COMMISSION ACTIONS August 25, 2020

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS PRESENTED. [audio]

1. MINUTES of previous meeting. THE COMMISSION VOTED 8 TO 0 TO 1 TO APPROVE THE MINUTES AS WRITTEN. ASSOCIATE COMMISSIONER BALLARD ABSTAINED. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION VOTED UNANIMOUSLY TO APPROVE ITEMS 2A AND 2B. [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, #20-0649 Requests authorization to vibratory trench two (2) 1.5-inch conduits under 4,310 linear feet of State-owned marsh in the Walker Marsh area of Accomack County. This is a portion of a proposed cable project that will run from Wallops Flight Facility to the Wallops Island drone runway. A wetlands permit is required for use of a State-owned marsh. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF. [audio]

6. SUFFOLK DEPARTMENT OF PUBLIC WORKS, #19-2094 Requests authorization to modify an existing bridge permit to include replacing an 8-inch gas line raised on timber piles, adjacent to the proposed bridge that will cross Burnett's Mill Creek, along Wilroy Road in the City Suffolk. The project is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF. [audio]

7. LAWRENCE HAYDEN, #19-1189 Requests authorization to construct a 12-foot by 12-foot floating dock, 4-foot wide gangway, a 9-foot pier extension, an additional 72 square feet of decking, 58 linear feet of 4-foot wide catwalk, 9 linear feet of 5-foot wide catwalk, and a 36-foot by 16-foot open-sided boathouse to an existing private open-pile pier at property (135 Linda Drive) along the Warwick River in the City of Newport News. The project is protested by two (2) adjacent property owners. THE COMMISSION VOTED UNANIMOUSLY TO DENY THE PROJECT AS PROPOSED BUT TO ALLOW THE APPLICANT TO SUBMIT REVISED PROJECT DRAWINGS FOR THE PROPOSED BOATHOUSE, WITH THE SAME DIMENSIONS, PROVIDED ITS CHANNELWARD ALIGNMENT DOES NOT EXCEED THAT OF HIS EXISTING OFFSHORE MOORING PILINGS. [audio]

8. LHOIST NORTH AMERICA OF VIRGINIA, INC., #19-1647 Requests after-the-fact authorization to fill three (3) sink holes within Stony Creek adjacent to Big Stoney Creek Road in Giles County. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF. [audio]

9. D & S OYSTERS, LLC, Oyster Planting Ground Application #2019-013 Requests authorization to lease approximately 20 acres of oyster planting ground in the Thorofare in York County. The project is protested by a resident who previously applied for the same area and was denied approval from the Commission. THE ORIGINAL MOTION TO DENY THE APPLICATION WITH NO FUTURE LEASING OF THE GROUND FAILED BY A VOTE OF 3 TO 4 WITH 2 ABSTENTIONS. ASSOCIATE COMMISSIONERS BALLARD, LUSK, FRANCE AND MINOR VOTED NO, COMMISSIONER BOWMAN AND ASSOCIATE COMMISSIONERS ZEDRON AND TANKARD VOTED YES. ASSOCIATE COMMISSIONERS NEIL AND EVERETT ABSTAINED. A NEW MOTION TO DENY THE APPLICATION PASSED BY VOTE OF 7 TO 0 TO 2. ASSOCIATE COMMISSIONERS NEIL AND EVERETT ABSTAINED. [audio]

10. PUBLIC COMMENTS Chris Moore thanked the VMRC for their conservation-minded decision to not implement the striped bass bonus tag program at this time. [audio]

11. PUBLIC HEARING Staff requests to incorporate the emergency amendments that establishes a 500 pound daily per vessel bycatch provision in state waters for the Spanish mackerel commercial fishery to coincide with any federal waters closure announced by the National Marine Fisheries Service as a permanent part of Chapter 4 VAC 20-540-10 et seq., "Pertaining to Spanish and King Mackerel". THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-540-10 ET SEQ., "PERTAINING TO SPANISH MACKEREL AND KING MACKEREL," TO ESTABLISH A 500 POUND DAILY PER VESSEL BYCATCH PROVISION IN STATE WATERS FOR THE SPANISH MACKEREL COMMERCIAL FISHERY TO COINCIDE WITH FEDERAL WATERS CLOSURES AS ANNOUNCED BY THE NATIONAL MARINE FISHERIES SERVICE. [audio]

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-920-10 et seq., "Pertaining to Landing Licenses," and Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder". This proposal is to repeal sections 40 and 45 of Chapter 4 VAC 20-920-10 et seq., "Pertaining to Landing Licenses," and incorporate those sections into Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder". This amendment would also remove the tonnage requirement as it relates to baseline vessels for transfers per the NOAA final rule on the Omnibus Amendment to the Fishery Management Plans of the Northeastern United States. Secondly, to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to establish the fall 2020 commercial offshore summer flounder fishery management measures. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-920-10 ET SEQ., "PERTAINING TO LANDING LICENSES," AND CHAPTER 4 VAC 20-620-10 ET SEQ., "PERTAINING TO SUMMER FLOUNDER" TO 1.) REPEAL SECTIONS 40 AND 45 OF CHAPTER 4 VAC 20-920-10 ET SEQ., "PERTAINING TO LANDING LICENSES," AND INCORPORATE THOSE SECTIONS INTO CHAPTER 4 VAC 20-620-10 ET SEQ., "PERTAINING TO SUMMER FLOUNDER", 2.) REMOVE THE TONNAGE REQUIREMENT AS IT RELATES TO BASELINE VESSELS FOR TRANSFERS PER THE NOAA FINAL RULE ON THE OMNIBUS AMENDMENT TO THE FISHERY MANAGEMENT PLANS OF THE NORTH EASTERN UNITED STATES AND 3.) ESTABLISH THE FALL 2020 COMMERCIAL OFFSHORE SUMMER FLOUNDER FISHERY MANAGEMENT MEASURES. [audio]

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" and Chapter 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting" to establish the 2020-2021 areas of public harvest, public oyster harvest seasons, oyster resource conservation measures, and mandatory harvest reporting procedures for oysters. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-720-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON OYSTER HARVEST" AND CHAPTER 4 VAC 20-610-10 ET SEQ., "PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING" TO ESTABLISH THE 2020-2021 AREAS OF PUBLIC HARVEST, PUBLIC OYSTER HARVEST SEASONS, OYSTER RESOURCE CONSERVATION MEASURES, AND MANDATORY HARVEST REPORTING PROCEDURES FOR OYSTERS. AMENDMENTS TO CHAPTER 4 VAC-610-10 ET SEQ., "PERTAINING TO COMMERCIAL FISHING AND MANDATORY HARVEST REPORTING" ON THE MANDATORY HARVEST REPORTING PROCEDURES FOR OYSTERS ARE EFFECTIVE JANUARY 1, 2021. [audio]

14. RECOMMENDATION Funding request from the Marine Improvement Fund. THE COMMISSION VOTED UNANIMOUSLY TO FUND LAW ENFORCEMENT REQUESTS TOTALING $311,240.83 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF). [audio]

PAGE 2 ITEMS [audio]

A. PULASKI COUNTY PUBLIC SERVICE AUTHORITY, #20-0292 Requests authorization to hydraulically dredge approximately 3,500 cubic yards of State-owned submerged lands within a 103-foot by 48-foot basin to achieve a depth of -12 feet, in the vicinity of the water intake in Cherry Tree Creek, a tributary to Claytor Lake in Pulaski County. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

B. THE LIVING RIVER RESTORATION TRUST, #19-2017 Requests authorization to conduct a sediment contaminant remediation project for the reduction of Polychlorinated biphenyls (PCBs) within Paradise Creek by mechanically dredging approximately 7,100 cubic yards of material and replacing it with clean sand and granulated activate carbon, and to amend existing subaqueous bottoms by placing granulated activated carbon on the surface within an 11.58-acre area in the City of Portsmouth. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.