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COMMISSION ACTIONS JUNE 23, 2015

** APPROVAL OF AGENDA.  THE MEETING AGENDA WAS APPROVED UNANIMOUSLY. [ audio ]

1. MINUTES of previous meeting.  APPROVED. [ audio ]

2.  PERMITS  (Projects over $500,000 with no objections and with staff recommendation for approval).  THE SO-CALLED PAGE 2 ITEMS DELINEATED BELOW AS 2A AND 2C WERE UNANIMOUSLY APPROVED. [ audio ]

3.  CONSENT AGENDA ITEMS. THE CONSENT AGENDA ITEM DELINEATED BELOW AS 3A WAS UNANIMOUSLY APPROVED IN ACCORDANCE WITH STAFF’S RECOMMENDATION WHICH INCLUDED AN AGREED UPON CIVIL CHARGE FROM THE PROPERTY OWNER IN THE AMOUNT OF $1,000, A TRIPLE PERMIT FEE OF $75, AND A ROYALTY OF $2,917.50.  [ audio ]

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

5. SHENANDOAH TELEPHONE COMPANY, #15-0426, requests authorization to relocate an existing aerial telephone line across the North Fork Shenandoah River, to the south of the Artz Road Bridge in Shenandoah County. The project is protested by an adjacent property owner. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT CONSISTENT WITH STAFF'S RECOMMENDATION AND WITH A ROYALTY OF $510.00 FOR THE ENCROACHMENT OF THE LINE OVER 170 LINEAR FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $3.00 PER LINEAR FOOT. [ audio ]

6. COUNTY OF WESTMORELAND, #15-0522, requests authorization to install a sewer line, by directional drill method, under 586 linear feet of Lower Machodoc Creek, 223 linear feet of Jones Branch, and 468 linear feet of Mount Pleasant Branch, to serve the communities of Cabin Point, Glebe Harbor, Tidwells and Drum Bay. The project is protested by an adjacent property owner. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED. [ audio ]

7. RICHARD and RITA PORTERFIELD, #15-0378, request after-the-fact authorization to retain a 65-foot long, private use, non-riparian pier and two (2) vinyl sheet-pile, groins which extend from their upland property, across a riparian strip of beach owned by Timberneck Land, LLC, and into the Rappahannock River at 196 Montgomery Cove Road in Deltaville, Middlesex County. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT AS RECOMMENDED BY STAFF WITH A TRIPLE PERMIT FEE OF $75.00. [ audio ]

8. DAVID D. and CHRISTOPHER W. HUFF, #15-0385, request after-the-fact authorization to retain a 112-foot long, private use, non-riparian pier from their upland property across a riparian strip of beach owned by Timberneck Land, LLC, and into the Rappahannock River at 182 Montgomery Cove Road in Deltaville, Middlesex County. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT AS RECOMMENDED BY STAFF WITH A TRIPLE PERMIT FEE OF $75.00. [ audio ]

9. BRIEFING AND REQUEST FOR PUBLIC HEARING: Proposed "Living Shoreline Group 1 General Permit for Certain Living Shoreline Treatments Involving Tidal Wetlands." The general permit regulation is being developed pursuant to §28.2-104.1 of the Code of Virginia. THE COMMISSION VOTED UNANIMOUSLY TO PROCEED WITH ADVERTISING TO HOLD A PUBLIC HEARING ON THE PROPOSED GENERAL PERMIT AT THE JULY 28, 2015 COMMISSION MEETING. [ audio ]

10. PUBLIC COMMENT: ONE INDIVIDUAL CAME FORWARD WITH A REQUEST AND A PETITION SIGNED BY 35 PEOPLE ASKING THE COMMISSION TO RECONSIDER THE REGULATION ADOPTED BY THE COMMISSION AT THE MAY 2015 MEETING TO ESTABLISH A NEW PERMIT AND FEE FOR TRANSPORTING OYSTERS FROM CONDEMNED OYSTER GROUNDS. THE PETITION WAS RECEIVED AND WILL BE ADDED TO THE RECORD.  [ audio ] {see item 1 minutes audio additionally}

11. OFFENDERS: THE COMMISSION VOTED UNANIMOUSLY TO ACCEPT THE STAFF RECOMMENDATION REGARDING FISHERIES LICENSE REVOCATIONS; audio ]

12. PUBLIC HEARING: Amendments to Chapter 4 VAC 20-70-10 et seq., "Pertaining to the Harvesting of Clams," and Chapter 4 VAC 20-1090-10 et seq., "Pertaining to Licensing Requirements and License Fees," to establish a gear license and harvesting criteria for hand-held "water rake" for the harvest of cultured hard clams on leased ground. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE USE OF HAND-HELD 'WATER RAKES' FOR THE HARVEST OF CULTURED HARD CLAMS ON LEASED GROUNDS.audio ]

13. PUBLIC HEARING: Amendments to Chapter 4 VAC 20-1270-10 et seq., "Pertaining to Atlantic Menhaden" to increase Virginia's portion of the coast-wide total allowable landings of menhaden, in accordance with recent ASMFC actions, and to modify the requirements for sector quota deductions when an overage to Virginia's total allowable landings occurs. THE COMMISSION VOTED UNANIMOUSLY TO INCREASE THIS YEAR'S LANDINGS OF ATLANTIC MENHADEN, AS AUTHORIZED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION, BASED ON A NEW STOCK ASSESSMENT.audio ]

14. REQUESTS FOR A JULY PUBLIC HEARING: To modify the criteria for an exception to the two-year delay process for a Commercial Fisherman Registration License within Chapter 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting," as provided by Section 28.2-241 of the Code of Virginia. THE COMMISSION APPROVED UNANIMOUSLY.audio ]

15. REQUEST FOR A JULY PUBLIC HEARING: To revise the lawful season and area for the harvest of clams by patent tong from the Newport News Shellfish Management Area, and prohibit additional lease applications within any shellfish management area that are described in Chapter 4 VAC 20-560-10 et seq., "Pertaining to Shellfish Management Areas." THE COMMISSION APPROVED UNANIMOUSLY.audio ]

THE FOLLOWING SO-CALLED PAGE TWO ITEMS WERE APPROVED UNANIMOUSLY:

2A. COLUMBIA GAS TRANSMISSION, #15-0506, requests authorization to cross the South Fork Shenandoah River with a new natural gas pipeline, trenched a minimum of five (5) below the natural river bed, near Grove Hill in Page County. Recommend approval with standard instream work conditions including all work be done in the dry behind temporary cofferdams such that no more than one-half of the river flow is blocked at a time, strict adherence to erosion and sediment control laws, complete restoration of the river bed and banks upon completion of the installation of the new line, and a royalty in the amount of $729.00 for the encroachment over 243 linear feet of State-owned submerged land at the proscribed rate of $3.00 per linear foot.

2C. JOINT BASE LANGLEY-EUSTIS, #14-0777, requests authorization to install a 30-foot wide by 868 linear foot long fuel dock with a 75-foot by 50-foot L-head and associated mooring pile, and a 20-foot wide emergency response boat ramp extending a maximum of 15 feet channelward of mean low water along the Southwest Branch Back River at Joint Base Langley-Eustis in the City of Hampton.

THE FOLLOWING SO-CALLED PAGE THREE ITEM WAS APPROVED UNANIMOUSLY:

3A. ROBERT D. LAMB, JR., #15-0438,
requests after-the-fact authorization to retain a 275-foot long by 5-foot wide commercial pier, which includes a 105-foot long by 16-foot wide L-head, and to install two (2) mooring piles situated adjacent to his property along Cherrystone Creek at 2112 Cherrystone Road in Northampton County. The pier is part of an aquaculture shellfish operation and the L-head had not existed for over 20 years. The applicant has agreed to pay a civil charge in the amount of $1,000.00 in lieu of further enforcement action and royalties in the amount of $2,917.50 for the encroachment of the pier platform 1,945 square feet of State-owned subaqueous land at a rate of $1.50 per square foot. Staff recommends approval and acceptance of the civil charge, triple permit fee and royalties.




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