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COMMISSION ACTIONS MAY 2011



The following are the agenda items from the Commission's regular meeting held May 24, 2011 at Commission headquarters.  The Commission's actions are in bold.

** APPROVAL OF AGENDA.  THE COMMISSION VOTED UNANIMOUSLY, 9-0, TO APPROVE THE MEETING'S AGENDA.
[Audio Agenda]

1.  MINUTES of previous meeting.  THE MINUTES OF THE COMMISSION'S APRIL MEETING WERE APPROVED 8-0, WITH ASSOCIATE COMMISSIONER KYLE SCHICK 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, DELINEATED BELOW IN DETAIL, WERE APPROVED 9-0, EXCEPT FOR AGENDA ITEMS 2A, C, AND G, WHICH WERE APPROVED 8-0, WITH ASSOCIATE MEMBER BRYAN PLUMLEE ABSTAINING.
[Audio Item 2]

3.  CONSENT AGENDA ITEMSNONE

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  A CLOSED MEETING WAS HELD TO OBTAIN AN UPDATE ON THE LEGAL STATUS OF THE CHINCOTEAGUE INN'S APPEAL OF A PREVIOUS COMMISSION DECISION. 
[Audio Item 4a] [Audio Item 4b]

5.  SHRI GANISH, LLC, #10-1708, requests authorization to install 15 steel posts on three-foot centers, attached below-grade with steel angle segments, extending from an existing timber groin landward to the dune, on the beach at their property situated along the Chesapeake Bay, immediately north of the Salt Ponds Inlet on Grandview Beach in the City of Hampton.  The project will require a Coastal Primary Dune and Beaches Permit.  THE COMMISSION VOTED 8-1, WITH ASSOCIATE COMMISSION PLUMLEE VOTING NO, TO APPROVE THE PROJECT, PER STAFF RECOMMENDATION.
[Audio Item 5]

6.  DAVID THORNTON, #11-0509, requests authorization to repair, reconstruct, and extend landward two (2) existing vinyl groins adjacent to his property situated along the York River at 8774 Blue Gate Lane in Gloucester County.  Both Coastal Primary Sand Dunes and Beaches and Subaqueous Lands permits are required.  THE COMMISSION VOTED 9-0 TO APPROVE THE PROJECT, WITH THE RECOMMENDATIONS PROPOSED BY STAFF.
[Audio Item 6]

7.  PUBLIC COMMENTS.  NONE.
[Audio Item 7]

8.  RIVER HERRING:  Discussion of compliance with ASMFC River Herring Amendment 2, which requires a state-wide moratorium on all harvests on January 1, 2012, or proof of a sustainable fishery.  Request for Public Hearing.  FISHERIES CHIEF JACK TRAVELSTEAD BRIEFED THE COMMISSION ON AN IMPENDING ATLANTIC STATES MARINE FISHERIES COMMISSION MORATORIUM ON THE HARVEST OF RIVER HERRING.  BECAUSE VIRGINIA CANNOT PROVE CURRENT HARVEST LEVELS ARE SUSTAINABLE, THERE IS NO GROUNDS ON WHICH TO CHALLENGE THE MORATORIUM THAT IS EXPECTED TO GO INTO EFFECT IN JANUARY 2012.  AS A RESULT, THE COMMISSION VOTED 9-0 TO HOLD A PUBLIC HEARING AND VOTE IN JUNE TO BAN BOTH THE COMMERCIAL AND RECREATIONAL CATCH OF RIVER HERRING (ALEWIFE AND BLUEBACK HERRING) LATER THIS YEAR.
[Audio Item 8]

9.  SPINY DOGFISH:  Discussion of state commercial harvest quota and quota monitoring needs.  Request for public hearing.  THE COMMISSION VOTED 9-0 TO HOLD A PUBLIC HEARING AND VOTE IN JUNETO ESTABLISH A COMMERCIAL SPINY DOGFISH HARVEST QUOTA. 
[Audio Item 9]

10.  PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-450-10 et seq., "Pertaining to the Taking of Bluefish," to establish the 2011 commercial bluefish quota.  THE COMMISSION VOTED 9-0 TO SET THE COMMERCIAL BLUEFISH QUOTA AT 1.1 MILLON POUNDS, AN 8 PERCENT DECREASE FROM 2010 LEVELS DUE TO LOWER BLUEFISH RECRUITMENT COAST-WIDE.
 [Audio Item 10]

11.  PUBLIC HEARING:  Proposed amendment to Regulation 4VAC20-270-10 et seq., "Pertaining to Crabbing," to allow for an alternate daily time period for crabbing, under special permit.  THE COMMISSION VOTED 9-0 TO ESTABLISH A PILOT PROGRAM TO ALLOW COMMERCIAL CRABBERS TO OBTAIN A SPECIAL PERMIT TO ALLOW THEM TO WORK ALTERNATE HOURS, FROM 4 A.M. TO NOON FROM JUNE THROUGH AUGUST, AND FROM 5 A.M. TO 1 P.M. IN SEPTEMBER.  PERMITTED CRABBERS WOULD BE ALLOWED TO WORK SLIGHTLY DIFFERENT HOURS, NOT LONGER HOURS, IN A DAY.  CRABBERS ON THE SAME BOAT MUST HAVE THE SAME WORK HOURS.  THE COMMISSION NOTED THIS IS A CONCESSION THAT IS BEING MADE AT THE REQUEST OF SOME IN THE INDUSTRY.
[Audio Item 11]

THE FOLLOWING EIGHT SO-CALLED PAGE 2 ITEMS (PROJECTS OVER $50,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WERE APPROVED 9-0, EXCEPT FOR ITEMS 2A, C AND G, WHICH WERE APPROVED 8-0 WITH ASSOCIATE COMMISSIONER PLUMLEE ABSTAINING:

2A.  NORFOLK SOUTHERN RAILWAY COMPANY, #11-0102, requests authorization to modify an existing permit to now maintenance dredge 170,000 cubic yards of State-owned subaqueous material, to re-establish minimum depths of -53 feet at mean low water on the south side of Pier 6 at their Lamberts Point facility situated along the Elizabeth River in the City of Norfolk.  Staff recommends inclusion of the standard dredging conditions.

2B.  DEPARTMENT OF THE AIR FORCE, #11-0273, requests authorization to install approximately 5,400 linear feet of riprap revetment, extending a maximum of 15 feet channelward of mean low water, and approximately 3,150 linear feet of riprap breakwater/sill with 2,000 cubic yards of associated sand nourishment and vegetation, extending a maximum of 45 feet channelward of mean low water, along their shoreline at Langley Air Force Base situated along the Northwest and Southwest Branches of the Back River in the City of Hampton.

2C.  McALLISTER TOWING OF VIRGINIA, #11-0346, requests authorization to install approximately 400 linear feet of replacement bulkhead aligned a maximum of two (2) feet channelward of an existing deteriorated bulkhead, adjacent to their property situated along the Elizabeth River at 914 A Pearl Street in the City of Norfolk.  Staff recommends the assessment of a royalty in the amount of $2,400.00 for the encroachment over 800 square feet of State-owned subaqueous bottom at a rate of $3.00 per square foot.

2D.  AT &T CORPORATION, #10-1117, requests authorization to install a fiber optic cable, by directional bore method, a minimum of ten (10) feet beneath the streambed impacting 28 linear feet of Cedar Run, 29 linear feet of Crooked Run, 71 linear feet of Robinson Run, 37 linear feet of Great Run, 126 linear feet of the Rapidan River, and 162 linear feet of Rivanna River in Culpepper, Orange and Albemarle Counties.  Staff recommends the assessment of a royalty in the amount over $1,359.00 for the encroachment over 453 linear feet of State-owned subaqueous land at a rate of $3.00 per linear foot.

2E.  CITIZENS TELEPHONE COOPERATIVE, #11-0206, requests authorization to install a fiber optic cable, by aerial, bridge attachment or directional bore method, impacting 32 individual streams/rivers in Wythe, Pulaski, Floyd, Giles, Montgomery, Roanoke, and Botetourt Counties.  Staff recommends the assessment of a royalty in the amount of $6,717.00 for the encroachment over 2,239 linear feet of State-owned subaqueous land at a rate of $3.00 per linear foot.

2F.  WAYNESBORO DEPARTMENT OF PUBLIC WORKS, #11-0331, requests authorization to install by open-trench method a 4-inch diameter, concrete encased sewer line impacting 86 linear feet of the South River in the City of Waynesboro.  Staff recommends approval with our standard in-stream construction conditions.

2G.  CHESAPEAKE DEPARTMENT OF PUBLIC WORKS, #11-0012, requests authorization to construct new north and south bound fixed-span bridges along Dominion Boulevard (U.S. Route 17) crossing over the Southern Branch of the Elizabeth River.  The new bridges will provide 95 feet of vertical clearance above mean high water and 125 feet of horizontal clearance within the existing Federal navigation channel, as well as additional vehicle and pedestrian travel lanes to coincide with additional improvements to Dominion Boulevard between the Interstates 464/64 interchange and a point approximately 0.75 miles south of Cedar Road. 

2H.  NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, #11-0475, requests authorization to install a scientific environmental observation buoy in the Chesapeake Bay at coordinates 36 58.767' N Latitude and 76 02.62' W Longitude, approximately 3.7 nautical miles north of First Landing State Park in Virginia Beach.  A steel mooring chain will permanently attach the buoy to a 2,500 pound concrete or steel anchor.

PAGE THREE ITEMS:

NONE.


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