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COMMISSION ACTIONS JUNE 2011

The following are the agenda items from the Commission's regular meeting held June 28, 2011 at Commission headquarters.  The Commission's actions are in bold.


COMMISSIONER BOWMAN OPENED THE MEETING BY THANKING ASSOCIATE COMMISSIONERS J.T. HOLLAND AND ERNIE BOWDEN FOR THEIR EIGHT YEARS EACH OF DEDICATED SERVICE.  THIS WAS THEIR LAST MEETING, BARRED BY LAW FROM SERVING MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS.  [Audio Commission Board Members]

** APPROVAL OF AGENDA.  THE COMMISSION VOTED 9-0 WITH ALL COMMISSIONERS PRESENT TO APPROVE THE AGENDA.
[Audio Agenda]

1.  MINUTES of previous meeting.  THE COMMISSION APPROVED THE MINUTES OF MAY'S MEETING ON A VOTE OF 9-0.
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THESE SIX SO-CALLED PAGE 2 ITEMS, DELINEATED BELOW IN DETAIL, WERE APPROVED 9-0.
[Audio Item 2]

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

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

5.  DAVID D. OWEN, #11-0531.  Commission review on appeal by the applicant of the May 12, 2011, decision by the Lancaster County Wetlands Board to deny an application to install a total of 155 linear feet of quarry stone marsh sill and 165 linear feet of quarry stone revetment at his property on James Cove of Carter Creek in Lancaster County.  THE COMMISSION VOTED 9-0 TO UPHOLD THE LANCASTER WETLAND BOARD'S DECISION TO DENY THE APPLICATION.
[Audio Item 5]

6.  GARY STULL, #10-0587.  Commission review on appeal by the applicant of the Norfolk Wetland Board's May 11, 2011, decision to deny the replacement of 148 linear feet of bulkhead and return walls at his property situated along a man-made canal off the North Branch of the Lafayette River in the City of Norfolk.  THE COMMISSION VOTED 9-0 TO TABLE THIS APPEAL, AT THE APPLICANT'S REQUEST.
[Audio Item 6]

7.  WEST BAY HOMEOWNERS ASSOCIATION #10-1251, requests authorization to install jet ski lifts at each of the 18 existing boats slips at three of the Association's community piers and to change the designation of the remaining pier (Pier 4) from a fishing pier to a recreation pier.  The project is protested by an adjacent property owner.  THE COMMISSION VOTED 8-1 TO APPROVE THE PROJECT, PER STAFF RECOMMENDATION, WHICH INCLUDED A REQUIREMENT THAT THE LIFTS BE USED ONLY FOR PERSONAL WATER CRAFT OR NON-MOTORIZED VESSELS.  ASSOCIATE COMMISSIONER BRYAN PLUMLEE VOTED NO.
[Audio Item 7]

8.  JEFF WALDON, #10-1879, requests authorization to construct a 40-foot long by 22-foot wide concrete low-water bridge crossing Gooney Creek in Warren County.  The project is protested by an adjacent property owner.  THE COMMISSION VOTED 9-0 TO APPROVE THE PROJECT AS PROPOSED, PER STAFF RECOMMENDATION.
[Audio Item 8]

9.  DOMINION RESOURCES, INC., #10-1787, requests authorization for construction-related impacts to tidal wetlands and for the crossing over State-owned subaqueous bottomlands of Proctors Creek, a tributary to the James River, in conjunction with the installation of a 30-foot wide vehicular bridge in association with a proposed industrial solid waste management facility for disposal of fossil fuel combustion products generated at the adjoining Chesterfield Power Station (CPS) in Chesterfield County.  Both Tidal Wetlands and Submerged Lands Permits are required.  THE COMMISSION VOTED 9-0 TO APPROVE THE PROJECT WITH THE RECOMMENDATIONS OF STAFF.
[Audio Item 9]

10.  PUBLIC COMMENTS.   RETIRING VIRGINIA SEAFOOD COUNCIL EXECUTIVE DIRECTOR FRANCES PORTER TOLD THE COMMISSION TO NOT GIVE UP ON THE POSSIBILITY OF INTRODUCING A NON-NATIVE OYSTER TO VIRGINIA WATERS BECAUSE THE STATE OYSTER INDUSTRY REMAINS IN NEED OF HELP.  STATE AND FEDERAL OFFICIALS NIXED A PROPOSAL TO INTRODUCE AN ASIAN OYSTER IN 2009.  COMMISSIONER BOWMAN THANKED MS. PORTER FOR ALL HER MANY YEARS OF HARD WORK AND PASSION ON BEHALF OF THE SEAFOOD INDUSTRY.   IN OTHER PUBLIC COMMENTS, ELLIS JAMES OF NORFOLK SPOKE ON THE IMPACT OF CLIMATE CHANGE IN VIRGINIA.
[Audio Item 10]

11.  PUBLIC HEARING:  Proposed regulation to establish a moratorium on River Herring (alewife and blue back herring), effective January 1, 2012, to comply with the provisions of the ASMFC Fishery Management Plan for Shad and River Herring.  THE COMMISSION VOTED 9-0 TO ENACT A BAN ON THE POSSESSION OF RIVER HERRING (ALEWIFE AND BLUE BACK HERRING) EFFECTIVE JAN. 1, 2012.  THE DECISION WAS MADE IN ORDER TO COMPLY WITH AN ATLANTIC STATES MARINE FISHERIES COMMISSION ORDER.  THE EAST COAST RIVER HERRING STOCK HAS COLLAPSED OVER THE PAST 40 YEARS.
[Audio Item 11]

12. PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-490-10 et seq., "Pertaining to Sharks", to establish an annual commercial quota, buyer reporting requirements, a control date, and other measures.  THE COMMISSION VOTED 9-0 TO ESTABLISH A 2.1 MILLION POUND COMMERCIAL SPINY DOGFISH QUOTA FOR THE YEAR AND TO ENACT A CONTROL DATE OF APRIL 30, 2011 IN THE EVENT OF FUTURE SPINY DOGFISH FISHERY MANAGEMENT DECISIONS.
[Audio Item 12]

13. RECREATIONAL FISHING ADVISORY BOARD RECOMMENDATIONS FOR PROJECT FUNDING.  THE COMMISSION VOTED 8-0 TO APPROVE SPENDING $23,000 IN RECREATIONAL FISHING LICENSE FUNDS FOR FOUR FISHING EDUCATION PROJECTS.
[Audio Item 13]

14. KEITH J. MUMMERT:  Appeal of decision denying his request for an exception to the two-year waiting period for a Commercial Fishermen Registration License.  THE COMMISSION AGREED TO TABLE MR. MUMMERT'S REQUEST FOR AN EXCEPTION TO THE TWO-YEAR WAITING PERIOD UNTIL SEPTEMBER. THE DEFERRAL WAS AT HIS REQUEST.
[Audio Item 14]

15. REVIEW OF FEDERAL FUNDING FOR OYSTER RESTORATION.  FISHERIES CHIEF JACK TRAVELSTEAD BRIEFED THE COMMISSION ON DISCUSSIONS WITH THE U.S. ARMY CORPS OF ENGINEERS ON HOW TO BEST USE FEDERAL OYSTER RESTORATION FUNDS OVER THE NEXT FEW YEARS.  HE REPORTED THAT AN AGREEMENT IN PRINCIPLE WAS REACHED TO CONDUCT MAINTENANCE SHELLING ON THE GREAT WICOMICO OYSTER SANCTUARY, AND TO STUDY THE EXTENT OF FOSSILIZED OYSTER SHELLS THAT MAY BE AVAILABLE FOR FUTURE PROJECTS, AND TO EXAMINE THE ENVIRONMENTAL BENEFITS INHERENT IN A ROTATIONAL OYSTER HARVEST PROGRAM.
[Audio Item 15]

16. EDWARD H. BENDER:  Formal Hearing to appeal the Commission's decision to license and locate a pound net (0031) off Fishermans Island.  THE COMMISSION DENIED THE APPEALANT'S PETITION TO DENY A PREVIOUSLY AUTHORIZED POUND NET OFF FISHERMANS ISLAND ON THE EASTERN SHORE.  THE VOTE WAS 5-1, WITH ASSOCIATE COMMISSIONER ED TANKARD VOTING NO.  ASSOCIATE COMMISSIONER RICK ROBINS RECUSED HIMSELF FROM DISCUSSIONS AND THE VOTE, AND COMMISSIONER BOWMAN ABSTAINED.
[Audio Item 16]

THE FOLLOWING SIX SO-CALLED PAGE 2 ITEMS (PROJECTS OVER $50,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WERE APPROVED 9-0:

2A.  VERIZON, #11-0601, requests authorization to replace an existing, overhead fiber optic line across the Piankatank River, immediately west of the Rt. 3 Twiggs Ferry Bridge between Mathews and Middlesex Counties in an area removed from Public Oyster Ground pursuant to Senate Bill 921 of the 2011 session of the General Assembly.  The new fiber optic line will be installed using horizontal directional drill beneath the tidal wetlands, and trenched into the river bed using jet-assist plow method to a minimum depth of three (3) feet below the sediment surface.  Recommend approval with the complete removal of the existing line, and a royalty in the amount of $6,300.00 for the crossing of 2,100 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot.

2B.  VIRGINIA INSTITUTE OF MARINE SCIENCE, #11-0634, requests authorization to deploy a water quality monitoring instrument within Public Oyster Ground in the Rappahannock River with a surface buoy for a period of 120 days at a site located approximately 1.2 miles southeast of Towles Point at 37 37' 57.72" North Latitude and 76 31' 45.84" West Longitude between Lancaster and Middlesex County.

2C.  VIRGINIA INSTITUTE OF MARINE SCIENCE, #11-0720, requests authorization to install one, 16-foot long 6 inch diameter piling with an attached galvanized tower and a four (4) inch diameter PVC pipe situated within Public Oyster Ground in Spider Crab Bay at 37 20' 54.66" N, 75 48' 10.27" W in Northampton County.  The structure will be approximately 13 feet tall (above mean high water) and will hold scientific instrumentation. 

2D.  VIRGINIA INSTITUTE OF MARINE SCIENCE, #11-0630, requests authorization to deploy a water quality monitoring instrument within Public Oyster Ground in the York River with a surface buoy for a period of 120 days at a site located approximately 1.3 miles south-southeast of the mouth of the Perrin River at 37 14' 43.5" North Latitude and 76 24' 33.12 West Longitude in Gloucester County. 

2E.  JAMESTOWN-YORKTOWN FOUNDATION #11-0350, requests authorization to install six (6) permanent day markers and maintenance dredge by hydraulic or clamshell method approximately 30,000 cubic yards of bottom material on an as-needed basis, approximately every five (5) years, to provide project depths of -17 feet mean low water in the basin/inner channel and the outer channel adjacent to the Jamestown Settlement Park situated along the James River in James City County.  The dredge material will be disposed of overboard at the Dredge Material Management Area downstream of the channel.  Staff recommends the standard dredge conditions and a time of year restriction prohibiting overboard disposal between February 15 through June 15 to protect anadromous fish species.

2F.  BKEP MATERIALS LLC, #11-0451, requests authorization to maintenance dredge an estimated 34,400 cubic yards of State-owned submerged lands on an as needed basis to maintain a maximum depth of -38-feet mean low water on the west side of their pier and -18-feet mean low water on the East side of the pier adjacent to the applicant's commercial facility along the James River in the City of Newport News.  Staff recommends the standard dredge conditions. 

THE FOLLOWING PAGE THREE CONSENT AGENDA ITEM WAS APPROVED 9-0:   

3A.  SOUTHALL LANDINGS MARINA, #10-1731, requests after-the-fact authorization to retain two additional previously unpermitted piers at their facility located adjacent to the Salt Ponds Channel in the City of Hampton.  The applicant has agreed to the payment of triple permit fees in the amount of $300.00 and a civil charge of $1,200.00 in lieu of further enforcement action.


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