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COMMISSION ACTIONS APRIL 2011


The following are the agenda items from the Commission's regular meeting held April 26, 2011 at Commission headquarters.  The Commission's actions are in bold.

** APPROVAL OF AGENDA.  THE COMMISSION APPROVED THE AGENDA UNANIMOUSLY, 8-0, WITH ASSOCIATE COMMISSIONER KYLE SCHICK ABSENT FROM THE MEETING.
[Audio Agenda]

1.  MINUTES of previous meeting.  THE MINUTES OF THE MARCH COMMISSION MEETING WERE APPROVED 7-0, WITH ASSOCIATE COMMISSIONER CARTER FOX ABSTAINING.
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THESE 11 SO-CALLED PAGE 2 ITEMS, DELINEATED BELOW IN DETAIL WERE APPROVED 8-0, EXCEPT FOR ITEM 2G, WHICH WAS APPROVED 7-0-1 WITH ASSOCIATE COMMISSIONER BRYAN PLUMLE ABSTAINING.
[Audio Item 2]

3.  CONSENT AGENDA ITEMSTHE COMMISSION VOTED 8-0 TO APPROVE THE TWO CONSENT AGENDA ITEMS DELINEATED BELOW IN DETAIL.
[Audio Item 3]

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  THE COMMISSION HELD A SHORT CLOSED MEETING WITH COUNSEL TO DISCUSS A LEGAL RULING RECENTLY ISSUED BY THE STATE SUPREME COURT.  
[Audio Item 4a] [Audio Item 4b]

5.  CHESAPEAKE BAY OYSTER COMPANY, #11-0394, requests authorization to retain a 24-foot pier extension and three (3) 10-foot by 4-foot by 2-foot fiberglass upweller tanks, and to deploy two (2) 20-foot by 8-foot floating upweller platforms for commercial aquaculture use at an existing commercial pier and boathouse facility on Mill Creek at 253 Locust Point in the Wake area of Middlesex County.  The project is protested by numerous residents in the area.  THE COMMISSION APPROVED THE REQUEST 8-0, PER STAFF RECOMMENDATION, AND REQUIRED ANY OYSTER SORTING MACHINERY BE KEPT INSIDE A BOATHOUSE TO MITIGATE NOISE AND OPERATION BE LIMITED TO 8 A.M. to 4 P.M.
[Audio Item 5]

6.  OLD DOMINION ELECTRIC COOPERATIVE, #11-0233, requests authorization to temporarily deploy, for up to 26 weeks, three buoys having a support frame containing test screens for biofouling exposure testing approximately 1,300 channelward of mean low water near the end of Cobham Wharf Road in the James River in Surry County at the tentative location of a potential intake pipe for the proposed Cypress Creek Power Station.  The project is protested by numerous residents of Surry County.  THE COMMISSION VOTED 7-0 TO APPROVE THE PROJECT, PER STAFF RECOMMENDATION. COMMISSIONER BOWMAN RECUSED HIMSELF FROM DISCUSSIONS AND A VOTE.
[Audio Item 6]

7.  HARMONY INVESTMENTS and SUNSET BAY, LLC, #10-1864, request authorization to construct and backfill 241 linear feet of bulkhead aligned a maximum of two feet channelward of a deteriorating bulkhead; install with backfill approximately 158 linear feet of bulkhead across the entrances to two (2) man-made boat basins and install 360 linear feet of floating dock/wharf adjacent to the above proposed bulkhead situated along Chincoteague Channel at 4001 Main Street (the Chincoteague Inn location) in the Town of Chincoteague.  The project is protested by an adjacent property owner.  THE COMMISSION VOTED 7-0 TO APPROVE THE PROJECT, PER STAFF RECOMMENDATION. ASSOCIATE COMMISSIONER PLUMLEE RECUSED HIMSELF FROM DISCUSSIONS AND A VOTE.
[Audio Item 7]

8.  CHRISTOPHER WILLIAMS and TIMOTHY CURRAN, #11-0317, request authorization to add stone to three (3) existing breakwaters to increase their height and width and to join two (2) of the breakwaters to create a single 93-foot long by 22-foot wide breakwater, and to construct a 54-foot long riprap groin and place 420 cubic yards of sand, as beach nourishment, adjacent to their property situated along Purtan Bay, a tributary of the York River at 6865, 6871, and 6877 Riverview Park Circle in Gloucester County.  Both Coastal Primary Sand Dunes and Beaches and Subaqueous Lands permits are required.  THE COMMISSION VOTED 8-0 TO APPROVE THE PROJECT, PER STAFF RECOMMENDATION.
[Audio Item 8]

9.  PUBLIC COMMENTS.  AT THE REQUEST OF ASSOCIATE COMMISSIONER ERNIE BOWDEN, STAFF WILL SEND A LETTER REQUESTING THAT ALL DERELICT STRUCTURES AND HAZARDS TO NAVIGATION BE REMOVED FROM NEAR THE BLACK NARROWS BRIDGE IN CHINCOTEAGUE.
[Audio Item 9]

10.  PUBLIC HEARING:  Consideration of proposed amendment to Regulation 4VAC20-620-10 et seq., "Pertaining to Summer Flounder" to adjust the offloading time.  The amendment was adopted as an emergency regulation on March 29, 2011.  THE COMMISSION VOTED 7-0 TO SET A 9 P.M. CURFEW FOR THE COMMERCIAL OFFLOADING OF SUMMER FLOUNDER, PER STAFF RECOMMENDATION.  COMMISSIONER BILL LAINE WAS ABSENT FOR THE VOTE.
[Audio Item 10]

11.  PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-900-10 et seq., "Pertaining to Horseshoe Crab" to establish the 2011 harvest quota, trip limits and triggers, gear-based quotas, and reporting requirements.  THE COMMISSION VOTED 7-0 TO APPROVE AN INDUSTRY-SUPPORTED COMPROMISE TO RESTRUCTURE THE COMMERCIAL HORSESHOE CRAB FISHERY, PER STAFF RECOMMENDATION. ASSOCIATE COMMISSIONER RICK ROBINS RECUSED HIMSELF FROM DISCUSSIONS AND THE VOTE.
[Audio Item 11]

12.  PUBLIC HEARING:  Proposed amendments to Regulations 4VAC20-1230-10 et seq., "Pertaining to Restrictions on Shellfish," to clarify the use of ice during warm water months, and other measures; and 4VAC20-1250-10 et seq., "Pertaining to the Tagging of Shellfish," to clarify the shellfish tagging requirements.  THE COMMISSION VOTED 8-0 TO CLARIFY ICING AND OTHER WARM WATER SHELLFISH HARVEST RESTRICTIONS, AS RECOMMENDED BY STAFF AND THE VIRGINIA DEPARTMENT OF HEALTH.
[Audio Item 12]

13.  BLUE CRAB:  Results of the winter dredge survey and new stock assessment. Request for Public Hearing to establish 2011 crabbing rules.  DEPUTY FISHERIES CHIEF ROB O'REILLY BRIEFED THE COMMISSION ON THE RESULTS OF THE WINTER CRAB DREDGE POPULATION SURVEY.  ALSO, THE COMMISSION VOTED 8-0 TO SET AN AUGUST PUBLIC HEARING AND VOTE ON ANY MAJOR CHANGES TO CRAB MANAGEMENT REGULATIONS, PREFERING TO WAIT UNTILTHE RESULTS OF A PEER REVIEWED STOCK ASSESSMENT ARE AVAILABLE THIS SUMMER.
[Audio Item 13]

14.  PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-752-10 et seq., "Pertaining to Blue Crab Sanctuaries," to modify the boundary and closure date of the Blue Crab Sanctuary.  THE COMMISSION VOTED 8-0 TO TWEAK THE BOUNDARY LINE OF THE BLUE CRAB SANCTUARY IN THE NORTHERN NECK, AND CLOSE THE ENTIRE SANCTUARY ON MAY 16, TWO WEEKS LATER THAN LAST YEAR.  THE PROVISIONS ARE EXPECTED TO HAVE MINIMAL IMPACT ON THE CRAB HARVEST THIS YEAR.
[Audio Item 14]

15.  DISCUSSION:  Use of federal (NOAA, Army Corps of Engineers) funds for near-future oyster restoration projects.  FISHERIES CHIEF JACK TRAVELSTEAD BRIEFED THE COMMISSION ON ON-GOING DISCUSSIONS WITH THE ARMY CORPS OF ENGINEERS ON USE OF FEDERAL FUNDS FOR OYSTER RESTORATION PROJECTS. 
[Audio Item 15]

16.  REQUEST FOR PUBLIC HEARING: Establishment of the 2011 Commercial bluefish quota. Commercial bluefish quota.  THE COMMISSION VOTED 8-0 TO HOLD A PUBLIC HEARING AND VOTE IN MAY TO SET THE COMMERCIAL BLUEFISH QUOTA AT 1.1 MILLION POUNDS, AN 8.2 PERCENT REDUCTION FROM LAST YEAR.
[Audio Item 16]

17.  REQUEST TO EXTEND: The public oyster harvest season in the James River Seed Area, including Deep Water Shoal State Replenishment Area, which may require emergency amendments to Chapter VAC 20-720 et. seq.,"Pertaining to Restrictions on Oyster Harvest".  AT THE STRONG URGING OF DR. JIM WESSON, HEAD OF THE AGENCY'S OYSTER REPLENISHMENT DEPARTMENT, AND DR. ROGER MANN OF THE VIRGINIA INSTITUTE OF MARINE SCIENCE, THE COMMISSION DECIDED NOT TO EXTEND THE PUBLIC OYSTER HARVEST SEASON IN THE JAMES RIVER SEED AREA.
[Audio Item 17]

THE FOLLOWING SO-CALLED PAGE 2 ITEMS (PROJECTS OVER $50,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WERE APPROVED UNANIMOUSLY 8-0, EXCEPT FOR ITEM 2G, WHICH WAS APPROVED 7-0-1 WITH ASSOCIATE COMMISSIONER PLUMLEE ABSTAINING:

2A.  MIDDLESEX COUNTY BOARD OF SUPERVISORS, #11-0327, requests authorization to maintenance dredge 2,300 cubic yards of material from the Jackson Creek Federal Navigation Channel in Middlesex County.  The channel will be restored to the authorized depth of minus ten (-10) feet at mean lower low water with material to be removed either by hydraulic or mechanical means and disposed of at a previously approved upland site designated as the Broad Creek Dredge Spoil site in Deltaville.  Recommend approval with our standard dredging permit conditions.

2B.  CITY OF NORTON, #10-1720, requests authorization to install a total of approximately 300 linear feet of 30-inch, concrete-encased, ductile iron sewer line under a cumulative total of five (5) separate crossings of the Guest River and Lost Creek along U.S. Business Route 23 in the City of Norton within Wise County.  Cofferdams will be temporarily placed in the waterways to allow for open-cut trench installation in the dry.

2C.  CITY OF NORTON, #11-0150, requests authorization to install a total of approximately 271 linear feet of 24-inch, concrete-encased, ductile iron sewer line under 3 separate crossings of the Guest River along U.S. Business Route 23 in the City of Norton within Wise County.  Cofferdams will be temporarily placed in the waterways to allow for open-cut trench installation in the dry. 

2D.  CITY OF NORFOLK, #10-0644, requests a modification to a previously authorized permit to now extend a previously authorized dredged channel in Broad Creek by 168 feet to the north, to provide access to additional riparian property owners, resulting in the additional dredging of 1,400 cubic yards of State-owned subaqueous material from within a 25-foot wide channel.  The channel will be dredged to a maximum depth of minus five and a half (-5.5) feet at mean low water and will include a 30-foot turning basin at its northern terminus to be located approximately 200 feet south of Virginia Beach Boulevard, along with an additional red daybeacon at the northern most turning point of the proposed channel extension. 

2E.  DEPARTMENT OF THE NAVY #10-1628, requests authorization to install additional riprap along an approximately 1,800 linear foot revetment adjacent to Pier D at their Craney Island Fuel Depot situated along the Elizabeth River in the City of Portsmouth, and to conduct a phased demolition and replacement of the existing Pier D with new segmented north and south piers, each to range from approximately 35 to 47 feet wide by 461 feet long connected by two (2) 6-foot wide by 173-foot long catwalks and a 34-foot by 46-foot central mooring dolphin.  The proposed project also includes the replacement of the existing north and south pier approach ramps, fuel lines, fuel line supports, a 6-foot wide by 52-foot long section of catwalk linking the north pier with the existing north mooring dolphin, and portions of the fender system on the existing south mooring dolphin.

2F.  MEADWESTVACO VIRGINIA CORPORATION, #11-0262, requests authorization to partially demolish and reconstruct the 25-foot long by 9-foot wide west abutment ("A") of an existing low-water bridge, which crosses over the Jackson River at their property in Alleghany County across the river from their main industrial plant site in the City of Covington.  The replacement/repair activities are proposed to take place in the dry within temporary cofferdams constructed from the west river bank to the bridge's Pier B.  Recommend inclusion of the standard in-stream conditions and the assessment of a royalty in the amount of $745.00 for the abutment's encroachment over 149 square feet of State-owned submerged land at a rate of $5.00 per square foot.

2G.  METRO MACHINE CORPORATION, #11-0429, requests authorization to construct an 84-foot long by approximately 52-feet 6-inch to 55-feet 10-inch wide, open-pile, concrete wharf immediately channelward of an existing bulkhead and between two existing access ramps for their drydock "Speede," adjacent to their shipyard facility situated at the confluence of the Eastern and Southern Branches of the Elizabeth River in the City of Norfolk.

2H.  COLONIAL PIPELINE CO., #11-0141, requests authorization to conduct maintenance and inspection activities along the existing Colonial Pipeline #25, within the company's right-of-way at 16 stream locations in multiple Counties along the corridor between Mitchell Junction in western Cumberland County to the Company's Roanoke Delivery Station in Bedford.  Staff recommends imposition of our standard instream conditions for any excavation associated with any anomaly repairs and a royalty of $3.00 per linear foot for the encroachment resulting from anomaly repair along the line.

2I.  REEDVILLE STEAMBOAT WHARF, INC., #10-1659, requests authorization to construct a 2,128 square foot, single-story, enclosed commercial structure with a 1,064 square foot portion, extending channelward of mean low water, which will replace the existing deteriorated cinder block structure at their location along Cockrell Creek in Northumberland County.  Staff recommends an encroachment royalty of $2,128 for the encroachment over 1,064 square feet of State-owned submerged lands at a rate of $2.00 per square foot.

2J.  FREDERIC A. and NANCY L. LUDWIG, #11-0036, request authorization to construct and backfill a 380-linear foot vinyl bulkhead, aligned a maximum of two (2) feet channelward of the existing bulkhead, construct six 48-foot low profile groins, and install a 32-foot long by 6-foot wide riprap sill, adjacent to property situated along Gardner Creek in Westmoreland County.  Staff recommends a royalty of $760.00 for the filling of 760 square feet of State-owner submerged lands at a rate of $1.00 per square foot, and a royalty of $105.00 for the total encroachment of the six groins channelward of mean low water at a rate of $0.50 per square foot.

2K. ROBERT REA, ET AL, #11-0156, request authorization to construct a 125-foot long offshore stone breakwater and nourish the beach at property situated along the Chesapeake Bay adjacent to and southwest of the Marina Village subdivision in the Town of Cape Charles, Northampton County.  Staff recommends the assessment of a royalty in the amount of $57.00 for the beach nourishment over 1,140 square feet of State-owned submerged bottom at a rate of $0.05 per square foot. 

THE FOLLOWING PAGE THREE CONSENT AGENDA ITEMS WERE APPROVED UNANIMOUSLY:

3A.  ROBERT HART, #08-1387, requests after-the-fact authorization to retain a 5-foot 9-inch wide catwalk at his private use pier adjacent to his property at 18204 Possum Point Road situated along Quantico Creek in Prince William County.  The applicant has agreed to the payment of a $600.00 civil charge and triple permit fees in lieu of further enforcement action. 

3B. KARL FINKELNBURG, #10-1954,
requests after-the-fact authorization to retain a second 61-foot long by 5-foot wide, private, noncommercial, timber pier with a 110 square foot L-head, a jet ski davit lift and authorization to install a single, uncovered boat lift on the pier adjacent to Orchard Cove at his property situated near the confluence of Orchard Cove and Nomini Creek in Westmoreland County.  The applicant has agreed to the payment of triple permit fees in the amount of $300.00 in lieu of further enforcement action.


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