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COMMISSION ACTIONS JULY 2011

The following are the agenda items from the Commission's regular meeting held July 26, 2011 at Commission headquarters.  The Commission's actions are in bold.


COMMISSIONER BOWMAN OPENED THE MEETING BY INTRODUCING NEW ASSOCIATE COMMISSIONERS WHITT SESSOMS AND JOE PALMER, WHO WERE APPOINTED BY GOVERNOR MCDONNELL TO FOUR-YEAR TERMS.  [Audio Commission Board Members]

** APPROVAL OF AGENDA.  THE AGENDA WAS APPROVED 8-0, AFTER IT WAS AMENDED TO INCLUDE ITEM 13, MODIFYING REGULATIONS TO REFLECT THE NAME CHANGE OF NORTHROP GRUMMAN/NEWPORT NEWS SHIPBUILDING COMPANY TO HUNTINGTON INGALLS INDUSTRIES/NEWPORT NEWS SHIPBUILDING COMPANY.  ASSOCIATE COMMISSIONER CARTER FOX WAS ABSENT FROM THE MEETING.
[Audio Agenda]

1.  MINUTES of previous meeting.  THE MINUTES WERE APPROVED 6-0, WITH ASSOCIATE COMMISSIONERS SESSOMS AND PALMER ABSTAINING.
[Audio Item 1]

2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).  NONE.

3.  CONSENT AGENDA ITEMSTHIS CONSENT AGENDA ITEM, 3A, DELINEATED BELOW IN DETAIL, WAS APPROVED 8-0.
[Audio Item 3]

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

5.  JAMES GOLDING, #11-0516, requests authorization to construct an open sided 792 square foot boathouse at the end of a proposed 200-foot long private open pile pier in lieu of a previously permitted 1,232 square foot enclosed boathouse at property situated along the James River in Charles City County.  The project is protested by several property owners.  THE COMMISSION APPROVED THE PROJECT 8-0, AS RECOMMENDED BY STAFF, PROVIDED THE APPLICANT FINALIZES THE PURCHASE OF A 42-FOOT VESSEL TO JUSTIFY THE SIZE OF THE BOATHOUSE CONSTRUCTION.
[Audio Item 5]

6.  HAYDEN GORDON, #11-0120, requests authorization to install 85 linear feet of riprap revetment channelward of a failing concrete bulkhead, replace a 32 linear foot groin with a 40 linear foot low-profile groin, and replace framing and decking on an existing previously permitted private pier situated at his property along Hampton Roads in the City of Hampton.  Both Coastal Primary Dune and Beaches and Subaqueous Lands Permits are required.  THE COMMISSION VOTED 8-0 TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.
[Audio Item 6]

7.  HERBERT KIRKLAND, #11-0675, requests authorization to construct 100 linear feet of replacement bulkhead aligned 18 inches channelward of a deteriorated bulkhead, with two (2) 50-foot long return walls and riprap along a drainage outlet on the east side of the property, and to remove two deteriorated groins and construct two (2) new timber groins extending 65 feet channelward of the proposed bulkhead adjacent to his property situated along the York River at 1601 Browns Lane in Gloucester County.  Both Coastal Primary Sand Dunes and Beaches and Subaqueous Lands permits are required.  THE COMMISSION VOTED 8-0 TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF, WITH THE STIPULATION THAT THE APPLICANT NOURISH THE GROIN CELL WITH 40 CUBIC YARDS OF SAND AND PAY A ROYALTY OF $53.
[Audio Item 7]

8.  BOBBY McCAULEY, #11-0731, requests authorization to construct two (2) timber and vinyl groins extending 60 feet channelward of mean high water adjacent to his property situated along the York River at 1497 Fleming Road in Gloucester County.  Both Coastal Primary Sand Dunes and Beaches and Subaqueous Lands permits are required.  THE COMMISSION VOTED 8-0 TO APPROVE THE PROJECT, AS RECOMMENDED BY STAFF WITH THE STIPULATION THAT THE APPLICANT NOURISH THE GROIN CELL WITH 40 CUBIC YARDS OF SAND AND PAY A ROYALTY OF $25.
[Audio Item 8]

9.  OYSTER COMPANY OF VIRGINIA, LLC, 2011-005, request for oyster planting ground in Lloyds (Floyds) Bay in the City of Poquoson, and 2011-007, request for oyster planting ground in the Poquoson River near the mouth of Bennetts Creek in the City of Poquoson.  Both applications are protested by numerous parties.  THE COMMISSION VOTED 7-1, WITH ASSOCIATE COMMISSIONER PALMER VOTING NO, TO DENY THE APPLICANT'S REQUEST TO LEASE 48 ACRES NEAR BENNETTS CREEK FOR SHELLFISH AQUACULTURE OPERATIONS.  THE COMMISSION DECIDED THE SITE IS INCOMPATIBLE FOR A LARGE AQUACULTURE OPERATION BECAUSE IT IS EXTENSIVELY USED FOR A VARIETY OF RECREATIONAL WATER ACTIVITIES. 
IN A RELATED MOVE, THE COMMISSION VOTED 8-0 TO ADVERTISE FOR A PUBLIC HEARING AND A VOTE IN AUGUST ON WHETHER TO SET ASIDE AS UNLEASABLE 425 ACRES OF WATER BOTTOM ALONG THE SHORELINE ADJACENT TO BEACH ROAD IN POQUOSON NEAR THE MOUTH OF BENNETTS CREEK. 
THE COMMISSION VOTED 7-1, WITH ASSOCIATE COMMISSIONER KYLE SCHICK VOTING NO, TO APPROVE THE LEASING OF A PORTION OF LLOYDS BAY TO THE APPLICANT FOR THE PURPOSE OF SHELLFISH AQUACULTURE.  LLOYDS BAY IS NOT AS HEAVILY USED FOR RECREATIONAL WATER ACTIVITIES.

[Audio Item 9]

10.  PUBLIC COMMENTS.  ELLIS JAMES OF NORFOLK SPOKE ON CONTAMINATION THAT WASHED UP ON SHORE IN VIRGINIA BEACH LAST WEEKEND, AND PRAISED THE VIRGINIA MARINE POLICE FOR A PROMPT RESPONSE TO HELP MOBILIZE THE APPROPRIATE CITY AND STATE AGENCIES.
COMMISSIONER BOWMAN PRESENTED FRAMED CERTIFICATES OF APPRECIATION TO J.T. HOLLAND AND ERNIE BOWDEN FOR THEIR EIGHT YEARS OF DEDICATED SERVICE TO THE COMMISSION.  THEIR LAST MEETING WAS LAST MONTH, PROHIBITED FROM SERVING MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS.
[Audio Item 10a][Audio Item 10b]

11.  REQUEST FOR PUBLIC HEARING:  Consideration of final blue crab regulations, including closure of the crab dredge fishery for the 2011-2012 season, (4VAC20-1140-20 et seq. "Pertaining to Prohibition of Crab Dredging in Virginia waters).  Decision on licensing those individuals on the peeler pot and crab pot waiting list who have been inactive, at least since 2004 (4VAC20-270-10 et seq., "Pertaining to Crabbing").  Re-assignment of latitude-longitude coordinates that apply to Virginia Blue Crab Sanctuaries (4VAC20-752-20 et seq., "Pertaining to Blue Crab Sanctuaries").  THE COMMISSION VOTED 7-1, WITH ASSOCIATE COMMISSIONER PLUMLEE VOTING NO, TO ADVERTISE FOR A PUBLIC HEARING AND A VOTE IN AUGUST ON A SUITE OF CRAB MANAGEMENT PROPOSALS AIMED AT CONTINUING THE REBUILDING OF THE CRAB STOCK IN PARTNERSHIP WITH MARYLAND.   DEPUTY FISHERIES CHIEF ROB O'REILLY GAVE A DETAILED PRESENTATION ON THE STATUS OF THE STOCK, THE IMPACT OF AN IMPENDING NEW CRAB SCIENTIFIC, PEER-REVIEWED STOCK ASSESSMENT, AND SEVERAL PROPOSED NEW CONSERVATION MEASURES.
[Audio Item 11]

12.  REQUEST FOR PUBLIC HEARING:  For the 2011-2012 public oyster season requiring amendments to Regulation 4VAC20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest".  An August 23, 2011 public hearing is requested.  THE COMMISSION VOTED 8-0 TO ADVERTISE FOR A PUBLIC HEARING AND A VOTE IN AUGUST ON A VARIETY OF OYSTER HARVEST MANAGEMENT OPTIONS FOR THE 2011-2012 SEASON.
[Audio Item 12]

13.  TECHNICAL REGULATION CHANGE:  Regulation establish a security zone in the waters around the Northrop Grumman/Newport News Shipbuilding Company on the James River.  The company has been sold and the regulations need to be changed in order to continue the existing security zone.  THE COMMISSION VOTED 8-0 TO CHANGE THE REGULATIONS TO REFLECT A NAME CHANGE FOR THE NEWPORT NEW SHIP YARD, TO THE HUNTINGTON INGALLS INDUSTRIES/NEWPORT NEWS SHIPBUILDING COMPANY.  THIS TECHNICAL CHANGE CONTINUES THE CURRENT SECURITY ZONE IN THE WATERS AROUND THE FACILITY.
[Audio Item 13]

PAGE 2 ITEMS (PROJECTS OVER $500,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL):

NONE.

THE FOLLOWING PAGE THREE CONSENT AGENDA ITEM WAS APPROVED 8-0:   

3A.  CITY OF PORTSMOUTH, #09-1746, requests after-the-fact authorization for approximately 140 linear feet of sheet pile bulkhead and three concrete wharf girders, installed under emergency repair conditions due to a seawall failure beneath the existing marginal wharf, along the waterfront of the Southern Branch of the Elizabeth River adjacent to the Admiral's Landing Condominiums in the City of Portsmouth. 


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