The following are the agenda items from the
Commission's regular January meeting held
January 24, 2006 at Commission headquarters. The Commission's action is
in bold. Linked audio files are in the MP3 format and require
an installed player such as Windows Media Player or Real Player.
Individual MP3 files are relatively large and may take 1 to 10 minutes to
download dependent on your internet connection. Note also that the audio
links frequently begin with 10-30 seconds of the previous case; please be sure
to listen closely to be sure you are on the case you have an interest in.
1. MINUTES of previous meeting. The
Commission voted, 8-0, to approve the minutes as amended.
2. PERMITS
(Projects over $50,000 with no objections and with staff recommendation
for approval).
The Commission voted, 8-0, to approve items 2-A through 2-H
and voted, 7-0 to approve item 2-I with Mr. Robins not
voting.
3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING
BY COUNSEL. The Commission held a closed session to discuss
pending litigation and proposed settlement offers in two habitat
cases. [ Audio (contains items 1 through 3)]
4. BOY SCOUTS OF AMERICA, COLONIAL VIRGINIA COUNCIL,
#05-2049, requests authorization to construct a 6-foot by 930-foot
floating pier addition with six (6) wetslips to replace and extend an
existing open-pile pier to a total length of 1,133 feet channelward of
mean high water adjacent to their facility situated along McKans Bay on
the Rappahannock River in Middlesex County. Continued from December
meeting.
The Commission voted, 8-0, to approve the permit. [ Audio ]
5. M. SCOTT NIBLO, #05-2305. Commission review of the Norfolk
Wetland Board's December 14, 2005, decision to approve a permit to
install a riprap revetment within jurisdictional wetlands on his
property situated along the Lafayette River in Norfolk.
The Commission, after several motions, voted 4-2-1, with Mr.
Robins abstaining, to remand the case to the Norfolk Wetlands Board for
reconsideration. [ Audio ]
6. RONALD W. BOONE, #04-2187, requests
after-the-fact authorization to retain a second story 20-foot by
30-foot office, and authorization to increase the size of the
previously authorized gazebo to 15-foot by 15-foot and the two (2)
previously authorized shelters to 30-foot by 15-foot, all on the Ocean
View Fishing Pier adjacent to property situated along the Chesapeake
Bay in Norfolk.
The Commission voted, 8-0, to approve the after-the-fact
permit including a $10,000 civil charge in lieu of other enforcement
action. [ Audio ]
7. TANNER'S LANDING ASSOCIATES, LLC, #05-0480,
requests authorization to install a 363-foot long by 8-foot wide
open-pile community pier with 10 slips, six (6) with uncovered lifts,
and associated finger piers, and to dredge, using mechanical dredging,
825 cubic yards of State-owned submerged lands to achieve maximum
depths of minus five (-5) feet below mean low water within a 130-foot
by 210-foot basin, to serve a 27-unit condominium complex located
adjacent to the Granby Street Bridge situated along the Lafayette River
in Norfolk. The agent is objecting to the assessment of a royalty.
The Commission voted, 6-0, to approve the permit and assess
the appropriate royalties as recommended by staff. [ Audio ]
8. WATERS EDGE HOMES ASSOCIATION, #04-0854, requests
authorization to construct a 200-foot long by 6-foot wide open-pile
community pier adjacent to property situated along the Southwest Branch
of Back River in Hampton. Two nearby oyster ground leaseholders
protests the project.
The Commission voted, 6-0, to approve a prior in the length
up to the edge of the oyster ground leaseholder, but no less than 50
feet in length. [ Audio ]
9. PAUL EVANS, JR., #05-1411, requests
authorization to construct a 37-foot long by 17-foot wide private,
non-commercial, open-sided boathouse with associated 4-foot wide finger
piers at a previously authorized private pier adjacent to property
situated along the Western Branch of Wormley Creek in York County. An
adjacent property owner protests the project.
The Commission voted, 6-0, to approve the permit as
recommended by staff. [ Audio ]
10. RON HALL, #05-2244, requests authorization to
install two (2) offshore breakwaters, 75 feet and 55 feet in length,
spaced 55 feet apart, and extending an average of 60 feet channelward
of mean low water, and place approximately 1,800 cubic yards of
beach-quality nourishment behind the structures at his property
situated along his shoreline on the Rappahannock River near Mosquito
Point in Lancaster County. An adjacent property owner protests the
project.
The Commission voted, 6-0, to approve the permit as
recommended by staff. [ Audio ]
11. FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS &
ENVIRONMENTAL SERVICES, #02-2187, requests after-the-fact authorization
to modify a previously issued permit, to retain approximately 50 linear
feet of riprap stream bank stabilization along Pohick Creek, associated
with the Pohick Trunk Sewer line Improvements project in Fairfax
County.
The Commission voted, 6-0, to approve the permit as
recommended by staff. [ Audio ]
12. ANDREW G. BURY, #01-2196, requests
authorization to modify an existing permit to allow the construction of
a 24-foot by 40-foot enclosed boathouse at the channelward end of a
128-foot private pier in lieu of at the channelward end of a 95-foot
pier adjacent to his property situated along Urbanna Creek near Oakes
Landing in Middlesex County.
The Commission voted, 6-0, to approve the requested
modification with a relocation of the boathouse at the end of the
128-foot private pier. [ Audio ]
13. PUBLIC COMMENTS: The request by a
waterman for seed oyster movement will be discussed at the
Commission’s February
28th meeting.
14. PUBLIC HEARING: Request to make emergency
provisions for 2006 commercial black sea bass harvest quotas permanent
parts of Regulation 4 VAC 20-950-10 et seq.
The Commission voted, 5-0, to make the emergency provision
permanent.
15. PUBLIC HEARING: Request to make an emergency
provision of regulation 4 VAC 20-20-100 et seq. that exempts pound net
fishermen from the priority rights requirements necessary for license
renewal in 2006.
The Commission voted, 5-0, to make the emergency provision
permanent.
[ Audio (contains items 13, 14, and 15)]
16. PUBLIC HEARING: Consideration of proposals to
open areas to oyster harvest in the James River Seed Area and in lower
Rappahannock River.
The Commission voted, 6-1, not to open the new areas in the
James River and in the lower Rappahannock, while the season for market
size oysters in the James River was extended through February 28th. The
Commission also voted to hold a workshop within the next 90 days to
reexamine the Blue Ribbon Oyster Panel’s report of the early
1990s on oyster replenishment. [ Audio ]
17. PUBLIC HEARING: Consideration of a
proposal to establish a limited by-catch of American shad for the 2006
season. The Commission voted, 5-0, to establish the limited by-catch. [ Audio ]
18. BONNIE-LEIGH JONES: Request Commission review of the
licensing and compliance with special conditions of Mr. Ernest L.
George’s pound net at Windmill Point.
The item was deferred until the Commission’s
February 28th meeting.
19. VIRGINIA SEAFOOD COUNCIL: Request for public
hearing and review of their proposal to continue
aquaculture experiments with the non-native oyster, Crassostrea
ariakensis. The Commission voted, 5-0, to set a public
hearing for its February
28th meeting.
20. Update on status of the 2005 flounder fishery
and proposed regulations for the 2006 recreational flounder fishery.
Rob O’Reilly, Deputy Chief, Fisheries Management
made the report.
21. Report on status of the federal waters (EEZ,
3-200 mile ocean waters) closure for striped bass harvest.
Rob O’Reilly, Deputy Chief, Fisheries Management
made the report.
22. AMERICAN SHAD RESTORATION: Approval of
procurement procedures and public notice for the 2006 program.
The Commission voted, 5-0, to set the procurement procedures
and public notice for the American Shad Restoration program for 2006.
23. REQUEST FOR PUBLIC HEARING: To incorporate the
2006 Chesapeake Area striped bass harvest quotas into Regulation 4 VAC
200-252-20 et seq.
The Commission voted, 5-0, to set a public hearing for its
February 28th meeting.
[ Audio (contains items 19, 20, 21, 22, and 23)]
THE NEXT MEETING WILL BE HELD ON TUESDAY, FEBRUARY 28, 2006
PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval; Approved in Item 2)
2A. EAST TENNESSE NATURAL GAS LLC, #05-2367,
requests authorization to
install 30.48 miles of submerged and/or buried 20-inch diameter natural
gas
pipeline beneath 48 streams, ten of which are jurisdictional, to
facilitate
construction of the Jewell Ridge Lateral Project in Tazewell and Smyth
Counties.
Recommend approval contingent on our standard instream permit
conditions and the
following special permit conditions: (1) the Indian Creek crossing
shall be
completed utilizing the jack and bore crossing method; (2) all
remaining stream
crossings shall be completed in the dry utilizing the dam and pump or
dry flumed
crossing method (3) all temporary equipment bridges shall be designed
to sit
above bankfull stage and any center pile supports necessary shall be
installed
from the bank; and (4) updated mussel surveys and instream construction
time-of-year restrictions, as outlined by the Department of Game and
Inland
Fisheries in their January 10, 2006 letter to DEQ, shall be followed.
Additionally, recommend approval of an encroachment royalty of
$1,296.00 for the
encroachment of the line beneath 432 linear feet of State-owned
subaqueous land
at a rate of $3.00 per linear foot.
2B. CONSOL VIRGINIA COAL COMPANY, #05-2233,
requests authorization to
construct a diffuser outfall, consisting of a 24” stainless
steel header pipe,
four 8” diameter diffuser pipes and four concrete bollards,
to facilitate the
discharge of mine water (1500 – 3000 GPM) from its Buchanan
Mine into the
Levisa Fork approximately 2000’ downstream of the Town of
Grundy in Buchanan
County. Recommend inclusion of our standard instream permit conditions,
a March
15 through July 31 time of year restriction for instream work to
protect the
State Endangered variegate darter and a royalty of $500.00 for the
encroachment
of the diffuser over 250 square foot of State-owned subaqueous land at
a rate of
$2.00 per square foot.
2C. GLEBE HILL ASSOCIATES, INC., #04-2063,
requests a permit modification
to construct a 100-foot long by 30-foot wide clearspan bridge, in lieu
of the
previously permitted 90’ by 28’ structure, across
Crump Creek to facilitate
vehicular access to a proposed residential subdivision in Hanover
County.
Recommend an encroachment royalty of $100.00 for the additional
encroachment
over 50 square feet of State-owned submerged land at a rate of $2.00
per square
foot.
2D. RICHMOND DEPARTMENT OF PUBLIC UTILITIES,
#02-1288, requests a three
year extension of, and a modification to, their existing permit to
install a
36-inch water transmission main beneath 857 linear feet of the James
River in
the City of Richmond. The modification requests authorization to
perform
maintenance, as necessary, on the line. Recommend approval contingent
on a
February through June time-of-year instream work restriction to protect
anadromous fish species.
2E. COVE POINT CONDOMINIUMS, #05-2207,
requests authorization to remove
existing tending piers and boat lifts and install approximately 1,669
linear
feet of fiberglass bulkhead, varying from two feet to six feet
channelward of
mean low water and the failing bulkhead, situated along Little Neck
Creek in
Virginia Beach. The bulkhead will be backfilled with concrete to
provide
additional structural support and prevent further loss of fill material
from
under Cove Point Condominiums. Upon completion of the bulkhead, new
4-foot wide
by 32-foot long tending piers will be constructed and pre-existing boat
lifts
will be installed in their original slips. Recommend an annual royalty
in the
amount of $4,025.55 for the filling of 7,300 square feet of State-owned
submerged bottom at the rate of $3.00 per square foot ($21,900.00), and
the
additional encroachment over 12,237 square feet of State-owned
submerged bottom
at the rate of $1.50 per square foot ($18,355.50).
2F. HENRY COUNTY PUBLIC SERVICE AUTHORITY, #03-2332,
requests to revise
an existing permit to allow the construction of two (2) aerial, steel
encased,
PVC sewer lines above Blackberry Creek as part of the Northwest Henry
County
Sewer Improvement Project. The two crossings, specified as numbers 12
and 13,
will span a total of approximately 110 linear feet of State-owned
subaqueous
bottom and vary in height from 24 inches to 36 inches above ordinary
high water.
No instream work will be necessary for the construction of the aerial
crossings.
2G. TITAN AMERICA/ROANOKE CEMENT, #05-2491,
requests authorization to
maintenance dredge 4,615 cubic yards of material, and dredge an
additional 3,707
cubic yards of new material to increase maximum project depths from
–32 feet
to –37 feet at mean low water, and to install two (2) 27-pile
cluster mooring
dolphins at their commercial facility on the Southern Branch of the
Elizabeth
River in Chesapeake. All dredged material will be transported to and
disposed
within the Craney Island Rehandling Basin. Recommend approval with the
inclusion
of our standard dredging conditions (i.e a pre-dredge conference and a
certified
post-dredge bathymetric survey) and the assessment of a royalty in the
amount of
$1,668.15 for the new dredging at a rate of $0.45 per cubic yard, and
$314.00
for the encroachment over 157 square feet of state-bottom resulting
from the new
dolphin clusters at $2.00 per square foot.
2H. THURSTON PROPERTIES, LLC, #05-2563,
requests authorization to remove
the landward 172 feet of existing pier and slips and to construct a new
replacement pier with the same number of slips and in the same location
adjacent
to the permittees' marina facility situated along Urbanna Creek at the
end of
Watling Street in the Town of Urbanna. Staff recommends approval with
the
assessment of an annual royalty of $1,152.40 for the encroachment of
the pier
and slips on 11,524 square feet of State-owned submerged land at an
annual rate
of $0.10 per square foot. Should the Commission elect to approve the
conversion
of this public marina into a private dockominium at a future date, the
annual
royalty would need be recalculated.
2I. GILES COUNTY, #05-2859, requests
authorization to replace the
existing single-lane metal truss bridge carrying Route 724 over Wolf
Creek near
the Town of Narrows with a 25-foot wide, two-lane structure with one
in-stream
pier. This project was originally permitted under our Virginia General
Permit (VGP#1)
for VDOT activities, and has been taken over under VDOT's Local
Partnership
Funding Program to expedite construction. Recommend approval with our
standard
in-stream construction conditions.
