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COMMISSION ACTIONS FEBRUARY 28, 2012

** APPROVAL OF AGENDA. THE COMMISSION APPROVED THE AGENDA 8-0. ASSOCIATE COMMISSIONER ED TANKARD WAS ABSENT FROM THE MEETING.
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1.  MINUTES of previous meeting.  THE COMMISSION APPROVED THE MINUTES OF THE JANUARY MEETING 6-0-2 WITH ASSOCIATE COMMISSIONERS RICK ROBINS AND BRYAN PLUMLEE ABSTAINING.
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2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).  THESE THREE SO-CALLED PAGE 2 ITEMS, DELINEATED BELOW IN DETAIL, WERE APPROVED 8-0.
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3.  CONSENT AGENDA ITEMSNONE.
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4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. NONE.

5. LAWRENCE GREY, #11-1518, requests authorization to construct a 285 linear foot riprap revetment channelward of an eroding bluff extending ten (10) feet over jurisdictional beach, adjacent to his property situated along the James River at 13901 Weyanoke Road in Charles City County. A Coastal Primary Sand Dunes and Beaches permit is required. THE COMMISSION APPROVED THE APPLICATION 8-0, IN KEEPING WITH STAFF RECOMMENDATIONS.
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6. SHOANSY PRESERVATION SOCIETY, #11 1146, requests after-the-fact authorization to retain 162 linear feet of open-pile pier, two (2) uncovered boatlifts, and additional authorization to construct a 30-foot long by 20-foot wide (600 square feet) open-sided boathouse over one of the lifts at an existing community pier on Stampers Bay of the Piankatank River at the end of Shoansy Lane in Middlesex County. THE COMMISSION APPROVED THE AFTER-THE-FACT APPLICATION 8-0, WITH A $1,800 CIVIL CHARGE AGAINST THE CONTRACTOR IN LIEU OF ADDITIONAL ENFORCEMENT ACTION AND TRIPLE PERMIT FEES. ALSO, THE COMMISSION ASSESSED A ROYALTY OF $5,379 FOR THE USE OF STATE-OWNED WATER BOTTOM, AT $1.50 PER SQUARE FOOT. LASTLY, THE COMMISSION ISSUED THE PERMIT IN THE NAME OF JANE HADDON, BUT AGREED TO ALLOW THE PERMIT TO BE TRANSFERRED IF THE COMMUNITY INCORPORATES IN A LEGALLY RECOGNIZED ENTITY.
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7. TUCKER'S BOAT RENTAL & STORAGE, LLC, #12-0021, requests authorization to construct a replacement concrete boat ramp, two (2) timber jetties, a new downriver tending pier and three (3) low-profile timber groins at their existing boat rental facility situated along the York River in King & Queen County. Both Coastal Primary Dune and Beaches and Subaqueous Lands Permits are required. THE COMMISSION APPROVED THE APPLICATION 7-0, IN KEEPING WITH STAFF RECOMMENDATIONS.
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8. ARCHIE AND SHEILA BATCHELOR, #11-1757, request authorization to construct 206 linear feet of timber bulkhead, up to two (2) feet channelward of an existing, failing bulkhead, landward of mean low water, along their shorefront beach property situated adjacent to the James River at 810 Jordan Point Road in Prince George County. The project requires a Coastal Primary Sand Dunes and Beaches permit. THE COMMISSION APPROVED THE APPLICATION 7-0, IN KEEPING WITH STAFF RECOMMENDATIONS.
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9. TIM McCULLOCH, #2011-088, requests authorization to lease up to 27 acres of oyster planting ground within The Thorofare, in York County. The application is protested by an adjacent oyster ground leaseholder, who has also applied for a portion of the same area (Gregory and Elizabeth Garrett, #2011-117). THE COMMISSION VOTED 8-0 TO APPROVE THE APPLICATION TO LEASE 27 ACRES OF OYSTER PLANTING GROUND FOR A LARGE-SCALE SHELLFISH AQUACULTURE OPERATION, IN KEEPING WITH STAFF RECOMMENDATIONS.
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10. PUBLIC COMMENTS. AT THE REQUEST OF A COMMERCIAL WATERMAN, THE COMMISSION VOTED 8-0 TO APPROVE AN EMERGENCY REGULATION THAT ALLOWS COMMERCIAL FLOUNDER FISHERMEN TO POSSESS THE VIRGINIA POSSESSION LIMIT AND THE NORTH CAROLINA POSSESSION LIMIT AT THE SAME TIME WHEN THE SEASONS IN BOTH STATES ARE OPEN AT THE SAME TIME. A PUBLIC HEARING AND A VOTE WILL BE HELD NEXT MONTH TO FINALIZE THE EMERGENCY REGULATION.
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11. PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-620-10 et seq., "Pertaining to Summer Flounder," to establish the 2012 recreational fishery management measures. IN KEEPING WITH STAFF RECOMMENDATIONS, THE COMMISSION VOTED 7-1, WITH ASSOCIATE COMMISSIONER BILL LAINE VOTING NO, TO AGAIN LOWER THE RECREATIONAL SIZE LIMIT FOR FLOUNDER, DOWN TO 16.5 INCHES WITH A DAILY POSSESSION LIMIT OF FOUR FISH. THE LOWER SIZE LIMIT WILL ALLOW ANGLERS TO KEEP MORE FISH THAT THEY CATCH, AND WAS MADE POSSIBLE BY AN INCREASED QUOTA ALLOCATION TO VIRGINIA BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION. THE 2011 LIMIT WAS 17.5 INCHES WITH A FIVE FISH POSSESSION LIMIT. THIS IS THE THIRD YEAR IN A ROW THE COMMISSION HAS LOWERED THE RECREATIONAL FLOUNDER SIZE LIMIT.
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12. PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-900 et seq., "Pertaining to Horseshoe Crabs" to establish the 2012 commercial quota and allocations to each gear type.  THE COMMISSION VOTED 7-0 TO ESTABLISH THE 2012 COMMERCIAL HORSESHOE CRAB QUOTA AND TO ALLOCATE THE QUOTA BY GEAR TYPE, AND RESTRICTED THE HARVEST OF HORSESHOE CRABS BY GILL NET TO DAYLIGHT HOURS WITH A DAILY LIMIT OF 250 HORSESHOE CRABS, IN KEEPING WITH STAFF RECOMMENDATIONS.  ASSOCIATE COMMISSIONER RICK ROBINS ABSTAINED FROM THE DISCUSSIONS AND THE VOTE.
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13. PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-910-10 et seq., "Pertaining to Scup (Porgy)," to establish a 50,000 pound trip limit for the commercial winter fishery. THE COMMISSION VOTED 6-0 TO ESTABLISH A 50,000 POUND COMMERCIAL SCUP WINTER TRIP LIMIT, IN KEEPING WITH STAFF RECOMMENDATION.
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14. PUBLIC HEARING:  Proposed amendments to Regulation 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass," to establish the 2012 commercial directed and by-catch quotas. THE COMMISSION VOTED 6-0 TO ESTABLISH THE 2012 COMMERCIAL QUOTA FOR BLACK SEA BASS, IN KEEPING WITH STAFF RECOMMENDATIONS.
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15. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-1240-10 et seq.,"Fishermen Identification Program," to clarify conditions for which a registration in the program is necessary. THE COMMISSION VOTED 6-0 TO APPROVE A TECHNICAL AMENDMENT TO THE FISHERMEN IDENTIFICATION PROGRAM REGULATION, SPECIFYING THAT LICENSE-EXEMPT ANGLERS MUST REGISTER WHEN FISHING IN TIDAL WATERS OR ATTEMPTING TO CATCH A FISH IN TIDAL WATERS.
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16. APPROVAL OF THE 2012 OYSTER RESTORATION PROGRAM AND ITS PROCUREMENT PROCEDURES. THE COMMISSION VOTED 7-0 TO APPROVE THE 2012 OYSTER RESTORATION PROGRAM'S PROCUREMENT PROCEDURES.
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17. REQUEST FOR PUBLIC HEARING: Amendments to Regulation 4VAC20-1250-10 et seq., "Pertaining to the Tagging of Shellfish," to clarify and improve enforcement of the tagging requirements. THE COMMISSION VOTED 6-0 TO ADVERTISE FOR A PUBLIC HEARING AND VOTE AT ITS MARCH MEETING TO CLARIFY SHELLFISH TAGGING REQUIREMENTS.
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18. REQUEST FOR PUBLIC HEARING: Amendments to Regulation 4VAC20-1260-10 et seq., "Pertaining to River Herring" to exempt the possession of river herring on freshwater impoundments from the moratorium. THE COMMISSION VOTE 8-0 TO APPROVE AN EMERGENCY REGULATION TO OVERHAUL THE STATE'S RIVER HERRING MORATORIUM TO ALLOW THE POSSESSION OF OUT-OF-STATE OR OUT-OF-COUNTRY RIVER HERRING AND RIVER HERRING PRODUCTS, AS WELL AS HERRING TAKEN FROM VIRGINIA'S FRESHWATER LAKES OR FRESHWATER IMPOUNDMENTS. THE MORATORIUM ON CATCHING OR LANDING RIVER HERRING IN STATE TIDAL WATERS REMAINS, AS REQUIRED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.
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19. REQUEST FOR PUBLIC HEARING: Amendments to regulation 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass," to establish the 2012 recreational fishing season. THE COMMISSION VOTED 6-0 TO ADVERTISE FOR A PUBLIC HEARING AND VOTE AT ITS MARCH MEETING TO ESTABLISH THE 2012 RECREATIONAL BLACK SEA BASS SEASON.
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THE FOLLOWING SO-CALLED PAGE TWO ITEMS (PROJECTS OVER $500,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WERE APPROVED 8-0:

2A. MANASSAS REGIONAL AIRPORT, #09-1612, requests authorization to expand two existing bridges over Broad Run, associated with the expansion of Runway 16L/34R, resulting in approximately 7,740 square feet of encroachment for a 144 linear foot extension on the east side of the bridge and a 104 linear foot extension on the west side of the bridge and for Taxiway B, resulting in approximately 1,140 square feet of encroachment, for a 21 linear foot extension on the east side of the bridge and a 17 linear foot extension on the west side of the bridge, to repair and replace existing Class II and Class III riprap as needed along approximately 1,300 linear feet of stream channel, to construct temporary cofferdams for working in the dry, and to install a temporary 80 linear foot by 15 linear foot clear span bridge in Prince William County. 

2B. MEADWESTVACO VIRGINIA CORPORATION, #11-1750, requests authorization to construct a single span bridge measuring approximately 180-feet long by 34-feet wide crossing 108 linear feet of the Jackson River in the City of Covington as part of a proposed biomass-fueled power generation facility. The proposed two-lane bridge will include a pedestrian walkway to one side, and above which, a two-level utility bridge will be constructed. No instream work is required for the bridge installation. Staff recommends approval with a royalty of $7,344.00 for the encroachment over 3,672 square feet of State-owned submerged land at a rate of $2.00 per square foot.

2C. VIRGINIA ELECTRIC & POWER COMPANY, #12-0092, requests authorization to make repairs and replace approximately 95 linear feet of 24-inch pipeline along the existing Plains Marketing L. P. Yorktown Pier to refurbish and return to service Dominion Electric Power's Pipeline 150 at their Yorktown Oil Terminal along the York River in York County. Recommend approval with an encroachment royalty of $285.00 for the encroachment of the new pipeline over 95 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot.

THERE WERE NO PAGE THREE CONSENT AGENDA ITEMS.


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