The following are the agenda items from the Commission's regular meeting held
May 26, 2009 at Commission
headquarters. The Commission's actions are in bold.
** APPROVAL OF AGENDA: THE COMMISSION UNANIMOUSLY APPROVED (9-0) THE AGENDA AS MODIFIED, GRANTING MS. MARY HILL AN ADDITIONAL CONTINUANCE (AGENDA ITEM #7) IN RESPONSE TO HER FAXED REQUEST.
1. MINUTES of previous meeting. UNANIMOUSLY APPROVED WITH AN AMENDMENT REQUESTED BY COUNSEL.
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2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).
THESE NINE SO-CALLED PAGE TWO ITEMS, DELINEATED IN DETAIL BELOW, WERE UNANIMOUSLY APPROVED IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF.
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3. CONSENT AGENDA ITEMS: NONE.
4. CLOSED SESSION: THE COMMISSION WENT INTO CLOSED SESSION TO DISCUSS AGENDA ITEM #6 AND THE STATUS OF AN ENFORCEMENT CASE INVOLVING A MARINE CONTRACTOR.
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5. RICHARD WINELAND, #09 0132. Appeal of the March 12, 2009, decision by the Lancaster County Wetlands Board to deny his request to install 250 linear feet of quarry stone riprap revetment along his shoreline on Taylor Creek at 711 Peake Road in Lancaster County.
THE COMMISSION VOTED 8-1, WITH ASSOCIATE COMMISSIONER RICK ROBINS VOTING NO, TO REMAND THE MATTER TO THE LANCASTER WETLANDS BOARD FOR REHEARING IN RESPONSE TO A REQUEST OF THE APPELLANT AND FOR RECONSIDERATION GIVEN THE INFORMATION THAT HAD BEEN PRESENTED RELATED TO EROSION ALONG THE AFFECTED SHORELINE.
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6. U.S. ARMY CORPS OF ENGINEERS/CITY OF VIRGINIA BEACH, #09-0427, request authorization to nourish the Cape Henry beach area of Virginia Beach with approximately 250,000 cubic yards (per cycle) of beach quality sand to be maintenance dredged from the Lynnhaven Inlet Federal Navigation Channel. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT BASED ON THE ADVICE OF COUNSEL AND SUBJECT TO THE EXECUTION AND RECORDATION OF AN AGREEMENT WHICH WOULD PRESERVE IN PUBLIC OWNERSHIP THE COMMONWEALTH'S FEE SIMPLE OWNERSHIP AND CITY'S INTEREST IN ALL REAL PROPERTY TO BE CREATED BY THE NOURISHMENT LYING SEAWARD OF THE MEAN LOW WATER MARK ACCORDING TO A CITY SURVEY PERFORMED BETWEEN APRIL 13-17, 2009. SUBJECT AGREEMENT SHALL ALSO INCLUDE AN INDEMNIFICATION CLAUSE TO THE COMMONWEALTH FROM THE CITY TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO ANY APPROPRIATIONS BY THE CITY COUNCIL. THE COMMISSION ALSO AUTHORIZED THE COMMISSIONER TO EXECUTE THE AGREEMENT ON THEIR BEHALF. PERMIT ISSUANCE IS TO BE WITHHELD PENDING FINAL EXECUTION AND RECORDATION OF THE REFERENCED AGREEMENT. THE CITY ALSO PROMISED THAT THE VIRGINIA BEACH LEGISLATIVE DELEGATION WOULD PATRON AND SEEK THE PASSAGE OF LEGISLATION IN THE 2010 GENERAL ASSEMBLY THAT WOULD CLARIFY AND CODIFY THE COMMONWEALTH'S INTEREST IN REAL PROPERTY CREATED AS A FUNCTION OF PUBLIC BEACH NOURISHMENT PROJECTS.
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7. MARY HILL AND MARIE HILL, OYSTER PLANTING GROUND APPLICATION #2006 176, request 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.
THE COMMISSION VOTED UNANIMOUSLY TO GRANT ONE FINAL CONTINUANCE OF THIS MATTER UNTIL THEIR JULY 28, 2009 MEETING.
THE COMMISSION ALSO EXPRESSED THEIR CLEAR INTENT TO CONSIDER MS. HILL'S APPLICATION AT THAT MEETING, IN ABSENTIA IF NECESSARY.
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8. PUBLIC COMMENTS: WATERMAN JOHN WYATT ASKED THE COMMISSION TO TAKE JURISDICTION OF THE BLUE CATFISH FROM THE VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERY AND TO ELIMINATE THE CURRENT 32-INCH MAXIMUM SIZE RESTRICTION. COMMISSION COUNSEL CARL JOSEPHSON SAID THAT WASN'T PERMITTED IN THE CODE OF VIRGINIA, AND THAT THE VIRGINIA GENERAL ASSEMBLY WOULD HAVE TO MAKE THAT CHANGE. ASSOCIATE COMMISSIONER ERNIE BOWDEN MADE A MOTION TO HOLD A PUBLIC HEARING TO ELIMINATE THE SIZE RESTRICTION ON BLUE CATFISH, BUT THE MOTION DIED FOR A LACK OF A SECOND.
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PUBLIC HEARING: Proposed 2009 regulations for the commercial and recreational harvest of blue crabs.
THE COMMISSION VOTED UNANIMOUSLY TO CONTINUE ITS MULTI-YEAR BLUE CRAB REBUILDING PROGRAM, ENACTING A NOV. 21 FALL HARVEST CLOSURE AND A CONTINUED BAN ON THE WINTER DREDGING OF CRABS. THE COMMISSION ALSO UNANIMOUSLY AGREED TO WAIVE A 15 PERCENT REDUCTION IN THE NUMBER OF CRAB POTS ALLOWED PER LICENSE CLASS, AND TO REINSTATE THE FIVE-POT RECREATIONAL CRAB LICENSE THAT WAS SUSPENDED LAST YEAR.
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10. PUBLIC HEARING: Proposed amendment to Regulation 4VAC20-450, "Pertaining to the Taking of Bluefish", to establish the 2009 commercial harvest
quota. THE COMMISSION UNANIMOUSLY APPROVED THE PROPOSED AMENDMENTS.
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11. PUBLIC HEARING: Proposed amendment to Regulation 4VAC20-320, "Pertaining to the Taking of Black Drum", to authorize the Commissioner to grant exceptions and transfer
requests. THE COMMISSION UNANIMOUSLY APPROVED THE PROPOSED AMENDMENTS.
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12. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-1120, "Pertaining to Tilefish and Groupers", to establish new recreational and commercial
possession limits, and permit and reporting requirements. THE COMMISSION VOTED UNANIMOUSLY TO ENACT RECREATIONAL MANDATORY HARVEST PERMITS AND CATCH REPORTING FOR THESE SPECIES.
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13. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-650, "Establishment of Oyster Sanctuary Areas", to establish five new shellfish sanctuaries on the seaside Eastern Shore.
THE COMMISSION VOTED 8-1, WITH ASSOCIATE COMMISSIONER BOWDEN VOTING NO, TO APPROVE THESE FIVE NEW OYSTER SANCTUARIES.
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14. REQUEST FOR PUBLIC HEARING: Amendments to Regulation 4VAC20-260, "Pertaining to the Designation of Seed Areas and Clean Cull Areas", to exempt hatchery raised oysters grown in caged aquaculture from the 3-inch size limit.
THE COMMISSION UNANIMOUSLY APPROVED AN EMERGENCY REGULATION TO CLARIFY THAT HATCHERY RAISED OYSTERS GROWN IN CAGES ARE EXEMPT FROM THE 3-INCH SIZE LIMIT, AND TO ADVERTISE FOR A PUBLIC HEARING NEXT MONTH ON THE MATTER.
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15. CONSIDERATION OF APPEALS FROM INDIVIDUALS WHOSE CRABBING LICENSES HAVE BEEN PLACED ON THE WAITING LIST:
THE COMMISSION UNANIMOUSLY APPROVED SIX APPEALS FROM CRABBERS WHO REQUESTED THEIR LICENSES BE REMOVED FROM THE WAITING LIST. THEY HAD MET THE CRITERION ESTABLISHED FOR REINSTATEMENT.
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PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval).
THESE SO-CALLED PAGE TWO ITEMS WERE APPROVED UNANIMOUSLY, PER STAFF RECOMMENDATIONS:
2A. COASTAL PRECAST SYSTEMS, #09-0391, requests authorization to dredge 7,875 cubic yards of new material, with 4,000 cubic yards of future maintenance dredging, as needed, to create berthing areas possessing maximum depths of minus five ( 5), minus twelve ( 12), and minus fifteen ( 15) feet at mean low water, and install three (3) 13 pile cluster mooring dolphins adjacent to their commercial barge loading facility on the Southern Branch of the Elizabeth River at 1320 Yacht Drive in Chesapeake. All dredged material will be transported to and disposed of within the Craney Island Rehandling Basin. Recommend standard dredging conditions and a royalty in the amount of $3,543.75 for the new dredging of 7,875 cubic yards of material at a rate of $0.45 per cubic yard.
2B. MARINE CORPS BASE QUANTICO, #08-2224, requests authorization to construct 100 linear feet of rip-rap revetment extending a maximum of 10-feet channelward of mean low water to support a shotcrete bank stabilization barrier adjacent to the Marine Corps Base Quantico in Stafford County.
2C. MARINE CORPS BASE QUANTICO, #09-0119, requests authorization to construct a 125-foot long by 50-foot wide clear span bridge for the expansion of Russell Road and to install new water and telecommunication utilities crossing approximately 35-feet of Chopawamsic Creek in Stafford and Prince William Counties. The utility lines will be installed by directional bore method and buried a minimum of 4-feet beneath the streambed.
2D. VIRGINIA ELECTRIC & POWER COMPANY, #08-1688, requests authorization to modify their previously issued permit to replace an existing aerial 230 kV and 500 kV electric line, the two (2) additional stream crossings are over 60 linear feet of Town Run in Fauquier County. Staff recommends an additional royalty of $540.00 be assessed for the additional encroachment over State-owned subaqueous bottom at a rate of $3.00 per linear foot.
2E. BUCHANAN COUNTY PUBLIC SERVICE AUTHORITY, #09-0422, requests authorization to install an aerial water line across 81 linear feet of stream channel and a submerged water line beneath 241 linear feet of stream channel to facilitate construction of the Hurley Regional Water Project - Phase II in Buchanan County. Recommend approval with our standard instream permit conditions and an agreement to conduct any necessary mussel and fish surveys/relocations and adhere to any instream work time-of- year restrictions as recommended by the Department of Game and Inland Fisheries.
2F. BUCHANAN COUNTY PUBLIC SERVICE AUTHORITY, #09-0425, requests authorization to install a submerged water line beneath a total of 399 linear feet of stream channel, at nine locations, to facilitate construction of the Haysi to Big A - Phase III Water Project in Buchanan County. Recommend approval with our standard instream permit conditions and an agreement to conduct any necessary mussel and fish surveys/relocations and adhere to any instream work time-of year restrictions as recommended by the Department of Game and Inland Fisheries.
2G. CITY VIEW TWO, L.L.C./CITY OF VIRGINIA BEACH, #07-0645, requests authorization to construct a bridge over Thalia Creek that will extend Constitution Drive and connect it to Bonney Road in Virginia Beach. The proposed bridge will completely span an approximate 90 foot by 35 foot section of the creek and will involve no in water construction. The bottom of the bridge will maintain a minimum vertical clearance of 3 feet above mean high water. The applicant also seeks authorization to install an 8 inch water line by directionally drilling under an approximate 230 foot section of Thalia Creek directly adjacent to the new bridge. The proposed water line will remain a minimum of 15 feet below the creek bottom.
2H. DEPARTMENT OF THE NAVY, #09-0389, requests authorization to install approximately 2,200 linear feet of steel sheetpile bulkheads, aligned two feet channelward of existing deteriorated bulkheads; to include concrete caps, concrete-pile fender system and installation of approximately 550 linear feet of riprap scour protection at the base of the bulkheads, and the extension of all existing outfalls and utilities through the proposed bulkheads, all of which will be located along the existing W305 and W306 bulkheads between Piers 7 and 11 at Naval Station Norfolk, situated along Hampton Roads in the City of Norfolk.
2I. CITY OF CHESAPEAKE, #09-0432, requests authorization to replace the existing two-lane Saint Brides Bridge with a new, double-box culvert bridge, including wing walls and riprap slope protection, and involving 280 cubic yards of streambed excavation in an unnamed tributary to the Northwest River west of Battlefield Boulevard in Chesapeake. Recommend approval with our standard instream work conditions.
PAGE 3 ITEMS Consent Agenda Items.