Skip to Content
Agencies | Governor
Search Virginia.Gov
Contact Us  | 

COMMISSION ACTIONS February 27, 2018

** APPROVAL OF AGENDA. APPROVED WITH THE DELETION OF ITEM 5 THAT WAS REMOVED AT THE REQUEST OF THE APPLICANT. [audio]

1. MINUTES of previous meeting. APPROVED AS SUBMITTED. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). UNANIMOUSLY APPROVED ITEMS 2A, 2B, AND 2C IN ACCORDANCE WITH STAFF RECOMMENDATION. [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. NATIONAL PARK SERVICE, #17-0921 Requests authorization to fill approximately 4.5 acres of State-owned submerged land to reconstruct and restore approximately 5.45 acres of Dyke Marsh, adjacent to the Potomac River and immediately south of the Belle Haven Marina, by the construction of a riprap breakwater structure, associated stone sills and tidal wetland creation, as part of the Dyke Marsh Wildlife Preserve Marsh Restoration/Protection Plan, in Fairfax County. The project is protested. Continued from the January 23, 2018, Commission meeting. CONTINUED AT THE REQUEST OF THE APPLICANT. [audio]

6. VIRGINIA ELECTRIC AND POWER COMPANY, #18-0010 Requests requests authorization to install a total of 14 ground water monitoring wells within non-vegetated wetlands and install a total of ten (10) piers for well access along the Southern Branch Elizabeth River and Deep Creek, adjacent to the Chesapeake Energy Center at 2701 VEPCO Street, in Chesapeake. This project requires a wetlands permit UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION CONDITIONED ON THE FOLLOWING PERMIT CONDITIONS: (1) THE APPLICANT APPLY AND MAINTAIN REFLECTIVE MATERIAL AT THE CHANNELWARD END OF ALL PROPOSED PIERS; AND (2) ALL PILE DRIVING MUST BE ACCOMPLISHED USING VIBRATORY METHODS. THE APPLICANT WILL CONTACT VMRC STAFF IF AN IMPACT HAMMER MUST BE USED. [audio]

7. CHRIS O’MALLEY, #17-2146 Requests authorization to construct approximately 110 linear feet of riprap revetment along the Eastern Branch Elizabeth River at the residence of 4010 Ridgewood Court in Chesapeake. This project requires a subaqueous and wetlands permit. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION. [audio]

8. PEACOCK HOLDINGS VA, LLC, #17-1686 Requests after-the-fact authorization to retain two (2) unpermitted screened-in covered porches and all restaurant, bar and preparation equipment on the Oyster Farm Marina's C-pier situated along Kings Creek in the Town of Cape Charles. The project is protested by two nearby property owners. APPROVED PROJECT AS PROPOSED 6 TO 1 WITH 1 ABSTENTION CONTINGENT ON A CIVIL CHARGE OF $3000 BASED ON A FINDING OF MINIMAL IMPACT AND MAJOR DEGREE OF NON-COMPLIANCE, A TRIPLE PERMIT FEE OF $300, AND AN ASSESSMENT OF TRIPLE ROYALTIES IN THE AMOUNT OF $3,600 FOR THE ENCROACHMENT OF THE TWO COVERED SCREENED PORCHES OVER 1,200 SQUARE FEET OF STATE-OWNED SUBAQUEOUS LAND AT A RATE OF $3.00 PER SQUARE FOOT. ASSOCIATE COMMISSIONER EVERETT VOTED NAY, COMMISSIONER BULL ABSTAINED. [audio]

9. JAMES E. TIBBS, #15-1621 Requests authorization to construct a 262 foot long by 6-foot wide, private, noncommercial, timber pier, extending 187 feet channelward of mean low water, with a 35-foot long by 8-foot wide L-head, a 48-foot catwalk and an uncovered boatlift, adjacent to property situated along Palmer Cove in Northumberland County. The project is protested by the oyster ground leaseholder on which the pier is proposed and an adjacent oyster ground leaseholder. APPROVED 6 TO 2 PER STAFF RECOMMENDATION AUTHORIZING THE CONSTRUCTION OF A 6-FOOT WIDE BY 187-FOOT LONG PIER, AS MEASURED FROM MEAN LOW WATER, TO INCLUDE THE TWO MOORING PILES THAT WILL BE UTILIZED TO CONSTRUCT AN UNCOVERED BOAT LIFT. THE PIER SHOULD ADDITIONALLY FOLLOW THE ALIGNMENT DEPICTED IN THE NOVEMBER 15, 2017, PROJECT DRAWINGS. ASSOCIATE COMMISSIONERS LUSK AND TANKARD VOTED NAY. [audio]

10. PUBLIC COMMENTS Public Comments were heard from 3 individuals in regards to the transfer or sale of the Oyster All Gear User Fee. The individuals were determined to be ineligible to purchase or transfer this user fee and were requesting exceptions to do so. No action was taken. [audio]

11. OFFENDERS: THE COMMISSION HEARD 1 CASES OF OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. [audio]

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-960-10 et seq., "Pertaining to Tautog," to modify the recreational and commercial seasons and the recreational possession limit. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4VAC20-960-10 ET SEQ., "PERTAINING TO TAUTOG," TO ESTABLISH THE 2018 RECREATIONAL SEASON FROM JANUARY 1 THROUGH MAY 15 AND JULY 1 THROUGH DECEMBER 31 AND INCREASE THE RECREATIONAL POSSESSION LIMIT TO 4 FISH PER PERSON AND ESTABLISH THE 2018 COMMERCIAL SEASON FROM JANUARY 1 THROUGH JANUARY 21, MARCH 1 THROUGH MAY 15, AND NOVEMBER 1 THROUGH DECEMBER 31. [audio]

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq. "Pertaining to Black Sea Bass," to establish the commercial back sea bass fishery quota for 2018, and modify the bycatch trip limit. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ. "PERTAINING TO BLACK SEA BASS," TO ESTABLISH THE COMMERCIAL BLACK SEA BASS DIRECTED FISHERY QUOTA FOR 2018 AT 664,000 POUNDS AND CHANGE THE BYCATCH TRIP LIMIT CAP TO 1,500 POUNDS. [audio]

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy)," to set commercial scup landing period dates, establish the 2018 commercial summer period quota, and vessel trip limit. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-910-10 ET SEQ., "PERTAINING TO SCUP (PORGY)," TO ESTABLISH COMMERCIAL SCUP LANDING PERIOD DATES, THE 2018 COMMERCIAL SUMMER PERIOD QUOTA AT 14,296 POUNDS, AND SUMMER PERIOD VESSEL TRIP LIMIT AT 5,000 POUNDS . [audio]

15. DISCUSSION Recommendations from the Finfish Management Advisory Committee concerning any necessary conservation measures for speckled trout, following recent cold stun effects on this stock. There is potential for an emergency regulation. THE COMMISSION UNANIMOUSLY DECIDED TO KEEP THE SPECKLED TROUT FISHERY STATUS QUO AND NOT MAKE ANY CHANGES TO THE CURRENT REGULATIONS. [audio]

16. DISCUSSION Request for approval of the 2018 Oyster Replenishment Plan and associated procurement procedures. THE COMMISSION APPROVED THE 2018 OYSTER REPLENISHMENT PLAN AS WELL AS THE ASSOCIATED PROCUREMENT PROCEDURES IN A VOTE OF 7:0:1 WITH ONE ABSTENTION. [audio]

17. DISCUSSION Extension of the Public Oyster Harvest Season in areas scheduled to close February 28, 2018. THE COMMISSION APPROVED STAFF RECOMMENDATION TO NOT EXTEND THE PUBLIC OYSTER HARVEST SEASON IN A VOTE OF 7:0:1 WITH ONE ABSTENTION. [audio]

18. REQUEST FOR PUBLIC HEARING To consider proposed amendments to Chapter 4 VAC 20-1230-10 et. seq., "Pertaining to Restrictions on Shellfish," to change the required re-certification time interval for Shellfish Harvest Safety Training Certification to conform to National Shellfish Sanitation Program guidelines. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A MARCH PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO CHAPTER 4VAC 20-1230-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON SHELLFISH," TO CHANGE THE REQUIRED RE-CERTIFICATION TIME INTERVAL FOR SHELLFISH HARVEST SAFETY TRAINING CERTIFICATION TO CONFORM TO NATIONAL SHELLFISH SANITATION PROGRAM GUIDELINES. [audio]

19. REQUEST FOR PUBLIC HEARING To consider proposed amendments to Chapter 4 VAC 20-620-10 et. seq., "Pertaining to Summer Flounder," to establish the 2018 recreational fishery management measures. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A MARCH PUBLIC HEARING TO ESTABLISH THE 2018 RECREATIONAL MANAGEMENT MEASURES FOR SUMMER FLOUNDER. [audio]

20. REQUEST FOR PUBLIC HEARING To consider proposed amendments to Chapter 4 VAC 20-620-10 et. seq., "Pertaining to Summer Flounder," to establish commercial vessel possession limits. THE COMMISSION UNANIMOUSLY APPROVED STAFF TO ADVERTISE FOR A MARCH PUBLIC HEARING TO CONSIDER AMENDMENTS TO CHAPTER 4 VAC 20-620-10 ET SEQ."PERTAINING TO SUMMER FLOUNDER," TO MODIFY THE POSSESSION LIMITS FOR SUMMER FLOUNDER COMMERCIALLY HARVESTED OUTSIDE OF VIRGINIA WATERS. [audio]

PAGE 2 ITEMS [audio]

A. HENRICO COUNTY, #17-1685 Requests authorization to construct a 4-slip, 92-foot by 56-foot, enclosed boathouse for County fire and police watercraft, with associated 5 and 6-foot wide tending/access piers and four storage units. A 7-foot wide access pier will connect the boathouse to upland property situated within Henrico County's Osborne Park. The pier and boathouse will extend approximately 100 feet channelward of mean low water into the James River. Staff recommends approval with time-of-year restrictions on all instream work to protect both anadromous fish species and the Atlantic Sturgeon. from February 15 to June 30 and August 1 through November 30 of any year. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

B. CITY OF NEWPORT NEWS, #17-1383 Requests authorization to maintenance dredge, on an-annual dredge cycle, up 17,100 cubic yards of State-owned subaqueous bottom to maintain depths of minus five and a half (-5.5) feet mean low water along Salters Creek from the existing boat ramp at Walnut Avenue extending approximately 1,000 feet offshore of the 16th Street Bridge into Hampton Roads in the City of Newport News, with disposal of dredged material at Craney Island Dredged Material Management Area and an approved upland disposal site. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

C. CHESAPEAKE BAY BRIDGE AND TUNNEL DISTRICT, #17-2003 Requests authorization to place armor rock adjacent to existing trestle bents, tunnel islands, and bridge piers on an as-needed basis over the next five years, as part of a scour protection plan to ensure the continued safe operation of the Chesapeake Bay Bridge and Tunnel. This permit will include activities and construction currently covered under the existing Commission permit #07-2648, which will expire on March 31, 2018. Permit conditions will continue to require that the District provide specific plans to the Commission for review and approval prior to any activities, and that a vicinity map and coordinates be submitted for any temporary mooring buoys used by rock barges. The District will also be required to conduct a post-construction monitoring program, initiated immediately after construction and one-year post-construction, which shall include a detailed analysis of the rock placement and adjacent bathymetry. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.



Return to Top