COMMISSION ACTIONS

COMMISSION ACTIONS FEBRUARY 2007

The following are the agenda items from the Commission's regular meeting held February 27, 2007 at Commission headquarters. The Commission's actions are in bold.

1. MINUTES of previous meeting.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 8-0, to approve items number 2A, 2C-2E, 2G and 2H. The Commission voted, 7-0, with Mr. McLeskey abstaining to approve item number 2B. Item 2F was withdrawn from consideration because protests had been received. Item 2H, Pier Condominiums, Inc. was added to the agenda and was approved by the Commission.

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. The Commission received a report from counsel regarding a Circuit Court case involving Mr. and Mrs. Jewett of Poquoson. [ Audio Items 1-3 ]

4. BIRCHWOOD MOTEL, INC., #05-2780, requests authorization to construct a 700-foot long by 5-foot wide pier which includes a 30-foot by 8-foot L-head and 10 mooring piles to create four (4) community boat slips and install a six (6) inch sewage discharge pipe under the proposed pier adjacent to their property along Chincoteague Channel in the Town of Chincoteague, Accomack County. The project is protested by a nearby oyster ground leaseholder and several other property owners. The Commission voted, 8-0, to approve the pier and four boat slips, but voted (8-0) to deny the discharge pipe from a package sewage treatment plant, designed to service an upland development given the imposition of an additional prohibited shellfish condemnation zone, and the potential for adverse impacts on water quality, shellfish harvesting, and public health. [ Audio Item 4 ]

5. COLONIAL ARMS APARTMENTS, LLC, #06-2604. Commission review of the Mathews County Wetland Board’s December 6, 2006, decision to approve the construction of 178 linear feet of riprap revetment along the channelward face of a sand dune situated along the Chesapeake Bay at 1086 Sand Bank Road in Mathews County. This case, along with item # 6 and #7 were heard together. The Commission voted, 8-0, to remand the case to the Mathews County Wetlands Board for further consideration of the most effective way of addressing the ongoing erosion while also minimizing adverse impacts to the beach and near shore environment yet affording protection to the threatened properties.

6. MARK BYRD, #06-2649. Commission review of the Mathews County Wetland Board’s December 6, 2006, decision to approve the construction of 386 linear feet of riprap revetment along the channelward face of a sand dune situated along the Chesapeake Bay at 1088 Sand Bank Road in Mathews County. See item #5

7. EDMOND B. WEBSTER, #06-2652. Commission review of the Mathews County Wetland Board’s December 6, 2006, decision to approve the construction of 477 linear feet of riprap revetment along the channelward face of a sand dune situated along the Chesapeake Bay at 912 Sand Bank Road in Mathews County. See item #5 [ Audio Items 5, 6, 7 ]

8. ROBERT B. HART, ET AL, #06-1551. Commission review of the Prince William County Wetland Board's November 14, 2006, decision to approve the installation of 355 linear feet of vinyl bulkhead, and to grant after-the-fact authorization for the installation of 90 linear feet of gabion basket retaining wall and the placement of fill over approximately 3,550 square feet of tidal wetlands, adjacent to two properties situated along Quantico and Swans Creeks in Prince William County. The Commission voted, 8-0 to continue their review of this case until its March 27th meeting as requested by the King William County Wetlands Board.

9. MR. AND MRS. RONALD STOTT, #06-2223. Commission review of the Accomack County Wetlands Board’s January 25, 2007, decision to approve the construction of an access road, which will impact 70 square feet of vegetated wetlands, without consideration of any mitigation for the permanent loss of tidal wetlands involved, along Fowling Gut at 2934 South Main Street in the Town of Chincoteague, Accomack County. The Commission voted, 8-0, to remand the case to the Accomack County Wetlands Board with the concurrence of the applicant and the chairman of the wetlands board. The question is the consideration of the applicant’s plan to create 70 square feet of tidal wetlands to compensate for the loss of the wetlands permitted by the Board decision.

10. T. H. CRITTENDEN AND SON, INC. #06-1523, requests authorization to construct a 35-foot by 16-foot community-use concrete boat ramp adjacent to their property situated along the Rappahannock River in Middlesex County. The project is protested by an adjacent property owner. The Commission voted, 8-0, to approve the permit as requested. [ Audio Items 8, 9,10 ]

11. PUBLIC COMMENTS.

12. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-620-10 et seq. to establish the 2007 Summer Flounder recreational fishing measures. The Commission voted, 7-1, to approve Option 2 for recreational fishing, which sets the state-wide size limit at 18 ½ inches, the possession limit of 5 fish with closed seasons between Jan. 1 and March 31 and July 23-28. [ Audio Items 11, 12 ]

13. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-950-10 et seq., to establish the 2007 commercial Black Sea Bass harvest quotas and other restrictions. The Commission voted, 8-0, to set a public hearing for its March 27th meeting to consider the allocation of the commercial quota from the bycatch to the directed fishery. The Commission also voted, 8-0, to make the emergency regulations permanent.

14. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-530-10 et seq. to establish the provisions for a 2007 American Shad commercial bycatch fishery. The Commission voted, 7-0, to approve the amendments.

15. PUBLIC HEARING: Proposed regulation to establish a February 1 start date for the season for the relay of shellfish from private grounds. The Commission voted, 7-0-1 with Mr. McLeskey abstaining, to move the opening of the relay season from April 1 to February 1 in an effort to combat the cownose rays that begin to emerge in the Bay in mid-April. [ Audio Items 13, 14, 15 ]

16. PUBLIC HEARING: Pursuant to Section 28.2-826 of the Code of Virginia to accept comments on the proposal of the Virginia Seafood Council to place the non-native oyster Crassostrea ariakensis in state waters. While the Commissioner is the only person authorized under the Code of Virginia to approve this action, the Commission is directed to provide a public hearing forum. Ms. Frances Porter of the Council and Dr. Roger Mann of the Virginia Institute of Marine Science spoke.

17. BLUE CRAB: Request adoption of emergency regulation to open the blue crab potting season on March 19th and request for public hearing to expand the Blue Crab Spawning Sanctuary and eliminate the prohibition on the harvest of dark sponge crabs. The Commission voted, 8-0, to take emergency action and open the crab pot season March 17th instead of the regular April 1 opening. The Commission voted, 8-0, to set a public hearing at its March 27th meeting to consider the expansion of the Blue Crab Spawning Sanctuary and to consider the repeal of the prohibition on the harvest of dark sponge crabs with the replacement of a regulation that could close the Virginia Beach shoreline from Cape Henry to the N.C. state line within the state’s three mile limit in the summer to crab harvesting. [ Audio Items 16, 17 ]

18. COWNOSE RAY INFRASTRUCTURE ASSISTANCE PROGRAM: Approval of procurement procedures. The Commission voted, 7-0-1 with abstention by Mr. Robins, to approve the procurement procedures.

19. BLUEFISH: Request for public hearing to establish the 2007 commercial harvest quota. The Commission voted, 8-0, to set a public hearing for its March 27th meeting.

20. FAILURE TO REPORT COMMERCIAL HARVEST: The Commission voted, 6-2, to revoke the commercial harvester’s license for John T. Johnson for 90 days, followed by a one-year and nine-month probation period. [ Audio Items 18,19, 20 ]

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

2A.    U. S. COAST GUARD, #07-0243, requests authorization to remove and replace Windmill Point Light in Lancaster County and Stingray Point Light in Middlesex County, in Chesapeake Bay at the mouth of the Rappahannock River. Each structure will consist of a 10-foot diameter circular steel-encased caisson foundation, reinforced with nine (9) steel H-piles and extending 10 feet above mean high water, and a 5-foot by 5-foot by 20-foot tall steel skeleton tower to support the Aid to Navigation (ATON) equipment. The new light structures will be constructed in same location of the existing, deteriorated structures, and all materials associated with the existing structures will be removed and disposed of in an upland location.

2B.    ARMY CORPS OF ENGINEERS, #02-0523, requests authorization to modify and extend the existing dredging permit for Rudee Inlet in Virginia Beach. The existing permit allows the placement of up to 150,000 cubic yards of sandy dredged material onto the beach lying north of the Inlet as a result of the ongoing hydraulic maintenance dredging of the Rudee Inlet Federal Project Channel and the associated sand trap and weir system. Requested Modifications are as follows: the inclusion of the City of Virginia Beach as a co-applicant / co-permittee, the placement of approximately 350,000 cubic yards of sandy dredged material onto the north side of the Inlet as a result of ongoing maintenance dredging. A permit extension would increase the expiration date by five years, until October 31, 2012.

2C.    RICHMOND DEPARTMENT OF PUBLIC UTILITIES, ET AL, #06-0294, requests authorization to construct a temporary work causeway and install 500 linear feet of submerged 60-inch diameter water line to facilitate the rehabilitation and replacement of a 54-inch treated water conduit situated adjacent to and within the James River between the Richmond Water Treatment Plant and the Byrd Park Pump Station in the City of Richmond. Recommend approval contingent on the removal of the work causeway upon project completion, our standard instream permit conditions, an instream work time-of-year restriction of March 1 through September 15 to protect anadromous fish and freshwater mussel species and any additional mussel or fish surveys/relocations, if necessary, as recommended by the Department of Game and Inland Fisheries.

2D.    RICHMOND REGION 2007, #07-0044, requests authorization to construct a 24-foot wide by 500-foot long floating causeway within the James River, adjacent to the City of Richmond Intermediate Terminal (3101 Water Street), to support the temporary mooring of period vessels (Godspeed, Schooner Virginia, Kalmar Nyckel & Lady Maryland) in May 2007 as part of the Jamestown 2007 celebration. Recommend approval contingent on the removal of the causeway by June 15, 2007 and final approval from the Virginia Health Department.

2E.    HANOVER COUNTY DEPARTMENT OF PUBLIC UTILITIES, #06-2945, requests authorization to directionally bore a 16-inch diameter sewer force main beneath approximately 250 linear feet of Totopotomoy Creek adjacent to McGregor Farm Drive to extend sewer service in Hanover County.

2F.    MARINE HYDRAULICS, INCORPORATED, #04-1984, requests authorization to dredge, using either clamshell or hydraulic methods, 113,600 cubic yards of State-owned submerged land from a 633-foot by 140-foot wide basin to create maximum depths of -55 feet mean low water for the installation of a drydock with an associated 200-foot long by 360-foot wide access channel to -40 feet mean low water to connect with the adjacent Federal Navigation Channel, install two (2) 30-foot by 15-foot anchor dolphins, and construct a 193-foot long new bulkhead with 1,202 square feet of associated backfill and 5,400 cubic yards of new dredging from within an adjacent 130-foot by 140-foot basin to create maximum depths of minus ten (- 10) feet mean low water, at their property situated along the Elizabeth River in Norfolk. All dredged materials will be transported to and disposed within the Craney Island Dredged Material Management Area. Staff recommends a royalty of $53,550.00 for the dredging of 119,000 cubic yards of state-owned submerged land at a rate of $0.45 per cubic yard, $6,010.00 for the filling of 1,202 square feet of state-owned submerged lands at a rate of $5.00 per square foot and $900.00 for the installation of two (2) industrial dolphins at a rate of $1.00 per square foot.   Staff also recommends a pre-dredge conference prior to dredging, submission of a post-dredge survey, and a requirement that bulkhead construction and dredging cannot begin until the mitigation site at the Eastern Branch of the Elizabeth River property has been graded and planted.

2G.    YORK COUNTY, #05-2531, requests authorization to modify a previously authorized project including the relocation of previously approved but not yet installed 40-foot by 6-foot aluminum ramp and a 65-foot by 13-foot floating canoe and kayak launching dock approximately 10 feet to the south and to add the dredging of 35 cubic yards of material, using clamshell method, from a 40-foot by 45-foot basin associated with the floating dock at the public ramp situated along Wormley Creek in York County.

2H. COUNTY OF GREENE, #06-2833, requests authorization to install 280 linear feet of 20-inch water main pipeline beneath multiple stream crossings along the edge of the VDOT Right-of-Way on U.S. Route 29 from its intersection with State Route 607 (Cedar Grove Road) north to Ruckersville in Greene County.

2I. PIER CONDOMINUMS, #06-2853, requests authorization to remove and reconstruct a new 35-slip community marina for condominium owners, employing concrete encased floating dock modules, as well as the addition of 500 linear feet of riprap armor stone protection and 160 linear feet of floating wave attenuation barrier at their property situated along the Elizabeth River at the entrance to "the Hague" in Norfolk. Recommend the assessment of a royalty in the amount of $64,191.00 for the additional encroachment over 42,794 square feet of State-owned subaqueous bottom at the rate of $1.50 per square foot.