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COMMISSION ACTIONS FEBRUARY 2010

The following are the agenda items from the Commission's regular meeting held February 23, 2010 at Commission headquarters.  The Commission's actions are in bold.


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APPROVAL OF AGENDA.  THE AGENDA WAS APPROVED UNANIMOUSLY 9-0, WITH ALL COMMISSIONERS PRESENT, AFTER IT WAS AMENDED TO REMOVE ITEM #7 FROM CONSIDERATION AT THE APPLICANT'S REQUEST.,
[Audio Agenda]

1.  MINUTES of previous meeting.  THE MINUTES OF THE COMMISSION'S JANUARY MEETING WERE APPROVED 7-0, WITH ASSOCIATE COMMISSIONERS BILL LAINE AND J.T. HOLLAND ABSTAINING BECAUSE THEY WERE ABSENT FROM THAT MEETING.
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THESE 12 SO-CALLED PAGE 2 ITEMS, DELINEATED BELOW IN DETAIL, WERE APPROVED UNANIMOUSLY, 9-0.
[Audio Item 2]

3.  CONSENT AGENDA ITEMS.  THERE WERE NO CONSENT AGENDA ITEMS TO BE HEARD AT THIS MONTH'S MEETING.

4.  CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.  NOT NECESSARY.
[Audio Item 3-4]

5.  NORVIEW MARINA, #09-1444, requests authorization to dredge 270 cubic yards of subaqueous material from a 6800 square foot area adjacent to an existing boatslip, boat ramp, and travel lift area to provide maximum depths of minus six and one-half (-6.5) feet at mean low water adjacent to the Norview Marina situated along Broad Creek at 18691 General Puller Highway in Middlesex County.  The project is protested by a nearby property owner.  THE PROJECT WAS APPROVED UNANIMOUSLY AS PROPOSED, IN KEEPING WITH STAFF RECOMMENDATION.
[Audio Item 5]

6.  DEPARTMENT OF GAME AND INLAND FISHERIES, ET AL, #08-0856. VDGIF, in cooperation with Mary Washington University, requests authorization to install a floating dock system for their crew team which includes a floating platform, an attached chase boat dock, a ramp hinged to an upland cement pad, and to install approximately 12 linear feet of riprap revetment extending a maximum of five feet channelward of mean high water, adjacent to DGIF property at the city dock off of Sophia Street along the Rappahannock River in the City of Fredericksburg.  The project is protested by the National Park Service and the George Washington Foundation.  THE PROJECT WAS APPROVED UNANIMOUSLY AS PROPOSED, IN KEEPING WITH STAFF RECOMMENDATION.
[Audio Item 6]

7.  MARSHALL SEAFOOD, #2009-025, requests authorization to lease approximately 70 acres of oyster planting ground within Timberneck Creek in Gloucester County.  The application is protested by a nearby property owner and leaseholder, and by Timberneck, LLC, also a property owner along the creek.  THIS AGENDA ITEM WAS PULLED FROM CONSIDERATION AT THE APPLICANT'S REQUEST AND WILL BE CONSIDERED AT A LATER DATE.
[Audio Agenda]

8.  PUBLIC COMMENTS:  ELLIS JAMES OF CHESAPEAKE SPOKE AGAINST OFFSHORE DRILLING AND ANY POTENTIAL ENVIRONMENTAL DAMAGE IT COULD CAUSE TO FISHERIES OR THE COMMERCIAL FISHING INDUSTRY.
[Audio Item 8]

9.  THOMAS MOORE:  Review of request to license and locate a pound net in Chesapeake Bay, 3,200 yards north of Dividing Creek.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE APPLICATION FOR AN ADDITIONAL POUND NET IN THAT AREA OF THE NORTHERN NECK. 
[Audio Item 9]

10.  PUBLIC HEARING:  Consideration of amendments to regulation 4VAC20-530-10 et seq., to establish a commercial American shad bycatch fishery for 2010.  THE COMMISSION VOTED UNANIMOUSLY TO CONTINUE THE CURRENT AMERICAN SHAD BYCATCH REGULATIONS FOR THE 2010 SEASON.
[Audio Item 10]

11.  PUBLIC HEARING:  Consideration of amendments to Regulation 4VAC20-620-10 et seq., to establish summer flounder recreational fishery measures for 2010.  THE COMMISSION VOTED 8-1 TO LOOSEN THE FLOUNDER SIZE REGULATIONS FOR THE 2010 SEASON.  THE NEW REGULATIONS SET THE FLOUNDER SIZE LIMIT AT 18.5 INCHES BUT LOWER THE CREEL LIMIT FROM FIVE TO FOUR FISH PER DAY, WITH NO MID-SEASON CLOSURE.  COMMISSIONER LAINE VOTED AGAINST THE MEASURE, PREFERRING TO LOWER THE SIZE LIMIT FROM LAST YEAR'S 19-INCH LIMIT TO 18.5 INCHES AND MAINTAIN THE FIVE-FISH CREEL LIMIT.  A LOOSENING OF THE CATCH REGULATIONS WAS POSSIBLE BECAUSE OF AN INCREASED HARVEST QUOTA AUTHORIZED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.
[Audio Item 11]

12.  PUBLIC HEARING:  Consideration of amendments to Regulation 4VAC20-620-10 et seq., to adjust the commercial summer flounder bycatch fishery limits.  THE COMMISSION VOTED UNANIMOUSLY, 9-0, TO ADJUST THE FLOUNDER BYCATCH LIMITS AS RECOMMENDED BY AN AD-HOC COMMITTEE OF INDUSTRY REPRESENTATIVES.  THE NEW REGULATION IS INTENDED TO PREVENT LANDINGS OF UNMARKETABLE FISH IN ORDER TO GAIN A LARGER CATCH OF FLOUNDER FOR SALE AS BYCATCH.
[Audio Item 12]

13.  PUBLIC HEARING:  Consideration of amendments to Regulation 4VAC20-380-10 et seq., to establish new restrictions for the grey trout (weakfish) commercial and recreational fisheries to comply with the Interstate Fishery Management Plan.  THE COMMISSION VOTED 7-2 TO REDUCE THE DAILY LIMIT OF SIX WEAKFISH TO ONE FISH A DAY FOR RECREATIONAL ANGLERS, AND TO REDUCE THE COMMERCIAL HARVEST TO 100 POUNDS PER DAY OR TRIP, WHICHEVER IS LONGER, IN ORDER TO MEET MANDATED ATLANTIC STATES MARINE FISHERIES COMMISSION HARVEST REDUCTIONS.  THE REDUCTIONS WERE A RESULT OF DATA THAT SHOWS THE SPECIES HAS BEEN HIGHLY DEPLETED ON A COASTWIDE BASIS.  THE CATCH REDUCTIONS WILL TAKE EFFECT MAY 1, 2010.  ASSOCIATE COMMISSIONERS RICK ROBINS AND ED TANKARD VOTED AGAINST THE MEASURE BECAUSE THEY PREFERRED AN EARLIER ENACTMENT DATE OF MARCH 1.
[Audio Item 13]

14.  PUBLIC HEARING:  Consideration of amendments to Regulation 4VAC20-490-10 et seq., to establish new restrictions for the shark fisheries to comply with the Interstate Fishery management Plan.  THE COMMISSION UNANIMOUSLY APPROVED TWO CHANGES TO THE SHARK REGULATIONS IN ORDER TO COMPLY WITH MANDATED ATLANTIC STATES MARINE FISHERIES COMMISSION HARVEST REDUCTIONS.
[Audio Item 14]

15.  PUBLIC HEARING:  Consideration of amendments to regulations 4VAC20-950-10 et seq. and 4VAC20-910-10 et seq., to establish commercial and recreational black sea bass fishery measures and scup commercial fishery measures.  THE COMMISSION VOTED UNANIMOUSLY TO INSTITUTE A SPLIT SEASON FOR BLACK SEA BASS RECREATIONAL ANGLERS, FROM MAY 22 THROUGH AUGUST 8, AND FROM SEPT. 4- OCT. 4.  THE SUMMER COMMERCIAL SCUP QUOTA WAS SET AT 6,861 POUNDS.
[Audio Item 15]

16.  PUBLIC HEARING:  Consideration of amendments to regulation 4VAC20-720-10 et seq., to reopen Rotation Area 5, in the Rappahannock River, to the harvest of oysters, by hand scrape, during the month of March 2010.  THE COMMISSION VOTED UNANIMOUSLY TO REOPEN ROTATIONAL AREA 5 IN THE RAPPAHANNOCK RIVER FOR MARCH.
[Audio Item 16]

17.  REQUEST FOR PUBLIC HEARING to consider amendments to regulation 4VAC20-960-10 et seq.  That would revise the closed season, for the commercial tautog fishery.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE REQUEST FOR A PUBLIC HEARING IN MARCH.
[Audio Item 17]

18.  REQUEST FOR PUBLIC HEARING to consider new regulations pertaining to public health and warm-water shellfish harvest restrictions.  THE COMMISSION VOTED UNANIMOUSLY FOR A PUBLIC HEARING IN MARCH TO DISCUSS A WIDE RANGE OF SHELLFISH HARVESTING REGULATIONS REQUESTED BY THE DEPARTMENT OF HEALTH TO STRENGTHEN SHELLFISH HANDLING AND CONSUMER SAFETY MEASURES DURING SUMMER MONTHS.  THE COMMISSION DISCUSSED THE POSSIBLE REGULATIONS AT LENGTH AND REQUESTED THE DEPARTMENT OF HEALTH ATTEND NEXT MONTH'S MEETING TO ANSWER QUESTIONS ON A SERIES OF NEW MEASURES THAT COULD BE BURDENSOME TO COMMERCIAL WATERMEN.
[Audio Item 18]

19.  REQUEST FOR APPROVAL of the 2010 Oyster Replenishment Program, and the associated Procurement Procedures.  THE COMMISSION UNANIMOUSLY APPROVED THE 2010 OYSTER REPLENISHMENT PROGRAM AND THE ASSOCIATED PROGRAM PROCUREMENT PROCEDURES.
[Audio Item 19]

20.  Individual cases concerning failure to report commercial harvests in compliance with Commission regulation. 
TWO WATERMEN WERE PUT ON PROBATION FOR A YEAR FOR NOT PROMPTLY FILING MANDATORY DAILY HORSESHOE CRAB CATCH REPORTS. [Audio Item 20]

21.  REPEAT OFFENDERS:  TWO WATERMEN WERE PUT ON ONE YEAR OF PROBATION FOR POSSESSION OF UNCULLED OYSTERS IN MOBJACK BAY.   A THIRD WATERMAN WAS SUSPENDED UNTIL HE APPEARS BEFORE THE COMMISSION TO EXPLAIN CONSERVATION VIOLATIONS.
[Audio Item 21]

THE FOLLOWING 12 SO-CALLED PAGE 2 ITEMS WERE APPROVED UNANIMOUSLY:

PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval).

2A.  WISE COUNTY BOARD OF SUPERVISORS, #09-1726, requests authorization to install a submerged sewer line beneath 382 linear feet of the Guest River and/or its tributaries to facilitate construction of the Stephens Guest River Interceptor Sewer Project in Wise County. Recommend approval with our standard instream permit conditions.

2B.  MICHAEL BOGESE, JR., #09-0228, requests authorization to construct a 5-foot wide by 16-foot long open pile pedestrian footbridge and to stabilize approximately 1,000 linear feet of eroding shoreline through the installation of six breakwaters and the placement of 5,800 cubic yards of beach nourishment material at his property situated along the James River in Charles City County.  Recommend approval with a royalty of $1,345.70 for beach nourishment material over 26,914 square feet of State owned subaqueous lands at a rate of $0.05 per square foot. 

2C.  CITY OF HAMPTON, #09-1673, requests authorization to install two (2) 295-foot long stone breakwaters and nourish with approximately 2,700 cubic yards of beach quality sand adjacent to Buckroe Beach situated along the Chesapeake Bay in Hampton.

2D.  U. S. ARMY CORPS OF ENGINEERS, #09-1815, requests authorization to place approximately 110,000 cubic yards of sandy dredged material per dredge cycle, from the maintenance dredging of the Chincoteague Inlet Federal Navigation Channel, along approximately 4,400 feet of shoreline east of the stone riprap on Wallops Island or within the previously used overboard site located southwest of Chincoteague Inlet in Accomack County. 

2E.  MR. AND MRS. JOHN SHEPPARD, ET AL, #09-1763, request authorization to install two 170 foot long nearshore stone breakwaters adjacent to their property along the Chesapeake Bay in the Butlers Bluff subdivision at 3274, 3284 and 3294 Butlers Bluff Drive in Northampton County.

2F.  CHESAPEAKE PUBLIC WORKS, #09-1799, requests authorization to excavate 262 cubic yards of State owned subaqueous material to re grade 350 linear feet of an unnamed tidal tributary to St. Julian Creek, immediately west of Deep Creek Boulevard in the Camelot Lakes section of Chesapeake.  The project is designed to improve drainage and alleviate flooding in the area and will include the creation of 1,040 square feet of vegetated tidal wetlands from adjacent uplands in the form of a floodplain bench.  Recommend approval with our standard in stream work conditions.

2G.  CITY OF VIRGINIA BEACH, #09-1000, requests authorization to widen the Princess Anne Road bridge crossing over a tributary to the Eastern Branch of the Elizabeth River in the Kempsville area of Virginia Beach.  The existing 8-foot by 10-foot road culverts will be extended horizontally a maximum of 15 feet on the north side, and a maximum of 20 feet on the south side of the roadway.  Approximately 127 cubic yards of State-owned submerged bottom will be dredged to facilitate the culvert installations and connections, and cofferdams will be installed to allow in-stream construction in the dry. 

2H.  VIRGINIA ELECTRIC AND POWER COMPANY, #09-1062, requests permission to install an aerial 230 kV transmission line from the Ladysmith CT Switching Substation to the Fredericksburg Four Rivers 230 kV line, the transmission line will cross the Matta River in three separate locations for a total of 373 linear feet.  Staff recommends a royalty of $2238.00 be assessed for the encroachment over 746 (two lines) linear feet of State owned subaqueous bottom at a rate of $3.00 linear foot.

2I.  POQUOSON MARINA ASSOCIATES, LLC, #07-1569, requests a modification to a previously authorized marina redevelopment project to now install and backfill approximately 194-linear feet of bulkhead to replace an existing, deteriorated bulkhead in the vicinity of Docks C and D; to replace and rearrange Docks B and C within the same approximate footprint; and to repair/replace Docks D, F, G, and H within their existing footprints, adjacent to their facility situated along the natural portions of White House Cove at the terminus of Rens Road in the City of Poquoson.  Dredging is no longer requested as part of the proposed modification.  Staff recommends a revised and reduced royalty assessment in the amount of $86,548.00 for the backfilled bulkhead's encroachment over 651 square feet of State-owned submerged land at a rate of $3.00 per square foot, and for the marina's previously unassessed, bold outline encroachment over 84,595 square feet of State-owned submerged land at a rate of $1.00 per square foot.  This assessment takes into account a royalty previously paid (VMRC #83‑0134) for the encroachment of a pier over 200 square feet of State-owned submerged land.

2J.  TOWN OF CLIFTON FORGE, #09-0733, requests authorization to repair the existing abutments of the Nettleton Avenue Bridge by installing concrete subfootings extending approximately two feet channelward of each abutment, adjacent to Nettleton Avenue's crossing over Smith Creek in the Town of Clifton Forge.  The proposed project will also include the temporary installation of cofferdams in order to conduct the necessary abutment repairs within the dry.  Staff recommends inclusion of the standard in-stream conditions and a time-of-year restriction, which would preclude in-stream construction activities between October 1st and March 31st to avoid potential impacts within this DGIF designated wild trout water.

2K.  CITY OF NORFOLK AND OLD DOMINION UNIVERSITY, #09-1797, requests authorization to construct 467 linear feet of stone breakwater/sill and approximately 80 linear feet of low-profile riprap sill/guidewall, backfilled with sand for the creation of approximately 0.69 acres of tidal wetlands at the mouth of an existing drainage canal separating the ODU campus from the City of Norfolk's Lambert's Point Golf Course, and to construct a 10-foot wide by 360-foot long open-pile pier with a 10-foot by 23-foot open-pile observation platform, boat lift, and a 5-foot wide by 60-foot long gangway/ramp leading to a 10-foot wide by 80-foot long floating platform for use by the ODU Sailing Club, adjacent to their properties situated along the Elizabeth River in the City of Norfolk.

2L.  METRO MACHINE CORPORATION, #09-1403, requests authorization to dredge 53,300 cubic yards of State-owned subaqueous material to create a maximum controlling depth of -27 feet at mean low water, within an approximately 158-foot by 572-foot by 284-foot by 718-foot basin located on the east side of Pier 2 at their facility situated along the Eastern Branch of the Elizabeth River in the City of Norfolk.  The proposed project also includes the removal of approximately 650 feet of abandoned 24-inch diameter HRSD sewer line, with the remaining ends capped and sealed.  Staff recommends inclusion of the standard dredging conditions and the assessment of a royalty in the amount of $23,985.00 for the dredging of 53,300 cubic yards of State-owned subaqueous material at a rate of $0.45 a cubic yard.

PAGE 3 ITEMS Consent Agenda Items.

NONE.



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