COMMISSION ACTIONS JANUARY 2011

The following are the agenda items from the Commission's regular meeting held January 25, 2011 at Commission headquarters.  The Commission's actions are in bold.

** APPROVAL OF AGENDA.  THE AGENDA WAS APPROVED 7-0, WITH ASSOCIATE COMMISSIONERS ROBINS AND LAINE ABSENT FROM THE MEETING. 
[Audio Agenda]

1.  MINUTES of previous meeting.  THE MINUTES OF THE COMMISSION'S DECEMBER MEETING WERE APPROVED 4-0, WITH ASSOCIATE COMMISSIONERS SCHICK, FOX AND PLUMLEE ABSTAINING.
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2.  PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).  THESE 12 SO-CALLED PAGE TWO ITEMS, DELINEATED BELOW IN DETAIL, WERE APPROVED 7-0.
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3.  CONSENT AGENDA ITEMS.  NONE.
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4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.  NONE.   

5.  JOHN MAGANAS, #10-1808, requests authorization to install a 112-foot long near shore stone sill and nourish the beach behind the sill with beach quality sand adjacent to his property at 16293 Crystal Beach Road situated along Chesconessex Creek in Accomack County.  A Coastal Primary Sand Dune/Beach permit and a Submerged Lands permit are required.  THE COMMISSION APPROVED THE PROJECT 7-0, PER STAFF RECOMMENDATION, WHICH REQUIRES THE APPROPRIATE BEACH GRASSES BE PLANTED IN THE NOURISHED AREA.
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6.  REGULATION PERTAINING TO REDEFINING THE ESTABLISHED RESTRICTED AREA - DOMINION POWER/NUCLEAR POWER STATION.  Regulation redefinition and correction of both Areas #1 and #2 of previously approved regulation restricting access to both areas to facilitate physical security of the facility located along the James River in Surry County.  THE COMMISSION VOTED 7-0 TO APPROVE THE REDEFINITION AND CORRECTION OF BOUNDARY RESTRICTIONS AT THE FACILITY.
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7.  PUBLIC COMMENT.  ELLIS JAMES OF NORFOLK SPOKE ON THE SUBJECT OF STRIPED BASS STOCKS.
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8.  PUBLIC HEARING:  To consider amending Chapter 4VAC 20-720-10, et seq., "Pertaining to Restrictions on Oyster Harvest", to lower the daily catch limit in Rotation Area 4 of the Rappahannock River from 10 bushels to six bushels per registered commercial fisherman licensee.  THE COMMISSION VOTED 7-0 TO APPROVE A STAFF RECOMMENDATION TO LOWER THE DAILY BUSHEL LIMIT FROM 10 TO 6 IN ROTATION AREA FOUR OF THE RAPPAHANNOCK RIVER.
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9.  PUBLIC HEARING:  To consider amending Chapter 4VAC 20-720-10, et seq., "Pertaining to Restrictions on Oyster Harvest", regarding extending the Public Oyster Harvest Season for 2010-2011 in the James River Hand Scrape Area and Thomas Rock Hand Scrape Area in the James River, from February 1, 2011 through February 15, 2011, and a REQUEST FOR AN EMERGENCY AMENDMENT:  To lower the vessel-specific commercial fisherman registration licensee bushel limit, from 10 to six bushels, in those same hand scrape areas, for the month of February 2011.  AFTER AN INDUSTRY REQUEST AND A STOCK EVALUATION, THE COMMISSION VOTED 6-1, WITH ASSOCIATE COMMISSIONER TANKARD VOTING NO, TO REOPEN THE LOWER JAMES HAND SCRAPE AND THOMAS ROCK HAND SCRAPE AREAS FOR THE ENTIRE MONTH OF FEBRUARY, BUT REDUCED THE DAILY BUSHEL LIMIT FROM 10 TO 6 PER PERSON.
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ALSO, THE COMMISSION VOTED 4-3 IN AN EMERGECNY REGULATION TO REOPEN DEEP ROCK FOR PATENT TONGING FOR THE MONTH OF FEBRUARY, WITH A SIX BUSHEL DAILY LIMIT.  COMMISSIONER BOWMAN AND ASSOCIATE COMMISSIONERS TANKARD AND PLUMLEE VOTED NO.

10.  PUBLIC HEARING: To make permanent emergency amendments to Chapter 4VAC 20-1230-10, et seq., "Pertaining to Restrictions on Shellfish", to clarify that identification of the original harvest area of any shellfish, through the use of tags, pertains to any time during the year.  THE COMMISSION VOTED 7-0 TO CLARIFY THAT SHELLFISH CONTAINER TAGGING IS REQUIRED YEAR-ROUND.
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11.  PUBLIC HEARING:  Establishment of shellfish aquaculture opportunity zones, as part of Chapter 4VAC20-1130-10 et. seq., for the placement of temporary protective enclosures, as required by �28.2-603B of the Code of Virginia.  THE COMMISSION VOTED 7-0 TO TABLE A PROPOSAL TO CREATE AQUACULTURE OPPORTUNITY ZONES. THE VIRGINIA GENERAL ASSEMBLY IS CONSIDERING A BILL THAT WOULD REPEAL THE LAW THAT REQUIRES THE COMMISSION TO ESTABLISH THE ZONES, AND THE COMMISSION DECIDED TO PUT THE ZONES ON HOLD UNTIL AT LEAST THE END OF THE CURRENT GENERAL ASSEMBLY SESSION.
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12.  PUBLIC HEARING:  Establishment of the 2011 quota, for the Chesapeake Area Recreational and Commercial striped bass fisheries, as part of Chapter 4VAC20-252-10 et. seq., "Pertaining to the Taking of Striped Bass".  THE COMMISSION VOTED 7-0 TO SET THE COMMERCIAL AND RECREATIONAL STRIPED BASS QUOTA FOR 2011 AT 1.43 MILLION POUNDS EACH, AFTER NOTING THAT THE PROJECTED EXPLOITABLE STOCK BIOMASS IS ESTIMATED TO BE 7 PERCENT LOWER THIS YEAR.
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13.  PUBLIC HEARING:  Commission consideration of industry proposals to modify the opening date, landing time period and landing limits, for the directed offshore (federal waters) summer flounder fishery, as specified in Chapter 4VAC20-620-10 et. seq., "Pertaining to Summer Flounder".  AT THE REQUEST OF THE SEAFOOD INDUSTRY, THE COMMISSION VOTED 7-0 TO OPEN THE DIRECTED COMMERCIAL SUMMER FLOUNDER SEASON ON MARCH 7, AND SET A 10,000 POUND VESSEL LIMIT OVER A 15-DAY PERIOD.
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14.  REQUEST FOR PUBLIC HEARING: To establish the 2011 recreational summer flounder management measures, minimum size limit, possession limit and season, as part of Chapter 4VAC20-620-10 et. seq., "Pertaining to Summer Flounder".  THE COMMISSION VOTED 7-0 TO HOLD A PUBLIC HEARING, AND A VOTE, IN FEBRUARY TO LOWER THE RECREATIONAL FLOUNDER SIZE LIMIT, WHICH WOULD ALLOW ANGLERS TO KEEP MORE OF THE FISH THEY CATCH.  THE CURRENT SIZE LIMIT IS 18.5 INCHES, WITH A CREEL LIMIT OF FOUR FISH. THE COMMISSION WILL CONSIDER OPTIONS THAT INCLUDE AN 18-INCH, FOUR-FISH LIMIT OR A 17.5-INCH SIZE LIMIT WITH EITHER A FOUR OR THREE-FISH CREEL LIMIT.
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15.  REQUEST FOR EMERGENCY REGULATION:  To establish the 2011 commercial black sea bass quota, as part of Chapter 4VAC20-950-10 et. seq., "Pertaining to Black Sea Bass".  THE COMMISSION VOTED 7-0 TO ESTABLISH THE 2011 COMMERCIAL BLACK SEA BASS QUOTA.
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16.  REQUEST FOR EXPENDITURE: From the Virginia Saltwater Recreational Fishery Development Fund, in order to cover expenses for the VMRC Fisherman Identification Program (FIP).  THE COMMISSION VOTED 7-0 TO APPROVE USE OF RECREATIONAL SALTWATER LICENSE FUNDS TO COVER THE AGENCY'S COSTS TO REGISTER ANGLERS' PHONE REGISTRATIONS FOR THE VIRGINIA FISHERMAN IDENTIFICATION PROGRAM.  THE FIP REQUIRES ANGLERS WHO FISH LEGALLY WITHOUT A LICENSE TO REGISTER, AT NO COST TO THE ANGLER, EITHER ONLINE OR OVER THE PHONE. LICENSED ANGLERS ARE AUTOMATICALLY REGISTERED.
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17.  AMERICAN SHAD:  Request for public hearing to consider amendments to regulation 4VAC20-530-10 et seq., to establish a commercial bycatch fishery for 2011.  THE COMMISSION VOTED 7-0 TO HOLD A PUBLIC HEARING IN FEBRUARY TO ESTABLISH THE 2011 COMMERCIAL AMERICAN SHAD BYCATCH REGULATIONS.
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THE FOLLOWING SO-CALLED PAGE TWO ITEMS (PROJECTS OVER $50,000 WITH NO OBJECTIONS AND WITH STAFF RECOMMENDATION FOR APPROVAL) WERE APPROVED 7-0:

2A.  DOMINION TERMINAL ASSOCIATES, #10-1685, requests authorization to maintenance dredge, by hydraulic or mechanical method, a total of 80,000 cubic yards of material on a two-year cycle, to maintain maximum depths of -52.6 feet at mean low water at the marine terminal adjacent to the James River in Newport News.  All dredge material will be pumped or barged to the Craney Island Dredge Material Management Area.

2B.  ALLIED FIBER, #10-1337, requests authorization to directionally bore a fiber optic cable 5-feet beneath the bed of 321 feet of the Shenandoah River, 70-feet of Catoctin Creek, 70-feet of Tuscarora Creek, 126 feet of Goose Creek and 75-feet of Beaver Dam Run as part of the Allied Cable Berryville to Ashburn project in Clark and Loudoun Counties.  Staff recommends the assessment of a royalty in the amount of $1,986.00 for the encroachment within 662 linear feet of State-owned subaqueous land at a rate of $3.00 per linear foot.

2C.  TRANSCONTINENTAL GAS PIPELINE COMPANY, #10-1852, requests authorization to install a new 42-inch natural gas pipeline 5-feet beneath the streambed of 95 linear feet of Bull Run.  The pipeline will be installed by the open trench method utilizing a dam and flume system to dewater the work area, associated with the Transco Mid-Atlantic Connector Expansion Project in Fairfax and Prince William Counties.  Staff recommends the assessment of a royalty in the amount of $285.00 for the encroachment within 95 linear feet of State-owned subaqueous land at a rate of $3.00 per linear foot.  Recommend inclusion of the standard in stream conditions.

2D.  TOWN OF GRETNA, #10-0304, requests authorization to construct a raw water intake structure comprised of a 10-inch diameter pipe and protective steel structure that will extend approximately 15-feet channelward of ordinary high water within Whitehorn Creek in Pittsylvania County.  Recommend inclusion of the standard in-stream conditions.

2E.  HALIFAX COUNTY SERVICE AUTHORITY, #10-1904, requests authorization to install an 8-inch water pipeline over the natural stream channel of the Bannister River within the Bannister Reservoir, by bridge attachment method along Route 501, in conjunction with a water main extension by the Town of Halifax in Halifax County.

2F.  TAZEWELL COUNTY PUBLIC SERVICE AUTHORITY, #09-0575, requests authorization to modify their existing permit to include the installation of a 6-inch, concrete-encased, PVC or ductile iron sewer service line under and an approximate 16-foot wide section of Cavitts Creek near the Heston Avenue bridge as part of the Baptist River Valley Sewer Project in Tazewell County.  The sewer line will be installed in the dry by the open-cut trench method requiring the Creek to be temporarily diverted using previously authorized cofferdam, diversion or pump-around techniques.  Staff recommends approval including our standard in-stream conditions.

2H.  JOHN E. McPHERSON, #10-1907, requests authorization to maintenance dredge, using both hydraulic and mechanical methods on an as-needed basis, 7,000 cubic yards of material from an existing private navigation channel on Fishing Bay and to now deepen the area to minus ten (-10) feet at mean low water from the previously authorized depth of minus nine (-9) feet, and excavate 900 cubic yards of sediment form a sand trap area adjacent to the channel adjacent to his property at 471 Stove Point Road in Middlesex County.  The material will be transported to and disposed of in a contained upland disposal area at his property.  Recommend approval with a royalty in the amount of $180.00 for the new dredging of 400 cubic yards of material resulting from the deepening at a rate of $0.45 per cubic yard..

2I.  GAMBIT LLC, #10-1936, requests authorization to construct two (2) 75-foot long by 20-foot base width quarry stone breakwaters located a maximum of 60 feet channelward of mean low water, and nourish with 741 cubic yards of sandy material with appropriate vegetative planting, at property on the Piankatank River at 771 Paces Neck Road in Middlesex County.  Recommend approval with a royalty of $500.00 for the beach nourishment over 10,000 square feet of State bottom at a rate of $0.05 per square foot. 

2J.  AMHERST COUNTY SERVICE AUTHORITY, #08-0619, requests authorization to install a 22-foot wide riprap structure extending a maximum of 22 feet channelward of the south side of Harris Creek, immediately upstream of a proposed dam rehabilitation site, to direct stream flow toward the dam's central weir and to protect an existing pump house at the Henry L. Lanum, Jr. Water Filtration Plant in Amherst County. 

2K.  CITY OF HAMPTON AND U.S. ARMY CORPS OF ENGINEERS, #10-1913, requests authorization to conduct a phased beach nourishment project at Buckroe Beach between Point Comfort and Pilot Avenues, initially placing up to 30,000 cubic yards of beach quality sand along a 3,785 linear foot section of public beach to replace sand loss from recent storm events, and subsequently conducting scheduled maintenance nourishment, on an as needed basis, with up to 50,000 cubic yards of beach quality sand.  The sand nourishment material is proposed to be sourced from approved upland borrow sites.

2L.  EARL INDUSTRIES, #10-1996, requests authorization to install a 24-foot by 24-foot concrete mooring platform with four (4) bollards a maximum of 77 feet channelward of the existing Pier 1 at their facility situated along the Elizabeth River in the City of Portsmouth.

PAGE THREE ITEMS:

NONE.