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COMMISSION ACTIONS December 13, 2016

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). UNANIMOUSLY APPROVED AGENDA 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. JEAN CASE, #16-1320 Appeal by 41 freeholders of the Mathews County Wetlands Board decision to authorize the installation of 436 linear feet of riprap revetment and two breakwater spurs along the East River shoreline at 726 Turpin Lane in Mathews County. Continued from the November 1, 2016, Commission meeting at the request of the appellants. UNANIMOUSLY VOTED TO UPHOLD THE DECISION OF THE MATHEWS COUNTY WETLANDS BOARD TO APPROVE THE REVISED PROJECT. [audio]

6. KENNETH MOYER, #16-1600 Requests authorization to construct 220 linear feet of bulkhead a maximum of two (2) feet channelward of a deteriorating bulkhead along a canal tributary to the Southern Branch Elizabeth River, at 1129 Sunlight Drive in the City of Chesapeake. This project requires a wetlands permit. UNANIMOUSLY APPROVED AS PROPOSED. [audio]

7. RAPPAHANNOCK RIVER YACHT CLUB, INC., #16-1190 Requests authorization to add a 24-foot long by 8-foot wide, floating dock to the end of an existing 36-foot long dock adjacent to their boat ramp at property on Carter Creek at 100 Rappahannock Road in the Town of Irvington, Lancaster County. The project is protested by an adjacent property owner. UNANIMOUSLY VOTED TO APPROVE THE PROJECT AS PROPOSED WITH A ROYALTY IN THE AMOUNT OF $288.00 FOR THE ENCROACHMENT OF THE PIER OVER 192 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $1.50 PER SQUARE FOOT. [audio]

8. CROXTON, CROXTON & CROXTON, LLC, #16-1510 Requests authorization to install a 204-foot long by 8-foot foot wide floating pier with twelve (12) 32-foot long by 4-foot wide finger piers and two (2) 30-foot long by 4-foot wide piers to create a total of 24 transient slips, construct a 162-foot long fixed and floating wave attenuator with 70 linear feet of riprap breakwater repair, and construct 510-linear feet of vinyl sheet-pile replacement bulkhead, a maximum of two (2) feet channelward of an existing timber bulkhead, including the filling of 289 square feet of State-owned subaqueous bottom adjacent to their commercial facility on Locklies Creek at 784 Locklies Creek Road in Middlesex County. The applicants have requested Commission review of the staff-recommended royalty for the filling of and encroachment over State-owned subaqueous lands resulting from the proposal. VOTED 7-2 (ASSOCIATE COMMISSIONERS FRANCE AND MINOR OPPOSED) TO APPROVE THE PROJECT IN ACCORDANCE WITH STAFF RECOMMENDATION, WHICH INCLUDES A TOTAL ROYALTY ASSESSMENT IN THE AMOUNT OF $20,113.00 AND A SPECIAL PERMIT CONDITION DIRECTING THE PERMITTEE NOTIFY VMRC AND THE PERSONNEL AT THE VIMS SHELLFISH HATCHERY, DIRECTLY ACROSS THE CREEK, AT LEAST THREE (3) DAYS PRIOR TO ANY PERMITTED CONSTRUCTION ACTIVITIES. [audio]

9. DEPARTMENT OF GAME AND INLAND FISHERIES, #15-0036 Requests after-the-fact authorization to retain a 40-foot long by 6-foot wide open-pile pier with a 12.5-foot by 16-foot kayak launch platform, a 10-foot wide by 65-foot long open-pile tending pier with a 8-foot by 39-foot long L-head with associated wave screen, a 8-foot wide by 66-foot long open-pile tending pier, and a 64-foot long open-pile tending pier that widens from 5 feet wide to 10.5 feet wide at its channelward end with associated wave screen at the Fox Hill public boat landing located along Back River adjacent to 365 Dandy Point Road in the City of Hampton. VOTED 8-1 (ASSOCIATE COMMISSIONER ERSKINE OPPOSED) TO ACCEPT STAFF RECOMMENDATION TO APPROVE THE PROJECT AS CONSTRUCTED. [audio]

10. DEPARTMENT OF GAME AND INLAND FISHERIES, #15-0733 Requests after-the-fact authorization to retain a 10-foot wide by 139-foot long open-pile tending pier with a 8-foot wide by 17-foot long L-head with associated wave screen along the East River at the Town Point public boat landing facility in Mathews County. VOTED 8-1 (ASSOCIATE COMMISSIONER ERSKINE OPPOSED) TO ACCEPT STAFF RECOMMENDATION TO APPROVE THE PROJECT AS CONSTRUCTED. [audio]

11. PUBLIC COMMENTS None [audio]

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

13. PUBLIC HEARING Amendments to Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," and Chapter 4 VAC 20-1120-10 et seq., "Pertaining to Tilefish and Groupers," to streamline and standardize mandatory reporting requirements for recreational fisheries. THE COMMISSION UNANIMOUSLY APPROVES AN AMENDED STAFF RECOMMENDATION. THE COMMISSION VOTED TO ADOPT THE FOLLOWING REGULATORY AMENDMENTS: CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS" (ESTABLISH PRIVATE VESSEL AND CHARTER-HEADBOAT PERMITS IN ADDITION TO INDIVIDUAL PERMITS; REDUCE REPORTING REQUIREMENTS FOR BAY, COASTAL, AND POTOMAC SPRING TROPHY STRIPED BASS SEASONS DOWN TO DATE OF TRIP, LOCATION, NUMBER OF ANGLERS, AND NUMBER OF TROPHY STRIPED BASS CAUGHT/RELEASED; AND ESTABLISH THAT THOSE WHO FAIL TO REPORT ACTIVITY/NO ACTIVITY WILL BE INELIGIBLE FOR OBTAINING THE PERMIT IN THE FOLLOWING YEAR); CHAPTER 4 VAC 20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA" (ESTABLISH INDIVIDUAL, PRIVATE VESSEL, AND CHARTER-HEADBOAT RECREATIONAL PERMITS; ESTABLISH REPORTING REQUIREMENTS OF DATE OF TRIP, NUMBER OF ANGLERS, AND NUMBER OF COBIA CAUGHT/RELEASED; MAKE REPORTS DUE 15 DAYS FOLLOWING THE CLOSE OF THE RECREATIONAL SEASON; AND ESTABLISH THAT THOSE WHO FAIL TO REPORT ACTIVITY/NO ACTIVITY WILL BE INELIGIBLE FOR OBTAINING THE PERMIT IN THE FOLLOWING YEAR); AND CHAPTER 4 VAC 20-1120-10 ET SEQ., "PERTAINING TO TILEFISH AND GROUPERS" (ESTABLISH INDIVIDUAL PERMITS IN ADDITION TO VESSEL PERMITS; REDUCE REPORTING REQUIREMENTS DOWN TO DATE OF HARVEST, NUMBER OF ANGLERS, AND NUMBER OF TILEFISH AND GROUPERS CAUGHT/RELEASED; MAKE REPORTS DUE 15 DAYS FOLLOWING THE CLOSE OF THE RECREATIONAL SEASON; AND ESTABLISH THAT THOSE WHO FAIL TO REPORT ACTIVITY/NO ACTIVITY WILL BE INELIGIBLE FOR OBTAINING THE PERMIT IN THE FOLLOWING YEAR). THE COMMISSION ALSO APPROVED THE ADDITION OF A MORE TIMELY REPORTING REQUIREMENT, 7 DAYS, FOR HARVESTED AND RELEASED FISH. [audio]

14. PUBLIC HEARING The Commission proposes to amend Chapter 4 VAC 20-1090-10 et seq., "Pertaining to Licensing Requirements and License Fees" to enable agency functions to keep pace with rising management costs. If approved by the Commission, these fee increases would be effective December 1, 2017. THE COMMISSION UNANIMOUSLY APPROVES STAFF RECOMMENDATION TO ADOPT AMENDMENTS TO CHAPTER 4 VAC 20-1090-10 ET SEQ., "PERTAINING TO LICENSING REQUIREMENTS AND LICENSE FEES" TO ADJUST THE FEES ASSOCIATED WITH COMMERCIAL LICENSES TO KEEP PACE WITH RISING MANAGEMENT COSTS. [audio]

15. RECOMMENDATION Recommendations from the Recreational Fishing Advisory Board on proposed project expenditures from the Virginia Saltwater Recreational Fishing Development Fund. THE COMMISSION UNANIMOUSLY APPROVES STAFF RECOMMENDATION TO FUND ALL PROJECTS, FOR EXPENDITURES TOTALING $376,841, FROM THE RECREATIONAL LICENSE FUND (VSRFDF). [audio]

16. REQUEST FOR AN EMERGENCY AMENDMENT To amend Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," to establish a closure date for the commercial Cobia fishery. THE COMMISSION UNANIMOUSLY APPROVES STAFF RECOMMENDATION TO ADOPT EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBA," TO ESTABLISH A CLOSURE OF THE COMMERCIAL COBIA FISHERY AND TO ADVERTISE FOR A PUBLIC HEARING FOR THE JANUARY 2017 MEETING. [audio]

17. REQUEST FOR AN EMERGENCY AMENDMENT To amend Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass", to lower the 2017 Commercial Coastal Striped Bass Quota. THE COMMISSION UNANIMOUSLY APPROVES STAFF RECOMMENDATION TO MAKE EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS", TO LOWER THE 2017 COMMERCIAL COASTAL STRIPED BASS QUOTA AND TO ADVERTISE FOR A PUBLIC HEARING AT THE JANUARY 2017 MEETING. [audio]

PAGE 2 ITEMS [audio]

A. CITY OF NORFOLK, #15-0328 Requests authorization to mechanically dredge 165,000 cubic yards of State-owned subaqueous bottom to attain depths of minus four (-4) feet MLW in the mainstem of Mason Creek and depths of minus three and a half (-3.5) feet MLW in the narrower arms and coves, install a 20-foot by 20-foot open-pile platform, and install 48 bubble diffusers in Mason Creek, upstream of the culverted channel adjacent to Naval Station Norfolk in the City of Norfolk. UNANIMOUSLY APPROVED AS PROPOSED.

B. MICROSOFT INFRASTRUCTURE GROUP LLC, #16-1205 Requests authorization to install a trans-Atlantic fiber optic telecommunications cable and conduit under the three nautical miles of Virginia's State-owned submerged bottomlands within the Atlantic Ocean, directly adjacent to the Croatan Beach Municipal Parking Lot in Virginia Beach, within a 100-200 meter corridor. The cable will be installed in a horizontally drilled conduit under the beach and extending to a distance approximately 0.5 nautical miles offshore, and then be installed by a cable sea plow to a depth of three (3) feet below the seabed until it until it passes the State's three nautical mile offshore boundary. Three separate horizontally drilled conduits will also be installed under the beach and adjacent to the cable/conduit to a similar distance offshore and remain vacant with the intent of accommodating future submarine fiber optic cable projects. The cable and conduit installations are part of the MAREA Fiber Optic System Project linking Virginia Beach to Bilbao, Spain. Staff recommends approval with a royalty of $82,026.00 for the crossing of 27,342 linear feet of State-owned submerged bottomlands at $3.00 per linear foot UNANIMOUSLY APPROVED WITH A ROYALTY OF $82,026.00 FOR THE CROSSING OF 27,342 LINEAR FEET OF STATE-OWNED SUBMERGED BOTTOMLANDS AT $3.00 PER LINEAR FOOT.

C. PERDUE AGRIBUSINESS, LLC, #16-1287 Requests authorization to mechanically maintenance dredge 14,000 cubic yards of State-owned submerged lands to a maximum depth of -38 feet at mean low water adjacent to the unloading dock, and -42 mean low water adjacent to the loading dock at the Perdue Agribusiness facility located at the confluence of the Southern Branch Elizabeth River and Jones Creek in the City of Chesapeake. Dredged material will be transported by sealed barge to the Craney Island Dredge Material Management Area or an approved upland location. UNANIMOUSLY APPROVED AS PROPOSED.



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