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COMMISSION ACTIONS SEPTEMBER 2010

The following are the agenda items from the Commission's regular meeting held September 28, 2010 at Commission headquarters.  The Commission's actions are in bold.

** COMMISSIONER BOWMAN LED A MOMENT OF SILENCE FOR COMMERCIAL WATERMAN SAM SWIFT, A LONGTIME MEMBER OF THE AGENCY'S RECREATIONAL FISHING ADVISORY BOARD WHO DIED RECENTLY IN A FISHING ACCIDENT ON THE EASTERN SHORE.

*** APPROVAL OF AGENDA.  THE AGENDA WAS APPROVED 8-0 WITH ASSOCIATE COMMISSIONER RICK ROBINS ABSENT FROM THE MEETING.
[Audio Agenda

1.  MINUTES of previous meeting.  THE MINUTES WERE APPROVED 6-0, WITH ASSOCIATE COMMISSIONER CARTER FOX AND NEWLY APPOINTED ASSOCIATE COMMISSIONER BRYAN PLUMLEE ABSTAINING.
[Audio Item 1

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THE 11 SO-CALLED PAGE TWO ITEMS, DELINEATED BELOW IN DETAIL, WERE APPROVED 8-0, WITH THE EXCEPTION OF ITEM 2G, WHICH WAS APPROVED 7-0 WITH ASSOCIATE COMMISSIONER PLUMLEE ABSTAINING.
[Audio Item 2]

3.  CONSENT AGENDA ITEMS.  NONE.
[Audio Item 3-4

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

5.  RAPPAHANNOCK ASSOCIATES, LLC, #10-0297, requests authorization to install a 238-foot long floating, concrete pier with nine (9) wetslips at the channelward end of an existing pier, construct 351 linear feet of replacement vinyl bulkhead, replace a 351-foot long timber walkway landward of the bulkhead, and to dredge 370 cubic yards of subaqueous material along the bulkhead to provide maximum depths of minus six (-6) feet at mean low water adjacent to the Port Urbanna Yachting Center located along Urbanna Creek in the Town of Urbanna.  The project is protested by the owners of the adjacent marina.  THE PROJECT WAS APPROVED 8-0, PER STAFF RECOMMENDATION AND WITH THE REQUIREMENT THAT A 100 FOOT FAIRWAY BE MAINTAINED BETWEEN THE PROPOSED PIER AND THE ADJACENT PERMITTED MARINA STRUCTURES.
[Audio Item 5

6.  JONATHAN D. MIZE, #10-0059, requests authorization to construct a 476 square foot open-sided, flat roof boathouse at the end of an existing 240-foot long private pier at property situated along the Rappahannock River in Essex County.  The project is protested by the downstream adjacent property owner.  THE PROJECT WAS APPROVED 8-0, PER STAFF RECOMMENDATION.
[Audio Item 6

7.  PRINCE WILLIAM COUNTY SERVICE AUTHORITY, #10-0757, requests authorization to install approximately 165 linear feet of new 16-inch water line a minimum of three (3) feet beneath the channel bottom of Powell's Creek and to install approximately 40 linear feet of riprap revetment for bank stabilization, associated with Lake Montclair Water Main Project in Prince William County.  The project is protested by several nearby residents.  THE PROJECT WAS APPROVED 8-0, PER STAFF RECOMMENDATION, WITH THE COMMISSION URGING THE STREAM CROSSING TO BE COMPLETED AS QUICKLY AS POSSIBLE TO FURTHER MINIMIZE ANY DOWNSTREAM IMPACTS.
[Audio Item 7

8.  U. S. FISH AND WILDLIFE SERVICE, #10-1216, requests authorization to install approximately 504 linear feet of 4-foot wide elevated boardwalk over tidal and non tidal wetlands; construct a 17-foot octagonal observation deck with a 6-foot by 4-foot connecting ramp; and construct an 8-foot by 12-foot floating canoe launch platform with a 4-foot by 12-foot connecting ramp to the boardwalk, within and adjacent to an unnamed creek tributary of the James River at the Presquile National Wildlife Refuge in Chesterfield County.  A tidal Wetlands permit and Submerged Lands permit are required.  THE PROJECT WAS APPROVED 8-0, PER STAFF RECOMMENDATION.
[Audio Item 8

9.  MR. AND MRS. PETER SWART, #10-1115, request authorization to install one (1) 87-foot long offshore stone breakwater with beach nourishment and a 105-foot long stone riprap revetment on their property along Chesconessex Creek in the Crystal Beach area of Accomack County.  A Coastal Primary Sand Dune and Beaches permit and a Submerged Lands permit are required.  THE PROJECT WAS APPROVED 8-0, PER STAFF RECOMMENDATION.
[Audio Item 9

10.  PUBLIC COMMENTS.  HANK BOWMAN ASKED IF IT IS TRUE A VIRGINIA MARINE POLICE OFFICER COULD DESTROY CONTAINERS OF SHELLFISH THAT ARE NOT CORRECTLY TAGGED, AS REQUIRED, AND WAS TOLD IT COULD BE DONE IN ORDER TO PROTECT HUMAN HEALTH.  THE U.S. FOOD AND DRUG ADMINISTRATION HAS URGED SHELLFISH HARVESTING STATES TO REQUIRE SHELLFISH HARVESTS TO BE TAGGED IN ORDER TO TRACK WHERE THE SHELLFISH CAME FROM IN THE EVENT A CONSUMER BECOMES ILL FROM EATING A TAINTED OYSTER OR CLAM. 
ALSO, TOMMY KELLUM OF KELLUM SEAFOOD ASKED THE COMMISSION TO CONSIDER BANNING FOR A SEASON OYSTER BUYERS WHO DON'T REPORT WHAT THEY BUY FROM COMMERCIAL WATERMEN, AS REQUIRED, AND WAS TOLD THAT COULD BE DONE UNDER CURRENT REGULATIONS.
 [Audio Item 10

11.  PUBLIC HEARING:  Consideration of proposed amendments to Regulations 4VAC20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest", 4VAC20-650-10 et seq., "Establishment of Oyster Sanctuary Areas", and 4VAC20-260-10 et seq., "Pertaining to Designation of Seed Areas and Clean Cull Areas" to establish the 2010/2011 public oyster season restrictions, including repeal of the 4 inch maximum cull size for the Rappahannock River, reduction in the size of the Wreck Shoal-James River Sanctuary, and time, gear, and catch limit changes.  THE COMMISSION VOTED 8-0 TO ENACT A NEW OYSTER HARVEST STRATEGY TO REPLACE A ROTATIONAL AND STAGGERED OPENING HARVEST SEASON, MOSTLY AT THE REQUEST OF COMMERCIAL OYSTERMEN AND OYSTER SHUCKING AND PACKING HOUSES.  AS A RESULT, THE SEASON WILL OPEN OCT. 1 FOR THE MAJORITY OF PUBLIC OYSTER GROUNDS, AND WILL CLOSE ON DEC. 31, UNLESS SCIENTIFIC ANALYSIS SHOWS SOME AREAS CAN REMAIN OPEN AN EXTRA MONTH WHILE ENSURING A SUSTAINABLE OYSTER POPULATION.  THE OYSTER FLEET'S LOCATION, AND HARVEST LEVELS, WILL BE CLOSELY MONITORED.  ALSO, THE DAILY BUSHEL LIMIT WILL INCREASE FROM EIGHT TO 10.  [Audio Item 11]

12.  PUBLIC HEARING:  Consideration of proposed amendments to Regulation 4VAC20-1230-10 et seq., "Pertaining to Restrictions on Shellfish" to establish procedures requiring the use of identification tags for shellfish harvest containers.  THE COMMISSION VOTED 8-0 TO REQUIRE CONTAINERS OF SHELLFISH HARVESTED FOR HUMAN CONSUMPTION TO BE TAGGED WHEN THEY ARE UNLOADED FROM THE BOAT.  THIS WILL ALLOW THE SHELLFISH TO BE TRACKED FROM TIME THEY ARE HARVESTED UNTIL THEY REACH THE DINNER TABLE.  THE U.S. FOOD AND DRUG ADMINISTRATION HAS INSISTED ON THE PROVISION AS AN APPROPRIATE EFFORT TO BETTER PROTECT CONSUMER HEALTH.  THE TAGS WILL BE AVAILABLE TO ALL SHELLFISH HARVESTERS FROM AGENCY LICENSING AGENTS.
[Audio Item 12]

13.  PUBLIC HEARING :  Establishment of a Fishermen Identification Program (FIP), which shall be consistent with the National Saltwater Angler Registry Program, and consideration of proposed amendments to Regulation 4VAC20-1090-10- et seq., "Pertaining to Licensing Requirements and License Fees,' to raise saltwater recreational license fees to meet the cost of the FIP.  THE COMMISSION VOTED 8-0 TO CREATE A FREE FISHERMAN IDENTIFICATION PROGRAM THAT WILL EXEMPT SALTWATER ANGLERS FROM PAYING $15-$25 TO REGISTER TO FISH WITH THE FEDERAL GOVERNMENT UNDER THE NATIONAL SALTWATER ANGLER REGISTRY THAT IS NOW IN EFFECT.
[Audio Item 13]

THE VIRGINIA FISHERMAN IDENTIFICATION PROGRAM WILL BE UP AND RUNNING IN JANUARY, AND WILL IMPACT ONLY THOSE ADULT SALTWATER ANGLERS WHO ARE EXEMPT UNDER VIRGINIA LAW FROM HAVING TO BUY A FISHING LICENSE.  IF YOU BUY AN ANNUAL SALTWATER LICENSE, YOU WILL NOT BE AFFECTED BY THIS PROGRAM.

AS OF JANUARY, LICENSE-EXEMPT SALTWATER ANGLERS OVER THE AGE OF 16 WILL NEED TO CALL AND REGISTER WITH VIRGINIA EITHER ON-LINE OR THROUGH A TOLL-FREE NUMBER THAT WILL BE ESTABLISHED TO COLLECT THEIR NAMES, ADDRESSES, PHONE NUMBERS AND DATES OF BIRTH.

THIS REGISTRATION PROGRAM IS DESIGNED, IN CONJUNCTION WITH CONTACT INFORMATION THAT WILL COLLECTED FROM LICENSED SALTWATER ANGLERS WHEN THEY BUY THEIR LICENSES, TO CREATE A COMPLETE PHONE BOOK OF ALL ADULTS WHO FISH IN VIRGINIA'S SALTWATERS.  THIS WILL ALLOW ALL VIRGINIA ANGLERS TO BE EXEMPT FROM THE NATIONAL SALTWATER ANGLER REGISTRY, AND THE ANNUAL FEDERAL REGISTRATION CHARGE.

TO PAY FOR THE STATE IDENTIFICATION PROGRAM, THE COMMISSION VOTED 8-0 TO RAISE MOST RESIDENT RECREATIONAL LICENSE FEES BY $5 EACH.  THIS IS THE SECOND TIME RECREATIONAL LICENSE FEES HAVE INCREASED IN 17 YEARS.

14.  PUBLIC HEARING:  Consideration of the recommendations of the Recreational Fishing Advisory Board and the Commercial Fishing Advisory Board.  THE COMMISSION VOTED 8-0 TO APPROVE SEVEN RECREATIONAL FISHING PROJECTS RECOMMENDED BY THE RECREATIONAL FISHING ADVISORY BOARD AND THREE PROJECTS RECOMMENDED BY THE COMMERCIAL FISHING ADVISORY BOARD.
[Audio Item 14]

THE FOLLOWING 11 SO-CALLED PAGE TWO ITEMS, ( PROJECTS OVER $50,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WERE APPROVED 8-0:

2A.  DEPARTMENT OF THE ARMY, #10-1223, requests authorization to repair the Poe Road Bridge above Accotink Creek by installing approximately 1,730 square feet of riprap scour protection at the bridge abutments, installing approximately 508 square feet of riprap scour protection in the central bridge pier, installing a 80-foot wide stone weir upstream of the bridge, installing a 75-foot wide cross vane downstream of the bridge, grading approximately 150 linear feet of Accotink Creek, and installing two temporary construction access areas in Accotink Creek at Fort Belvoir in Fairfax County.  Staff recommends a time of year restriction from February 15 through June 30 to protect anadromous fish resources.

2B.  DEPARTMENT OF THE ARMY, #10-0846, requests authorization to replace the Farrar Road Bridge over Accotink Creek, install 817 square feet of riprap scour protection, and directionally drill 74 linear feet of utility line a minimum of ten feet beneath Accotink Creek at Fort Belvoir in Fairfax County.  Staff recommends a time of year restriction from February 15 through June 30 to protect anadromous fish resources.

2C.  CITY OF HAMPTON, #10-1172, requests authorization to maintenance dredge, on an as needed basis, up to 15,000 cubic yards of material from the Salt Ponds Inlet to a maximum depth of minus nine (-9) feet below mean low water in Hampton. Dredged sand will be placed above mean low water on the adjacent beach.

2D.  K-VA-T FOODS, INC., #10-1001, requests authorization to install two triple box culverts within approximately 106 linear feet of Little Creek to provide vehicular access to a proposed Food City at the intersection of Euclid Avenue and Bob Morrision Blvd. in the City of Bristol.  Recommend approval contingent on an April 1 through July 31 instream work time-of-year restriction to protect the State Endangered Tennessee dace and an encroachment royalty of $4,452.00 for the placement of the culverts over 1,484 square feet of State owned subaqueous land at a rate of $3.00 per square foot. 

2E.  NANCY DRURY, ET AL , #10-1163, requests authorization to install 215 linear feet of stone riprap up to a maximum of eleven (11) feet channelward of a deteriorating bulkhead situated adjacent to their property along the Chesapeake Bay at 4620 Peaceful Shores Drive in the Jamesville area of Northampton County.

2F.  TOWN OF CHINCOTEAGUE, #10-1113, requests authorization to construct a 160-foot long by 8-foot wide fishing and observation pier which includes a 10-foot wide modified T head along Chincoteague Channel adjacent to Bridge Street in the Town of Chincoteague.  The pier will be constructed over and attached to the old VDOT concrete bridge fender. 

2G.  CHESAPEAKE PUBLIC WORKS, #10-1258, requests authorization to replace the existing Bells Mill Road Bridge over Bells Mill Creek, in the same location, with associated improvements to the roadway approaches and shoulder widening, north of Cedar Road near the Seabrook Landing subdivision in Chesapeake.  Recommend approval with our standard instream construction conditions.

2H.  VULCAN CONSTRUCTION MATERIALS, #10-0755, requests authorization to install either, or a combination of, three (3) steel pipe piles with batter boards or 19-pile mooring dolphins, to support barge operations at their Virginia Shipyard facility situated at the confluence of the Eastern and Southern Branches of the Elizabeth River in the City of Norfolk.

2I.  OLD DOMINION UNIVERSITY, #10-0811, requests authorization to construct an 8-foot wide by approximately 82-foot long, open-pile pier, with a 6-foot wide by 20-foot long gangway leading to a 12-foot wide by 65-foot long floating pier, to support activities of the Old Dominion University Women's Crew Team, at their new facility in Lakewood Park, situated along Wayne Creek in the City of Norfolk.  The pier is proposed to include one light pole on each of the floating and fixed pier sections, channelward of mean low water, and will support the permanent mooring of the team's three (3) chase motor boats.  ODU has agreed to remove the pier should they cease to use the crew facility.

2J.  AT & T CORPORATION, #10-1189, requests authorization to install, by directional bore method, 330 linear feet of fiber optic cable beneath the submerged bed of Smith Creek (The Hague) in the City of Norfolk.  Staff recommends the assessment of a royalty in the amount of $990.00 for the cable's encroachment beneath 330 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

2K.  TOWN OF VINTON, #10-1238, requests authorization to replace an existing single barrel, 8-inch diameter, sanitary sewer siphon pipe by installing, by open cut method, new concrete encased, double barrel, 8-inch pipes crossing approximately 20 linear feet under the bed of Glade Creek in the Town of Vinton, Roanoke County.

PAGE THREE ITEMS:

NONE.





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