COMMISSION ACTIONS August 27, 2019

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS AMENDED TO REFLECT THE REMOVAL OF ITEM #13 (LOU COCKS). [audio]

1. MINUTES of previous meeting. THE COMMISSION VOTED 6 - 0 - 3 TO APPROVE THE MINUTES AS WRITTEN. ASSOCIATE COMMISSIONERS BALLARD, MINOR & LUSK ABSTAINED. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PAGE TWO ITEMS AS PROPOSED AS RECOMMENDED BY STAFF. [audio]

3. CONSENT AGENDA ITEMS. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PAGE 3 ITEMS AS RECOMMENDED BY STAFF. [audio]

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

5. LICENSE STATUS REVIEW: THE COMMISSION HEARD 7 CASES OF LICENSE STATUS REVIEWS. [audio]

6. REQUEST FOR AN EMERGENCY AMENDMENT Proposal to amend Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," to lower the recreational possession limit in the Chesapeake Bay area and establish commercial maximum mesh size requirements in the Chesapeake Bay and Coastal areas. THE COMMISSION UNANIMOUSLY APPROVED THE STAFF RECOMMENDATION TO ADOPT THE EMERGENCY AMENDMENTS DESCRIBED IN SECTIONS OF CHAPTER 4 VAC 20-252-10 ET SEQ. "PERTAINING TO THE TAKING OF STRIPED BASS," TO LOWER THE RECREATIONAL POSSESSION LIMIT IN THE CHESAPEAKE BAY AREA AND ESTABLISH COMMERCIAL MAXIMUM MESH SIZE REQUIREMENTS IN THE CHESAPEAKE BAY AND COASTAL AREAS. STAFF ALSO RECOMMENDS THIS EMERGENCY AMENDMENT BE PART OF A SEPTEMBER PUBLIC HEARING TO INCORPORATE THE AMENDMENTS AS PART OF THE PERMANENT REGULATION. [audio]

7. JAMES RHODES, #19-0944 Requests authorization to install a 24-foot long by 72-foot long gabion basket wall with a gabion scour mat, within a jurisdictional beach along the James River adjacent to 228 James River Overview in Surry County. The project requires a dune and beach permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED AS RECOMMENDED BY STAFF. [audio]

8. CRESCENT COVE CONDOMINIUM UNIT OWNERS ASSOCIATION, #19-1160 Requests authorization to regrade and install additional riprap to 141 linear feet of an existing riprap revetment along the Crescent Cove Condominiums along the Southern Branch Elizabeth River in the City of Chesapeake. The project requires a tidal wetlands permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED AS RECOMMENDED BY STAFF. [audio]

9. GAIL SMITH, #19-1161 Requests authorization to remove a 62-linear foot section of existing failing bulkhead and replace it in the same alignment, along the Eastern Branch Elizabeth River at 4038 Tanglewood Trail in the City of Chesapeake. The project requires a tidal wetlands permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED AS RECOMMENDED BY STAFF. [audio]

10. MICHAEL LINCOLN, #19-1228 Requests authorization to construct a single-family dwelling with an associated retaining wall along the Chesapeake Bay at 828 North First Street in the City of Hampton. The project requires a dune and beach permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED AS RECOMMENDED BY STAFF. [audio]

11. THE CONSERVATION FUND, #19-0144 Requests authorization to install a 6-foot wide by 120-foot long open-pile observation pier with a 12-foot by 12-foot fixed deck along Timberneck Creek at 3601 Timberneck Farm Road in Gloucester County. The project is protested by a nearby oyster planting ground leaseholder. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED AS RECOMMENDED BY STAFF. [audio]

12. ROBERT JAMES McBRIDE, Oyster Planting Ground Application #2017-171 Requests authorization to lease approximately 71 acres within Mulberry Creek in Lancaster County. The application is protested by a number of nearby property owners. THE COMMISSION VOTED UNANIMOUSLY TO DENY THE PROJECT. [audio]

13. LOU COCKS Requests a formal hearing before the Commission, as detailed in §28.2-216 of the Code of Virginia, concerning his claim to ownership of an "island" situated in the Potomac River at the mouth of Neabsco and Farm Creeks in Prince William County. PULLED FROM THE AGENDA [audio]

14. PUBLIC COMMENTS Mr. Thomas P Croswell Sr , whose licenses status review was conducted in his absence earlier in the day, asked that his case be re-heard. There being no motion from the Commission, the request was denied. The Commissioner advised Mr. Croswell that he could appeal to the Circuit Court. [audio]

15. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to establish the 2019-2020 areas of public harvest, public oyster harvest seasons, and oyster resource conservation measures. THE COMMISSION VOTED UNANIMOUSLY TO ADOPT AMENDMENTS TO CHAPTER 4 VAC 20-720-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON OYSTER HARVEST," TO ESTABLISH THE 2019-2020 AREAS OF PUBLIC HARVEST, PUBLIC OYSTER HARVEST SEASONS, AND MANAGEMENT MEASURES. [audio]

16. RECOMMENDATION On funding a project from the Marine Fishing Improvement Fund. THE COMMISSION VOTED UNANIMOUSLY TO FUND THE VIMS BLUE CATFISH PREDATION PROJECT TOTALING $30,156 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF). [audio]

17. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to establish fall 2019 commercial offshore summer flounder fishery management measures. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A SEPTEMBER PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-620-10 ET SEQ.,"PERTAINING TO SUMMER FLOUNDER," TO ESTABLISH FALL 2019 COMMERCIAL OFFSHORE (FEDERAL WATERS) SUMMER FLOUNDER MANAGEMENT MEASURES. [audio]

18. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to revise the minimum size limit for commercial hook-and-line gear. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A SEPTEMBER PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-620-10 ET SEQ., "PERTAINING TO SUMMER FLOUNDER," TO MODIFY MINIMUM SIZE LIMITS FOR COMMERCIAL HOOK-AND-LINE GEAR. [audio]

19. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-540-10 et seq., "Pertaining to Spanish Mackerel and King Mackerel," to establish closure procedures for the spanish mackerel commercial fishery to coincide with federal waters closures as announced by the South Atlantic Fishery Management Council. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A SEPTEMBER PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-540-10 ET SEQ., "PERTAINING TO SPANISH MACKEREL AND KING MACKEREL," TO ESTABLISH CLOSURE PROCEDURES IN STATE WATERS FOR THE SPANISH MACKEREL COMMERCIAL FISHERY TO COINCIDE WITH FEDERAL WATERS CLOSURES AS ANNOUNCED BY THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL. [audio]

PAGE 2 ITEMS [audio]

A. LOUDOUN COUNTY DEPARTMENT OF TRANSPORTATION AND CAPITAL INFRASTRUCTURE, #19-0884 Requests authorization to construct a four-lane, divided, clear-span, roadway bridge, with associated temporary fill for construction access and a temporary cofferdam, and install a suspended, 22.3kV power line over Tuscorora Creek associated with the proposed Crosstrail Boulevard (Segment B) extension project in Loudoun County. Recommend approval with the requirement that all instream construction activities shall be accomplished during low flow periods, erosion and sediment control measures shall be in conformance with the 1992 Third Edition of the Virginia Erosion and Sediment Control Handbook and shall be employed throughout construction, all excess excavated materials shall be removed to an upland site and contained in such a manner to prevent its re-entry into State waters, all areas of State-owned bottom and adjacent lands disturbed by this activity shall be restored to their original contours and natural conditions within thirty (30) days from the date of completion of the authorized work and a time-of-year restriction for instream construction activities from April 15 through June 15 and August 15 through September 30 of any year to ensure protection of the State-threatened green floater mussel. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED AS RECOMMENDED BY STAFF.

B. BREEDEN INVESTMENT PROPERTIES, LLC, #19-0989 Requests authorization to construct approximately 1,280 linear feet of riprap revetment that will extend a maximum of 40-feet channelward of mean low water, and install a community floating dock with a gangway and an observation platform along the Elizabeth River at 533 Front Street in the City of Norfolk. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED AS RECOMMENDED BY STAFF.

C. COUNTY OF HENRICO, #19-1005 Requests authorization to restore approximately 2,937 linear feet of Roundabout Creek utilizing natural stream channel design to facilitate stream bank stabilization adjacent to an existing municipal water reclamation facility, reduce non-point source pollution, and achieve compliance with the Commonwealth's TMDL standards. The design would implement grade control measures including log vanes, log sills, rock sills, rock cross vane, and log j-hooks. Additionally, streambank and erosion control measures will include the installation of reinforced soil lifts, clay plugs, brush toes, bank grading, bio-degradable E&S matting, live stakes, planting, and backfill near 1000 WRVA Road in Henrico County. Staff recommends approval with adherence to our standard instream permit conditions and a February 15th through June 30th and August 1st through November 15th instream work time-of-year restrictions to protect anadromous fishes and endangered species unless waived in writing by the Department of Game and Inland Fisheries. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED AS RECOMMENDED BY STAFF.

PAGE 3 ITEMS [audio]

A. NORTHPOINT PROPERTIES, LLC, #18-0748 Requests after-the-fact authorization to retain a 395 square foot, timber, commercial seafood off-loading pier with loading davits and associated mooring piles, adjacent to property situated along Branson Cove in Westmoreland County. The applicant has agreed to pay a $1,000.00 civil charge, triple royalties of $690.00 and triple permit fees of $75.00. The contractor has also agreed to a $1,000.00 civil charge, in lieu of further enforcement action. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AFTER-THE-FACT CONTINGENT ON THE APPLICANT AND THE CONTRACTOR'S AGREEMENT TO EACH PAY A $1,000 CIVIL CHARGE AND THE APPLICANT'S AGREEMENT TO PAY TRIPLE ROYALTIES OF $690.00 AND A TRIPLE PERMIT FEE OF $75.00

B. DOMINION ENERGY, #18-0142 Requests after-the-fact authorization to modify an existing VMRC subaqueous permit to reflect the as-built location of a submarine telecommunication cable, at distances up to 700 feet from its permitted location, under Hampton Roads between the Cities of Hampton and Norfolk. The applicant and contractor, Crofton Diving, have agreed to pay a civil charge of $2,000 each in lieu of further enforcement action for the deviation of the as-built telecommunication line from the permitted location under State-owned subaqueous bottom. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AFTER-THE-FACT CONTINGENT ON THE APPLICANT AND THE CONTRACTOR'S AGREEMENT TO EACH PAY A $2,000 CIVIL CHARGE.