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COMMISSION ACTIONS JANUARY 2010

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


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APPROVAL OF AGENDA.  THE COMMISSION UNANIMOUSLY APPROVED THE AGENDA (7-0, WITH ASSOCIATE COMMISSIONER LAINE AND HOLLAND ABSENT FROM THE MEETING) AS AMENDED, BY MOVING ITEM #5 TO THE LIST OF SO-CALLED PAGE 2 PROJECTS AND MOVING ITEM #10 TO THE SO-CALLED PAGE 3 CONSENT AGENDA.
[Audio Agenda]

1.  MINUTES of previous meeting.  UNANIMOUSLY APPROVED AS CIRCULATED. 
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THESE 19 SO-CALLED PAGE 2 ITEMS, DELINEATED BELOW IN DETAIL, WERE APPROVED UNANIMOUSLY, IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF. 
[Audio Item 2]

3.  CONSENT AGENDA ITEMS THE COMMISSION UNANIMOUSLY APPROVED BY INDIVIDUAL VOTE THE FOUR SO-CALLED PAGE 3 CONSENT AGENDA ITEMS DELINEATED BELOW IN DETAIL, AS RECOMMENDED BY STAFF.
[Audio Item 3]

4.  CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL:  A CLOSED MEETING WAS NOT NECESSARY THIS MONTH.
[Audio Item 4]

5.  JAMES RIVER ASSOCIATION, #09-1316, requests authorization to construct a 70-foot wide by 300-foot long by two-foot high Atlantic Sturgeon spawning reef, using riprap granite stone, within the James River at the Turkey Island Cutoff, near the Presquile National Wildlife Refuge in Chesterfield County.  The applicant has also requested authorization to install one buoy at the midpoint of the proposed reef to accommodate hydrosonic monitoring equipment.  The project is protested by Vulcan Materials Company.  WITH THE REMOVAL OF THE OBJECTION BY VULCAN MATERIALS, THIS ITEM WAS MOVED ON THE AGENDA AND UNANIMOUSLY APPROVED AS A PAGE TWO ITEM, IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF. 
[Audio Item 2]

6.  YORK RIVER YACHT HAVEN ASSOCIATES, #09-0013, requests authorization to remove the two (2) existing open-pile piers closest to the mouth of Sarah Creek and install two (2) new floating piers in a slightly revised alignment which will extend 304 feet and 155 feet channelward of mean high water and contain 48 wetslips at their marina facility situated along Sarah Creek at 8109 Yacht Haven Road in Gloucester County.  The project is protested by an adjacent property owner.  THE PROJECT WAS UNANIMOUSLY APPROVED AS PROPOSED. 
[Audio Item 6]

7.  MR. AND MRS. BILL BRUBAKER, #09-0398, request authorization to install a two‑point private mooring system centered near 37 31' 32" North Latitude and 76 25' 3" West Longitude, north of the existing Mariners Point Homeowners Association pier and approximately 100 feet channelward of the Villas at Wilton Creek in Middlesex County.  The project is protested by several residents along the creek, as well as the several owners associations within the Coves at Wilton Creek development. THE PROJECT WAS UNANIMOUSLY DENIED, IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF. 
[Audio Item 7]

8.  APPALACHIAN POWER COMPANY, #08-2132, requests authorization to install a new aerial 138kV transmission line running from Penhook to Westlake and crossing over a total of 175 linear feet of the Blackwater River in Franklin County.  The project is protested by one of the adjacent property owners.  THE PROJECT WAS UNANIMOUSLY APPROVED, AS RECOMMENDED BY STAFF. 
[Audio Item 8]

9.  PUBLIC HEARING:  To amend the initial inventory of ungranted shores of the sea, marsh and meadowlands in order to establish a metes and bounds boundary between the property of Commonwealth and the U.S. Fish and Wildlife Service at the Eastern Shore National Wildlife Refuge near Wise Point in lower Northampton County.  THE COMMISSION UNANIMOUSLY APPROVED METES AND BOUNDS BOUNDARY BETWEEN THE PROPERTY OF THE COMMONWEALTH AND THE EASTERN SHORE OF VIRGINIA NATIONAL WILDLIFE REFUGE, AS RECOMMENDED BY STAFF.  IN ADDITION, THE COMMISSION AUTHORIZED THE COMISSIONER OR HIS DESIGNEE TO SIGN THE BOUNDARY AGREEMENT AND PLAT THAT IS TO BE RECORDED AT THE CIRCUIT COURT.  THE VOTE WAS 6-0, WITH ASSOCIATE COMMISSION SCHICK ABSENT FOR THE VOTE.
[Audio Item 9]

10. ENFORCEMENT: CLANCY HERR, #04-0992. Show Cause hearing to discuss why Mr. Herr should not be found in violation of 28.2-1203 and 28.2-1212 of the Code of Virginia for the construction of a 298-foot long pier without a permit from the Commission and in excess of that authorized by staff, at his property situated along Pungoteague Creek in Accomack County. Continued from the November 24, 2009, Commission meeting.  THIS MATTER WAS MOVED TO THE SO-CALLED PAGE THREE AGENDA BECAUSE A CONSENT AGREEMENT WAS REACHED, AND THEN WAS APPROVED UNANIMOUSLY.
[Audio Item 3]

11. PUBLIC COMMENTS:  ELLIS JAMES OF CHESAPEAKE ASKED THE COMMISSION TO, WHENEVER POSSIBLE, ENCOURAGE IMPROVED WATER QUALITY THROUGH CONTAMINATION MONITORING BY OTHER STATE AGENCIES.  
RUSSELL BURKE, A GRADUATE STUDENT AT THE VIRGINIA INSTITUTE OF MARINE SCIENCE, PROPOSED A PUBLIC-PRIVATE PARTNERSHIP WITH THE RAPPAHANNOCK PRESERVATION SOCIETY TO DISTRIBUTE LARGE REEF BALLS AS FISH HABITAT TO REDUCE ALGAE IN THE CHESAPEAKE BAY.   HE SAID THE PROJECT WOULD COST $5 MILLION A YEAR FOR FIVE YEARS.  
ASSOCIATE COMMISSION RICK ROBINS BRIEFED THE COMMISSION ON A RECENT CRAB MANAGEMENT ADVISORY COMMITTEE DISCUSSION ON TERRAPIN EXCLUDER DEVICES THAT RECREATIONAL CRAB POTTERS MAY WANT TO INSTALL ON THEIR POTS.  
LASTLY, ASSOCIATE COMMISSIONER ERNIE BOWDEN SUGGESTED REACTIVATION OF A COMMERCIAL STRIPED BASS ADVISORY COMMITTEE TO STUDY REGULATIONS AND PRACTICES, AND TO SUGGEST POTENTIAL CHANGES.   COMMISSIONER BOWMAN AGREED TO DO SO.
[Audio Item 11]

12. SUMMER FLOUNDER:  Request for public hearing to consider amendments to Regulation 4VAC20-620-10 et seq., to establish recreational fishery measures for 2010.  THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE THREE OPTIONS FOR DISCUSSION AT A PUBLIC HEARING NEXT MONTH TO LOWER THE SIZE LIMIT FOR THE 2010 RECREATIONAL SUMMER FLOUNDER SEASON.  THE CURRENT SIZE LIMIT IS 19 INCHES, WITH A FIVE FISH POSSESSION LIMIT.  THE OPTIONS ARE FOR AN 18.5 INCH LIMIT WITH EITHER A FIVE OR FOUR FLOUNDER POSSESSION LIMIT, OR AN 18 INCH, FIVE-FISH LIMIT WITH A CLOSED SEASON FROM JUNE 7 TO JULY 11.  THE FLOUNDER STOCK HAS IMPROVED, WHICH PERMITS A LOOSENING IN REGULATIONS TO ACHIEVE A TARGET OF 417,480 FLOUNDER LANDED BY RECREATIONAL ANGLERS THIS YEAR. 
[Audio Item 12]

13.  SUMMER FLOUNDER:  Request for public hearing to consider amendments to Regulation 4VAC20-620-10 et seq., to adjust the commercial bycatch fishery limits. THE COMMISSION UNANIMOUSLY APPROVED A PUBLIC HEARING IN FEBRUARY TO ADJUST THE COMMERCIAL SUMMER FLOUNDER BYCATCH REGULATIONS TO PREVENT LANDINGS OF UNMARKETABLE FISH IN ORDER TO GAIN A LARGER CATCH OF FLOUNDER FOR SALE AS BYCATCH.
[Audio Item 13]

14.  GREY TROUT (WEAKFISH):  Request for public hearing to consider amendments to Regulation 4VAC20-380-10 et seq., to establish new restrictions for the commercial and recreational fisheries to comply with the Interstate Fishery Management Plan.  THE COMMISSION UNANIMOUSLY APPROVED A PUBLIC HEARING IN FEBRUARY TO LOWER THE CURRENT RECREATIONAL SIX-FISH WEAKFISH LIMIT TO ONE FISH, AND A CORRESPONDING REDUCTION IN THE COMMERCIAL WEAKFISH QUOTA, AS REQUIRED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.
[Audio Item 14]

15. SHARKS:  Request for public hearing to consider amendments to Regulation 4VAC20-490-10 et seq., to establish new restrictions for the shark fisheries to comply with the Interstate Fishery management Plan.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE A PUBLIC HEARING IN FEBRUARY TO ROUTINELY ADJUST THE SHARK REGULATIONS TO CONFORM WITH THE FEDERAL INTERSTATE SHARK MANAGEMENT PLAN DETAILED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.
[Audio Item 15]

16. BLACK SEA BASS AND SCUP:  Request for public hearing to consider amendments to regulations 4VAC20-950-10 et seq. and 4VAC20-910-10 et seq., to establish commercial and recreational fishery measures for 2010.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE A PUBLIC HEARING IN FEBRUARY TO ROUTINELY ADJUST THE BLACK SEA BASS AND SCUP REGULATIONS TO CONFORM WITH THE FEDERAL INTERSTATE SHARK MANAGEMENT PLAN DETAILED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.
[Audio Item 16]

17. AMERICAN SHAD:  Request for public hearing to consider amendments to regulation 4VAC20-530-10 et seq., to establish a commercial bycatch fishery for 2010.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE A PUBLIC HEARING IN FEBRUARY TO CONTINUE THE LIMITED SHAD BYCATCH FISHERY FOR AN ADDITIONAL YEAR.
[Audio Item 17]

18. OYSTER:  Request for public hearing to consider amendments to regulation 4VAC20-720-10 et seq., to reopen rotational harvest area 5 in the Rappahannock River during March, 2010.  THE COMMISSION VOTED UNANIMOUSLY TO HOLD A PUBLIC HEARING IN FEBRUARY TO CONSIDER REOPENING IN MARCH ONE OF THE ROTATIONAL HARVEST AREAS (THE TEMPLE BAY AREA) IN THE RAPPAHANNOCK RIVER.  DR. JIM WESSON TOLD THE COMMISSION THAT THE FALL STOCK ASSESSMENT DETERMINED SOME OYSTERS ARE AVAILABLE FOR HARVEST, ENOUGH TO SUPPORT A DAY'S WORK FOR LOCAL OYSTERMEN.
[Audio Item 18]

19.  Individual cases concerning failure to report commercial harvests in compliance with Commission regulation.  The commission voted unanimously to place nine WATERMEN on one year of probation for violating mandatory reporting requirements for participation in the horseshoe crab fishery.  warnings were issued to an additional four watermen.   The vote was 6-0, with associate commission robins recusing himself for this MATTEr because he has a financial interest in the horseshoe crab industry.
[Audio Item 19]

20. REPEAT OFFENDERS:  THE COMMISSION VOTED UNANIMOUSLY (7-0) TO PLACE SIX WATERMEN ON ONE YEAR OF PROBATION FOR VIOLATING OYSTER CULLING REQUIREMENTS.  WARNINGS WERE ISSUED TO FOUR OTHER WATERMEN FOR THE SAME OFFENSE, AND ONE WATERMAN'S RIGHT TO BE AN AGENT WAS SUSPENDED UNTIL HE APPEARS BEFORE THE COMMISSION FOR THE SAME ALLEGED OFFENSE.
[Audio Item 20]

THE FOLLOWING SO-CALLED PAGE TWO ITEMS (PROJECTS OVER $50,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATIONS FOR APPROVAL) WERE APPROVED UNANIMOUSLY, INCLUDING AGENDA ITEM 5 THAT WAS MOVED TO THIS SECTION OF THE AGENDA:

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

2A.  CITIZENS TELEPHONE COOPERATIVE, #09-1570, requests permission to cross five (5) jurisdictional streams (Mill, Wilson, Fox, Bridle, and Saddle Creeks) with aerial fiber optic cables as part of an Open Access Fiber Optic Network Project running entirely within a VDOT Right-of-Way from the Town of Independence in Grayson County to the Smyth County line on Route 16.  Staff recommends a royalty of $684.00 be assessed for the encroachment over 228 linear feet of State-owned subaqueous bottom at a rate of $3.00 linear foot.

2B.  GASLIGHT LANDING, LLC, #05-1221, requests permission to modify existing dock configuration by the addition of 12 mooring piles, associated with the Gaslight Landing project adjacent to property at 207 Mill Street, situated along Occoquan River in Prince William County.

2C.  KINDER MORGAN, #08-1690, requests permission to modify an existing permit (#08-1690) to authorize the use of a temporary dam and flume system to dewater 1800 square feet of state-owned bottom in order to install articulated concrete mats on top of exposed petroleum pipeline segments.  The impact area will be increased by 2,475 square feet to a total of 4,275 square feet of subaqueous river bottom of the Blackwater River in Franklin County.  Recommended approval with an additional royalty in the amount of $1,237.50 for the encroachment over 2,475 square feet of State-owned subaqueous bottom at a rate of $.50 per square foot. 

2D.  CITY OF ALEXANDRIA, #09-1060, requests authorization to install a 450 foot long multi-use concrete trail and associated riprap over Cameron Run that will connect to the existing Holmes Run trail in the City of Alexandria.

2E.  FEDERAL HIGHWAY ADMINISTRATION, #08-1194, requests authorization to modify their previously authorized permit to drive sheet piles to a depth of -42.52 feet below mean low water in front of previously authorized riprap adjacent to the Colonial Parkway College Creek bridge within the Colonial Parkway National Historic Park in James City County.

2F.  CHESPAPEAKE PUBLIC WORKS, #09-1653, requests authorization to replace the four (4) existing reinforced concrete pipe (RCP) culverts beneath Campostella Road just north of Military Highway with one (1) dual, 12-foot by 5-foot concrete box culvert and one (1) 10-foot by 5-foot concrete box culvert to alleviate flooding and improve flow of an unnamed tributary to Milldam Creek in Chesapeake.  Recommend approval with our standard in-stream work conditions.

2G.  COLUMBIA GAS TRANSMISSION, LLC, #09-1680, requests authorization to replace and/or repair gas pipeline segments (VM-127 and VM-128) in multiple waterbodies, as needed, in Isle of Wight County and the City of Newport News.  Recommend that a royalty of $3.00 per linear foot be determined based on each individual crossing, if replaced.

2H.  RICHMOND DEPARTMENT OF PUBLIC UTILITIES, ET AL, #06-0294, requests a modification of the time-of-year restriction in their existing permit which authorizes the construction of a temporary work causeway and the installation of 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 a new instream work time-of-year restriction of March 1 through August 31 to protect anadromous fish and freshwater mussel species, as recommended by the Department of Game and Inland Fisheries.

2I.  NEWPORT NEWS DEPARTMENT OF PUBLIC UTILITIES, #09-1717, requests authorization to rehabilitate the existing sheetpile dam and abutments with new steel sheeting and concrete work, replace and relocate the former fish ladder, replace the manual boat lock structure and place riprap scour protection to facilitate repairs to Walkers Dam in New Kent County.  Recommend approval with our standard instream permit conditions and the agreement to adhere to any instream work time-of year restrictions as recommended by the Department of Game and Inland Fisheries.

2J.  RIVERS REST MOTEL & MARINA, #09-1408, requests authorization to construct two floating dock extensions and 720 linear feet of floating wave break to facilitate the construction of 30 additional wet slips, transient docking and to provide protection from boat wakes and severe weather at their existing marina situated along the Chickahominy River in Charles City County.  Recommend approval with an encroachment royalty of $84,713.00 for the encroachment of the new slips over 84,713 square feet of State-owned subaqueous bottom at a rate of $1.00 per square foot.

2K. U.S. ARMY CORPS OF ENGINEERS & CITY OF VIRGINIA BEACH, #09-0427, requests authorization to modify the existing Cape Henry Beach nourishment permit to allow the truck-hauling of beach quality sand from the City-owned Maple Street dredged material management area to the easternmost end of Cape Henry Beach.  A maximum of 50,000 cubic yards of beach quality sand will be delivered and spread along the beach within the overall boundaries of the Lynnhaven Fishing Pier and First Landing State Park situated along the Chesapeake Bay. 

2L.  RIVANNA WATER AND SEWER AUTHORITY, #08-0041, requests a modification to their previously authorized project to now replace the existing Meadow Creek Interceptor, sanitary sewer line with approximately 214 linear feet of new ductile iron pipe and/or other suitable pipe material ranging between 36 and 48 inches in diameter, crossing below Meadow Creek at five locations in the City of Charlottesville and Albemarle County.  Staff recommends inclusion of our standard in-stream conditions.

2M.  BEDFORD COUNTY, #09-0932, requests authorization to conduct a stream restoration project along approximately 3,472 linear feet of the South Fork of Goose Creek, to include channel modifications, bank grading, and the installation of log and rock vane structures, rock cross vanes, modified J-hook structures, toe wood stabilization, rock and notched log sills, a footbridge, and two temporary stream crossings for construction access, located immediately south of Montvale Elementary School in Bedford County.

2N.  CITY OF ROANOKE, #09-1581, requests authorization to replace portions of and to widen the existing Berkley Road bridge, which crosses approximately 42 linear feet of Glade Creek in the City of Roanoke.  The proposed project calls for an approximately 30-foot wide bridge to replace the existing 22-foot wide structure, the installation of approximately 80 linear feet of riprap bank/scour protection adjacent to the bridge's wing walls, and the installation of temporary cofferdams to allow for portions of the project to be constructed in the dry.  Staff recommends inclusion of the standard in-stream conditions.

2O.  BAE SYSTEMS, #09-1600, requests authorization to install and backfill approximately 465 linear feet of steel sheet pile bulkhead a maximum of 4 feet channelward of an existing, deteriorated bulkhead located between Piers 3 and 5 at their facility situated along the Southern Branch of the Elizabeth River in the City of Norfolk.  The proposed project also includes the dredging of approximately 500 cubic yards of State-owned subaqueous material and the placement of approximately 150 cubic yards of clean fill to establish a proper slope for the installation of approximately 465 linear feet of riprap bulkhead toe/scour protection extending approximately 20 feet channelward of the proposed bulkhead.

2P.  METRO MACHINE CORPORATION, #09-1708, requests authorization to install a 2-foot 6-inch wide by 448-foot long facia beam supported by 21 plumb piles on the channelward side of an existing wharf along the west side of a wetslip, immediately south of Pier 1 at their facility situated at the confluence of the Eastern and Southern Branches of the Elizabeth River in the City of Norfolk.

2Q.  URBANNA HARBOR YACHT CLUB ASSOCIATION, #07-1620, requests authorization to revise their existing permit so as to allow the construction of a total of 2521 linear feet of floating pier which includes a 20 foot wide gap between the two large pier sections, a new utility pier connection near the upstream end of the pier and more channelward alignment of the downstream end of the pier at their pier facility situated along Urbanna Creek in Middlesex County.  Uncovered boatlifts are also proposed to be reinstalled in four specified slips.

2R.  TOWN OF SMITHFIELD, #09-0649, requests authorization to modify their previously issued permit, specifically to modify the alignment of a previously authorized elevated pedestrian walkway over Little Creek, a tributary to Cypress Creek, in the Town of Smithfield in Isle of Wight County in conjunction with the Windsor Castle Park project. 
 

PAGE 3 ITEMS Consent Agenda Items.

THE FOLLOWING SO-CALLED PAGE THREE CONSENT ITEMS WERE APPROVED UNANIMOUSLY, INCLUDING ITEM 10 THAT WAS MOVED TO THIS SECTION OF THE AGENDA:

3A.  FEDERAL HIGHWAY ADMINISTRATION, #09-1215, requests after-the-fact authorization for emergency repairs to Colonial Parkway including the installation of a 6-inch concrete pile jacket installed around the damaged piling in Powhatan Creek in Colonial National Historic Park in James City County.  The applicant has agreed to a triple permit fee of $300.00 in lieu of further enforcement action.  No civil charge is recommended. 

3B.  MR. & MRS. JOHN SCHAFFER, #91-0059, request after-the-fact authorization to retain 31 linear feet of replacement timber bulkhead, installed approximately 1 foot channelward of the existing bulkhead serving 4024 N. Witchduck Road, situated along the Western Branch of the Lynnhaven River in Virginia Beach.  A draft permit was originally completed, however the applicants never signed the permit copies, nor paid the $75.00 permit fee.  The applicants have agreed to a triple permit fee of $225.00 in lieu of further enforcement action.  No civil charge is recommended. 

3C.  CITY OF FREDERICKSBURG, #08-1541, requests after-the-fact authorization to retain 172 linear feet of new 36-inch sewer line installed beneath the CSX Bridge in the City of Fredericksburg.  The new 36-inch sewer line was to be installed in a cofferdam not obstructing more than one-half of the stream at a given time.  Instead, the contractor (WC Spratt) installed three (3) 36-inch culverts and covered the culverts with earthen material to construct a roadway to access the area to install the sewer line.  The contractor has agreed to a civil charge in the amount of $8,000.00, and the City triple permit fees, in lieu of further enforcement action.


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