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COMMISSION ACTIONS JUNE 24, 2014

**** Commissioner Bull introduced Matt Hull, the agency’s new attorney assigned by the Office of Attorney General.

**** Commissioner Bull thanked Associate Commissioner Ed Tankard for his eight years of service on the Commission.  This was expected to be his last meeting.  He is prohibited by law from serving another term.  The audience, and the Commission, gave him a standing ovation.
[Commissioner Bull's Comments]

** APPROVAL OF AGENDA.  THE MEETING AGENDA WAS APPROVED WITH THE ADDITION OF ITEM 15, A REQUEST FOR A PUBLIC HEARING AT THE JULY MEETING TO ADJUST THE COMMERCIAL BLUEFISH QUOTA.  ASSOCIATE COMMISSIONERS BOBBY BECK AND WHITT SESSOMS WERE ABSENT FROM THE MEETING.
[Audio Item Agenda]

1.  MINUTES of previous meeting. THE MINUTES OF THE COMMISSION’S MAY MEETING WERE APPROVED UNANIMOUSLY.
[Audio Item 1]

2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).  THESE THREE SO-CALLED PAGE TWO ITEMS, DELINEATED IN DETAIL BELOW AS AGENDA ITEMS 2A, 2B, AND 2C, WERE APPROVED UNANIMOUSLY.
[Audio Item 2]

3.  CONSENT AGENDA ITEMSNONE.
[Audio Item 3-4]

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

5.  GIRL SCOUT COUNCIL OF COLONIAL COAST #14-0625, requests authorization to construct two (2) 7-foot by 38-foot sections of riprap revetment to stabilize the shoreline beneath an existing bridge situated along Bells Mill Creek in Chesapeake.  The project requires a wetlands permit.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT, IN KEEPING WITH STAFF RECOMMENDATION, CONDITIONED UPON THE PURCHASE OF 24 SQUARE FEET OF WETLANDS CREDITS FROM THE LIBERTYVILLE MITIGATION BANK IN CHESAPEAKE. 
[Audio Item 5]

6.  COREY SCHULTZ, #14-0483, requests after-the-fact authorization to retain and relocate five (5) concrete block structures adjacent to an existing concrete boat ramp at and adjacent to his property designated as lot 19 near Vista Road along the James River in the Town of Claremont in Surry County.  The project requires a Coastal Sand Dune and Beaches permit.  THE COMMISSION VOTED UNANIMOUSLY TO AUTHORIZE THE APPLICANT TO RETAIN FIVE CONCRETE BLOCK STRUCTURES, WITH A PERMIT CONDITION THAT THE BLOCKS BE REORIENTED IN THEIR CURRENT CONFIGURATION SO THAT NONE OF THE BLOCK STRUCTURES EXTEND MORE THAN 12 INCHES ABOVE THE EXISTING CONCRETE BOAT RAMP.
[Audio Item 6]

7.  ANTHONY ENGLISH, #13-0890, requests after-the-fact authorization to retain a 5-foot wide by 27.5-foot long roofed structure over an existing finger pier and an 8-foot wide by 16-foot long finger pier at his private, non-riparian pier servicing 1217 Little Bay Avenue situated along Willoughby Bay in Norfolk. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AFTER-THE-FACT REQUEST.  THE COMMISSION DID NOT ASSESS A CIVIL CHARGE. 
[Audio Item 7]

8.  BOXLEY ASPHALT, LLC (FORMERLY TEMPLETON PAVING, LLC), #13-0624 and #13-0627, requests reauthorization to dredge by dragline, between 100 – 3,500 cubic yards of sand per year from State-owned submerged land at their Otter #2 site in the Big Otter River in Campbell County and at their Rivanna-Kent site in the Rivanna River in Fluvanna County.  The Campbell County Site is protested by an adjacent property owner.  THE COMMISSION VOTED UNANIMOUSLY TO APPROVE A 5-YEAR PERMIT WITH A ONE-TIME ROYALTY ASSESSMENT OF $1,050 FOR THE OTTER #2 MINING SITE ON THE BIG OTTER RIVER IN CAMPBELL COUNTY, WITH A $1,000 CIVIL CHARGE FOR THE APPLICATION AND THE ASSESSMENT OF A BACK ROYALTY PAYMENT OF $1,464 FOR MINING THAT OCCURRED DURING THE PREVIOUS FIVE YEARS.

THE COMMISSION ALSO UNANIMOUSLY APPROVED A 5-YEAR PERMIT WITH A ONE-TIME ROYALTY OF $30 FOR THE RIVANNA-KENT MINING SITE ON THE RIVANNA RIVER IN FLUVANNA COUNTY WITH NO CIVIL CHARGE OR BACK ROYALTY SINCE NO MINING ACTIVITY HAS OCCURRED AT THIS SITE IN THE PREVIOUS FIVE YEARS.  CONDITIONS WERE INCLUDED TO PROTECT FISH AND MUSSEL SPECIES

IN ADDITION, THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PERMITTING PROCEDURE DEVELOPED BY STAFF TO ADDRESS EXISTING UNPERMITTED RIVER SAND MINING OPERATIONS IN NON-TIDAL WATERWAYS. 

[Audio Item 8]

9.  PUBLIC COMMENT. NONE.
[Audio Item 9a][Audio Item 9b]

10.  FORMAL HEARING:  Mr. Ronald W. Collier Sr. requests a hearing under Code Section 28.2-216 to appeal the Commission’s decision in April to suspend his commercial fishing licenses for two years.  MR. COLLIER DID NOT ATTEND THE HEARING HE REQUESTED.  AS A RESULT, THE COMMISSION TOOK NO ACTION AND HIS FISHING LICENSES REMAIN REVOKED.
[Audio Item 10]

11.  FAILURE TO REPORT:  Cases involving failure to report commercial harvests, in accordance with Chapter 4VAC20-610-10 et seq., “Pertaining to Commercial Fishing and Mandatory Harvest Reporting.”  THE COMMISSION POSTPONED THIS ITEM UNTIL THE JULY COMMISSION MEETING.
[Audio Item 11]

12.  PUBLIC HEARING:  Amendments to Chapter 4VAC20-910-10 et seq. “Pertaining to Scup (Porgy),” to lower the recreational possession limit for scup.  THE COMMISSION VOTED UNANIMOUSLY TO LOWER THE RECREATIONAL POSSESSION LIMIT FROM 50-30 FISH IN ORDER TO MAINTAIN COMPLIANCE WITH THE ATLANTIC STATES MARINE FISHERIES COMMISSION’S INTERSTATE MANAGEMENT PLAN FOR SCUP.
[Audio Item 12]

13.  PUBLIC HEARING:  Amendments to Chapter 4VAC20-270-12 et seq. “Pertaining to Crabbing,” to reduce the harvest of female blue crabs by 10% from July 5, 2014 through July 4, 2015, in order to augment spawning potential and help reverse a depleted condition of this resource.  AFTER A THREE-HOUR HEARING, THE COMMISSION VOTED 4-2 (ASSOCIATE COMMISSIONERS JAMES CLOSE AND LYNN HAYNIE VOTED NO) TO ENACT A 10 PERCENT REDUCTION ON THE HARVEST OF FEMALE CRABS OVER THE NEXT YEAR.  THE REDUCTION IMPACTS BOTH THE HARD POT AND PEELER POT FISHERIES, AND IS DESIGNED TO CONSERVE BOTH SPAWNING AGE FEMALE CRABS, WHICH ARE IN A DEPLETED STATE DUE TO A VARIETY OF ENVIRONMENTAL FACTORS, AND TO CONSERVE MORE JUVENILE CRABS SO THEY CAN SPAWN NEXT YEAR TO INCREASE OVERALL STOCK ABUNDANCE.  FIVE MEMBERS OF THE PUBLIC TESTIFIED DURING THE HEARING.
[Audio Item 13]

14.  REQUEST FOR PUBLIC HEARING:  Amendments to Chapter 4VAC20-1090-10 et seq. “Pertaining to Licensing Requirements and License Fees” to update license and license fee provisions. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A PUBLIC HEARING, AND VOTE, AT ITS JULY MEETING TO MAKE CHANGES TO THE LICENSE FEES FOR SEVERAL COMBINATION FRESH-SALTWATER RECREATIONAL FISHING LICENSES, TO REFLECT INCREASES ADOPTED BY THE VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES.
[Audio Item 14]

15.  REQUEST FOR PUBLIC HEARING:  Amendments to chapter 4VAC20-450-10 et seq. “Pertaining to the taking of Bluefish” to adjust the commercial bluefish quota.  THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A PUBLIC HEARING, AND VOTE, AT ITS JULY MEETING TO MAKE CHANGES TO THE COMMERCIAL BLUEFISH QUOTA IN ORDER TO MAINTAIN COMPLIANCE WITH THE ATLANTIC STATES MARINE FISHERIES COMMISSION’S INTERSTATE MANAGEMENT PLAN FOR BLUEFISH.
[Audio Item 15]

THE FOLLOWING SO-CALLED PAGE TWO ITEMS WAS APPROVED UNANIMOUSLY:

2A.  METRO FIBER NETWORKS, INC., #13-1568, requests a permit modification to install 8-foot wide concrete scour protection matting over 176 linear feet of submerged cable in the York River, approximately 1,000 feet upstream of the Coleman Bridge in York County.  Recommend approval contingent on the matting being buried a minimum of one foot below grade, an instream work time-of-year restriction of February 15 to June 30 to protect anadromous fishes and an encroachment royalty of $832.00 for the placement of the matting over 1,664 square feet of State-owned subaqueous land at a rate of $0.50 per square foot.

2B.  ELIZABETH RIVER CROSSINGS OPCO, LLC, #11-1116,
requests authorization to modify an existing permit to install six (6) heavy weather moorings in Barge Mooring Area #2 in Norfolk Harbor, each consisting of a single point mooring system with a swing radius of 400 feet, to be located within a 1,300 foot radius of coordinates 36°52’32.21” N Latitude and 76°20’19.96” W Longitude in association with the construction of an additional tunnel for the Mid-town crossing as part of the U.S. Route 58 Downtown Tunnel/Mid-town Tunnel/Martin Luther King Freeway Expansion Project across the Elizabeth River between the cities of Norfolk and Portsmouth.

2C.  WILLIAMS COMPANIES, #14-0025,
requests authorization to install a 24-inch natural gas main by directional drilling or trench and cofferdam methodology within 20 streams in the Roanoke River watershed in Brunswick, Charlotte, Halifax, Mecklenburg, and Pittsylvania Counties.  Recommend approval contingent on a requirement for a mussel survey and a time-of-year restriction for in-stream work in the Meherrin River and its tributaries during the periods of April 15 through June 15 and August 15 through September 30 to protect endangered mussel species, and a time of year restrictions for in-stream work in Butcher Creek and Allen Creek during the period of March 15 through June 30 to protect endangered fish species, and an encroachment royalty payment of $3,870.00 for the crossings under 1,290 linear feet of State-owned subaqueous lands at a rate of $3.00 per linear foot.

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NONE.



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