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COMMISSION ACTIONS June 28, 2016

** APPROVAL OF AGENDA. UNANIMOUSLY APPROVED THE AGENDA AS WRITTEN. [audio]

1. MINUTES of previous meeting. UNANIMOUSLY APPROVED AS WRITTEN [audio]

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

3. CONSENT AGENDA ITEMS. NONE [audio]

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. THE COMMISSION WENT INTO EXECUTIVE SESSION TO DISCUSS A LEGAL MATTER IN ACCORDANCE WITH THE CODE OF VIRGINIA. [audio]

5. KENNETH CAMPBELL, #15-0939 Requests authorization to grade and lower existing tidal wetlands and remove existing intertidal rubble to restore navigable access to an existing canal inlet; and install a new portion of a riprap revetment and create vegetated wetlands at 3904 Parkway Road, situated along the Western Branch of the Elizabeth River in Chesapeake. The project requires a wetlands permit. UNANIMOUSLY APPROVED THE PROJECT CONDITIONED UPON THE EXCAVATION ONLY OCCURRING DURING LOW WATER CONDITIONS WHEN THE BOTTOM SUBSTRATE IS EXPOSED. [audio]

6. JAMES RIVER WATER AUTHORITY, #14-0343 Requests authorization to install a 5.82 MGD raw water intake along the north bank of the James River and a submerged waterline beneath the Rivanna River, near the Town of Columbia, in Fluvanna County. The project is protested. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT CONTINGENT ON AN INSTREAM WORK TIME-OF-YEAR RESTRICTION (TOYR) OF MARCH 15 TO JUNE 30 TO PROTECT ANADROMOUS FISHES AND FRESHWATER MUSSELS, A MUSSEL SURVEY AND RELOCATION PRIOR TO CONSTRUCTION, AS WELL AS AN ADDITIONAL AUGUST 15 TO SEPTEMBER 30 TOYR TO PROTECT STATE-LISTED MUSSEL SPECIES. ADDITIONALLY, THE COMMISSION VOTED TO HOLD THE PERMIT IN ABEYANCE UNTIL AN EASEMENT ACROSS MR. BIALKOWSKI’S PROPERTY IS OBTAINED. [audio]

7. GUY WALLACE, #16-0562 Requests authorization to install a 10-foot by 20-foot floating dock as an addition to an existing private pier, and after-the fact authorization for a 29-foot by 15-foot enclosed boathouse along Bennetts Creek at 6000 Bennetts Creek in the City of Suffolk. UNANIMOUSLY VOTED TO APPROVE THE PROJECT. [audio]

8. HOG ISLAND BAY SAV SET-ASIDE AREA Staff requests authorization to reduce the seagrass restoration set-aside area in Hog Island Bay, southeast of High Shoal Marsh by 45.18 acres in Northampton County. The redefined set-aside area would now be 462.72 acres. The request is based on the area not being suitable to sustain submerged aquatic vegetation. VOTED 7 TO 0 WITH ASSOCIATE COMMISSIONER BALLARD ABSTAINING TO REDEFINE THE SET-ASIDE AREA BY REMOVING THE 45 ACRE AREA. [audio]

9. RICHARD and PATRICIA GREEN, #2014-161 Requests authorization to lease up to 105 acres of oyster planting grounds within the James River in the City of Newport News. The application is protested by J. H. Miles Company, Inc and Joseph L. Melzer, Jr. THE COMMISSION VOTED 5-1-2 TO APPROVE THE LEASE APPLICATION WITH COMMISSIONER BULL VOTING AGAINST THE REQUEST AND ASSOCIATE COMMISSIONERS NEIL AND KELLUM ABSTAINING. [audio]

10. J. H. MILES COMPANY, INC., #2014-253 Requests authorization to lease up to 105 acres of oyster planting grounds within the James River in the City of Newport News. The application was submitted in association with a protest to a prior application for the same area by Richard and Patricia Green and Joseph L. Melzer jr. THE PROJECT WAS DENIED BASED UPON THE ACTION TAKEN ON THE PREVIOUS LEASE REQUEST (RICHARD AND PATRICIA GREEN 2014-161) [audio]

11. PUBLIC HEARING Chapter 4 VAC 20-1320-10 et seq., "Pertaining to a restricted area within the James River at the Maritime Administration James River Reserve Fleet." The Commission proposes to adopt Regulation 4 VAC 20-1320-10 et seq., establishing a restricted area, within the James River, at the Maritime Administration James River Reserve Fleet, Fort Eustis, Virginia. UNANIMOUSLY APPROVED THE PROPOSED REGULATION. [audio]

12. PUBLIC COMMENTS Mr. Robert Meyers of Exmore, Va. wrote a letter to the Commission about the June 21, 2016 Menhaden spill, asking it be read into the Commission Record. Rob O'Reilly, the Fisheries Chief summarized Mr. Meyers letter to the Commission and then asked it be placed in the Commission's record. Mr. O'Reilly also told the Commission he reached out to the licensee who holds the menhaden bait license to get his side of the story and he told the Fisheries Chief he had an insurance representative on site for four days, talking with property owners to reassure them the fish would be picked up. He also indicated a clean up firm had been hired and they worked from Thursday through Saturday at 5:00PM cleaning up the fish. [audio]

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

14. PUBLIC HEARING Proposal to amend Chapters 4 VAC 20-270-10 et seq., "Pertaining to Crabbing"; 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters"; and, 4 VAC 20-670-10 et seq., "Pertaining to Recreational Gear Licenses." Proposal to rescind Chapter 4 VAC 20-30-10 et seq., "Pertaining to the Licensing of Crab Traps and Pounds" and incorporate those provisions into 4 VAC 20-460-10 et seq., "Pertaining to the Use of Crab Traps and Pounds." THE COMMISSION VOTED UNANIMOUSLY TO (A) ESTABLISH MARCH 1 TO DECEMBER 20, 2017 AS THE COMMERCIAL CRAB POT SEASON (B) TO MAINTAIN THE CLOSED WINTER CRAB DREDGE FISHERY SEASON (C) TO ALLOW CRAB POUND HARVESTERS 2 WEEKS IN ADVANCE OF THE OPEN SEASON TO ESTABLISH ALL AUXILIARY GEAR RELATED TO THE CRAB POUND, EXCEPT THE HEAD OR RETENTION BOX, BUT NOT FISH UNTIL THE SEASON STARTS. THE COMMISSION VOTED 4-3 TO NOT MAKE ANY CHANGES TO THE RECREATIONAL FISHERY. [audio]

15. EMERGENCY REGULATION To amend Chapter 4 VAC 20-1090-10 ET SEQ., "Pertaining to Licensing Requirements and License Fees" to make changes to recreational 5 crab pot licensing consistent with upcoming changes in Section 28.2-226.2 of the Code of Virginia. THE COMMISSION APPROVED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-1090-10 ET SEQ TO COMPLY WITH THE CODE OF VIRGINIA AND TO ADVERTISE FOR PUBLIC HEARING AT THE AUGUST 2016 MEETING. [audio]

PAGE 2 ITEMS [audio]

A. DEPARTMENT OF THE NAVY, #16-0447 Requests authorization to place fill within an approximately 3,300 foot long by a minimum of 6 foot deep excavated trench for the replacement of underground electric and fiber optic cables in the Elizabeth River adjacent to the Navy Deperming Station in the City of Norfolk. UNANIMOUSLY APPROVED AS PROPOSED.

B. VIRGINIA NATURAL GAS, #16-0647 Requests authorization to install 787 linear feet of 12-inch steel pipeline using horizontal directional drilling methods, approximately 68 feet below the substrate of the Lafayette River, adjacent to the Granby Street Bridge in the City of Norfolk. Staff recommends approval with a royalty in the amount of $2,361.00 for the encroachment over 787 linear feet of State-owned subaqueous land at a rate of $3.00 per linear foot. UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED WITH A ROYALTY IN THE AMOUNT OF $2,361.00 FOR THE ENCROACHMENT OVER 787 LINEAR FEET OF STATE-OWNED SUBAQUEOUS LAND AT A RATE OF $3.00 PER LINEAR FOOT.

C. CORMAN-EV WILLIAMS, A JOINT VENTURE, #16-0194 Requests authorization to relocate and realign a portion of Broad Creek that runs adjacent to and under Military Highway south of Lewis Road, and to construct riprap splash protection for a new storm water outfall in Broad Creek in order facilitate improvements to 1.58 miles of Military Highway in the City of Norfolk. Staff recommends approval with a condition that the permit shall be transferred to VDOT upon completion of the project. UNANIMOUSLY APPROVED THE PROJECT CONDITIONED UPON THE PERMIT BEING TRANSFERRED TO VDOT UPON COMPLETION OF THE PROJECT.



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