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COMMISSION ACTIONS MARCH 2010

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

*** APPROVAL OF AGENDA.  THE AGENDA WAS APPROVED UNANIMOUSLY (8-0, WITH ASSOCIATE COMMISSIONER CARTER FOX ABSENT FROM THE MEETING) AS AMENDED. THE COMMISSION ADDED ITEM #2H (TOWN OF CAPE CHARLES), AND ADDED PENDING EXPIRATION OF PUBLIC COMMENT ON ITEM #2G.
[Agenda]

1.  MINUTES of previous meeting.  APPROVED UNANIMOUSLY.
[Audio Item 1]

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

3.  CONSENT AGENDA ITEMS.   THIS SO-CALLED PAGE 3 CONSENT AGREEMENT, DELINEATED BELOW IN DETAIL, WAS APPROVED UNANIMOUSLY, AS RECOMMENDED BY STAFF. 
[Audio Item 3-4

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  NONE REQUIRED.

5.  L. SCOTT TRAINUM, #09-0806.  Commission review, on appeal of the February 11, 2010, decision by the York County Wetland Board to deny a request for a riprap, sill and breakwater shoreline stabilization project at property situated at the confluence of Cabin Creek and the Poquoson River in York County.  THE COMMISSION VOTED 7-1 (ASSOCIATE COMMISSIONER BILL LAINE VOTED NO) TO REVERSE THE DECISION OF THE LOCAL WETLAND BOARD, FINDING THAT THE BOARD'S DECISION TO DENY THE PROJECT WAS ARBITRARY, UNSUPPORTED BY THE EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE, AND THAT THE PUBLIC AND PRIVATE BENEFITS OUTWEIGHED THE PUBLIC AND PRIVATE DETRIMENTS. 
[Audio Item 5

6.  THE BLUEWATER GROUP, LLC, #07-2392, requests authorization to reconfigure their existing Severn River Marina through the addition of fixed and floating piers and to extend the three existing main piers 125 feet channelward to a total length of approximately 490 feet channelward of mean low water.  The revised configuration and expansion would result in a total of 125 slips at their facility situated along the Southwest Branch of the Severn River at 3461 Severn River Road in Gloucester County.  The project is protested by several nearby property owners and leaseholders of oyster ground in the vicinity of the project.  THE COMMISSION VOTED 6-2 (ASSOCIATE COMMISSIONERS KYLE SCHICK AND J.T. HOLLAND VOTED NO) TO APPROVE THE PROJECT, AS RECOMMENDED BY STAFF. 
[Audio Item 6

7.  ROBERT WINFREE, #09-1536, requests after-the-fact authorization to retain previously installed and unauthorized structures at his property situated along the James River in Surry County.  The applicant seeks after-the-fact authorization for two concrete block breakwater structures, two concrete block groin structures, and 258 linear feet of concrete block bulkhead, all being located at 112 Eagle Bluff Drive in the Town of Claremont in Surry County.  The proposal requires both a subaqueous permit and a beaches and dunes permit.  THE COMMISSION VOTED UNANIMOUSLY TO DENY THE AFTER-THE-FACT REQUEST AND DIRECTED REMOVAL OF ALL OF THE BLOCKS LOCATED CHANNELWARD OF THE MEAN LOW WATER MARK WITHIN THIRTY (30) DAYS.
[Audio Item 7

THE COMMISSION ALSO GRANTED MR. WINFREE NINETY (90) DAYS IN WHICH TO SUBMIT A PLAN FOR REMOVAL OR REUSE OF THE BLOCKS THAT WERE ON THE BEACH/DUNE AND THE SUBMITTAL OF AN APPLICATION TO INSTALL A PROPERLY DESIGNED BULKHEAD OR REVETMENT. 

8.  DEPARTMENT OF GAME AND INLAND FISHERIES, ET AL, #09-1804, requests authorization to replace and extend a 17-foot wide concrete boat ramp and to construct 150 linear feet of wave screen at the Ware House Public Landing situated along the Ware River at the end of Ware House Road in Gloucester County.  The project is protested by nearby property owners.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT, AS RECOMMENDED BY STAFF. 
[Audio Item 8

9.  LOUISE HANSCH, ET AL, #10-0202, requests authorization to construct a 12-foot by 80-foot concrete boat ramp, extending up to ten (10) feet channelward of mean low water at property located along the James River, near Villa Drive (Lot 3B‑2‑2) in the Town of Claremont, in Surry County.  The request requires both a subaqueous and beaches and dunes permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT, AS RECOMMENDED BY STAFF. 
[Audio Item 9

10. VINCENT RADLEY, #09-0725, requests permission to install eight (8) dolphin clusters with lights to mark a dredged channel proposed at his property at 6476 Fairview Drive situated along the Potomac River in King George County.  THE COMMISSION VOTED UNANIMOUSLY (8-0) TO DENY THE PROJECT AS PROPOSED. 
[Audio Item 10

11.  Public Comments.  AN EASTERN SHORE WATERMAN, ASKED THE COMMISSION TO CREATE A LOBSTER FISHERY MANAGEMENT PLAN, AND THE COMMISSION AGREED TO HAVE THE FINFISH ADVISORY COMMITTEE WORK ON THE SUGGESTION.
[Audio Item 11

12.  Public Hearing: Consideration of Regulation 4VAC20-1230-10, et seq. concerning warm water shellfish harvest restrictions and public health.  THE COMMISSION SIGNALED ITS WILLINGNESS TO ADOPT STRINGENT REQUIREMENTS TO IMPROVE WARM-WEATHER SHELLFISH HANDLING AND TO BETTER PROTECT CONSUMERS.  THE MEASURES ARE SUPPORTED BY THE COMMERCIAL SHELLFISH INDUSTRY AND ARE INTENDED, AT THE URGING OF THE VIRGINIA DEPARTMENT OF HEALTH, TO PREVENT ANY ILLNESS OUTBREAK THAT COULD RESULT IN FEDERAL INTERVENTION AND POTENTIALLY SEVERE DAMAGE TO THE STATE'S SUMMER SHELLFISH HARVESTING INDUSTRY.  THE COMMISSION DELAYED ACTION UNTIL NEXT MONTH IN ORDER TO FINE-TUNE THE REGULATIONS.
[Audio Item 12

13.  Public Hearing: Consideration of amendments to Regulation 4VAC20-960-10, et seq. to modify the open commercial fishing season.  THE COMMISSION UNANIMOUSLY APPROVED AN INDUSTRY-SUPPORTED MEASURE TO CLOSE THE COMMERCIAL TAUTOG SEASON FROM MAY 1 TO NOV. 12.
[Audio Item 13

14.  Modified Pound Net Leaders:  Consideration of amendments to Regulation 4VAC20-20-10 et seq. to require year-round in areas west of the Chesapeake Bay Bridge-Tunnel.  Request for public hearing.  THE COMMISSION UNANIMOUSLY APPROVED A PUBLIC HEARING FOR APRIL.
[Audio Item 14

15.  Gill Net and Spiny Dogfish Limited Entry Programs:  Consideration of amendments to the limited entry programs contained in Regulations 4VAC20-490 and 4VAC20-1190.  Request for public hearing.  THE COMMISSION UNANIMOUSLY APPROVED A PUBLIC HEARING FOR APRIL.
[Audio Item 15

15a.  Newport News Clam Harvest Area: Industry requests a season extension for the harvesting of clams in the Newport News Clam Management Area.  The season normally ends April 30, and industry is requesting an extension of the season until June 30.  THE COMMISSION VOTED UNANIMOUSLY TO HOLD A PUBLIC HEARING IN APRIL ON THE SEASON EXTENSION REQUEST.
[Audio Item 15a

16.  REPEAT OFFENDERS.  FIVE COMMERCIAL WATERMEN WERE PUT ON PROBATION FOR A YEAR FOR VIOLATIONS OF OYSTER CONSERVATION REGULATIONS.
[Audio Item 16

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

2A.  SPOTSYLVANIA DEPARTMENT OF PUBLIC UTILITIES, #06-0427, requests reactivation and a three-year extension of their permit to install a total of approximately 309 linear feet of sewer line, crossing a minimum of three feet under Massaponax Creek at 13 separate locations between Leavells Road (Route 639) and Piedmont Drive (Route 673), and to stabilize the stream crossings with a total of approximately 6,580 square feet of Class B riprap, associated with the Massaponax Sewer Interceptor Replacement, Stage II project in Spotsylvania County.

2B.  U.S. ARMY TECHNOLOGY APPLICATIONS OFFICE, #09-1561, requests authorization to install two (2) fiber optic cables impacting 30 linear feet of Beaverdam Run, 20 linear feet of Middle Branch Chopawamsic Creek and 25 linear feet of North Chopawamsic Creek in Stafford County.  The fiber optic cables will be installed by directional bore method a minimum of ten (10) feet beneath the creek bottom.

2C.  JAMES G. STIKELEATHER, #09-1565, requests authorization to install a private riparian mooring buoy at 37 32' 2.22" North Latitude and 76 20' 1.02" West Longitude and approximately 830 feet channelward of his property situated along Fishing Bay at 589 Stove Point Road in Middlesex County.  The mooring will encroach on "Additional Public Ground."

2D.  FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS, #10-0002, requests authorization to restore 1,700 linear feet of Flatlick Branch including stabilizing the channel and installing rock vanes, log vanes, cross vanes, J-hooks, and root wads in Cub Run Stream Valley Park in Fairfax County.

2E.  VIRGINIA DEPARTMENT OF HEALTH, DIVISION OF SHELLFISH SANITATION, #10-0352, requests authorization to temporarily install eight (8) 3-foot by 2-foot by 19-inch oyster cages on Public Ground in the James Rivers stretching from the mouth of the Warwick River to Lake Maury in the City of Newport News.  The cages will be deployed for a dye study which will run from April 12 until May 1, 2010.

2F.  AT & T CORP., #10-0039, requests authorization to construct utility crossings through numerous waterways, utilizing the directional drill method, to install a total of 1534 linear feet of fiber optic cable, along an existing VDOT right-of-way, at a minimum depth of 120 inches below the streambed of ten jurisdictional creeks/rivers in Buckingham, Appomattox, Campbell and Pittsylvania Counties.  Staff recommends a royalty of $4,602.00 and the requirement that the Permittee develop and implement a "frac-out" bentonite spill contingency/ clean up plan to protect aquatic resources.

2G. 
QWEST COMMUNICATIONS, #10-0342, requests authorization to cross the Eastern Branch of the Elizabeth River with a temporary fiber optic cable, located approximately 40 feet east of the Norfolk Southern Railroad bridge between the Cities of Norfolk and Chesapeake.  The line will be directionally drilled below the tidal wetlands on the river banks and manually installed six inches into the river bed by divers.  The temporary line will be removed in its entirety upon approval and installation of a permanent fiber optic cable in the same general area.  Recommend approval pending expiration of the public notice and provided no opposition is received, and with a royalty in the amount of $5,415.00 for the crossing of 1,805 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot.  Staff recommends approval pending successful expiration of the public comment period on March 29, 2010.

2H.  TOWN OF CAPE CHARLES, #08-0338, requests authorization to modify their previously issued permit to install five (5) offshore breakwaters in the Chesapeake Bay west of Cape Charles Harbor.  The requested modification is to lower the crest elevation of the first two of the five breakwaters from 7.0-foot to 5.0-foot above mean lower low water, and to increase the seaward slope from 2:1 to 1.5:1.  The Town indicates they plan to install all five breakwaters to the full 7.0-foot crest elevation as money becomes available.  All other permit conditions would remain in effect.  Staff recommends approval pending successful expiration of the public comment period on March 28, 2010.

THE FOLLOWING SO-CALLED PAGE THREE CONSENT ITEM WAS APPROVED UNANIMOUSLY:

3A.  COUNTY OF WARREN, #09-1142, requests after-the-fact authorization to retain a 60-foot long by 14-foot wide concrete boat ramp in the Shenandoah River at the end of Country Club Road in Front Royal, Warren County.  The applicant has agreed to a civil charge in the amount of $1,200.00 and triple permit fees.




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