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COMMISSION ACTIONS JANUARY 2009

The following are the agenda items from the Commission's regular meeting held January 27, 2009 at Commission headquarters. The Commission's actions are in bold.

** APPROVAL OF AGENDA. THE COMMISSION CONTINUED ITEMS #10 AND #11 TO THE FEBRUARY 24, 2009 MEETING AT THE REQUEST OF THEIR ATTORNEY, LARRY CUMMINGS WITH KAUFMAN AND CANOLES. THE COMMISSION ALSO CONTINUED ITEM # 8 AT THE REQUEST OF MR. HARDING'S AGENT, AND ADDED A NEW AGENDA ITEM, #21, TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING ON CRAB POT CULL RING SIZES.

1. MINUTES of previous meeting. THE COMMISSION APPROVED, 8-0, WITH ASSOCIATE COMMISSIONER BILL LAINE ABSENT FROM THE MEETING, THE NOVEMBER 2008 MINUTES AS CIRCULATED. 
[Audio Item 1]

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). ). THE COMMISSION UNANIMOUSLY APPROVED THE SO-CALLED PAGE 2 (ITEMS 2A THRU 2M, AS DETAILED BELOW) AS RECOMMENDED BY STAFF. IN ITEM 2G, THE COMMISSION ALSO APPROVED INSTALLATION OF THE SUBMERGED WATER LINE BY THE OPEN-TRENCH METHOD, IMPOSED STANDARD INSTREAM CONSTRUCTION CONDITIONS, THE ADHERENCE TO INSTREAM TIME-OF-YEAR RESTRICTIONS AS RECOMMENDED BY DGIF, AND UPON THE APPLICANT'S AGREEMENT TO CONDUCT ANY NECESSARY MUSSEL AND FISH SURVEYS/RELOCATIONS REQUIRED BY DGIF. IN ITEM 2M, THE COMMISSION ALSO IMPOSED THE REQUIREMENT FOR THE SUBMITTAL OF A MARINA MANAGEMENT PLAN ACCEPTABLE TO STAFF, AND PROHIBITED ANY OVERNIGHT OCCUPANCY OF BOATS IN THE WETSLIPS.
[Audio Item 2]

3. CONSENT AGENDA ITEMS. NONE

4. CLOSED SESSION. NONE REQUIRED AT THIS MONTH'S MEETING.

5. POTOMAC TIMBER INVESTMENTS #227, LLC, #08-1123, requests authorization to redevelop the Urbanna Yachting Center Marina at their property situated along Urbanna Creek at 15 Watling Street in the Town of Urbanna. The proposed redevelopment includes the demolition of the northern boathouse and the demolition of most of the southern boathouse, as well as most of the existing open pile piers. A total of 139 boat slips are proposed to exist at the marina after completion of the renovations. The project is protested by numerous residents. THE COMMISSION VOTED 6-2 (ASSOCIATE COMMISSIONERS SCHICK AND HOLLAND VOTING NO) TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF WITH SEVERAL ADDITIONAL MODIFICATIONS. THE ADDITIONAL MODIFICATIONS IMPOSED BY THE COMMISSION INCLUDED A PROHIBITION AGAINST THE MOORING OF VESSELS ON THE OUTBOARD SIDE OF "F" DOCK T-HEAD, THAT THERE BE NO ADDITIONAL CHANNELWARD ENCROACHMENT OF "D" DOCK, AND THAT "G" DOCK MAY EXTEND NO FURTHER THAN THE EXISTING BOATHOUSE.
[Audio Item 5]

6. GEORGE CLARKE, ET AL, #07-2631, requests authorization to construct three (3) offshore stone breakwaters with beach nourishment situated along the Chesapeake Bay adjacent to the Sand Hills subdivision in the Savage Neck area of Northampton County. The project is protested by an adjacent property owner. THE COMMISSION UNANIMOUSLY VOTED TO APPROVE THE PROJECT IN ACCORDANCE WITH THE RECOMMENDATION OF STAFF.
[Audio Item 6

7. MR. & MRS. ERNEST S. HARDING III, #08-0711, request authorization to construct a 4 slip community pier at their property situated along Lower Machodoc Creek in Westmoreland County. The project is protested by several adjacent and nearby property owners. CONTINUED TO THE FEBRUARY MEETING AT THE REQUEST OF THE APPLICANT'S AGENT.

8. DOUGLAS RILEY, ET AL, #08-2032, requests authorization to riprap their existing shoreline and grade an existing bluff at their properties situated along the York River in York County. Both dunes and beaches and subaqueous permits are required. THE COMMISSION UNANIMOUSLY APPROVED THE REQUEST IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF.
[Audio Item 8]

9. LUCK STONE, #08-2268, requests authorization to expand their existing loading dock (South Richmond Facility) situated along the James River in the City of Richmond. Both wetlands and subaqueous permits are required. THE COMMISSION UNANIMOUSLY APPROVED THE REQUEST IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF.
[Audio Item 9]

 10. LAWSON PROPERTY CONVEYANCE. Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 22,400 square feet (0.51 acres) of previously filled State owned subaqueous lands in Hampton authorized by Chapter 875, Acts of Assembly 2007. CONTINUED TO THE FEBRUARY 24, 2009 MEETING AT THE REQUEST OF THE APPLICANT'S COUNSEL.

11. S & S MARINE PROPERTY CONVEYANCE. Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of two parcels totaling 12,100 square feet (0.28 acres) of previously filled State owned subaqueous lands in Hampton as authorized by Chapter 875, Acts of Assembly 2007. CONTINUED TO THE FEBRUARY 24, 2009 MEETING AT THE REQUEST OF THE APPLICANT'S COUNSEL.

12. PUBLIC COMMENTS FRANCES PORTER OF THE VIRGINIA SEAFOOD COUNCIL REQUESTED THE COMMISSION SCHEDULE A PUBLIC HEARING ON A COUNCIL PROPOSAL TO PLACE STERILE ARIAKENSIS OYSTERS IN SECTIONS OF THE BAY AS PART OF AN ONGOING STUDY ON THE NON-NATIVE SPECIES. THE COMMISSION AGREED TO DO THAT.
[Audio Items 10-12]

13. DISCUSSION: Setting the 2009 recreational summer flounder fishery measures. Request for a February 2009 public hearing. A PUBLIC HEARING FOR FEBRUARY WAS APPROVED UNANIMOUSLY AFTER THE COMMISSION AGREED TO ADVERTISE FOR PUBLIC COMMENT THREE MANAGEMENT OPTIONS THAT SLIGHTLY LOOSEN LAST YEAR'S RECREATIONAL FLOUNDER CATCH LIMITS.
[Audio Item 13]

14. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20 490 10 et seq., "Pertaining to Sharks," to comply with the Interstate Fishery Management Plan for Atlantic coastal sharks. THE COMMISSION DISCUSSED THIS PROPOSAL TO OVERHAUL THE COMMERCIAL AND RECREATIONAL SHARK SIZE AND CATCH LIMITS AND AGREED TO VOTE ON THE MATTER NEXT MONTH.
[Audio Item 14]

15. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20 270 10 et seq., "Pertaining to Crabbing," to allow the setting of fish pots from March 12 16 in Virginia waters of the Potomac River, upriver of the Route 301 bridge. THE COMMISSION APPROVED THIS UNANIMOUSLY.
[Audio Item 15]

16. PUBLIC HEARING: Proposed Regulation 4VAC20 1190 10 et seq., "Gill Net Control Date," to establish December 31, 2005, as the control date. THE COMMISSION APPROVED THIS UNANIMOUSLY.
[Audio Item 16]

17. REPORT ON CRAB LICENSE FEES DEPUTY FISHERIES CHIEF ROB O'REILLY REPORTED ON A STUDY CONDUCTED ON THE IMPACT OF DECLINING CRAB LICENSE FEES ON THE MARINE PRODUCTS BOARD, WHICH IS PARTLY FUNDED THROUGH A PORTION OF THOSE LICENSE FEES. HE TOLD THE COMMISSION THAT THE BOARD WILL RECEIVE ROUGHLY $36,000 LESS THIS YEAR IN THEIR $250,000 TOTAL BUDGET BECAUSE OF DECLINING COMMERCIAL CRAB LICENSE SALES.
[Audio Item 17]

18. INDIVIDUAL APPEALS OF COMMISSION DECISION TO PLACE CERTAIN CRAB POT AND PEELER POT LICENSES ON A WAITING LIST UNTIL RECOVERY OF THE BLUE CRAB POPULATION. THE COMMISSION UNANIMOUSLY AGREED TO REACTIVE 50 CRAB LICENSES THAT WERE PLACED ON A WAITING LIST UNTIL THE BAYWIDE CRAB POPULATION RETURNS TO ACCEPTABLE LEVELS OF ABUNDANCE. THE COMMISSION RECEIVED 58 APPEALS OUT OF ROUGHLY 730 LICENSES THAT WERE RENDERED INACTIVE AND PUT ON THE WAITING LIST BECAUSE THE LICENSE OWNERS HAD NOT REPORTED ANY CRAB HARVEST SINCE 2004.
[Audio Item 18]

19. CASES CONCERNING FAILURE TO REPORT COMMERCIAL HARVEST. SEVERAL WATERMEN'S LICENSES WERE REINSTATED AND THEY WERE PUT ON ONE YEAR OF PROBATION AFTER THEY FULLY REPORTED THEIR HARVESTS, AS REQUIRED.
[Heard During Public Comment]

20. RESOLUTION TO GOVERNOR KAINE; requesting support in development of amendments to the biennial budget to include sufficient funds for the Agricultural Best Management Practices Cost Share Program. THE COMMISSION APPROVED THIS UNANIMOUSLY, 8-0.
[Audio Item 20]

21. SET A PUBLIC HEARING IN FEBRUARY; amend crab regulations to require crab pots in the 2009 hard pot crab season contain two (2) cull rings each measuring 2 3/8th inches. THE COMMISSION APPROVED THIS UNANIMOUSLY.
[Audio Item 21]

22. COMMERCIAL WATERMAN WITH RAPP RIVER OYSTER SUMMONSES 
[Audio Item 22]

THESE SO-CALLED PAGE TWO ITEMS WERE APPROVED UNANIMOUSLY AS RECOMMENDED BY STAFF:

2A. PRINCE WILLIAM COUNTY SERVICE AUTHORITY, #08 2000, requests authorization to install by the aerial method 80 linear feet of new 24 inch diameter sanitary sewer line. The new sewer line will cross Quantico Creek and run parallel to an existing sewer line. The aerial crossing will be five (5) feet above ordinary high water.

2B. THE NATURE CONSERVANCY, ET AL, #08-2183, requests authorization to restore approximately 4,400 linear feet of Blacks Run, Seibert Creek and an unnamed tributary to Seibert Creek which will include the installation of rock vanes, cross vanes, j hooks and wood combination structures, excavate approximately 1,200 cubic yards of material from pools, and relocate sections of the stream channel at Purcell Park in Rockingham County.

2C. QWEST, #08-1926, requests authorization to install 100 linear feet of fiber optic cable by the directional bore method at least 4 feet beneath Beaverdam Run along Loudoun County Parkway between Smith Switch Road and Route 7 in Loudoun County. Staff recommends a royalty in the amount of $300.00 for the encroachment under 100 linear feet of State owned subaqueous bottom at a rate of $3.00 per linear foot.

2D. FLUOR LANE, LLC, #06-2376, requests authorization to modify their previously issued permit to increase temporary impacts associated with construction access from 13,948 square feet of Accotink Creek to 24,410 square feet for the construction of High Occupancy Toll Lanes and related infrastructure along a stretch of the I 495 Beltway in Fairfax County.

2E. CITY OF NEWPORT NEWS, #08-1721, requests authorization to maintenance dredge 20,027 cubic yards of State-owned subaqueous bottom material from the James River to achieve a maximum depth of minus seven and one half (-7.5) feet from the entrance channel to Leeward Marina and minus nine and one half (-9.5) feet along the James River at Huntington Park in Newport News. Staff recommends inclusion of our standard dredging conditions.

2F. TAZEWELL COUNTY BOARD OF SUPERVISORS, #08-1223, requests authorization to relocate 580 linear feet of the Bluestone River, 310 linear feet of an unnamed tributary stream, install three submerged sanitary sewer crossings and construct five culverted crossings and a new ConSpan precast concrete arch bridge to facilitate construction of the Bluestone Regional Business & Technology Center in Tazewell County. Recommend approval with our standard instream permit conditions, transfer of State title to the relocated channel, and a permit condition wherein the Permittee agrees to conduct any necessary mussel, fish and/or crayfish surveys/relocations and adhere to any instream work time of year restrictions as recommended by the Department of Game and Inland Fisheries.

2G. SCOTT COUNTY PUBLIC SERVICE AUTHORITY, #08 2168, requests authorization to install a submerged water line, by directional bore method, beneath 220 linear feet of the Clinch River immediately upstream of the U.S. Route 58 bridge in Scott County.

2H. DEPARTMENT OF GAME AND INLAND FISHERIES, #08 2223, requests authorization to demolish an existing public boat ramp and tending pier and construct a new 73' long by 16' wide concrete boat ramp, with 116 linear feet of riprap scour protection, and a new 6' wide by 47' long open pile tending pier with a 6' wide by 30' long L head at property situated immediately downstream of the Route 3 bridge on Totuskey Creek in Richmond County.

2I. SIX M, LLC, #07 1590, requests authorization to install and backfill approximately 195 linear feet of steel sheet pile bulkhead aligned a maximum of four feet channelward of mean low water, adjacent to their property situated along an unnamed tributary to the Eastern Branch of the Elizabeth River in the City of Norfolk. Staff recommends the assessment of a royalty in the amount of $1,190.00 for the backfilled bulkhead's encroachment over 238 square feet of State owned subaqueous land at a rate of $5.00 per square foot.

2J. CARMELO AND NARDE GOMEZ, #08 0716, requests authorization to install 490 linear feet of timber bulkhead aligned a maximum of five feet, but an average of two feet, channelward of an existing deteriorated bulkhead, and to install eight (8) 7 pile mooring dolphins adjacent to the proposed bulkhead, adjacent to their property situated along an unnamed tributary of the Eastern Branch of the Elizabeth River in the City of Norfolk. Staff recommends the assessment of a royalty in the amount of $5,575.00 for the backfilled bulkhead's encroachment over 1,035 square feet of State owned subaqueous land at a rate of $5.00 per square foot and for the mooring dolphins' encroachment over 200 square feet of State owned subaqueous land at a rate of $2.00 per square foot.

2K. CHESTERFIELD COUNTY DEPARTMENT OF TRANSPORATION, #08-2064, requests authorization to construct a vehicular bridge over Swift Creek Reservoir ((Deep Creek) in conjunction with causeway improvements and widening of Woolridge Road in Chesterfield County.

2L. U. S. ARMY CORPS OF ENGINEERS, #03-1365, requests an extension of their existing permit which allows for the placement of up to 3 million cubic yards of dredged material from State-owned subaqueous bottomland within the middle portion of the James River Federal Navigation Project within the James River. The current permit, issued in February of 2004, expires on February 24, 2009. The request is for an additional five years. The Corps has also requested a waiver of a portion of the current time-of-year restriction, from February 15 through March 7, 2009, only, in conjunction with a proposed Atlantic Sturgeon tracking study to be conducted during the same dates.

2M. ROBIOUS INVESTMENTS, INC., #08-1614, requests authorization to construct a 30- foot wide concrete slab boat ramp up to 22 feet channelward of ordinary high water; to construct an 8-foot by 60-foot tending pier adjacent to the boat ramp; to construct a 10- foot by 90-foot fixed pier with three (3) 8-foot by 20-foot floating piers, creating up to six (6) wetslips; and to install 90 linear feet of bulkhead up to a maximum of three (3) feet channelward of ordinary high water, all being within the James River in conjunction with a proposed river front park for residents of the Tarrington on the James subdivision in Chesterfield County. Recommend a time of year restriction for construction activities from March 15 through June 30 of any year. Recommend a royalty of $330.00 at a rate of $0.50 per square foot for the impact to 660 square feet State owned subaqueous bottomlands for the boat ramp, and a royalty of $4,698.00 at a rate of $1.50 per square foot for the encroachment over 3,132 square feet of State owned subaqueous bottomland for the tending, fixed, and floating piers and wet slip area, for a total royalty of $5,028.00.


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