The following are the agenda items from the Commission's regular February meeting held February 28, 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, 4-0, to approve the minutes.
2. PERMITS
(Projects over $50,000 with no objections and with staff recommendation
for approval). The Commission voted, 4-0, to approve the
Page Two Permits with staff recommendations. [ AUDIO Items 1-3 ]
3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING
BY COUNSEL. The Commission held a brief closed meeting to
address the recent Court of Appeals oral arguments in the case of
Palmer v.
MRC.
4. NAVAL MEDICAL CENTER, #05-2225. Commission review of a
decision by
the staff of the Portsmouth Wetlands Board to decline to exert
jurisdiction over a project to install two marsh sills, grade, backfill
and plant to convert a disturbed and filled wetland area into a
vegetated wetland area on their property situated along Scotts Creek in
Portsmouth.
The Commission voted, 4-0, to return the case to the
Portsmouth Wetlands Board. [ AUDIO
]
5. MARINE HYDRAULICS INCORPORATED, #04-2481, requests
authorization
to install a 200-foot long bulkhead up to 15-feet channelward of mean
low water, fill approximately 2,185 square feet of State-owned
submerged lands, install two (2) 100-foot long by 8-foot wide travel
lifts, and to dredge 23,000 cubic yards of State-owned submerged lands
to achieve maximum depths of -17 feet below mean low water to create a
285-foot long by 80-foot wide access channel and a 197-foot by 273-foot
turning basin adjacent to their property situated along the Eastern
Branch of the Elizabeth River in Norfolk. All dredged materials will be
transported to and disposed within the Craney Island Dredged Material
Management Area.
The Commission voted, 5-0, to approve the permit with staff
recommendations, but excluding the requirement to remove the derelict
barge. [ AUDIO
]
6. MARINE HYDRAULICS INCORPORATED, #04-1984, requests
authorization to
install a 1,032-foot long by 33-foot wide trestle to support a mobile
crane, three (3) mooring dolphins, dredge 491,000 cubic yards of
State-owned submerged lands from a 990-foot by 232-foot wide basin to
create depths of -65 feet below mean low water for the installation of
a drydock with an associated 250-foot long by 230-foot wide access
channel to -40 feet below mean low water to connect with the adjacent
Federal Navigation Channel, construct a 193-foot long new bulkhead with
1,202 square feet of associated fill of State-owned submerged lands,
and install a 26-foot long by 24-foot wide bridge to access the
dry-dock at their property situated along the Elizabeth River in
Norfolk. All dredged materials will be transported to and disposed
within the Craney Island Dredged Material Management Area. Several
residents in the vicinity protest the project.
The Commission voted, 5-0, to approve the permit with staff
recommendations, but excluding the requirement to remove the derelict
barge at the Eastern Branch Elizabeth River parcel.
[ AUDIO ]
7. MR. & MRS. MILTON CONRAD, #05-2880, request
authorization to
install a submersible pump, a 2-inch diameter PVC raw water intake
pipeline, and a 4-inch PVC discharge pipeline on an existing private
pier, and to change the use of that pier from private to commercial
use, in association with a proposed crab shedding facility to be
constructed on their property along a cove of Greenvale Creek on Rocky
Neck in Lancaster County. Two adjoining property owners protest the
project.
The Commission voted, 5-0, to approve the permit with staff
recommendations. [ AUDIO ]
8. NORMAN MALO, #05-2798, requests authorization to extend an
existing pier 25 feet channelward, reconfigure and enlarge the
associated decking to a total of 1932 square feet and to construct a
66-foot by 42-foot open-sided boathouse designed to house two (2) boats
and a personal watercraft adjacent to his property situated along the
Piankatank River in Gloucester County. An adjoining property owner
protests the project.
The Commission voted, 5-0, to approve the permit with staff
recommendations. [ AUDIO ]
9.
ROBERT A. BADENOCH, #04-1523, requests after-the-fact authorization to
retain a 15-foot long by 18-foot 6-inch wide roof extension, the timber
siding used to enclose the boathouse, and a 132 square foot deck
addition to a previously permitted boathouse adjacent to his property
situated along a cove of Bridgemans Back Creek in Northumberland
County.
The Commission voted, 5-0, to approve the after-the-fact
permit
with staff recommendations and a $1,000 civil charge in lieu of other
enforcement action. [ AUDIO ]
10. JOSEPH F. KRUSHINSKI, #05-2707, requests after-the-fact
authorization to retain deck railings and a three-foot wide stairway
constructed as part of a flat-roof, open-sided boathouse, adjacent to
his property situated along Aquia Creek in Stafford County.
The Commission voted, 5-1, to approve the after-the-fact
permit
with a $1,200 civil charge in lieu of other enforcement action and
triple permit fees. [ AUDIO ]
11. TOWN OF CHINCOTEAGUE, ET AL, #05-3032, requests after the
fact
authorization to retain and continue to install approximately 20,000
feet of slip-lining inside the existing 16-inch waterline from the
mainland to the new waterline west of the Black Narrows Channel.
Twenty-six (26) access pits along the existing waterline will be
excavated to allow for maintenance and repair access. The project is to
repair and maintain the existing waterline to the Town of Chincoteague.
A State Wetlands permit is required.
The Commission voted, 6-0, to approve the after-the-fact
permit with staff recommendations including triple permit fees.
[ AUDIO ]
12. DELMARVA POWER, #05-2986, requests authorization to
relocate
the main (69 KV) overhead transmission line from the north side of the
Black Narrows Bridge to the south side of the bridge in the Town of
Chincoteague, Accomack County. The installation of three of the six new
poles will impact either State-owned wetlands or State-owned subaqueous
bottom. Both wetlands and subaqueous permits will be required. Two
Marsh Island residents protest the project.
The Commission voted, 6-0, to approve the permit with staff
recommendations. [ AUDIO ]
13. PUBLIC COMMENTS: Two watermen discussed several issues.
[ AUDIO ]
14. THE 2006 AMERICAN SHAD BYCATCH FISHERY:
The Commission voted, 4-2, in an emergency regulation to establish a
limited-entry fishery for the upriver (spawning sanctuary) areas of the
James, Mattaponi, Pamunkey and Rappahannock Rivers within the American
Shad Bycatch Fishery that was established last month. Only those
persons who have fished five of the past 10 years qualify and they will
be restricted to a bycatch of only five fish. A public hearing on the
permanent regulation will be held at the Commission’s March
28th
meeting.
[ AUDIO part 1][ AUDIO part 2]
15. PUBLIC HEARING: Proposed amendments to Regulation 4VAC
20-252,
“ Pertaining to the Taking of Striped Bass" to establish the
2006
commercial and recreational harvest quotas at 1,554,302 pounds each.
The Commission voted, 6-0, to approve the quota per staff
recommendation. [ AUDIO ]
16. PUBLIC HEARING: Virginia Seafood Council proposal, "
Reexamination of Feasibility Study On One-Year Grow-Out of Triploid
Crassostrea ariakensis."
A public hearing was held on the Council’s request
and the
Commissioner is expected to make a decision after 30 days from Feb. 28
and before 60 days has elapsed. [ AUDIO ]
17. BOB ORTH, VIMS: Update of status of Submerged Aquatic Vegetation.
The presentation was deferred until the Commission’s March
28th meeting.
18. JIM KIRKLEY, VIMS: Presentation of
Economic
Contributions of Virginia's Commercial Seafood and Recreational Fishing
Industries. The Commission heard the presentation. [
AUDIO ]
19. 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.
Mr. George agreed to remove his pound net from his current
Windmill Point location and will apply for a new location within the
agency’s existing rules. [ AUDIO ]
20. FISHERIES MANAGEMENT DIVISION: Request permission to construct two
artificial fishing reefs; Poquoson Reef, to be located near the mouth
of the Poquoson River and Mobjack Bay Reef, to be located on the
western side of the channel in Mobjack Bay.
The Commission decided to postpone consideration of this
request until its March 28th meeting. [ AUDIO ]
21. THE 2006 OYSTER RESTORATION PROGRAM & PROCUREMENT PLANS:
The Commission voted, 5-0-1 with Mr. Robins abstaining, to approve the
advertised oyster restoration program procurement plans. It also voted,
4-3, to approve the transfer of 30,000 bushels of seed oysters this
year. [ AUDIO
]
THE NEXT MEETING WILL BE HELD ON TUESDAY, MARCH 28, 2006
PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval; Approved in Item 2)
2A. TOWN OF BLACKSBURG, #05-1083, requests
authorization to cross Toms
Creek in two (2) locations with 12-foot wide, timber, clear span
bridges for
pedestrian and bicycle use in Heritage Park in Blacksburg. There will
be no
structures or construction activity within the creek bed. Recommend
approval
with proper erosion and sediment control measures during construction
of the
associated upland abutments and wing walls.
2B. TAZEWELL COUNTY PUBLIC SERVICE AUTHORITY, #06-0028,
requests authorization
to install two (2) aerial and six (6) submerged sewer line stream
crossings of
Laurel Fork and its tributaries and construct one (1) 0.5 MGD outfall
to
facilitate replacement of the Town of Pocahontas' Wastewater Treatment
Plant in
Tazewell County. Recommend approval with the inclusion of our standard
instream
permit conditions.
2C. CITY OF BRISTOL, #05-2670, requests authorization to
install 12 linear feet
of submerged water line beneath and construct a 65-foot long by 34-foot
wide
clearspan bridge across Beaver Creek to facilitate vehicular access and
private
utilities installation to the Sugar Hollow Business Complex in the City
of
Bristol. Recommend approval with the inclusion of our standard instream
permit
conditions.
2D. NAVAL FACILITIES ENGINEERING COMMAND, #05-2628, requests
authorization to
install a 325-foot by 52-foot T-head at Pier 11 at Norfolk Naval Base
situated
along the Elizabeth River in Norfolk.
2E. U. S. FISH AND WILDLIFE SERVICE, CHINCOTEAGUE NATIONAL
WILDLIFE REFUGE,
#05-1130, requests authorization to construct an 80-foot long by
12-foot wide
concrete boat ramp; a 60-foot long by 6-foot wide open-pile pier with a
36-foot
long by 6-foot wide floating dock; a 110-foot long breakwater and
mechanically
dredge an 80-foot by 20-foot area channelward of the proposed boat ramp
to minus
four and one half (?4.5) feet at mean low water, adjacent to their
property
situated along Assateague Channel on Assateague Island in Accomack
County.
2F. NORVIEW MARINA, #05-2159, requests authorization to
remove a 20-slip
floating pier and to install a new 185-foot long floating pier
providing eight
(8) larger wetslips adjacent to their marina facility situated along
Broad Creek
in Middlesex County.
2G. GLOUCESTER COUNTY DEPARTMENT OF UTILITIES, #05-2942,
requests authorization
to cross approximately 80 linear feet of Fox Mill Run, adjacent to the
Route 17
crossing, with a submerged 16-inch diameter waterline within an
existing utility
easement in Gloucester County. Recommend approval with our standard
in-stream
construction conditions.
2H. WILL DRENNAN , ET AL, #04-0321, requests authorization to
dredge, by
clamshell method, 4,022 cubic yards of State-owned submerged lands to
achieve
maximum depths of minus four and a half (-4.5) feet below mean low
water to
create a 786-foot long by 20-foot wide access channel and seven (7)
associated
homeowner boat basins adjacent to property situated along Broad Creek
in
Norfolk. All dredged materials will be transported to and disposed
within the
Craney Island Dredged Material Management Area. Staff recommends a
royalty of
$1,786.05 for the dredging of 3,969 cubic yards of material at $0.45
per cubic
yard.
2I. LANGLEY AIR FORCE BASE, #05-1935, requests authorization
to install and
backfill 1,200 linear feet of bulkhead, construct a 63-foot long by
16-foot wide
boat ramp with a 50-foot by 13-foot service pier, a 96-foot long by
12-foot wide
temporary emergency access pier for security and rescue activities, and
to
maintenance dredge, using either clam shell or hydraulic, 25,000 cubic
yards of
State-owned submerged lands to reach maximum depths of -8 feet below
mean low
water at their marina facility situated along the Southwest Branch of
Back River
in Hampton. Dredged materials will be disposed of at an off-site upland
disposal
facility. Staff recommends a pre-dredge conference to include
inspection of the
disposal area, submission of a post-dredge bathymetric survey, that the
contractor provide an observer at the dredge material containment area
within
radio contact with the dredge operator while the dredge is operating to
prevent
overflow of the containment area and that a minimum of two (2) feet of
freeboard
be maintained between the height of the dredged material and the top of
the
containment berm.
2J. LANGLEY AIR FORCE BASE, #05-2839, requests authorization
to install five (5)
floating piers ranging in length from 320 feet to 150-feet and all
8-feet wide,
and 41 20-foot long by 3-foot wide finger piers to create 75 wet slips
replace
marina structures destroyed by Hurricane Isabel adjacent to their
property
situated along the Southwest Branch of Back River in Hampton.
2K. VIRGINIA COMMONWEALTH UNIVERSITY, #04-2266, requests a
permit modification
to reduce in size and relocate a previously authorized 12-foot wide by
24-foot
long (288 square feet) floating research platform to the downstream
side of the
VCU Rice Center River Pier Facility situated along the James River in
Charles
City County. The new platform will measure 10-foot wide by 28-foot long
(280
square feet).
2L. DEPARTMENT OF THE NAVY, #05-2544, requests authorization
to replace 52
existing sensors, to install 37 new sensors and install associated new
and
replacement cables across 2,000 linear feet of State-owned submerged
lands,
using trenching to reach cable depths of minus three (-3) feet below
the
substrate, and to place 17,000 cubic yards of protective gravel over
the sensors
and cable trench, between Naval Station Norfolk and the Sewells Point
Degaussing
Station, located within Hampton Roads Norfolk Harbor in Norfolk.
2M. THOMAS SHUTTLEWORTH, #05-1190, requests authorization to
install 865 linear
feet of VDOT Class II, stone riprap, the toe of which may extend a
maximum of
six (6) feet channelward of an existing concrete apron, for shoreline
protection
adjacent to his property along Linkhorn Bay in the Linlier subdivision
in
Virginia Beach.
2N. TANNER'S LANDING ASSOCIATES, LLC, #05-0480, requests a
modification to a
Commission-approved project substituting the assessment of an annual
royalty for
a one-time royalty of in the amount of $14,577.00 for the encroachment
over
9,718 square feet of State-owned submerged lands at a rate of $1.50 per
square
foot in association with a project located adjacent to property
situated along
the Lafayette River in Norfolk.
2O. DEPARTMENT OF THE NAVY, #05-3064, requests authorization
to construct a
30-foot wide by 227-foot long by 9-foot tall (extending five (5) feet
vertically
above mean low water) stone breakwater, approximately 175 feet
channelward of
mean low water, to decrease wave energy and provide shoreline
protection
adjacent to the Normandy Beach training area in the Naval Amphibious
Base,
Little Creek, situated along the Chesapeake Bay in Virginia Beach.
2P. VIRGINIA JACOBS, #04-2794, requests authorization to
modify her previously
issued permit to increase the number of wetslips from 48 to 53 and to
install
uncovered lifts within all 53 slips at Pelican's Nest Marina which is
situated
along Little Creek in Norfolk.
