COMMISSION ACTIONS July 26, 2016

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

1. MINUTES of previous meeting. UNANIMOUSLY APPROVED WITH CLARIFICATION NOTING THAT ASSOCIATE COMMISSIONERS KELLUM AND NEILL ABSTAINED FROM VOTING ON ITEM #9 [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. NONE [audio]

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. [audio]

5. TOMMY GARNER, #12-1423 Requests authorization to modify an existing VMRC Subaqueous Permit and install a boat lift and 12-foot long bench seat on a previously authorized non-riparian pier along Deep Creek at 632 Snug Harbor Lane in the City of Newport News. The project is protested by the property owner and an adjacent property owner. UNANIMOUSLY VOTED TO AUTHORIZE THE CONSTRUCTION OF THE PROPOSED BENCH AND TO DENY THE PROPOSED BOAT LIFT. [audio]

6. ATACK PROPERTIES, INC., #15-1740 Requests authorization to retain two (2) timber jetties constructed without VMRC authorization and to construct a new tending pier adjacent to a previously authorized community boat ramp at property situated along the Rappahannock River in Richmond County. UNANIMOUSLY APPROVED THE MODIFICATION PER STAFF RECOMMENDATION WITH THE ASSESSMENT OF AN ADDITIONAL ROYALTY FOR THE ENCROACHMENT OF THE ADDITIONAL STRUCTURES. ASSOCIATE COMMISSIONER FRANCE RECUSED HIMSELF AND DID NOT PARTICIPATE IN THE PUBLIC HEARING. [audio]

7. CHRISTOPHER P. CADENA AND PHILIP R. CADENA, #2015-097S Request authorization to lease approximately 40 acres of oyster planting ground in Upshur Bay, Accomack County. The application is protested by Ann Arseniu. VOTED 5-2 WITH ASSOCIATE COMMISSIONERS TANKARD AND KELLUM OPPOSED, TO PROCEED WITH THE MARKING AND PROCESSING OF THE CADENAS' APPLICATION TO LEASE APPROXIMATELY 40 ACRES, FINDING THAT THE CADENAS' COMPETE APPLICATION WAS RECEIVED BY THE AGENCY BEFORE THE APPLICATION BY MS. ARSENIU. [audio (7 & 8 combined)]

8. ANN E. ARSENIU, #2015-103S Requests authorization to lease approximately 120 acres of oyster planting ground in Upshur Bay, Accomack County. The application includes the Cadena’s 40-acre application. VOTED 5-2 WITH ASSOCIATE COMMISSIONERS TANKARD AND KELLUM OPPOSED, TO PROCEED WITH THE MARKING AND PROCESSING OF MS. ARSENIU'S APPLICATION TO LEASE 120 ACRES MINUS ANY AREA NOT EVENTUALLY LEASED TO THE CADENAS. THE CADENAS' APPLICATION TO LEASE APPROXIMATELY 40 ACRES WILL BE CONSIDERED BEFORE MS. ARSENIU'S REQUEST BASED UPON THE FINDING THAT THE CADENAS’ APPLICATION WAS RECEIVED FIRST. . [audio (7 & 8 combined)]

9. ANTHONY W. MARTIN, #2014-095; SUE MARTIN, #2014-097; JAMES DALE MARTIN, #2014-098; JOHN I. MARTIN, #2014-099; ANTHONY W. MARTIN, #2014-100; JOHN MARTIN, #2014-121; MARTIN OYSTER CO., #2014-096; MARTIN AND MARTIN, #2014-120 The applicants are seeking numerous leases of 175.00 acres (1) and 250 acres (7) within the Chesapeake Bay in the City of Poquoson. The applications are the subject of a petition of protest signed by 50 individuals. VOTED 6-1 WITH COMMISSIONER BULL OPPOSED, TO DENY ALL OF THE APPLICATIONS. [audio]

10. DONALD T. WATKINS, #2016-025 Requests authorization to lease approximately five (5) acres of oyster planting grounds in the Poquoson River in the City of Poquoson. The application is protested by numerous local residents. VOTED 6-1, WITH ASSOCIATE COMMISSIONER TANKARD OPPOSED, TO LEASE THE DEEPER PORTION OF THE PROPOSED ALTERNATE LEASE AREA CONTAINING MEAN LOW WATER DEPTHS OF APPROXIMATELY MINUS FOUR (-4') FEET OR MORE. [audio]

11. PUBLIC COMMENTS [audio]

12. OFFENDERS: THE COMMISSION HEARD 3 CASES OF OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. [audio]

13. PUBLIC HEARING To make permanent emergency amendments to Chapter 4 VAC 20-1090-10 et seq.," Pertaining to Licensing Requirements and License Fees," for the recreational 5 crab pot license to be consistent with the changes in Section 28.2-226.2 of the Code of Virginia. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT LICENSE FEES FOR THE RECREATIONAL 5 CRAB POT LICENSE TO BE CONSISTENT WITH THE CODE OF VIRGINIA. [audio]

14. REQUEST FOR PUBLIC HEARING Amendments to Chapter 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish", to establish the 2016 Virginia commercial bluefish quota. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A AUGUST 2016 PUBLIC HEARING TO ADOPT AMENDMENTS TO CHAPTER 4 VAC 20-450-10 ET SEQ., "PERTAINING TO THE TAKING OF BLUEFISH", TO ESTABLISH THE 2016 COMMERCIAL BLUEFISH QUOTA. [audio]

15. REQUEST FOR PUBLIC HEARING Amendments to Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to establish the 2016-2017 public oyster harvest seasons and management measures that could include, but are not limited to, lower bushel limits and effort limitations. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A AUGUST 2016 PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-720-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON OYSTER HARVEST," TO ESTABLISH THE 2016-2017 PUBLIC OYSTER HARVEST SEASONS AND MANAGEMENT MEASURES THAT COULD INCLUDE, BUT ARE NOT LIMITED TO, LOWER BUSHEL LIMITS AND EFFORT LIMITATIONS. [audio]

16. REQUEST FOR PUBLIC HEARING Amendments to Chapter 4 VAC20- 260-10 et seq., "Pertaining to Designation of Seed Areas and Clean Cull Areas," to establish baskets (circular plastic mesh containers of not less than 2500 cubic inches but not more than 3000 cubic inches), filled level across the entire top, as the only unit of measurement for buying or selling clean cull oysters harvested from public oyster grounds. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A AUGUST 2016 PUBLIC HEARING TO AMEND CHAPTER 4 VAC20-260-10 ET SEQ., "PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS," TO ESTABLISH BASKETS (CIRCULAR PLASTIC MESH CONTAINERS OF NOT LESS THAN 2500 CUBIC INCHES BUT NOT MORE THAN 3000 CUBIC INCHES), FILLED LEVEL ACROSS THE ENTIRE TOP, AS THE ONLY UNIT OF MEASUREMENT FOR BUYING OR SELLING CLEAN CULL OYSTERS HARVESTED FROM PUBLIC OYSTER GROUNDS. [audio]

17. RECOMMENDATION RECOMMENDATIONS FROM THE COMMERCIAL FISHING ADVISORY BOARD. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO FUND BOTH PROJECTS TOTALING $40,000 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF). [audio]

18. DISCUSSION Rescheduling the October Commission Meeting date for November 8 and setting the date of the November/December Commission Meeting for December 13. THE COMMISSION APPROVED RESCHEDULING THE OCTOBER COMMISSION MEETING TO TUESDAY NOVEMBER 1, 2016 AND SETTING THE DATE FOR THE NOVEMBER/DECEMBER MEETING FOR TUESDAY DECEMBER 13, 2016. [audio]

PAGE 2 ITEMS [audio]

2A. VIRGINIA POWER AND ELECTRIC COMPANY, #16-0710 Requests authorization to perform maintenance dredging, by hydraulic method, of up to 150, 000 cubic yards of State-owned subaqueous land, on an as-needed basis, within the intake channel for the Surry Nuclear Power Plant, in the James River in Surry County. The dredge material will be contained in an adjacent upland site. Staff recommends approval with special conditions to include: a time-of-year restriction to protect anadromous fish from February 15- June 30 of any year, a time-of-year restriction to protect spawning oysters from June 30 – August 31 of any year, and in the event of an emergency situation where immediate dredging is required, the Commissioner, or his designee, upon request from the permittee, may grant relief from the time-of-year restrictions to conduct emergency dredging. UNANIMOUSLY APPROVED WITH THE FOLLOWING SPECIAL CONDITIONS RECOMMENDED BY STAFF: A TIME-OF-YEAR RESTRICTION TO PROTECT ANADROMOUS FISH FROM FEBRUARY 15- JUNE 30 OF ANY YEAR, A TIME-OF-YEAR RESTRICTION TO PROTECT SPAWNING OYSTERS FROM JUNE 30 – AUGUST 31 OF ANY YEAR, AND IN THE EVENT OF AN EMERGENCY SITUATION WHERE IMMEDIATE DREDGING IS REQUIRED, THE COMMISSIONER, OR HIS DESIGNEE, UPON REQUEST FROM THE PERMITTEE, MAY GRANT RELIEF FROM THE TIME-OF-YEAR RESTRICTIONS TO CONDUCT EMERGENCY DREDGING.

2B. CHERRY HILL CONSTRUCTION, INC., #15-0777 Requests authorization to modify an existing VMRC Subaqueous Permit to install a 23-foot wide by 9-foot high grate constructed of 3/8-inch rebar across Boush Creek and install five culvert openings and a concrete ditch opening into the concrete walls of Boush Creek channel as part of the I-564 Intermodal Connector Project in the City of Norfolk. UNANIMOUSLY APPROVED THE MODIFICATION.