COMMISSION ACTIONS May 27, 2014

** APPROVAL OF AGENDA.  THE AGENDA WAS UNANIMOUSLY APPROVED AS WRITTEN.
[Audio Agenda]

1.  MINUTES of previous meeting.  THE MINUTES OF THE APRIL MEETING WERE UNANIMOUSLY APPROVED AS WRITTEN.
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2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).  THE SO-CALLED PAGE 2 ITEM, DELINEATED BELOW AS 2A WAS UNANIMOUSLY APPROVED.
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3.  CONSENT AGENDA ITEMSNONE.
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4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  NONE.

5.  LUCK STONE CORPORATION, #14-0435, requests authorization to construct a 40-foot wide by 60-foot long T-head platform at an existing commercial pier, six (6) mooring dolphins, and a conveyor system adjacent to their property at 4608 Bainbridge Boulevard situated along the Southern Branch of the Elizabeth River in Chesapeake.  The project requires a wetlands and a subaqueous permit.  THE COMMISSION UNANIMOUSLY VOTED TO APPROVE BOTH THE WETLANDS AND SUBAQUEOUS PORTIONS OF THIS PROJECT AS RECOMMENDED BY STAFF INCLUDING A ROYALTY ASSESSMENT OF $664.00 FOR THE ENCROACHMENT OF THE CONVEYOR OVER 193 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AND FOR THE ENCROACHMENT OF THE MOORING DOLPHINS ON 139 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $2.00 PER SQUARE FOOT.  A TIME-OF-YEAR RESTRICTION FROM FEBRUARY 15 TO JUNE 15 WAS IMPOSED TO PROTECT ANADROMOUS FISHES. 
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6.  PERRY NEAL, #12-0957, requests authorization to install an additional 36 linear feet of riprap revetment against an existing timber bulkhead, with a six-foot base width and channelward of mean low water, adjacent to his property situated along the Potomac River in Westmoreland County.  The project is protested by the upstream adjacent property owner.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.
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7. PHILIP BROUILLARD, #13-1837, requests authorization to construct an 18-foot by 38.5-foot open-sided single slip boathouse roof at his property situated along the Pagan River in the Town of Smithfield at 10 Jamesview Circle in Isle of Wight County.  The boathouse roof is protested by an adjoining property owner.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.
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8.  ROBERT BLACKWELL, #14-0394, requests authorization to extend an existing open-sided boathouse 10 feet channelward to increase the overall size of the boathouse to 19 feet by 46.5 feet and to construct a 16-foot by 16-foot open-sided shelter over an existing pier platform adjacent to his property situated along the Northwest Branch of Sarah Creek at 1868 Katie Lane in Gloucester County.  The project is protested by an adjoining property owner.  ASSOCIATE COMMISSIONER NEIL RECUSED HIMSELF AT THE BEGINNING OF THE HEARING. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.
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9.  EDMUND S. RUFFIN, JR. #14-0362, requests authorization to construct an 18-foot by 36-foot open-sided boathouse over an existing boatslip at a private, noncommercial open-pile pier adjacent to his property situated along the Ware River at 6740 Ware Neck Road in Gloucester County.  The project is protested by an adjoining property owner. THE COMMISSION UNANIMOUSLY VOTED TO TABLE THE MATTER UNTIL THE JULY COMMISSION MEETING IN AN EFFORT TO ALLOW THE APPLICANT AND PROTESTANT TO DEVELOP SOME COMPROMISES OR ALTERNATIVES TO LESSEN THE IMPACT OF THE PROPOSAL.
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10. TIDEWATER REALTY & SECURITY CORPORATION, #2013-125, requests authorization to lease approximately 6.0 acres of oyster lease planting grounds in Cherrystone Creek and Mill Creek in Northampton County.  The request is protested by Mark Sanford.  THE COMMISSION FIRST CONSIDERED A REQUEST TO POSTPONE THE MATTER AND DECIDED TO PROCEED WITH HEARING THE STAFF BRIEFING. THE COMMISSION THEN UNANIMOUSLY VOTED TO LEASE THE NORTHERN AREA OF THE APPLICATION CONTAINING APPROXIMATELY 1.95 ACRES AND TO NOT LEASE THE SOUTHERN AREA WITHIN MILL CREEK AT THIS TIME. 
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11. PUBLIC COMMENT.  NONE.
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12.  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 HEARD TWO CASES INVOLVING FAILURE TO REPORT COMMERCIAL HARVEST. THE COMMISSION UNANIMOUSLY VOTED TO PLACE ONE INDIVIDUAL ON PROBATION FOR A PERIOD OF ONE YEAR, AND TO PLACE ANOTHER INDIVIDUAL ON PROBATION FOR A PERIOD OF TWO YEARS.
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13. PUBLIC HEARING:  Amendments to Chapter 4VAC20-910-10 et seq. �Pertaining to Scup (Porgy)� Request to establish the 2014 summer period commercial quota, as 14,105 pounds.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE AMENDMENTS TO CHAPTER 4VAC20-910-10 ET SEQ. �PERTAINING TO SCUP (PORGY)� TO ESTABLISH THE 2014 SUMMER PERIOD COMMERCIAL QUOTA FOR SCUP AS 14,105 POUNDS.
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14.  PUBLIC HEARING: Amendments to Chapter 4VAC20-490-10 et seq. �Pertaining to Sharks� to increase Virginia�s commercial spiny dogfish seasonal quota from 4,408,894 pounds to 5,329,491 pounds.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE AMENDMENTS TO CHAPTER 4VAC20-490-10 ET SEQ. �PERTAINING TO SHARKS� TO INCREASE VIRGINIA�S COMMERCIAL SPINY DOGFISH SEASONAL QUOTA TO 5,329,491 POUNDS. 
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15.  REQUEST FOR A JUNE PUBLIC HEARING:  Amendments to Chapter 4VAC20-910-10 et seq. �Pertaining to Scup (Porgy)�, to lower the recreational possession limit.  THE COMMISSION APPROVED THE REQUEST FOR A JUNE PUBLIC HEARING TO LOWER THE RECREATIONAL POSSESSION LIMIT OF SCUP.

16.  DISCUSSION:  Presentation of 2013-2014 Blue Crab Winter Dredge Study results and consideration of management measures for 2014 and 2015.  STAFF PRESENTED HARVEST AND EFFORT DATA, AND RESULTS FROM THE 2013-2014 BLUE CRAB WINTER DREDGE STUDY.  THE CHESAPEAKE BAY BLUE CRAB STOCK IS DEPLETED, BUT OVER FISHING IS NOT OCCURRING.  STAFF IS RECOMMENDING A JUNE PUBLIC HEARING AND TO ADVERTISE OPTIONS THAT WILL REDUCE FEMALE BLUE CRAB HARVEST BY AT LEAST 10% IN ORDER TO CONSERVE FEMALES AND INCREASE SPAWNING POTENTIAL IN 2014 AND 2015.  TWO INDIVIDUALS FROM THE PUBLIC SPOKE IN FAVOR OF CONSERVING THE CHESAPEAKE BAY BLUE CRAB STOCK.  THE COMMISSION APPROVED THE REQUEST FOR A JUNE PUBLIC HEARING AND TO ADVERTISE POTENTIAL MANAGEMENT MEASURES THAT WILL ACHIEVE AT LEAST A 10% REDUCTION OF FEMALE HARVEST FROM 2013 LEVELS.
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THE FOLLOWING SO-CALLED PAGE TWO ITEM (PROJECTS OVER $500,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WAS APPROVED UNANIMOUSLY:

2A.  ARMY CORPS OF ENGINEERS, #12-1255, requests a permit modification to increase the maximum amount of cubic yards placed in their overboard placement site located in Bradford Bay, southwest of the Federal Channel and centered at N37�35�02�, W75�40�53� from 75,000 to 100,000 cubic yards, per dredge cycle.  The dredge material will come from the maintenance dredging of the Bradford Bay and Wachapreague Channel Federal Project Channels near the Town of Wachapreague in Accomack County.  All other permit conditions would remain the same. 


PAGE THREE CONSENT AGENDA ITEM:

NONE.

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