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COMMISSION ACTIONS MAY 22, 2012

**** A BRIEF CEREMONY WAS HELD TO HANG A PORTRAIT OF FORMER COMMISSIONER STEVEN G. BOWMAN NEXT TO THOSE OF OTHER COMMISSIONERS DATING BACK TO 1875. 
[Audio Ceremony
 

** APPROVAL OF AGENDA.  THE MEETING AGENDA WAS APPROVED 7-0, WITH ASSOCIATE COMMISSIONER RICK ROBINS ABSENT FROM THE MEETING.
[Audio Agenda  

1.  MINUTES of previous meeting.  THE MINUTES OF THE COMMISSION'S APRIL MEETING WERE APPROVED 7-0.
[Audio Item 1

2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).  THIS SO-CALLED PAGE 2 ITEM, DELINATED BELOW AS AGENDA ITEM 2A, WAS APPROVED 7-0.
[Audio Item 2

3.  CONSENT AGENDA ITEMS.  THIS CONSENT AGENDA ITEM, DELINEATED BELOW AS AGENDA ITEM 3A, WAS APPROVED 7-0.
[Audio Item 3

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL.  NONE.
[Audio Item 4

5.  SEBASTIAN PLUCINSKI, #11-1384, requests after-the-fact authorization to retain seven (7) galvanized metal fence posts with concrete bases and to install eight (8) fence lines consisting of 2-inch diameter galvanized fence posts with interconnecting chain extending landward of mean high water to a pond located behind the natural dune system, and install eight (8) pilings at the mean low water line at the terminus of the property lines of four separate parcels along the Chesapeake Bay on White Marsh Beach in the City of Hampton.  THE COMMISSION VOTED 7-0 TO DENY THE APPLICANT'S REQUEST TO INSTALL EIGHT FENCE LINES ON WHITE MARSH BEACH, AND ORDERED HIM TO REMOVE SOME EXISTING FENCE POSTS WITHIN SEVEN DAYS OR FACE A $2,000 CIVIL CHARGE IN LIEU OF FURTHER ENFORCEMENT ACTION.
[Audio Item 5

6.  VININGS MARINE GROUP LLC AND EAST BEACH LLC, #07-1161.  Commission review on appeal by the applicant of the April 11, 2012, decision by the Norfolk Wetlands Board to deny their request to modify an existing wetland permit to impact approximately 3,720 square feet of vegetated and nonvegetated wetlands with on-site mitigation of 2,450 square feet of vegetated wetlands as the result of the construction of the Harbor House at East Beach apartments, super yacht facility, and associated facilities at their property situated along Fisherman's Cove (Little Creek) in the City of Norfolk.  THE COMMISSION VOTED 3-2 TO OVERTURN A NORFOLKWETLAND BOARD'S DENIAL OF A PERMIT MODIFICATION FOR THE PROJECT, AND ORDERED THE BOARD TO ISSUE THE PERMIT.
[Audio Item 6

7.  CELEBRATE VIRGINIA NORTH, LLC, #00-1816, requests authorization to extend their permit authorizing an aerial gondola crossing of the Rappahannock River, approximately one (1) mile west of the Interstate 95 bridge in Stafford County and the City of Fredericksburg for an additional five (5) years.  THE COMMISSION VOTED 5-0 TO EXTEND THE PERMIT FOR THIS PROJECT AN ADDITIONAL FIVE YEARS.
[Audio Item 7

8.  LLOYD C. RIGGS, JR., Notice to Comply #12-03.  Review of the unauthorized expansion of the "Ram Island Clubhouse" including a second story, power poles and power line, and attached decking and piers located in a section of Back Bay, generally east of Shipps Cabin Road in the Pungo area of Virginia Beach.  THE COMMISSION VOTED 5-0 TO ALLOW MR. RIGGS TWO MONTHS TO DO A TITLE SEARCH TO SUBSTANTIATE HIS CLAIM THAT HE OWNS THE WATER BOTTOM THROUGH A GOVERNOR'S GRANT FROM THE 1800S, BUT REQUIRED A LOW-HANGING POWER LINE BE RAISED TO A SAFE LEVEL WITHIN 21 DAYS AND SIGNS BE AFFIXED TO THE POWER LINE POLE TO ALERT BOATERS TO THE DISTANCE OF THE LINE FROM THE WATER.  THE COMMISSION SPECIFIED THAT RAISING THE POWER LINE IS NOT A PERMIT AUTHORIZATION.  THE NEED FOR PERMITS WILL DEPEND ON THE OUTCOME OF THE TITLE RESEARCH.
[Audio Item 8]

9.  MR. and MRS. JON KIRKPATRICK, #11-0629, request authorization to retain an unpermitted 27-foot by 12-foot closed sided, one story dock house over a portion of their pier situated adjacent to their property along Chesconessex Creek at 18192 Robins Lane in Accomack County.  The applicants have also applied to retain a reconstructed private pier that now exceeds the statutory exemption under 28.2-1203(A)(5).  THE COMMISSION VOTED 5-0 TO ALLOW THE APPLICANTS TO RETAIN THE STRUCTURE ON THE PIER, BUT PROHIBITED COOKING, OVERNIGHTING OR RESTROOM USE.  THE COMMISSION ALSO ORDERED THE APPLICANTS TO PAY TRIPLE PERMIT FEES AND TO REMOVE A NEARBY ABANDONED CRAB SHACK OR FACE A $10,000 CIVIL CHARGE IN LIEU OF FURTHER ENFORCEMENT ACTION.
[Audio Item 9]

10. MARVIN WILSON, #12-0120, requests after-the-fact authorization to retain a 438 square foot enclosed gazebo with 7-foot 7-inch high screen sides, including several panels with 3-foot 6-inch high partial wooden walls, and two 7-foot 7-inch high full wooden walls adjacent to his property situated along the Potomac River at 2 Potomac View Lane in Stafford County.  THE COMMISSION VOTED 5-0 TO APPROVE THE AFTER-THE-FACT PERMIT AS REQUESTED BY THE APPLICANT, BUT ASSESSED TRIPLE PERMIT FEES.
[Audio Item 10]

11. PUBLIC COMMENT.  NONE.
[Audio Item 11]

12. PUBLIC HEARING:  Establishment of the spiny dogfish commercial harvest quota for the upcoming fishing season, May 1 through April 30.  THE COMMISSION VOTED 5-0 TO SET THE SPINY DOGFISH COMMERCIAL HARVEST QUOTA, PER STAFF RECOMMENDATION. 
[Audio Item 12]

13. PUBLIC HEARING:  Establishment of daily trip limits for Spanish mackerel to comply with the ASMFC fishery management plan.  THE COMMISSION VOTED 5-0 TO SET A DAILY TRIP LIMIT FOR COMMERCIAL SPANISH MACKEREL HARVESTS, PER STAFF RECOMMENDATIONS.
[Audio Item 13]

14. PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-960-10 et seq., "Pertaining to Tautog," to establish the 2012 recreational and commercial management measures.  THE COMMISSION VOTED 5-0 TO EXTEND THE COMMERCIAL AND RECREATIONAL TAUTOG SEASON, AND TO ALLOW RECREATIONAL ANGLERS TO KEEP FOUR FISH PER DAY INSTEAD OF THREE PER DAY.
[Audio Item 14]

15. PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-1230-10 et seq., "Pertaining to Restrictions on Shellfish," to establish safer public and private warm-water oyster harvest measures, for public health safety.  THE COMMISSION VOTED 5-0 TO APPROVE MORNING SHELLFISH HARVEST CURFEWS IN WARM WEATHER MONTHS, UNLESS THE HARVEST IS ICED OR OTHER HANDLING PROCEDURES ARE FOLLOWED.
[Audio Item 15]

16. PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-1250-10 et seq., "Pertaining to Tagging of Shellfish," to establish a method of identifying harvested shellfish, according to its original Virginia harvest area, at any time of the year, to include tags to identify harvested oysters for shucking or post-harvest processing only.  THE COMMISSION VOTED 5-0 TO STRENGTHEN THE EXISTING COMMERCIAL SHELLFISH TAGGING REQUIREMENTS.
[Audio Item 16]

17. REQUEST FOR PUBLIC HEARING:  Establish the 2012 commercial bluefish quota, as part of Chapter 4VAC20-450-10 et seq., "Pertaining to the Taking of Bluefish".  THE COMMISSION VOTED 5-0 TO HOLD A PUBLIC HEARING AND VOTE IN JUNE TO SET THE 2012 COMMERCIAL BLUEFISH QUOTA.
[Audio Item 17]

18. FAILURE TO REPORT:  Cases involving failure to report commercial harvests, in accordance with Chapter 4VAC20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting".  THE COMMISSION VOTED 5-0 TO PLACE THREE COMMERCIAL WATERMEN ON PROBATION FOR TWO YEARS FOR FAILING TO TIMELY REPORT THEIR MONTHLY HARVESTS AS REQUIRED.
[Audio Item 18]

THE FOLLOWING PAGE TWO  ITEM WAS APPROVED 7-0, PER STAFF RECOMMENDATION:

2A.  PLAINS MARKETING, LP, YORKTOWN TERMINAL, #12-0407, requests authorization to mechanically maintenance dredge approximately 36,000 cubic yards of subaqueous material to maintain maximum navigable depths of -40 feet at mean low water adjacent to an existing petroleum loading/unloading pier situated along the York River in York County.  Recommend approval with our standard dredge conditions.  All dredge material will be slurried in a tending barge and hydraulically pumped ashore to a bermed upland placement area on site.

THE FOLLOWING PAGE THREE ITEM WAS APPROVED 7-0, PER STAFF RECOMMENDATION:

3A. DAVID BETTIS, #12-0494,
requests after-the-fact authorization to retain a 130-foot long by 5-foot wide private, noncommercial pier, including a 10-foot long by 16-foot wide L-head platform, a 10-foot long by 3-foot wide finger pier, and associated mooring piles, adjacent to his property at 1348 Bayville Street, which is bordered by a City platted street, situated on Willoughby Bay in the City of Norfolk.  Staff recommends approval.


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