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COMMISSION ACTIONS AUGUST 2009

The following are the agenda items from the Commission's regular meeting held August 25, 2009 at Commission headquarters. The Commission's actions are in bold.


** APPROVAL OF AGENDA.  THE MEETING AGENDA WAS APPROVED UNANIMOUSLY, 8-0, (WITH ASSOCIATE COMMISSIONER CARTER FOX ABSENT FROM THE MEETING), AFTER TWO FISHERIES ITEMS (#26 AND #27) WERE ADDED TO THE AGENDA AND ITEM # 2B WAS REMOVED BECAUSE THE PROJECT WAS RECENTLY PROTESTED.
[Audio Item Agenda]

1.  MINUTES of previous meeting.  MINUTES WERE NOT PREPARED DUE TO VACATIONS. COMMISSIONER BOWMAN SAID MEMBERS WOULD RECEIVE BOTH JULY AND AUGUST MINUTES TOGETHER. 
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). THE COMMISSION UNANIMOUSLY APPROVED THE TEN REMAINING SO-CALLED PAGE TWO PROJECTS ON THE AGENDA, LISTED BELOW IN DETAIL, IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF.
[ Audio Item 2 ]

3.  CONSENT AGENDA ITEMS. THE COMMISSION UNANIMOUSLY VOTED TO ENDORSE AND APPROVE THE CONSENT AGREEMENTS, LISTED BELOW IN DETAIL, AS RECOMMENDED BY STAFF. BOTH WERE APPROVED WITH TRIPLE PERMIT FEES AND CIVIL CHARGES OF $600.00 EACH IN LIEU OF ANY FURTHER ENFORCEMENT ACTIONS AS PERMITTED BY CODE. 
[Audio Item 3]

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

5.  FIGG BRIDGE DEVELOPERS LLC, #09 0797, requests authorization to cross the Southern Branch of the Elizabeth River with a high level, fixed span, two lane, private toll bridge immediately south (upriver) of the existing closed Jordon Bridge linking the City of Chesapeake with the City of Portsmouth.  The new bridge will provide 145 feet of vertical clearance above mean high water and 225 feet of horizontal clearance within the Federal navigation channel.  THE COMMISSION UNANIMOUSLY VOTED TO APPROVE THE PROJECT IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF WITH THE EXCEPTION OF IMPOSING A TIME-OF-YEAR RESTRICTION.   IN LIEU OF A TIME-OF-YEAR RESTRICTION, THE COMMISSION AGREED TO REQUIRE THE UTILIZATION OF BUBBLE CURTAINS TO MINIMIZE IMPACTS TO FISHERIES RESOURCES. 
[Audio Item 5]

6.  WILLIAM M. WINN, #04 0979, requests after-the-fact authorization for additional pier, additional wave-screen structure, and additional encroachment of a bulkhead over State-owned bottomlands in excess of those previously authorized, at the applicant's commercial marina facility situated along the James River at Jordan Point in Prince George County.  This was continued from the July 28, 2009, meeting.  THE COMMISSION UNANIMOUSLY VOTED TO APPROVE THE AFTER-THE-FACT PERMIT AS RECOMMENDED BY STAFF AND AGREED TO ACCEPT A CIVIL CHARGE IN THE AMOUNT OF $1,800 IN LIEU OF ANY FURTHER ENFORCEMENT ACTIONS AS PERMITTED BY CODE. 
[Audio Item 6]

7.  CITY OF NORFOLK, #09-0674, requests authorization to replace portions of an existing 5-foot by 10-foot double barrel box culvert with a 6-foot high by 95-foot long precast, concrete, arch-span bridge unit, spanning 28 feet over the bottom of the existing culvert, beneath the Granby Street crossing of Mason Creek in the City of Norfolk.  The proposed project also includes the dredging of 100 cubic yards of State-owned subaqueous material within and adjacent to the culvert.  The project is protested by several nearby residents.  THE COMMISSION UNANIMOUSLY VOTED TO APPROVE THE PROJECT AS PROPOSED, FINDING THAT THE CITY'S PROPOSAL REPRESENTED MINIMAL IMPACTS AND A REASONABLE USE OF STATE-OWNED WATER BOTTOMS. 
[Audio Item 7]

8. RAY LEE, #09 0625, requests authorization to install a 17- foot six-inch by 31 foot open sided boathouse at 103 Acacia Court situated along College Creek in James City County.  The project is protested by an adjacent property owner and several nearby property owners.  THE COMMISSION UNANIMOUSLY VOTED TO APPROVE THE PROJECT AS PROPOSED, IN ACCORDANCE WITH THE STAFF RECOMMENDATION. 
[Audio Item 8]

9.  STEWARD KISER, #09 0620, requests authorization to install up to 80 linear feet of rip rap revetment along a sand beach at the applicant's property located adjacent to the James River at 74 Riverview Drive in Surry County.  The application requires a beaches and dunes permit.  THE COMMISSION UNANIMOUSLY VOTED TO APPROVE THE PROJECT AS PROPOSED, IN ACCORDANCE WITH THE STAFF RECOMMENDATION. 
[Audio Item 9]

10. ENFORCEMENT ACTION: Commission review of information indicating possible violation of Chapter 12 of Title 28.2 of the Code of Virginia, specifically the unauthorized pier construction by Mr. John Alvey at or near his property situated along Neabsco Creek at 16127 Neabsco Road, in Prince William County.  THE COMMISSION UNANIMOUSLY VOTED TO REFER THIS MATTER TO BOTH THE ATTORNEY GENERAL'S OFFICE AND COMMONWEALTH ATTORNEY FOR INITIATION OF THE APPROPRIATE ENFORCEMENT ACTION.
[Audio Item 10-11]

11. ENFORCEMENT ACTION: Commission review of information indicating a possible violation of Chapter 12 of Title 28.2 of the Code of Virginia, specifically unauthorized construction of rip rap groins and the removal of aquatic vegetation by Mr. Brad Martin at or near properties situated along Potomac Creek at 37 and 51 Louie Lane in Stafford County.  THE COMMISSION UNANIMOUSLY VOTED TO GRANT A ONE-TIME CONTINUANCE OF THIS MATTER UNTIL THEIR SEPTEMBER 22, 2009 MEETING, IN RESPONSE TO A WRITTEN REQUEST RECEIVED FROM MR. MARTIN. 

12. DECEMBER PARTNERS, LLC. Commission adoption of Resolution and approval of Deed conveying 32,631 square feet (0.749 acres +/ ) of previously filled State owned subaqueous lands in the City of Norfolk to December Partners, LLC, and its successors and assigns, in accordance with Chapter 884 Acts of Assembly 2007.  THE COMMISSION UNANIMOUSLY VOTED TO APPROVE THE DEED AND RESOLUTION AS RECOMMENDED BY COUNSEL. 
[Audio Item 12-15 ]

13. MOON OF NORFOLK, LLC. Commission adoption of Resolution and approval of Deed conveying 108,466 square feet (2.49 acres +/ ) of previously filled State owned subaqueous lands in the City of Norfolk to Moon of Norfolk, LLC, and its successors and assigns, in accordance with Chapter 884 Acts of Assembly 2006 and limited by Chapter 879 Acts of Assembly 2007.  THE COMMISSION UNANIMOUSLY VOTED TO APPROVE THE DEED AND RESOLUTION AS RECOMMENDED BY COUNSEL. 

14. FORT NORFOLK, LLC. Commission adoption of Resolution and approval of Deed conveying 4,489 square feet (0.103 acres +/ ) of previously filled State owned subaqueous lands in the City of Norfolk to Fort Norfolk, LLC, and its successors and assigns, in accordance with Chapter 673 Acts of Assembly 2008.  THE COMMISSION UNANIMOUSLY VOTED TO APPROVE THE DEED AND RESOLUTION AS RECOMMENDED BY COUNSEL. 

15. DEPARTMENT OF TRANSPORTATION.   Commission adoption of Resolution and approval of Deed of Easement conveying right to use 10.440 acres land (6.66 acres subaqueous State-owned lands and 3.78 acres previously filled State-owned subaqueous land) in the City of Norfolk to the Department of Transportation, its successors and assigns, for the construction of a second tunnel for the Route 58 Midtown Tunnel, in accordance with Chapter 298, Acts of Assembly 2009.  THE COMMISSION UNANIMOUSLY VOTED TO APPROVE THE AMENDED DEED AND RESOLUTION AS RECOMMENDED BY COUNSEL. 

16. PUBLIC COMMENTS.  TWO COMMERCIAL CRABBERS' APPEALS TO HAVE THEIR LICENSES REMOVED FROM A WAITING LIST AND REINSTATED WERE DENIED.   ONE CRABBER MISSED THE JUNE DEADLINE TO FILE AN APPEAL AND THE OTHER WAS DENIED FOR NOT REPORTING HARVEST DATA OR BEING ABLE TO PROVE HE HAD HARVESTED CRABS FROM 2003 TO 2008.
[Audio Item 16]

17. ANNUAL UPDATE on the status of submerged aquatic vegetation (SAV)Dr. Bob Orth, VIMS.  THE COMMISSION HEARD A PRESENTATION FROM DR. ORTH ON THE STATUS OF SAV BEDS IN THE CHESAPEAKE BAY AND SEASIDE BAYS, AND APPROVED A $20,000 FUNDING REQUEST TO CONTINUE HIS RESEARCH.
[Audio Item 17]

18. PUBLIC HEARING:  Consideration of Emergency Regulation 4VAC20-1220, "Pertaining to Separation Between Nets," establishing a 300 yard distance between nets and establishing a process to grant variances to that distance requirement.  THE COMMISSION VOTED UNANIMOUSLY TO REESTABLISH THE LONG-STANDING 300 FEET DISTANCE REQUIREMENT BETWEEN FIXED FISHING NETS AND TO NOT ESTABLISH A PROCESS TO GRANT DISTANCE VARIANCES.
[Audio Item 18]

19. PUBLIC HEARING:  Consideration of proposed amendments to Regulation VAC20-252, "Pertaining to Striped Bass," to reinstate the two fish limit for the December recreational striped bass fishery.  THE COMMISSION UNANIMOUSLY APPROVED A RETURN TO A TWO-FISH LIMIT FOR THE ENTIRE FALL STRIPED BASS SEASON IN THE CHESAPEAKE BAY AND ITS TRIBUTARIES.  A ONE-FISH LIMIT HAD BEEN IMPOSED FOR TWO WEEKS AT THE END OF LAST YEAR'S FALL SEASON.
[Audio Item 19]

20. PUBLIC HEARING:  Consideration of proposed amendments to Regulation 4VAC20-610, "Pertaining to Commercial Fishing and Mandatory Harvest Reporting," to clarify harvest reporting requirements.  THE COMMISSION UNANIMOUSLY APPROVED THIS MEASURE TO REQUIRE REPORTING OF HARVEST LANDINGS IN VIRGINIA OF FEDERALLY REGULATED SPECIES.
[Audio Item 20]

21. PUBLIC HEARING:  Consideration of proposed amendments to Regulation 4VAC20-1040, "Pertaining to Crabbing Licenses," to clarify that crab licenses purchased under the Crab Disaster Relief Program are permanently retired.  THE COMMISSION VOTED UNANIMOUSLY TO SPECIFY THAT CRAB LICENSES BOUGHT THROUGH AN UPCOMING REVERSE AUCTION BUYBACK PROGRAM ARE PERMANENTLY RETIRED.
[Audio Item 21]

22. PUBLIC HEARING:  Consideration of proposed amendments to Regulations 4VAC20-1090 and 4VAC20-1180, to increase saltwater recreational fishing license fees for non-residents and to prohibit the purchase of a private boat license by any non-resident whose boat is not registered in Virginia.  THE COMMISSION UNANIMOUSLY APPROVED THE ENACTMENT OF NON-RESIDENT SALTWATER FISHING LICENSE FEES OF $25 (DOUBLE THE VIRGINIA RESIDENT FEE) AND TO PROHIBIT SALE OF RECREATIONAL SALTWATER BOAT LICENSES FOR ANY BOAT NOT REGISTERED IN VIRGINIA.   RESIDENTS OF STATES WITH LICENSE RECIPROCITY AGREEMENTS WITH VIRGINIA, SUCH AS MARYLAND, ARE EXEMPT FROM THE HIGHER NON-RESIDENT LICENSE FEES.
[Audio Item 22]

23. PUBLIC HEARING: Consideration of proposed amendments to Regulation 4VAC20-1070, "Pertaining to Haul seines," to exempt certain shoreline haul seine operations from the prohibition on fishing the net in less than three feet of water.  THE COMMISSION UNANIMOUSLY APPROVED THIS CLARIFICATION TO HAUL SEINE REGULATIONS.
[Audio Item 23]

24. REQUEST FOR PUBLIC HEARING: 2009-10 oyster harvest rules.  THE COMMISSION UNANIMOUSLY APPROVED THIS REQUEST FOR A PUBLIC HEARING IN SEPTEMBER.
[Audio Item 24]

25. REQUEST FOR PUBLIC HEARING: Black Sea Bass ITQ hardship quotas.  THE COMMISSION UNANIMOUSLY APPROVED THIS REQUEST FOR A PUBLIC HEARING IN SEPTEMBER.
[Audio Item 25]

26. EMERGENCY REGULATION AND REQUEST FOR PUBLIC HEARING:  Consideration of emergency flounder regulations to exempt from flounder size and possession limits participants in a Virginia Institute of Marine Science scientific tagging program.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE AN EMERGENCY REGULATION TO EXEMPT PARTICIPANTS IN A VIMS FLOUNDER TAGGING RESEARCH PROJECT FROM POSSESSION AND SIZE LIMITS.  THE COMMISSION ALSO APPROVED A PUBLIC HEARING ON THE EMERGENCY REGULATION FOR SEPTEMBER.
[Audio Item 26-27]

27. REQUEST FOR PUBLIC HEARING: Black Sea Bass recreational season closure.  THE COMMISSION VOTED UNANIMOUSLY TO HOLD A PUBLIC HEARING IN SEPTEMBER TO CONSIDER THE EARLY CLOSURE OF THE BLACK SEA BASS SEASON.  A RECREATIONAL COAST-WIDE QUOTA OVERAGE IS BEING PROJECTED BY FEDERAL FISHERY MANAGERS.

THE FOLLOWING SO-CALLED PAGE TWO ITEMS, EXCEPT 2B, WERE APPROVED UNANIMOUSLY:

2A. PULASKI COUNTY SERVICE AUTHORITY, #09-0961, requests authorization to install a submerged 24" diameter water main, by directional bore or open-trench method, beneath 731 linear feet of the New River, approximately 900' downstream of the Radford Water Treatment Plant in the City of Radford and Pulaski County. Recommend approval with our standard instream permit conditions and a permit condition wherein the Permittee agrees to conduct any necessary mussel, fish and/or crayfish surveys/relocations and adhere to any instream work time of year restrictions as recommended by the Department of Game and Inland Fisheries.

2B. BEACH COVE VILLAS CONDO OWNERS ASSOCIATION, #09-0507, request authorization to construct two (2) 180 foot long, and one (1) 80 foot long quarry stone breakwaters, one (1) 50 foot long stone spur, extend and armor two (2) existing stone and concrete block groins, and place 2,800 cubic yards of beach quality sand for nourishment along the shoreline of Rappahannock River at Windmill Point in Lancaster County. Recommend approval with a royalty in the amount of $1,325.00 for the beach nourishment over 26,500 square feet channelward of mean low water on State owned subaqueous bottom at a rate of $0.05 per square foot.  THIS ITEM WAS REMOVED FROM THE AGENDA AND NOT CONSIDERED AT THIS MEETING.

2C. TOWN OF MOUNT JACKSON, #09-0971, requests authorization to replace existing 6 inch water main with 60 linear feet of 12 inch water main encased in concrete a minimum of two feet beneath the North Fork of the Shenandoah River in Shenandoah County.

2D. PRINCE WILLIAM COUNTY SERVICE AUTHORITY, #09-0469, requests authorization to install approximately 121 linear feet of new 36 inch or 54 inch sewer line a minimum of 8 feet beneath the channel bottom of Neabsco Creek and Cow Branch in Prince William County. The lines will be installed by directional bore method. 

2E. VULCAN CONSTRUCTION MATERIALS, #09-0803, requests authorization to dredge by mechanical or hydraulic method an additional two (2) feet to maintain a depth of minus twelve ( 12) feet, and to conduct maintenance dredging on an as needed basis, a 450 foot long by 60 foot wide mooring basin to maintain depths of minus twelve ( 12) feet below mean low water adjacent to property situated along the Occoquan River in Prince William County. Staff recommends a royalty in the amount of $900.00 for the additional dredging of 2000 cubic yards of State owned subaqueous bottom at a rate of $0.45 per cubic yard. 

2F. J. R. THARPE TRUCKING CO., INC., #09-0393, requests authorization to remove, for commercial sale, up to 3,000 cubic yards of sand annually, in 150 cubic yard increments, using a barge mounted hydraulic pump, from the Staunton River, at the applicant's property located at 12101 Scuffletown Road in Charlotte County. Recommend an annual royalty of up to $1,800.00, at a rate of $0.60 per cubic yard.

2G. BOYD HOMES, #09-0904, requests authorization to install, by directional drill method, a 14 inch sanitary sewer force main pipeline beneath Burnetts Mill Creek in the City of Suffolk. Recommend a royalty of $96.00 for the encroachment under 32 linear feet of State owned subaqueous bottomlands at a rate of $3.00 per linear foot.

2H. CITY OF ROANOKE, #08-1389, requests a modification to their previously authorized permit to now replace the existing Wiley Drive bridge with an approximately 22-foot, 6-inch wide by 130-foot, 5-inch long bridge consisting of three concrete arch span segments, crossing over the Roanoke River in the City of Roanoke.

2I. BCVPI WATER AUTHORITY, #09-0574, requests authorization to install a 20-inch diameter water line, by directional-bore method, crossing beneath 20 linear feet of Crab Creek in the Town of Christiansburg, Montgomery County.

2J. DEPARTMENT OF THE NAVY, #09-0837, requests authorization to install a 12 foot wide by 112 foot long floating dock with a 4 foot by 20 foot gangway, four (4) 5 foot wide by 45 foot long floating finger piers, and associated anchoring piles to create five (5) wet slips along Pier 60 in Little Creek Cove at Naval Amphibious Base, Little Creek in Virginia Beach. 

2K. SUNSET BAY, LLC #09-0711, requests authorization to install uncovered boat lifts in their existing 24 boat slips along Chincoteague Channel adjacent to Sunset Bay Town Homes in the Town of Chincoteague, Accomack County. The 24-slip marina is permitted for public use and not solely for Association members. A royalty was assessed based on the bold outline of the 24 slips in a previous permit; therefore, no additional royalty is required. 

THE FOLLOWING TWO CONSENT AGENDA ITEMS WERE APPROVED UNANIMOUSLY:


3A. TOWN OF CAPE CHARLES, #09-0785, requests after the fact authorization to retain a 75 foot long, inter bay stone breakwater situated adjacent to the Town's Public Beach along the Chesapeake Bay in the Town of Cape Charles, Northampton County. The breakwater is part of the overall shoreline stabilization plan for the public beach. The agent has agreed to the payment of a $600.00 civil charge and triple permit fees of $300.00 in lieu of further enforcement action. 

3B. DOUGLAS KAHLE, #09-0831, requests after the fact authorization for a 22 foot by 41 foot open sided boathouse constructed as part of the private pier serving 1736 North Alanton Drive in the Alanton subdivision, situated along a cove tributary to Broad Bay in Virginia Beach. The roof structure was built larger than the boathouse proposal (16 foot by 34 foot) which was previously deemed authorized by statute and granted a "No Permit Necessary" exemption (VMRC #00 0459). The applicant has agreed to a triple permit fee of $75.00 and a $600.00 civil charge based on a minimal degree of environmental impact and a minor degree of non compliance.


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