The following are the agenda items from the Commission's regular meeting held March 28, 2006 at Commission headquarters. The Commission's actions are in bold. Linked audio files are in the MP3 file format and require an installed media player such as Windows Media Player or Real Player. Individual MP3 files are relatively large and may take 1 to 10 minutes to download depending on your internet connection. Note also that the audio links frequently begin with up to 10-15 seconds of the previous case; please listen closely to be sure you have selected the desired item.
1. MINUTES of previous
meeting. The
Commission voted, 5-0, to approve the minutes with Associate Members
Fox and McLeskey abstaining because they were absent from the February
meeting.
2. PERMITS
(Projects over $50,000 with no objections and with staff recommendation
for approval). The Commission voted, 7-0, to approve the
page two permits with staff recommendations.
3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY
COUNSEL. The Commission met to discuss the court case of
Williamson v. MRC. [ AUDIO
Items 1-3 ]
4. CARL JOHNSON, #05-2704, requests authorization to
construct a
13-foot by 34-foot open-sided boathouse adjacent to an existing private
pier at his property situated along Kenny Creek in Mathews County. An
adjoining property owner, as well as other property owners in the
vicinity protest the project.
The Commission voted, 6-1, to approve the permit with staff
recommendations. [ AUDIO
]
5. LEE DEARMOND, #05-2356, requests after-the-fact
authorization to
retain 102 linear feet of vinyl sheet bulkhead installed and backfilled
a maximum of two (2) feet channelward of a failing bulkhead at his
property situated along Long Creek in the Cape Henry Shores subdivision
in Virginia Beach.
The Commission voted, 7-0, to approve the after-the-fact
permit
with a civil charge of $1,200 with triple permit fees and royalties.
[ AUDIO ]
6. SARAH A. MOORE, #05-2284, requests after-the-fact
authorization to
retain 87 linear feet of vinyl replacement bulkhead constructed
approximately one (1) foot channelward of a deteriorated timber
bulkhead adjacent to her property situated along Kibble Creek in
Mathews County.
The Commission voted, 7-0, to approve the after-the-fact
permit
with a $1,200 civil charge for the contractor with triple permit fees
and royalties. [ AUDIO ]
7. RICK LOY, Notice to Comply #05-15. Formal Restoration
Hearing
concerning the unauthorized placement of concrete blocks and the
installation of a metal slide over State-owned submerged bottom, as
well as the unauthorized expansion of an existing private,
non-commercial pier at his property situated along Aquia Creek in
Stafford County.
The Commission voted, 7-0, to require all blocks channelward
of
mean low water be removed within 30 days and agreed to accept and
process an after-the-fact permit for a change in use of the pier
structure to that of a community pier. After the required public
interest review, this portion would have to be reconsidered by the
Commission at a subsequent hearing. [ AUDIO ]
8. PERRY ROBERTS, #05-2053, requests after-the-fact
authorization to
retain a 6-foot by 60-foot 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, 6-1, to approve the after-the-fact
permit
with staff recommendations requiring the removal of the L-head portion
of the western part of the pier and associated pilings, along with a
$1,800 civil charge and triple permit fees. [ AUDIO ]
9. KENNETH MORRIS, #05-1089, requests authorization to
install two (2)
27-foot by 5-foot pre-cast concrete breakwaters located approximately
60 feet channelward of mean high water and to place 120 cubic yards of
sand, as beach nourishment, landward of the breakwaters adjacent to his
property situated along the North River near Ware Point in Gloucester
County.
The Commission voted, 6-2, to approve the two breakwaters and
agreed to a three-year study of their relative effectiveness. The study
would be conducted at the expense of the permittee under a scientific
protocol to be developed by the Virginia Institute of Marine Science.
The results of that study would be brought back before the Commission
at the end of the study period. For comparative analysis purposes, one
of the breakwaters would include riprap armor along its seaward side
and the study would compare and contrast the relative effectiveness of
the two breakwaters. During the study period,
and pending a favorable outcome therewith, no further pre-cast concrete
breakwater structures would be entertained. [
AUDIO
]
10. COLUMBIA GAS OF VIRGINIA #06-0045, requests
after-the-fact
authorization for the installation, by directional drill method, of a
4-inch natural gas line under Kingsland Creek, a tributary to the James
River in Chesterfield County. The line replaces a previously exposed
gas line in the same location.
The Commission voted, 8-0, to approve the after-the-fact
permit with triple permit fees. [ AUDIO ]
11. COWNOSE RAY ISSUES AND UPDATES: Marine Products Board and
Virginia Institute of Marine Science.
The reports were presented and the Commission had an
opportunity to taste fried and baked cownose ray.
[ AUDIO ]
12. PUBLIC COMMENTS: There were four public
comments and one
waterman requested and was issued an hardship exemption for a black sea
bass permit and the request
was filled within the available poundage.
[ AUDIO ]
13. PUBLIC HEARING: Proposal to construct an artificial
fishing reef in the Poquoson River and Mobjack Bay.
The Commission voted, 8-0, to approve the artificial fishing
reef
at the Mobjack Bay location, and voted 6-1-1 to table the Poquoson
River request for one month, while more information is gathered
regarding a possible alternative site location.
[ AUDIO ]
14. PUBLIC HEARING: Consideration of extending emergency regulation
4VAC20-530-10, "Pertaining to American Shad" to establish a limited
bycatch fishery on the spawning grounds of the James, Pamunkey,
Mattaponi, and Rappahannock Rivers.
The Commission voted, 6-2, to approve the regulation
amendment. [ AUDIO ]
15. REQUEST FOR PUBLIC HEARING: Establish an NSSP requirement for human
waste receptacle for shellfish harvesting vessels. The
Commission voted, 8-0, to go to public hearing at the April
25th meeting. [ AUDIO ]
16. RECOMMENDATIONS of the Recreational Fishing Advisory
Board. The Commission voted, 8-0, to approve recommendations
as submitted by staff. [
AUDIO
]
17. REQUEST TO EXTEND CLAM SEASON IN THE JAMES RIVER.
The Commission voted 8-0, to approve the extension until April 30, 2006.
[ AUDIO ]
THE NEXT MEETING WILL BE HELD ON TUESDAY, APRIL 25,
2006
PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval; Approved in Item 2)
2A. IMTT CHESAPEAKE, #06-0025,
requests authorization to
maintenance dredge 13,000 cubic yards of subaqueous bottom material and
dredge
7,100 cubic yards of new, material to achieve maximum depths of
–38 feet at
their commercial loading facility on the Southern Branch of the
Elizabeth River
in Chesapeake. The dredged material will be transported to and disposed
within
the Craney Island Dredged Material Management Area. Recommend approval
with the
requirement for a pre-dredge conference and post-dredge bathymetric
survey.
Further recommend a royalty in the amount of $3,195.00 for the new
dredging of
7,100 cubic yards of material at a rate of $0.45 per cubic yard.
2B. WILLIAM TINDER, #05-2406, requests
authorization to construct and
backfill 509 linear feet of timber bulkhead aligned a maximum of two
(2) feet
channelward of mean low water and the existing bulkhead at his property
situated
along the Lynnhaven River in the Great Neck Point subdivision in
Virginia Beach.
Recommend a royalty of $1,018.00 for the filling of 1,018 square feet
of
State-owned submerged bottom at a rate of $1.00 per square foot.
2C. DOMINION VIRGINIA POWER, #06-0144,
requests authorization to install
2,090 linear feet of submerged electrical transmission line beneath the
Chickahominy River immediately downstream of the existing Route 5
bridge in
James City and Charles City County. Recommend approval with the
assessment of a
$6,270.00 royalty for the encroachment beneath 2,090 linear feet of
State-owned
subaqueous bottom at a rate of $3.00 per linear foot and an instream
time-of-year work restriction of February 15 through June 15 to protect
anadromous fish species.
2D. OLD POINT COMFORT, LLC, #05-0590,
requests authorization to modify a
previously Commission-approved community pier facility to increase the
number of
slips from 30 to 35 and decrease the size of an L-head to 51-foot by
20-foot
adjacent to property situated along the Hampton River in Hampton.
2E. CORNELIUS G. ABEN, JR., ET AL, #05-2980,
requests authorization to
install 400 linear feet of stone riprap, the toe of which may extend a
maximum
of ten (10) feet channelward of a deteriorating bulkhead at his
property
situated along the Chesapeake Bay in the Peaceful Beach Estates
subdivision of
Northampton County.
2F. VIRGINIA ELECTRIC AND POWER, #05-2995,
requests authorization to
dredge up to 2,824 cubic yards of State-owned subaqueous bottomland as
part of
Consent Order with the Department of Environmental Quality, related to
a coal
ash discharge remediation plan, within Farrar Gut of the James River in
Chesterfield County.
2G. MID-ATLANTIC BROADBAND, ET AL, #05-1060,
requests authorization to
modify a previously issued permit to add an additional crossing of a
fiber optic
line across the Staunton River, by bridge attachment method, along
Route 360, in
Halifax and Charlotte Counties. Recommend a royalty in the amount of
$780.00 for
the encroachment under 260 feet of State-owned bottom at a rate of
$3.00 per
linear foot.
2H. ARMY CORPS OF ENGINEERS, #05-0338,
requests a modification to the
current February 15 through September 30 time-of-year restriction for
their
permit which authorizes the overboard placement of dredged material at
Tribell
Shoal in the James River. Due to a lack of shellfish resources in the
project
area, staff recommends approval of a new February 15 through June 15
time-of-year restriction which will protect anadromous fish species.
2I. BAE SYSTEMS NORFOLK SHIP REPAIR, #06-0313,
requests authorization to
maintenance dredge on an as needed basis up to a maximum of 150,000
cubic yards
of material and conduct 33,000 cubic yards of new dredging from a
3,600-foot by
800-foot area to maintain maximum permitted depths ranging from -64
feet to - 25
feet below mean low water adjacent to their property situated along the
Southern
Branch of the Elizabeth River in Norfolk. All dredged material will be
transported to and disposed at the Craney Island Dredged Material
Management
Area. Staff recommends a pre-dredge conference and the required
submittal of a
post-dredge bathymetric survey for compliance monitoring. Staff
recommends a
royalty in the amount of $14,850.00 for the dredging of 33,000 cubic
yards at a
rate of $0.45 per cubic yard.
2J. BAE SYSTEMS NORFOLK SHIP REPAIR, #06-0344,
requests authorization to
repair and expand Pier 3 and associated fender systems resulting in new
total
dimensions of 705 feet long on the north side and 506 feet long on the
south
side by 58.5 feet wide, impacting an additional 5,300 square feet of
State-owned
submerged lands, adjacent to their property situated along the Southern
Branch
of the Elizabeth River in Norfolk.
