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COMMISSION ACTIONS APRIL 2009

The following are the agenda items from the Commission's regular meeting held April 28, 2009 at Commission headquarters. The Commission's actions are in bold.


** APPROVAL OF AGENDA. APPROVED AS AMENDED (7-0) WITH ASSOCIATE COMMISSIONERS ERNIE BOWDEN AND J.T. HOLLAND DELAYED DUE TO TRAFFIC.
[Audio Agenda]

1.  MINUTES of previous meeting. APPROVED 6-0-1 WITH ASSOCIATE MEMBER CARTER FOX ABSTAINING.
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). THESE EIGHT SO-CALLED PAGE-TWO ITEMS (DETAILEDBELOW) WERE APPROVED UNANIMOUSLY 9-0. ITEM 2D (EASTERN SHORE BROADBAND AUTHORITY) WAS APPROVED WITH NO ROYALTY ASSESSMENT AND ONLY A $100 PERMIT FEE. ITEM 2F (CITY OF LYNCHBURG) WAS APPROVED WITH A TIME-OF-YEAR RESTRICTION OF MAR 15 - JUNE 30 FOR ANADROMOUS FISH AND A REQUIREMENT TO COORDINATE WITH THE VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES ON POTENTIAL IMPACTS TO FRESHWATER MUSSEL SPECIES. 
[Audio Item 2]

3.  CONSENT AGENDA ITEMS. THESE THREE SO-CALLED PAGE THREE ITEMS (DELINEATED BELOW) WERE UNANIMOUSLY APPROVED IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF.
[Audio Item 3-4]

4.  CLOSED SESSION. NONE REQUIRED.

5.  COUNTY OF WESTMORELAND, #09 0118, requests authorization to construct a 5-foot wide open-pile community tending pier extending 25-foot channelward of mean low water.  The pier will be within the court ordered apportionment dated October 4, 2002, and adjacent to the county landing situated along the West Yeocomico River in Westmoreland County. The project is protested by one of the adjacent property owners. UNANIMOUSLY APPROVED (9-0) AS RECOMMENDED BY STAFF AND BASED ON A FINDING THAT THE PUBLIC BENEFITS OF THE PROPOSAL OUTWEIGHED THE ANTICIPATED PRIVATE DETRIMENTS. 
[Audio Item 5]

6.  VICTOR LAVIMODIERE, #09 0223, requests after-the-fact authorization to retain previously installed vinyl sheet bulkhead, 116 linear feet long, immediately channelward of an old wooden bulkhead along a beach area of shoreline adjacent to the applicant's restaurant facility and associated parking lot situated at 700 Jordan Point Road along the James River in Prince George County. The project requires a beaches and dunes permit. UNANIMOUSLY APPROVED (9-0) THE AFTER-THE-FACT REQUEST AS RECOMMENDED BY STAFF AND WITH THE APPLICANT'S AGREEMENT TO PAY A CIVIL CHARGE OF $1,200 IN LIEU OF ANY FURTHER ENFORCEMENT ACTION AS PERMITTED BY THE CODE OF VIRGINIA. 
[Audio Item 6]

7.  TRICOUNTY FARMS, #08 2273, requests authorization to remove an existing timber jetty and breakwater and to construct a 100 foot long timber jetty, a 290 foot long open pile pier with an attached wave baffle, 50 linear feet of timber bulkhead and a 10 foot wide by 32 foot long floating pier. In addition, they seek authorization to initially dredge and excavate a total of 416 cubic yards of sandy subaqueous and beach material from a 50 foot by 75 foot area adjacent to the proposed bulkhead to provide maximum depths of minus three ( 3) feet at mean low water and to maintenance dredge the area on an as needed basis for a five-year period with the sandy dredged material proposed to be placed along the intertidal beach immediately down drift (southeast) of the boat launch area adjacent to the B.E.S.T. boatyard facility situated along the Rappahannock River off State Route 639 in Middlesex County. The project requires a Coastal Primary Sand Dune/Beach permit and a subaqueous permit. UNANIMOUSLY APPROVED (9-0) THE APPLICATION IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF. 
[Audio Item 7]

8.  MARY HILL AND MARIE HILL, OYSTER PLANTING GROUND APPLICATION, # 2006-176. Applicants are requesting to lease approximately 160 acres of oyster planting ground within Chuckatuck Creek on both sides of the Chuckatuck Creek, Route 17, highway bridge in the City of Suffolk and Isle of Wight County. The application is protested by a nearby oyster ground leaseholder, Mr. Robert Johnson. CONTINUED, AT THE APPLICANT'S REQUEST, UNTIL THE MAY 26, 2009 MEETING. 
[Audio Agenda]

9.  RAY WATSON, OYSTER PLANTING GROUND APPLICATION #2008-049. 
Applicant is requesting to lease up to 6 acres of oyster planting ground within Urbanna Creek, in the Town of Urbanna, in Middlesex County. The project is protested by numerous town residents. UNANIMOUSLY DENIED (9-0) THE REQUEST, FINDING THAT THE LEASE WAS NOT IN THE PUBLIC INTEREST AND WAS NOT ESSENTIAL IN ORDER TO CONDUCT THE ACTIVITIES PROPOSED BY THE APPLICANT.
[Audio Item 9]

10.  PUBLIC HEARING: Consideration of changes to the Commission's General Permit for Emergency Situations and Water Quality Improvement Projects (4VAC 20-395-10) involving activities in non-tidal waterways. UNANIMOUSLY APPROVED (8-0, WITH ASSOCIATE COMMISSIONER KYLE SCHICK NOT VOTING) THE AMENDMENTS TO THE GENERAL PERMIT RECOMMENDED BY STAFF AND SET AN EFFECTIVE DATE OF JUNE 30, 2009. 
[Audio Item 10]

11.  IOLA L. LAWSON. Commission adoption of Resolution and approval of Deed conveying 22,400 square feet (0.51 acres +/-) of previously filled state-owned subaqueous lands in the City of Hampton to Iola L. Lawson and her successors and assigns, in accordance with Chapter 875 Acts of Assembly 2007. UNANIMOUSLY APPROVED (9-0) THE RESOLUTION AND DEED AS RECOMMENDED BY COUNSEL.
[Audio Items 11-12]

12.  S & S MARINE SUPPLY. Commission adoption of Resolution and approval of Deed conveying 12,100 square feet (0.28 acres +/-) of previously filled state-owned subaqueous lands in the City of Hampton to S&S Marine Supply and its successors and assigns, in accordance with Chapter 875 Acts of Assembly 2007. UNANIMOUSLY APPROVED (9-0) THE RESOLUTION AND DEED AS RECOMMENDED BY COUNSEL. 

13.  PUBLIC COMMENTS: UNANIMOUSLY APPROVED (9-0) AN EMERGENCY MEASURE REQUESTED BY SOME COMMERCIAL CLAMMERS TO ALLOW THE NEWPORT NEWS SHELLFISH MANAGEMENT AREA TO REMAIN OPEN AN EXTRA MONTH.
[Audio Item 13]

14.  BLUE CRAB: Results of the Maryland-Virginia Winter Dredge Survey and update on status of the stock. Request for a public hearing. FISHERIES CHIEF JACK TRAVELSTEAD BRIEFED THE COMMISSION ON THE SCIENTIFIC FINDINGS OF THE WINTER BLUE CRAB POPULATION SURVEY, WHICH SHOWS THE NUMBER OF FEMALE CRABS IN THE BAY HAS DOUBLED SINCE THE COMMISSION ENACTED HARVEST RESTRICTIONS LAST YEAR. THE COMMISSION ALSO UNANIMOUSLY APPROVED (9-0) A MAY PUBLIC HEARING ON PROPOSED CHANGES TO THE 2009 CRAB REGULATIONS.
[Audio Item 14]

15.  PUBLIC HEARING: Proposed Regulation 4VAC20-1210, "Pertaining to a Blue Crab Sanctuary". The regulation specifies open and closed seasons for the harvest of crabs from an area near the mouth of the Chesapeake Bay. UNANIMOUSLY APPROVED (9-0) CLOSING THE ENTIRE CRAB SANCTUARY FROM MAY 1 TO SEPT. 15. THE APPROVAL CLOSED A LOOPHOLE IN THE LAW THAT PROHIBITED A UNIFORM MAY 1 CLOSING DATE OF THE ENTIRE SANCTUARY.
[Audio Item 15]

16.  CONSIDERATION OF INDIVIDUAL APPEALS FOR CRAB LICENSES ON THE WAITING LIST. UNANIMOUSLY APPROVED (9-0) THE REINSTATEMENT OF 24 CRAB LICENSES ON APPEAL DUE TO MEDICAL OR MILITARY HARDSHIP, OR PROVEN PAPERWORK ERRORS, AND DENIED EIGHT APPEALS.
[Audio Item 16]

17.  GROUPER/TILEFISH: Request for public hearing. UNANIMOUSLY APPROVED (9-0) A MAY PUBLIC HEARING ON PROPOSALS TO LIMIT THE COMMERCIAL AND RECREATIONAL DAILY CATCHES ON GROUPER AND TILEFISH.
[Audio Item 17]

18.  ANDREW SELF: Proposes to place two pound nets in the Chesapeake Bay near Taylors Beach. UNANIMOUSLY APPROVED (9-0) TWO POUND NETS NEAR TAYLORS BEACH, AS RECOMMENDED BY STAFF. 
[Audio Item 18]

19.  BLUEFISH: Request for public hearing to establish 2009 harvest quota. UNANIMOUSLY APPROVED (9-0) A MAY PUBLIC HEARING ON A PROPOSAL TO SLIGHTLY INCREASE THE COMMERCIAL BLUEFISH QUOTA.
[Audio Item 19]

20.  REQUEST FOR ADOPTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE MARINE RESOURCES COMMISSION AND THE NATURE CONSERVANCY: Regarding the Restoration, Management, and Protection of Oyster Reef Sanctuaries adjacent to or on riparian lands of the Nature Conservancy on the Seaside of the Eastern Shore, and a request for a public hearing on the incorporation of these sanctuaries in Regulation 4 VAC 20-650-10 et seq., "Establishment of Oyster Sanctuary Areas." UNANIMOUSLY APPROVED (9-0) A MEMORADUM OF UNDERSTANDING WITH THE NATURE CONSERVANCY AND A MAY PUBLIC HEARING ON SANCTUARY DESIGNATIONS FOR SOME EASTERN SHORE OYSTER REEFS.
[Audio Item 20]

21.  REQUEST FOR TRANSFER OF A COMMERCIAL BLACK DRUM HARVEST PERMIT FROM WILLIAM THOMAS TO GEORGE BOWDEN. UNANIMOUSLY APPROVED, 9-0, THIS PERMIT TRANSFER.
[Audio Item 21]

22.  REPEAT OFFENDERS TWO WATERMEN WERE PUT ON ONE-YEAR TERMS OF PROBATION FOR VIOLATION OF EITHER CRAB OR OYSTER CONSERVATION MEASURES.
[Audio Item 22]

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

THESE EIGHT SO-CALLED PAGE TWO ITEMS WERE APPROVED UNANIMOUSLY:

2A.  TOWN OF CAPE CHARLES, #08-0338, requests authorization to install four (4) 400 foot long offshore breakwaters and one 430 long offshore breakwater situated along the Chesapeake Bay, approximately 2,000 feet west of Cape Charles Harbor in the Town of Cape Charles, Northampton County, marked and lighted in accordance with Coast Guard regulations. The proposed breakwaters are to protect vessels inside Cape Charles Harbor from wave damage.

2B.  ARMY CORPS OF ENGINEERS, #09-0148, requests authorization to hydraulically place approximately 20,000 cubic yards of dredged material, per dredge cycle from the maintenance of the Chincoteague Inner Channel (a section of the Chincoteague Inlet, Federal Navigation Project), on a previously used 103 acre overboard site situated northwest of Lewis Creek in Chincoteague Bay in the Town of Chincoteague, Accomack County. In keeping with the existing permit recommend that the following special conditions apply: 1) Applicant agrees to submit post dredging bathymetric and cross sectional surveys; 2) Applicant agrees that the elevation of the dredge material will not exceed two foot above mean low water; 3) Applicant agrees to submit a submerged aquatic vegetation (SAV) survey before future use of the placement site, to confirm that there is a large enough area remaining, that is free of SAV.

2C.  ARMY CORPS OF ENGINEERS, #09-0142, requests authorization to hydraulically place approximately 160,000 cubic yards of dredged material, per dredge cycle from the maintenance of the Metompkin Bay Channel, which is a portion of the Coast of Virginia Federal Navigation Project (WCV) in a previously used overboard placement site situated in the surf zone off Metompkin Island in the Atlantic Ocean, Accomack County. Applicant agrees that no dredged material will be placed in the surf zone between April 1 and September 15 to avoid impacts to sensitive bird species in the area during this period. Applicant also agrees that any overboard disposal subsequent to the proposed expiration date of April 30, 2012, will require a re-evaluation of the Corps' dredge material handling plan and the need for a Federal Channel in the area.

2D.  EASTERN SHORE BROADBAND AUTHORITY, #09-0142, requests authorization to install 3,478 linear feet of fiber optic cables across Mosquito Creek, Cockle Creek, Queens Sound, Wire Narrows, Black Narrows and Chincoteague Channel. The fiber optic cables will be placed within the existing Bridges' cable trays and within Verizon's permitted conduit under Chincoteague Channel. Staff recommends the assessment of a royalty in the amount of $10,434.00 for the encroachment over and under 3,478 linear feet of State owned subaqueous bottom at a rate of $3.00 per square foot.

2E.  COLONNA'S SHIPYARD, #09-0073, requests authorization to install and backfill 550 linear feet of steel sheet-pile bulkhead aligned a maximum of two (2) feet channelward of an existing deteriorated bulkhead and across the face of an existing deteriorated boat ramp, to dredge 69,450 cubic yards of State-owned subaqueous material to create and maintain maximum controlling depths of -22 feet at mean low water within an approximately 380-foot wide by 460-foot long basin, and to construct two (2) commercial piers, the first 41-foot wide by 257 foot long and the second 45-foot wide by 433-foot long, to support crane and travel lift operations at their West Yard facility situated along the Eastern Branch of the Elizabeth River in the City of Norfolk. The proposed project also includes up to 20,000 cubic yards per cycle of future dredging on an as-needed basis to maintain the proposed depths. Staff recommends the inclusion of the standard dredging conditions and the assessment of a royalty in the amount of $31,252.50 for the dredging of 69,450 cubic yards of State-owned subaqueous material at a rate of $0.45 a cubic yard.

2F.  CITY OF LYNCHBURG, #08-2207, requests authorization to replace the existing Florida Avenue bridge crossing over 19 linear feet of Fishing Creek in the City of Lynchburg. The proposed project will shift the bridge abutments and stream channel approximately 10 feet to the south due to the proximity of an existing railroad trestle on the north side of the bridge.

2G.  TOWN OF BIG STONE GAP, #09 0331, requests authorization to remove the existing center pier and bridge decking of the Proctor Street Bridge and install a new clearspan bridge and a temporary clearspan crossing of the South Fork Powell River in the Town of Big Stone Gap. Recommend approval with our standard instream permit conditions.

2H.  BARBARA CREECH, #08-1644, requests authorization to install and backfill 432 linear feet of vinyl bulkhead a maximum of 2 feet channelward of mean low water and the existing bulkhead adjacent to her property in the Bay Colony subdivision situated along Little Neck Creek in Virginia Beach. Staff recommends a royalty in the amount of $864.00 for the filling of 864 square feet of State-owned bottom at a rate of $1.00 per square foot. 

PAGE 3 ITEMS Consent Agenda Items.

THESE THREE SO-CALLED PAGE-THREE ITEMS WERE APPROVED UNANIMOUSLY:

3A.  BAYSHORE, LLC, #09-0091, requests after the fact authorization to retain approximately 424 linear feet of riprap installed over the top of the existing revetment, the toe of which now extends approximately 12 feet channelward of the existing bulkhead, for shoreline protection of property in the Bay Colony subdivision, situated along Linkhorn Bay in Virginia Beach. Both the property owner and the contractor have agreed to $600.00 civil charges based on minimal environmental impact and minor deviation. The owner has also agreed to a triple permit fee. 

3B.  JTR, LLC, #02-1227, requests an after the fact permit modification to allow the commercial facility known as "Lighthouse on the Cove," located at 800 Laskin Road and situated along Little Neck Creek in Virginia Beach, to operate as an event pavilion. The facility was originally permitted as a restaurant; however, it now operates as an event pavilion open to the public for special events such as weddings, receptions, meetings, and boat shows. The modification request also seeks after the fact approval for the facility's existing pier alignment which differs slightly from the original permit drawings. Recommend one civil charge of $600.00 for the pier footprint change and a second civil charge of $600.00 for the facility's change of use accommodation based on a minimal environmental impact and moderate deviation.

3C.  ANDREW LYNN, #09-0291, requests after the fact authorization to retain eight (8) fender piles installed channelward of an authorized steel bulkhead adjacent to his property at 311 and 313 Mill Street, situated along the Occoquan River in Prince William County. The applicant has agreed to the payment of a triple permit fee of $75.00 in lieu of further enforcement action.




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