The following are the agenda items from the Commission's regular meeting held
September 25, 2007 at Commission
headquarters. The Commission's actions are in bold.
APPROVAL OF AGENDA. THE COMMISSION APPROVED THE AGENDA, WITH THE DELETION OF ITEMS #5 AND #2B.
1. MINUTES of previous meeting. THE COMMISSION APPROVED THE MINUTES 7-0-2. ASSOCIATE COMMISSIONERS FOX AND BOWDEN ABSTAINED BECAUSE THEY WERE ABSENT DURING THE PREVIOUS MEETING.
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2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). THE COMMISSION APPROVED THE SIX REMAINING PAGE TWO PROJECTS BY A VOTE OF 9-0.
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3. CONSENT AGENDA ITEMS. THE COMMISSION ENDORSED THE REACTIVATION, EXTENSION AND AFTER-THE-FACT MODIFICATION OF PERMIT #03-0913 TO NEWPORT NEWS SHIPBUILDING AS RECOMMENDED BY STAFF CONDITIONED ON THE SHIPYARDS AGREEMENT TO PAY A CIVIL CHARGE OF $1200 AND A TRIPLE PERMIT FEE OF $300.00 AS PERMITTED BY §28.2-1206.D. OF THE CODE OF VIRGINIA.
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4. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. THE COMMISSION DISCUSSED THE RECENT DECISION BY JUDGE SMILEY OF THE YORK COUNTY CIRCUIT COURT TO FIND MR. JEWETT IN CONTEMPT IN THE CASE OF JEWETT V. MRC. THIS CLOSED SESSION WAS HELD PURSUANT TO STATE LAW.
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5. WILLIAM P. BRYANT III, # 02-2393, requests authorization to construct a 4-foot by 200-foot open-pile private pier extension with a 3-foot wide catwalk to create one wetslip and to construct a 15-foot by 25-foot open-sided covered boathouse over the wetslip at the applicant's property situated along the Warwick River in the City of Newport News. The application is protested by an adjacent property owner. THIS ITEM WAS REMOVED FROM THE AGENDA BECAUSE THE REQUIRED NEWSPAPER ADVERTISEMENT HAD NOT BEEN PLACED BY STAFF. THE COMMISSIONER INDICATED THAT THIS PROJECT WOULD BE HEARD AT THE OCTOBER 23, 2007 MEETING.
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6. NORMAN CARLEY, #07-1354, requests authorization to remove an existing pier-head and extend a 6-foot wide pier 46 feet channelward to a total length of 280 feet channelward of mean low water with four (4) cluster pile dolphins located 25 feet channelward of the pier, construct 1,061 square feet of open-pile pier-head decking, and to construct a 44-foot by 72-foot open-sided boathouse adjacent to his property situated along the Piankatank River at 1330 Ebenezar Church Road in Mathews County. THE COMMISSION UNANIMOUSLY APPROVED MR. CARLEY'S REQUEST IN MODIFIED FORM, LIMITING THE SIZE OF THE OPEN-SIDED BOATHOUSE TO A MAXIMUM OF 2900 SQUARE FEET. THE COMMISSION ALSO AUTHORIZED THE PIER IN THE CENTER OF THE BOATHOUSE, BETWEEN THE TWO SLIPS, TO BE INCREASED TO A MAXIMUM OF SIX (6) FEET IN WIDTH, AND DIRECTED THAT THE TOTAL SQUARE FOOTAGE OF THE PIER DECKING OUTSIDE OF THE BOATHOUSE, EXCLUDING THE MAIN STEM OF THE PIER AND FINGER PIERS MEASURING FIVE (5) FEET OR LESS, MUST BE REDUCED TO A MAXIMUM OF 400 SQUARE FEET.
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7. VIRGINIA ELECTRIC & POWER COMPANY, #07-1458, requests authorization to install an aerial 230 kV electrical transmission line from Bristers to Gainsville across six jurisdictional crossings in Fauquier and Prince William Counties. The project is protested by two adjoining property owners in Fauquier County. THE COMMISSION UNANIMOUSLY APPROVED THIS PROJECT IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF.
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7A. THE COMMISSION CHOSE TO FURTHER AMEND THE AGENDA AND ADDED A DISCUSSION ON THE STATUS OF THE NASSAWADDOX CREEK FEDERAL PROJECT CHANNEL AND THE H. SPENCER MURRAY APPLICATION (#07-0792) THAT WAS APPROVED BY THE COMMISSION AT THE AUGUST 28, 2007 MEETING. AT THE REQUEST OF ASSOCIATE COMMISSIONER HOLLAND, BOTH THESE ITEMS WILL BE ADDED TO THE OCTOBER 23, 2007 AGENDA FOR AN INDEPTH DISCUSSION AND PUBLIC HEARING. STAFF WAS DIRECTED TO INFORM ALL PARTIES OF THE HEARING AND REQUEST THE ATTENDANCE OF THE CORPS, THE COUNTY, AND MR. MURRAY AT THE OCTOBER HEARING.
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8. PUBLIC COMMENTS. NO COMMENTS WERE RECEIVED ON ITEMS NOT BEFORE THE BOARD FOR CONSIDERATION.
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9. PUBLIC HEARING: Proposed amendments to Regulations 4VAC20-252, "Pertaining to the Taking of Striped Bass", to establish management measures for the 2007 Fall recreational fishery. APPROVED UNANIMOUSLY A NO-TAKE SLOT LIMIT BETWEEN 28 AND 34 INCHES WITH A ONE FISH PER DAY LIMIT FROM DEC. 10 TO DEC. 31. THIS OPTION WAS FAVORED OVER CLOSING THE STRIPER SEASON A WEEK EARLY, ON DEC. 25.
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10. PUBLIC HEARING: Proposed amendments to Regulations 4VAC20-260, 4VAC20-650, and 4VAC20-720, to establish management measures for the 2007/08 oyster season. APPROVED UNANIMOUSLY RECOMMENDATIONS FROM THE BLUE RIBBON OYSTER PANEL TO OPEN THE RAPPAHANNOCK RIVER IN PERMITTED ENTRY ROTATIONAL HARVESTS FOR HANDSCRAPES, BUT NOT PATENT TONGS. APPROVAL INCLUDED TOUGHER PENALTIES FOR VIOLATIONS AND A BUY-BACK OF $25 PER BUSHEL FOR OYSTERS LARGER THAN 4.25 INCHES. ALSO APPROVED WERE CREATING A TWO-ZONE ROTATIONAL HARVEST AREA NEAR TANGIER ISLAND AND A FOUR-MONTH SEASIDE EASTERN SHORE OYSTER SEASON, STARTING IN OCTOBER.
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11. REQUEST FOR PUBLIC HEARING: General Permit for Temporary Protective Enclosures for Shellfish, Proposed Regulation 4VAC20-1130. Report of ad hoc Panel. UNANIMOUSLY APPROVED A PUBLIC HEARING ON THIS PROPOSED REGULATION, WHICH STIPULATES THAT THE COMMISSIONER WILL DECIDE ON A CASE-BY-CASE BASIS WHAT CLEARANCE IS NECESSARY ON THESE STRUCTURES.
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12. REGULATION 4VAC20-20, "Pertaining to the Licensing of Fixed Fishing Devices". Industry requests suspension of the requirement to set and fish a net to maintain priority right to the location the following year. APPROVED UNANIMOUSLY THIS REQUEST FOR A PUBLIC HEARING IN OCTOBER.
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13. REQUEST FOR PUBLIC HEARING: Proposed amendment to Regulation 4VAC20-910, "Pertaining to Scup", to adjust the commercial fishery possession limit for the Winter II period (November-December). APPROVED UNANIMOUSLY.
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THESE ARE THE PAGE 2 ITEMS, WHICH WERE APPROVED IN A BLOC VOTE EXCEPT FOR ITEM 2B, WHICH WAS PULLED FROM CONSIDERATION:
2A. CAMP PEARY, #07-1667, requests authorization to construct two floating docks, each measuring 10' wide by 15' long, with hinged access ramps in Skimino and Queens Creek to provide safe boating access for Camp Peary personnel.
2B. COURTLAND FARMS LOUDOUN LLC, #06-2468, requests authorization to install, by the directional drill method, 119 linear feet of 6-inch HDPE pipe encased in an 8-inch HDPE sleeve at least 10 feet beneath Little River as part of the Courtland Farms Forcemain project in Loudoun County. Staff recommends a royalty of $357.00 for the encroachment under 119 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot. PULLED FROM CONSIDERATION BECAUSE A COMPROMISE IS BEING SOUGHT.
2C. TOWN OF STRASBURG, #07-1168, requests authorization to install a water intake structure temporarily impacting 3,070 square feet and permanently impacting 690 square feet of the North Fork of the Shenandoah River in Shenandoah County. Staff recommends a time of year restriction of April 15-June 15 and August 15-September 30 to avoid the mussel spawning season.
2D. FAIRFAX COUNTY PARK AUTHORITY, #07-1548, requests authorization to install three trail crossings above Accotink Creek measuring 10-feet by 69-feet, 10-feet by 99-feet, and 12-feet by 90-feet as part of the Accotink Stream Valley Trail in Fairfax County. Staff recommends a time of year restriction from February 15-June 30 to minimize potential impacts to anadromous fish.
2E. ROUTE 28 CORRIDOR IMPROVEMENTS LLC, #07-1576, requests authorization to install 20 linear feet of fiber optic line and gas line a minimum of 5 feet beneath Horsepen Run and 20 linear feet of overhead power and telephone lines above Horsepen Run near the intersection of Frying Pan Road and Route 28 in Fairfax County. Staff recommends a royalty of $240.00 for the encroachment under and over 80 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot.
2F. TOWN OF MOUNT JACKSON, #06-2616, requests authorization to replace 300 linear feet of an existing overhead sewer line including all existing concrete piers in the North Fork of the Shenandoah River in Shenandoah County.
2G. EQUITY HOMES, L.L.C., #07-0825, requests authorization to replace portions of an existing 34-slip marina located within the natural limits of Branson Cove, with a 25-slip community pier facility extending approximately 90 feet channelward of mean low water. The proposed project will also include the installation of 118 linear feet of replacement timber bulkhead and the construction of a 6-foot wide community fishing pier extending 116 feet channelward of mean low water with a 16-foot by 24-foot L-head platform, all of which is proposed adjacent to their property situated along Branson Cove and Lower Machodoc Creek in Westmoreland County. Recommend a royalty in the amount of $14,568.00 for the bold outline encroachment of the community pier over 9,246 square feet of State-owned subaqueous bottom at a rate of $1.50 per square foot, the encroachment of the community fishing pier over 1,050 square feet of State-owned bottom at a rate of $0.30 per square foot, and the bulkhead's encroachment over 128 square feet of State-owned bottom at a rate of $3.00 per square foot