The following are the agenda items from the Commission's regular meeting held May 23, 2006 at Commission headquarters. The Commission's actions are in bold.
1. MINUTES of previous
meeting. The Commission voted, 4-0-1, to approve
the minutes. Mr. McLeskey abstained.
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. EDWIN A. MORRIS, SR., ET AL, #05-2644, requests
change the status of a private pier to a joint-use pier and to expand
the pier to include a 70-foot by 6-foot extension, a 40-foot by 12-foot
decked area and two 24-foot by 14-foot open-sided boathouses adjacent
to property situated along the Poquoson River in York County. The
adjacent property owner protests the project.
The Commission voted, 7-0, to approve the permit, but limited
the pierhead extension to a maximum of 400-square feet.
[ AUDIO Item 4 ]
5. TANNERS LANDING ASSOCIATES, LLC, #05-0480. Formal
Hearing concerning the unauthorized channel dredging and failure to
comply with the special conditions contained within an unexecuted
permit for their property situated along the Lafayette River in
The Commission voted, 7-0, to impose triple fees of $300 and
triple dredging royalties of $4,321.80 to the applicant, Tanners
Landing Associations, LLC, which also agreed to accept a civil charge
of $10,000 in lieu of further enforcement action for its failure to
cease dredging when first contracted by staff. The Commission also
approved a civil charge in the amount of $15,000 for Salmon’s
Dredging, Inc., the dredging contractor, in lieu of further enforcement
action. A $10,000 civil charge was for their failure to comply with the
permit and improper disposal of the dredged material. A $5,000 civil
charge was assessed for their illegal excavation of 582 cubic yards of
state-owned subaqueous bottom material. The Commission also voted to
file a written complaint over the performance of Salmon’s
Dredging Inc. with the State Board of Contractors.
[ AUDIO Item 5 ]
6. HARBOUR VIEW LIMITED PARTNERSHIP, #00-0476. Formal Restoration Hearing concerning the construction of a 30.5-foot by 30.5-foot gazebo structure positioned channelward of mean low water adjacent to their riverfront park at the confluence of Knotts Creek and the Nansemond River in the City of Suffolk. This case was continued until the Commission’s June 27th meeting at the applicant’s request.
7. ROBERT DeFORD, #05-2355, requests authorization to
8-foot wide by 325-foot long community pier including a 14-foot wide by
69-foot T-head, a 10-foot by 20-foot floating pier, and 3-foot wide
finger piers to provide a maximum number of seven (7) slips with
uncovered boat lifts to serve the residents of a new subdivision
situated along the Eastern Branch of the Elizabeth River in Virginia
Beach. The adjoining property owner protests the project.
The Commission voted, 7-0, to approve the project in modified
form. The Commission approved a community pier with a maximum of five
uncovered wet slips, eliminated both interior finger piers but
authorized the movement of the floating pier channelward on the
downstream side to create a fifth slip, and permitted an octagonal
platform midway along the pier for safety reasons, but with a maximum
width of 12 feet.
[ AUDIO Item 7 ]
8. MICHAEL P. SAWYER, #06-0061, requests authorization to
a 14-foot by 40-foot concrete, private, noncommercial boat ramp
extending approximately 28 feet channelward of an existing timber
bulkhead adjacent to his property situated along Hudgins Creek, a
tributary of Stutts Creek in Mathews County. The adjoining property
owners protest the project.
The Commission voted, 7-0, to approve the permit as proposed.
[ AUDIO Item 8 ]
9. BAYMARK CONSTRUCTION CORPORATION, #05-2610, requests
authorization to construct a 1,375-foot long by 10-foot wide open-pile,
concrete fishing pier with a 116-foot long by 30-foot wide modified
T-head and a 30-foot wide octagonal covered shelter and two (2)
floating docks for water taxis and boat rentals at their property
situated along the Chesapeake Bay in the Town of Cape Charles. The
project is protested by a nearby licensed pound netter and the
Arlington Plantation Home Owners Association.
This case was continued until the Commission’s June
27th meeting at the applicant’s request.
10. DON WHITCOMB, #05-1409, requests authorization to
8-foot wide by 30-foot long boat ramp extending approximately 17 feet
channelward of mean low water, adjacent to his property situated along
Glebe Creek in Westmoreland County. Both adjacent property owners
protest the project.
The Commission voted, 7-0 to approve the permit in accordance
with staff recommendations.
[ AUDIO Item 10 ]
11. FARMINGTON FARMS HOMEOWNERS ASSOCIATION, #05-2964,
authorization to construct a 12' wide by 40' long concrete boat ramp
and a 6' wide by 40' long open-pile tending pier at property situated
along the Pamunkey River in Hanover County. Wetlands and subaqueous
permits are required.
The Commission voted, 7-0 to approve the permit in accordance
with staff recommendations.
[ AUDIO Item 11 ]
12. ANDREW EDMUNDS, #06-0670, requests authorization to construct 373
linear feet of
riprap revetment adjacent to his property situated along the James River immediately upstream of Osborne Park in Henrico County. A wetlands permit is required. The Commission voted, 7-0 to approve the permit in accordance with staff recommendations.
[ AUDIO Item 12 ]
13. DISCUSSION: Commission approval of the mandate assessment conducted pursuant to §§2.2-613 and 15.2-2903(6) of the Code of Virginia and Executive Memorandum 1-98. The two mandates involved are the:
- Wetlands Zoning Ordinance in Tidewater SNR.MRC001
- Coastal Primary Sand Dune Zoning Ordinance SNR.MRC002
The Commission voted, 7-0 to approve the retention of the two mandates for another five years with the next review scheduled for 2011.
[ AUDIO Item 13 ]
14. PUBLIC COMMENTS: Two persons spoke: Mr. Ellis James of
Norfolk spoke on over-dredging and protection of wetlands and Mr.
Chester of Augusta County talked about the permit process and asked
that his case be placed on the Commission’s June 27th meeting
14A. The Commission recognized long-time VMRC staff member Ellen B. Cosby with a plaque for outstanding service. Ms. Cosby will joint the staff of the Potomac River Fishery Commission (PRFC) on June 1.
14B. The Commission voted, 7-0, to allow Steven B. Clark to secure a duplicate waterman’s card and a duplicate striped bass permit because the originals were stolen.
[ AUDIO Item 14 ]
15. PUBLIC HEARING: Consideration of Ernest L.
proposed placement of a pound net in the Rappahannock River. The
proposal was protested during the 30-day comment period.
The Commission voted, 7-0, approved the net, proving that all
of the structure is at least 1,500 feet off the beach.
[ AUDIO Item 15 ]
16. PUBLIC HEARING: Consideration of amendments to Regulation
4VAC20-450, “Pertaining to the Taking of Bluefish.”
The Commission voted, 7-0, to approve the
[ AUDIO Item 16 ]
17. REQUEST FOR PUBLIC HEARING: Request for a short-term
to the slot limit and season requirements of Regulation 4VAC20-252,
“Pertaining to Striped Bass” for recreational
The Commission voted, 6-0, to set a public hearing at its
June 27th meeting.
18. REQUEST FOR PUBLIC HEARING: To consider amendments to Regulation 4VAC20-150 and Regulation 4VAC20-900 et seq., concerning the harvest of horseshoe crabs by dredge and revisions to harvest and landing provisions for horseshoe crabs, respectively. The Commission voted, 6-0, to approve emergency amendments to 4VAC20-150 (Conch dredging) and set a public hearing for its June 27th meeting to consider making the amendments permanent. The Commission also voted, 6-0, to hold a public hearing at its June 27th meeting to bring its horseshoe crab regulation into compliance with Atlantic States Marine Fisheries Commission’s horseshoe crab management plan.
19. RECOMMENDATIONS OF THE RECREATIONAL FISHING ADVISORY BOARD. The Commission voted, 6-0, to approve the nine recommendations with seven fully funded and two partially funded with the Commercial Fishing Board.
[ AUDIO Item 171819 ]
THE NEXT MEETING WILL BE HELD ON TUESDAY, June 27, 2006
PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval; Approved in Item 2)2A. 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. The bridge over Cub Run will be expanded to 52.5 feet wide. 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 $1,034.50 for the enchroachment over 1,034.5 square feet of State-owned bottom at a rate of $1.00 per square foot.