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COMMISSION ACTIONS JUNE 2009

The following are the agenda items from the Commission's regular meeting held June 23, 2009 at Commission headquarters. The Commission's actions are in bold.


** APPROVAL OF AGENDA:  ALL NINE COMMISSIONERS WERE IN ATTENDANCE AND UNANIMOUSLY APPROVED THE AGENDA AS MODIFIED, AGREEING TO ADD AGENDA ITEM #2J (HAMPTON PARKS AND RECREATION, #08-1542) AND CONTINUING ITEM #11 (DCR #09-0431) TO THE JULY MEETING. 
[Audio Agenda]

1.  MINUTES of previous meeting. UNANIMOUSLY APPROVED.
[Audio Item 1]

2.  PERMITS  (Projects over $50,000 with no objections and with staff recommendation for approval). THESE 10 SO-CALLED PAGE 2 ITEMS, DELINEATED IN DETAIL BELOW, WERE APPROVED UNANIMIOUSLY AS MODIFIED. 
[Audio Item 2]

3.  CONSENT AGENDA ITEMS:  UNANIMOUSLY APPROVED THIS SO-CALLED PAGE 3 ITEM, DETAILED BELOW AND AS RECOMMENDED BY STAFF, FOR OLVERSON'S LODGE CREEK MARINA'S RETENTION OF FIVE COMMERCIAL TENDING PIERS AND ACCEPTANCE OF A CIVIL CHARGE OF $1,200 IN LIEU OF ANY FURTHER ENFORCEMENT ACTIONS.
[Audio Item 3-4]

4.  CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL:  NONE REQUIRED. 

5.  BRIEFING ON SB 1350 (Ch 766 Acts 2009) by Senator Wagner and VCERC's efforts to promote commercial wind energy development projects in Virginia's offshore waters by Dr. Hagerman (Virginia Tech).
[Audio Item 5]

6.  HAMPTON ENGINEERING SERVICES, #08-0446, requests authorization to hydraulically dredge approximately 228,850 cubic yards of State-owned bottom material from an existing sand terrace off Factory Point in the Chesapeake Bay and to use the beach quality sand as fill for the restoration of the previously existing beach and spit between the Grandview Nature Preserve and the existing island at Factory Point at the mouth of the Back River, mechanically dredge 8,870 cubic yards of State-owned bottom material from the Wallace Creek channel to achieve maximum depths of minus seven (-7) feet below mean low water, and mechanically maintenance dredge 16,305 cubic yards of state-owned bottom material from the main channel in the Back River and the Long Creek channel to achieve maximum depths of minus seven (-7) feet below mean low water in the main channel and minus five (-5) feet below mean low water in the Long Creek channel. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.
[Audio Item 6-7]

7. CITY OF HAMPTON, #08-1413, requests authorization to install five breakwaters ranging in size from 145 linear feet to 500 linear feet and nourish the area behind the breakwaters with beach quality sand dredged under application VMRC #08-0446 to protect the restored beach and spit at Factory Point situated along the Chesapeake Bay and the Back River. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.

8.  WADE VAUGHN #09-0045, requests authorization to construct a 301-foot long by 5-foot wide, open-pile private pier to include a 19-foot by 20-foot L-head platform; 47 linear feet of 5-foot wide catwalk pier; and a 17-foot by 35-foot open-sided boathouse roof with lift extending from the applicant's property, Lot #137 within the Lawnes Point on the James subdivision through an easement over vegetated wetlands owned by the Lawnes Point on the James Property Owners Association along Lawnes Creek in Isle of Wight County.  A MOTION TO APPROVE THE PROJECT AS PROPOSED WAS DENIED BY A VOTE OF 3-6.  COMMISSIONERS BOWMAN, HOLLAND, AND BOWDEN VOTED TO APPROVE THE PROJECT.
[Audio Item 8]

9.  U.S. ARMY CORPS OF ENGINEERS, #09-0483, requests authorization to place up to 100,000 cubic yards of dredged material, per dredge cycle, from the maintenance of Quinby Creek Channel in Accomack County, upon a previously used spoil site adjacent to State-owned marsh northwest of Peeler Point in Public Ground 61 in Upshur Bay and to place up to 200,000 cubic yards of dredged material from the maintenance of Sloop Channel and North Channel in Accomack County, upon two previously used spoil sites adjacent to State-owned marsh northwest of Cunjer Channel in Public Ground 66, and north of the intersection of Great Machipongo and North Channels in Hog Island Bay. Wetlands and Subaqueous permits are required.  UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.
[Audio Item 9]

10.  JOHN AELLEN, #09-0421, requests authorization to install 65 linear feet of stone riprap on his property along Onancock Creek in the Bailey Neck area of Accomack County. A Coastal Primary Sand Dune/Beach permit is required from the Marine Resources Commission. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.
[Audio Item 10]

11.  DEPARTMENT OF CONSERVATION AND RECREATION, #09-0431, requests authorization to install 60 Prothonotary Warbler bird nest boxes on " conduit pipe in the Northwest River, and an unnamed tributary thereof, located a maximum of six (6) feet channelward of the shoreline of the Northwest River State Natural Area Preserve in Chesapeake. The project is protested by an adjoining property owner. CONTINUED UNTIL THE JULY COMMISSION MEETING.
[Audio Agenda]

12.  PUBLIC COMMENTS:   EASTERN SHORE CLAMMER HANK JONES ASKED THE COMMISSION TO RECONSIDER WHICH OYSTER GROUNDS SHOULD REMAIN PUBLIC, AS DELINEATED IN THE 1894 BAYLOR SURVEY.  HE WAS TOLD THOSE PUBLIC OYSTER ROCKS ARE PROTECTED BY THE COMMONWEALTH'S CONSTITUTION AND ANY CHANGES TO THEIR SIZE OR CONFIGURATION MUST BE APPROVED BY THE GENERAL ASSEMBLY.
[Audio Item 12]

13. PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-260 to exempt oysters grown by caged aquaculture methods from the 3-inch size limit.  THE COMMISSION UNANIMOUSLY APPROVED THIS EXEMPTION TO THE OYSTER SIZE REGULATIONS.
[Audio Item 13]

14GROUPER-TILEFISH:  RESULTS OF SAFMC MEETING.  FISHERIES CHIEF JACK TRAVELSTEAD BRIEFED THE COMMISSION ON THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL'S DECISION TO DROP, FOR THE TIME BEING, ITS PROPOSAL TO EXTEND ITS GROUPER AND TILEFISH MANAGEMENT JURISDICTION INTO VIRGINIA WATERS, IN EFFECT ELIMINATING A RELATIVELY NEW AND SUCCESSFUL DEEP-DROP FISHERY.  HE REPORTED THAT EFFORTS WILL CONTINUE TO COLLECT DATA ON GROUPER AND TILEFISH LANDINGS IN VIRGINIA, AND MARYLAND HAS INITIATED ITS REGULATORY REVIEW PROCESS IN AN EFFORT TO MIRROR VIRGINIA'S SIZE AND LANDING LIMITS ON THE SPECIES.
[Audio Item 14]

15.  APPEALS OF INDIVIDUALS WHOSE CRAB LICENSES HAVE BEEN PLACED ON THE WAITING LIST.  THE COMMISSION UNANIMOUSLY APPROVED LICENSE REINSTATEMENT FOR EIGHT WATERMEN WHO SHOWED MEDICAL HARDSHIP, MILITARY SERVICE, OR HARVEST REPORT ERRORS. CONDITIONAL APPROVAL WAS GRANTED TO FOUR OTHER APPEALLANTS.  SEVEN APPEALS WERE DENIED AND FOUR WERE CONTINUED UNTIL THE JULY COMMISSION MEETING.
[Audio Item 15]

16.  RECOMMENDATIONS OF THE COMMERCIAL FISHING ADVISORY BOARD:  THE COMMISSION UNANIMOUSLY APPROVED $24,544 FOR A JUVENILE EEL STUDY, FUNDED BY THE SALE OF COMMERCIAL FISHING LICENSES, AS RECOMMENDED BY THE COMMERCIAL FISHING ADVISORY BOARD.
[Audio Item 16]

17.  REPEAT OFFENDER:  THERE WERE NO REPEAT OFFENDER CASES TO BE HEARD THIS MONTH.

PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval).

THE FOLLOWING 10 SO-CALLED PAGE TWO AGENDA ITEMS WERE APPROVED UNANIMOUSLY, AS RECOMMENDED BY STAFF:

2A.  VIRGINIA ELECTRIC & POWER CO., #09-0229,
requests authorization to install 259 linear feet of new 500 kV electrical transmission line a minimum of 40 feet above multiple stream crossings in Warren County, Rappahannock County, Culpeper County, and Fauquier County, and install two (2) 4-foot by 16-foot temporary timber mats in Tin Pot Run for construction access as part of Phase II of the Meadow Brook to Loudoun project between the Appalachian Trail in Warren County and Bristers Junction in Fauquier County. Staff recommends a royalty in the amount of $777.00 for the encroachment over 259 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot.

2B.  DEPARTMENT OF CONSERVATION AND RECREATION, #09-0058,
requests permission to install six (6) armor stone breakwaters (180 ft, 180 ft, 158 ft, 137 ft, 88 ft and 118 ft long by approximately 30 feet wide) extending a maximum of 120 feet channelward of mean low water and nourish behind the breakwaters with approximately 13,000 cubic yards of beach quality sand, install 901 linear feet (6 sections)of 16 feet wide riprap sill extending a maximum of 40 feet channelward of mean low water and nourish behind the sill with 6,300 cubic yards of beach quality sand to be sprigged with vegetation adjacent to Westmoreland State Park situated along the Potomac River in Westmoreland County.

2C. RETREAT AT BENNETT'S CREEK, LLP, #08-0798,
requests authorization to construct a community-use pier, consisting of a fixed 30 foot square deck, upon which would be constructed a 20-foot square open-sided gazebo structure, and to which would be attached by gangway access, two floating pier sections of 152.7 feet and 183.3 feet respectively, each with floating finger piers creating 22 wetslips at the applicant's proposed retirement community along Bennetts Creek in the City of Suffolk. Recommend a royalty in the amount of $18,630.00 for the encroachment over 12,420 square feet of State-owned subaqueous bottomlands at a rate of $1.50 per square foot.

2D.  DICKENSON COUNTY BOARD OF SUPERVISORS, #05-0179,
requests reactivation, modification and extension of their previously issued permit for the construction of four pedestrian clearspan bridges, each measuring 13' in width and 44', 85', 40' and 120' in length, across Cane Branch and the Pound River to facilitate construction of the Haysi‑Breaks Trail in Dickenson County. Recommend approval with a three-year permit extension.

2E.  U.S. ARMY CORPS OF ENGINEERS, #09-0526, requests authorization to hydraulically place up to 90,000 cubic yards of dredged material, per dredge cycle, from the maintenance of Ramshorn Channel, a portion of the Waterway on the Coast of Virginia (WCV) in a previously used 1,000 foot by 1,000 foot overboard spoil site in Outlet Bay in Northampton County. Staff recommends a time-of-year restriction be imposed from April 15 through September 30 to protect spawning shellfish and water birds.

2F.  CLAY HOLCOMB, #09-0379, CLAY HOLCOMB,
requests authorization to expand the existing Chesapeake Boat Basin Marina by extending the main dock 247 feet channelward with an 80-foot T-head and adding multiple finger piers and mooring piles to create an additional 42 wet slips, five (f) of which will include uncovered boat lifts, at commercial property at the end of Waverly Avenue at Kilmarnock Wharf in Lancaster County. Recommend approval with the inclusion of the marina management and fuel spill contingency plans provided in the application. 

2G.  MATHEWS COUNTY, #09-0454,
requests authorization to construct 289 linear feet of riprap revetment surrounding the New Point Comfort Lighthouse located in the Chesapeake Bay near New Point in Mathews County. The stone from the existing revetment is proposed to be used as core material with larger stone used as armor material to create a 46 foot wide revetment with a height of 12 feet above mean low water.

2H.  WILLIAM ROYALL, #09-0452,
requests authorization to construct a 12-foot by 50- foot concrete private boat ramp with a 90-foot long tending pier, two (2) 50-foot long riprap groins, and a total of 475 linear feet of riprap sill with 1,650 cubic yards of sandy material placed landward of the sill as beach nourishment and to support the planting of 8500 square feet of wetland vegetation adjacent to his property situated along Wilson Creek at 5704 Paynes Point Road in Gloucester County. Recommend approval with a royalty of $100.00 for the encroachment of the beach nourishment on 2,000 square feet of State-owned submerged land at a rate of $0.05 per square foot.

2I.  PERDUE GRAIN AND OILSEED, LLC, #09-0176,
requests a modification to their previously issued permit to allow for the installation of a new timber pile dolphin, along with the repair and/or relocation of four existing dolphins at their existing grain-loading facility located on Hoskins Creek in the Town of Tappahannock. Recommend approval and an encroachment royalty of $22.00 for the encroachment of the project over 11 square feet of State-owned subaqueous land at a rate of $2.00 per square foot. 

2J.  HAMPTON PARKS AND RECREATION, #08-1542, requests authorization to modify their previously authorized permit to include the installation of 41 linear feet of riprap impacting 13 square feet of State-owned submerged land in front of the existing timber bulkhead on the west side of the existing boat ramp at Sunset Creek in Hampton. 

PAGE 3 ITEMS Consent Agenda Items.

THE FOLLOWING SO-CALLED PAGE 3 ITEM WAS APPROVED UNANIMOUSLY, AS RECOMMENDED BY STAFF:

3A. OLVERSON'S LODGE CREEK MARINA, #09-0736,
requests after-the-fact authorization to retain five (5) commercial tending piers ranging in length from 29 to 59 feet in their as built configuration adjacent to the marina's "B Dock" situated along Lodge Creek in Northumberland County.  The applicant has agreed to a civil charge of $1,200.00 in lieu of further enforcement action.


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