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COMMISSION ACTIONS April 25, 2017

** APPROVAL OF AGENDA. UNANIMOUSLY APPROVED THE AGENDA WITH THE ADDITION OF ITEM 13 CONCERNING A REQUEST FOR AN EMERGENCY AMENDMENT TO CHAPTER 4 VAC 20-720-10 ET SEQ., TO MODIFY THE TIMING WHEN OYSTER HARVESTERS MAY PAY THE OYSTER RESOURCE USER FEE. [audio]

1. MINUTES of previous meeting. APPROVED 7-0 AS WRITTEN WITH ASSOCIATE COMMISSIONER TANKARD ABSTAINING [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). UNANIMOUSLY APPROVED ITEMS 2A, 2B, AND 2C AS RECOMMENDED BY STAFF [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. NONE [audio]

5. DONALD and MARY PADGETT, #17-0022 Request authorization to install approximately 50 linear feet of 5-foot tall interlocking PVC sheet piling, immediately adjacent to an exposed concrete house foundation, situated at 347 Villa Road, adjacent to the James River in Surry County. The project requires a dune/beach permit. UNANIMOUSLY APPROVED AS PROPOSED. [audio]

6. VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS, #17-0174 Requests authorization to retain two (2) existing channel marker buoys in the Keelings Drain section of the City's Eastern Branch of the Lynnhaven River municipal channel. UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED WITH THE ASSESSMENT OF A PERMIT FEET OF $75, TRIPLE THE NORMAL RATE OF $25.00 AS PROVIDED FOR IN SECTION 28.2-1206(D) BASED ON THE AFTER-THE-FACT NATURE OF THE APPLICATION. [audio]

7. DISCUSSION Update of Regulation 4 VAC 20-120-10 ET SEQ. "Pertaining to the Promulgation of a Public Notice on Applications to Encroach In, On, or Over Subaqueous Lands of the Commonwealth" UNANIMOUSLY APPROVED STAFF'S REQUEST TO MOVE FORWARD WITH THE DEVELOPMENT OF AN AMENDED REGULATION PERTAINING TO THE PROMULGATION OF PUBLIC NOTICES FOR APPLICATIONS TO ENCROACH IN, ON, OR OVER STATE-OWNED SUBMERGED LANDS. [audio]

8. PUBLIC COMMENTS No Public Comments [audio]

9. OFFENDERS: THE COMMISSION HEARD 2 CASES OF OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. [audio]

10. PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish", to establish the 2017 Virginia commercial bluefish quota as 1,014,773 pounds. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-450-10 ET SEQ., "PERTAINING TO THE TAKING OF BLUEFISH", TO ESTABLISH THE 2017 COMMERCIAL BLUEFISH QUOTA AT 1,014,773 POUNDS. [audio]

11. DISCUSSION Presentation of 2016-2017 Blue Crab Winter Dredge Study results. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO DO A REQUEST FOR PUBLIC HEARING AT THE MAY 2017 COMMISSION MEETING AND TO ADVERTISE IN MAY FOR A PUBLIC HEARING AT THE JUNE 2017 COMMISSION MEETING. [audio]

12. REQUEST FOR AN EMERGENCY AMENDMENT Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy)", to establish the 2017 Virginia Summer period commercial quota as 11,812 pounds. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT THE 2017 VIRGINIA COMMERCIAL SUMMER (MAY THROUGH OCTOBER) SCUP QUOTA OF 11,812 POUNDS. THE COMMISSION ALSO APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A MAY 2017 PUBLIC HEARING TO ADOPT THE AMENDMENTS AS PERMANENT REGULATION. [audio]

13. REQUEST FOR AN EMERGENCY AMENDMENT Request for an emergency amendment to Chapter 4 VAC 20-720-10 et seq., to modify the timing when oyster harvesters may pay the oyster resource user fee. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT THE EMERGENCY AMENDMENT TO CHAPTER 4 VAC 20-720-10 ET SEQ., TO MODIFY THE TIMING WHEN OYSTER HARVESTERS MAY PAY THE OYSTER RESOURCE USER FEE. THE COMMISSION ALSO APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A PUBLIC HEARING AT THE MAY 2017 COMMISSION MEETING. [audio]

PAGE 2 ITEMS [audio]

A. LEHIGH CEMENT CO. LLC, #17-0321 Requests authorization to construct 300 linear feet of new bulkhead two (2) feet channelward of an existing bulkhead, including a concrete cap, along Hampton Roads, at the Lehigh Cement Company facility at 8791 Hampton Boulevard in Norfolk. Staff recommends approval with a royalty of $3,000.00 for the filling of 600 square feet of State-owned subaqueous land at a rate of $5.00 per square foot and $1,200.00 for the encroachment over 600 square feet at a rate of $2.00 per square foot. UNANIMOUSLY APPROVED AS PROPOSED WITH A ROYALTY OF $3,000.00 FOR THE FILLING OF 600 SQUARE FEET OF STATE-OWNED SUBAQUEOUS LAND AT A RATE OF $5.00 PER SQUARE FOOT AND A ROYALTY OF $1,200.00 FOR THE ENCROACHMENT OVER 600 SQUARE FEET AT A RATE OF $2.00 PER SQUARE FOOT.

B. CITY OF HAMPTON, #17-0304 Requests authorization to install an 8-foot wide open-pile pier extending 90 feet channelward of mean low water with a 7.5-foot wide by 55-foot long aluminum gangway attached to a 30-foot wide by 209-foot long floating pier designed to cradle sailing vessels along Mill Creek at the Hampton Recreation Center on Fort Monroe in the City of Hampton. UNANIMOUSLY APPROVED AS PROPOSED.

C. TELXIUS, #16-1304 Requests authorization to install a trans-Atlantic fiber optic telecommunications cable extending from a previously permitted and existing submerged conduit within the Atlantic Ocean adjacent to 920 Vanderbilt Avenue (Croatan Beach Municipal Parking Lot) in Virginia Beach to the Commonwealth's three (3) nautical mile offshore boundary. The submerged cable will be installed by a cable sea plow within a 100 meter corridor to a depth of approximately 1.5 meters below the seabed. Staff recommends approval with a royalty of $45,570.00 for the encroachment under 15,190 linear feet of State-owned submerged bottom at a rate of $3.00 per linear foot. APPROVED AS PROPOSED WITH A ROYALTY OF $45,570.00 FOR THE ENCROACHMENT UNDER 15,190 LINEAR FEET OF STATE-OWNED SUBMERGED BOTTOM AT A RATE OF $3.00 PER LINEAR FOOT.



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