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COMMISSION ACTIONS MAY 2010

The following are the agenda items from the Commission's regular meeting held May 25, 2010 at Commission headquarters.  The Commission's actions are in bold.

*** APPROVAL OF AGENDA.  THE AGENDA WAS APPROVED UNANIMOUSLY AFTER ITEM 6 (DEPARTMENT OF THE NAVY) WAS PULLED AT THE APPLICANT'S REQUEST AND THE SUBSTITUTION IN ITS PLACE OF A BRIEFING ON OFF-SHORE WIND ENERGY OPPORTUNITIES, AS WELL AS THE ADDITION TO THE AGENDA OF A REQUEST FOR AN EMERGENCY REGULATION PERTAINING TO THE BLUE CRAB SANCTUARY.
[Agenda]

1.  MINUTES of previous meeting.  APPROVED UNANIMOUSLY, WITH ALL NINE COMMISSIONERS PRESENT. 
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THESE SO-CALLED PAGE 2 PROJECTS, DELINEATED BELOW IN DETAIL, WERE APPROVED UNANIMOUSLY.
[Audio Item 2]

3.  CONSENT AGENDA ITEMS.   THE COMMISSION UNANIMOUSLY APPROVED A CONSENT AGENDA ITEM, DELINEATED BELOW IN DETAIL AS ITEM 3A.  [Audio Item 3]

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  NONE REQUIRED.

5.  JOHN KLOKE, #10-0150, requests authorization to construct a 29 foot wide by 59 foot long open sided boathouse near the channelward end of his existing private, noncommercial, open pile pier situated along Queens Creek at 451 Queens Creek Road in Mathews County.  The project is protested by several nearby property owners.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT, CONTINGENT ON APPLICANT SUBMITTAL ON PROOF OF PURCHASE OF A BOAT LARGE ENOUGH TO JUSTIFY THIS LARGE BOATHOUSE, IN KEEPING WITH THE RECOMMENDATION OF STAFF.
[Audio Item 5]

6.  DEPARTMENT OF THE NAVY, #09-0358, requests after-the-fact authorization for the replacement of approximately 300 linear feet of their CEP-102 and CEP-111 bulkheads located on the south side of Pier 1 at Naval Station Norfolk, situated along Hampton Roads in the City of Norfolk.  The proposed project also calls for the installation of approximately 300 linear feet of riprap bulkhead toe stabilization overlain by articulated concrete mats extending a maximum of 47 feet channelward of the adjacent bulkheads.  CONTINUED UNTIL A FUTURE COMMISSION MEETING AT THE REQUEST OF THE NAVY.

SUBSTITUTE AGENDA ITEM 6.  OFF-SHORE WIND ENERGY:  DEPUTY HABITAT CHIEF TONY WATKINSON BRIEFED THE COMMISSION ON THE OPPORTUNITIES FOR OFF-SHORE WIND ENERGY PROJECTS IN VIRGINIA, AND DETAILED THE WORK STAFF HAS DONE SO FAR ON THE SUBJECT. 
[Audio Item 6]

7.  PUBLIC COMMENTS.  ELLIS JAMES OF NORFOLK SUGGESTED THE COMMISSION TO PREPARE FOR THE POTENTIAL ARRIVAL ON VIRGINIA SHORES OF TOXIC CHEMICAL DISPERSANTS USED IN THE GULF COAST OIL RIG DISASTER.
[Audio Item 7]

8.  PUBLIC HEARING:  Consideration of final blue crab regulations, including closure of the crab dredge fishery for the 2010/2011 season, continuation of the crabbing license sales moratorium, and repeal of the prohibition on the harvest of dark sponge crabs from July 1-July 15.  THE COMMISSION UNANIMOUSLY APPROVED A THIRD YEAR OF REGULATIONS TO REBUILD THE BLUE CRAB STOCK, INCLUDING CLOSURE OF THE WINTER DREDGE FISHERY FOR ANOTHER YEAR AND CONTINUING THE MORATORIUM ON THE SALE OF NEW COMMERCIAL CRAB LICENSES.  ONE REGULATION CHANGE ALLOWS WATERMEN TO KEEP DARK SPONGE CRABS AS OF JULY 1, INSTEAD OF JULY 15.  FISHERIES CHIEF JACK TRAVELSTEAD NOTED THAT THE BAY-WIDE CRAB POPULATION HAS DOUBLED SINCE THE REBUILDING PROGRAM BEGAN TWO YEARS AGO, ANNUAL HARVESTS HAVE INCREASED, AND THE DOCKSIDE VALUE OF THE HARVESTED CRABS HAS NEARLY DOUBLED.
[Audio Item 8]

9.  BLACK SEA BASS:  Request for public hearing to consider amendments to Regulation 4VAC20-950-10 et seq. that would revise the closed season for the recreational black sea bass fishery.  THE COMMISSION UNANIMOUSLY APPROVED A PUBLIC HEARING NEXT MONTH TO CONSIDER ADOPTION OF AN EXPANDED RECREATIONAL BLACK SEA BASS SEASON, FROM MAY 22 TO OCT. 11 AND FROM NOV. 1 TO DEC. 31, DUE TO A LARGER QUOTA ESTABLISHED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.
[Audio Item 9]

10. BLUEFISH:  Request for a June Public Hearing to establish the 2010 commercial bluefish quota, as part of Regulation 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish."  THE COMMISSION UNANIMOUSLY APPROVED A PUBLIC HEARING NEXT MONTH TO CONSIDER ADOPTION OF AN EXPANDED COMMERCIAL BLUEFISH HARVEST QUOTA, AS AUTHORIZED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.
[Audio Item 10]

11.  REQUEST:  Approval for the Conservation and Replenishment Program and the Chesapeake Bay Foundation to place reef balls for oyster reef restoration on Palaces Bar reef in the Piankatank River and at a site in the Lafayette River near the Hermitage Museum in Norfolk.  THE COMMISSION UNANIMOUSLY APPROVED A JOINT PROJECT WITH THE CHESAPEAKE BAY FOUNDATION TO PLACE SMALL REEF BALLS AT THESE TWO SITES. 
[Audio Item 11]

12.  REPEAT OFFENDERS:  NOT NECESSARY AT THIS MEETING.

SUBSTITUTE 12. BLUE CRAB SANCTUARY:  Approval of an emergency regulation to make technical changes to some boundary markings of the blue crab sanctuary.  THE COMMISSION UNANIMOUSLY APPROVED AN EMERGENCY MEASURE TO MAKE CHANGES IN REGULATIONS THAT DELINEATE THE BOUNDARIES OF THE BLUE CRAB SANCTUARY.
[Audio Item 12]

THE FOLLOWING SO-CALLED PAGE 2 ITEMS, WHICH ARE PROJECTS OVER $50,000 WITH NO OBJECTIONS AND STAFF RECOMMENDATIONS FOR APPROVAL, WERE APPROVED UNANIMOUSLY:

2A.  FAIRFAX COUNTY PARK AUTHORITY, #10-0203, requests authorization to restore approximately 852 linear feet of Big Rocky Run utilizing rock structures, rock cross vanes, and J hook rock vanes within Ellanor C. Lawrence Park in Fairfax County.

2B.  POTOMAC & WESTMORELAND SHORES CIVIC CORP., #10-0546, requests authorization to modify and existing approved community pier by adding a 6-foot long by 3-foot wide catwalk and two (2) additional mooring piles to support two (2) PWC lifts adjacent to property at Lot 25A Blk A Section 3 Westmoreland Shores Subdivision situated along Monroe Bay in Westmoreland County.  Staff recommends the assessment of a royalty in the amount of $108.00 for the additional encroachment of 72 square feet of State-owned subaqueous land at a rate of $1.50 per square foot.

2C.  PITTSYLVANIA COUNTY SERVICE AUTHORITY, #10-0413, requests authorization to install approximately 40 linear feet of new 10 inch water main a minimum of 3 feet beneath the stream bed of Dry Fork Creek, associated with the Dry Fork Creek Waterline Extension project in Pittsylvania County.  The new waterline will be installed by the directional bore method.

2D.  ROBERT S. GOLLAHON, #10-0361, requests authorization to install approximately 90 linear feet of new 18 inch sanitary sewer line a minimum of 3 feet beneath the stream bed of Potomac Creek associated with Central Stafford Commerce Center project in Stafford County.  The new sanitary sewer line will be installed by the directional bore method.  Staff recommends the assessment of a royalty in the amount of $270.00 for the encroachment of 90 linear feet of State owned subaqueous land at a rate of $3.00 per linear foot.

2E.  SPOTSYLVANIA COUNTY DEPARTMENT OF PUBLIC UTILITIES, #10-0291, requests authorization to construct a total of 350 linear feet (Reach A) of riprap revetment extending a maximum of 6 feet channelward of ordinary high water, and to construct 150 linear feet (Reach B) of riprap revetment extending a maximum of 16 feet channelward of ordinary high water in Massaponax Creek, associated with the Massaponax Interceptor Replacement Phase 2 Stream Stabilization project in Spotsylvania County. 

2F.  WASHINGTON COUNTY SERVICE AUTHORITY, #10-0400, requests authorization to construct a 12 MGD raw water intake, previously authorized by VMRC Permits #91-0420 & #02-1007, in the original streambed of the South Fork Holston River Reservoir near its confluence with the Middle Fork Holston River in Washington County.  The intake structure will be a submerged 10-foot wide by 57-foot long concrete channel equipped with six (6) passive drum screens (1-mm mesh openings) and operated with a 0.25 fps maximum approach velocity.  Recommend approval contingent on our standard instream permit conditions and a requirement that the intake structure shall be marked in accordance with TVA regulations to minimize navigation impacts.

2G.  CITY OF LYNCHBURG, #08-2207, requests a modification to their previously authorized permit, to now replace the existing Florida Avenue Bridge with a new 26-foot, 2-inch wide span bridge crossing over 19 linear feet of Fishing Creek in the City of Lynchburg.  The proposed modification increases the width of the bridge to accommodate a sidewalk for pedestrian traffic.

2H.  CITY OF ROANOKE, #09-1780, requests authorization to install approximately 120 linear feet of riprap stream bank stabilization alongside the Tinker Creek Greenway trail crossing beneath an existing railroad trestle along Tinker Creek at its confluence with the Roanoke River, and to construct a 14-foot wide by 240-foot long pedestrian bridge, crossing over the Roanoke River immediately upstream of Tinker Creek, in order to connect the Tinker Creek and Roanoke River Greenway trails in the City of Roanoke.  The proposed project also calls for the temporary installation of a solid-fill construction causeway extending approximately 110 feet into the Roanoke River, to facilitate the construction of the proposed pedestrian bridge.  Staff recommends the inclusion of the standard in-stream conditions, and a condition which requires the removal of the construction causeway within 60 days of the completion of bridge construction.

THE FOLLOWING CONSENT PAGE 3 ITEM WAS APPROVED UNANIMOUSLY:

3A.  JOHN D. MUNFORD, II, #10-0332, requests after the fact authorization to retain the existing 30 foot by 17.5 foot enclosed (two sides) private boathouse located directly adjacent to the existing bulkhead protecting 600 55th Street, situated along Crystal Lake in Virginia Beach.  Mr. Munford also seeks authorization to install and backfill 93 linear feet of replacement timber bulkhead, aligned a maximum of one foot channelward of the existing structure.  Staff recommends a royalty for the proposed bulkhead of $54.00 for the filling of 54 square feet of State owned submerged bottom at a rate of $1.00 per square foot.  Staff does not recommend a civil charge or triple permit fees be assessed for the enclosed boathouse since it existed at the property when it was purchased by Mr. Munford, and because of the length of time the structure previously existed at the site. 




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