The following are the agenda items from the Commission's regular meeting held April 25, 2006 at Commission headquarters. The Commission's actions are in bold.
1. MINUTES of previous
meeting. The Commission voted, 5-0, to approve the
minutes.
2. PERMITS
(Projects over $50,000 with no objections and with staff recommendation
for approval). The Commission voted, 5-0, to approve the
Page Two permits with staff recommendations.
3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY
COUNSEL. No closed meeting was held. [ AUDIO Items 1-3
]
4. OCEAN VIEW BUILDERS, #06-0366. Commission review, on appeal by 74
freeholders of property within the City of Virginia Beach, of the March
20, 2006 decision by the Virginia Beach Wetlands Board to approve a
proposal to construct a residential duplex on property along the
Chesapeake Bay in the Ocean Park subdivision in Virginia Beach.
At the request of all of the parties involved, the Commission
voted, 5-0 to defer Commission review of the appeal until its June 27th
meeting. [ AUDIO Items 4
]
5. COWART SEAFOOD CORPORATION, 06-0645, requests authorization to
deploy 4-foot wide by 6-foot long by 12-inch high, individually buoyed,
oyster aquaculture cages on privately leased oyster grounds, occupying
four (4) separate areas in the Coan River totaling approximately 24.5
acres of suitable hard bottom. The cages will be deployed in water
depths ranging from approximately three (3) to eight (8) feet at mean
high water and at a maximum cage density of 350 cages per acre. The
four sites will be located along the west shore of the Coan River,
across from Walnut Point along an approximately 5,000 feet of
shoreline, beginning at Stevens Point and extending southeast. A nearby
property owner protests the project.
The Commission voted, 5-0, to approve the permit in
accordance with the conditions and recommendations of staff.
[ AUDIO
Items 5 ]
6. BEVANS OYSTER COMPANY, #06-0649, requests authorization to deploy
4-foot wide by 6-foot long by 12-inch high, individually buoyed, oyster
aquaculture cages on privately leased or sub-leased oyster grounds,
occupying four (4) separate sites in the Yeocomico River and Wilkins
Creek totaling approximately 20 acres of suitable hard bottom. The
cages will be deployed in water depths ranging from approximately one
and a half (1.5) to six and a half (6.5) feet at mean low water, and at
a maximum cage planting density of 250 cages per acre. Two of the four
separate sites are located within Westmoreland County, and include
approximately four acres in the Yeocomico River approximately 1,000
feet west of the mouth of Parkers Creek, and eight acres in the
Yeocomico River approximately 1,300 feet southwest of the mouth of
Parkers Creek. The remaining two sites are located within
Northumberland County, and include approximately four acres in the
Yeocomico River approximately 2,300 feet southeast of Horn Point, and
four acres in Wilkins Creek approximately 800 feet south of Mundy
Point.
The Commission voted, 5-0, to approve the permit in
accordance
with the staff recommendations, specifically excluding any cage
deployments in areas with depths less than 2 feet at mean low water to
minimize impacts on submerged aquatic vegetation.
[
AUDIO Items 6
]
7. WARD OYSTER CO., #05-2241, requests after-the-fact authorization to
retain 566 deployed aquaculture cages and authorization to deploy
additional 4-foot by 4-foot by 2-foot high aquaculture cages at five
locations on his leased oyster ground in the Ware River in the vicinity
of Jarvis Point and Schley in Gloucester County. A maximum of 2500
cages are proposed to be deployed in water between four (4) and six (6)
feet deep at mean low water. The cages are proposed to be deployed as
two-cage units and marked with a small buoy. Numerous residents in the
vicinity protest the project.
The Commission voted, 6-0, to approve the permit with the
conditions recommended by staff except for the deletion of Site 1,
which site was approved contingent on the imposition of a seasonal
prohibition that prohibits its use between May 1 and October 31. [ AUDIO
Items 7 ]
8. DAVID C. ROGERS, #06-0051, requests authorization to remove and
re-construct a 135-foot long by 5-foot wide pier, and a 670 square foot
platform that presently supports a 17.5- foot by 13.5-foot one story
dock house adjacent to his property along Hungars Creek in Northampton
County. The proposed project will replace the existing pier, platform
and dock house within the existing footprint.
The Commission voted, 6-0, to approve the permit as
requested. [ AUDIO Items 8
]
9. LAWRENCE FUCCELLA, JR., #06-0342, requests after-the-fact
authorization to retain a 9-foot by 20-foot timber deck constructed on
top of his existing boathouse situated along Urbanna Creek at 529 Ivy
Shores Boulevard in Middlesex County.
The Commission voted, 6-0, to require the removal, within 60
days,
of the deck including the door access and any interior landing. [
AUDIO Items 9
]
10. BLUEWATER YACHTING CENTER, #05-2195, requests authorization to
construct a marina manager's office building with a 64-foot by 5-foot
deck that will encroach up to one (1) foot channelward of mean low
water at their property situated along Sunset Creek in Hampton. Two
nearby residents protests the project.
The Commission voted, 6-0, to approve the project as
requested
finding that the encroachment was diminimis and reasonable.
[ AUDIO
Items 10 ]
11. PERRY ROBERTS, #05-2053. Consideration of the
contractor’s
involvement in the enlarged and expanded private pier that was
reconstructed at Mr. Robert’s property situated along Aquia
Creek
in Stafford County.
The Commission voted, 6-0, to accept a $1,800 civil charge
from
the contractor, Mr. William “Pete” Sullivan for his
role in
Mr. Perry Roberts’ unauthorized construction at the site.
[ AUDIO
Items 11 ]
11A. REPORT ON BUCKROE BEACH PIER: Mr. Grabb, Chief, Habitat
Management Division, reported that Mr. Ronald Boone, Jr. had failed to
get a permit for the installation of a temporary construction trestle
at the site of the proposed Buckroe Beach fishing pier. The staff
declined to accept an after-the-fact permit request to retain the
temporary trestle, given the fact that Mr. Boone had been subject to an
earlier after-the-fact situation at Harrison’s Fishing Pier
in
Ocean View which included his failure to secure a trestle permit at
that site. Mr. Grabb said Pre-Con Marine would remove the trestle
within the next two weeks, after which Mr. Boone would likely apply for
a permit to reinstall it. In addition, it was likely that the City of
Hampton would be submitting a request for a permit to make changes to
the pier length and other amenities, which were not included in the
request to reconstruct the pier after Hurricane Isabel under Governor
Warner’s Executive Order.
[ AUDIO
Items 11A and 11B ]
11B. TANNER’S LANDING ASSOCIATES, LLC UPDATE: Mr.
Grabb
reported that the permit approved by the Commission in December/January
meetings had not been properly executed by the permittee. Nevertheless,
dredging had been conducted, but not in conformance with the draft
permit conditions. A change in disposal location resulted in additional
dredging and unanticipated damage to tidal wetlands at the property at
the property. The dredging has been completed and no other in water
construction may occur until the permit is issued. The Commission
voted, 6-0, to hold a Restoration Hearing on this violation at its May
23rd meeting.
12. PUBLIC COMMENTS: Lake Cowart, Jr. of Lottsburg in the
Northern Neck requested that the Commissioner ask for an official
opinion from the Office of the Attorney General regarding the status of
Chapter 16 of Title 28.2. The Commissioner indicated it was his intent
to forward the request to the Secretary of Natural Resources for
coordination with the Governor’s Policy Office. Mr. Jewell of
Poquoson appeared before the Commission and requested that the Attorney
General’s Office either move forward with the
Commission’s
threatened enforcement of their removal order on his pier and structure
or agree to drop the case. [ AUDIO Items 12
]
13. REQUEST TO CONSTRUCT AN ARTIFICIAL FISHING REEF NEAR THE MOUTH OF
THE POQUOSON RIVER. Tabled from the March meeting.
The Commission voted, 6-0, to approve the reef for half of
the
original requested area, staying away from habitable bottom area south
of the site. [ AUDIO Items 13
]
14. PUBLIC HEARING: Requiring a human waste receptacle to be aboard all
shellfish harvesting vessels; an NSSP requirement.
The Commission voted, 6-0, to approve the regulation.
[ AUDIO Items 14
]
15. PUBLIC HEARING: Proposed extension of the hard clam season in the
James River and establishment of a control rule to establish seasons in
future years.
The Commission voted, 6-0, to extend this year’s
season until April 30. [
AUDIO
Items 15, Item16, Item 17 ]
16. REQUEST FOR A PUBLIC HEARING: Establishing the 2006 commercial
bluefish quota.
The Commission voted, 6-0, to set a public hearing for its
May 23rd meeting.
17. JOHN W. BUNDICK: Request for transfer of black drum permit.
The Commission voted, 6-0, to approve the transfer.
THE NEXT MEETING WILL BE HELD ON TUESDAY, MAY 23,
2006
PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval; Approved in Item 2)
2A. KINGSMILL RESORT, #04-1519, requests
authorization to install
23 drive-on slips for personal watercraft along the landward side of an
existing
concrete floating dock at their Kingsmill Resort Marina along the James
River in
James City County. Recommend a royalty of $3757.50 for the encroachment
over
2,505 of State-owned bottom at a rate of $1.50 per square foot.
2B. VIRGINIA ELECTRIC & POWER COMPANY, #06-0180,
requests
authorization to dredge 161,500 cubic yards of State-owned subaqueous
bottom
material to provide maximum depths of –38 feet at mean low
water, and
construct a 368-foot long by 50-foot wide, pile-supported, concrete
pier with a
20-foot wide, pile-supported access trestle, a 10-foot wide,
pile-supported,
enclosed conveyor system, three (3) breasting dolphins, and four (4)
mooring
dolphins, all of which is associated with a proposed coal vessel
unloading
facility on the Southern Branch of the Elizabeth River at the
Chesapeake Energy
Center. Recommend approval with the requirement for a pre-dredge
conference and
post-dredge bathymetric survey. Further recommend a one-time royalty in
the
amount of $135,520.00 for the dredging of 161,500 cubic yards of
State-owned
subaqueous bottom material at a rate of $0.45 per cubic yard
($72,675.00) and
for the encroachment over 31,422.5 square feet of State-bottom at a
rate of
$2.00 per square foot ($62,845.00).
2C. DEPARTMENT OF THE ARMY, #06-0270, requests
authorization to annually
install a temporary 3,000-foot elevated causeway system (elevated pier)
for
training exercises adjacent to the Omaha Beach and Utah Beach Training
Areas at
Fort Story along the Chesapeake Bay in Virginia Beach. Recommend
approval
pending expiration of the 10-day day review period, provided subsequent
to the
local wetlands board decision on April 17, 2006.
2D. JEFF HEBENSTREIT, #05-2416, requests
authorization to dredge
approximately 350 cubic yards of State-owned submerged bottom to obtain
maximum
depths of 5.3 feet below mean low water; install 122 linear feet of
riprap, a
maximum of 2.5 feet channelward of the existing revetment; install a
64-foot
stone marsh revetment, a maximum of 3 feet channelward of mean low
water; remove
an existing pier and construct a 6-foot wide by 74-foot long private
pier with
an 8-foot by 43-foot floating dock, two, 4-foot wide finger piers, a
22-foot by
54-foot open-sided boathouse with lift, and two upland access walkways;
and
relocate an existing open-sided boathouse with lift alongside the
proposed pier.
All components of the proposal will occur adjacent to the
applicant’s property
along Broad Bay in the East Alanton subdivision in Virginia Beach. All
dredged
materials will be offloaded at a nearby boat ramp into sealed dump
trucks and
transported to the Higgerson & Buchannan landfill in
Chesapeake. Recommend a
royalty of $157.50 for the dredging of 350 cubic yards at a rate of
$0.45 per
cubic yard.
2E. U.S. FISH AND WILDLIFE SERVICE, #05-1112,
requests authorization to
remove an existing pier and associated pilings and construct a new
11-foot wide
by 116-foot long timber pier, including a 10-foot by 30-foot aluminum
ramp for
Wildlife Service Staff access only (a portion of the pier will be open
to the
public for fishing); remove an existing timber bulkhead and install 145
linear
feet of open-cell concrete block structure, extending a maximum of 5
feet
channelward of the normal water level; and install three riprap
breakwaters,
varying in size from 154-180 feet in length, with a maximum base width
of 12
feet and extending approximately 1-foot above the normal water level,
for
increased shoreline protection adjacent to the Back Bay National
Wildlife Refuge
situated along Back Bay in Virginia Beach.
2F. CITY OF RICHMOND, #06-0371, requests
authorization to replace an
existing low water bridge crossing of Gillies Creek along Gennie Scher
Road with
a 105-foot long by 45-foot wide clearspan bridge in the City of
Richmond.
2G. U.S. COAST GUARD, #06-0269, requests
authorization to install a
55-foot by 35-foot drive-on floating dock for the mooring of three (3)
USCG
training vessels adjacent to their existing facility situated along the
Western
Branch of Wormley Creek in York County.
2H. DEPARTMENT OF THE NAVY, #05-2544, requests a
modification to a
Commission authorized project for construction activities at the
Magnetic
Silencing Facility to authorize the addition of a 60-foot by 25-foot
temporary
construction platform, at a height of 10 feet above MLW, to be used to
stage
spools of sensor cables during installation located adjacent to
property
situated along Hampton Roads in Norfolk. The platform will be lighted
in
accordance with USCG regulations and will be removed no later than
August 31,
2006.
2I. COUNTY OF YORK, #02-0220, requests a
modification to their previously
issued permit to install a 130-foot long by 26-foot wide breakwater,
three (3)
80-foot long culverts, and to excavate 390 cubic yards of sandy
deposition
material to depths not to exceed 1-foot below mean low water from
within a
400-foot by 60-foot area in front of the proposed breakwater, to be
used as
beach nourishment behind the breakwater, in order to provide a clear
and open
channel between Yorktown Creek and the York River in York County.
2J. WESTFIELDS BUSINESS OWNER’S ASSOCIATION,
#06-0331, requests
authorization to impact 19.7 linear feet of Flatlick Branch, a
tributary to Cub
Run, in Fairfax County as a result of the Stonecroft Boulevard
expansion. A
10-foot by 14-foot culvert will be placed in Flatlick Branch to direct
water
under the road while the bridge is expanded and riprap will be utilized
to
maintain the low-flow channel. Staff recommends a royalty of $59.1 for
an
overhead crossing at a rate of $3.00 per linear foot.
2K. VIRGINIA TECH FOUNDATION, #06-0487, requests
authorization to install
173 feet of steel sheet bulkhead at a maximum of 2 feet in front of an
existing
failing timber bulkhead adjacent to their property situated along the
Hampton
River in Hampton. Staff recommends a royalty of $306.00 for the filling
of 306
square feet of State-owned submerged bottom at a rate of $1.00 per
square foot.
2L. VIRGINIA DEPARTMENT OF TRANSPORTATION, #06-0330,
requests
authorization to impact 40 linear feet of Beaverdam Creek during
repairs to
Hibbs Bridge in Loudoun County. The streambed around the pier and
abutments will
be excavated approximately 12 inches and riprap will be installed to
prevent
erosion and scour.
2M. TOWN OF WARSAW, #06-0151, requests authorization
to construct a new
8-inch diameter sanitary sewer effluent diffuser that will extend 64
feet into
Totuskey Creek approximately 2,500 linear feet downstream of Route 3.
This
extension and relocation is to facilitate improvements to the Town of
Warsaw
WWTP in Richmond County and is in keeping with a DEQ Consent Order and
VPDES
permit that DEQ has recently issued. Recommend an instream time of year
restriction from March 15 through June 30 (for pipeline installation)
to
minimize adverse impacts on anadromous fish.
