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COMMISSION ACTIONS FEBRUARY 2009

The following are the agenda items from the Commission's regular meeting held February 24, 2009 at Commission headquarters. The Commission's actions are in bold.

** APPROVAL OF AGENDA.  APPROVED AS AMENDED ON A VOTE TO 8-0 WITH ASSOCIATE COMMISSIONER KYLE SCHICK ABSENT FROM THE MEETING.

1.  MINUTES of previous meeting.  UNANIMOUSLY APPROVED BOTH DECEMBER AND JANUARY MEETING MINUTES.
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THESE SEVEN SO-CALLED PAGE TWO ITEMS (LISTED BELOW IN DETAIL) WERE APPROVED UNANIMOUSLY AS RECOMMENDED BY STAFF.
[Audio Item 2]

3.  CONSENT AGENDA ITEMS.   NONE

4.  CLOSED SESSION.  THIS WAS NOT REQUIRED ALTHOUGH COUNSEL BRIEFED THE COMMISSION ON THE DISMISSAL OF THE CASE ALEXANDER V. MRC BY JUDGE TYLER ON THE ISSUE OF STANDING IN A HEARING IN VIRGINIA BEACH CIRCUIT COURT ON FEBRUARY 17, 2009.
 [Audio Item 3-4]

5.  L. CARL FLOYD, ET AL, #08-2214. Commission review, on appeal by the applicants, of the January 20, 2009, decision by the City of Virginia Beach Wetlands Board to deny their proposal to install 350 linear feet of composite bulkhead and access stairs on properties in the Sandbridge Beach subdivision situated along the Atlantic Ocean in Virginia Beach. THIS APPEAL WAS WITHDRAWN BY COUNSEL FOR THE APPELLANTS BY LETTER DATED FEBRUARY 20, 2009.
 [Reference Audio Item 1]

6.  WATERVIEW LANDING, LLC, #08-0534, requests authorization to construct an 8-foot wide by 210-foot long community pier with a 6-foot wide by 40-foot long pierhead and a 41-foot long canoe and kayak launching platform adjacent to their property situated along Harry George Creek in Middlesex County. The project is protested by several nearby residents.  A MOTION TO CONTINUE THIS CASE UNTIL THE MARCH MEETING WAS UNANIMOUSLY APPROVED BY THE COMMISSION ON A REQUEST OF THE PROTESTANTS.
 [Audio Item 6]

7.  GWYNN'S ISLAND CONDOMINIUM UNIT OWNER'S ASSOCIATION, #08-0739, requests authorization to remove an existing portion of their pierhead with seven (7) associated wetslips and to extend the existing pier and mooring poles 70 feet channelward and construct a 97-foot long by 5-foot wide pier-head with pilings and finger piers to create 12 slips for a total of 15 slips at their community pier situated along Milford Haven off Callis Wharf Road in Mathews County. The project is protested by the leaseholders of two nearby parcels of oyster planting ground. THIS WAS CONTINUED BY UNANIMOUS VOTE UNTIL THE MARCH MEETING AT THE REQUEST OF STAFF.
[Reference Audio Item 1]

8.  ROBERT RUGGIERO, #08-2149, requests authorization to install a 160-foot long concrete block bulkhead adjacent to his property along Pocomoke Sound at 8475 Keith's Lane in the Town of Saxis, Accomack County. A Coastal Primary Sand Dune/Beach permit is required.  THE COMMISSION UNANIMOUSLY APPROVED THE INSTALLATION OF A PROPERLY DESIGNED RIPRAP REVETMENT ON THE ALIGNMENT RECOMMENDED BY STAFF AND VIMS, SUBJECT TO THE RECEIPT OF REVISED DRAWINGS.
[Audio Item 8]

9.  VININGS MARINE GROUP, LLC, #07-1161, requests authorization to construct a 16-foot wide by 240-foot long, commercial, floating "super yacht" pier, with a 6-foot wide by 50-foot long access ramp/gangway, and utility lines and stations, adjacent to their property situated along Little Creek in the City of Norfolk. The project is protested by several nearby property owners. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT, AS PER STAFF RECOMMENDATION.
[Audio Item 9]

10. VIRGINIA ELECTRIC & POWER COMPANY, #08-1688, requests authorization to replace existing aerial 230kV and 500kV electric transmission lines by installing an aerial double-circuit 500/230kV electric transmission line from Meadow Brook to Loudoun that will cross ten (10) jurisdictional stream segments in Fauquier and Prince William Counties.  The project is protested by three adjoining property owners in Price William County.  THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT, AS PER STAFF RECOMMENDATION.
[Audio Item 10]

11.  MOON OF NORFOLK CONVEYANCE.  Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 108,466 square feet (2.49 acres) of previously filled State-owned subaqueous lands in Norfolk as authorized by Chapter 884, Acts of Assembly 2006, as limited by Chapter 879, Acts of Assembly 2007.  CONTINUED UNTIL THE MARCH MEETING AT THE REQUEST OF COUNSEL FOR THE GRANTEES.
[Reference Audio Item 1]

12.  FORT NORFOLK LLC CONVEYANCE. Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 4,489 square feet (0.103 acres) of previously filled State-owned subaqueous lands in Norfolk as authorized by Chapter 673, Acts of Assembly 2008. CONTINUED UNTIL THE MARCH MEETING AT THE REQUEST OF COUNSEL FOR THE GRANTEES.
[Reference Audio Item 1]

13.  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. THE COMMISSION UNANIMOUSLY APPROVED THE CONVEYANCE OF THE LANDS AND PROPERTY INTEREST DESCRIBED IN THE REFERENCED ACTS OF ASSEMBLY FOR AN AMOUNT EQUAL TO $51,088.55, IN KEEPING WITH THE FORMULA PROVIDED IN 4 OF THE ACT.
[ Audio Item 13]

14.  S & S MARINE PROPERTY CONVEYANCE. Commission consideration of the appropriate terms, conditions and just compensation for the conveyance of 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.  THE COMMISSION UNANIMOUSLY APPROVED THE CONVEYANCE OF THE LANDS AND PROPERTY INTEREST DESCRIBED IN THE REFERENCED ACTS OF ASSEMBLY FOR AN AMOUNT EQUAL TO $26,850.53, IN KEEPING WITH THE FORMULA PROVIDED IN 4 OF THE ACT.
[ Audio Item 14]

15.  DISCUSSION: Update of the Commission's General Permit for Emergency Situations and Water Quality Improvement Projects (4VAC 20-395-10) involving activities in nontidal waterways and request for public hearing. THE COMMISSION UNANIMOUSLY APPROVED HOLDING A PUBLIC HEARING IN APRIL ON THE PROPOSED REVISIONS TO 4VAC 20-395-10.
[ Audio Item 15]

16.  PUBLIC COMMENTS:  A WATERMEN REPRESENTATIVE EXPRESSED CONCERN OVER RECENT LAW ENFORCEMENT CITATIONS ISSUED FOR IMPROPER GILL NET SIZE UNDER FEDERAL REGULATIONS DESIGNED TO PROTECT SOME MARINE MAMMALS. A REPRESENTATIVE OF THE NATIONAL MARINE FISHERIES COMMISSION DISCUSSED THE REGULATIONS.
[ Audio Item 16]

17.  PUBLIC HEARING: Establishing the 2009 recreational summer flounder management measures (Regulation 4 VAC 20-620-10 et seq.)  THE COMMISSION VOTED UNANIMOUSLY TO CONTINUE THE 19 INCH SIZE LIMIT ON SUMMER FLOUNDER, BUT AGREED NOT TO ENACT A MID-SEASON CLOSURE, AS WAS NECESSARY IN 2008.
[Audio Item 17]

18.  CONFORMING VARIOUS REGULATORY REQUIREMENTS TO THE 2009 CALENDAR YEAR THE COMMISSION UNANIMOUSLY APPROVED TWO EMERGENCY REGULATIONS TO CONFORM SHAD AND BLUE CRAB REGULATIONS TO THE 2009 CALENDAR, AND APPROVED PUBLIC HEARINGS FOR THE MARCH MEETING TO CONSIDER MAKING THOSE CHANGES PERMANENT.
[ Audio Item 18]

19.  PUBLIC HEARING: Adding efficiency to the requirements for cull rings in crab pots (Regulation 4 VAC 20-700-10 et seq.)  THE COMMISSION VOTED 7-1, WITH ASSOCIATE COMMISSIONER ERNIE BOWDEN AGAINST, TO REQUIRE THAT CRAB POTS CONTAIN ONLY TWO CULL RINGS MEASURING AT LEAST 2 3/8TH INCHES, AND NO LONGER REQUIRE TWO ADDITIONAL, SMALLER CULL RINGS.
[Audio Item 19]

20.  PUBLIC HEARING: Virginia Seafood Council 2009 study of Crassostrea ariakensis.  THE COMMISSION HEARD FROM PROPONENTS AND OPPONENTS OF A PROPOSAL TO CONTINUE ANOTHER YEAR OF EXPERIMENTS ON THE NONNATIVE ARIAKENSIS OYSTER. A DECISION ON THE STUDY REQUEST WILL COME IN 30-60 DAYS, AS REQUIRED BY STATE LAW.
[Audio Item 20]

21.  FINAL DECISION ON AMENDMENTS TO REGULATION 4 VAC 20-490-10 ET SEQ., "Pertaining to Sharks", to comply with the Interstate Fishery Management Plan for Atlantic coastal sharks (a public hearing was held in January).  THE COMMISSION APPROVED THESE SHARK REGULATIONS UNANIMOUSLY, AFTER CLARIFYING THAT THEY DO NOT PROHIBIT AT-SEA PROCESSING OR A RECREATIONAL LIMIT ON SMOOTH DOGFISH.
[Audio Item 21]

22.  BLACK SEA BASS: Establish a 12 -inch minimum size limit for the Virginia recreational fishery, to comply with ASMFC requirements. Request for a March 2009 public hearing.  A PUBLIC HEARING FOR MARCH WAS APPROVED UNANIMOUSLY.
[Audio Item 22]

23.  APPROVAL OF THE 2009 REPLENISHMENT PLAN AND ASSOCIATED PROCUREMENT METHODS.  A SCALED-BACK OYSTER SHELL AND SEED PROGRAM WAS APPROVED UNANIMOUSLY, 7-0. AVAILABLE STATE AND FEDERAL MONEY FOR THE PROGRAM HAS DROPPED DRAMATICALLY OVER THE PAST TWO YEARS.
[Audio Item 23 part 1]   [Audio Item 23 part 2]

24.  REQUEST FOR A MARCH 2009 PUBLIC HEARING TO ESTABLISH A ONE MONTH SEASON FOR THE TAKING OF POLLUTED OYSTERS FROM RUSS ROCK IN THE RAPPAHANNOCK RIVER.  A PUBLIC HEARING ON THIS SEAFOOD INDUSTRY REQUEST WAS APPROVED UNANIMOUSLY.
[Audio Item 24]

25.  INDIVIDUAL APPEALS OF COMMISSION DECISIONS TO PLACE CERTAIN CRAB POT AND PEELER POT LICENSES ON A WAITING LIST, UNTIL THE RECOVERY OF THE CHESAPEAKE AREA BLUE CRAB STOCK.  THE COMMISSION DENIED 11 OUT OF 22 APPEALS FOR REINSTATEMENT OF CRAB LICENSES PLACED ON A WAITING LIST LAST YEAR BECAUSE THEY HAD NOT BEEN USED SINCE 2004.  THE 11 SUCCESSFUL APPEALS WERE GRANTED FOR MEDICAL, MILITARY OR OTHER HARDSHIPS.
[Audio Item 25 PM][Audio Item 25 AM]

26.  REPEAT OFFENDERS.  A WATERMAN WAS PUT ON PROBATION FOR ONE YEAR FOR A SECOND VIOLATION OF CONSERVATION REGULATIONS, WHILE A SECOND WATERMAN'S LICENSE WAS SUSPENDED UNTIL HE APPEARS BEFORE THE COMMISSION TO ANSWER FOR REPEATED REGULATION VIOLATIONS.
[Audio Item 26]

THE FOLLOWING SO-CALLED PAGE TWO ITEMS WERE APPROVED UNANIMOUSLY:

2A.  VIRGINIA ELECTRIC & POWER CO., #08-1862, requests authorization to construct a 110 foot-long, utility crossing of the Slate River to install an 18-inch diameter, steel encased, natural gas pipeline using the directional drill method in conjunction with a 13.6 mile gas pipeline to energize the new Bear Garden Generation Station across the James River from Bremo Bluffs Station in Buckingham County. The generated power will be transmitted along a new 520 foot-long 230kV, single circuit, electrical transmission line using existing utility poles. Staff recommends the assessment of a royalty in the amount of $330.00 for the pipeline encroachment under Slate River at a rate of $3.00 per linear foot and $1,560.00 for the encroachment over 520 linear feet of the James River by the transmission line at a rate of $3.00 per linear foot.

2B.  FLOUR ENTERPRISES, INC., #08-2001, requests authorization to cross Aquia Creek and Chapawamsic Creek in Stafford County, Powells Creek and Neabsco Creek in Prince William County and Pohick Creek in Fairfax County, in association with the I95/395 HOV/BUS/HOT Lanes improvement project.

2C.  UPPER OCCOQUAN SEWAGE AUTHORITY, #07-1765, requests authorization to modify their previously authorized permit to include impacts to 341 square feet of Cub Run and Flatlick Branch as a result of removal and replacement of fords and construction access as part of the Cub Run Gravity Delivery System upgrade in Fairfax County.

2D.  CITY OF HAMPTON, #05-1121, requests authorization to reactivate and extend their previously authorized permit to October 31, 2011, to dredge, on an as-needed basis, by either hydraulic or clamshell method, up to 4,000 cubic yards of new material and 10,000 cubic yards of maintenance material, per cycle, to maintain maximum depths of minus nine (-9) feet below mean low water from a 420-foot long channel ranging in width from 70 to 100 feet wide within the Salt Ponds channel in Hampton. All material will be placed above mean low water on the adjacent City of Hampton public beach.

2E.  BUCHANAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, #08-1848, requests authorization to install a submerged sewer line beneath 5,202 linear feet of Poplar Creek to provide municipal sewer service to area residents and the Southern Gap Industrial Development Area in Buchanan County. Recommend approval with our standard instream permit conditions and adherence to any time-of-year restrictions and/or survey requirements recommended by the Department of Game and Inland Fisheries.

2F.  PERKINS CREEK ASSOCIATION, LLC #06-2998, requests authorization to maintenance dredge 6,659 cubic yards of subaqueous material to provide maximum depths of minus three and one-half (-3.5) feet at mean low water within Perkins Creek and the entrance channel to Perkins Creek, a tributary of the Rappahannock River in Middlesex County. The sandy portion of the dredged material is proposed to be placed as beach nourishment on 56,695 square feet of subaqueous bottom along the north side of the Lord Mott Canary property that is now owned by the Williamson Family and is located at the end of Lord Mott Road. The balance of the material is proposed to be disposed of on the upland within "Geotube" bags. Staff recommends approval with our standard dredging conditions and a special condition stating that neither the applicant nor the adjacent property owners will acquire any property interest in the submerged land covered by the sandy dredged material. Staff also recommends the assessment of a royalty of $2834.75 for the encroachment of the sandy dredged material on 56,695 square feet of State-owned submerged land at a rate of $0.05 per square foot.

2G.  U.S. COAST GUARD, CIVIL ENGINEERING UNIT CLEVELAND, #08-1088,
requests authorization to dredge 5,900 cubic yards of State-owned subaqueous material to create and maintain maximum controlling depths of -11 feet at MLW within a small boat basin and minus seven (-7) feet at MLW channelward of an adjacent boat ramp, each with a one-foot over-dredge tolerance, at the USCG Integrated Support Command Portsmouth situated along Craney Island Creek in the City of Portsmouth.



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