The following are the agenda items from the Commission's regular meeting held
December 16, 2008 at Commission
headquarters. The Commission's actions are in bold.
** APPROVAL OF AGENDA. THE COMMISSION APPROVED THE AGENDA AS MODIFIED. ITEM 16 WAS MOVED UP TO JUST PRIOR TO ITEM #2.
1. MINUTES of previous meeting. THE MINUTES FROM LAST MONTH'S MEETING WERE NOT COMPLETED, SO NOVEMBER AND DECEMBER MINUTES WILL BE CONSIDERED AT THE JANUARY MEETING.
[Audio Item 1]
2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). ).
THE COMMISSION UNANIMOUSLY APPROVED, 9-0, THE TWO PAGE 2 ITEMS LISTED BELOW IN DETAIL, AS RECOMMENDED BY STAFF.
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3. CONSENT AGENDA ITEMS, AS LISTED BELOW IN DETAIL AS A SO-CALLED PAGE THREE ITEM. THE COMMISSION VOTED UNANIMOUSLY, 9-0, TO ACCEPT THE PAYMENT OF A $10,000 FEE FOR THE ONE-TIME USE OF STATE-OWNED SUBAQUEOUS BOTTOM FOR THE PLACEMENT OF UP TO 40,000 CUBIC YARDS OF MAINTENANCE DREDGED MATERIAL IN A PREVIOUSLY USED OVERBOARD DISPOSAL SITE, WITH THE FURTHER STIPULATION THAT HONEYWELL-HOPEWELL UNDERTAKE A NEW STUDY TO EVALUATE POTENTIAL UPLAND DISPOSAL SITES PRIOR TO THE NEXT MAINTENANCE DREDGING EPISODE. THE COMMISSION ALSO IMPOSED A TIME-OF-YEAR RESTRICTION FOR ANADROMOUS FISH BETWEEN FEBRUARY 15 AND JUNE 30, AS WELL AS THE REQUIREMENT FOR A PRE-DREDGE CONFERENCE AND POST-DREDGE BATHYMETRIC SURVEY. WHILE THE COMMISSION ALSO ENDORSED THE POLICY REQUIREMENT OF ASSESSING AN APPROPRIATE ROYALTY FOR THE PRIVATE USE OF PUBLIC TRUST BOTTOMS FOR DREDGED MATERIAL DISPOSAL, THEY CHOSE TO REFER THE MATTER TO THE HABITAT MANAGEMENT ADVISORY COMMITTEE FOR FURTHER EVALUATION OF THE APPROPRIATE METRIC ( SQUARE FOOTAGE, CUBIC YARDS, ETC.) AND ROYALTY RANGE TO BE CONSIDERED BY THE COMMISSION AS AN AMENDMENT TO THE EXISTING RENT AND ROYALTY SCHEDULE.
4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. NONE WAS REQUIRED.
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5. CAROL DAVIDSON REGAN, #08-1349. Commission review on appeal by 26 Norfolk freeholders of the October 8, 2008, decision by the Norfolk Wetlands Board to approve a proposal to impact and fill vegetated tidal wetlands to accommodate the construction of a single-family residence, private driveway, utilities, and a 5-foot wide by 35-foot long, elevated walkway, adjacent to her undeveloped, non-riparian property situated along Edgewater Haven in the City of Norfolk. THE COMMISSION UNANIMOUSLY VOTED TO REVERSE THE DECISION OF THE NORFOLK WETLANDS BOARD, FINDING THAT THE BOARD FAILED TO FULFILL ITS RESPONSIBILITIES UNDER THE WETLANDS ZONING ORDINANCE WHEN IT APPROVED MS. REGAN'S APPLICATION.
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6. GREGORY N. PACKETT, #08-1262, requests authorization to construct a 16-slip community dock at his property situated along Totuskey Creek in Richmond County. The project is protested by several property owners. THE COMMISSION UNANIMOUSLY APPROVED THE APPLICATION AS PROPOSED, EXCLUDING ANY REFERENCE TO A L-HEAD DOCK, AND ASSESSING A ROYALTY FOR THE BOLD OUTLINE ENCROACHMENT AT $1.50 PER SQUARE FOOT.
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7. HAMPTON PARKS AND RECREATION, #08 1542, requests authorization to remove and replace the existing Sunset Creek boat ramp with a 32 foot wide by 100 foot long concrete, dual access ramp extending to minus five ( 5) feet below mean low water with two 6 foot wide by 90 foot long timber access piers, dredge approximately 50 cubic yards of built up material at the end of the existing ramp, and install a 5 foot wide Class I riprap toe protection at the end of the proposed ramp adjacent to City property situated along Sunset Creek. THE COMMISSION UNANIMOUSLY APPROVED THE CITY'S REQUEST TO REPLACE THE EXISTING BOAT RAMP, PROVIDED THE TENDING PIERS WERE NO LONGER THAN NEIGHBORING BLUEWATER YACHTS' EXISTING TRAVELLIFT PIERS, THE RAMP EXTENDED NO FARTHER CHANNELWARD THAN THE EXISTING RAMP, AND THE REMOVAL OF BUILT-UP MATERIAL AT THE END OF THE RAMP.
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8. STEVEN C. WANN, #08 1360, requests authorization to construct a private, noncommercial, open pile pier with an uncovered boatlift, a 5 foot by 10 foot elevated platform to support two solar panels, and a 10 foot by 30 foot pier head extending 568 feet channelward of mean high water adjacent to his property situated along the Severn River at 9607 Glass Road in Gloucester County. The project is protested by several nearby property owners. THE COMMISSION UNANIMOUSLY APPROVED MR. WANN'S REQUEST AS PROPOSED.
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9. DEEP CREEK LANDING MARINA, #08 1866, requests authorization to remove two existing fixed piers and replace them with an 8 foot wide by 111 foot long floating pier with a 10 foot by 20 foot platform, a 4 foot by 15 foot ramp, an 8 foot by 50 foot T head platform, and four 4 foot wide finger piers with 9 boat slips and an 8 foot wide by 136 foot long floating pier with a 10 foot by 15 foot platform, a 4 foot by 15 foot ramp, an 8 foot by 50 foot T head platform, and 5 4 foot wide finger piers with 10 boat slips; and install a new 8 foot by 45 foot floating platform with a 3 foot by 15 foot aluminum ramp at their fuel dock at their property located at 200 Old Marina Lane situated along Deep Creek in Newport News. The Marina has asked for Commission consideration of a reduced royalty assessment for the increase in square footage of State-owned bottom to be encumbered. THE COMMISSION VOTED UNANIMOUSLY TO GRANT THE RELIEF SOUGHT AND AGREED TO ASSESS A ROYALTY ONLY FOR THE 1,597.5 SQUARE FEET OF BOLD OUTLINE NEW ENCROACHMENT FOR THE FLOATING PLATFORM AND ALUMINUM RAMP AT THE FUEL DOCK.
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10. CITY OF HOPEWELL, #08 1648, requests authorization to construct a 5 foot by 100 foot open pile public pier to include a ten foot by sixteen foot T head at a City owned park located at 205 Appomattox Street along the Appomattox River in the City of Hopewell. The project is protested by an adjacent property owner and another city resident. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED, IN KEEPING WITH THE STAFF RECOMMENDATION.
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11. KENT FARMER, #08-1640, requests authorization to install a 10-foot wide by 36-foot long by 8-inch thick reinforced concrete boat ramp and two (2) 36-foot long low profile timber retaining walls adjacent to his property situated along the Rappahannock River in Caroline County. Both Wetlands and Subaqueous permits are required. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED, IN KEEPING WITH THE STAFF RECOMMENDATION.
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12. PUBLIC COMMENTS: AT THE REQUEST OF BOB PRIDE OF THE COASTAL CONSERVATION ASSOCIATION, THE COMMISSION ASKED THE FINFISH MANAGEMENT ADVISORY COMMITTEE TO EXAMINE POTENTIAL FUTURE RESTRICTIONS ON FIXED FISHING DEVICES.
ALSO DURING PUBLIC COMMENTS, COMMISSIONER ERNIE BOWDEN SAID THE COMMISSION HAD EFFECTIVELY BANKRUPTED THE MARINE PRODUCT BOARD, WHICH IS PARTIALLY FUNDED THROUGH COMMERCIAL FISHING LICENSE SALES, BECAUSE ROUGHLY 800 DORMANT COMMERCIAL CRAB LICENSES WERE PUT ON A WAITING LIST IN NOVEMBER. THE COMMISSION'S FISHERIES MANAGEMENT DIVISION AGREED TO PREPARE AN IN-DEPTH REPORT ON THE EXTENT OF LICENSE SALES LOSSES AND TO EXAMINE OTHER POTENTIAL REVENUE SOURCES FOR THE BOARD.
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13. REGULATION 4VAC20-1180-10 et seq.: "Pertaining to Fishing Guide Licenses," Final Approval. THE COMMISSION VOTED 9-0 TO APPROVE A TWO-TIER FISHING GUIDE LICENSE SYSTEM, ONE OPEN TO ALL VIRGINIA CHARTER BOAT CAPTAINS AND APPLICABLE ONLY TO VIRGINIA SALTWATERS; THE OTHER LIMITED IN NUMBER AND TO BE HONORED BY MARYLAND AS PART OF A RECIPROCAL AGREEMENT MARYLAND HAS TENTATIVELY ACCEPTED. THIS MARKS THE FIRST TIME IN MORE THAN A DECADE THAT THE COMMISSION WAS ABLE TO SECURE FISHING RIGHTS IN MARYLAND FOR VIRGINIA CHARTER BOATS. THESE NEW GUIDE LICENSES GO ON SALE DEC. 22, AND THE COMMISSION WILL SEND OUT LETTERS TO CHARTER BOAT CAPTAINS TO PROVIDE DETAILS ON THE NEW GUIDE LICENSE SYSTEM.
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14. REQUEST FOR PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-270, to remove the prohibition on the setting of fish pots, March12-16, in the Potomac River tributaries. THE COMMISSION VOTED 9-0 TO APPROVE THE PUBLIC HEARING AS REQUESTED.
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15. REQUEST FOR PUBLIC HEARING: Industry request to establish a control date for the gill net fishery.
THE COMMISSION VOTED 9-0 TO APPROVE A PUBLIC HEARING WITH A CONTROL DATE OF DEC. 31, 2005.
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16. CASES CONCERNING FAILURE TO REPORT COMMERCIAL HARVEST THE COMMISSION VOTED 9-0 TO ISSUE A WARNING TO A WATERMAN FOR FAILING TO TIMELY REPORT HIS MONTHLY HARVESTS.
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THESE SO-CALLED PAGE TWO ITEMS WERE APPROVED UNANIMOUSLY AS RECOMMENDED BY STAFF:
2A. VERIZON VA., INC., #08-1891, requests authorization to install by directional bore method a 6 inch plastic conduit (approximately 630 feet long) for fiber optic and copper cables under Chincoteague Channel from Marsh Island to the Chincoteague Town dock and boat ramp area in the Town of Chincoteague. The conduit will be buried a minimum of 20 feet below the channel bottom. Staff recommends the assessment of a royalty in the amount of $1,155.00 for the encroachment over 385 linear feet of State owned subaqueous bottom at a rate of $3.00 per square foot.
2B. JACK COLLINS, #03-2064, requests reactivation and extension of his permit which the Commission approved on January 25, 2005, and which authorizes the construction of a ten-foot wide by 60-foot long steel and timber single-span bridge across Wolf Creek, with two (2) concrete footers, to connect an easement over land belonging to Mr. Harry Thompson, adjacent to SR 642 in Bland County. Recommend approval with a new expiration date of January 31, 2011.
THIS SO-CALLED PAGE THREE ITEM WAS APPROVED UNANIMOUSLY AS RECOMMENDED BY STAFF:
3A. HONEYWELL HOPEWELL PLANT, #08-0431, requests authorization to maintenance dredge up to 40,000 cubic yards of State owned subaqueous bottomland, within the James River adjacent to the applicant's industrial operation at 905 East Randolph Road in the City of Hopewell. The dredged material is to be deposited in a previously used overboard disposal site directly across the river from the plant site.