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COMMISSION ACTIONS OCTOBER 2009

The following are the agenda items from the Commission's regular meeting held October 27, 2009 at Commission headquarters.  The Commission's actions are in bold.


** APPROVAL OF AGENDA. THE MEETING AGENDA WAS APPROVED 7-0, WITH ASSOCIATE MEMBERS ERNIE BOWDEN AND J.T. HOLLAND ARRIVING LATE, AT ITEM 3.  ITEM #7 ON THE AGENDA WAS DEFERRED TO THE COMMISSION'S NOV. 24 MEETING.
[Audio Item Agenda]

1.  MINUTES of previous meeting.  APPROVED 7-0, AS CIRCULATED.
[Audio Item 1]

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

3.  CONSENT AGENDA ITEMS.  THESE TWO SO-CALLED PAGE 3 CONSENT AGREEMENTS, DELINEATED BELOW IN DETAIL, WERE APPROVED 9-0, AS RECOMMENDED BY STAFF. 
[Audio Item 3-4]

4.  CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.  NOT NECESSARY.

5.  SAM DANIELS, #09-0699.  Restoration hearing to consider the existence of 686 square feet of unauthorized fixed deck, floating dock and jet‑ski mooring pads at the applicant's property situated along Brewers Creek at 23228 Oyster Court in Carrollton, Isle of Wight County.  BY SUBSTITUTE MOTION, THE COMMISSION VOTED 6-3 (ASSOCIATE MEMBERS HOLLAND, BOWDEN AND KYLE SCHICK VOTING NO), TO ADOPT THE STAFF RECOMMENDATION AND DIRECT REMOVAL OF THE 8'X35' FLOATING PLATFORM TO BRING THE COMBINED AUTHORIZED ENCROACHMENT DOWN TO A MAXIMUM OF 406 SQUARE FEET. 
[Audio Item 5]

6.  RON EDWARDS, #09-0990, requests after-the-fact authorization to retain a 115-foot replacement pier which was widened from three (3) feet to five (5) feet and an adjacent, new, 30-foot long by 6-foot wide open-pile commercial pier at his restaurant and marina facility at the confluence of Greenvale Creek and the Rappahannock River in Lancaster County.  BY A VOTE OF 8-1, ASSOCIATE MEMBER SCHICK VOTING NO, THE COMMISSION CHOSE TO DENY THE AFTER-THE-FACT REQUEST AND DIRECTED REMOVAL OF ALL OF THE UNPERMITTED AND UNAUTHORIZED STRUCTURES.  SOME COMMISSION MEMBERS CHARACTERIZED THE APPLICANT AS SHOWING "SIGNIFICANT DISREGARD" FOR THE STATE'S PERMIT REQUIREMENTS.
[Audio Item 6]

7.  COLES POINT TAVERN, #09-0116, seeks after-the-fact authorization to retain a 110-foot long by 10.5-foot wide deck with a 30-foot long by 10.75-foot wide roof attached to existing building, and a 115-foot long by 6-foot wide pier constructed below the 110-foot deck adjacent to property at Coles Point Tavern situated on the Potomac River appurtenant to the shore of Westmoreland County.  Project is protested by several nearby property owners.  THIS ITEM WAS CONTINUED UNTIL THE COMMISSION'S NOV. 24, 2009 MEETING.
[Audio Item Agenda ]

8.  TIMOTHY MONAHAN, #08-0052, requests authorization to add an 18-foot by 32-foot open-sided boathouse over the boatlift at the existing private, non-commercial pier serving 844 St. Martin Drive in the Pembroke Meadows subdivision, situated along the Western Branch of the Lynnhaven River in Virginia Beach.  The project is protested by the adjoining property owners and other neighbors.  THE COMMISSION VOTED 9-0 TO APPROVE THE APPLICATION, AS RECOMMENDED BY STAFF. 
[Audio Item 8]

9.  RAMPINI FAMILY REVOCABLE TRUST, #08-0787, requests authorization to construct a 16-foot by 32-foot open-sided boathouse over an existing boatlift adjacent to their private pier situated along Hills Bay at 136 Old Farm Road in Mathews County.  The project is protested by an adjacent property owner.  THE COMMISSION VOTED 9-0 TO APPROVE THE APPLICATION, AS RECOMMENDED BY STAFF.
[Audio Item 9]

10. PUBLIC COMMENTS:  

CHINCOTEAGUE RESIDENTS THOMAS CLARK AND JIM YOUNG GAVE A 15-MINUTE POWER POINT PRESENTATION THAT THEY CHARACTERIZED AS SHOWING PERMIT VIOLATIONS BY SUBCONTRACTORS BUILDING VDOT'S BLACK NARROWS BRIDGE PROJECT. 

ALSO, SEAFOOD PROCESSOR MEADE AMORY ASKED THE COMMISSION TO CONSIDER OPENING THE UPCOMING FALL COMMERCIAL FLOUNDER SEASON A BIT EARLIER THAN USUAL AND TO LOWER THE TRIP LIMITS.  SUCH REQUESTS ARE COMMON FROM THE INDUSTRY IN THE FALL. THE COMMISSION AGREED TO HOLD A PUBLIC HEARING ON THE PROPOSALS, AS A PRELUDE TO A VOTE AT NEXT MONTH'S MEETING.  THE COMMISSION ALSO AGREED TO CONSIDER AT THAT MEETING A PROPOSAL TO CONVERT THE 10 PERCENT FLOUNDER BYCATCH ALLOWANCE TO A PER-TRIP POUNDAGE LIMIT.  

ADDITIONALLY, KEN SMITH, PRESIDENT OF THE VIRGINIA WATERMAN'S ASSOCIATION, GAVE A LENGTHY PRESENTATION AND ASKED THE COMMISSION TO DECLARE AN EMERGENCY TO OPEN LARGE SECTIONS OF THE GREATER WICOMICO RIVER NEXT MONTH TO COMMERCIAL OYSTERING.  THAT SECTION OF THE RIVER HAS BEEN CLOSED FOR MANY YEARS AND IS THE LOCATION OF A LARGE-SCALE OYSTER REEF PROJECT PAID FOR BY FEDERAL AND STATE AGENCIES, WHO STRONGLY OBJECTED TO THE PROPOSAL.  OYSTER SCIENTISTS SAY THE PROJECT IS SHOWING SIGNS OF CREATING A GROWING, SELF-SUSTAINING OYSTER POPULATION IN THE FACE OF OYSTER-KILLING DISEASES.  THE COMMISSION REFUSED MR. SMITH'S REQUEST, LEAVING A SECTION NEAR THE MOUTH OF THE RIVER OPEN FOR PUBLIC OYSTERING, AS PLANNED.
[Audio Item 10]

11. PUBLIC HEARING:  Concerning non-authorization, as agents, of those whose fishing permit is currently revoked or rescinded, as described in draft Chapter 4VAC20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting".  THE COMMISSION VOTED 9-0 TO CLOSE A LOOPHOLE IN REGULATIONS THAT ALLOWED WATERMEN WHOSE HARVESTER'S PERMITS ARE REVOKED FOR CONSERVATION VIOLATIONS TO BE HIRED AS AGENTS FOR OTHER WATERMEN.
[Audio Item 11]

12. PUBLIC HEARING:Concerning requirements for all pound nets and similar fixed fishing devices that are licensed and fished in Virginia waters east of the Chesapeake Bay Bridge Tunnel to be equipped with a modified leader, as described in Draft Chapter 4VAC20-20-10 et seq.  "Pertaining to the Licensing of Fixed Fishing Devices". THE COMMISSION VOTED 9-0 TO REQUIRE FIXED FISHING DEVICES LOCATED EAST OF THE CHESAPEAKE BAY BRIDGE TUNNEL AND IN THE STATE'S COASTAL WATERS TO BE OUTFITTED WITH MODIFIED LEADERS, IN ORDER TO REDUCE MARINE MAMMAL INJURIES AND DEATHS. 
[Audio Item 12]

13. PUBLIC HEARING:  Concerning at-sea processing of smooth dogfish and associated landing requirements, as described in draft Chapter 4VAC20-490-10 et seq., "Pertaining to Sharks."  THE COMMISSION APPROVED THE MEASURE 9-0, AS RECOMMENDED BY STAFF.
[Audio Item 13]

14. PUBLIC HEARING:  Concerning limited entry in the gill net fishery, as authorized by Section 28.2-204.1 of the Code of Virginia, based on previous licensing history or participation criteria, as documented by VMRC mandatory harvest records.  THE COMMISSION VOTED 9-0 TO APPROVE THE MEASURE PROPOSED BY STAFF TO CREATE A LIMITED ENTRY GILL NET FISHERY, AND AGREED TO CONSIDER AT NEXT MONTH'S MEETING A PROVISION THAT WOULD PROHIBIT THE NEW LICENSES FROM BEING STACKED..
[Audio Item 14]

15. PUBLIC HEARING:  Concerning establishment of a spiny dogfish limited entry permit, described in draft Chapter 4VAC20-490-10 et seq., "Pertaining to Sharks" and based on VMRC mandatory harvest records, as authorized by Section 28.2-204.1 of the Code of Virginia.  THE COMMISSION APPROVED STAFF'S LIMITED ENTRY PROPOSAL 9-0.
[Audio Item 15]

16. PUBLIC HEARING:  Concerning options to incorporate the black sea bass commercial hardship quota as part of the directed fishery quota, as described in Draft Chapter 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass".  THE COMMISSION VOTED 9-0 TO MERGE COMMERCIAL BLACK SEA BASS HARDSHIP QUOTA-HOLDERS INTO THE DIRECTED FISHERY QUOTA, WHICH FAIRLY EQUALIZES INDIVIDUAL HARVEST LIMITS FOR EVERYONE WHO FISHES BLACK SEA BASS COMMERCIALLY.
[Audio Item 16]

17. REQUEST FOR A NOVEMBER PUBLIC HEARING:  Concerning the establishment of the 2009 Chesapeake recreational and commercial striped bass quotas and modification of the penalties associated with overages of individual striped bass commercial harvest quotas, as described in 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass".  THE COMMISSION VOTED 9-0 TO APPROVE A PUBLIC HEARING AT NEXT MONTH'S MEETING.
[Audio Item 17]

PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval).

THE FOLLOWING SO-CALLED PAGE TWO ITEMS, WHICH WERE SUBJECTED TO A PUBLIC INTEREST REVIEW AND RECEIVED NO OPPOSITION FROM THE PUBLIC, WERE APPROVED UNANIMOUSLY:

2A. U.S. ARMY CORPS OF ENGINEERS, #04-1327,
requests authorization to reactivate and extend the overboard placement in an unconfined manner of up to 65,000 cubic yards of dredged material, per dredge cycle, from the hydraulic maintenance dredging of two Federal Project Channels near Tangier Island in Accomack County.  The material will be deposited along the western shore of the island, south of the existing seawall.  All other terms and conditions of the permit will remain in effect.

2B. SHORE LAND INVESTMENTS, LLC, #09-0272,
requests authorization to construct a 413-foot long wooden jetty situated adjacent to their boat basin along Chincoteague Bay in the Corbin Hall subdivision near Horntown, Accomack County.  Staff recommends the assessment of a royalty in the amount of $813.00 for the encroachment of 1,626 square feet of State-owned subaqueous bottom at a rate of $0.50 per cubic yard.

2C. CITY OF HAMPTON, #09-1321, requests authorization to maintenance dredge approximately 6,000 cubic yards of material from the Salt Ponds inlet and inner channel to a maximum depth of minus seven (‑7) feet below mean low water in Hampton.  All dredged material will be taken to Craney Island for disposal.

2D. CITY OF NORFOLK, #08-0149, requests authorization to install three (3) 250-foot long, riprap, low-water sills along the west side of Haven Creek (East Haven) between New York and Massachusetts Avenues in the City of Norfolk, as part of a tidal wetland creation/enhancement project.

2E. MARINE HYDRAULICS INTERNATIONAL, INC., #09-0343, requests authorization to maintenance dredge, on an as-needed basis, up to 108,000 cubic yards of State-owned subaqueous material, per dredge cycle, to maintain maximum depths of -38 feet at mean lower low water (-38.14 at mean low water), within an approximately 450-foot wide by 1,396-foot long basin, adjacent to their property situated along the Elizabeth River near Lambert's Point in the City of Norfolk.  Staff recommends inclusion of the standard dredging conditions.

2F. ALLEGHANY COUNTY, #09-0709, requests authorization to install a two-inch waterline within an eight-inch casing and a 20-inch diameter sanitary sewer force main, both crossing beneath approximately 200 linear feet of the Jackson River between the proposed Iron Gate Pump Station and the County's Waste Water Treatment Plant; to install a 20-inch diameter sanitary sewer force main attached to the existing U.S. Route 220 Bridge crossing over approximately 200 linear feet of the Jackson River; to install a 10-inch diameter sanitary sewer force main crossing beneath approximately 53 linear feet of Wilson Creek immediately northeast of the existing Cliftondale Park Pump Station; to install a 10-inch diameter sanitary sewer force main crossing beneath approximately 40 linear feet of Sharvers Run immediately downstream of Route 632; and to install two (2) riprap outfall splash aprons for effluent and storm water discharges, 25 and 20 feet wide respectively, extending into the Jackson River approximately 40 linear feet channelward of ordinary high water, adjacent to the Lower Jackson River Regional Wastewater Treatment Plant in Allegheny County.  Staff recommends inclusion of our standard in-stream conditions and a requirement to coordinate with the Department of Game and Inland Fisheries regarding potential impacts to freshwater mussel species.

2G. DEPARTMENT OF THE NAVY, #09-1153, request authorization to install approximately 3,000 cubic yards of non-magnetic gravel, over a magnetic sensor array and adjacent cable path located within the Entrance Reach Channel of the Norfolk Harbor Channel, approximately nine-tenths of a mile southwest of the Hampton Roads Bridge-Tunnel, and to install approximately 2,180 linear feet of 8-foot wide articulated concrete matting over cables running from the sensor array to an existing data concentrator shed located approximately four-tenths of a mile southeast of the sensor array, situated along Hampton Roads to the north of Naval Station Norfolk in the City of Norfolk.

2H. EAST COAST TRANSPORT, INC., #01-1282, requests reactivation and a final two-year extension of a previous permit authorizing the excavation of 1,225 cubic yards of State-owned submerged lands to enable them to complete the construction of the second of two 26 foot-long by 14.5 foot wide, raw water intake vault structures and the replacement of 40 cubic feet of armor stone, at a location approximately 4,500 feet east (downstream) of the Route 15 bridge crossing of the James River in Buckingham County.  There will be no additional withdrawal above the permitted 18.1 mgd previously authorized and, the Permittee agrees to abide by all of the permit conditions set forth in the original permit document.

PAGE 3 ITEMS Consent Agenda Items.

THE FOLLOWING SO-CALLED PAGE THREE ITEMS, WHICH WERE SUBJECTED TO A PUBLIC INTEREST REVIEW AND RECEIVED NO OPPOSITION FROM THE PUBLIC, WERE APPROVED UNANIMOUSLY:

3A. TOWN OF ROCKY MOUNT, #09-1157, requests after-the-fact authorization to retain 33 cubic yards of riprap placed behind dam, and the installation of put‑in and take‑out portage ramps extending 4-foot channelward of ordinary high water, two (2) approximately 4-foot by 15-foot riprap jetties and two (2) floating warning markers adjacent to County property situated on the Blackwater River in Franklin County.

3B. MR. AND MRS. ROBERT MAIMBOURG, #08-0465, request after-the-fact authorization to retain 89 linear feet of riprap revetment, the toe of which extends a maximum of six (6) feet channelward of mean low water, adjacent to their property situated along Aquia Creek in Stafford County.


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