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COMMISSION ACTIONS JUNE 2006

The following are the agenda items from the Commission's regular meeting held June 27, 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 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 have selected the desired item.

1. MINUTES of previous meeting. The Commission voted, 7-0-1, to approve the minutes. Mr. Schick abstained.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 8-0, to approve the Page Two permits with staff recommendations. 

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. The Commission was briefed on legal matters involving today's agenda item No. 4, a civil charge question from a May agenda case and the Virginia Attorney General's Office view that the water column statute previously in the Code of Virginia is no longer in effect because no money was appropriated by the General Assembly within the time provisions of the original bill.

 [ 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. Deferred from the April 2006 hearing. The Commission initially defeated a motion, in a 5-4 vote, to remand the case to the Virginia Beach Wetlands Board. Later, the Commission voted, 6-2, to acknowledge that the compromise effected by all parties was less environmental damaging that the original proposal and approved the compromise finding that the local wetland board had erred by not exploring a more landward alignment for the proposed structure.  [ AUDIO ]

5. 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. Deferred from the May meeting. The Commission voted, 7-0-1 with Mr. Holland abstaining, to approve the proposed pier with the reduced dimensions, but deny the proposed gazebo structure finding that its purpose could be accomplished with a location landward of mean low water. The Commission also moved to permit Mr. Like's existing pound nets to remain in their present location which is less than the 300 yards set by §28.2-302 of the Code of Virginia. The developer also agreed to a stipulation that would prohibit any other pier structures from being built along their Chesapeake Bay shoreline from the Town of Cape Charles to Plantation Creek.   [ AUDIO ]

6. HARBOUR VIEW LIMITED PARTNERSHIP, #00-0476. Formal Restoration Hearing concerning the construction of a 30.5-foot by 30.5 foot gazebo structure (approximately 730 square feet) channelward of mean low water adjacent to a riverfront park at the confluence of Knotts Creek and the Nansemond River in the City of Suffolk. Deferred from the May meeting. The item was deferred to the Commission's July 25th meeting at the Commissioner's request.

7.  CITY OF VIRGINIA BEACH, #96-0083. Formal Restoration Hearing regarding the overdredging of the Lynnhaven Boat Ramp and Beach Facility municipal channel situated along Crab Creek near the Lynnhaven Inlet in Virginia Beach. The Commission voted, 8-0, to accept the staff recommendation with triple royalties and a $2,000 civil charge agreed to by the contractor. Regarding an earlier action that the Commission took related to the Tanner's Landing Associations (#05-0480) project, the Commission voted, 8-0, to reconsider the civil charge and a letter to the Virginia Board of Contractors that the Commission had levied on Mr. Salmons. The commission agreed to hold the letter in abeyance for a three-year probationary period provided Mr. Salmons agreed to remit the payment of the $15,000 civil charge within 7 days. Should Mr. Salmons commit a further violation during the three-year period, the issue would be brought back to the full Commission for consideration.  [ AUDIO ]

8.  ROBERT HOLLOWAY, #02-0012. Formal Restoration Hearing concerning the unauthorized expansion of a previously authorized boathouse, construction of a storage shed above the boathouse, addition of a step-down walkway and wave break structure, all without prior authorization, at his property situated along the Poquoson River in York County. The Commission voted, 8-0, to grant after-the-fact approval of the enlarged boathouse, but required that the floored portion above the boathouse be removed and that Mr. Holloway consent to permit staff to conduct a compliance inspection after the removal is completed. The Commission also required accurate revised drawings to be submitted to staff and imposed triple permit fees and a $1,000 civil charge in lieu of further enforcement measures.  [ AUDIO ]


[ Change of Command Ceremony Audio ]  


9.  TED WARREN, #05-1348, requests authorization to install a 112-foot by 5-foot private, non-commercial, non-riparian, open-pile pier with a 16-foot by 20-foot T-head and a 24-foot by 14-foot open-sided boathouse with a lift adjacent to property situated along Willoughby Bay in Norfolk. The project is protested by an adjacent property owner. The Commission voted, 8-0, to approve a centrally located private pier with T-Head platform and open-sided boat house at the terminal end subject to the submittal and approval by staff of the required revised drawings.   

10.  ALBERT WILLIAMS, #05-0753, requests authorization to install a 175-foot by 6-foot private, non-commercial, non-riparian, open-pile pier with a 25-foot by 10-foot L-head and a 28-foot by 25-foot open-sided boathouse with a lift and associated 4-foot wide finger piers adjacent to property situated along Willoughby Bay in Norfolk. The project is protested by two adjacent property owners. The Commission voted, 8-0, to approve a centrally located pier with T-head at the terminal end subject to the submittal and approval by staff of revised drawings. The Commission also directed the removal of four illegally installed pilings along the property line extended. 

 [ AUDIO for Items 9 & 10  |  9& 10 AUDIO continued ]

11.  BRIAN L. PARKER, #05-2618, requests authorization to construct a 17-foot by 40-foot open-sided, private, noncommercial boathouse near the channelward end of a 206 foot long pier and to install a single piling to support an osprey nesting platform adjacent to his property situated along the Piankatank River near the mouth of Back Creek in Gloucester County. The project is protested by an adjoining property owner and an oyster ground leaseholder. The case was deferred indefinitely pending a change in covenants to permit a boathouse structure.

12.  EDWARD WALENDY, #05-2566, requests authorization to construct a 35-foot long by 19-foot wide, private, closed-sided, single slip boathouse to replace an existing, storm-damaged, 35-foot long by 28-foot wide, open-sided, dual slip boathouse adjacent to his property on the Western Branch of the Corrotoman River in the Corrotoman-by-the-Bay subdivision in Lancaster County. The Commission voted, 5-3, to deny the enclosed boathouse, but approved an open-sided boathouse of dimensions equal to, or less than the previously existing structure, upon receipt of revised drawings acceptable to staff. [ AUDIO ]

13.  GASLIGHT LANDING, LLC, #05-1221, request authorization to construct a 26-slip community pier facility to include: the installation and backfilling of 22 linear feet of bulkhead; the construction of a 12-foot wide by approximately 257 foot long marginal wharf extending approximately eight feet channelward of mean low water; and the construction of two (2) 8-foot wide by 125-foot long piers with 8-foot wide by 58-foot long T-head platforms, extending approximately 141 feet channelward of mean low water, with a total of two (2) access ramps/gangways, thirteen (13) 3-foot wide by 20-foot long finger piers, twenty-six (26) 3-foot by 3-foot triangular platforms installed adjacent to each finger pier and T-head, and thirteen (13) free-standing mooring piles, adjacent to the planned Gaslight Landing town home development situated along the Occoquan River in the Town of Occoquan, Prince William County. After voting 5-4 to reject a 20-slip pier, the Commission ultimately voted, 7-1, to approve a 24-slip community pier to serve the 20-unit condominiums upon after the submittal of revised drawings acceptable to staff. [ AUDIO ]

14.  PUBLIC COMMENTS: Miss Mary Hill of Suffolk came to the Commission to request relief from the payment of certain advertising costs related to obtaining oyster leases in the Nansamond River. The Commissioner asked the staff to make a report to the Commission when a review of the case is completed. Capt. Bob Jensen of the Rappahannock Preservation Association recognized the Commissioner for his 23+ years in his position. Earlier in the meeting Commissioner Pruitt recognized Commissioner-Designate Steven Bowman and praised him for his preparations over several years to work to get the appointment. Mr. Bowman then presented the Commissioner with the gavel he used at the Commission meetings, appropriately inscribed with the dates he served as Commissioner of Marine Resources. A portrait of Commissioner Pruitt was then hung on the wall with the other former Commissioners in the Commission Room. [ AUDIO ]

15. PUBLIC HEARING: Consideration of proposed amendments to Regulation 4VAC20-150, "Pertaining to the Dredging of Conchs" and Regulation 4VAC20-900, "Pertaining to Horseshoe Crab" to comply with certain provisions of the Interstate Fishery Management Plan for the Horseshoe Crab. The Commission voted 7-0-1, with Mr. Robins abstaining, to approve each of the proposed amendments. 
[  AUDIO ]

16.  PUBLIC HEARING: Consideration of proposed amendments to Regulation 4VAC20-252, "Pertaining to the Taking of Striped Bass" to provide an exemption to slot limit or season requirements for recreational striped bass fishing tournaments meeting certain conditions. The Commission voted, 8-0, to approve the proposed amendments.  [ AUDIO for Items 16 & 20 ]

17. RECOMMENDATIONS OF THE COMMERCIAL FISHING ADVISORY BOARD for the funding of certain projects. The Commission voted, 7-0-1 with Dr. Jones abstaining, to approve the projects as proposed by the advisory board if funding is available. 

18. REQUESTED AMENDMENTS TO REGULATIONS pertaining to the use of gill nets in Virginia waters, for the conservation of bottlenose dolphin. Mr. Jack Travelstead, Chief, Fisheries Management Division, explained to the Commission the background related to the recent imposition of new federal rules by the National Marine Fisheries Service designed for the further protection of the bottlenose dolphin within the waters of Virginia—both coastal and at the mouth of the Chesapeake Bay. Mr. Travelstead suggested and the Commission concurred that no action be taking until NMFS has responded to the Commissioner's letter asked for an explanation as to the basis upon which the new rules pertaining to Virginia were made. 

19. REQUEST FOR PUBLIC HEARING: AMENDMENTS TO REGULATION 4VAC20-566, "Pertaining to the Hampton Roads Shellfish Relay Area" to permanently extend the relay season to September 30th of each year. The Commission voted, 8-0, to set the amendments for a public hearing at its July 25th meeting. 

20. REPEAT OFFENDERS: The Commission placed two watermen on 12-month probation each for repeat offenders. Any violation during that time could result in the loss of their watermen's card. 

[ AUDIO FOR ITEMS 17, 18,19 ]



THE NEXT MEETING WILL BE HELD ON TUESDAY, JULY 25, 2006


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

2A.    L.T.M. DEVELOPMENT, LLC, #05-2789, requests authorization to install and backfill 126 linear feet of vinyl bulkhead up to six (6) feet channelward of a failing bulkhead and replace the existing dock with a 6-foot wide by 110-foot long floating dock facility with 4-foot wide finger piers providing a maximum of eight wetslips adjacent to commercial property at 900 Laskin Road, situated along Little Neck Creek in Virginia Beach.  Recommend a royalty of $1,512.00 for the filling of 504 square feet of State-owned bottom at a rate of $3.00 per square foot and an additional royalty of $6,792.00 for the private use marina's encroachment over 4,528 square feet of State-owned bottom at a rate of $1.50 per square foot. 

2B.    CITY OF VIRGINIA BEACH, #04-1181
, requests authorization to modify their existing dredge permit for Rudee Inlet by shifting the Outer Channel Deposition Basin channelward 40 feet, creating a 40-foot wide transition between the Deposition Basin and the Inlet Project Channel with a maximum depth of minus -16 feet mean lower low water; and increasing the permitted depth for a 260-foot section of the Channel, directly west of the new basin, to a maximum depth of minus -16 feet mean lower low water.  These modifications are requested to maximize the effectiveness of the deposition basin without endangering the existing jetty and breakwater protecting Rudee Inlet in Virginia Beach. 

2C.    SCOTT COUNTY PUBLIC SERVICE AUTHORITY, #06-0984
, requests authorization to install a submerged 8-inch diameter water line beneath Cove Creek to provide potable water to the Rye Cove High and Middle Schools in Scott County.  Recommend our standard in-stream construction conditions apply, as well as any necessary time-of-year restrictions and mussel surveys/relocations as recommended by DGIF.

2D.    NAVAL FACILITIES ENGINEERING COMMAND, #06-0122
, requests authorization to install a 150-foot long by 10-foot wide floating pier with four (4) 40-foot by 5-foot finger piers to provide mooring for U.S. Navy security forces adjacent to federal property along the Southern Branch of the Elizabeth River in Portsmouth.

2E.    VINCE BOWHERS, ET AL, #05-2652
, requests authorization to dredge approximately 2,878 cubic yards of State-owned submerged bottom to achieve maximum depths of minus three and a half (-3.5) feet mean low water to improve navigation for riparian properties located at 1000 and 1001 Briarwood Point along Hebden Cove in Virginia Beach.  All dredged material will be offloaded at the Laskin Marine facility at 944 Laskin Road and transported to the Higgerson Buchanan landfill in Chesapeake.  Recommends a royalty of $1295.10 for the dredging of 2,878 cubic yards at a rate of $0.45 per cubic yard.

2F.    VIRGINIA ELECTRIC & POWER COMPANY, #06-0180
, requests authorization to modify a previous permit for a coal vessel offloading facility on the Southern Branch of the Elizabeth River at the Chesapeake Energy Center in Chesapeake to widen the trestle from shore to the pier by two (2) feet from 20 to 22 feet in width.  Recommend approval with all terms and conditions of the original permit to remain in effect and an additional royalty of $1000.00 for the encroachment over an additional 500 square feet of State-owned subaqueous bottom at a rate of $2.00 per square foot.

2G.     ROSANN, LLC, #06-1105
, requests authorization to reconstruct the outer 30 feet of an existing, deteriorated, 410-foot long by 80-foot wide timber and concrete commercial pier, using concrete piles, caps and decking, and construct three (3) 24-foot wide access ramps from the adjacent upland at their facility along the Southern Branch of the Elizabeth River at 700 Rosemont Avenue in Chesapeake.  All of the new construction will be within the footprint of the existing facility, including an associated pile cluster fender system on the outboard side of the pier, with no additional channelward encroachment into the river.  Recommend approval with triple permit fees and consideration of an appropriate civil charge, pending expiration of the public interest review period. 

2H.    PURDUE FARMS, INC., #05-2483
, requests authorization to install and backfill a total of 272 linear feet of replacement timber bulkhead, aligned no more than three feet channelward of an existing deteriorated bulkhead, adjacent to their property situated along the West Yeocomico River in Westmoreland County.  Staff recommends a royalty in the amount of $2,960.00 for the filling of 592 square feet of State-owned subaqueous land at a rate of $5.00 per square foot.

2I.    EAST COAST TRANSPORT, INC. #01-1282
, requests authorization to modify a previously issued permit to excavate 2436 cubic yards of State-owned submerged lands with upland disposal to install three (3) 20-foot long by 10-feet wide by 13˝ foot deep, pre-cast, concrete vaults which will contain three (3) conventional raw water intake structures with maximum 1mm screens, a maximum intake velocity of 0.25 feet per second and associated riprap side slope stabilization.  The additional intake structures are intended to augment the previously permitted intake structure to insure that the 18.1 mgd withdrawal capacity is maintained.  No change in the water withdrawal volume or previously established Commission or Virginia Water Protection Permit conditions is requested.  Staff recommends approval of the modification with our standard instream construction conditions; an instream time-of-year restriction from March 15 to June 30 to protect spawning anadromous fish; the requirement to conduct and submit a mussel survey to Commission staff, encompassing the area 100 meters upstream to 400 meters downstream of the project site prior to instream construction which includes a strategy for relocating any identified threatened or endangered species in the project area; and should the survey reveal the presence of a threatened or endangered mussel species, an additional time of year restriction from April 15 to July 31 will be imposed; a dredge royalty of  $1,096.20 ($0.45 per cubic yard); and an encroachment royalty of $1,254 for the encroachment over 627 square feet of State-owned submerged lands at a rate of $2.00 per square foot.

2J.    PRESIDENTIAL GOLF PARTNERS, LLC, #06-1208
, requests authorization to construct six (6) 13-foot wide pedestrian/cart bridges spanning a total of 257 linear feet of Broad Run in Loudoun County at the Presidential Golf Club.  Staff recommends a royalty of $6649.50 for the encroachment over 4,433 square feet of State-owned bottom at a rate of $1.50 per square foot.

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