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COMMISSION ACTIONS NOVEMBER 2009

The following are the agenda items from the Commission's regular meeting held November 24, 2009 at Commission headquarters.  The Commission's actions are in bold.


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APPROVAL OF AGENDA.  APPROVED AS MODIFIED BY A VOTE OF 8-0. ITEM #10 WAS CONTINUED UNTIL THE JAN. 26, 2010 COMMISSION MEETING.  ALL NINE COMMISSIONERS WERE PRESENT AT THE MEETING, BUT ASSOCIATE COMMISSIONER HOLLAND ARRIVED DURING ITEM #2.
[Audio Agenda]

1.  MINUTES of previous meeting.  APPROVED AS MODIFIED BY A VOTE OF 8-0.
[Audio Item 1]

2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). THESE NINE SO-CALLED PAGE TWO ITEMS, DELINEATED BELOW IN DETAIL, WERE UNANIMOUSLY APPROVED (9-0) AS RECOMMENDED BY STAFF. 
[Audio Items 2]

3.  CONSENT AGENDA ITEMS:  NONE.

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

5.  CHESTER A. VAUGHAN, #09-1116. Commission review of the New Kent County Wetland Board's October 1, 2009, decision to approve the construction of 88 linear feet of timber bulkhead with riprap scour protection at property situated along the York River.  THE COMMISSION VOTED UNANIMOUSLY (9-0) TO OVERTURN THE DECISION OF THE NEW KENT COUNTY WETLANDS BOARD, AS RECOMMENDED BY STAFF, FINDING THAT THE BOARD'S DECISION DID NOT COMPLY WITH THE STANDARDS AND GUIDELINES OF THE COASTAL PRIMARY SAND DUNES AND BEACHES ORDINANCE. 
[Audio Item 5]

6.  TIMBERNECK, LLC, #09-1282, requests authorization to construct a 10-foot wide by 273-foot long floating community-use pier with 20 wetslips, three (3) riprap breakwaters totaling 470 linear feet with 543 cubic yards of sandy material placed landward of the breakwaters, as beach nourishment and to place 2000 cubic yards of oyster shells on approximately 62,300 square feet of State-owned submerged land to create an oyster reef channelward of one of the breakwaters adjacent to their subdivision situated along Timberneck and Cedarbush Creeks in Gloucester County.  The project is protested by a nearby property owner.  THE COMMISSION VOTED UNANIMOUSLY (9-0) TO APPROVE THE PROJECT, AS RECOMMENDED BY STAFF. 
[Audio Item 6]

7.  RICHARD ZWEIFLER, #08-2241, requests authorization to construct a 14-foot by 24-foot open-sided boathouse over the boatlift at the existing private, non-commercial pier serving 976 Hurds Road in the Quail Run subdivision, situated along a cove tributary to the Eastern Branch of the Lynnhaven River in Virginia Beach.  The project is protested by an adjoining property owner and another neighbor.  THE COMMISSION VOTED UNANIMOUSLY (9-0) TO APPROVE THE PROJECT AS PROPOSED. 
[Audio Item 7]

8.  COLES POINT TAVERN LLC, #09-0116, seeks after-the-fact authorization to retain a 110-foot long by 10.5-foot wide deck with a 30-foot long by 10.75-foot wide roof attached to existing building, and a 115-foot long by 6-foot wide pier constructed below the 110-foot deck adjacent to property at Coles Point Tavern situated on the Potomac River appurtenant to the shore of Westmoreland County.  Project is protested by several nearby property owners.  THE COMMISSION VOTED 5-4 TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.  VOTING NO WERE ASSOCIATE COMMISSIONERS BOWDEN, ROBINS, TANKARD AND LAINE.
[Audio Item 8]

9.  MARK CROSSLAND, #09-0548, requests after-the-fact authorization to retain a 448 square foot, flat-roofed boathouse, an 18-foot by 26-foot L-head and a 41-foot by 15-foot deck (1,085 square feet of deck) adjacent to his property at 18336 Possum Point Road, situated along Quantico Creek in Prince William County.  Continued from the September 22, 2009, Commission meeting.  THE COMMISSION VOTED UNANIMOUSLY (9-0) TO CONTINUE THIS MATTER UNTIL THEIR DECEMBER 15, 2009 MEETING IN ORDER TO COMPEL THE ATTENDANCE AND HEAR ADDITIONAL TESTIMONY FROM THE CONTRACTORS INVOLVED IN THE CONSTRUCTION OF THE PIER AND BOATHOUSE (MR. BILL CONNER AND MR. ROBERT "BOBBY" DELANEY). 
[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.  THIS MATTER WAS CONTINUED UNTIL THE JAN. 26, 2010 COMMISSION MEETING AT THE REQUEST OF MR. HERR'S COUNSEL (MR. CARL EASON) IN THE HOPE THAT THE PIER WILL BE REMOVED AND THE VIOLATION RESOLVED PRIOR TO THAT DATE.
[Audio Agenda]

11. PUBLIC COMMENTS:  COMMISSIONER BOWMAN PRESENTED ATTORNEY CARL JOSEPHSON, WHO IS RETIRING, WITH A CERTIFICATE OF DISTINGUISHED SERVICE FOR HIS MANY YEARS AS THE COMMISSION'S LEGAL COUNSEL.   ALSO, FISHERIES CHIEF JACK TRAVELSTEAD BRIEFED THE COMMISSION ON THE AGENCY'S SUCCESSFUL CRAB LICENSE BUYBACK PROGRAM, IN WHICH 359 CRAB LICENSES (REPRESENTING 75,441 CRAB POTS) WERE BOUGHT WITH FEDERAL FUNDS AND PERMANENTLY RETIRED.   WATERMAN DOUG JENKINS ASKED THE COMMISSION TO OPEN ALL PUBLIC OYSTER ROCKS TO OYSTERING AND TO OVERTURN THE STAGGERED OPENING DATES PREVIOUSLY ADOPTED.  THE COMMISSION DECLINED.
[Audio Item 11]

12. Public Hearing: Proposal to amend 4 VAC 20-620-10 et seq. "Pertaining to Summer Flounder" to open the late season offshore flounder fishery on the last Monday in November and to reduce the directed fishery landing limit and bycatch fishery landing limit.  THE COMMISSION VOTED 8-0-1, WITH ASSOCIATE COMMISSIONER ROBINS ABSTAINING, TO LOWER THE TRIP LIMITS IN THE DIRECTED COMMERCIAL FLOUNDER FISHERY, AND TO EXTEND THE SEASON WHILE MAINTAINING CURRENT QUOTAS.  THIS BETTER ENABLES INDUSTRY TO SPREAD OUT THE CATCH TO MAXIMIZE MARKET BENEFITS. A PROPOSAL TO CONVERT A PERCENTAGE-BASED FLOUNDER BYCATCH RULE TO TRIP POUNDAGE WAS DEFERRED TO THE JANUARY MEETING.
[Audio Item 12]

13.  Public Hearing: Proposal to amend 4 VAC 20-252-10 et seq. "Pertaining to the Taking of Striped Bass" to reduce the 2010 striped bass quota for the Chesapeake area and change the individual transferable shares penalties to be based on overages in pounds instead of percentages.  THE COMMISSION VOTED 9-0 TO APPROVE A 6.3 PERCENT REDUCTION TO THE 2010 RECREATIONAL AND COMMERCIAL STRIPED BASS HARVEST BECAUSE OF A BIOMASS REDUCTION TO THE STOCK, AND AGREED TO BASE THE PENALTY FOR EXCEEDING COMMERCIAL INDIVIDUAL TRANSFERRABLE QUOTAS ON A POUNDAGE, INSTEAD OF PERCENTAGE, BASIS, EFFECTIVE JAN. 1, 2010.
[Audio Item 13]

14. Public Hearing:  Proposal to amend 4 VAC 20-1190-10 et seq. "Pertaining to Gill Net Control Date, Limited Entry and Transfers" to establish a gill net vessel limit.  THE COMMISSION VOTED 9-0 TO REQUIRE ONLY ONE GILL NET PERMIT PER VESSEL TO BE IN USE AT A TIME, AS RECOMMENDED BY STAFF.
[Audio Item 14]

15. Request for Public Hearing:  to amend 4 VAC 20-900-10 et seq. "Pertaining to Horseshoe Crabs" to modify reporting requirements and reduce 2010 quota in response to 2009 overage.  THIS PUBLIC HEARING WAS APPROVED AS REQUESTED BY STAFF.
[Audio Item 15]

16. Request for Public Hearing: to amend 4 VAC 20-610-10 et seq. "Pertaining to Commercial Fishing and Mandatory Reporting" and 4 VAC 20-670-10 et seq. "Pertaining to Recreational Gear Licenses" to improve the harvest data collection process and implement an improved non-compliance process.  THIS PUBLIC HEARING WAS APPROVED AS REQUESTED BY STAFF.
[Audio Item 16]

17. Request for Public Hearing: to amend 4VAC20-20-10 et seq. "Pertaining to the Licensing of Fixed Fishing Devices" concerning priority rights and fishing requirements.  THIS PUBLIC HEARING WAS APPROVED AS REQUESTED BY STAFF.
[Audio Item 17]

18. Discussion: Conformity issues with spiny dogfish limited entry criteria. THE COMMISSION VOTED 9-0 TO PASS AN EMERGENCY REGULATION EFFECTIVELY IMMEDIATELY TO PROHIBIT THE TRANSFER OF LIMITED ENTRY SPINY DOGFISH PERMITS. STAFF WILL WORK ON A PROPOSAL FOR A NEW LIMITED ENTRY SYSTEM FOR CONSIDERATION BY THE COMMISSION IN THE SPRING.
[Audio Item 18]

19. Discussion: Request of NMFS to require modified leaders in pound nets year-round.  THE COMMISSION DISCUSSED, BUT TOOK NO ACTION, ON A REQUEST BY THE NATIONAL MARINE FISHERIES SERVICE TO REQUIRE MODIFIED LEADERS IN POUND NETS IN SOME AREAS WEST OF THE CHESAPEAKE BAY BRIDGE-TUNNEL YEAR-ROUND.
[Audio Item 19]


THE FOLLOWING SO-CALLED PAGE TWO ITEMS, WHICH WERE SUBJECTED TO A PUBLIC INTEREST REVIEW AND RECEIVED NO OPPOSITION FROM THE PUBLIC, WERE APPROVED UNANIMOUSLY, 8-0:

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

2A. UPPER OCCOQUAN SERVICE AUTHORITY, #09-1242, requests authorization to install 58 linear feet of 42 inch sanitary sewer force main beneath Bull Run and install a 73 foot by 60 foot permanent maintenance vehicle access across Cub Run as part of the UOSA Flat Branch Forcemain project in Fairfax County.

2B. LEESBURG SOUTH TRUST, #09-0824, requests authorization to construct a 160 foot long by 70 foot wide bridge above Tuscarora Creek, install riprap armoring around the pilings, and install a temporary construction crossing consisting of up to seven 54 inch culvert pipes as part of a commercial development in the Town of Leesburg in Loudoun County. Staff recommends a royalty in the amount of $22,400 for the bridge encroachment over 11,200 square feet of State-owned submerged land.

2C. TOWN OF ST. PAUL, #09-1245, requests authorization to install a 0.999 MGD diffuser outfall into the Clinch River to facilitate upgrades and expansion of an existing wastewater treatment plant in the Town of St. Paul. Recommend approval with our standard instream permit conditions and the agreement to conduct any necessary mussel and fish surveys/relocations and adhere to any instream work time-of year restrictions as recommended by the Department of Game and Inland Fisheries.

2D. JAMES CITY SERVICE AUTHORITY, #09-0475, requests authorization to install 315 linear feet of 12 inch diameter water line attached to a wooden utility bridge across an unnamed tributary to College Creek south of the Route 199 bridge in James City County.

2E. U. S. ARMY CORPS OF ENGINEERS, #09-1240, requests authorization to hydraulically place up to 75,000 cubic yards of sandy dredged material, per dredge cycle, from the maintenance dredging of the outer portion of the Onancock Creek Federal Navigation Channel into a 5,018 foot by 1,087 foot overboard placement site 2.5 miles west of the mouth of Onancock Creek in Accomack County.  The center of the placement site is located at 37º 43'14.286" N and 75º 53'31.220"W in approximately 12 feet of water at mean low water. 

2F. OCEAN MARINE, LLC, #09-1132, requests authorization to maintenance dredge on an as needed basis, up to 5,000 cubic yards of subaqueous material, per dredge cycle, to provide maximum depths of 11.4 feet at mean low water within two existing marina slip basins, 26.4 feet at mean low water within an existing syncrolift basin, and 11.4 to 17.4 feet at mean low water within an existing travel lift basin, adjacent to their facility situated along the Southern Branch of the Elizabeth River in the City of Portsmouth.  Staff recommends inclusion of the standard dredging conditions.

2G. CITY OF NORFOLK, #09-1253, requests authorization to dredge the natural portions of an existing unnamed creek/canal between North and South Blake Roads in the City of Norfolk.  The proposed project includes the maintenance dredging of approximately 1,405 cubic yards of subaqueous material to create maximum controlling depths of 3.5 feet at mean low water from within a 24 foot wide by approximately 1,030 foot long channel.  The proposed project also includes the installation of one green daybeacon at 36 53' 57.8"N, 76 16' 10.5"W and one red daybeacon at 36 54' 0.6"N, 76 16' 11.1"W to mark the channel's entrance from the North Branch of the Lafayette River.  Staff recommends inclusion of the standard dredging conditions and compliance with U.S. Coast Guard marking requirements.

2H. NORFOLK SOUTHERN CORP., #09-1359, requests authorization to replace their existing A 3.2 timber trestles crossing over Wayne Creek in the City of Norfolk, with a 37 foot wide, steel pile supported, concrete cap and girder, double track trestle, crossing over approximately 156 linear feet of Wayne Creek in the same alignment as the existing timber trestles.  Staff recommends the assessment of a royalty in the amount of $11,544.00 for the encroachment over 5,772 square feet of State owned submerged land at a rate of $2.00 per square foot.

2I. JOSEPH KUBIAK JR., 09-1051, requests authorization to install 205 linear feet timber replacement bulkhead aligned a maximum two (2) foot channelward of a failing bulkhead and a 30 foot low profile timber groin adjacent to his property situated along the Little Wicomico River in Northumberland County.  Staff recommends a royalty of $440.00 for the encroachment and fill over State-owned submerged lands.


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