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The following are the agenda items from the Commission's regular meeting held October 31, 2006 at Commission headquarters. The Commission's actions are in bold.  

1. MINUTES of previous meeting. The Commission voted, 8-0, to approve the minutes.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). Item No. 2M was withdrawn. The Commission voted, 8-0, to approve items No. 2A-2M and 2P. (Item No. 2N was removed when the agenda was approved earlier in the meeting.) The Commission also voted, 7-0-1 (with Mr. Holland abstaining) to approve item No. 2 0. 

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. No Closed Meeting was held.  [ Audio Items 1-3 ]

4. TOM FORD, #06-1535, requests authorization to construct a 33-foot long by 14-foot wide open-sided roof structure over a single boat slip and continue the roof over a 12-foot by 12-foot portion of the existing private pier situated adjacent to his property along the South Branch of Onancock Creek in the Nancock Gardens area of Accomack County. The project is protested by an adjacent property owner and nearby neighbors. The Commission voted, 8-0, to approve the permit per staff recommendations.  [ Audio Item 4 ]

5. PERRY ROBERTS, #05-2053. Consideration of Mr. Roberts’ failure to satisfy the conditions of the Commission's March 28, 2006, decision to grant after-the-fact approval to retain a 6-foot wide by 60-foot long, private, non-commercial pier, 1,116.5 square feet of decking platforms and finger piers, two (2) boat slips, and two (2) jet-ski slips with lifts adjacent to his property situated along Aquia Creek in Stafford County. The Commission voted, 8-0, to require Mr. Roberts to satisfy the Commission’s earlier decision, which included remittance of a $1,800 civil charge, accurate revised project drawings and triple permit fees of $300. Failing to do so within 60 days would subject him to an order to remove the entire structure in excess of that authorized by statute (i.e. 400 square feet) per staff recommendation.   [ Audio Item 5 ]

6. DISCUSSION: Commission briefing regarding recent complaints concerning the “mooring” of house barges over State-owned submerged land. The Commission heard a briefing by Chip Neikirk, Environmental Engineer, on house boats/barges which had been brought to the staff’s attention. The consensus of the Commission was for the habitat management staff to initiate a study of the issue through the Habitat Management Advisory Committee and to include in the work various other persons and agencies needed for a broad-based undertaking. A status report on the direction of the study will be made at the Commission’s Jan. 23rd meeting.   [ Audio Item 6 ]

7. PUBLIC COMMENTS: Several watermen and one processor discussed problems involving the 2006-07 oyster season, requesting that an area of the lower Rappahannock River below the Norris Bridge be opened for oyster harvest along with two areas off the Potomac River, while the Nomini Creek be closed to further harvest. The Commission voted, 8-0, to schedule a public hearing on the proposals with parameters broad enough to develop potential compromise positions.  [ Audio Item 7 ]

8. PUBLIC HEARING: ASMFC requirement to revise the Winter II commercial possession limit for scup. The Commission voted, 6-0, to approve the revised limit.    [ Audio Item 8 ]

9. REPORT ON FINDINGS OF THE CRAB MANAGEMENT ADVISORY COMMITTEE. Jack Travelstead briefed the Commission on several elements of crab management currently being studied, but said the staff was not prepared at this time to ask for a public hearing, which he indicated would come later, well before the beginning of the 2007 crab season.  
[ Audio Item 9 ]

10. REPORT ON FINDINGS OF THE STRIPED BASS SPECIAL COMMITTEE. The Commission voted, 8-0, to put the issue to public hearing at the Nov. 28th meeting.  
[ Audio Item 10 ]

11. COMMISSION CONSIDERATION of Draft Deed and Draft Resolution for Conveyance authorized by Chapter 201 Acts of Assembly 2006.  This was removed at staff’s request. 
 [ Audio Items 11 and 12 ]

12. Request by Pound Netters for a 2007 exemption. The Commission voted, 8-0, to put the issue to public hearing at the Nov. 28th meeting.

The Commission decided to hold its November on the regularly scheduled date (Nov. 28th), while the December meeting date was moved a week earlier to Dec. 19th.

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

2A. SPOTSYLVANIA COUNTY DEPARTMENT OF PUBLIC UTILITIES, #06-0427, requests authorization to install a total of approximately 309 linear feet of sewer line, crossing a minimum of three feet under Massaponax Creek at 13 separate locations, and to stabilize the stream crossings with a total of approximately 6,580 square feet of riprap, associated with the Massaponax Sewer Interceptor Replacement - Stage II project in Spotsylvania County. Recommend approval with standard in-stream conditions.

2B. MARINE CORPS BASE QUANTICO, #06-0753, requests authorization to replace an existing bridge, suspended utility lines, a failing concrete retaining wall/bulkhead, and mortar bag bank stabilization by constructing a new 35-foot wide steel plate girder bridge with concrete deck, crossing over approximately 140 linear feet of Chopawamsic Creek; reinstalling water, sanitary, electrical, and communication utility lines and conduits suspended from the bridge; installing and backfilling an approximately 35 linear foot sheet pile retaining wall/bulkhead around the upstream corner of the north bridge abutment; and installing approximately 48 linear feet of riprap bank stabilization along the south bridge abutment's embankment, adjacent to Quantico Marine Corps Base in Stafford County. 

2C. FAIRVIEW BEACH LLC, #06-1440, requests authorization to install four (4) low-profile, stone groins extending a maximum of 61 feet channelward of mean low water, to extend an existing stone groin by 25 feet in length to approximately 52 feet channelward of mean low water, to lengthen an existing, 65-foot long, stone breakwater on both ends to a new total length of 160 linear feet, and to artificially nourish the proposed groins and breakwater, within 14 days of their completion, with 1,350 cubic yards of clean, beach-quality sand, adjacent to Fairview Beach (Riverside Park) situated along the north side of Fairview Drive between Second and Sixth Streets on the Potomac River in King George County.

2D. PRINCE WILLIAM COUNTY DEPARTMENT OF PUBLIC WORKS, #06-1478, requests authorization to replace an existing two-lane bridge with a new, 95-foot wide, four-lane bridge crossing over 69 linear feet of Broad Run on Linton Hall Road (Route 619) in Prince William County.

2E. ATLANTIC ENERGY, #06-1905, requests authorization to maintenance dredge up to 23,000 cubic yards of subaqueous material per cycle to restore depths of minus 37 (-37) feet at mean low water at their propane gas unloading facility at the confluence of St. Julian Creek and the Southern Branch of the Elizabeth River in Chesapeake. All dredged material will be transported to and disposed of within the Craney Island Rehandling Basin in Portsmouth. Recommend a 5-year permit with the requirement for a post-dredge bathymetric survey being submitted for staff review after each dredging cycle, in accordance with previous permit conditions for this location. 

2F. GLENN P. BEANE, #06-1956, requests authorization to construct three (3) 150-foot long by 20-foot wide (base width) quarry stone breakwaters, spaced 112 feet apart and located a maximum of 120 feet channelward of mean water, and nourish behind the structures with 5,240 cubic yards of sandy bank material, adjacent to four (4) lots along the Rappahannock River at the end of Belmont Creek Road in Lancaster County. Recommend approval with the requirement for a turbidity curtain around the work area during bank grading and breakwater construction, and the submittal of a detailed beach vegetation-planting schedule and monitoring plan in the nourished area. We also recommend a royalty in the amount of $1,768.50 for the placement of beach-quality sand over 35,370 square feet of State-owned subaqueous bottom at a rate of $0.05 per square foot.

2G. NORTH AMERICAN PROPERTIES, #06-1987, requests authorization to construct a 20’ long by 54’ wide temporary work bridge across Sandy Creek to facilitate construction of the Coleman Street Marketplace in the City of Danville. Recommend approval contingent on the removal of the temporary work bridge upon completion of construction activities and an encroachment royalty of $700.00 for the encroachment of the bridge over 700 square feet of State-owned subaqueous land at a rate of $1.00 per square foot.

2H. TAZEWELL COUNTY PUBLIC SERVICE AUTHORITY, #04-2798, requests a modification to their previously issued permit to install a submerged sewer line beneath approximately 150 linear feet of the Bluestone River at one additional location, beneath U.S. Route 19/460, to provide sewer service to area residents in Tazewell County. Recommend approval with our standard instream permit conditions and an instream work time-of –year restriction of December 1 - June 15 and August 15 - September 30 to minimize impacts upon trout species and the Tennessee heelsplitters. Additionally, the results of an updated mussel survey and relocation must be submitted to DGIF for review and approval 30 days prior to construction.

2I. WARD OYSTER CO., #05-2241, requests authorization to modify the location and dimensions of two of their previously approved locations in which to deploy 4-foot by 4-foot by 2-foot high buoyed aquaculture cages on a portion of their leased oyster ground located in the Ware River in Gloucester County. The sites proposed to be modified were previously identified as Sites 4 and 5 and are located downstream (east) of Jarvis Point. The proposed modifications reduce the size of Site 5 by eliminating an area measuring approximately 50 feet wide by 800 feet long (40,000 square feet) on the east side the area. Site 4 is proposed to be increased in size by approximately 40,000 square feet and relocated between 150 feet and 500 feet to the west (closer to the submerged Jarvis Point). The net combined size of the two areas is not proposed to be increased and no additional cages are requested to be deployed within the sites. The modification is being sought so that more of the authorized area includes waters with the required depth range of between minus four (-4) feet and minus six (-6) feet at mean low water.

2J. NAVAL FACILITIES ENGINEERING COMMAND, #06-0508, requests authorization to install and backfill 812 linear feet of bulkhead a maximum of 12 feet channelward of an existing deteriorated bulkhead adjacent to property situated along the Elizabeth River in Portsmouth.

2K. YORK COUNTY, #05-2531, requests authorization to install a 40-foot by 6-foot aluminum ramp and a 65-foot by 13-foot floating dock for canoe and kayak launching at the public ramp situated along Wormley Creek in York County.

2L. NORFOLK DEPARTMENT OF UTILITIES, #06-1560, requests authorization to install two (2), elevated, parallel, 36-inch welded-steel, raw water pipelines, extending up to 100 feet channelward of mean low water in the Western Branch, Nansemond River, along an existing right-of-way in the Reids Ferry area of the City of Suffolk.

2M. 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 on-site, loaded into sealed dump trucks, and transported to an approved upland disposal site. Recommend a royalty of $1295.10 for the dredging of 2,878 cubic yards at a rate of $0.45 per cubic yard.

2N. CHINCOTEAGUE LANDMARK, L.L.C., #05-2660, requests authorization to construct and backfill 30 linear feet of new bulkhead; 568 linear feet of replacement bulkhead, aligned a maximum of two (2) feet channelward of a deteriorating bulkhead; dredge 1,786 cubic yards of subaqueous bottom; install one (1) 110-foot by 6-foot pier and fourteen (14) finger piers with mooring pilings creating 26 wetslips along Chincoteague Channel adjacent to the Landmark Crab House Restaurant in the Town of Chincoteague. The proposed project will replace the existing Landmark Crab House Restaurant and the Shucking House Restaurant. The boat slips will be for the exclusive use of the owners or tenants of the 26 condominium units. All dredge material will be transported to an approved upland disposal site. Recommend a royalty of $803.70 for the dredging of 1,786 cubic yards at a rate of $0.45 per cubic yard; a royalty of $1,700.00 for the filling of 570 square feet at a rate of $3.00 per square foot and a royalty of $25,470.00 for the encroachment over 16,980 square feet of State-owned subaqueous bottom at a rate of $1.50 per square foot.

2O. BAYMARK CONSTRUCTION CORPORATION, #05-2610, requests authorization to modify their pending authorized permit to construct a 1,375-foot long by 10-foot wide open-pile fishing pier with a 116-foot long by 30-foot wide modified T-head 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 modification is to change the material for the fishing pier from concrete to timber and to place the wooden support piles on 15-foot centers. The pier will be rated fro 15 tons with the wooden piles driven to a minimum of 15 feet below grade and all hardware will be upgraded to stainless steel in an effort to overcome hurricane storm surges. All other conditions shall remain consistent with the terms and conditions authorized by the Commission at their June 27, 2006, meeting.

2P. COLUMBIA GAS TRANSMISSION CORPORATION, #06-1664, requests authorization to replace or repair existing gas pipeline segments along a 15-mile section of Line VB and a 69-mile section of Line VB Loop, possibly requiring the excavation, exposure, and replacement of the pipeline along numerous stream crossings in Shenandoah and Warren Counties.

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