulkhead, a concrete sheetpile breakwater in front of piers D, E and F, adjacent to property situated long the Elizabeth River in Norfolk. Dredged materials will be disposed of at the Craney Island Disposal Area.

2J. CITY OF NORFOLK, #05-0631, requests authorization to install a 320-foot long by 40-foot wide breakwater between 7th View and 8th View Streets, and three (3) 260-foot long by 38-foot wide breakwaters west of the Little Creek jetties adjacent to properties situated along the Chesapeake Bay in Norfolk.

2K. COLUMBIA GAS OF VIRGINIA, #05-0636, requests authorization to install an 8" natural gas pipeline, using the directional drill method, under 2,200 linear feet of the Western Branch of the Elizabeth River adjacent to the Route 17 Churchland Bridge in Portsmouth.

2L. YORK COUNTY DEPARTMENT OF GENERAL SERVICES, #04-1406, requests a modification to their previously approved permit to install three red and one green navigation markers in the Poquoson River in York County. The markers will be in conformance with U.S. Coast Guard requirements.

2M. APM TERMINALS VIRGINIA, INC., #02-1913, requests a modification to their previously issued permit to install 4,000 linear feet of riprap beneath the wharf facility and along the slope of the dredge cut at their facility situated along the Elizabeth River in Portsmouth.

2N. NORFOLK AND SOUTHERN RAILWAY COMPANY, #05-0598, requests authorization to maintenance dredge on an as needed basis, a maximum of 35,000 cubic yards of State-owned submerged lands per cycle, to reach maximum depths of -53 feet below mean low water adjacent to Piers #5 and #6 at their Lambert's Point facility situated along the Elizabeth River in Norfolk.


NEXT MEETING:  6/28/05

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