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Item No. 2M was withdrawn.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.
