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COMMISSION ACTIONS JUNE 2007

The following are the agenda items from the Commission's regular meeting held June 26, 2007 at Commission headquarters. The Commission's actions are in bold.

1. MINUTES of previous meeting.    
APPROVED UNANIMOUSLY
[ Audio Item 1 ]

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval.)
ALL WERE APPROVED UNANIMOUSLY.
[ Audio Item 2 ]

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL
THE COMMISSION DISCUSSED ONGOING LITIGATION IN THE CASE OF JEWETT V. MRC, AND RECEIVED LEGAL GUIDANCE ON ITEM #4, VIRGINIA TIMBERLINE LLC, AS PERMITTED BY APPLICABLE STATE LAW.
[ Audio Item 3 ]

4. VIRGINIA TIMBERLINE, LLC, continuation of the hearing concerning violation of the Code of Virginia 28.2-1203, more specifically, the disturbance and alteration to subaqueous lands of the State of Virginia within several tidal tributaries of Lawnes Creek in Isle of Wight County without prior authorization. Notice of Violation #06-17, continued from the May 22, 2007 meeting.
AFTER A PRESENTATION FROM TIMBERLINE'S LOCAL ATTORNEY, THE BOARD UNANIMOUSLY AGREED TO ACCEPT A $100,000 CIVIL CHARGE FOR THE VIOLATION IN LIEU OF FURTHER ENFORCEMENT ACTIONS AS PERMITTED BY CODE. SEVERAL BOARD MEMBERS INDICATED THEY INTENDED TO SEND A MESSAGE THAT THE FINANCIAL PENALTY FOR SUCH VIOLATIONS WILL NOT BE CONSIDERED BY POTENTIAL FUTURE VIOLATORS AS "THE COST OF DOING BUSINESS." THE CHARGE WAS THE LARGEST ACCEPTED BY VMRC SINCE THE CIVIL CHARGE AUTHORITY WAS ADDED TO THE CODE IN 1990 (CH 811 ACTS 90). TIMBERLINE'S CORPORATE COUNSEL AGREED TO THE CIVIL CHARGE.
[ Audio Item 4 ]

5. H & H ENTERPRISES, INC., #06-1910, requests Commission reconsideration of the royalty assessment associated with the December 8, 2006, approval of a permit for dredging and commercial pier construction adjacent to their property situated along the Western Branch of the Elizabeth River in Portsmouth. A royalty in the amount of $39,450.00 was assessed for the encroachment of the bold outline of the pier over 19,725 square feet of State-owned subaqueous land, at a rate of $2.00 per square foot based on input from the permittee. The dredging royalty was waived since the former property owner, Virginia Boat and Yacht, obtained a permit to dredge this same area (VMRC #98-0776), paid the royalty, but never performed the dredging. The applicant is requesting Commission reconsideration and a waiver of the assessed royalty, claiming an exemption pursuant to Section 28.2-1206(B) of the Code of Virginia.
CONTINUED UNTIL THE COMMISSION'S JULY 24, 2007 MEETING AT THE REQUEST OF THE APPLICANT, MR. HODGES.
[ Audio Item 5 ]

6. H. ALEXANDER WILSON, III, #07-0384, requests authorization to construct an 18-foot by 36-foot open-sided boathouse near the channelward end of a 125-foot long private noncommercial pier adjacent to his property situated along Billups Creek off Fitchets Wharf Road in Mathews County. The project is protested by an adjoining property owner.
APPROVED IN ACCORDANCE WITH STAFF RECOMMENDATION UNANIMOUSLY.
[ Audio Item 6 ]

7. MR. & MRS. JOSEPH LITTLETON, III, #06-2204, requests authorization to construct a 20-foot wide by 35-foot long, single-slip, open-sided boathouse onto an existing, private, non-commercial pier, adjacent to their property situated along the Potomac River in Stafford County. The project is protested by an adjacent property owner.
APPROVED IN ACCORDANCE WITH STAFF RECOMMENDATION UNANIMOUSLY.
[ Audio Item 7 ]

8. RICHARD J. CANTWELL, #06-2892, requests authorization to change the use of his existing 156-foot long by 5-foot wide pier from private to commercial to accommodate his shellfish business. Mr. Cantwell also requests authorization to install two 4-foot by 10-foot upwellers with intake and outfall pipes; one 2-foot by 10-foot oyster grader and to moor his two workboats to the open-pile pier situated adjacent to his property along Warehouse Creek at 7264 Otter Road in the Bayford area of Northampton County. The project is protested by several nearby property owners.
APPROVED IN ACCORDANCE WITH STAFF RECOMMENDATION ON A 5-4 VOTE.
[ Audio Item 8 ]

9. RICHARD KEATING, #05-2587, requests authorization to increase the height of his existing low profile bulkhead an additional two (2) feet, and to backfill 310 square feet of State-owned subaqueous bottom, landward of the bulkhead situated along Chincoteague Bay adjacent to lots 1456 and 1457 in the Captains Cove subdivision of Accomack County.
DENIED IN ACCORDANCE WITH STAFF RECOMMENDATION UNANIMOUSLY.
[ Audio Item 9 ]

10. PRESENTATION by staff on how mean low water is calculated and surveyed.
NO BOARD ACTION TAKEN.
[ Audio Item 10 ]

11. COMMENTS
POQUOSON RESIDENT MIKE JEWETT SPOKE TO OBJECT TO CONTINUED VMRC ENFORCEMENT ACTION TAKEN IN COURT AGAINST HIM, AND ASKED THAT HE BE ALLOWED TO PRESENT HIS COMPLAINTS AGAINST STAFF TO COMMISSION CHAIRMAN BOWMAN. COMMISSIONER BOWMAN INFORMED MR. JEWETT THAT HIS CASE WAS DISCUSSED DURING THE CLOSED PORTION OF THIS MONTHLY MEETING AND THAT THE BOARD DECIDED TO HAVE AGENCY'S STAFF ATTORNEY MEET WITH MR. JEWETT IN ANOTHER EFFORT TO CONVINCE HIM TO COMPLY WITH THE COMMISSION'S JANUARY 25, 2007 ORDER, AND THE COURT'S DECISION ON APPEAL TO UPHOLD THAT ORDER.
[ Audio Item 11 ]

12. PUBLIC HEARING: Proposed technical amendments to regulation 4 VAC20-1120, "Pertaining to Tilefish and Groupers" to correct the scientific names of species listed in the regulation.
THESE TECHNICAL AMENDMENTS WERE APPROVED UNANIMOUSLY.
[ Audio Item 12 ]

13. REPORT OF THE FINFISH MANAGEMENT ADVISORY COMMITTEE, regarding restrictions on the use of gill nets within the Hampton Roads Management Area and the Black Drum Special Management Area.
DEPUTY FISHERIES CHIEF ROB O'REILLY TOLD THE BOARD THAT THIS ADVISORY COMMITTEE MET AND CORDIALLY DISCUSSED THE POSSIBILITY OF OPENING UP PORTIONS OF SOME OF THE BAY WATERWAYS TO GILL NET FISHING IN SUMMER MONTHS, BUT THE MATTER REQUIRES MORE DISCUSSION AND INPUT FROM VIMS AND MORE FROM FMAC. A PROGRESS REPORT CAN BE EXPECTED IN AUGUST.
[ Audio Item 13 ]

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

2A. FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS AND ENVIRONMENTAL SERVICES, #07-0368, requests authorization to install 175 linear feet of gabion baskets to provide stream bank stabilization to Pimmit Run in Falls Church in Fairfax County.

2B. SCENIC RIVER GOLF, LLC, #07-0613, requests authorization to construct a 48-foot long by 36-foot wide temporary road crossing consisting of four culvert pipes impacting 1,728 square feet of Tuscarora Creek adjacent to the Goose Creek Golf Course in Loudoun County. Staff recommends a royalty of $1,728.00 for the encroachment over State-owned submerged bottom at a rate of $1.00 per square foot.

2C. DEPARTMENT OF THE NAVY, #03-1659, requests authorization to modify their previously authorized permit to include the installation of a 300-foot long by 3-foot wide steel sheetpile breakwater located at the entrance to the cove area at Pier 5 adjacent to property situated along the Elizabeth River in Norfolk.

2D. HAMPTON ROADS TRANSIT, #06-0441, requests authorization for impacts to 8,354 square feet of Smith Creek, Holt Channel, Ohio Creek, Moseley Creek, Broad Creek, and Mill Creek consisting of installation of bridge piers, bridge crossings, timber fender expansion, installation of 30-inch utility pipe, fill and culverts for the Vehicle Storage and Maintenance Facility, temporary work platforms, and storm drain outlets as a result of the construction of the Norfolk Light Rail in Norfolk.

2E. HIGGERSON-BUCHANAN, INC., #06-2845, requests authorization to dredge 13,700 cubic yards of State-owned subaqueous bottom to create a 550-foot long by 130 foot wide (maximum) barge unloading berth with maximum depths of minus 14 (-14) feet at mean low water, and install one (1) seven-pile cluster dolphin at the confluence of Mains Creek and the Southern Branch of the Elizabeth River, located adjacent to their commercial property at 5300 Bainbridge Boulevard in Chesapeake. The dredged material will be removed mechanically and disposed of in their adjacent upland property. Recommend approval with a royalty in the amount of $8,220 for the new dredging of State bottom at a rate of $0.60 per cubic yard and $200.00 for the encroachment of the dolphin over 100 square feet of State bottom at a rate of $2.00 per square foot.

2F. LINDA ABSALOM, #07-0182, requests authorization to install approximately 586 linear feet of riprap, the toe of which may extend a maximum of 10 feet channelward of the existing bulkhead and mean low water, for shoreline protection adjacent to 1501 Quail Point Road in the Linkhorn Point subdivision situated along Linkhorn Bay in Virginia Beach.

2G. RON QUARTEL, #06-2606, requests authorization to construct two (2) 25-foot by 100-foot riprap breakwaters and one (1) 25-foot by 150-foot breakwater with 800 cubic yards of sandy material placed landward of the breakwaters, as beach nourishment, and to install two osprey nesting platforms on existing pilings adjacent to his property situated along Milford Haven at 1071 Gum Thicket Road in Mathews County. Staff recommends approval with the assessment of a royalty in the amount of $550.00 for the encroachment of the beach nourishment fill on 11,000 square feet of State-owned submerged land at a rate of $0.05 per square foot.

2H. CITY OF BUENA VISTA, #07-0337, requests authorization to replace an existing bridge with a 48-foot wide by 34-foot long clear span bridge, crossing over 16 linear feet of Chalk Mine Run, and to install approximately 100 linear feet of riprap stream bank stabilization on the upstream side of the bridge, along Rockbridge Avenue in the City of Buena Vista.

2I. MEADWESTVACO CORPORATION, #07-0395, requests authorization to install approximately 285 linear feet of riprap scour protection along the upstream and downstream toe of an existing low-water bridge, along the Jackson River at their facility in Allegheny County.

2J. TIMOTHY McCULLOCH, ET AL, #04-1598, requests a permit modification to extend a 120-foot long timber jetty an additional 30 linear feet at his property situated along The Thorofare in York County. Recommend approval and an encroachment royalty of $30.00 for the encroachment of the jetty over an additional 60 square feet of State-owned subaqueous land at a rate of $0.50 per square foot.

2K. HENRICO COUNTY DEPARTMENT OF UTILITIES, #07-0854, requests authorization to install a submerged water line and sewer force main, by directional bore method, beneath 25 linear feet of White Oak Swamp Creek to provide increased public utility service to eastern Henrico County.


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