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COMMISSION ACTIONS JUNE 2010

The following are the agenda items from the Commission's regular meeting held June 22, 2010 at Commission headquarters.  The Commission's actions are in bold.

*** APPROVAL OF AGENDA.  THE AGENDA WAS APPROVED 9-0 (WITH ALL NINE COMMISSIONERS PRESENT) AFTER AGENDA ITEM 5 WAS CONTINUED AT THE REQUEST OF THE APPLICANT AND A NEW AGENDA ITEM, DEPARTMENT OF THE NAVY, #09-0358, WAS SUBSTITUTED.
[Audio Agenda]

1.  MINUTES of previous meeting.  THE MINUTES OF THE COMMISSION'S JUNE MEETING WERE APPROVED 9-0.
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THE COMMISSION VOTED 9-0 TO APPROVE THESE SIX SO-CALLED PAGE TWO PROJECTS, DELINEATED BELOW IN DETAIL.
[Audio Item 2]

3.  CONSENT AGENDA ITEMSTHIS CONSENT ITEM PROJECT, DELINEATED BELOW IN DETAIL, WAS APPROVED 9-0.
[Audio Item 3]

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  NOT NECESSARY AT THIS MEETING.

5.  ROBERT A. AND LYNN H. BUCKLEY, #10-0559.  Commission review, on appeal of the May 12, 2010, decision of the Gloucester County Wetlands Board to deny a request to construct 283 linear feet of vinyl bulkhead and 87 linear feet of vinyl retaining wall at their property situated along the Southwest Branch of the Severn River at 8513 Myrtle Branch Lane in Gloucester County.  CONTINUED UNTIL THE COMMISSION'S JULY MEETING AT THE REQUEST OF THE APPLICANT'S ATTORNEY.
[Audio Agenda]

SUBSTITUTE 5.  DEPARTMENT OF THE NAVY, #09-0358, requests after-the-fact authorization for the replacement of approximately 300 linear feet of their CEP-102 and CEP-111 bulkheads located on the south side of Pier 1 at Naval Station Norfolk, situated along Hampton Roads in the City of Norfolk.  The proposed project also calls for the installation of approximately 300 linear feet of riprap bulkhead toe stabilization overlain by articulated concrete mats extending a maximum of 47 feet channelward of the adjacent bulkheads.  This item had been removed from the May meeting agenda at the Navy's request.  THE COMMISSION AGREED TO ADD THIS ITEM TO THIS AGENDA IN RESPONSE TO THE NAVY'S JUNE 18, 2010 REQUEST THAT IT BE CONSIDERED AT THIS MEETING.  THE COMMISSION VOTED 9-0 TO AUTHORIZE THE AFTER-THE-FACT REQUEST, INCLUDING RIPRAP STABILIZATION AND AN ARTICULATED CONCRETE MAT.
[Audio Item 5]

6.  STEVE BRICE, #10-0035, requests authorization to install two (2) 65 foot long pre cast concrete breakwaters and a 40 foot long pre cast concrete groin and to dredge and excavate approximately 400 cubic yards of sand from the south side of a spit and utilize the material to create a 2 foot high by 240 foot long dune adjacent to his property situated along Meachim Creek and the Rappahannock River off Dunlevy Lane in Middlesex County.  The project requires both a subaqueous permit and a Coastal Primary Sand Dunes and Beaches permit.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT IN MODIFIED FORM.  THE BREAKWATERS WERE AUTHORIZED TO BE PLACED 60 FEET FROM THE SHORELINE AND 400 CUBIC YARDS OF SAND MATERIAL IS TO BE PLACE ALONG THE SHORELINE TO ACT AS A FEEDER BEACH. 
[Audio Item 6]

7.  PAUL GARBETT, #10-0697, requests authorization to construct 100 linear feet of riprap revetment along the channelward side of a deteriorated timber bulkhead adjacent to their property situated along the Chesapeake Bay at 76 Cardinal Trail in Middlesex County.  The project requires a Coastal Primary Sand Dunes and Beaches permit.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT, BUT REQUIRED THE TOE OF THE REVETMENT TO BE BURIED TWO FEET BELOW THE ELEVATION OF MEAN LOW WATER AND POSITIONED ALONG THE ALIGNMENT OF THE EXISTING DETERIORATED BULKHEAD, AND THAT CLASS 2 ARMOR MATERIAL BE USED. 
[Audio Item 7]

8.  NORBERT F. SPANGLER, JR, ET AL, #10-0703, requests authorization to replace a 50 foot long timber groin and to construct 40 linear feet of replacement timber bulkhead aligned immediately channelward of a deteriorated bulkhead adjacent to their property situated along the Rappahannock River at 684 Riverside Drive in Middlesex County.  The project requires both a subaqueous permit and a Coastal Primary Sand Dunes and Beaches permit.  THE COMMISSION VOTED 8-0 WITH COMMISSIONER BOWMAN ABSTAINING TO DENY THE PROJECT AS PROPOSED, IN KEEPING WITH STAFF RECOMMENDATION, BUT TO ALLOW A MODIFIED PROPOSAL TO CONSTRUCT A PROPERLY DESIGNED RIPRAP REVETMENT EXTENDING A MAXIMUM OF SIX FEET BEYOND THE EXISTING BULKHEAD STRUCTURE AND REPAIR AND ENHANCE THE EXISTING RIPRAP GROIN, OR ALLOW REPLACEMENT OF THE BULKHEAD AND GROIN IN THE SAME LOCATION.
[Audio Item 8

9.  ERMA GARY, #10-0486, requests authorization to remove two deteriorated groins and construct two (2) new low profile timber groins extending 48 feet channelward of mean high water adjacent to her property situated along the Rappahannock River at 173 River Bank Drive in Middlesex County.  The project requires a both a subaqueous permit and a Coastal Primary Sand Dunes and Beaches permit.  THE COMMISSION VOTED 8-0 WITH COMMISSIONER BOWMAN ABSTAINING TO APPROVE THE PROJECT AS PROPOSED.
[Audio Item 9

10. CHIPPOKES ESTATES, LLC, #10-0438, requests authorization to place up to 1,800 linear feet of rip rap stone revetment, landward of mean low water, along their shorefront beach property situated adjacent to the James River in Surry County.  The project requires a Coastal Primary Sand Dunes and Beaches permit.  THE COMMISSION APPROVED THE PROJECT 9-0, AS RECOMMENDED BY STAFF, WITH THE FOLLOWING CONDITIONS:  THAT THE ARMOR MATERIAL MUST BE CLASS 3 AT THE BASE OF THE STRUCTURE, INCLUDING A FAILED SECTION; THAT THE STRUCTURE BE INSTALLED ON A 2:1 SLOPE; AND THE MATERIAL THAT HAS BEEN SHIFTED INTO THE INTERTIDAL AREA AND BEYOND MEAN LOW WATER BE RETRIEVED AND USED DURING INSTALLATION OF THE REMAINDER OF THE PROJECT.

THE COMMISSION ALSO REQUIRED THE ARMOR STONE BE INSTALLED TO AN ELEVATION OF 9 FEET. 
[Audio Item 10

11.  DWIGHT SCHAUBACH, #09-1478, request after the fact authorization to retain a previously constructed private pier, larger than the original application request, situated along the Nansemond River, at 8354 Crittenden Road in the City of Suffolk.  The existing pier consists of a 7-foot wide by 160 foot long open pile private pier, a 29-foot wide T-head, two 6-foot wide by 40-foot long finger piers creating a single boatslip with lift.  The total square footage of the T-head and associated finger piers is 1,034.75 square feet.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AFTER-THE-FACT PROJECT AS CONSTRUCTED.
[Audio Item 11

12.  PUBLIC COMMENTS:  AN OYSTERMAN CHARGED WITH HARVESTING OYSTERS ON PUBLIC ROCKS OUT OF SEASON ASKED FOR THE RETURN OF HIS DREDGE EQUIPMENT THAT WAS CONFISCATED BY THE VIRGINIA MARINE POLICE.  HE WAS TOLD THE EQUIPMENT IS EVIDENCE AND THAT HE SHOULD DISCUSS THE MATTER WITH THE COURT.
[Audio Item 12

13.  BLACK SEA BASS:  Public hearing to consider amendments to Regulation 4VAC20-950-10 et seq. that would revise the closed season for the recreational black sea bass fishery. THE COMMISSION VOTED 8-0, WITH COMMISSIONER BOWMAN ABSENT, TO APPROVE AN EXPANDED RECREATIONAL BLACK SEA BASS SEASON FOR THIS YEAR, FROM MAY 22 THROUGH OCTOBER 11 AND FROM NOVEMBER 1 THROUGH DECEMBER 31, AS AUTHORIZED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.
[Audio Item 13

14.  REVOCATION HEARINGS:  Cases concerning revocation of permits and licenses, under the authority of Section 28.2-232 of the Code of Virginia and Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass."  THE COMMISSION VOTED 8-0, WITH COMMISSIONER BOWMAN ABSENT, TO REVOKE ALL FISHING LICENSES AND FISHING PERMITS FOR TWO YEARS - THE MOST ALLOWED UNDER STATE LAW - FOR WATERMAN GORDON JETT OF FREDERICKSBURG, WHO PLEADED GUILTY IN FEDERAL COURT TO PARTICIPATING IN A STRIPED BASS POACHING RING.  HE IS THE FIFTH VIRGINIA WATERMAN SINCE APRIL TO HAVE ALL HIS LICENSES AND PERMITS REVOKED FOR STRIPER POACHING.
[Audio Item 14

15.  CASES OF VIOLATION:  Regulation 4 VAC 20-252-10 et seq., concerning individual quota overages in 2009.  THE COMMISSION VOTED 8-0, WITH COMMISSIONER BOWMAN ABSENT, TO PENALIZE SEVEN WATERMEN WHO WENT OVER THEIR INDIVIDUAL STRIPED BASS POUNDAGE QUOTAS AGAIN LAST YEAR.  BECAUSE THESE WERE SECOND OFFENSES, THE COMMISSION DECIDED TO DEDUCT THEIR 2009 OVERAGES FROM THEIR INDIVIDUAL QUOTAS FOR THIS YEAR.  AN ADDITIONAL 17 WATERMEN WERE ISSUED WARNINGS FOR EXCEEDING THEIR STRIPED BASS QUOTAS LAST YEAR.
[Audio Item 15

16.  BLUEFISH:  Public Hearing to establish the 2010 commercial bluefish quota, as part of Regulation 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish," and a report on the status of the stock of bluefish.  THE COMMISSION VOTED 8-0, WITH COMMISSIONER BOWMAN ABSENT, TO SET THE 2010 COMMERCIAL BLUEFISH QUOTA AT 1.2 MILLION POUNDS, AS AUTHORIZED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.  THE QUOTA IS 57,000 POUNDS MORE THAN THE 2009 COMMERCIAL BLUEFISH QUOTA.
[Audio Item 16

17.  DISCUSSION:  Request for a July public hearing to establish the 2010 fall recreational striped bass management measures (Regulation 4 VAC 20-252-10 et seq.)  THE COMMISSION VOTED 8-0, WITH COMMISSIONER BOWMAN ABSENT, TO HOLD A PUBLIC HEARING NEXT MONTH TO DISCUSS WHETHER TO LOOSEN THE CATCH REGULATIONS FOR THE FALL RECREATIONAL STRIPED BASS SEASON.  ANGLERS CAUGHT FEWER STRIPED BASS THAN ANTICIPATED LAST YEAR AND THE COMMISSION IS CONSIDERING A NEW DAILY POSSESSION LIMIT OF TWO STRIPERS 18-28 INCHES IN LENGTH, AND ALLOW ONE TO BE GREATER THAN 28 INCHES.  THIS WOULD ALLOW MORE FISH TO BE KEPT BECAUSE THE PREVIOUS FALL SIZE LIMITS PERMITTED TWO FISH TO BE KEPT BETWEEN 18-28 INCHES, BUT ONE COULD BE 34 INCHES OR GREATER.
[Audio Item 17]

18.  PUBLIC HEARING:  Concerning adoption of emergency amendments to Regulation 4 VAC 20-752-10 et seq, that pertain to the blue crab sanctuaries.  THE COMMISSION VOTED 8-0, WITH COMMISSIONER BOWMAN ABSENT, TO MAKE A SERIES OF TECHNICAL CHANGES TO THE BOUNDARY DESCRIPTIONS IN REGULATIONS OF THE BLUE CRAB SANCTUARY.
[Audio Item 18

THE FOLLOWING SIX SO-CALLED PAGE 2 ITEMS, WERE APPROVED BY THE COMMISSION 9-0:

2A.  M.A. BONGIOVANNI, INC., #10-0558, requests authorization to install 61 linear feet of water reuse pipeline beneath Pohick Creek and encase the pipe with compacted stone as part of the Noman G. Cole, Jr. Pollution Control Plant Water Reuse Project in Fairfax County.  Staff recommends a time-of-year restriction from February 15 through June 30 to protect andadromous fish resources in the area and a royalty in the amount of $183.00 for the encroachment beneath 61 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

2B.  NORFOLK DREDGING COMPANY, #10-0574, requests authorization to dredge 16,300 cubic yards of new material to restore maximum depths of 14 feet at mean low water at their Deep Creek Yard commercial facility at the confluence of New Mill Creek and the Southern Branch of the Elizabeth River at 1520 Shipyard Road 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 $7,335.00 for the new dredging at a rate of $0.45 per cubic yard.

2C.  ALICE K. DODSON, #09-0695, requests authorization to construct six (6) quarry stone breakwaters, totaling 410 feet in length, and extending a maximum of ten (10) feet channelward of mean low water into the Western Branch of the Elizabeth River in conjunction with a "living shoreline" stabilization project, including intertidal marsh planting and restoration, at property immediately upriver of the Hodges Ferry Bridge (Portsmouth Boulevard) in Chesapeake. 

2D.  CROWN POINT MARINA, INC., #10-0122, requests authorization to construct 740 linear feet of replacement mid tide bulkhead, install an 8 foot wide by 30 foot long aluminum gangway and eleven (11) 4-foot by 20-foot finger piers at existing slips adjacent to their facility situated along the Perrin River at 9737 Cooks Landing Road in Gloucester County.

2E.  U.S. ARMY TECHNOLOGY APPLICATIONS OFFICE, #10-0445, requests permission to impact 20 linear feet of Lucky Run and 12 linear feet of Cedar Run for the installation of a fiber optic cable, the new cable will be directionally bored at least ten (10) feet beneath original streambed associated with the Quantico Marine Base telecommunications upgrade project in Prince William County.

2F.  WESCOTT B. NORTHAM, #08-1977, requests authorization to construct and backfill 548 linear feet of vinyl replacement bulkheading, aligned a maximum of two feet channelward of a deteriorating wooden bulkhead situated along Parkers Creek at 24134 Breezy Point Road in Accomack County.  Staff recommends the assessment of a royalty in the amount of $1,096.00 for the filling of 1,096 square feet of State owned subaqueous land at a rate of $1.00 per square foot.

THE FOLLOWING CONSENT AGENDA PAGE 3 ITEM WAS APPROVED BY THE COMMISSION 9-0:

3A.  CARLTON HARWOOD, #10-0223, requests after-the-fact authorization to retain a second private pier that is 4-feet wide by 30-feet long extending from the upland to form a boatslip, including an attached 4-foot by 12-foot floating jet ski dock; and to retain 92 linear feet of timber sheet piles installed directly on the channelward side of the existing bulkhead serving 2008 Centel Road in the Bay Island subdivision, situated along Long Creek in Virginia Beach. 




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