COMMISSION ACTIONS January 28, 2020

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

1. MINUTES of previous meeting. THE COMMISSION UNANIMOUSLY APPROVED THE MINUTES AS PRESENTED [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION UNANIMOUSLY APPROVED ITEMS 2A & 2B AS PRESENTED. [audio]

3. CONSENT AGENDA ITEMS. THE COMMISSION UNANIMOUSLY APPROVED ITEM 3A AS PRESENTED. [audio]

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

5. PRESENTATION Presentation by the Coast Guard to present Valor Awards to VMRC staff members. VMRC STAFF MEMBER VERNON "BRODY" ROWE, AND FORMER VMRC STAFF MEMBER, VAS DUNSTON, WERE AWARDED CERTIFICATES OF VALOR BY THE USCG FOR THEIR HEROIC, LIFESAVING ACTIONS DURING AN JULY 2018 BOATING ACCIDENT ON THE JAMES RIVER. MR. ROWE AND MR. DUNSTAN WORKED TOGETHER TO ASSIST AND REVIVE AN UNCONSCIOUS AND DROWNING PASSENGER OF RECREATIONAL BOAT THAT HAD COLLIDED WITH A COMMERCIAL BARGE, AND WERE CREDITED WITH SAVING THE BOATERS LIFE. [audio]

6. LICENSE STATUS REVIEW: THE COMMISSION HEARD 4 CASES OF LICENSE STATUS REVIEWS. [audio]

7. THE NATURE CONSERVANCY, #19-1322 Requests authorization to create oyster reefs by installing oyster castles and other similar or biodegradable structures along a 2,274 foot long section of intertidal State-owned marsh. The proposed project is located along the northwest marsh in Bradford Bay near Wachapreague Channel in Accomack County. The project requires a tidal wetlands permit. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED. [audio]

8. VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS, #18-1472 Requests authorization to install up to eight (8) acres of three-dimensional concrete reef structures on State-owned submerged lands within the Lynnhaven River near the mouth of Dix Creek, directly north of Five Hill Trail in the Sea Breeze Farm subdivision in Virginia Beach. The reef field will consist of 1.5 feet wide by 1.0-foot high dome shaped concrete structures, including marker piles around the perimeter. The project is protested by numerous adjacent property owners and a commercial waterman. THE COMMISSION VOTED 7 TO 2 TO APPROVE THE PROJECT AS PROPOSED. COMMISSIONER BOWMAN AND ASSOCIATE COMMISSONER FRANCE VOTED AGAINST THE MOTION. [audio]

9. DISCUSSION: The U.S. Army Corps of Engineers, Norfolk District, requests acceptance of a Memorandum of Understanding (MOU) to protect subaqueous ecosystem restoration project sites on State-owned submerged lands within the Lynnhaven River Watershed. COMMISSIONER BOWMAN APPOINTED ASSOCIATE COMMISSIONERS BALLARD AND ZEDRON TO A COMMITTEE TO WORK FURTHER WITH THE CORPS OF ENGINEERS AND VMRC STAFF ON THE DRAFT MOA FOR FUTURE CONSIDERATION BY THE FULL COMMISSION. [audio]

10. ISLE OF WIGHT COUNTY, #14-1236 Requests authorization to reduce the time-of-year restriction for instream work by two (2) weeks for a pedestrian bridge crossing over Jones Creek in Isle of Wight County. THE COMMISSION VOTED UNANIMOUSLY TO DENY THE REQUESTED RELIEF FROM THE INSTREAM WORK TIME-OF-YEAR RESTRICTION. [audio]

11. VICTORIA ANN BEDROSIAN BRICE, Oyster Planting Ground Application #2015-288 Requests authorization to lease approximately 180 acres within the Rappahannock River in Lancaster County. The application is protested by a number of nearby property owners THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE LEASING OF 28.58 ACRES OF GROUND WITHIN THE CHESAPEAKE BAY AS RECOMMENDED BY STAFF. [audio]

12. PUBLIC COMMENTS There were no public comments. [audio]

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to consider the establishment of a February 2020 recreational black sea bass fishery. The proposed 2020 season extends from May 15 through December 31, but any harvest from a February fishery would lessen the number of fishing days during the May 15 through December 31 period. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE AMENDMENTS TO CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS", TO ESTABLISH A FEBRUARY 2020 RECREATIONAL BLACK SEA BASS FISHERY. [audio]

14. REQUEST FOR AN EMERGENCY AMENDMENT Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder", to modify the landing dates, possession limits and landing limits for summer flounder commercially harvested offshore (federal waters) and landed in Virginia. THE COMMISSION VOTED UNANIMOUSLY TO ADOPT THE EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-620-10 ET SEQ., "PERTAINING TO SUMMER FLOUNDER," TO MODIFY THE LANDING DATES, POSSESSION LIMITS, AND LANDING LIMITS FOR SUMMER FLOUNDER COMMERCIALLY HARVESTED OFFSHORE (FEDERAL WATERS) AND LANDED IN VIRGINIA AND TO ADVERTISE A FEBRUARY PUBLIC HEARING TO INCORPORATE THE AMENDMENTS AS PART OF THE PERMANENT REGULATION. [audio]

15. DISCUSSION Presentation on results from the 2019 experimental shrimp fishery. [audio]

16. REQUEST FOR PUBLIC HEARING Proposal to establish Chapter 4 VAC 20-1370-10 et seq., "Pertaining to the Restricted Area at Joint Expeditionary Base Little Creek-Fort Story" to afford the Virginia Marine Police the authority to enforce Virginia law that prohibits entrance into the restricted areas that is already established in federal regulation. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING TO ESTABLISH CHAPTER 4 VAC 20-1370-10 ET SEQ., "PERTAINING TO THE RESTRICTED AREA AT JOINT EXPEDITIONARY BASE LITTLE CREEK-FORT STORY". [audio]

17. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-995-10 et seq., "Pertaining to Commercial Hook-and-Line," to modify existing language concerning time of day restrictions. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-995-10 ET SEQ., TO MODIFY LANGUAGE IN SECTION 30, SUBSECTION B, TO PROHIBIT THE USE OF COMMERCIAL HOOK-AND-LINE GEAR WITHIN 300 FEET OF ANY BRIDGE, BRIDGE-TUNNEL, JETTY, OR PIER ON WEEKENDS (FRIDAY THROUGH SUNDAY) DURING OPENED STRIPED BASS SEASONS. [audio]

18. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-110-10 et seq., "Pertaining to Lobsters", to establish at least one rectangular escape vent trap with a minimum size of 1-15/16 inches by 5-3/4 inches to comply with Amendment III to the Interstate Fishery Management Plan for Lobster. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-110-10 ET SEQ., "PERTAINING TO LOBSTERS", TO ESTABLISH MINIMUM SIZE OF ESCAPE VENTS IN LOBSTER TRAPS. [audio]

19. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1310-10 et seq., "Pertaining to Jonah Crab" to establish a 2.75 inch minimum claw size for claw specific harvest greater than 5 gallons to comply with the Addendum II of the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for Jonah Crab. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-1310-10 ET SEQ., "PERTAINING TO JONAH CRAB", TO ESTABLISH A 2.75 INCH MINIMUM CLAW SIZE FOR CLAW-SPECIFIC HARVEST GREATER THAN 5 GALLONS AND TO ESTABLISH A DEFINITION OF JONAH CRAB BYCATCH. [audio]

20. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-450-10 et seq. "Pertaining to the Taking of Bluefish", to revise the recreational possession limit for bluefish. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A FEBRUARY 2020 PUBLIC HEARING TO CHAPTER 4 VAC 20-450-10 ET SEQ., "PERTAINING TO THE TAKING OF BLUEFISH," TO REVISE THE RECREATIONAL POSSESSION LIMIT FOR BLUEFISH. [audio]

PAGE 2 ITEMS [audio]

A. CORTEVA AGRISCIENCE, #19-1847 Requests authorization to stabilize approximately 1,750 linear feet of riverbank on the South River, to include bank grading, capping and riprap stabilization, downstream of the former DuPont Waynesboro Plant in Augusta County. The project is part of a U.S. EPA Corrective Action Permit to reduce or eliminate the erosion of legacy, mercury-impaired bank soils, and improve the aquatic and ecological habitat within the first two miles downstream of the former Plant. All in-stream work will be isolated within cofferdams and turbidity curtains to minimize downstream impacts, and vegetative and structural erosion and sediment control practices will be implemented in accordance with the Virginia Erosion and Sediment Control Handbook throughout construction. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

B. COLONNA SHIPYARD, #19-2091 Requests authorization to dredge a 250-foot by 105-foot dry dock basin to the maximum depth of -35 feet at mean low water by installing a 40-foot by 27-foot concrete pier extension, in order to accommodate the movement of Drydock #2 to its new location adjacent to Pier 8 along the Eastern Branch Elizabeth River, at Colonna Shipyard located at 400 E. Indian River Road in the City of Norfolk. Dredge material will be transported by barge to the Craney Island Dredge Material Management Area. Staff recommends approval with a royalty of $11,340.00 for the dredging of 25,200 cubic yards of State-owned submerged lands at a rate of $0.45 per cubic yard. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

PAGE 3 ITEMS [audio]

A. APPALACHIAN POWER COMPANY, #18-1305 Requests after-the-fact authorization to retain a 29-linear foot aerial telecom cable crossing of Chaney Creek, and a 16-foot aerial crossing of Chaney Creek, along Route 616 in Dickenson County. The permittee has agreed to a civil charge of $3,000.00, triple royalty of $378.00, and a triple permit fee of $300.00 in lieu of further enforcement action. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.