The following are the agenda items from the Commission's regular meeting held
July 22, 2008 at Commission
headquarters. The Commission's actions are in bold.
** APPROVAL OF AGENDA. APPROVED UNANIMOUSLY, 8-0, WITH ASSOCIATE MEMBER JOHN MCCONAUGHA ABSENT FROM THIS COMMISSION MEETING.
1. MINUTES of previous meeting. THESE WERE APPROVED 6-0, WITH ASSOCIATE MEMBERS WAYNE MCLESKEY AND ED TANKARD ABSTAINING BECAUSE THEY WERE ABSENT FROM LAST MONTH'S COMMISSION MEETING.
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2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). THE SIX SO-CALLED PAGE TWO ITEMS (LISTED BELOW IN DETAIL) WERE APPROVED UNANIMOUSLY, 8-0, WITH A CORRECTION TO AGENDA ITEM 2A TO SET THE ROYALTY RATE OF $5.00 PER SQUARE FOOT.
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3. CONSENT AGENDA ITEMS. THE COMMISSION VOTED UNANIMOUSLY, 8-0, TO ENDORSE THE PAGE THREE SETTLEMENT AGREEMENTS (DELINEATED BELOW) AS PROPOSED BY STAFF IN THE CASES OF ARLINGTON COUNTY (#08-0987) AND LARRY SLIPOW (#05-2490).
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4. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. A CLOSED SESSION WAS NOT NECESSARY THIS MONTH.
5. COMPTON AND ASSOCIATES, #06-1000. Commission review, on appeal by the applicant, of the March 20, 2008, decision by the Suffolk Wetlands Board to deny the applicants' request for after-the-fact authorization to retain multiple previously installed floating piers and previously constructed pier and deck structures, as well as requesting after-the-fact authorization to retain an enclosed expansion of an existing restaurant at the applicants' marina/restaurant facility situated at the terminus of Ferry Road, along Bennetts Creek, a tributary to the Nansemond River. The applicant also requested and was denied authorization to install additional floating pier sections. Project deferred from the May 27, 2008, meeting. THE COMMISSION VOTED 8-0 TO UPHOLD THE DECISION OF THE SUFFOLK WETLANDS BOARD FINDING THAT THE RECORD REASONABLY SUPPORTED THE BOARD'S DECISION TO EXERT JURISDICTION OVER THE PROJECT BASED ON INDIRECT AND SECONDARY IMPACTS TO TIDAL WETLANDS, AND, FURTHERMORE, THAT THE APPLICANT'S SUBSTANTIAL RIGHTS HAD NOT BEEN UNREASONABLY PREJUDICED BY THAT DECISION.
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6. COMPTON AND ASSOCIATES, #06-1000, requests after-the-fact Commission authorization to retain multiple previously installed floating piers and previously constructed pier and deck structures, as well as after-the-fact authorization to retain an enclosed expansion of an existing restaurant at the applicants marina/restaurant facility situated at the terminus of Ferry Road, along Bennetts Creek, a tributary to the Nansemond River in the City of Suffolk. The applicant also requests authorization to install additional floating pier sections. The project is protested by a nearby landowner and oyster ground leaseholder. Project deferred from the May 27, 2008, meeting. THE COMMISSION VOTED 8-0 TO GRANT MR. COMPTON AFTER-THE-FACT AUTHORIZATION TO RETAIN THE ENCLOSED EXPANSION OF HIS EXISTING RESTAURANT, FINDING THAT THE WATER-DEPENDENCY OF THE ENCLOSED EATING AREA WAS LITTLE DIFFERENT THAN THE ENCLOSED SCREENED WAITING AREA THAT HAD BEEN PREVIOUSLY PERMITTED. THE COMMISSION ALSO GRANTED AFTER-THE-FACT AUTHORIZATION FOR RETENTION OF A PREVIOUSLY CONSTRUCTED FIXED PIER/MARGINAL WHARF THAT THE PRIOR OWNER HAD CONSTRUCTED ALONG THE BASIN SHORELINE.
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7. JACKSON CREEK HARBOUR CONDOMINIUMS, #08-0719, requests authorization to install uncovered boatlifts in four (4) existing slips at the condominium association's existing pier adjacent to their property situated along Jackson Creek off Oyster Shell Road in Middlesex County. The project is protested by an adjoining property owner. AFTER THE PROTESTANT WITHDREW HER PROTEST, THE COMMISSION VOTED 8-0 TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.
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8. GREGORY GARRETT, #07-1883, requests authorization to construct five Class III quarry stone breakwaters totaling 350 linear feet, place 2,910 cubic yards of beach nourishment material and install seven warning signs at his property situated along the Thorofore in York County. The project is protested by an adjoining property owner. THE COMMISSION VOTED 6-2, WITH ASSOCIATE MEMBERS SCHICK AND FOX AGAINST, TO APPROVE THE INSTALLATION OF THE QUARRY STONE BREAKWATERS AND WARNING SIGNS BUT TO DENY THE PLACEMENT OF THE SANDY BEACH NOURISHMENT MATERIAL, AS PER STAFF RECOMMENDATION.
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9. RICHARD CONKLIN, #05-0897, requests after-the fact authorization to retain two (2) additional finger piers, twelve (12) additional mooring piles and relocate two (2) boats slips on his existing community pier along Chincoteague Channel at "The Landings" in the Town of Chincoteague, Accomack County. Mr. Conklin also requests to retain one boat slip on the south side of the adjacent motel pier. This slip was to be removed prior to the completion of the community pier. THE COMMISSION VOTED 8-0 TO GRANT AFTER-THE-FACT AUTHORIZATION FOR THE RETENTION OF TWO ADDITIONAL FINGER PIERS AND TWELVE ADDITIONAL MOORING PILES AND THE RELOCATION OF THE TWO BOAT SLIPS ONTO THE EXISTING COMMUNITY PIER, BUT DENIED THE BOAT MOORING ON THE SOUTH SIDE OF THE "ANCHOR INN MOTEL MARINA" PIER AND DIRECTED REMOVAL OF THE MOORING PILE. IN LIEU OF ANY FURTHER ENFORCEMENT AS PROVIDED BY CODE, THE COMMISSION ALSO AGREED TO ACCEPT A CIVIL CHARGE IN THE AMOUNT OF $1,200.00 AND ASSESSED A TRIPLE PERMIT FEE OF $75.00.
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10. GEORGE H. MARSHALL AND GENE BROWN, II, OYSTER PLANTING GROUND APPLICATION, #2008-012. Applicant's request to lease approximately 11.90 acres of oyster planting ground within the James River adjacent to the Jail Island Clean Cull Area in the City of Newport News. The application is protested by an adjacent oyster ground leaseholder, Mr. John DeMaria. THE COMMISSION VOTED 8-0 TO GRANT THE LEASE AS APPLIED FOR AND SURVEYED.
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11. DISCUSSION: Establishing criteria for the definition of existing beds of submerged aquatic vegetation (SAV) and the delineation of areas where there is potential for submerged aquatic vegetation restoration, and specifying conditions for SAV protection in Regulation 4 VAC 20-335, pertaining to on-bottom shellfish aquaculture activities. THE COMMISSION VOTED 8-0 TO SET THIS MATTER FOR PUBLIC HEARING AT THEIR OCTOBER 28, 2008 MEETING, AND REQUESTED THAT STAFF CONDUCT AN INFORMATIONAL PUBLIC HEARING PRIOR TO THAT TO SOLICIT THE COMMENTS AND INPUT OF INTERESTED PARTIES.
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12. PUBLIC COMMENTS: LEE SMITH EXPRESSED CONCERN THAT THE WATERMAN'S WAY OF LIFE MAY BE DISAPPEARING AS A RESULT OF HIGH FUEL COSTS AND INCREASED REGULATION.
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13. PUBLIC HEARING: Proposed Regulation 4VAC20-1150, "Pertaining to Charter Boat and Head Boat Fisheries", to establish a control date of June 24, 2008. NO COMMENTS WERE HEARD AND THE CUT OFF DATE TO BE GRANDFATHERED UNDER FUTURE REGULATIONS WAS APPROVED UNANIMOUSLY, 7-0, WITH ASSOCIATE MEMBER MCLESKEY ABSENT FROM THE VOTE. CHARTER BOAT CAPTAINS HAVE COMPLAINED OF AN INEQUITY IN ACCESS TO MARYLAND'S FISHERIES.
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14. PUBLIC HEARING: Proposed Amendments to Regulation 4VAC 20-910, "Pertaining to Scup", to establish the 2008 commercial harvest quota of 2,887 pounds. NO ONE FROM THE PUBLIC COMMENTED AND THE COMMISSION APPROVED THE HARVEST QUOTA UNANIMOUSLY, 7-0, WITH ASSOCIATE MEMBER MCLESKEY ABSENT FROM THE VOTE.
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THE FOLLOWING SIX SO-CALLED PAGE ITEMS WERE APPROVED UNANIMOUSLY, 8-0:
2A. CSX TRANSPORTATION, #08-0929, requests authorization to install a 12' x 12' x 80' replacement concrete culvert, reline 352 linear feet of a second culvert with a 9' diameter steel plate metal pipe and install riprap splash aprons to maintain railroad culvert access across Jordans Branch at the CSX Acca Yard in Henrico County. Recommend approval based on a royalty of $4,800.00 for the encroachment of the culvert over 960 square feet of State-owned subaqueous land at a rate of $5.00 per square foot.
2B. HANOVER COUNTY DEPARTMENT OF PUBLIC UTILITIES, #08-0902, requests authorization to install a submerged sewer line beneath 30 linear feet of Oppossum Creek at two locations, 30 linear feet of Totopotomoy Creek at two locations and 15 linear feet of Strawhorn Creek at one location to provide sewer service to area residents in the Shady Grove Road area of Hanover County. Recommend approval with our standard instream permit conditions.
2C. VIRGINIA INSTITUTE OF MARINE SCIENCE, #08-0964, requests authorization to construct a concrete pier extending approximately 350 feet channelward of mean high water with a 16-foot, 3-inch wide by 23-foot long pumphouse located near the channelward end and a concrete caisson to house a water intake structure designed to provide raw seawater for the Seawater Research Laboratory adjacent to their property situated along the York River off Greate Road in Gloucester County. Upon completion of the new pier, the existing "Oyster Pier" and "Ferry Pier" are scheduled to be removed.
2D. NORFOLK SOUTHERN CORPORATION, #08-0573, requests authorization to install 391 linear feet of replacement steel sheet-pile bulkhead, to install new fender pile clusters on the channelward side of the proposed bulkhead, and to re-work an existing riprap drainage swale, adjacent to Piers L and N at Lamberts Point Docks situated along the Elizabeth River in the City of Norfolk.
2E. ROUTE 28 CORRIDOR IMPROVEMENTS LLC, #07-1576, requests authorization to modify their previously authorized permit to include additional impacts to 2,158 square feet of Horsepen Run as a result of the Route 28 Frying Pan Road interchange project in Fairfax County. Staff recommends a royalty in the amount of $2,158.00 for the encroachment over 2,158 square feet of State-owned subaqueous bottom.
2F. U.S. COAST GUARD, #08-0986, requests authorization to install a 4-foot by 30-foot aluminum gangway leading to an 8-foot by 80-foot concrete floating dock adjacent to the U.S. Coast Guard Station to provide docking facilities for response boats within the Naval Amphibious Base Little Creek, situated along Little Creek in Virginia Beach.
THE FOLLOWING TWO SO-CALLED PAGE THREE ITEMS WERE APPROVED UNANIMOUSLY, 8-0:
3A. ARLINGTON COUNTY DEPARTMENT OF PUBLIC WORKS, #08-0987, requests after-the-fact authorization for repairs to an exposed, existing 48-inch diameter sanitary sewer in Four Mile Run including encasing the pipe with concrete and riprap near the Glebe Road/Route 120 exit of I-395 in the City of Alexandria. After installation the streambed was returned to its original grade and conditions. The applicant has agreed to a civil charge in the amount of $600.00 and triple permit fees.
3B. LARRY SLIPOW, #05-2490, requests after-the-fact authorization for the installation of approximately 401 linear feet of riprap, the toe of which extends a maximum of 8 feet channelward of mean low water and the existing concrete bulkhead, adjacent to his property in the Birdneck Point subdivision, situated along Linkhorn Bay in Virginia Beach. The applicant has agreed to pay triple permit fees ($300.00) and a civil charge of $600.00. The agent, Waterfront Consulting, Inc., has also agreed to pay a $600.00 civil charge, and the contractor, Spence Marine Construction Inc., has agreed to pay a $1,200.00 civil charge for installing the revetment without Commission authorization.