COMMISSION ACTIONS OCTOBER 2008

The following are the agenda items from the Commission's regular meeting held October 28, 2008 at Commission headquarters. The Commission's actions are in bold.


** APPROVAL OF AGENDA. APPROVED UNANIMOUSLY, 8-0, WITH ASSOCIATE COMMISSION ROBINS ABSENT FROM THE MEETING, AFTER PULLING AGENDA ITEM 2C BECAUSE THE PROJECT IS UNDER $50,000 IN COST AND CAN BE HANDLED ADMINISTRATIVELY, AND AFTER PULLING ITEM 2F TO ALLOW STAFF TO CONTINUE TO WORK WITH THE APPLICANT ON A ROYALTY ASSESSMENT FOR THE ENCROACHMENT SOUGHT ON STATE-OWNED BOTTOM.

1. MINUTES of previous meeting. APPROVED WITH AN AMENDMENT TO REFLECT ASSOCIATE COMMISSIONER FOX'S ATTENDANCE LAST MONTH.
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2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). APPROVED WITH ASSOCIATE COMMISSIONER HOLLAND'S ABSTENTION ON ITEM 2M.

3. CONSENT AGENDA ITEMS. NONE

4. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. NONE REQUIRED.
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5. CITY OF HAMPTON, #06-1356, requests authorization to modify their previously issued permit to include the installation of two 16-foot by 16-foot open-sided shelters on the Buckroe Beach Fishing Pier situated along the Chesapeake Bay in Hampton. The project is protested by an adjacent property owner and other nearby property owners. THE COMMISSION VOTED 8-0 TO APPROVE THE PROJECT IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF. 
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6. JAMAICA SHORES ASSOCIATION, #08-0451, requests authorization to replace an existing 58-foot long by 12-foot wide concrete boat ramp with a 68-foot long by 12-foot wide ramp and to construct a 4-foot wide community use pier extending 108 feet channelward of their property in the Jamaica Shores Subdivision situated along the Rappahannock River in Middlesex County. The project is protested by an adjoining property owners. THE COMMISSION VOTED 8-0 TO APPROVE THE PROJECT IN ACCORDANCE WITH STAFF RECOMMENDATIONS. 
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7. DOMINION VIRGINIA POWER, #08-1668, requests authorization to install a total of approximately 76 linear feet of new 230kV transmission line approximately 120 feet above two crossings of Tuscarora Creek between the existing Pleasant View substation, located east of Leesburg off Cochran Mill Road, and a new substation site northwest of Hamilton near the intersection of Berlin Turnpike and Route 7, as part of the Pleasant View-Hamilton Transmission Line project in Loudoun County. The project is protested by the City of Leesburg.  THE COMMISSION VOTED 8-0 TO APPROVE THE PROJECT IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF. 
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8. MARK ALLEN, #07-1748, requests authorization to install a mooring buoy at 37� 44'03.9" North Latitude 76� 19' 23.95" West Longitude, approximately 400 feet offshore of the applicant's property situated along Dividing Creek in Northumberland County. The project is protested by an adjacent oyster ground leaseholder. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF. 
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9. RICHARD GREEN, OYSTER PLANTING GROUND APPLICATION, #2008-035. Applicant is requesting to lease 215.37 acres of oyster planting ground within the James River near the James River Bridge in the City of Newport News. The application is protested by Mr. George Marshall, who also provided a petition with 42 signatures of watermen requesting that the area not be leased and further, that the Commission set the area aside as additional public ground.  THE COMMISSION VOTED 7-1 WITH ASSOCIATE COMMISSIONER TANKARD VOTING NO,TO LEASE THE CONDEMNED PORTION OF THE APPLICATION, AND THE NORTHERN HALF OF THE UNCONDEMNED, OR OPEN GROUND, TO MR. GREEN, AND TO SET ASIDE THE REMAINDER OF THE OPEN GROUND INDEFINITELY AS UNASSIGNED PUBLIC GROUND. 
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10. ENFORCEMENT ACTION: Commission review of information indicating possible violation of Chapter 12 of Title 28.2 of the Code of Virginia, specifically unauthorized dredging undertaken by Mr. John Alvey at or near his property situated along Neabsco Creek at 16127 Neabsco Road, in Prince William County. THE COMMISSION VOTED UNANIMOUSLY TO FIND MR. ALVEY IN VIOLATION OF THE PROVISIONS OF CHAPTER 12 OF TITLE 28.2 OF THE CODE OF VIRGINIA, AND REFERRED THE MATTER TO THE COMMONWEALTHS ATTORNEY AND OFFICE OF THE ATTORNEY GENERAL FOR THE APPROPRIATE ENFORCEMENT ACTIONS. THE COMMISSION ALSO CAUTIONED MR. ALVEY TO NOT ENGAGE IN ANY FURTHER BOTTOM DISTURBANCE OR REMOVAL ACTIVITIES WITHOUT THE PROPER MARINE RESOURCES COMMISSION PERMIT. 
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11. BOB JENSEN: Rappahannock Preservation Society's 20/20 Program for Oyster Restoration. MR. JENSEN BRIEFED THE COMMISSION ON HIS IDEA TO CREATE 20 OYSTER REEFS IN 20 WEEKS WITHIN THE WATERS OF VIRGINIA AND MARYLAND, WITH FUNDING TO BE DETERMINED LATER.
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12. PUBLIC COMMENTS: 

FISHERIES CHIEF JACK TRAVELSTEAD BRIEFED THE COMMISSION ON THE STATUS OF IMPENDING FEDERAL BLUE CRAB FISHERY DISASTER FUNDS AND WORK PROGRAMS UNDER CONSIDERATION THAT COULD BE ENACTED WITH THOSE FUNDS. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE PROCUREMENT PROCEDURES TO ALLOW THOSE EXPENDITURES TO BE QUICKLY ENACTED WHEN THE FEDERAL MONEY BECOMES AVAILABLE.

A FEW MINUTES LATER, VIRGINIA STATE WATERMAN'S ASSOCIATION PRESIDENT KEN SMITH AND ROUGHLY A DOZEN WATERMEN, MOSTLY FROM TANGIER, COMPLAINED ABOUT THE NEW CRAB REGULATIONS TO REDUCE THE 2008 HARVEST, CONTENDED THERE ARE PLENTY OF CRABS IN THE BAY AND ITS TRIBUTARIES, AND ASKED THAT THE COMMISSION REOPEN THE FEMALE CRAB SEASON, WHICH CLOSED OCT. 17. THE COMMISSION DECLINEDON A 4-4 VOTE.

AFTER A REQUEST BY DOUG JENKINS OF THE TWIN RIVERS WATERMEN'S ASSOCIATION, THE COMMISSION AGREED 7-1 WITH ASSOCIATE MEMBER FOX AGAINST TO ENACT AN EIGHT BUSHEL LIMIT ON OYSTERS HARVESTED IN A SPECIAL PROGRAM IN THE WICOMICO RIVER THIS YEAR.

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13. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-252-10 et seq., "Pertaining to the Taking of Striped Bass" to establish final regulations for the winter 2008 recreational fishery. THE COMMISSION VOTED 7-2, WITH ASSOCIATE MEMBERS HOLLAND AND SCHICK AGAINST, TO SET A ONE-FISH DAILY LIMIT FOR THE LAST 11 DAYS OF THE 2008 STRIPED BASS SEASON, WHICH CLOSES AT THE END OF DECEMBER.
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14. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-910-10 et seq., "Pertaining to Scup" to reduce the Winter II trip limit from 3500 pounds to 2000 pounds. A PUBLIC HEARING FOR NOVEMBER WAS APPROVED 8-0.
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15. PUBLIC HEARING: Final consideration of emergency amendments to Regulation 4VAC20-260-10 et seq, "Pertaining to the Designation of Seed Areas and Clean Cull Areas". THE COMMISSION VOTED 8-0 TO APPROVE THE EMERGENCY AMENDMENTS.
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16. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-20-10 et seq., "Pertaining to the Licensing of Fixed Fishing Devices". THE COMMISSION VOTED 8-0 TO GRANT ADDITIONAL TIME FOR A POUND NET LICENSE TO GO UNUSED BEFORE THE LICENSE IS REVOKED FOR NON-USE.
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17. PUBLIC HEARING: Proposed regulation 4VAC20-1170-10 et seq., Requirements Related to the Purchase of Fish From the Catcher", to require the use of certified scales. THE COMMISSION VOTED 8-0 TO REQUIRE COMMERCIAL SEAFOOD PURCHASING ESTABLISHMENTS POST A NOTICE THAT ALL PRODUCTS ARE WEIGHED ON CERTIFIED SCALES AND FOR A COPY TO BE PROVIDED TO THE COMMISSION. THE MEASURE ALLOWS MORE ACCURATE QUOTA MONITORING.
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18. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-751-10 et seq., Pertaining to the Setting and Mesh Size of Gill Nets", to make lawful, the setting of anchored or weighted gill nets within 500 yards of the mean high water mark on the ocean side of Northampton and Accomack Counties. THE COMMISSION VOTED 8-0, AS RECOMMENDED BY STAFF.
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19. BLUE CRAB: Latent Effort Controls; Request for public Hearing. THE COMMISSION VOTED 8-0 FOR A PUBLIC HEARING NEXT MONTH ON A MEASURE THAT WOULD PUT HUNDREDS OF UNUSED CRAB LICENSES ON A WAITING LIST UNTIL SUCH TIME AS THE BAY CRAB POPULATION REBOUNDS.
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20. BLACK SEA BASS: Industry Request for modifications to the limited entry commercial fishery, directed and bycatch fishery quotas; Request for Public Hearing. A PUBLIC HEARING FOR NOVEMBER WAS APPROVED 8-0.
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21. SHARKS: Implementation of new ASMFC Shark Fishery Management Plan; Request for Public Hearing. A PUBLIC HEARING WAS APPROVED 8-0 FOR JANUARY 2009.
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22. FISHING GUIDE LICENSE: Limited Entry for Virginia's Charter Boat Fishery; Request for Public Hearing. A PUBLIC HEARING FOR NOVEMBER WAS APPROVED 8-0.
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23. REPEAT OFFENDERS: ONE WATERMAN WAS PUT ON PROBATION FOR A YEAR AFTER COURT CONVICTIONS FOR TWO VIOLATIONS OF CRAB REGULATIONS. A SECOND CASE WAS CONTINUED UNTIL NOVEMBER AT THE REQUEST OF THE WATERMAN.
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24. FAILURE TO REPORT CASES: AFTER AN EXTENSIVE HEARING, THE COMMISSION VOTED 8-0 TO PLACE 33 WATERMEN ON PROBATION FOR TWO YEARS FOR A PATTERN OF FAILING TO REPORT REQUIRED HARVEST DATA OVER THE PAST THREE YEARS. THEY WERE GIVEN UNTIL FEBRUARY TO SUBMIT THE REQUIRED HARVEST REPORTS OR LOSE THEIR COMMERCIAL LICENSES FOR THE 2009 SEASON. THE LICENSES OF NINE ADDITIONAL WATERMEN WHO HAVEN'T FILED ALL REQUIRED HARVEST REPORTS WERE SUSPENDED IMMEDIATELY FOR FAILING TO APPEAR BEFORE THE COMMISSION.
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THE FOLLOWING SO-CALLED PAGE 2 ITEMS WERE APPROVED UNANIMOUSLY, EXCEPT FOR 2C AND 2 F, WHICH WERE REMOVED FROM CONSIDERATION, AND FOR 2M, WHICH WAS APPROVED 7-0-1 WITH ASSOCIATE MEMBER HOLLAND ABSTAINING:

2A. DEPARTMENT OF THE ARMY, #08-1700, requests authorization to stabilize approximately 510 linear feet of Accotink Creek including placing Class II riprap along approximately 460 linear feet of the shoreline, installing bendway weirs and locked limbs/logs extending a maximum of 10 feet channelward, and excavating 50 linear feet of existing riprap material as part of the Accotink Creek stabilization project at Fort Belvoir.

2B. BLUEWILDLIFE, LLC, ET AL, #08-1733, requests authorization to restore approximately 5,347 linear feet of Bolling Branch including the installation of J-hooks, cross-vanes, root-wads, and channel relocation at Chattins Run Farm in Loudoun County.

2C. MR. AND MRS. MITCHELL R. BOBER, #08-1390, request authorization to construct 450 linear feet of timber replacement bulkhead, with associated knee-brace support piles, which will extend a maximum of one (1) foot channelward of an existing, deteriorated timber bulkhead and mean low water adjacent to their property on Myer Creek at 124 Starview Place in Lancaster County. Recommend a royalty in the amount of $450.00 for the filling of 450 square feet of State-owned bottom at a rate of $1.00 per square foot. 

2D. GWYNN'S ISLAND RV RESORT, LLC, #08-1504, requests authorization to construct 335 linear feet of riprap revetment, a 120-foot long by 24-foot wide riprap jetty, a 100-foot long fishing pier, and to dredge 2,000 cubic yards of subaqueous bottom material from a 45-foot wide by 350-foot long channel to provide maximum depths of minus three (-3) feet at mean low water adjacent to their campground facility situated along the Chesapeake Bay at 551 Buckchase Road in Mathews County. Staff recommends inclusion of our standard dredging conditions and the assessment of a royalty of $235.00 for the encroachment of the pier on 785 square feet of State-owned submerged land at a rate of $0.30 per square foot and a dredging royalty of $1,435.00 for the dredging of 2000 cubic yards of State-owned submerged bottom material at a rate of $0.60 per cubic yard.

2E. HOLIDAY MARINA, #07-1463, requests authorization to remove two existing piers and install three (3) new 12-foot wide piers with mooring pilings and finger piers to create a total of 44 wetslips and to dredge 11,300 cubic yards of subaqueous material from a 180,600 square foot area to provide maximum depths of minus five (-5) feet at mean low water in conjunction with the redevelopment of their marina situated along Rowes Creek at 3143 Holiday Marina Road in Gloucester County. Staff recommends approval with the inclusion of our standard dredging conditions and the assessment of a royalty of $5,085.00 for the dredging of 11,300 cubic yards of State-owned submerged bottom material at a rate of $0.45 per cubic yard. 

2F. PICKLE PROPERTY, LLC, #08-1155, requests authorization to dredge on an as-needed basis 84,500 cubic yards of State-owned subaqueous material to create maximum depths of -10 to -17 feet at mean low water; to construct a 13-foot wide by 462-foot long, commercial, floating concrete pier with an 8-foot wide by 50-foot long gangway and ten (10) 9-pile mooring dolphins; to construct a 13-foot wide by 50-foot long floating pier adjacent to an existing travel lift; to install seven (7) new support piles for the existing travel lift; to construct a 60-foot wide by 75-foot long wharf extending approximately 45 feet channelward of mean low water; to install approximately fourteen (14) 19-pile and two (2) 9-pile mooring dolphins; and to install approximately 130 linear feet of riprap marsh-toe sill channelward of mean low water, adjacent to their South Norfolk Aggregate and Marine Yard situated along the Eastern Branch of the Elizabeth River in the City of Norfolk. Staff recommends the assessment of a royalty in the amount of $33,300.00 for the new dredging of 74,000 cubic yards of State owned subaqueous bottom at a rate of $0.45 per cubic yard.

2G. DEPARTMENT OF THE NAVY, #08-1510, requests authorization to install and backfill approximately 305 linear feet of replacement bulkhead aligned channelward of an existing bulkhead's batter piles along Berth 20 and across a previously excavated barge slip adjacent to Berth 21, and to construct an open-pile, concrete wharf with utility trench approximately 17.5 feet channelward of the proposed bulkhead along Berth 20 and extending 279 feet southeasterly to a point aligned with and extending 90 feet to the existing wharf along Berth 21 at the Norfolk Naval Shipyard situated along the Southern Branch of the Elizabeth River in the City of Portsmouth.

2H. CITY OF PORTSMOUTH, #08-1604, requests authorization to install 810 linear feet of replacement bulkhead aligned two feet channelward of an existing deteriorated bulkhead between the Harbor Tower and Tidewater Yacht sites off Crawford Parkway, situated along the Southern Branch of the Elizabeth River in the City of Portsmouth.

2I. WESTERN VIRGINIA WATER AUTHORITY, #08-1689, requests authorization to install 297 linear feet each of a 24-inch and 36-inch diameter, concrete encased, sewer line beneath the existing bottom of the Roanoke River along the western side of Wasena Park in the City of Roanoke. The proposed project also includes the demolition and removal of an existing concrete dam, which currently contains a 42-inch diameter sewer line that will be replaced immediately downstream with the proposed sewer lines. Staff recommends inclusion of our standard instream permit conditions.

2J. NAVAL FACILITIES ENGINEERING COMMAND, #07-2540, requests a modification to a previously authorized project to now install two (2) 42-inch diameter concrete stormwater outfalls extending approximately one-foot through an existing bulkhead, each to be fitted with tide check valves, adjacent to the P-201V Aircraft Maintenance Hangar situated along Willoughby Bay at Naval Station Norfolk in the City of Norfolk. The proposed modification will also include the temporary construction of cofferdams to accommodate the installation the outfall pipes.

2K. MARINE CORPS BASE QUANTICO, #06-0753, requests authorization to modify an existing permit by directionally boring and installing new potable water, sanitary, electrical, and communication utility lines a minimum of 10-feet below the existing streambed of Chopawamsic Creek in Stafford County.

2L. TOWN OF TANGIER, #08-0125, requests authorization to construct a 415-foot long by 6-foot wide open-pile marginal wharf with associated finger piers, mooring piles, access walkways and marsh toe stone riprap to accommodate 32 boats, adjacent to Town property along Ridge Creek a tributary to North Channel in the Town of Tangier, Accomack County. No dredging is proposed.

2M. BAYMARK CONSTRUCTION CORPORATION, #08-1605, requests authorization to dredge by mechanical methods approximately 3,600 cubic yards of State-owned subaqueous bottom material, on an as needed basis to provide an 80-foot wide channel, with maximum depths of minus seven (-7) feet at mean low water. The dredging is to maintain the access channel from Cherrystone Channel (north of Cape Charles Harbor) to the Bay Creek Marina in Kings Creek, Northampton County. All dredged material will be placed in an approved upland disposal site. The dredging will be confined to the period of October 1 through November 30 in order to minimize the adverse effects to any clam and oyster industries that may be present in or near the project area. Staff recommends the assessment of a royalty in the amount of $90.00 for the new dredging of 200 cubic yards of State-owned subaqueous bottom at a rate of $0.45 per cubic yard. 

2N. REALTY VENTURES GROUP, INC., #08-0453, request authorization construct a 60-foot wide roadway bridge over Swift Creek in conjunction with a proposed residential community development at the applicant's property in Chesterfield County. Recommend our standard instream conditions and a royalty of $7,800.00 for the encroachment over 3,900 square feet of State-owned subaqueous bottomland at a rate of $2.00 per square foot.

2O. WILLIAMS GAS PIPELINE/TRANSCO, #07-1717, requests authorization to construct associated equipment and access crossings of multiple streams and waterbodies, as needed, for the purpose of inspecting, repairing or replacing petroleum pipeline segments in Appomattox, Buckingham, Fluvanna, and Louisa Counties. Staff recommends the inclusion of our standard instream construction conditions. In addition, since the James, Hardware, and Rivanna, rivers are designated as potential anadromous fish use areas, staff recommends a time-of-year restriction of March 15 to June 30 be imposed. The Hardware River is also designated a Threatened and Endangered Species river due to the presence of the Federal/State endangered James River spinymussel. To minimize potential adverse impacts upon this species, staff also recommends that the permittee be required to coordinate any instream repairs in this river or its perennial tributaries with the Department of Game and Inland Fisheries and the U.S. Fish and Wildlife Service. Finally, staff recommends that an additional royalty in the amount of $3.00 per linear foot be assessed for any instream repairs that require the removal and replacement of anomalous line segments.