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COMMISSION ACTIONS APRIL 22, 2014

** APPROVAL OF AGENDA.  THE AGENDA WAS UNANIMOUSLY APPROVED WITH THE DELETION OF ITEMS 6 AND 12.
[Audio Agenda]

1.  MINUTES of previous meeting.  THE MINUTES OF THE MARCH MEETING WERE UNANIMOUSLY APPROVED AS WRITTEN.
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2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).  THE SO-CALLED PAGE 2 ITEM, DELINEATED BELOW AS 2A. 2B, 2C, AND 2D WERE UNANIMOUSLY APPROVED.
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3.  CONSENT AGENDA ITEMSNONE.
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4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  NONE.
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5.  JAMES HILL, #14-0293, requests authorization to construct approximately 71 linear feet of riprap revetment adjacent to his property at 823 Falls Creek Drive situated along a manmade canal to the Southern Branch of the Elizabeth River in Chesapeake.  The project requires a wetland permit.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT, IN KEEPING WITH STAFF RECOMMENDATION, CONDITIONED UPON THE PURCHASE OF 120 SQUARE FEET OF WETLANDS CREDITS FROM THE LIBERTYVILLE MITIGATION BANK IN CHESAPEAKE. 
[Audio Item 5]

6.  MARSHALL B. COX, SR., #13-087S, requests authorization to lease approximately 6.23 acres of Oyster Planting Ground situated in The Gulf, north of Smith Beach, Northampton County.  The application is protested.  THIS ITEM WAS PULLED FROM THE AGENDA BASED UPON THE APPLICANT’S WITHDRAWAL OF HIS LEASE APPLICATION.
[Audio Agenda]

7.  PUBLIC HEARING: ARLINGTON PLANTATION HOMEOWNER’S ASSOCIATION, INC., requests a permanent extension to the 47.15 acres of oyster planting ground set-aside area at the mouth of Old Plantation Creek.  The area was originally set-aside for ten (10) years by the Commission on February 24, 2004, due to submerged aquatic vegetation in the area.  THE COMMISSION VOTED 6 TO 2 (WITH COMMISSIONERS A.J. ERSKINE AND LYNN HAYNIE OPPOSED) TO SET ASIDE FROM OYSTER GROUND LEASING, THE 47.15 ACRES AT THE MOUTH OF OLD PLANTATION CREEK FOR AN ADDITIONAL TEN (10) YEAR PERIOD AS RECOMMENDED BY STAFF.  THE SET ASIDE WAS BASED ON THE PRESENCE OF SUBMERGED AQUATIC VEGETATION IN THE AREA, THE SMALL MIGRATING CHANNEL AND THE POSSIBLE LONG TERM CHANGES TO THE AREA. 
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8.  PUBLIC COMMENT. MR. ELLIS JAMES SPOKE REGARDING A CONCERN OVER THE KILLING OF SHARKS AND THE IMPACT IT MAY HAVE ON COWNOSE RAY POPULATIONS.  HE ALSO SPOKE ON THE IMPORTANCE OF SUBMERGED AQUATIC VEGETATION. MR. KENNY HEATH REQUESTED THE COMMISSION INVESTIGATE THE LENGTH AND SPACING OF CERTAIN FIXED FISHING DEVICES RELATIVE TO § 28.2-307 OF THE VIRGINIA CODE.
[Audio Item 8]

9.  UNLAWFUL TAKING OF OYSTERS OFFENDERS.  THE COMMISSION UNANIMOUSLY VOTED TO REVOKE ALL FISHING LICENSES OF A COMMERCIAL WATERMAN FOR A PERIOD OF TWO YEARS FROM THE DATE OF HIS CONVICTION INVOLVING THE ILLEGAL HARVESTING OYSTERS FROM AN OYSTER SANCTUARY AREA IN THE JAMES RIVER.
[Audio Item 9]

10.  MID-ATLANTIC REGIONAL PLANNING BODY:  Laura McKay of the Virginia Department of Environmental Quality and Jay O’Dell will brief the Commission on mapping being done on important offshore recreation and commercial fish resources as part of the Mid-Atlantic Regional Planning body’s work on regional marine planning in a non-regulatory, cooperative effort to identify regional goals and objectives in marine planning. THE COMMISSION RECEIVED PRESENTATIONS FROM LAURA McKAY AND JAY O’DELL CONCERNING OCEAN MAPPING AND PLANNING ACTIVITIES ASSOCIATED WITH MID-ATLANTIC REGIONAL PLANNING BODY WHICH WAS FORMED IN 2013 TO COORDINATE AND IMPLEMENT RESPONSIBLE OCEAN PLANNING USES.  IT IS A PLANNING BODY ONLY AND INCLUDES REPRESENTATIVES FROM SIX MID-ATLANTIC STATES (NY, NJ, PA, DE, MD AND VA), THE SHINNECOCK INDIAN NATION, THE MID-ATLANTIC FISHERIES MANAGEMENT COUNCIL AND EIGHT FEDERAL AGENCIES.
[Audio Item 10]

11.  FAILURE TO REPORT:  Cases involving failure to report commercial harvest, in accordance with Chapter 4VAC20-610-10 et seq., “Pertaining to Commercial Fishing and Mandatory Harvest Reporting.” THE COMMISSION HEARD FOUR CASES INVOLVING FAILURE TO REPORT COMMERCIAL HARVEST.  THE COMMISSION UNANIMOUSLY VOTED TO REVOKE THE LICENSE OF ONE INDIVIDUAL FOR A PERIOD OF 6 MONTHS, AND TO PLACE TWO INDIVIDUALS ON PROBATION FOR A PERIOD OF TWO YEARS.  THE COMMISSION CHOSE TO CONTINUE THE LICENSE SUSPENSION OF ONE INDIVIDUAL UNTIL THAT INDIVIDUAL APPEARS BEFORE THE COMMISSION.
[Audio Item 11]

12.  FORMAL HEARING:  Concerning ineligibility to obtain horseshoe crab pound net permits (Arthur Peter Bender); a Class B Horseshoe Crab Dredge Permit (Arthur Peter Bender); and, a Class A Horseshoe Crab Dredge Permit (Edward Bender).  THIS ITEM WAS PULLED FROM THE AGENDA BASED ON MR. ARTHUR PETER BENDER WITHDRAWING HIS REQUEST FOR A FORMAL HEARING AND MR. EDWARD BENDER’S REQUEST TO HAVE HIS FORMAL HEARING CONTINUED TO THE MAY COMMISSION HEARING.
[Audio Agenda | Audio Item 12]

13.  PUBLIC HEARING: Proposed amendments to Chapter 4VAC20-950-10 et seq., “Pertaining to Black Sea Bass” to establish the 2014 recreational season and possession limit for black sea bass.  THE COMMISSION VOTED UNANIMOUSLY TO ESTABLISH THE 2014 RECREATIONAL SEASON FOR BLACK SEA BASS AS MAY 19 THROUGH SEPTEMBER 18 AND OCTOBER 18 THROUGH DECEMBER 31, AND TO ESTABLISH THE POSSESSION LIMIT FOR BLACK SEA BASS AS 15 FISH.  THE MINIMUM LANDING SIZE REMAINS AT 12.5 INCHES TOTAL LENGTH. 
[Audio Item 13]

14.  PUBLIC HEARING:  Proposed amendments to Chapter 4VAC20-1230-10 et seq. “Pertaining to Restrictions on Shellfish” to amend public and private warm-water shellfish management measures.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE AMENDMENTS TO CHAPTER 4VAC20-1230-10 ET SEQ. “PERTAINING TO RESTRICTIONS ON SHELLFISH”.  THE REGULATION WAS REORGANIZED FOR BETTER UNDERSTANDING AND CLARIFICATION ON PUBLIC AND PRIVATE WARM-WATER SHELLFISH MANAGEMENT MEASURES. 
[Audio Item 14]

15.  REQUEST FOR MAY PUBLIC HEARING:  Request to establish the Summer Period commercial Quota, as 14,105 pound for SCUP.  THE COMMISSION APPROVED THE REQUEST FOR PUBLIC HEARING TO ESTABLISH THE SUMMER PERIOD COMMERCIAL QUOTA FOR SCUP AT THE MAY 27, 2014 COMMISSION MEETING.
[Audio Item 15]

16.  REQUEST FOR PUBLIC HEARING:  Amendments to Chapter 4VAC20-490-10 et seq. “Pertaining to Sharks” to increase Virginia’s commercial spiny dogfish seasonal quota from 4,408,894 pounds to 5,329,491 pounds.  THE COMMISSION APPROVED THE REQUEST FOR PUBLIC HEARING TO AMEND CHAPTER 4VAC20-490-10 ET SEQ. “PERTAINING TO SHARKS” AT THE MAY 27, 2014 COMMISSION MEETING. 
[Audio Item 16]

THE FOLLOWING SO-CALLED PAGE TWO ITEMS (PROJECTS OVER $500,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WERE APPROVED UNANIMOUSLY:

2A.  CHESAPEAKE LANDING HOME OWNERS ASSN., #14-0197, requests authorization to install two (2) 46-foot wide breakwaters measuring 230 linear feet and 130 linear feet and extending a maximum of 120 feet channelward of mean low water, install a 75 linear foot sill, and place 1,333 cubic yards of clean sand as beach nourishment upon State-owned subaqueous bottom along the Chesapeake Bay Shoreline adjacent to the Chesapeake Landing development adjacent to Thimble Shores Court in the City of Hampton.  Staff recommends approval of the project with a royalty assessment of $900.00 for the placement of fill as beach nourishment upon 18,000 square feet of State-owned subaqueous bottom at a rate of $0.05 per square foot. 

2B.  NEWPORT NEWS DEPARTMENT OF ENGINEERING, #14-0130, requests authorization to replace the existing James River Fishing Pier with a 24-foot by 32-foot deck channelward of mean low water, a 12-foot wide open pile pier extending 1,190 feet channelward of the proposed deck and install a 12-foot by 40-foot floating dock with associated 30-foot long gangway for boat access along the James River upstream and adjacent to the Rat 17 James River Bridge in the City of Newport News.  Staff recommends approval of the project with a time-of-year restriction of March 15 through June 30 to protect anadromous fish and adherence to a VDOT-approved monitoring plan to prevent damage from pile driving operations to the James River Bridge.

2C.  CORMAN-WAGMAN A JOINT VENTURE, #13-1539,
requests authorization to remove an existing bridge crossing and to replace with a 51.5-foot wide bridge and to construct a second 58.5-foot wide bridge crossing over a total of 114 linear feet of Accotink Creek, including the use of temporary cofferdams associated with the widening of U.S. Route 1 between Telegraph Road and Mount Vernon Memorial Highway in Fairfax County.  All construction will adhere to a time of year restriction from February 15 to June 30 of any year protective of anadromous fish in addition to standard conditions for erosion and sediment control and instream construction.  This project is a design build project for the Federal Highway Administration (FHWA), Eastern Federal Lands Highway Division (EFLHD), and Virginia Department of Transportation (VDOT), and all permits will be transferred to FHWA, EFLHD, and VDOT upon completion of the project.

2D.  DEPARTMENT OF THE ARMY, #13-1912,
requests authorization to remove an existing pier and pile clusters and install a 17-foot by 395-foot pier with a 17-foot by 196-foot T-head and eight (8) wet slips, a 10-foot by 10-foot utility platform, and a 196-foot wave screen using existing pilings in Gunston Cove adjacent to Wilson Road in Fairfax County.  All instream construction work will adhere to a time-of-year restriction from February 15 to May 14 of any year with all instream work from May 15 to June 30 of any year requiring the use of a bubble curtain protective of anadromous fishes.  All in stream construction work will also adhere to standard conditions for erosion and sediment control.


PAGE THREE CONSENT AGENDA ITEM:

NONE.


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