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COMMISSION ACTIONS May 23, 2017

** APPROVAL OF AGENDA. UNANIMOUSLY APPROVED [audio]

1. MINUTES of previous meeting. UNANIMOUSLY APPROVED AS WRITTEN [audio]

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

3. CONSENT AGENDA ITEMS. UNANIMOUSLY APPROVED ITEMS 3A AND 3B. [audio]

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

5. CHRISTOPHER BAUGE, #16-1591 Requests authorization to construct an 18-foot by 32-foot open-sided boathouse as part of the private riparian pier construction adjacent to 1432 Five Hill Trail in the Sea Breeze Farm subdivision, situated along Dix Creek in Virginia Beach. The proposal is protested by an adjoining property owner and other neighbors. UNANIMOUSLY APPROVED AS PROPOSED. [audio]

6. VINCENT JOSEPH, #16-1708 Requests authorization to install a 20-foot by 23.67-foot floating dock with a 3-foot by 16-foot gangway on an existing private pier to facilitate the mooring of two jet-skis at 607 Burcher Road in the City of Newport News. The project is protested by two neighbors. UNANIMOUSLY APPROVED AS PROPOSED. [audio]

7. HARRY BOWEN, JR., Oyster Planting Ground Application #2016-093 Requests authorization to lease approximately ten (10) acres of oyster ground in Hungars Creek near the Waverly subdivision in the Church Neck area of Northampton County. The project is protested by an adjacent property owner. COMMISSION APPROVED THE LEASE APPLICATION 5-1 WITH ASSOCIATE COMMISSIONER ZYDRON OPPOSED. [audio]

8. ROBERT S. BLOXOM, Oyster Planting Ground Application #2015-076 Requests authorization to lease 75 acres in Kegotank Bay in Accomack County. The project is protested by two hand harvesters that work the seaside of Accomack County. UNANIMOUSLY APPROVED THE LEASE APPLICATION [audio]

9. RODERICK D. HYATT, Oyster Planting Ground Application #2016-099 Requests authorization to lease approximately 105 acres of oyster ground within the Thorofare in York County. The application is protested by numerous residents in the area. COMMISSION DENIED THE LEASE REQUEST 5-1 WITH ASSOCIATE COMMISSIONER FRANCE VOTING AGAINST THE MOTION. [audio]

10. ANDREW MYLES COCKRELL and ANDREW DANDRIDGE COCKRELL, Oyster Planting Ground Application #2014-291 Request authorization to lease approximately 1.30 acres of oyster ground within the Little Wicomico River in Northumberland County. The application is protested by an adjacent leaseholder COMMISSION VOTED 5-0-1 TO DENY THE LEASE APPLICATION WITH ASSOCIATE COMMISSIONER FRANCE ABSTAINING. [audio]

11. PUBLIC COMMENTS None [audio]

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

13. PUBLIC HEARING To make permanent emergency amendments to Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," that modified the timing when oyster harvesters may pay the oyster resource user fee. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4VAC 20-720-10, PERTAINING TO RESTRICTIONS ON OYSTER HARVEST," MODIFYING THE TIME WHEN OYSTER HARVESTERS MUST PAY THE OYSTER RESOURCE USER FEE FOR ALL GEARS. [audio]

14. PUBLIC HEARING To make permanent emergency amendments to Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy)," that established the 2017 Virginia Summer period commercial quota as 11,812 pounds. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT THE 2017 VIRGINIA COMMERCIAL SUMMER (MAY THROUGH OCTOBER) SCUP QUOTA OF 11,812 POUNDS. [audio]

15. PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-950-10 et seq. "Pertaining to Black Sea Bass," to establish the commercial back sea bass fishery quota for 2017. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT THE 2017 VIRGINIA COMMERCIAL BLACK SEA BASS QUOTA AS 824,080 POUNDS, WHEREBY THE 2017 DIRECTED COMMERCIAL BLACK SEA BASS FISHERY QUOTA IS 784,080 POUNDS AND THE 2017 COMMERCIAL BLACK SEA BASS BYCATCH FISHERY QUOTA IS 40,000 POUNDS. [audio]

16. DISCUSSION Consider amendments to Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," that would establish the May 1, 2017 through April 30, 2018 commercial spiny dogfish harvest quota as 4,220,814 pounds. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A JUNE 2017 PUBLIC HEARING TO ADOPT THE 2017-18 COMMERCIAL SPINY DOGFISH HARVEST QUOTA AT 4,220,814 POUNDS AND TO STREAMLINE THE BUYER REPORTING PROCESS. [audio]

17. REQUEST FOR PUBLIC HEARING Proposal to amend Chapters 4 VAC 20-270-10 et seq., "Pertaining to Crabbing"; 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters"; 4 VAC 20-1040-10 et seq., "Pertaining to Crabbing Licenses"; and, 4 VAC 20-752-10 et seq., "Pertaining to the Blue Crab Sanctuary." THE COMMISSION UNANIMOUSLY PASSED A MOTION TO ADVERTISE FOR A JUNE 2017 PUBLIC HEARING OF THE FOLLOWING REGULATORY CHANGES: 1) CHAPTER 4 VAC 20-270-10 ET SEQ., "PERTAINING TO CRABBING", A PROPOSAL TO MODIFY THE LAWFUL CRAB POT SEASON START DATE OF MARCH 17, 2018 AND SEASON ENDING DATE OF NOVEMBER 30, 2017. 2) CHAPTER 4 VAC 20-1140-10 ET SEQ., "PROHIBITION OF CRAB DREDGING IN VIRGINIA WATERS", TO PROVIDE THE COMMISSION TO MEET THE REQUIREMENT TO DETERMINE WHETHER THE 2017-18 WINTER CRAB DREDGE FISHERY SEASON SHOULD CONTINUE TO BE CLOSED; 3) DISCUSS A PARTIAL OPENING OF SANCTUARY AREA 4 THAT IS A COASTAL SANCTUARY 4) CHANGING THE TIMING OF THE FALL REDUCTION IN BUSHEL LIMITS FROM NOVEMBER 16 TO NOVEMBER 1, 2017 . [audio]

18. REQUEST FOR PUBLIC HEARING Rescind the commercial fee increase that was scheduled to go into effect in December 2017. THE COMMISSION UNANIMOUSLY APPROVED TO ADVERTISE FOR A PUBLIC HEARING IN JUNE 2017 TO RESCIND THE COMMERCIAL FEE INCREASE THAT WAS SCHEDULED TO GO INTO EFFECT IN DECEMBER 2017. [audio]

PAGE 2 ITEMS [audio]

A. VULCAN CONSTRUCTION MATERIALS, LLC, #17-0403 Requests authorization to maintenance dredge 5,048 cubic yards of State-owned submerged lands to achieve maximum depths of -18 feet at mean low water around the concrete unloading pier on an as-need basis, construct and maintain a total of 13 wood or steel mooring dolphins, and construct a 5-foot by 5-foot concrete winch platform along the Elizabeth River at Vulcan's Westminster Facility located 3425 Westminster Avenue in Norfolk. Staff recommends approval with a time-of-year restriction for any hollow steel pile driving between February 15 and June 30 of any year to protect spawning and juvenile fishes and the use of wooden pile cap cushions, bubble curtains, and "Ramp-up" techniques should impact hammers be needed for the installation of hollow steel pilings. Staff also recommends approval with a royalty of $1,605.24 for the encroachment over 802.62 square feet of State-owned subaqueous land at a rate of $2.00 per square foot. UNANIMOUSLY APPROVED WITH A ROYALTY OF $1,605.24 FOR THE ENCROACHMENT OVER 802.62 SQUARE FEET OF STATE-OWNED SUBAQUEOUS LAND AT A RATE OF $2.00 PER SQUARE FOOT.

B. VIRGINIA NATURAL GAS, #17-0459 Requests authorization to place a new 24-inch, steel, natural gas line using horizontal directional drill methods, below the substrate of the Eastern Branch Elizabeth River, adjacent to Harbor Park in the City of Norfolk. Staff recommends approval with a royalty of $3,150.00 for the encroachment over 1,050 linear feet of State-owned submerged bottom at a rate of $3.00 per linear foot. UNANIMOUSLY APPROVED WITH A ROYALTY OF $3,150.00 FOR THE ENCROACHMENT OVER 1,050 LINEAR FEET OF STATE-OWNED SUBMERGED BOTTOM AT A RATE OF $3.00 PER LINEAR FOOT.

PAGE 3 ITEMS [audio]

A. TOWN OF COLONIAL BEACH, #17-0431 Requests on behalf of their licensee, Mr. and Mrs. Robert Lane, after-the-fact authorization to retain a 10-foot by 12-foot, uncovered boat lift and associated lift piles, installed adjacent to a private non-riparian pier, situated along the Potomac River at 401 Irving Avenue in the Westmoreland County. Mr. and Ms. Lane, have agreed to pay a $1,000.00 civil charge and triple permit fees of $75.00 in lieu of further enforcement action. UNANIMOUSLY APPROVED THE PROJECT CONDITIONED UPON MR. AND MRS. LANE'S AGREEMENT TO PAY A $1000.00 CIVIL CHARGE AND TRIPLE PERMIT FEE OF $75.00 IN LIEU OF FURTHER ENFORCEMENT ACTION.

B. THE RESERVE COMMUNITY ASSOCIATION, LLC, #16-1473 Requests authorization to retain four (4) unauthorized boatlifts and to add five (5) additional boatlifts, two (2) 5-foot by 15-foot finger piers, a 5-foot by 12-foot split level landing to access a 4-foot by 16-foot gangway and an 8-foot by 16-foot floating platform in Gunston Cove adjacent to Community Association property in The Reserve Community in Fairfax County. The applicant has agreed to a $2,000.00 civil charge for the unauthorized boat lifts. Staff recommends approval with royalty of $603.00 for an additional 402 square feet of encroachment over State-owned submerged land and triple permit fees of $300.00. UNANIMOUSLY GRANTED AFTER-THE-FACT AUTHORIZATION TO RETAIN FOUR BOATLIFTS, AS WELL AS APPROVAL FOR FIVE ADDITIONAL BOATLIFTS CONDITIONED UPON THE ASSOCIATION'S AGREEMENT TO PAY A TRIPLE PERMIT FEE OF $300.00 AND A $2,000.00 CIVIL CHARGE IN LIEU OF FURTHER ENFORCEMENT ACTION AND WITH A ROYALTY OF $603.00 FOR THE ADDITIONAL PIER ENCROACHMENT OVER 402 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $1.50 PER SQUARE FOOT.



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