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COMMISSION ACTIONS JUNE 2012

The following are the agenda items from the Commission's regular meeting held June 26, 2012 at Commission headquarters.  The Commission's actions are in bold.

** APPROVAL OF AGENDA. THE MEETING AGENDA WAS APPROVED UNANIMOUSLY, WITH ALL NINE COMMISSION MEMBERS PRESENT.
[Audio Agenda

1.  MINUTES of previous meeting.  THE MINUTES OF THE COMMISSION'S MAY 29 MEETING WERE APPROVED UNANIMOUSLY WITH ASSOCIATE COMMISSIONER RICK ROBINS ABSTAINING FROM THE VOTE.
[Audio Item 1

2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).  THESE FOUR SO-CALLED PAGE 2 ITEMS, DELINEATED BELOW AS AGENDA ITEMS 2A-2D, WERE APPROVED UNANIMOUSLY.
[Audio Item 2

3.  CONSENT AGENDA ITEMSTHIS CONSENT AGENDA ITEM, DELINEATED BELOW AS AGENDA ITEM 3A, WAS APPROVED UNANIMOUSLY.
[Audio Item 3

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

5.  WILLIAM KIRBY, #03-2549 (After-the-fact Modification Request).  Commission review on appeal by the applicant of the May 9, 2012, decision of the Gloucester County Wetlands Board to deny his after-the-fact request to modify his permit to allow his existing concrete pipe breakwater, spur and revetment to remain as currently constructed adjacent to his property situated along the Northwest Branch of the Severn River at 9605 Glass Road in Gloucester County.  THE COMMISSION VOTED UNANIMOUSLY, IN KEEPING WITH STAFF RECOMMENDATION, TO UPHOLD THE GLOUCESTER WETLANDS BOARD'S DENIAL OF THE APPLICANT'S REQUEST TO MODIFY HIS PERMIT.
[Audio Item 5

6.  MARC E. BROWN, #2012-011, requests authorization to lease up to 18 acres of oyster planting grounds at the confluence of the Pagan River and James River adjacent to the Pagan River channel in Isle of Wight County.  The project is protested by an adjacent leaseholder.  THE COMMISSION VOTED UNANIMOUSLY TO DELAY A DECISION ON THE OYSTER GROUND LEASE APPLICATION UNTIL AUGUST, IN ORDER FOR STAFF TO DETERMINE THE DISTANCE BETWEEN THE COAST GUARD CHANNEL MARKERS IN THE PAGAN RIVER AND THE ARMY CORPS OF ENGINEERS' NAVIGATION CHANNEL.
[Audio Item 6

7.  CHRISTOPHER W. CUONO, #2007-059-S, requests authorization to lease 3.59 acres of Oyster Planting Ground in Black Point Drain, a small tributary to Assateague Channel, near Toms Cove Campground in the Town of Chincoteague, Accomack County.  The project is protested by a nearby property owner.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE OYSTER GROUND APPLICATION.  MR. ROBINS RECUSED HIMSELF FROM THE DISCUSSIONS AND THE VOTE.
[Audio Item 7

8. PUBLIC COMMENTS.  NONE.
[Audio Item 8

9.  PUBLIC HEARING:  Establish the 2012 commercial bluefish quota as 1,225,649 pounds, Chapter 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish".  THE COMMISSION VOTED UNANIMOUSLY TO SET THE COMMERCIAL BLUEFISH QUOTA FOR 2012 AT 1.2 MILLION POUNDS, A SLIGHT INCREASE ABOVE THE 2011 QUOTA.
[Audio Item 9

10. REQUEST FOR PUBLIC HEARING:  Requesting modification of the October 4 through December 31 Chesapeake Area recreational striped bass management measures currently established as a 2-fish possession limit, with a minimum size limit of 18 inches total length and maximum size limit of 28 inches total length, except one striped bass may be 34 inches or greater.  The proposed modification would maintain the 2-fish possession limit and maximum size limit of 28 inches, except one striped bass may be greater than 28 inches total length.  THE COMMISSION VOTED UNANIMOUSLY TO HOLD A PUBLIC HEARING AND VOTE IN JULY TO SIMPLIFY AND LOOSEN THE RECREATIONAL STRIPED BASS CATCH SIZE LIMITS, ALLOWING ANGLERS TO KEEP MORE OF THE STRIPERS THEY CATCH DURING THE FALL STRIPED BASS SEASON.  IF APPROVED, THE NO-TAKE SLOT LIMIT OF 28-34 INCHES FIRST IMPLEMENTED IN 2005 WOULD BE ELIMINATED.
[Audio Item 10

11. APPEALS OF DENIALS FOR AN EXCEPTION TO THE TWO YEAR WAITING PERIOD FOR A COMMERCIAL FISHERMAN REGISTRATION LICENSE.   THE COMMISSION VOTED UNANIMOUSLY TO UPHOLD THE COMMISSIONER'S DECISION TO DENY A CHESAPEAKE RESIDENT'S REQUEST TO BE EXEMPTED FROM THE TWO-YEAR WAITING PERIOD REQUIRED TO BE ELIGIBLE TO OBTAIN A COMMERCIAL REGISTRATION CARD FROM THE AGENCY.  THE COMMISSION DETERMINED THAT HE DID NOT MEET THE LEGAL REQUIREMENTS TO BE ELIGIBLE TO BYPASS THE TWO-YEAR WAITING PERIOD.
[Audio Item 11

12. RECREATIONAL FISHING ADVISORY BOARD RECOMMENDATIONS FOR PROJECT FUNDING.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE $347,000 IN FUNDING FOR EIGHT RECREATIONAL FISHING DEVELOPMENT PROJECTS THAT WERE RECOMMENDED BY THE RECREATIONAL FISHING ADVISORY BOARD.  THE PROJECTS WILL BE PAID FOR THROUGH PROCEEDS FROM THE SALE OF RECREATIONAL FISHING LICENSES.  ALSO, COMMISSIONER JACK TRAVELSTEAD PRESENTED LONGTIME FISHERIES STAFFER SONYA DAVIS WITH A PLAQUE TO HONOR HER MANY YEARS OF SERVICE AS LIASION TO THE ADVISORY BOARD IN ADDITION TO HER MANY OTHER DUTIES.
[Audio Item 12

13. OCTOBER/NOVEMBER/DECEMBER MEETING DATES.  THE COMMISSION VOTED UNANIMOUSLY TO RESCHEDULE ITS OCTOBER MEETING FOR OCT. 30 AND TO HOLD A COMBINED NOVEMBER/DECEMBER MEETING ON DEC. 4.
[Audio Item 13

THE FOLLOWING FOUR SO-CALLED PAGE 2 ITEMS (PROJECTS OVER $500,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WERE APPROVED UNANIMOUSLY, PER STAFF RECOMMENDATION:

2A.  DEPARTMENT OF THE NAVY, #12-0284, requests authorization to install approximately 2,220 linear feet of sewer force main beneath the York River by directional bore and 200 linear feet via the open-cut method to facilitate replacement of the existing sewer force main servicing Pier R3 at Naval Weapons Station Yorktown in York County.

2B.  COBB'S MARINA, #08-2290, requests authorization to rehabilitate their existing marina, to remove and replace existing fixed piers and associated mooring piles, to include a 424-foot long by 10-foot wide floating pier with a 620-foot L-head platform, a 364-foot long by 8-foot wide floating pier with a 1,050 T-head platform, a 251-foot long by 8-foot wide floating pier and a 400-foot wide L-head platform resulting in the creation of 67 permanent slips and 7 temporary mooring spaces, and to mechanically dredge approximately 10,995 cubic yards of State-owned submerged land during a one-time dredging event to achieve maximum navigable depths of -8.5 feet mean low water for the majority of the marina basin, and to a depth of -6.5 mean low water adjacent to an existing boat ramp at their facility at 4524 Dunning Road situated on Little Creek in the City of Norfolk.  Dredged material will be offloaded on-site into sealed dump trucks and transported to the Higgerson-Buchannan dredged material disposal pit in Chesapeake.  Staff recommends approval with a one-time royalty payment of $4,947.75 for the dredging of 10,995 cubic yards of material at a rate of $0.45 per cubic yard. 

2C.  VANE MARINE TERMINAL, LLC #12-0485, requests authorization to remove 25 existing deteriorating timber dolphins and replace with approximately 18 3-pile or 4-pile open-ended steel pipe dolphins with rubber facing installed immediately adjacent to the location of the timber dolphin to be removed adjacent to their property at 3950 Burtons Point Road situated on the Southern Branch of the Elizabeth River in the City of Portsmouth.

2D.  DEPARTMENT OF THE NAVY, #12-0734, requests authorization to install an 8-inch steel submarine cable conduit by directionally drilling from the NAS Oceana, Dam Neck Annex under the bottom of the Atlantic Ocean to a point approximately 6,000 feet channelward of mean low water with coordinates of 7555'56" W Longitude and 3645'53" N Latitude in Virginia Beach.  The conduit will terminate in a flanged end cap flush with the seafloor at a depth of approximately 28 feet in an effort to maintain seafloor cable systems that provide essential oceanographic data for the Commander Undersea Surveillance mission of the Navy. 

THE FOLLOWING PAGE THREE CONSENT AGENDA ITEM WAS APPROVED UNANIMOUSLY, PER STAFF RECOMMENDATION:   

3A.  VIRGINIA ELECTRIC AND POWER CO., #11-0207, requests after-the-fact authorization to retain an aerial 230 kV electrical transmission line from Bristers Junction to Gainesville, impacting a total of 70 linear feet of Town Run (two locations), 50 linear feet of Cedar Run, 21 linear feet of Kettle Run and 65 linear feet of Broad Run in Fauquier and Prince William Counties.  The applicant has agreed to pay a civil charge in the amount of $2,000.00 and triple permit fees in lieu of further enforcement action.  Staff recommends approval and acceptance of the aforementioned civil charge and fees, along with a royalty in the amount of $618.00 for the encroachment of the project across 206 linear feet of State-owned subaqueous land, at a rate of $3.00 per linear foot.


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