The following are the agenda items from the Commission's regular meeting held
December 21, 2010 at Commission headquarters. The Commission's actions are in bold.
** APPROVAL OF AGENDA. THE COMMISSION APPROVED THE MEETING AGENDA 5-0, WITH ASSOCIATE COMMISSIONERS FOX, PLUMLEE, ROBINS AND SCHICK ABSENT FROM THE MEETING.
1. MINUTES of previous meeting. THE COMMISSION APPROVED THE MINUTES OF THE DECEMBER MEETING 5-0.
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2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for
approval). THE COMMISSION VOTED 5-0 TO APPROVE THE EIGHT SO-CALLED PAGE 2 ITEMS, DELINEATED BELOW IN DETAIL.
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3. CONSENT AGENDA ITEMS. NONE.
4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL. NONE.
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5. CHARLES CAUSEY, #09-0546, requests after-the-fact authorization to
retain two (2) 2-foot by 5-foot rock-filled timber gabion boxes position at the
end of a previously authorized boatramp adjacent to his property at 826 King
Copsico Lane situated along the Potomac River in Westmoreland County. THE COMMISSION VOTED 5-0 TO APPROVE THE PROPERTY OWNER'S AFTER-THE-FACT REQUEST BUT LEVIED A $1,200 CHARGE IN LIEU OF FURTHER ENFORCEMENT ACTION AGAINST BOTH THE PROPERTY OWNER AND THE CONTRACTOR THAT DID THE WORK THAT DEVIATED FROM THE PERMIT THAT WAS ISSUED.
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6. PUBLIC COMMENT. THE COMMISSION VOTED 5-0 TO CONSIDER IN JANUARY ADDING TWO WEEKS TO THE LOWER JAMES RIVER HAND SCRAP (SMALL DREDGE) OYSTER SEASON, AND ORDERED A STAFF SCIENTIFIC ANALYSIS OF THE STANDING STOCK BE COMPLETED IN THE MEANTIME.
A FINAL DECISION ON THE SEASON'S LENGTH WILL BE MADE ON THE BASIS OF THAT STOCK ASSESSMENT. SEVERAL OYSTERMEN ASKED THAT THE OYSTER HAND SCRAPE SEASON IN THE LOWER JAMES, WHICH THE COMMISSION OPENED A MONTH EARLIER THAN USUAL, IN OCTOBER, BE EXTENDED FOR AN EXTRA THREE MONTHS.
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7. REQUEST FOR A JANUARY 2011 PUBLIC HEARING: Proposed harvest quotas (pounds) for the 2011 recreational and commercial striped bass fisheries, as specified by
Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass".
THE COMMISSION VOTED 5-0 TO APPROVE A PUBLIC HEARING IN JANUARY TO SET THE RECREATIONAL AND COMMERCIAL STRIPED BASS QUOTAS FOR 2011. THE EXPLOITABLE STOCK BIOMASS IS PROJECTED BE 7 PERCENT LOWER IN 2011.
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8. REQUEST FOR A JANUARY 2011 PUBLIC HEARING: Industry-proposed modifications to possession and landing limitations and open landing seasons, for harvests of summer flounder from federal waters, as described in Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder".
THE COMMISSION VOTED 5-0 TO APPROVE A PUBLIC HEARING IN JANUARY TO CONSIDER MODIFYING THE 2011 POSSESSION AND LANDING REGULATIONS FOR THE COMMERCIAL FLOUNDER INDUSTRY.
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9. Request for an emergency amendment: To Chapter 4 VAC 20-1230-10 et seq., "Pertaining to Restrictions on Shellfish", to clarify shellfish harvest requirements.
THE COMMISSION VOTED 5-0 TO CLARIFY THAT SHELLFISH HARVEST TAGGING REQUIREMENTS ARE EFFECTIVE
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THE FOLLOWING EIGHT SO-CALLED PAGE TWO ITEMS (PROJECTS OVER $50,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WERE APPROVED 5-0:
2A. LUCK STONE, #10-1750, requests authorization to install six new steel dolphins, repair and replace 5 existing dolphins and mechanically dredge on an as-needed basis approximately 1,050 cubic yards of bottom material, with upland disposal, to achieve maximum project depths of -14 feet MLW at their existing barge loading facility (South Richmond Facility) situated along the James River in the City of Richmond. Recommend approval with an instream time-of-year restriction of February 15 through June 30 to protect anadromous fishes and an additional dredging royalty of $ 311.85 for the new dredging of 693 cubic yards of bottom material at a rate of $0.45 per cubic yard and an encroachment royalty of $480.00 for the encroachment of the new dolphins over 240 square feet of State-owned subaqueous land at a rate of $2.00 per square foot.
2B. VIRGINIA ELECTRIC AND POWER COMPANY, #10-1162, requests authorization to install two temporary construction trestles, within the York River at N 37o 14' 30.19", W 76o, 27' 3.15" and N 37o 13' 25.52", W 76o, 27' 47.05", to facilitate line splicing operations associated with the installation of a directionally bored 230kV electrical transmission line (Hayes-Yorktown 230 kV Line Project), previously authorized by an easement granted in 1987 by the General Assembly, beneath 15,469 linear feet of the York River in Gloucester and York Counties. Recommend approval contingent on the applicant's agreement to light the trestles pursuant to U. S. Coast Guard requirements.
2C. VULCAN CONSTRUCTION MATERIALS, #07-0979, requests a modification to their previously authorized permit to now dredge, on an as-needed basis, up to 4,444 cubic yards of State-owned subaqueous material, per dredge cycle, to establish and maintain maximum depths of -16 feet at mean low water, from within a 50-foot by 150-foot basin surrounding the terminus of the existing pier at their Westminster Sales Yard, situated along the Eastern Branch of the Elizabeth River in the City of Norfolk. All dredged material will be transported to and disposed of at Craney Island. Recommend inclusion of the standard dredging conditions and an additional royalty assessment in the amount of $649.80 for the dredging of an additional 1,444 cubic yards of State-owned subaqueous material at a rate of $0.45 per cubic yard.
2D. DEPARTMENT OF THE NAVY, #10-0281, requests authorization to demolish and replace the existing Piers 4 and 5 with a new, single pier (Pier 5) at the Norfolk Naval Shipyard situated along the Southern Branch of the Elizabeth River in the City of Portsmouth. The proposed project within the Commission's jurisdiction includes the installation of a replacement marginal wharf along Hitchcock Street between the existing Piers 4 and 5; the construction of a new 230-foot wide by 1,225-foot long Pier 5 with appurtenant moorings, fender systems, utilities, lighting, electrical substations, railroad spur, crane rails, saltwater intake, and support structures to include restroom and saltwater pump station buildings, and a security tower.
2E. RIVANNA WATER AND SEWER AUTHORITY, #10-1358, requests authorization to install, by open-trench method, a concrete-encased, 24-inch diameter sewer transmission line, a minimum of three feet beneath the submerged bed of Moores Creek at the Moores Creek Wastewater Treatment Plant in Albemarle County. The proposed sewer line will be installed in the dry using a temporary dam and pump system, to divert stream flow around the work site. Recommend inclusion of the standard in-stream conditions.
2F. DEPARTMENT OF THE NAVY, #10-1714, requests authorization to repair and improve approximately 180 linear feet of existing revetment, by installing additional riprap extending a maximum of 11 feet channelward of mean low water, between Piers A and C at the Craney Island Fuel Depot situated along the Elizabeth River in the City of Portsmouth.
2G. QWEST COMMUNICATIONS, #10-1882, requests authorization to install a fiber optic cable under the bed of the Eastern Branch of the Elizabeth River, using the horizontal directional drill method, immediately east of the Norfolk Southern Railroad Bridge between the cities of Norfolk and Chesapeake. The line will replace a previously authorized, temporary line in the same location for which a royalty was paid at the rate of $3.00 per linear foot under VMRC permit #10-0342 issued on March 23, 2010.
2H. DAVID DICKENS, #10-1614, requests authorization to install a 100-foot long and a 60-foot long armor stone breakwater, each with a 22-foot wide base width, located approximately 30 feet channelward of mean high water, and to place 400 cubic yards of beach quality sand landward of the breakwaters, to be sprigged with beach vegetation, adjacent to his property situated along the Potomac River in Westmoreland County.