4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. NONE [audio]
5.CITY OF HAMPTON, #17-1061 Requests authorization to install a 147-foot by 165-foot floating aqua park surrounded by a 200-foot by 215-foot safety buoy system approximately 320 feet north of the Buckroe Fishing Pier a maximum of 240 feet channelward of mean low water along the Chesapeake Bay shoreline at Buckroe Beach in the City of Hampton. The project is protested by a City resident. UNANIMOUSLY APPROVED THE PROJECT CONDITIONED UPON THE DEVELOPMENT OF A STORM CONTINGENCY PLAN AND A CONFIRMATION FORM THE PRODUCT MANUFACTURER THAT THE WATER DEPTHS AT THE PROPOSED SITE ARE APPROPRIATE FOR THE DEPLOYMENT OF THE PRODUCT. [audio]
6.KENNETH CAMPBELL, #17-1647 Requests authorization to construct 52 linear feet of riprap marsh sill and backfill the sill with sand to support the planting of wetland vegetation at 3904 Parkway Road in Chesapeake. This project requires a wetlands permit. UNANIMOUSLY APPROVED CONDITIONED ON RECEIVING AUTHORIZATION FROM THE CITY FOR ANY WORK CONDUCTED WITHIN THE CITY RIGHT-OF-WAY. [audio]
7.NANCY MILLER-GREINER, #17-1739 Requests authorization to construct 159 linear feet of riprap revetment with a 24-foot return wall along the Eastern Branch Elizabeth River at 4030 Tanglewood Trail in Chesapeake. This project requires wetlands and subaqueous permits. UNANIMOUSLY APPROVED AS PROPOSED. [audio]
8.STEPHEN C. BUNCE, JR., Oyster Planting Ground Application #2016-077 Requests authorization to lease 98.63 acres of oyster planting ground in Nassawadox Creek in Northampton County. The project is protested by nearby property owner. UNANIMOUSLY APPROVED AS PROPOSED. [audio]
9.MR. and MRS. RICHARD F. WILLIAMS, Oyster Planting Ground Application #2015-109 Request authorization to lease 1.51 acres of oyster planting ground in Craddock Creek in Accomack County. The project is protested by a nearby property owner. UNANIMOUSLY DENIED [audio]
11. OFFENDERS: THE COMMISSION HEARD 1 CASES OF OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. [audio]
12.DISCUSSION A briefing on the Elizabeth River Project's work to clean up contaminated river bottom and restore the health of the Elizabeth River through the Living River Restoration Trust, which is the only federally sanctioned mitigation program in the nation for mitigating impacts to the bottom of a waterway. MARJORIE MAYFIELD JACKSON AND JOE RIEGER PROVIDED THE COMMISSION WITH A DETAILED BRIEFING ON THE RESTORATION WORK CONDUCTED BY THE ELIZABETH RIVER PROJECT THROUGH THE LIVING RIVER RESTORATION TRUST. [audio]
13.PUBLIC HEARING Request to establish emergency amendments as a permanent part of regulation to Chapter 4 VAC 20-260-10 et seq., " Pertaining to Designation of Seed Areas and Clean Cull Areas," that established the basket as the only measure for oyster culling tolerance. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT EMERGENCY AMENDMENTS AS PERMANENT AND ADOPT ADDITIONAL AMENDMENTS TO CHAPTER 4VAC20-260-10, ET SEQ., "PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS," TO ESTABLISH THE BASKET AS THE ONLY MEASURE FOR OYSTER CULLING TOLERANCE. [audio]
14.PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-252-10 et seq., "Pertaining the Taking of Striped Bass," to reinstate the allowable Coastal Area Striped Bass Commercial Fishery Harvest Quota for 2018, following a decrease in the 2017 quota. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT AMENDMENTS TO CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO ESTABLISH THE 2018 COASTAL AREA COMMERCIAL FISHERY STRIPED BASS QUOTA. [audio]
15.PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," to simplify permitting and increase reporting accuracy for the charter and private recreational striped bass fisheries. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT AMENDMENTS TO CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO RESCIND THE YEAR-ROUND REPORTING REQUIREMENT FOR THE CHARTER FISHERY. [audio]
16.PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to establish a February 2018 recreational black sea bass fishery and associated permitting, monitoring and reporting requirements. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS," TO ESTABLISH A FEBRUARY 2018 RECREATIONAL BLACK SEA BASS FISHERY AND ASSOCIATED PERMITTING, MONITORING AND REPORTING REQUIREMENTS. THE COMMISSION ALSO APPROVED STAFF TO ADVERTISE FOR A JANUARY 2018 PUBLIC HEARING IF NECESSARY TO ADDRESS THIS ISSUE. [audio]
17.REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1120-10 et seq., "Pertaining to Tilefish and Grouper," to increase the recreational possession limit for golden tilefish. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A JANUARY 2018 PUBLIC HEARING TO MODIFY THE RECREATIONAL HARVEST AND POSSESSION LIMIT FOR GOLDEN TILEFISH. [audio]
18.REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia" to consider adoption of a more restrictive possession limit for the commercial hook and line fishery. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A JANUARY 2018 PUBLIC HEARING FOR PROPOSED AMENDMENTS TO CHAPTER 4VAC20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA," TO ESTABLISH NEW POSSESSION LIMITS FOR COMMERCIAL HOOK-AND-LINE FISHING FOR COBIA. [audio]
A.HENRY COUNTY PUBLIC SERVICE AUTHORITY, #12-0052 Requests authorization to modify their existing subaqueous permit and install three (3) water intake structures, 145 linear feet of gabion wall baskets, 2,750 cubic yards of riprap on 1,220 square feet of subaqueous bottom, and a temporary cofferdam during construction activities at the existing Henry County Public Service Authority Upper River Water Filtration Plant along the Smith River, downstream of the Philpott Dam and Town Creek, in Henry County. UNANIMOUSLY APPROVED THE MODIFICATION.
B.WESTROCK CP, LLC, #17-1698 Requests authorization to install a fiber-reinforced polymer (FRP) veneer system along the channelward face of 927 linear feet of existing steel sheetpile bulkheading and inject cementitious epoxy grout or foam between the two walls to facilitate repairs to the North Bulkhead at their facility situated along the Pamunkey River in the Town of West Point. Staff recommends approval with a royalty of $355.00 for the encroachment of the veneer facing system over approximately 71 square feet of State-owned subaqueous bottom at a rate of $5.00 per square foot. REMOVED FROM THE AGENDA IN ACCORDANCE WITH A REQUEST FROM THE APPLICANT.
C.CORMAN-BRANCH JOINT VENTURE, #17-1747 Requests authorization to widen the existing westbound and eastbound bridge crossings over the Chickahominy River on Interstate 64 within the existing Virginia Department of Transportation right-of-way between Exits 200 and 205 in New Kent and Henrico Counties. Staff recommends approval with a condition that the permit shall be transferred to VDOT upon completion of the project and the inclusion of our standard instream work permit conditions. UNANIMOUSLY APPROVED WITH A CONDITION THAT THE PERMIT SHALL BE TRANSFERRED TO VDOT UPON COMPLETION OF THE PROJECT AND THE INCLUSION OF OUR STANDARD INSTREAM WORK PERMIT CONDITIONS.
D.THE MENNEL MILLING COMPANY, #17-1804, Requests authorization to demolish and replace an existing grain conveyor, to include sheet pile retaining walls and pile-supported marine foundations, two switch block platforms, two winch platforms and a new conveyor tower platform and belt system to facilitate repairs/improvements to their existing grain-loading facility located on the Pamunkey River in the Town of West Point. Staff recommends approval with an instream work time-of-year restriction from February 15 through June 30 of any year to protect anadromous fish and a royalty of $7,816.00 for the encroachment of the new grain conveyor and mooring facility over approximately 3,908 square feet of State-owned subaqueous bottom at a rate of $2.00 per square foot. UNANIMOUSLY APPROVED WITH AN INSTREAM WORK TIME-OF-YEAR RESTRICTION FROM FEBRUARY 15 THROUGH JUNE 30 OF ANY YEAR TO PROTECT ANADROMOUS FISH AND A ROYALTY OF $7,816.00 FOR THE ENCROACHMENT OF THE NEW GRAIN CONVEYOR AND MOORING FACILITY OVER APPROXIMATELY 3,908 SQUARE FEET OF STATE-OWNED SUBAQUEOUS BOTTOM AT A RATE OF $2.00 PER SQUARE FOOT.
E.CITY OF VIRGINIA BEACH, #17-1649 Requests authorization to nourish approximately 3,700 linear feet of the existing Croatan Beach shoreline to a maximum distance of 300 feet channelward of mean low water between Rudee Inlet to the north and Camp Pendleton to the south, along the Atlantic Ocean in Virginia Beach. Approximately 230,000 cubic yards of beach quality sand will be truck-hauled to the beach from an upland sand quarry. UNANIMOUSLY APPROVED.
F.JAMES CITY SERVICE AUTHORITY, #16-1533 Requests authorization to install a raw water intake pipe structure consisting of three (3) 36-inch diameter pipes extending approximately 480 linear feet into the Chickahominy River near its confluence with Gordon Creek, and a 16-inch diameter brine concentrate discharge pipe structure extending approximately 800 feet channelward of mean low water and situated immediately upstream of the Route 5 bridge crossing of the Chickahominy River, adjacent to County owned property situated at the Chickahominy Riverfront Park in James City County. Staff recommends approval with the following special conditions:
1. Prior to construction activities, the permittee will submit for VMRC approval, detailed construction plans detailing the installation techniques for both the intake and outfall structures, including erosion and sediment control plans and details on any proposed cofferdams;
2. Permittee agrees to a time-of-year restriction on all instream construction work from February 15 through June 30 to protect anadromous fish species and August 1 through November 30 to protect the federally Endangered Atlantic Sturgeon;
3. Permittee agrees to construct and operate the water intake structure with one-millimeter screen slots, and a maximum through-slot velocity of 0.25 feet per second (fps) as shown on application drawings;
4. Permittee agrees to coordinate with the Virginia Department of Transportation as construction plans are developed, due to the proximity of the outfall pipe and structure to the State Route 5 bridge crossing of the Chickahominy River;
5. Should air burst (to control intake fouling) prove to be inadequate, the Permittee agrees to submit plans for alternative or additional biofouling techniques to VMRC for review and approval, prior to installation;
6. Prior to the installation of the intake and outfall structures authorized herein, the Permittee agrees to implement or fund one or more waterway blockage removal projects or fish passage projects, to restore anadromous fish habitat to a minimum of one-half mile of waterway within the Chickahominy River watershed. The mitigation project selected shall be evaluated and approved by Commission staff and shall not exceed $75,000. The Permittee further agrees the funding for the mitigation project shall be confirmed, or the specified project completed, six months prior to the initiation of project construction authorized herein. Such confirmation shall be provided in writing to the Virginia Marine Resources Commission. UNANIMOUSLY APPROVED WITH THE FOLLOWING SPECIAL CONDITIONS:
1. PRIOR TO CONSTRUCTION ACTIVITIES, THE PERMITTEE WILL SUBMIT FOR VMRC APPROVAL, DETAILED CONSTRUCTION PLANS DETAILING THE INSTALLATION TECHNIQUES FOR BOTH THE INTAKE AND OUTFALL STRUCTURES, INCLUDING EROSION AND SEDIMENT CONTROL PLANS AND DETAILS ON ANY PROPOSED COFFERDAMS;
2. PERMITTEE AGREES TO A TIME-OF-YEAR RESTRICTION ON ALL INSTREAM CONSTRUCTION WORK FROM FEBRUARY 15 THROUGH JUNE 30 TO PROTECT ANADROMOUS FISH SPECIES AND AUGUST 1 THROUGH NOVEMBER 30 TO PROTECT THE FEDERALLY ENDANGERED ATLANTIC STURGEON;
3. PERMITTEE AGREES TO CONSTRUCT AND OPERATE THE WATER INTAKE STRUCTURE WITH ONE-MILLIMETER SCREEN SLOTS, AND A MAXIMUM THROUGH-SLOT VELOCITY OF 0.25 FEET PER SECOND (FPS) AS SHOWN ON APPLICATION DRAWINGS;
4. PERMITTEE AGREES TO COORDINATE WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION AS CONSTRUCTION PLANS ARE DEVELOPED, DUE TO THE PROXIMITY OF THE OUTFALL PIPE AND STRUCTURE TO THE STATE ROUTE 5 BRIDGE CROSSING OF THE CHICKAHOMINY RIVER;
5. SHOULD AIR BURST (TO CONTROL INTAKE FOULING) PROVE TO BE INADEQUATE, THE PERMITTEE AGREES TO SUBMIT PLANS FOR ALTERNATIVE OR ADDITIONAL BIOFOULING TECHNIQUES TO VMRC FOR REVIEW AND APPROVAL, PRIOR TO INSTALLATION;
6. PRIOR TO THE INSTALLATION OF THE INTAKE AND OUTFALL STRUCTURES AUTHORIZED HEREIN, THE PERMITTEE AGREES TO IMPLEMENT OR FUND ONE OR MORE WATERWAY BLOCKAGE REMOVAL PROJECTS OR FISH PASSAGE PROJECTS, TO RESTORE ANADROMOUS FISH HABITAT TO A MINIMUM OF ONE-HALF MILE OF WATERWAY WITHIN THE CHICKAHOMINY RIVER WATERSHED. THE MITIGATION PROJECT SELECTED SHALL BE EVALUATED AND APPROVED BY COMMISSION STAFF AND SHALL NOT EXCEED $75,000. THE PERMITTEE FURTHER AGREES THE FUNDING FOR THE
MITIGATION PROJECT SHALL BE CONFIRMED, OR THE SPECIFIED PROJECT COMPLETED, SIX MONTHS PRIOR TO THE INITIATION OF PROJECT CONSTRUCTION AUTHORIZED HEREIN. SUCH CONFIRMATION SHALL BE PROVIDED IN WRITING TO THE VIRGINIA MARINE RESOURCES COMMISSION.