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COMMISSION ACTIONS JULY 2010

The following are the agenda items from the Commission's regular meeting held July 27, 2010 at Commission headquarters.  The Commission's actions are in bold.

*** APPROVAL OF AGENDA. THE COMMISSION VOTED 7-0 TO APPROVE THE AGENDA.   ASSOCIATE COMMISSIONERS KYLE SCHICK AND J.T. HOLLAND WERE ABSENT FROM THE MEETING. 
[Audio Agenda

1.  MINUTES of previous meeting.  THE COMMISSION VOTED 7-0 TO APPROVE THE MINUTES OF JUNE'S MEETING, AND THEN DEVIATED FROM THE AGENDA FOR A BRIEF AWARDS CEREMONY FOR RETIRED HABITAT MANAGEMENT CHIEF BOB GRABB.   HE WAS PRESENTED A PLAQUE FOR HIS 30 YEARS OF SERVICE TO THE AGENCY, AFTER COMMENTS OF PRAISE AND GRATITUDE FROM COMMISSIONER STEVE BOWMAN AND EX-COMMISSIONER BILL PRUITT. 
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THESE 10 SO-CALLED PAGE TWO ITEMS, DELINEATED BELOW IN DETAIL, WERE APPROVED 7-0.
[Audio Item 2]

3.  CONSENT AGENDA ITEMSNONE.

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  NOT NECESSARY AT THIS MEETING.
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5.  TOWN OF WEST POINT, #08-0566, requests authorization to construct a concrete canoe/kayak launch ramp and an open-pile timber footbridge across West Point Creek to facilitate construction of the Town of West Point Riverwalk Trail Project (Phase II).  The project is protested by nearby property owners.  THE COMMISSION VOTED 7-0 TO APPROVE THE OPEN-PILE TIMBER FOOTBRIDGE AND A CANOE/KAYAK LAUNCH RAMP FOR USE BY NON-MOTORIZED BOATS.
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6.  PIANKATANK SHORES CIVIC ASSOCIATION, #10-0670, requests authorization to construct an 8 foot wide by 10 foot long open pile pier head at the channelward end of a 64 foot long community pier situated along the Piankatank River at the Association's property designated as Recreation Area #2 in Middlesex County.  The project is protested by an adjoining property owner. THE COMMISSION VOTED 7-0 TO CONSTRUCT THE COMMUNITY PIER AND PIER-HEAD WITH ADEQUATE TRASH CANS.
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7.  BRONWYN R. EVANS, #10-0632, and RICHARD A. BYLES and ANN S. EVANS, #10-0633, request authorization to install a 45-foot and 55-foot long breakwater, respectively, along with a shared 85-foot long breakwater, extending a maximum of 30 feet channelward of an existing vegetated tidal marsh, and to backfill the three breakwaters with sand nourishment to be planted with appropriate wetlands vegetation, adjacent to their adjoining properties situated along the Poquoson River in the City of Poquoson.  The project is protested by an adjacent property owner.  THE COMMISSION VOTED 7-0 TO APPROVE THIS LIVING SHORELINE EROSION STABILIZATION PROJECT THAT PROTECTS TWO PROPERTIES. 
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8.  GRETCHEN HINTON, #08-2260, requests authorization to deploy a total of 100 3-foot by 5.5-foot commercial oyster floats adjacent to her property situated along Judith Sound in Northumberland County.  The project is protested by the adjacent property owners.  THE COMMISSION VOTED 4-3 TO APPROVE THE PROJECT AS PROPOSED WITH CONDITIONS RECOMMENDED BY STAFF, WHICH PROHIBITED THE USE OF THE PROPERTY OWNERS PRIVATE PIER FOR THE AQUACULTURE ACTIVITIES, ROYALTIES, A FIVE YEAR PERMIT PERIOD, REMOVAL OF STRUCTURES THAT FALL INTO A STATE OF DISREPAIR, MARKING REQUIREMENTS, AND PROCEDURES FOR PERMIT REVOCATION IN THE EVENT OF UNFORESEEN CONFLICTS.  COMMISSIONER BOWMAN, AND ASSOCIATE COMMISSIONERS RICK ROBINS AND CARTER FOX VOTING NO.
[Audio Item 8

9.  HUNTON CREEK IMPROVEMENT ASSOCIATION, #10-0497, requests authorization to remove a damaged timber channel jetty and to construct 246 linear feet of riprap jetty along the western side of the Hunton Creek entrance channel in Middlesex County.  The project requires both a subaqueous permit and a Coastal Primary Sand Dunes and Beaches permit. THE COMMISSION APPROVED THE PROJECT 7-0, IN KEEPING WITH THE STAFF RECOMMENDATION.
[Audio Item 9

10.  KENT EARLY, #10-0689, requests authorization to extend two (2) vinyl groins a maximum of 30 feet landward and to construct a new third vinyl groin extending 56 feet channelward of mean high water adjacent to his property situated along the York River at 8778 Blue Gate Lane in Gloucester County.  The project requires both a subaqueous permit and a Coastal Primary Sand Dunes and Beaches permit.  THE COMMISSION APPROVED THE PROJECT 7-0, IN KEEPING WITH THE STAFF RECOMMENDATION.
[Audio Item 10

11.  STURGEON CREEK CONDOMINIUMS, #10-0309, requests after the fact authorization to retain six (6) wetslips constructed channelward of their authorized location, two (2) previously unauthorized wetslips, six (6) finger piers, six (6) pile supported boatlifts, five (5) small personal watercraft lifts and a 29 foot by 6 foot open pile pier extension, as well as authorization to construct 168 linear feet of additional open pile pierhead with finger piers and mooring poles to create 10 additional wetslips with uncovered boatlifts and to construct 11 cantilevered canoe and kayak racks along the landward side of the pier head at their community use pier situated along Sturgeon Creek in Middlesex County.  THE COMMISSION VOTED 7-0 TO APPROVE THE PROJECT AS PROPOSED, INCLUDING THE AFTER-THE-FACT SECTIONS. THE COMMISSION ASSESSED A TRIPLE PERMIT FEE; A CIVIL CHARGE OF $600.00 THAT WAS AGREED TO BY THE ASSOCIATION (IN LIEU OF FURTHER ENFORCEMENT ACTIONS); AND A NORMAL ROYALTY OF $1.50 PER SQUARE FOOT FOR THE ENCROACHMENT OF THE AFTER-THE FACT AND PROPOSED PIER SECTIONS. 
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12.  PUBLIC COMMENTS:  ELLIS JAMES OF NORFOLK URGED THE COMMISSION TO CONTINUE TO PROTECT AND CONSERVE SHARKS. ALSO, CRABBER TY FARRINGTON ASKED THE COMMISSION TO CONSIDER CHANGING THE WORK HOURS FOR COMMERCIAL CRABBERS TO ADJUST FOR THE UNSEASONABLY WARM SUMMER, AND THE COMMISSION VOTED 7-0 TO ADVERTISE A REGULATION CHANGE FOR CONSIDERATION AT AUGUST'S MEETING TO SET WORK HOURS FOR SEPTEMBER FROM 5 A.M. TO 1 P.M., INSTEAD OF 6 A.M. TO 2 P.M.   LASTLY, ASSOCIATE COMMISSIONER RICK ROBINS PASSED ALONG AN INDUSTRY REQUEST FOR STAFF TO EVALUATE THE IMPACTS TO THE COMMERCIAL STRIPED BASS GILL NET FISHERY FROM FEDERAL MARINE MAMMAL PROTECTION MEASURES.
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13.  PUBLIC HEARING:  Consideration of amendments to Regulation 4VAC20-252-10 et seq., "Pertaining to Striped Bass" to adjust the recreational harvest measures for the fall 2010 season.  THE COMMISSION VOTED 7-0 TO DELAY ANY ADJUSTMENT TO THE FALL RECREATIONAL STRIPED BASS REGULATIONS UNTIL NOVEMBER, WHEN THE ATLANTIC STATES MARINE FISHERIES COMMISSION WILL DECIDE WHETHER TO INCREASE STATES' COMMERCIAL STRIPED BASS QUOTA.  THE COMMISSION FELT IT WOULD BE PRUDENT TO WAIT TO DETERMINE IF THE PROPOSED LOOSENING OF RECREATIONAL STRIPED BASS CATCH LIMITS IS WARRANTED OR FEASIBLE.
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14.  KENNETH T. HEATH:  Request to license and locate two pound nets in new locations in Chesapeake Bay, near the western shore of Fisherman Island, Northampton County.  The proposed locations are protested.  THE COMMISSION VOTED 6-0-1, WITH ASSOCIATE COMMISSIONER ROBINS ABSTAINING, TO APPROVE THIS POUND NET PROPOSAL.  
[Audio Item 14

15.  ARTHUR P. BENDER:  Request to license and locate a pound net in a new location in Chesapeake Bay, northwest of the concrete ships at Kiptopeke, Northampton County.  The proposed location is protested.  THE COMMISSION VOTED 6-0-1, WITH ASSOCIATE COMMISSIONER ROBINS ABSTAINING, TO APPROVE THIS POUND NET PROPOSAL. 
[Audio Item 15

16.  RECOMMENDATIONS of the Recreational Fishing Advisory Board and Commercial Fishing Advisory Board.  THE COMMISSION VOTED 7-0 TO APPROVE $15,294 IN FUNDS FOR THREE YOUTH FISHING CLINIC PROPOSALS RECOMMENDED BY THE RECREATIONAL FISHING ADVISORY BOARD, AND $40,000 FROM THE MARINE FISHING IMPROVEMENT FUND FOR A STUDY TO DETERMINE BLUE CRAB CATCH PER UNIT EFFORT, AS RECOMMENDED BY THE COMMERCIAL FISHING ADVISORY BOARD.
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THE FOLLOWING 10 SO-CALLED PAGE 2 ITEMS, WERE APPROVED 7-0:

2A.  BILL BROWN, #10-0896, requests authorization to replace his failing bulkhead with 160 linear feet of new bulkhead encroaching no more than two (2) feet channelward adjacent to his property at 8 Cedar Point Drive situated along Sunset Creek in Hampton.  Staff recommends a royalty in the amount of $320.00 for the filling of 320 square feet of State owned submerged land at a rate of $1.00 per square foot. 

2B.  FREDERICK FISHER, III, #10-0137, requests authorization to construct a 1,044 foot long gapped rock sill structure a maximum of 39 feet channelward of mean low water, backfilled with 3,100 cubic yards of sand/cobble material and planted with tidal wetlands and riparian vegetation, to reduce shoreline erosion and protect an existing historic brick and mortar retaining wall at his property situated along the James River at Westover in Charles City County.  Recommend approval conditioned on the assessment of a royalty in the amount of $414.25 for the placement of sandy/cobble fill over 8,285 square feet of State owned subaqueous land at a rate of $0.05 per square foot.

2C.  CHARLES THOMAS, #10-0509, requests authorization to reconstruct an existing 5' wide by 300' long 39 slip commercial pier, with a 5' wide by 80' long T head and 17 finger piers and to install approximately 509 linear feet of replacement bulkheading encroaching a maximum of 2 feet channelward of the deteriorating structure at their existing marina situated along Chisman Creek in York County.

2D.  KIMAGES WHARF ASSOCIATES, LLC, #10-0700, requests authorization to construct a 6-foot wide by 500-foot long 12-slip community pier with an 8-foot wide by 76-foot long T-head, 12 finger piers and 12 uncovered boat lifts at property situated along the James River in Charles City County.  Recommend approval conditioned on the applicant recording restrictive covenants prohibiting the construction of private piers for Lots 1-6 and an encroachment royalty of $16,050.00 for the encroachment of the pier and slips over 10,700 square feet of State-owned subaqueous land at a rate of $1.50 per square foot.

2E.  CITY OF VIRGINIA BEACH, ET AL, #09-1686, requests authorization to place approximately 2 million cubic yards of beach quality sand along the 5 mile stretch of Sandbridge Beach, situated along the Atlantic Ocean in Virginia Beach.  Beach nourishment will include hydraulically pumping sand from the Sandbridge Shoals borrow area, located approximately 3 nautical miles offshore, to the beach area between the Navy's Dam Neck Fleet Training Center to the north and the Back Bay National Wildlife Refuge to the south.  Nourishment is proposed to occur approximately once every 3 years during the life of a Commission permit. Recommend the initial permit be approved for a period of five (5) years. 

2F.  METRO MACHINE CORPORATION, #04-2036, requests a modification to an existing permit to now construct a 15-foot wide by 16-foot long open-pile extension onto an existing electrical transformer platform; to construct a 29 to 33-foot wide by approximately 155-foot long, open-pile concrete pier/trestle, which will provide access by means of an approximately 13-foot wide by 60-foot long portable steel ramp to two (2) approximately 40-foot wide car floats of 361 and 290 feet in length respectively, placed end to end to serve as a floating pier; and to construct one (1) 32-foot by 36-foot horseshoe shaped mooring dolphin with an outboard timber and rubber fender system at the channelward terminus of the proposed floating pier, all of which is intended to support shipyard activities related to the maintenance, repair, and overhaul of the U.S. Navy's LPD-17 class vessels immediately northeast of their existing floating drydock at their facility situated at the confluence of the Eastern and Southern Branches of the Elizabeth River in the City of Norfolk.  The proposed open-pile pier/trestle will also require the relocation of an existing steel walkway, which provides access to the existing Tower Crane #2, approximately 8 feet to the southwest along an existing bulkhead.

2G.  CITY OF NORFOLK, #10-0271, requests authorization to install a 3-foot by 5-foot box culvert adjacent to an existing culvert beneath Blair Avenue near Dupont Circle, to improve drainage and tidal flow to an unnamed tributary to the Lafayette River in the City of Norfolk.

2H.  CITY OF NORFOLK, #10-0644, requests authorization to maintenance dredge, on an as-needed basis, as much as 26,000 cubic yards, per cycle, of State-owned subaqueous material from within an existing 6,400-foot long channel within Broad Creek, with widths varying between 25 and 40 feet.  The channel will be dredged to a maximum depth of minus five and a half (-5.5) feet at mean low water and will include a 30-foot turning basin at its northern terminus.  Staff recommends inclusion of the standard dredging conditions.

2I.  COLUMBIA GAS OF VIRGINIA, #10-0964, requests authorization to replace an existing natural gas pipeline currently suspended from the Route 61 bridge over the New River in the Town of Narrows, Giles County, by installing a 6-inch diameter natural gas pipeline beneath approximately 483 linear feet of the New River, by directional bore method, immediately upstream of the Route 61 bridge.  Staff recommends the assessment of a royalty in the amount of $1,449.00 for the gas line's encroachment over 483 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

2J. DOZIER MARINE, INC, ET AL, #10-0674, requests authorization to remove a deteriorated timber jetty and construct a new 140-foot long vinyl jetty and to construct 220 linear feet of vinyl wave attenuator, remove two (2) floating pier sections and install a 12-foot by 220-foot and a 10-foot by 70 floating concrete pier sections and a 12-foot by 40-foot angled platform area to re orient their mooring piers and improve wave attenuation at the Regatta Point Yacht Club facility situated along Broad Creek in Middlesex County.

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