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COMMISSION ACTIONS November 1, 2016

** APPROVAL OF AGENDA. UNANIMOUSLY APPROVED WITH THE ADDITION OF AGENDA ITEM 22 PERTAINING TO A REQUEST FOR PUBLIC HEARING ON LICENSE FEE INCREASES. [audio]

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

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). NONE [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. JEAN CASE, #16-1320 Commission review and appeal by 41 freeholders of the Mathews County Wetlands Board decision to authorize the installation of 525 linear feet of riprap revetment along the East River shoreline at 726 Turpin Lane in Mathews County. UNANIMOUSLY APPROVED STAFF'S RECOMMENDATION TO CONTINUE THE MATTER TO ALLOW THE MATHEWS WETLANDS BOARD TO HEAR A REVISED PROPOSAL. [audio]

6. GEORGE P. ARNOLD, #16-0863 Requests authorization to construct 63 linear feet of riprap revetment along a jurisdictional beach, construct a 200-foot long by 5-foot wide open-pile private pier with a 12-foot by 16-foot T-head platform, an 8-foot by 12-foot floating pier, and two (2) boatlifts along Willoughby Bay adjacent to 1119 Little Bay Avenue in the City of Norfolk. The project requires a dune/beach and subaqueous permit. UNANIMOUSLY APPROVED AS PROPOSED. [audio]

7. CHESAPEAKE LANDING HOME OWNERS ASSOCIATION, #16-1200 Requests authorization to install a 20-foot wide stone groin extending 70 feet channelward of mean low water with a 20-foot by 30-foot stone spur and place 50 cubic yards of beach nourishment upon 300 square feet of subaqueous bottom along the Chesapeake Bay shoreline near Thimble Shoals Court in the City of Hampton. The project requires a dune/beach and subaqueous permit. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION WITH A ROYALTY OF $15.00 FOR THE ENCROACHMENT OF THE BEACH NOURISHMENT ON 300 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT $0.05 PER SQUARE FOOT. [audio]

8. G. H. GUY, III, #16-1373 Requests authorization to construct an armor stone sill, three (3) Class II stone breakwaters, four (4) stone spurs and place 1,630 cubic yards of sandy backfill along approximately 1,600 linear feet of shoreline to facilitate the establishment of 12,625 square feet of tidal wetlands and beach grass vegetation for the purpose of erosion control at property (432 Bellevue Lane) situated along the York River in King and Queen County. The project requires a dune/beach and subaqueous permit. UNANIMOUSLY APPROVED AS PROPOSED WITH A ROYALTY IN THE AMOUNT OF $90.75 FOR THE PROPOSED BEACH NOURISHMENT OF 1,815 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $0.05 PER SQUARE FOOT. [audio]

9. DEPARTMENT OF TRANSPORTATION, #15-1582 Requests authorization to replace the existing Route 460 bridge with a clear span bridge consisting of four (4) travel lanes and associated road shoulders over 20 linear feet of the Blackwater River, install a culverted crossing over 20 linear feet of Burnt Mills Swamp raising and widening the existing Route 460 highway to four (4) travel lanes with associated road shoulders, and install (4) four travel lanes and associated road shoulders over 750 linear feet of Ennis Mill Pond near Shiloh Drive and over 20 linear feet of Ennis Mill Pond between Shiloh Drive and the existing Route 460 highway as part of the Virginia Department of Transportation Route 460 Improvement Project in Isle of Wight County. The project is protested by an adjacent property owner and the City of Norfolk. UNANIMOUSLY APPROVED AS PROPOSED [audio]

10. CUONG D. VU, #16-0309 Requests authorization to construct an 80-foot by 18-foot spur-breakwater extending from an existing revetment and a 145-foot by 18-foot riprap breakwater with 650 cubic yards of sand placed landward of the breakwater as beach nourishment adjacent to property situated along the York River at 8901 Cook Drive in Gloucester County. The project is protested by an adjoining property owner. UNANIMOUSLY APPROVED AS PROPOSED [audio]

11. CITY OF VIRGINIA BEACH, #16-1273 Requests authorization to install two (2) new channel marker buoys in the Keelings Drain section of the City's Eastern Branch of the Lynnhaven River municipal channel. The proposal is protested by an adjacent oyster ground leaseholder. UNANIMOUSLY APPROVED AS PROPOSED [audio]

12. PORTSMOUTH ENGINEERING DEPARTMENT, #15-0769 Requests after-the-fact authorization for a temporary sheet-pile cofferdam installation for the replacement of a previously approved articulated concrete boat ramp with a concrete slab at the Portsmouth City Park along the Western Branch at the Elizabeth River in the City of Portsmouth. UNANIMOUSLY APPROVED AS PROPOSED [audio]

13. MARK SANFORD, Oyster Planting Ground Application #2012-038 Requests authorization to lease approximately one (1) acre of oyster planting grounds within the Eastern Branch of the Lynnhaven River in the City of Virginia Beach. The application is protested. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION [audio]

14. PUBLIC COMMENTS Mark Sanford requested the Commission look into lowering the minimum size for speckled trout to 12 inches, like it is for grey trout. The Commission directed Mr. Sanford to meet with Fisheries Chief O'Reilly to discuss this further. [audio]

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

16. PUBLIC HEARING Amendments to Emergency Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to modify current commercial summer flounder management measures. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-620-10 ET SEQ."PERTAINING TO SUMMER FLOUNDER," TO MODIFY THE LANDING PERIOD AND START DATE, AND TO SET THE TRIP LIMIT AT 7,500 POUNDS. [audio]

17. PUBLIC HEARING Amendments to Emergency Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to clarify eligibility for transferring the oyster resource user fee. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4VAC20-720-10, ET SEQ., "PERTAINING TO RESTRICTIONS ON OYSTER HARVEST", CLARIFYING THE ELIGIBILITY FOR TRANSFERRING THE OYSTER RESOURCE USER FEE. [audio]

18. PUBLIC HEARING To modify Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," to comply with Addendum IV to the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for Coastal Sharks by January 1, 2017. THE COMMISSION APPROVED STAFF RECOMMENDATION TO ESTABLISH A HARVEST COMPOSITION REQUIREMENT OF AT LEAST 25% OF SMOOTH DOGFISH, BY WEIGHT, IN ORDER TO COMPLETELY PROCESS AND REMOVE SMOOTH DOGFISH FINS AT SEA TO COMPLY WITH ADDENDUM IV TO THE ATLANTIC STATES MARINE FISHERIES COMMISSION'S INTERSTATE FISHERY MANAGEMENT PLAN FOR ATLANTIC COASTAL SHARKS. [audio]

19. PUBLIC HEARING Amendments to Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," to establish an alternate trip limit for the commercial spiny dogfish fishery. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4VAC20-490-10 ET SEQ. "PERTAINING TO SHARKS," TO ALLOW FOR A TOLERANCE TO THE CURRENT 5,000-POUND COMMERCIAL TRIP LIMIT, AS WELL AS AN INCREASE IN THE TRIP LIMIT TO 6,000 POUNDS, IF BY FEBRUARY 15, 2017 LANDINGS IN VIRGINIA ARE LESS THAN 80% OF THE 2016-17 QUOTA. [audio]

20. PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass" to streamline buyer reporting requirements. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO STREAMLINE BUYER REPORTING REQUIREMENTS. [audio]

21. REQUEST FOR PUBLIC HEARING Amendments to Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," and Chapter 4 VAC 20-1120-10 et seq., "Pertaining to Tilefish and Groupers," to streamline and standardize mandatory reporting requirements for recreational fisheries. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A DECEMBER 13, 2016 PUBLIC HEARING TO DISCUSS CHANGES TO THE MANDATORY RECREATIONAL REPORTING REQUIREMENTS FOR THE SPRING TROPHY STRIPED BASS FISHERY AND THE TILEFISH-GROUPER FISHERY, AS WELL AS THE COBIA FISHERY WHEN REPORTING BECOMES MANDATORY IN 2017. THESE CHANGES INCLUDE REDUCING THE AMOUNT OF REQUIRED DATA AND STANDARDIZING THESE REQUIREMENT ACROSS THE THREE FISHERIES. [audio]

22. REQUEST FOR PUBLIC HEARING To increase commercial license fees. THE COMMISSION APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A DECEMBER 13TH PUBLIC HEARING TO INCREASE COMMERCIAL LICENSE FEES. [audio]



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