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COMMISSION ACTIONS FEBRUARY 25, 2014

** APPROVAL OF AGENDA.  ITEM 11 WAS PULLED FROM THIS MONTH’S AGENDA AND ITEM 20 WAS MOVED UP TO FOLLOW PUBLIC COMMENTS DUE TO THE LARGE NUMBER OF PEOPLE IN ATTENDANCE FOR THIS ITEM.  WITH THESE CHANGES THE AGENDA WAS UNANIMOUSLY APPROVED.
[Audio Agenda]

1.  MINUTES of previous meeting.  THE MINUTES OF THE JANUARY MEETING WERE UNANIMOUSLY APPROVED WITH ONE ABSTENTION BY MR. ERSKINE DUE TO HIS ABSENCE AT THE JANUARY MEETING.
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2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).  THESE THREE SO-CALLED PAGE 2 ITEMS, DELINEATED BELOW AS ITEMS 2A, 2B, AND 2C WERE APPROVED UNANIMOUSLY.
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3.  CONSENT AGENDA ITEMSNONE.
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4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  NONE.
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5.  WALTER COLLINS, #14-0019, requests authorization to construct 35 linear feet of riprap revetment adjacent to his property at 4026B Tanglewood Trail situated along an unnamed cove to the Eastern Branch of the Elizabeth River in Chesapeake.  The project requires a wetlands permit.  THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT, AS RECOMMEND BY STAFF, CONDITIONED ON THE APPLICANT’S AGREEMENT TO PURCHASE WETLANDS CREDITS FROM THE LIBERTYVILLE MITIGATION BANK TO COMPENSATE FOR THE PERMITTED LOSS OF 12 SQUARE FEET OF VEGETATED WETLANDS.
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6.  DOUG CAMPBELL, #11-1159, requests authorization to install a six-foot wide, private, open-pile pier extending 145 feet channelward of mean low water with a 14-foot by 16-foot deck and a 15-foot by 32-foot covered boat slip along Lyons Creek at 156 Pasture Road in the City of Poquoson.  The project is protested by an adjacent property owner and an oyster ground leaseholder. THE PROJECT WAS UNANIMOUSLY APPROVED AS PROPOSED.
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7.  TEMPLETON PAVING, LLC, #12-1690, #13-0622, #13-0623, #13-0624,#13-0627, requests reauthorization to dredge by dragline, between 100 – 7,500 cubic yards of sand per year from State-owned submerged land at their Haedens Bridge site in Goose Creek, Joppa Mill site in Goose Creek, and Otter-Anderson site in the Big Otter River in Bedford County, their Otter #2 site in the Big Otter River in Campbell County and at their Rivanna-Kent site in the Rivanna River in Fluvanna County.  Authorization is also requested for a bridge crossing over Wolf Creek at their Joppa Mill site in Bedford County. The Campbell County Site is protested by an adjacent property owner. THE COMMISSION UNANIMOUSLY VOTED TO APPROVE A 5-YEAR PERMIT WITH A ONE TIME ROYALTY ASSESSMENT OF $2,250 FOR THE HAEDENS BRIDGE (#13-0622) AND JOPPA MILL (#13-0623) MINING SITES ON GOOSE CREEK IN BEDFORD COUNTY WITH A $1,000 CIVIL CHARGE FOR BOTH APPLICATIONS AND THE ASSESSMENT OF A BACK ROYALTY PAYMENT OF $2,250 FOR EACH SITE FOR MINING THAT OCCURRED DURING THE PREVIOUS FIVE YEARS.  THE COMMISSION APPROVAL OF THE JOPPA MILL PROJECT INCLUDES AUTHORIZATION FOR A BRIDGE CROSSING OVER WOLFE CREEK WITH A ROYALTY OF $470.25 FOR THE ENCROACHMENT OF THE BRIDGE OVER 470.25 SQUARE FEET AT A RATE OF $1.00 PER SQUARE FOOT.  THE COMMISSION ALSO VOTED UNANIMOUSLY TO CONTINUE CONSIDERATION OF THE APPLICATIONS FOR THE OTTER-ANDERSON SITE ON THE BIG OTTER RIVER IN BEDFORD COUNTY (#12-1690), OTTER #2 SITE ON THE BIG OTTER RIVER IN CAMPBELL COUNTY (#13-0624), AND RIVANNA-KENT SITE ON THE RIVANNA RIVER IN FLUVANNA COUNTY(#13-0627) TO A FUTURE COMMISSION HEARING. 
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8.  THOMAS DALE GASKINS SEAFOOD, #13-1744, requests authorization to construct an 18-foot wide by 40-foot long, open-pile, timber deck addition to an existing 48-foot long, L-head pier and to change the use of the structure from a private pier to a commercial seafood landing pier situated along Ellyson Creek in Northumberland County.  The project is protested by adjacent and nearby property owners.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE SEAFOOD LANDING PIER CONDITIONED UPON THE APPLICANT’S AGREEMENT TO LIMIT THE NUMBER OF BOATS MOORED AT THE PIER TO FOUR AND WITH CONDITIONS REQUIRING THE DEVELOPMENT AND IMPLEMENTATION OF A SPILL CONTINGENCY PLAN AND THE PLACEMENT AND MAINTENANCE OF WASTE RECEPTACLES ON THE PIER.  A ROYALTY WAS ALSO ASSESSED IN THE AMOUNT OF $1692.00 FOR THE ENCROACHMENT OF THE COMMERCIAL PIER OVER 1128 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $1.50 PER SQUARE FOOT.
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9.  TOWN OF PORT ROYAL, #13-1903, requests authorization to construct a 206-foot long by 8-foot wide community fishing pier with a 40-foot by 10-foot T-head and a dry hydrant comprised of an 80-foot long 6-inch diameter PVC pipe on the pier and to construct a 35-foot long canoe/kayak launch ramp varying in width from 10-foot to 16-foot with a 35-foot long and a 30-foot long riprap groin along each side of the ramp adjacent to Town of Port Royal property off of King Street situated along the Rappahannock River in Caroline County.  The project is protested by both adjoining property owners.  THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT CONDITIONED ON THE RELOCATION OF THE PROPOSED STRUCTURES 8 FEET NORTHWARD TO MINIMIZE THE IMPACTS ON THE DOWNSTREAM PROPERTY OWNER.
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10.  DONALD J. GAWEN, #13-1566, requests authorization to construct a 60-foot long by 12-foot wide by 6 inch thick, concrete private boat ramp which will extend 50 feet channelward of mean low water adjacent to property situated along a cove of Murphys Mill Creek, a tributary to White Point Creek in Westmoreland County. The project is protested by an adjacent property owner.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT IN MODIFIED FORM LIMITING THE LENGTH OF THE BOAT RAMP TO THE LENGTH NECESSARY TO REACH THE MINUS THREE FOOT (-3’) MEAN LOW WATER CONTOUR . 
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11.  MARSHALL B. COX, SR., #13-087S, PULLED FROM THIS MONTH’S AGENDA.
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12.  PUBLIC COMMENTS.  MR. JAMES LANG, AN ATTORNEY REPRESENTING A WATERFRONT PROPERTY OWNER, PROVIDED COMMENTS CONCERNING THE STATUS OF EFFORTS TO REMOVE NUMEROUS VESSELS REPORTEDLY SUNK OR ABANDONED IN A TRIBUTARY OF THE ELIZABETH RIVER NEAR THE CAMPOSTELLA BRIDGE. HE REPORTED THAT THE PROPERTY OWNER HAD REMOVED 8 VESSELS BUT RECOMMENDED THE COMMISSION TAKE FURTHER ACTION TO REQUIRE THE REMOVAL OF 5 VESSELS HE CLAIMED ARE AGROUND. MARINE POLICE OFFICER THOMPSON ALSO REPORTED ON THE STATUS OF THE VESSELS AND THE TIMELINE FOR REMOVAL.
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13.  REPEAT OFFENDERS.  THE COMMISSION CONTINUED TWO CASES BECAUSE THE INDIVIDUALS HAD RECEIVED ADDITIONAL CONVICTIONS FOR WHICH THEY HAD NOT BEEN SUMMONED TO APPEAR.  THEY HEARD SIX CASES INVOLVING REPEAT OFFENDERS. ONE CASE WAS CONTINUED DUE TO A LACK OF VERIFICATION OF RECEIPT OF A NOTICE OF THE HEARING.  THE COMMISSION VOTED UNANIMOUSLY TO REVOKE THE LICENSE OF ONE INDIVIDUAL FOR A PERIOD OF SIX MONTHS. THE COMMISSION ALSO UNANIMOUSLY VOTED TO PLACE TWO INDIVIDUALS ON A TWO YEAR PROBATION AND ONE INDIVIDUAL ON A ONE YEAR PROBATION. FINALLY, THE COMMISSION VOTED 4 TO 1 TO PLACE ANOTHER FISHERMAN ON A ONE YEAR PROBATION. 
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14.  RAYMOND WATSON: Commission consideration of an order to remove a vessel located on state-owned submerged lands at Urbanna Yachting Center in Urbanna Creek in Middlesex County. THE COMMISSION VOTED 4 TO 0, WITH ONE ABSTENTION, TO ORDER MR. WATSON TO REMOVE THE SUNKEN BARGE WITHIN 30 DAYS, FINDING AMPLE PROOF OF OWNERSHIP.  THEY FURTHER REQUESTED THE OFFICE OF THE ATTORNEY GENERAL TO FILE PAPERWORK FOR INJUNCTIVE RELIEF ON DAY 31 IF THE BARGE HAS NOT BEEN REMOVED.  THE COMMISSION ALSO ORDERED MR. WATSON TO HAVE THE BARGE PROFESSIONALLY MARKED AS AN OBSTRUCTION AND HAZARD WITHIN 7 DAYS AND FURTHER REQUESTED THE OFFICE OF THE ATTORNEY GENERAL TO SIMILARLY SEEK INJUNCTIVE RELIEF ON DAY 8 IF THE SUNKEN BARGE HAS NOT BEEN PROPERLY MARKED. 
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15.  REQUEST BY INDUSTRY: Amendments to Chapter 4VAC20-620-10 et seq. “Pertaining to Summer Flounder” to establish March 12, 2014 as the starting date, and establish a 20-day landing period, for the upcoming directed fishery season for summer flounder.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE INDUSTRY'S REQUEST TO PASS EMERGENCY REGULATION AMENDMENTS TO CHAPTER 4VAC20-620-10 ET SEQ. TO ESTABLISH MARCH 12, 2014 AS THE STARTING DATE AND ESTABLISH A 20-DAY LANDING PERIOD FOR THE UPCOMING DIRECTED COMMERCIAL FISHERY SEASON FOR SUMMER FLOUNDER.
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16.  FORMAL HEARINGS: Concerning ineligibility to obtain horseshoe crab pound net permits (Arthur Peter Bender and Edward H. Bender); a Class B Horseshoe Crab Dredge Permit (Arthur Peter Bender); and, a Class A Horseshoe Crab Dredge Permit (Edward H. Bender).  THE COMMISSION FOUND THAT THERE WAS AN ERROR IN ADVERTISING THE PUBLIC HEARING FOR THE DECEMBER 10, 2014, COMMISSION MEETING. THE COMMISSION VOTED UNANIMOUSLY TO HOLD A PUBLIC HEARING ON MARCH 25, 2014 CONCERNING CHAPTER 4VAC20-900-10 AND TO OBTAIN ADDITIONAL INFORMATION FOR THE BENDERS’ FORMAL HEARINGS, WHICH WERE CONTINUED UNTIL THE MARCH MEETING.
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17.  PUBLIC HEARING: Proposed amendments to Chapter 4VAC20-490-10 et seq. “Pertaining to Sharks,” to comply with the federal and interstate management plan for these species.  THE COMMISSION VOTED UNANIMOUSLY TO ADOPT STAFF’S RECOMMENDATION TO MODIFY THE MANAGEMENT GROUP DEFINITIONS TO BE CONSISTENT WITH ASMFC’S INTERSTATE MANAGEMENT PLAN FOR ATLANTIC COASTAL SHARKS, ESTABLISH A RECREATIONAL SIZE LIMIT OF 78 INCHES FOR HAMMERHEAD SHARKS AND INCREASE THE COMBINED COMMERCIAL POSSESSION LIMIT FOR THE AGGREGATED LARGE COASTAL SHARKS AND HAMMERHEAD SHARKS FROM 33 TO 36 SHARKS.  THE COMMISSION ALSO AGREED TO REAFFIRM THE MATTER AT NEXT MONTH’S MEETING TO ENSURE AN ADVERTISING ERROR DOES NOT BECOME A LEGAL PROBLEM.
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18.  REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4VAC20-280-10 et seq. “Pertaining to Speckled Trout and Red Drum,” to lower the commercial maximum size limit, and increase the commercial possession limit, for red drum.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF’S REQUEST FOR PUBLIC HEARING AT THE MARCH 25, 2014 COMMISSION MEETING ON PROPOSED AMENDMENTS TO CHAPTER 4VAC20-280-10 ET SEQ. “PERTAINING TO SPECKLED TROUT AND RED DRUM,” TO LOWER THE COMMERCIAL MAXIMUM SIZE LIMIT, AND INCREASE THE COMMERCIAL POSSESSION LIMIT, FOR RED DRUM. 
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19.  REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4VAC20-950-10 et seq. “Pertaining to Black Sea Bass,” to establish the 2014 commercial quota and recreational season and possession limit for black sea bass.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF’S REQUEST FOR PUBLIC HEARING AT THE MARCH 25, 2014 COMMISSION MEETING ON PROPOSED AMENDMENTS TO CHAPTER 4VAC20-950-10 ET SEQ. “PERTAINING TO BLACK SEA BASS,” TO ESTABLISH THE 2014 COMMERCIAL QUOTA AND RECREATIONAL SEASON AND POSSESSION LIMIT FOR BLACK SEA BASS.
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20.  DISCUSSION: Report from FMAC on speckled trout winter cold-stun events and fishery management considerations.  STAFF PRESENTED MATERIAL RELEVANT TO THE VIRGINIA COLD-STUN EVENTS, RECOMMENDATIONS PROVIDED BY THE FINFISH MANAGEMENT ADVISORY COMMITTEE, AND ANY PUBLIC COMMENT RECEIVED ON THE ISSUE TO DATE. THREE MEMBERS OF THE PUBLIC SPOKE ON THE TOPIC.  THE COMMISSION UNANIMOUSLY APPROVED STAFF’S RECOMMENDATION TO ADOPT EMERGENCY AMENDMENTS TO CHAPTER 4VAC20-280-10 ET SEQ. “PERTAINING TO SPECKLED TROUT AND RED DRUM” TO CLOSE THE RECREATIONAL SPECKLED TROUT FISHING SEASON FROM MARCH 1, 2014 THROUGH JULY 31, 2014.  THE COMMISSION APPROVED STAFF’S RECOMMENDATION FOR ADVERTISING FOR A MARCH 25, 2014 PUBLIC HEARING FOR AMENDMENTS TO CHAPTER 4VAC20-280-10 ET SEQ “PERTAINING TO SPECKLED TROUT AND RED DRUM” TO CONSIDER WHETHER TO REDUCE THE SPECKLED TROUT CREEL LIMIT YEAR ROUND AS AN ADDITIONAL CONSERVATION MEASURE.
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21. DISCUSSION: Request approval of the 2014 Oyster Replenishment Plan and the associated Procurement Procedures.  STAFF PRESENTED TO THE COMMISSION PLANS FOR 2014 OYSTER REPLENISHMENT AND ASSOCIATED PROCUREMENT PROCEDURES.  THIS INCLUDES PLANS TO OBTAIN MORE SHELL AND PLANT SPAT IN VARIOUS LOCATIONS IN VIRGINIA.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE 2014 OYSTER REPLENISHMENT PLAN AND THE ASSOCIATED PROCUREMENT PROCEDURES.
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22. REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4VAC20-510-10 et seq. “Pertaining to Amberjack and Cobia” to establish a commercial hook-and-line possession limit of 6 cobia per vessel. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF’S REQUEST FOR PUBLIC HEARING AT THE MARCH 25, 2014 COMMISSION MEETING ON PROPOSED AMENDMENTS TO CHAPTER 4VAC20-510-10 ET SEQ. “PERTAINING TO AMBERJACK AND COBIA” TO CONSIDER MODIFICATIONS TO THE COMMERCIAL HOOK-AND-LINE POSSESSION LIMIT AND RECREATIONAL POSSESSION LIMIT TO INCLUDE POSSIBLE VESSEL LIMITATIONS. 
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THE FOLLOWING SO-CALLED PAGE TWO ITEMS (PROJECTS OVER $500,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WERE APPROVED UNANIMOUSLY:

2A.  LOUDOUN WATER, #10-2020, requests authorization to modify a previously-authorized permit for the Potomac River Water Supply Project in Loudoun County to include boring 58 linear feet of the raw water transmission line a minimum of 3 feet below Sycolin Creek, install 30 linear feet of riprap not more than 21 feet channelward of ordinary high water in the Potomac River and 26 linear feet of riprap not more than 7 feet channelward of ordinary high water in the Potomac River for protection of two storm water outfalls, moving the location of the raw water intake structure and pipes approximately 35 feet downstream in the Potomac River, and moving the location of the temporary cofferdam approximately 60 feet downstream in the Potomac River.

2B.  CITY OF ALEXANDRIA, #13-1814, requests authorization to install temporary cofferdams and repair four existing weirs in Cameron Run by placing 190 linear feet of riprap at weir #2; 200 linear feet of riprap, as well as repairing an existing concrete energy dissipater using cast-in-place concrete at weir #3; 145 linear feet of riprap at weir #4, and 140 linear feet of riprap at weir #5 adjacent to the 3600 – 4000 blocks of Eisenhower Avenue in the City of Alexandria.

2C.  CORMAN CONSTRUCTION, #14-0011, requests authorization to replace the existing west bound and east bound triple span bridges with two (2) single span bridges crossing over Tuckahoe Creek which will include the use of temporary cofferdams to remove the existing bridge pilings associated with the expansion of Interstate 64 within the existing Virginia Department of Transportation right of way between Rockville Road and Pouncey Tract Road in Goochland and Henrico Counties.  This project is a design build project for VDOT and all permits will be transferred to VDOT upon completion of the project. 

PAGE THREE CONSENT AGENDA ITEM:

NONE.


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