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COMMISSION ACTIONS NOVEMBER 2010

The following are the agenda items from the Commission's regular meeting held November 23, 2010 at Commission headquarters.  The Commission's actions are in bold.

** APPROVAL OF AGENDA.  THE AGENDA WAS APPROVED 9-0, WITH ALL COMMISSIONERS PRESENT.
[Audio Agenda] 

1.  MINUTES of previous meeting.  THE COMMISSION APPROVED THE MINUTES 9-0.
[Audio Item 1  

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THESE NINE SO-CALLED PAGE TWO ITEMS, DELINEATED BELOW IN DETAIL, WERE APPROVED 9-0, EXCEPT FOR ITEMS 2E AND 2I, WHICH WERE APPROVED 8-0-1 WITH ASSOCIATE COMMISSIONER BRYAN PLUMLEE ABSTAINING. 
[Audio Item 2
 

3.  CONSENT AGENDA ITEMSNONE.
[Audio Item 3-4  

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

5.  RAYMOND BUTLER, #10-0803, requests after-the-fact authorization to permit the Nansemond River Duck Club to use a previously constructed concrete boat ramp, extending up to seven (7) feet channelward of mean low water, and an existing 58-foot long by 4-foot wide fixed pier, and authorization for the installation of a 36-foot long by 6-foot 1-inch wide floating platform at the applicant's property situated along the Western Branch, Nansemond River, at 4029 Godwin Boulevard in the City of Suffolk.  The request is protested by a number of nearby property owners.  THE AFTER-THE-FACT REQUEST WAS APPROVED 9-0 WITH THE ASSESSMENT OF A $531 ROYALTY AND NO CIVIL CHARGE, PER STAFF RECOMMENDATION.
[Audio Item 5  

6.  CITY OF ALEXANDRIA, #10-0798, requests authorization to restore approximately 600 linear feet of Holmes Run including the installation of J-hooks and rock vanes and to construct a 12-foot wide low profile pedestrian crossing near North Chambliss Street and Holmes Run Parkway in the City of Alexandria.  The project is protested by multiple adjacent property owners. THE PROJECT WAS APPROVED 9-0, PER STAFF RECOMMENDATION. 
[Audio Item 6

7.  WHITE POINT COVE ASSOCIATION, #10-1649, requests authorization to install 35 linear feet of quarry stone riprap a maximum of six (6) feet in front of an existing timber bulkhead which will impact 210 square feet of jurisdictional beach at property at the confluence of the Rappahannock River and Chesapeake Bay on Riverside Drive in Middlesex County.  A Coastal Primary Sand Dunes and Beaches permit is required.  THE COMMISSION APPROVED THE PROJECT 9-0, PER STAFF RECOMMENDATION.
[Audio Item 7

8.  JOHN AND PEGGY NEWCOMB, #10-1663, request authorization to remove three (3) deteriorated groins and to construct three (3) new replacement low profile groins extending up to 45 feet channelward of mean high water adjacent to their property situated along the York River at 1540 Fleming Road in Gloucester County. Both Coastal Primary Sand Dunes and Beaches and Submerged Lands permits are required.  THE COMMISSION APPROVED THE PROJECT 9-0, PER STAFF RECOMMENDATION.
[Audio Item 8

9.  NEW TIDES, LLC, #10-1471, requests authorization to remove and replace a fixed, 24-slip marina pier with an 8-foot wide floating pier extending approximately 237 feet channelward of a previously authorized bulkhead, including a 28-foot by 24-fixed platform, a 10-foot long gangway, four (4) 60-foot long and five (5) 40-foot long finger piers, and a 138-foot long by 8-foot wide T-head; construct two (2) 20-foot long finger piers extending from the bulkhead; and construct a 14-foot long pier connection to an existing floating platform along Carter Creek adjacent to the Tides Inn resort hotel in Irvington, Lancaster County.  Review of royalty assessment.  THE COMMISSION APPROVED THE PROJECT 9-0 AND ASSESSED A ROYALTY OF $27,788 FOR USE OF STATE-OWNED WATERBOTTOMS.
[Audio Item 9

10.  RICHARD GREEN, OYSTER LEASE GROUND APPLICATION #2010-044,requests to lease approximately 60 acres of planting ground near the James River Bridge in the City of Newport News.  The Commission declined to lease this area under two previous applications in 2005 and 2008.  THE COMMISSION APPROVED THE APPLICATION 9-0, AFTER RECEIVING NO OBJECTIONS FROM THE PUBLIC.
[Audio Item 10

11.  PUBLIC COMMENT.  NONE.
[Audio Item 11

12.  CYNTHIA SMITH (REEDVILLE, VIRGINIA):  Requests the return to a June 1 closure of the blue crab spawning sanctuaries and a modification of the upper western mainstream Chesapeake Bay boundary line of that blue crab spawning sanctuary. 4 VAC 20-752.10 et seq., "Pertaining to Blue Crab Sanctuaries.  THE COMMISSION VOTED 9-0 TO REFER MRS. SMITH'S REQUEST FOR CHANGES TO THE CLOSURE DATE, AND BOUNDARY LINES, OF THE BLUE CRAB SANCTUARY TO THE CRAB MANAGEMENT ADVISORY COMMITTEE.
[Audio Item 12

13.  PUBLIC HEARING:  Consideration of amendments to Chapters 4VAC20-920-10 et seq. "Pertaining to Landing Licenses" and 4VAC20-620-10 et seq. "Pertaining to Summer Flounder", to provide an allocation of commercial offshore (federal waters) summer flounder quota to qualifying Virginia commercial hook-and-line licensees.  THE COMMISSION VOTED 9-0 TO ESTABLISH A RESTRICTED OFFSHRE SUMMER FLOUNDER ENDORSEMENT LICENSE, AND TO SET A FLOUNDER VESSEL POSSESSION LIMIT FOR THAT FISHERY OF 200 POUNDS.
[Audio Item 13

14.  PUBLIC HEARING:  Consideration of increasing the current 14-inch minimum size limit of Summer Flounder harvested and possessed by commercial hook and line fishermen. 4 VAC 20-620-10 et seq. "Pertaining to Summer Flounder".  THE COMMISSION DECLINED TO RAISE THE SUMMER FLOUNDER SIZE LIMIT FOR COMMERCIAL HOOK AND LINE FISHERMEN, AFTER EXTENSIVE INDUSTRY PROTESTS. COMMISSIONER BOWMAN CALLED FOR A MOTION, BUT THERE WAS NONE.  AS A RESULT, THE STATUS QUO WAS MAINTAINED. 
[Audio Item 14

15.  PUBLIC HEARING:  Consideration of modifications to the Virginia commercial hook-and-line crew requirements and a proposal to define a "year", as a calendar year, to clarify participation and entry requirements. Chapter 4VAC20-995-10 et seq., "Pertaining to Commercial Hook-and-Line Fishing".  THE COMMISSION VOTED 9-0 TO CAP THE CREW LIST FOR COMMERCIAL HOOK AND LINE VESSELS AT 15, AND TO PROVIDE FOR A ONCE-A-YEAR CREW LIST UPDATE.
[Audio Item 15

16.  PUBLIC HEARING:  Consideration of allowing gill net permittees to fish from the same vessel and restrict, or eliminate, the use of agents in the gill net fishery, except in cases of medical hardship. Chapter 4VAC20-1190-10 et seq., "Pertaining to Gill Net Control Date, Limited Entry and Transfers".  THE COMMISSION VOTED 9-0 TO TABLE THIS MATTER AND REFER IT TO THE GILL NET AD HOC COMMITTEE AND THE FINFISH MANAGEMENT ADVISORY COMMITTEE FOR FURTHER CONSIDERATION.
[Audio Item 16

17.  REQUEST FOR A JANUARY 2011 PUBLIC HEARING:  Proposed establishment of aquaculture opportunity zones, as prescribed by section 28.2-603 of the Code of Virginia.  THE COMMISSION VOTED 9-0 TO HOLD A PUBLIC HEARING IN JANUARY ON THE CREATION OF 15 AQUACULTURE OPPORTUNITY ZONES, WHICH WOULD PROVIDE FOR A STREAMLINED PERMITTING PROCESS AND A WAIVER OF MANY WATERBOTTOM LEASE FEES AND RENTS IN ORDER TO ENCOURAGE SHELLFISH FARMING.
[Audio Item 17

18.  OYSTER STANDING STOCK REPORT:  Update of harvest activities and current estimates of standing stock, for public oyster grounds.  MARINE SCIENCE SUPERVISOR JIM WESSON BRIEFED THE COMMISSION ON THE STATUS OF THE OYSTER STOCKS AND THE CURRENT HARVEST, WHICH BEGAN IN OCTOBER.  THE COMMISSION THEN VOTED 9-0 TO ADVERTISE FOR A JANUARY PUBLIC HEARING TO ESTABLISH A DAILY SIX-BUSHEL LIMIT WHEN DRUMMING GROUND (AREA FOUR) REOPENS IN THE RAPPAHANNOCK RIVER IN FEBRUARY. 
[Audio Item 18 

19.  APPROVAL OF EXPENDITURES:  From the Virginia Saltwater Recreational Fishing Development Fund and Marine Fishing Improvement Fund to cover agency computer expenses.  THE COMMISSION VOTED 9-0 TO ANNUALLY APPROPRIATE $98,085 FROM THESE TWO FUNDS IN ORDER TO HELP PAY THE AGENCY'S INFORMATION TECHNOLOGY BILL FROM THE VIRGINIA INFORMATION TECHNOLOGIES AGENCY.
[Audio Item 19]

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

2A. NORTHROP GRUMMAN SHIPBUILDING, INC., #10-0518, requests authorization to modify their existing permit to include mechanical maintenance dredging of up to 325,000 cubic yards of State-owned subaqueous material, to re-establish and maintain maximum depths ranging between -30 and -49 feet at mean low water at their facility situated along the James River in the City of Newport News, with disposal at Craney Island. 

2B. VULCAN CONSTRUCTION MATERIALS, #01-1308, requests a modification to their existing permit to dredge an additional 6,314 cubic yards of bottom material, by mechanical method, to a maximum depth of -16 feet mean low water at their Richmond Quarry and Lower Dock Facilities situated along the James River in the City of Richmond and Henrico County, with disposal at previously approved abandoned quarry sites.  Recommend approval with an additional dredging royalty of $2,841.30 for the new dredging of 6,314 cubic yards of State owned bottom material at a rate of $.045 per cubic yard. 

2C. KINDER MORGAN OPERATING L.P. "C", #10-1612, requests authorization to mechanically maintenance dredge up to 80,000 cubic yards off State-owned subaqueous material, on an as needed basis to re-establish and maintain maximum depths of -52 feet at mean low water at their facility situated along the James River in the City of Newport News, with disposal at Craney Island.  Recommend inclusion of the standard dredge conditions.

2D. BLUEWATER POINT HOMEOWNERS ASSOCIATION, #10-1119, requests authorization to maintenance dredge 977 cubic yards of accumulated material and dredge an additional 1,623 cubic yards of new material to restore and deepen an existing channel and basin adjacent to Indian Creek at 472 McSwain Road in Lancaster County.  The channel will have a bottom width of 26 feet and be dredged one (1) foot deeper to achieve maximum depths of five (-5) feet at mean low water.  The sandy dredged material will be removed mechanically and placed on the adjacent beach area, contained within a previously authorized groin field and jetty.  Recommend approval with standard dredge conditions, and the assessment of a royalty in the amount of $730.35 for the removal of the new material at a rate of $0.45 per cubic yard.

2E. CITY OF CHESAPEAKE, #10-1572, requests authorization to install a 36-inch raw water transmission pipeline 30 feet below the bed of the Nansemond River by directional bore method, near the intersection of Rt. 58 and Wilroy Road in Suffolk.  Recommend approval with a royalty in the amount of $1,620.00 for the crossing under 540 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

2F. COLONNA'S SHIPYARD, #09-0073, requests a modification to their existing permit to now mechanically dredge an additional 13,200 cubic yards of State-owned subaqueous material to establish and maintain, on an as-needed basis, maximum depths of -27 feet at mean low water, adjacent to Pier 8 at their West Yard facility situated along the Eastern Branch of the Elizabeth River in the City of Norfolk.  All dredged material will be transported to and disposed of at Craney Island.  Recommend an additional royalty assessment in the amount of $5,940.00 for the dredging of 13,200 cubic yards of State-owned subaqueous material at a rate of $0.45 a cubic yard.

2G. LYON SHIPYARD, INC., #10-1050, requests authorization to mechanically maintenance dredge, on an as-needed basis, up to 35,000 cubic yards of State-owned subaqueous material to re-establish and maintain maximum depths ranging between -12 and -42 feet at mean low water, at their facility situated along the Eastern Branch of the Elizabeth River in the City of Norfolk.  All dredged material will be transported to and disposed of at Craney Island or an approved upland disposal site.  Recommend inclusion of the standard dredging conditions.

2H. DEPARTMENT OF THE NAVY, #10-1175, requests authorization to install a new fender system at two locations on the south side of Pier 6 at Naval Station Norfolk, situated along Hampton Roads in the City of Norfolk.  The proposed fender system will be comprised of two (2) approximately 22-foot long pre stressed concrete fender modules extending approximately two and one-half feet beyond the south face of the existing pier at each location, and will accommodate the temporary placement of camels for the berthing of CVN class vessels.

2I. NORFOLK SOUTHERN CORP., #10-1738, requests authorization to install a replacement power cable within a new four-inch diameter conduit installed by directional bore method approximately six feet beneath a 150 linear foot section of the Eastern Branch of the Elizabeth River, to provide power to their existing swing span railway bridge in the City of Norfolk.  Recommend the assessment of a royalty in the amount of $450.00 for the power line's encroachment beneath 150 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

PAGE THREE ITEMS:

NONE.





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