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COMMISSION ACTIONS September 25, 2018

** APPROVAL OF AGENDA. THE AGENDA WAS UNANIMOUSLY APPROVED AS MODIFIED TO INCLUDE A REQUEST FOR PUBLIC HEARING BY THE FISHERIES MANAGEMENT DIVISION TO CONSIDER AN AMENDMENT TO REGULATION 4VAC 20-910-10 PERTAINING TO SCUP (PORGY). [audio]

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED BY A VOTE OF 5 TO 0 WITH 3 ABSTENTIONS. ASSOCIATE COMMISSIONERS LUSK, MINOR AND EVERETT ABSTAINED. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). ITEMS 2A & 2B WERE APPROVED BY UNANIMOUS VOTE. [audio]

3. CONSENT AGENDA ITEMS. ITEM 3A WAS APPROVED BY UNANIMOUS VOTE. [audio]

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

5. KEVIN WADE, #18-0496 Requests authorization to place up to 700 floating shellfish cages within a 400' x 600' area over his existing oyster planting ground lease #17804 in Milford Haven, Mathews County. The application is protested by numerous nearby property owners. APPROVED PER STAFF RECOMMENDATION BY A VOTE OF 4 TO 2 WITH 2 ABSTENTIONS. ASSOCIATE COMMISSIONERS BALLARD AND ZYDRON VOTED NAY, ASSOCIATE COMMISSIONERS LUSK AND MINOR ABSTAINED. [audio]

6. CITY OF NORFOLK, #18-0920 Requests authorization to excavate 125 cubic yards of sand, regrade and plant native grasses on a jurisdictional dune on the private property of 9712 9th Bay Street in the City of Norfolk. The project requires a dune and beach permit. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION. [audio]

7. DEPARTMENT OF THE ARMY, #18-1146 Requests authorization to construct 215 linear feet of riprap revetment within non-vegetated wetlands and install three (3) 600 square foot open-pile piers along the Appomattox River, at the Mechling Training Center in Fort Lee in Prince George County. The project requires a subaqueous and wetlands permit. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION [audio]

8. PRESERVE ON ELIZABETH OWNERS ASSOC., #18-1189 Requests authorization to construct a total of 483 linear feet of marsh toe sill with sand backfill and planted native wetland vegetation, construct a 6-foot wide by 107-foot long community pier with a 24-foot by 36-foot platform, install a 3-foot by 12-foot kayak ramp and 3-foot by 12-foot kayak access stairs along the Intercoastal Waterway at 200 Conservation Reach in Chesapeake. The project requires a wetlands permit. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION [audio]

9. ANDREW A. KURFEES, Oyster Planting Ground Application #2018-060 Requests authorization to lease up to 204 acres within the Rappahannock River in Lancaster County. The application is protested a nearby property owner and an adjacent leaseholder. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION [audio]

10. BRIAN RECHTENBAUGH, #17-1334 Requests after-the-fact authorization to retain fill within vegetated tidal wetlands and 150 linear feet of riprap revetment to aid in flood mitigation along a tributary to the Southern Branch Elizabeth River at 700 Seagrass Reach in the City of Chesapeake. The project requires a wetlands permit. THIS ITEM WAS CONTINUED UNTIL THE COMMISSION'S OCTOBER 30, 2018 MEETING. [audio]

11. PUBLIC COMMENTS [audio]

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to establish the fall 2018 commercial offshore (federal waters) summer flounder fishery management measures. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION. [audio]

13. PUBLIC HEARING Proposal to establish the emergency amendment as a permanent part of regulation to Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," that sets a September 30, 2018 closure date for the commercial cobia fishery. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION. [audio]

14. RECOMMENDATION Recommendations from the Recreational Fishing Advisory Board on proposed project expenditures from the Virginia Saltwater Recreational Fishing Development Fund. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION. [audio]

15. REQUEST FOR PUBLIC HEARING Request to amend Chapter 4 VAC 20-995-10 et seq., "Pertaining to Commercial Hook-and-Line," to modify and clarify existing language. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION. [audio]

16. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy)," to increase the trip limit from 18,000 pounds to 28,500 pounds for the commercial Winter II period fishery of October 1 through December 31. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION. [audio]

PAGE 2 ITEMS [audio]

A. VIRGINIA ELECTRIC AND POWER COMPANY, #18-0725 Requests authorization to rebuild an existing 115kV transmission line across the Rappahannock River adjacent to and downstream (SE) of the Route 3 Norris Bridge between Middlesex and Lancaster Counties. The transmission line will be installed by horizontal directional drill (HDD) method approximately 100 feet below the riverbed except at two (2) splice points where the transmission line will be installed by a jet-plow three (3) feet below the bottom . Two (2) 20,000 square foot, temporary work platforms will be required at the splice locations. The existing overhead lines and support towers will be removed from the river and bridge structure upon completion of the new underground line. Recommend approval with a time-of-year (TOY) restriction from February 15 to June 15 for the driving of hollow steel piles for the work platforms to protect anadromous fish species, and the use of additional mitigative measures outside of the TOY restriction to include "ramp-up" methods, pile cap cushion blocks, and isolation casings to further reduce the acoustic impacts associated with pile driving on other resident fish and crustacean species, as well as a permit condition to include the "Dominion Energy Inadvertent Contingency Plan" to address any accidental drilling fluid release during the transmission line installation. Recommend an annual royalty at a rate of $0.20 per square foot for the temporary encroachment of the work platforms while in the river. This permit will replace the previous authorization for an overhead line. The royalty for the power line crossing itself was paid when the previous VMRC permit was issued. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

B. TRANSCONTINENTAL GAS PIPE LINE COMPANY, #18-0853 Requests authorization to cross Owl Run, Cedar Run, and Walnut Branch in Fauquier County and South Run and Kettle Run in Prince William County with a new, 42-inch diameter natural gas pipeline as part of the Manassas Loop project. The new line will be installed in the dry using the dam and pump method a minimum of five (5) feet below the natural streambed. Recommend approval with the inclusion of our standard in-stream work and erosion and sediment control conditions and a royalty in the amount of $360.00 for the crossing of 120 linear feet of State-owned subaqueous bottom at the standard rate of $3.00 per linear foot. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION

PAGE 3 ITEMS [audio]

A. SHOOTING POINT SEAFOOD, LLC, #18-0973 Requests after-the-fact authorization to retain a 12-foot long by 4-foot wide section of an existing 47-foot long commercial wharf adjacent to their property along Nassawadox Creek in the village of Bayford in Northampton County. The applicant also requests authorization to construct a 77-foot long open-pile loading pier, a 60-foot by 24-foot open-pile aquaculture platform, a 30-foot long by 4-foot wide addition to the above 47-foot long by 4-foot wide open-pile wharf with a 25-foot long by 6-foot wide connection ramp to the aquaculture platform, and install two (2) 10-foot by 20-foot aquaculture flupsy upweller floats. The applicant has agreed to pay a $1,000.00 civil charge, triple permit fees of $300.00 and royalties totaling $1,731.50 in lieu of further enforcement action. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION



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