COMMISSION ACTIONS March 27, 2018

** APPROVAL OF AGENDA. UNANIMOUSLY APPROVED AS SUBMITTED [audio]

1. MINUTES of previous meeting. APPROVED AS SUBMITTED 6 TO 0 WITH 1 ABSTENTION (COMMISSIONER BOWMAN ABSTAINED.) [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). UNANIMOUSLY APPROVED ITEMS 2A, 2B, 2C, AND 2D AS RECOMMENDED BY STAFF. [audio]

3. CONSENT AGENDA ITEMS. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION. [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 and February 28, 2018, Commission meetings. THE COMMISSION VOTED FIVE (5) TO TWO (2) TO APPROVE THE ALTERNATE PLAN RECOMMENDED BY STAFF. ASSOCIATE COMMISSIONERS FRANCE AND MINOR VOTED NAY. THE PROJECT WOULD CONSIST OF LOCATING THE REVISED WETLAND CREATION BOUNDARY AT HALF THE DISTANCE TO THE NARROWEST PROPOSED OFFSHORE BOUNDARY, BEGINNING AT THE NORTHERN TERMINUS OF THE WETLAND CREATION AREA, AND EXTENDING SOUTH TO TERMINATE AT THE SOUTHERN NATURAL SHORELINE OF THE SAME WETLAND CREATION AREA. THIS PORTION OF THE PROJECT IS INTENDED TO CREATE A LINEAR MARSH FRINGE ALONG THE FORESTED WETLANDS SHORELINE AND WOULD EXTEND APPROXIMATELY 100 FEET CHANNELWARD INTO THE EXISTING STANDS OF SUBMERGED AQUATIC VEGETATION. THE RIPRAP BREAKWATER WAS APPROVED AS PROPOSED. THE APPROVAL OF THE WETLAND CREATION FOR THE FRINGE MARSH AND ASSOCIATED STONE SILLS WAS CONTINGENT ON THE RECEIPT OF REVISED DRAWINGS INCLUDING THE DELETION OF THE PROPOSED FILLING OF THE "DEEP SCAR" AREA OF THE PROJECT, THE INCORPORATION OF LARGER STONE IN THE "COBBLE BEACH" SILLS, THE CREATION OF GAPS OR "ACCESS ROUTES" TO ALLOW FOR THE FREE MOVEMENT OF AQUATIC FAUNA, AND THE USE OF ONLY CLEAN SAND FILL FROM UPLAND LOCATIONS, COMPOSED OF NO LESS THAN 90% SAND. THE FOLLOWING SPECIAL CONDITIONS WERE ALSO INCLUDED: 1. THE PERMITTEE AGREES TO A TIME-OF-YEAR RESTRICTION PREVENTING INSTREAM WORK BETWEEN FEBRUARY 15 AND JUNE 30 OF ANY YEAR, TO PROTECT ANADROMOUS FISH SPECIES; 2. THE PERMITTEE SHALL DEVELOP AND SUBMIT A PLAN, FOR VMRC STAFF APPROVAL, TO RESTORE THE CONTOURS OF ANY STATE-OWNED SUBMERGED LAND TO ITS ORIGINAL CONTOURS SHOULD MUDWAVES RESULT FROM THE CONSTRUCTION OF THE PROJECT; 3. THE PERMITTEE SHALL SUBMIT A PLAN FOR USE OF COLLABORATIVE FUNDING FROM THE NATIONAL PARK SERVICE, AT $2.00 PER SQUARE FOOT FOR SAV LOSS, FOR REVIEW AND APPROVAL BY VMRC STAFF. THE PLAN MAY CONSIST OF THE REPLANTING OF SAV, CONTRIBUTIONS TO ONGOING EFFORTS SUPPORTING SAV RESTORATION AND MANAGEMENT, A COMBINATION OF THE TWO, OR ANOTHER STRATEGY ACCEPTABLE TO VMRC STAFF. NO WORK ON THE CREATED WETLAND PORTIONS OF THE PROJECT AUTHORIZED IN THE PERMIT SHALL BE STARTED UNTIL A PLAN IS APPROVED BY COMMISSION STAFF. THE COMMISSION AUTHORIZATION STIPULATED THAT WORK CAN COMMENCE ON THE STONE BREAKWATER PORTION OF THE PROJECT AND MAY BEGIN IMMEDIATELY FOLLOWING EXECUTION OF THE PERMIT. [audio]

6. ED DOYLE, #17-1273 Requests authorization to construct two (2) 40-foot long, near-shore, quarry stone breakwaters, and a 20-foot long quarry stone sill at his property on the Piankatank River at 1189 Horse Point Road in Middlesex County. The project is protested by an adjacent property owner. UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED. [audio]

7. APPALACHIAN POWER COMPANY, #17-1745 Requests authorization to install new telecom fiber optic cable over four (4) jurisdictional sections of Tinker Creek and Carvin Creek in Roanoke and Botetourt Counties that includes a 46-foot section of Carvin Creek adjacent to the intersection of Plantation Road and Boxley Road; a 40-foot section of Tinker Creek adjacent to the Hollins Road Route 601 bridge; a 23-foot section of Tinker Creek adjacent to the intersection of Plantation Road and Vista Drive; and a 75-foot section of Tinker Creek adjacent to the Lee Highway Route 11 bridge. The proposal to install cable over Carvin Creek is protested by an adjoining property owner. UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED. [audio]

8. PUBLIC COMMENTS Mr. Jerry Hughes, a recreational fisherman, requests that the public hearings be held in the evenings so that people who work can attend. Mr. Russ Perkinson, from Middlesex County and a former DCR employee, wanted to show his support for the agency and its help with bringing back submerged aquatic vegetation in the Bay. [audio]

9. OFFENDERS: THE COMMISSION HEARD 4 CASES OF OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. [audio]

10. PRESENTATION VIRGINIA INSTITUTE OF MARINE SCIENCE: Presentation of Dr. Bob Orth's annual review of the status of submerged aquatic vegetation. THE COMMISSION UNANIMOUSLY APPROVED THE ALLOCATION OF $22,000 FROM THE COMMERCIAL FISHING ADVISORY BOARD AND RECREATIONAL FISHING ADVISORY BOARD FUNDS FOR THE CONTINUATION OF MONITORING OF THE AREAS OF SUBMERGED AQUATIC VEGETATION SUBJECT TO CONTINUED PROPELLER SCARRING. [audio]

11. PUBLIC HEARING To consider proposed amendments to Chapter 4 VAC 20-1230-10 et. seq., "Pertaining to Restrictions on Shellfish," to change the required recertification time interval for Shellfish Harvest Safety Training Certification, from 2 to 5 years, to conform to National Shellfish Sanitation Program guidelines. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4VAC 20-1230-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON SHELLFISH" TO CHANGE THE REQUIRED RECERTIFICATION TIME INTERVAL FOR SHELLFISH HARVEST SAFETY TRAINING CERTIFICATION FROM TWO TO FIVE YEARS, TO CONFORM TO NATIONAL SHELLFISH SANITATION PROGRAM (NSSP) GUIDELINES. [audio]

12. PUBLIC HEARING To consider proposed amendments to Chapter 4 VAC 20-620-10 et. seq., "Pertaining to Summer Flounder," to lower the current recreational summer flounder minimum size limit from 17 inches to 16 ½ inches. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-620-10 ET SEQ. THAT ESTABLISHES A 16 1/2-INCH MINIMUM SIZE LIMIT FOR THE 2018 RECREATIONAL SUMMER FLOUNDER FISHERY IN VIRGINIA WATERS. [audio]

13. PUBLIC HEARING To consider proposed amendments to Chapter 4 VAC 20-620-10 et. seq., "Pertaining to Summer Flounder," to allow New Jersey vessels that possess summer flounder, harvested commercially from federal waters, to enter Virginia waters but not offload summer flounder in Virginia. Currently, North Carolina vessels are afforded this allowance. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-620-10 ET SEQ."PERTAINING TO SUMMER FLOUNDER," TO ALLOW NEW JERSEY VESSELS THAT POSSESS SUMMER FLOUNDER, HARVESTED COMMERCIALLY FROM FEDERAL WATERS, TO ENTER VIRGINIA WATERS BUT NOT OFFLOAD SUMMER FLOUNDER IN VIRGINIA. [audio]

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," to adopt commercial and recreational fishing regulations required by the recently approved Atlantic States Marine Fisheries Commission management plan for cobia. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT THE FOLLOWING AMENDMENTS TO CHAPTER 4 VAC20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA": 1) ESTABLISH A 6-FISH DAILY VESSEL LIMIT FOR ALL COMMERCIAL GEARS; 2) ESTABLISH A DAILY POSSESSION LIMIT OF 2 PER COMMERCIAL FISHERMAN REGISTRATION LICENSEE, FOR ALL COMMERCIAL GEARS; AND 3) ESTABLISH A RECREATIONAL SEASON OF JUNE 1ST-SEPTEMBER 30TH. THE COMMISSION ALSO UNANIMOUSLY APPROVED THE MOTION TO ALLOW RECREATIONAL FISHERMEN THE USE OF THE GAFF WHEN LANDING COBIA. [audio]

15. DISCUSSION A request for an April public hearing to consider amendments to Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," that would: 1) establish the May 1, 2018 through April 30, 2019 commercial spiny dogfish harvest quota as 4,123,239 pounds; and, 2) modify harvest limits. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR AN APRIL 2018 PUBLIC HEARING TO ADOPT THE 2018-19 COMMERCIAL SPINY DOGFISH HARVEST QUOTA AT 4,123,239 POUNDS AND MODIFY THE HARVEST LIMITS. [audio]

16. DISCUSSION A request for an April public hearing to consider amendments to Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to establish the 2018 recreational fishery management measures. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR AN APRIL 2018 PUBLIC HEARING TO CHANGE THE RECREATIONAL BLACK SEA BASS FISHING SEASON. [audio]

17. DISCUSSION Request for April public hearing. The Commission proposes to consider amending Chapter 4 VAC 20-752-10 et seq., by modifying the season closure dates in sanctuary Areas 2, 3 and 4, from May 9 to May 16. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR AN APRIL PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-752-10 ET SEQ., "PERTAINING TO THE BLUE CRAB SANCTUARY," TO CHANGE THE START OF THE SEASON CLOSURE TO CRAB HARVESTING IN AREAS 2, 3, AND 4 OF THE BLUE CRAB SANCTUARY FROM MAY 9 TO MAY 16. [audio]

18. DISCUSSION Establish 2018 recreational blueline tilefish fishery measures. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR AN APRIL 2018 PUBLIC HEARING TO AMEND THE 2018 RECREATIONAL SEASON AND POSSESSION LIMITS FOR THE BLUELINE TILEFISH FISHERY. [audio]

PAGE 2 ITEMS [audio]

A. VIRGINIA BEACH PUBLIC WORKS, #16-0516 Requests authorization to modify the existing Chesopeian Colony Special Service District dredging permit to include the additional dredging of 441 cubic yards of State-owned submerged bottomlands to achieve maximum depths of minus four and a half (-4.5) feet mean low water adjacent to 2804 West Point Court and 633 Chesopeian Trail in the Chesopeian Colony subdivision, situated along Pinetree Branch in Virginia Beach. All existing permit conditions will remain in effect. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

B. VIRGINIA ELECTRIC AND POWER COMPANY, #18-0019 Requests authorization to excavate approximately 285 square feet of subaqueous bottom and install temporary timber mats, sheetpile cofferdams and wooden bridges to facilitate repairs to the foundations of five transmission line support structures (Lines 85 & 2016, structures 69-73) located approximately 500 feet upstream (northwest) of the Eltham Bridge crossing of the Eltham Marsh Thorofare and the Pamunkey River in New Kent County. Recommend approval contingent on adherence to our standard instream permit conditions, a February 15 - June 30 instream work time-of-year restriction (Pamunkey River only) to protect anadromous fishes and removal of all temporary mats, bridges and sheetpile cofferdams upon completion of the project. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

C. NORFOLK SOUTHERN RAILWAY COMPANY, #15-1667 Requests authorization to revise a previously approved permit to include an additional 285 linear feet of sheet pile bulkhead and to fill approximately 10,807 square feet of submerged lands in an effort to aid in the stabilization of the Norfolk Southern Pier 6 property along the Elizabeth River at the Norfolk Southern Lambert's Point Dock. Staff recommends approval with the condition that the permittee agrees to fund or construct an oyster reef expansion project or new reef project in the Elizabeth River Watershed. The funding amount or construction funding shall be no less than $54,034.00, which is equal to $5.00 per square foot of area authorized to be filled by this permit modification. The reef expansion project or new reef shall be permitted by the Commission and completed within three (3) years of the date of this modification approval. Should the permittee be unable to identify or design a reef project the permittee shall request reconsideration of an alternative mitigation plan for the authorized fill area prior to the three-year completion period. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

D. HUNTINGTON INGALLS INCORPORATED-NEWPORT NEWS SHIPYARD, #10-1518 Requests authorization to modify an existing permit and hydraulically dredge an additional 868,259 cubic yards of State-owned subaqueous bottom to attain depths of -50 feet mean low water for aircraft carrier navigational zones, -40 feet mean low water for submarine navigational zones and -30 feet for all other zones at their shipbuilding facility located a 4101 Washington Avenue in the City of Newport News. All proposed dredge material will be transported to Craney Island Dredged Material Management Area for disposal. Staff recommends approval of the modification with a royalty in the amount of $390,716.55 for the new dredging of 868,259 cubic yards of State-owned subaqueous bottom at a rate of $0.45 per cubic yard. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

PAGE 3 ITEMS [audio]

A. WALZEE, LLC, #17-2032 Requests after-the-fact authorization to retain 20 timber pilings in support of a proposed 184-foot long by 8-foot wide upper deck expansion, with an 84 square foot deck, a 428-foot long by 6-foot wide lower deck expansion and a 100-foot long by 6-foot wide timber fishing pier with a 300 square foot T-head, adjacent to property situated along the Potomac River at 850 Salisbury Park Road in Westmoreland County. The applicant has agreed to a $1,000.00 civil charge and a triple permit fee of $300.00 in lieu of further enforcement action UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.