The following are the agenda items from the Commission's regular meeting held November 22, 2005 at Commission headquarters. The Commission's action is in bold.
1. MINUTES of previous meeting. The Commission voted, 6-0, to approve the minutes.
2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 8-0, to approve the permits with the inclusion of the last-minute Cox Cable permit application.
3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.
4. JOHN B. LAPETINA, JR., #05-0663. Commission review of the Norfolk Wetland Board's October 12, 2005, decision to approve a permit to install a swimming pool within a coastal primary sand dune situated along the Chesapeake Bay in Norfolk. The Commission voted, 5-2, to uphold the Norfolk Wetland Board's decision.
5. ALICE SIEGEL, #01-0055. Commission consideration of a 39-foot by 43-foot private, non-commercial enclosed boathouse constructed in non-compliance (Sworn Complaint #02-16) with its VMRC permit at property situated along the Pamunkey River in King William County. The Commission decided to defer action until its Dec. 20th meeting and asked staff and Mrs. Siegel to make one final attempt to resolve the matter.
6. OLD POINT COMFORT, #05-0590, requests authorization to construct a 30 slip pier facility with four (4) uncovered boatlifts, a 13-foot by 5-foot floating dock to accommodate five (5) personal watercraft, and a 53-foot by 72-foot covered pavilion with restrooms, a covered open-air area, an uncovered open-air area, and a pump-out surrounded by associated floating piers, and a 177-foot long by 1-foot wide floating walkway, and to install 309 linear feet of steel sheet bulkhead aligned no greater than two (2) feet channelward of an existing deteriorated bulkhead, and dredge 1,090 cubic yards of State-owned submerged lands to achieve maximum depths of minus six (-6) feet below mean low water within an approximately 200-foot by 95-foot area adjacent to their property situated along the Hampton River in Hampton. The facility is designed to serve 30 condominium units on the adjacent upland. The Commission voted, 5-3, to approve the permit with the elimination of the pavilion and a reduced size of the platform. The staff will determine the size after they meet with the applicant.
7. HURLEY LLC, #04-1649, requests authorization to construct 1,175 linear feet of 5-foot wide open-pile pier with finger piers and mooring piles to create 59 additional wetslips adjacent to the Grey's Point Campground situated along Meachim Creek in Middlesex County. Several property owners along Meachim Creek protest the project. The Commission voted, 8-0, to approve the permit as per a revised staff recommendation.
8. PORPOISE COVE MARINA, #02-1354, requests authorization to maintenance dredge 5,080 cubic yards of subaqueous material to obtain maximum depths of minus six (-6) feet at mean low water and to construct 145 linear feet of timber bulkhead, a 240-foot long boathouse containing 18 wetslips and to remove an existing pier and construct a new 175-foot long pier containing 10 wetslips in conjunction with the renovation of the Porpoise Cove Marina situated along the Piankatank River in Middlesex County. Several nearby property owners protest the project. The Commission voted, 8-0, to approve the permit as per staff recommendation.
9. TONI S. SLOAN, #05-1639, requests after-the-fact authorization to retain a 57-foot long by 12-foot wide private, pre-cast concrete boat ramp, which extends approximately 13-feet channelward of mean low water, adjacent to her property along the Rappahannock River at the end of Beach Road near White Stone in Lancaster County. The Commission voted, 8-0, to continue this item until its December 20th meeting.
10. KINDER MORGAN BULK TERMINALS, INC., #05-2232, requests authorization to construct a 90-foot by 220-foot long extension to Pier IX, and a new 57-foot by 1,200-foot long concrete pier (Pier X) as well as dredge approximately 540,000 cubic yards of subaqueous bottom material to create maximum depths of -52 feet below mean low water as part of a proposed expansion of their marine coal terminal situated along the James River in Newport News. The adjacent downstream property owner protests the project. The Commission voted, 8-0, to defer action on the pier until its Dec. 20th meeting, while voting 8-0, to approve the dredging portion of the permit.
11. DOMINION VIRGINIA POWER EASEMENT AND RIGHT-OF-WAY AGREEMENT. Commission consideration of a resolution between the Commonwealth of Virginia, acting by and through the Chairman of the Marine Resources Commission, and Virginia Electric and Power Company, pursuant to Chapter 483, Acts of Assembly, 2004, conveying an easement over a portion of the Elizabeth River as described in a proposed agreement and accompanying plat. The Commission voted, 8-0, to approve the resolution.
12. PUBLIC HEARING: Consideration of a revised Rent and Royalty Schedule for the use of State-owned submerged lands. The Commission voted, 7-0, to approve the new schedule as per staff recommendation.
13. SPECIAL PRESENTATIONS: Three law enforcement personnel were recognized with special awards: Marine Police Officers John E. Croft and James H. Simpson, Jr. were recognized by NOAA law enforcement for their efforts during a recent undercover operation, while James H. Simpson, Jr. and Paul D. Newman were given distinguished service certificates upon their retirement.
14. PUBLIC COMMENTS: Roy Insley, former Commission member and staff official, now representing the Virginia Watermen's Association, asked for a public hearing to remove the requirement that when a crabber transfers his license, his boat also must be sold. The Commission voted, 7-0, to set the matter for a public hearing at its Dec. 20th meeting. James Hatcher, representing the United Fishermen's Association, asked the Commission to consider making changes in the trip limit requirements for flounder in order to conserve fuel and said there should be no changes in the total landing limits. The Fisheries Management Division will study the issue and report to the Commission at its Dec. 20th meeting.
15. PUBLIC HEARING: Consideration of proposed amendments to Regulation 4VAC20-490, "Pertaining to Sharks" establishing commercial and recreational fishing limitations and limiting access to the commercial shark fishery. The Commission voted, 8-0, to approve the amendments.
16. SCUP: Request for emergency action to reduce the Winter II period commercial trip limit to 3,000 pound. The Commission voted, 8-0, to approve the emergency resolution. It will consider making the action permanent at its Dec. 20th meeting.
17. DOUGLAS F. JENKINS, SR. (President of Twin Rivers Watermen's Association): Request for a change in the oyster plan. The Commission voted, 8-0, to approve an emergency regulation opening the Coan, Nomini, and Yeocomico Rivers (Potomac River tributaries) to hand scraping for oysters.
18. RECOMMENDATIONS FROM THE RECREATIONAL FISHING ADVISORY BOARD. The Commission voted, 7-0, to approve the RFAB recommendations along with the previously tabled sheepshead project.
19. REQUESTS FOR PUBLIC HEARING:
a. Ed Bender requests amendment of Regulation 4VAC20-20, "Pertaining to the Licensing of Fixed Fishing Devices" to allow certain exceptions to the requirements to maintain a priority right to a net's location. The Commission voted, 7-0, to approve an emergency resolution. It will consider making the action permanent at its Dec. 20th meeting.
b. Vernon Rolley requests amendment of Regulation 4VAC20-900, to improve access to horseshoe crabs for bait in the whelk fishery. The Commission voted, 7-0, to hold a public hearing at its Dec. 20th meeting.
20: DISCUSSION OF ARIAKENSIS OYSTER ISSUE: The Commissioner asked for a clarification on the motion adopted by the Commission at its October meeting. The Commission said motion did not directly support the Virginia Seafood Council's requested project, but rather asked that all alternatives be considered and evaluated.
THE DECEMBER MEETING WILL BE HELD ONE WEEK EARLIER ON TUESDAY, DECEMBER 20, 2005
PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval; Approved in Item 2)
2A. SANDERS YACHT YARD, #04-2767, requests authorization to dredge 3, 400
cubic yards of State-owned subaqueous bottom material from Carter Creek, by
clamshell bucket with contained upland disposal, to obtain maximum depths of
minus six (-6) feet at mean low water for the previously authorized Sanders
Yacht Yard and Crockett's Landing Marina facilities in Irvington. Recommend
approval with the requirement for a staked, 20-foot buffer channelward of mean
low water, a pre-dredge conference and post-dredge bathymetric survey, and a
royalty in the amount of $1,530.00 for the removal of the material at a rate of
$0.45 per cubic yard.
2B. CITY OF RADFORD, #05-2098, requests authorization to cross Plum Creek, a tributary to the New River, in four (4) locations with force main and interceptor pipelines associated with the proposed Gibsondale Sewer Project on the east side of the City of Radford near State Route 11. The pipelines will be protected by steel encasement pipe and will be buried a minimum of two (2) feet below the natural creek bed. Recommend approval with the inclusion of our standard instream permit conditions.
2C. DANVILLE DIVISION OF POWER & LIGHT, #05-1708, requests authorization to attach two (2) 12 kV power lines below the Main Street Bridge in Danville, spanning approximately 500 feet of ordinary high water within the Dan River. This installation will serve to replace the lines being removed with the demolition of the Worsham Street Bridge.
2D. FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS & ENVIRONMENTAL SERVICES, #05-1752, requests authorization to replace a 12-inch diameter, steel encased, sanitary sewerline, crossing beneath approximately 745 linear feet of Little Hunting Creek in Fairfax County. The sewerline replacement will be along the same line and grade as the existing sewerline. Recommend approval with standard in-stream conditions and a time-of-year restriction which precludes construction activities between February 15 to June 30 to protect anadromous fish.
2E. HENRICO COUNTY DEPARTMENT OF PUBLIC WORKS, #05-2131, requests authorization to install a submerged 48-inch diameter sewer force main beneath Four Mile Creek one-half mile east of the US RT 5/I-295 interchange in Henrico County. Recommend our standard instream permit conditions.
2F. FREDERICK JONES, ET AL, #05-0726, requests authorization to install a single piling to support an osprey-nesting platform approximately 100 feet channelward of the Permittees' property situated along the Piankatank River near Cherry Point on Gwynn's Island in Mathews County. The piling will encroach on "Additional Public Ground."
2G. Cox Cable.
NEXT MEETING: December 20, 2005