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COMMISSION ACTIONS OCTOBER 2010

The following are the agenda items from the Commission's regular meeting held October 26, 2010 at Commission headquarters.  The Commission's actions are in bold.

** APPROVAL OF AGENDA. THE AGENDA WAS APPROVED UNANIMOUSLY, WITH ALL NINE COMMISSIONERS PRESENT, WITHOUT CHANGE.
[Audio Agenda] 

1.  MINUTES of previous meeting.  THE MINUTES WERE APPROVED 8-0, WITH ASSOCIATE COMMISSIONER ROBINS ABSTAINING.
[Audio Item 1
 

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THE FOLLOWING THREE SO-CALLED PAGE TWO ITEMS, DELINEATED BELOW IN DETAIL, WERE APPROVED 9-0.
[Audio Item 2

3.  CONSENT AGENDA ITEMSNONE.
[Audio Item 3

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  THE COMMISSION HELD A BRIEF CLOSED MEETING TO DISCUSS THE PAYMENT OF ATTORNEY FEES IN A LAWSUIT OVER THE COMMISSION'S DECISION TO CLOSE THE WINTER CRAB DREDGE FISHERY IN 2008.
[Audio Item 4a] [Audio Item 4b]

5.  DESMOND OWENS, #10-0550, requests authorization to construct a 22-foot by 31-foot open sided boathouse near the channelward end of his pier situated along the Ware River at 5711 Mobjack Road in Gloucester County.  The project is protested by an adjoining property owner and a nearby property owner.  THE COMMISSION VOTED 9-0 TO APPROVE THE REQUESTED BOATHOUSE, PER STAFF RECOMMENDATION.
[Audio Item 5]

6.  FEDERAL HIGHWAY ADMINISTRATION, ET AL, #10-1448, requests authorization to install riprap shoreline stabilization at multiple locations along the Potomac River at Jones Point Park and repair the failing wall in front of the Jones Point Park Lighthouse through the installation of sheetpile and riprap temporarily displacing wetland vegetation along Hunting Creek in the City of Alexandria.  The project requires a Wetlands permit.  THE COMMISSION APPROVED THE PROJECT 9-0, PER STAFF RECOMMENDATION. 
[Audio Item 6]

7.  RUBY DEBOE, #10-1219, requests authorization to install 25 linear feet of quarry stone riprap a maximum of 18 inches in front of an existing timber bulkhead which will impact 37.5 square feet of jurisdictional beach at property at the confluence of the Piankatank River and Chesapeake Bay at 450 Gillim Road in Middlesex County.  A Coastal Primary Sand Dunes and Beaches permit is required.  THE COMMISSION VOTED UNANIMOUSLY TO CONTINUE THE PROJECT INDEFINITELY AT THE APPLICANT'S REQUEST.
[Audio Item 7]

8.  FERNAND BARUCH, JR., #10-1291, requests authorization to extend an existing breakwater an additional 40 feet, install 75 linear feet of quarry stone riprap revetment, install 150 linear feet of quarry stone riprap sill that will be filled with 400 cubic yards of sand, excavated from an accumulation adjacent to his pier, to support the planting of wetland vegetation at his property situated on the Rappahannock River at the confluence of Meachim Creek at 938 Plainview Road in Middlesex County.  Both Coastal Primary Sand Dunes and Beaches and Submerged Lands permits are required.  THE COMMISSION APPROVED THE PROJECT 9-0, SUBJECT TO ACCEPTANCE BY STAFF AND THE VIRGINIA INSTITUTE OF MARINE SCIENCE OF A PLANTING PLAN, AND MONITORING FOR TWO YEARS, PER STAFF RECOMMENDATION.
[Audio Item 8]

9.  ZOAR BAPTIST CHURCH, #10-1370, requests authorization to install 65 linear feet of quarry stone riprap a maximum of 16 feet in front of an existing timber bulkhead which will impact 1,040 square feet of jurisdictional beach and state owned subaqueous bottom at property near the confluence of the Rappahannock River and Chesapeake Bay on Riverside Drive in Middlesex County.  Both Coastal Primary Sand Dunes and Beaches and Submerged Lands permits are required.  THE COMMISSION APPROVED THE PROJECT 9-0, WITH THE STIPULATION THE ARMOR MATERIAL BE AT LEAST 300 POUNDS PER STONE, AND ALIGNED NO FURTHER CHANNELWARD THAN THE ADJACENT REVETMENT, PER STAFF RECOMMENDATION.
[Audio Item 9]

10.  ROBERT WINFREE, #10-1025.  Continuation of the August 24, 2010, Commission hearing concerning an after-the-fact authorization request to retain a previously unauthorized concrete block retaining wall/bulkhead structure at the applicant's property situated along the James River in the Town of Claremont, in Surry County.  A Coastal Primary Sand Dunes and Beaches permit is required.  THE COMMISSION APPROVED THE NEWLY REDESIGNED PROJECT 9-0, PROVIDED THE UPSTREAM PORTION OF THE WALL IS REALIGNED LANDWARD, A RETURN WALL IS INCORPORATED INTO THE EXISTING RIVERBANK, AND IS PROTECTED WITH RIPRAP.  ALSO, THE OWNER IS REQUIRED TO REMOVE THE STRUCTURE WITHIN 90 DAYS, SHOULD IT FAIL AND TO PROVIDE REVISED DRAWINGS WITH BENCHMARK DISTANCES.
[Audio Item 10]

11.  MIKE REESON, owner of Driftwood Corporation request for reconsideration of the Commission action to assess a civil charge of $1,800.00, related to his role as project contractor for the Guilford Heights Association (#10-0816), involving the unauthorized construction of a 186 linear foot concrete block retaining wall/bulkhead structure at the Association's property situated along the James River in Surry County that received after-the-fact approval at the August 24, 2010, meeting.  THE COMMISSION VOTED 8-0 TO REDUCE THE CIVIL CHARGE AGAINST CONTRACTOR MIKE REESON TO $600, IN LIEU OF FURTHER ENFORCEMENT ACTION.  COMMISSIONER BOWMAN RECUSED HIMSELF FROM DELIBERATIONS AND THE VOTE.
[Audio Item 11]

12.  PUBLIC COMMENTS:  RETIRED VIRGINIA INSTITUTE OF MARINE SCIENCE PROFESSOR JON LUCEY WAS HONORED FOR HIS MANY CONTRIBUTIONS TO FISHERY MANAGEMENT, THE COMMISSION AND RECREATIONAL ANGLERS OVER HIS 38 YEAR CAREER.  HE WAS PRESENTED A PLAQUE OF APPRECIATION FOR HIS "LOYAL AND DEDICATED SERVICE."
[Audio Item 12]

13.  REQUEST FOR PUBLIC HEARING:  Consideration of amendments to Regulation 4 VAC 20-995-10 et seq., "Pertaining to Commercial Hook-and-Line Fishing.", to establish a limit to the number of crew that can participate in the commercial hook-and-line fishery and clarify participation requirements.  THE COMMISSION VOTED 9-0 TO ADVERTISE FOR A NOVEMBER PUBLIC HEARING, AND VOTE, TO LIMIT COMMERCIAL HOOK AND LINE LICENSE HOLDERS TO 15 CREW MEMBERS AND ALLOW AN UPDATE ON THE MANDATED CREW LIST ONCE A YEAR, INSTEAD OF TWICE A YEAR.  SOME LICENSE HOLDERS HAVE LISTED AS MANY AS 240 POTENTIAL CREW MEMBERS.
[Audio Item 13]

14.  REQUEST FOR PUBLIC HEARING:  Consideration of amendments to Regulation 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder", and Regulation 4 VAC 20-920-10 et seq., "Pertaining to Landing Licenses", to provide an allocation of commercial offshore summer flounder quota to qualifying commercial hook and line licensees.  THE COMMISSION VOTED 9-0 TO ADVERTISE FOR A NOVEMBER PUBLIC HEARING, AND VOTE, TO ESTABLISH A RESTRICTED COMMERCIAL SUMMER FLOUNDER ENDORSEMENT LICENSE, SET A VESSEL POSSESSION LIMIT OF 150-200 POUNDS, AND TO RAISE THE SIZE POSSESSION LIMITS TO MATCH THE RECREATIONAL FLOUNDER POSSESSION LIMIT.
[Audio Item 14]
 

15.  REQUEST FOR PUBLIC HEARING:  Consideration of amendments to Regulation 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting", to eliminate the use of agents from the commercial gill net fishery.  THE COMMISSION VOTED 9-0 TO ADVERTISE FOR A NOVEMBER PUBLIC HEARING, AND VOTE, TO ALLOW WATERMEN WITH COMMERCIAL GILL NET PERMITS TO WORK TOGETHER ON THE SAME VESSEL AND TO ELIMINATE THE USE OF AGENTS IN THE COMMERCIAL GILL NET FISHERY. 
[Audio Item 15]

16.  RUSSELL GASKINS:  Request to license and locate a pound net in a new location on the north shore of the Rappahannock River, upriver of the Robert O. Norris, Jr. Bridge.  The proposed location is protested.  THE COMMISSION VOTED 9-0 TO APPROVE THIS POUND NET APPLICATION, WHICH WOULD REESTABLISH A POUND NET USED BY MR. GASKINS FOR 40 YEARS AT THE LOCATION.
[Audio Item 16]


THE FOLLOWING SO-CALLED PAGE TWO ITEMS WERE APPROVED 9-0:

2A. VIRGINIA NATURAL GAS, INC., #10-1376, requests authorization to install a 16-inch diameter gas pipeline, by directional-bore method, beneath 55 linear feet of Broad Creek, immediately upstream of North Military Highway in the City of Norfolk.  Recommend the assessment of a royalty in the amount of $165.00 for the encroachment beneath 55 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

2B. CITY OF SALEM, #10-1500, requests authorization to install and backfill 200 linear feet of gabion baskets, encroaching a maximum of two feet channelward of ordinary high water along the bank of the Roanoke River, to be part of the Roanoke River Greenway in the City of Salem.  The proposed installation will occur within temporary cofferdams placed five feet channelward of the gabion baskets.  Staff recommends inclusion of the standard in-stream conditions.

2C. WASHINGTON COUNTY SERVICE AUTHORITY, #10-0400, requests a modification to their previously issued permit to construct a 12 MGD raw water intake in the original streambed of the South Fork Holston River Reservoir near its confluence with the Middle Fork Holston River in Washington County.  The modification replaces the original single intake channel design with three smaller intake structures and an intake vault designed to improve pumping efficiencies and routine maintenance of the intake.

PAGE THREE ITEMS:

NONE.





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