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COMMISSION ACTIONS December 11, 2018

** APPROVAL OF AGENDA. APPROVED BY UNANIMOUS VOTE. [audio]

1. MINUTES of previous meeting. APPROVED BY UNANIMOUS VOTE. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). ITEMS 2A - 2D WERE APPROVED BY UNANIMOUS VOTE. [audio]

3. CONSENT AGENDA ITEMS. ITEM 3A WAS APPROVED BY UNANIMOUS VOTE. [audio]

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

5. HELEN KIDWELL, #18-0623 Requests authorization to remove a failing bulkhead and to install 75 linear feet of Class 3 riprap on a section of beach along Hampton Roads, at 1562 Chela Avenue in the City of Norfolk. The project requires a dune and beach permit. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

6. VIRGINIA ELECTRIC AND POWER COMPANY, #18-1438 Requests authorization to construct 365 linear feet of riprap revetment that includes an oil collection system, and install a temporary cofferdam at the Dominion Chesapeake Energy Center situated along the Southern Branch Elizabeth River at 2701 VEPCO Street in the City of Chesapeake. This project requires a wetlands and subaqueous permit. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

7. THE RETREAT AT HARBOR POINTE, LP, #18-0798 Requests authorization to install portions of a 5-foot wide by 1,441-foot long open-pile marginal walkway near the mean low waterline that extends over submerged land and 112 total linear feet of concrete oyster castles along the Eastern Branch Elizabeth River, at 350 Campostella Road in the City of Norfolk. The project is protested by adjacent property owners. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

8. GARY W. HOWARD, Oyster Planting Ground Application #2016-268 Requests authorization to lease 6.64 acres of Oyster Planting Ground in Simoneaston Bay, Accomack County. The project is protested by local watermen. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

9. KATHERINE NOEL STITELY and CHARLES N. MORRISON, SR., Oyster Planting Ground Application #2017-019 Request authorization to lease 8.83 acres of Oyster Planting Ground in Simoneaston Bay, Accomack County. The project is protested by local watermen. THE PROJECT WAS APPROVED UNANIMOUSLY AS SUBMITTED FOR THE REQUESTED 8.83 ACRES. [audio]

10. PUBLIC COMMENTS [audio]

11. PUBLIC HEARING Proposal to permanently adopt emergency amendments to Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to adjust the opening dates of Rappahannock Area 3 from January 1, 2019 through February 28, 2019 to November 12, 2018 through January 10, 2019, and to lower the bushel limit in the patent tong areas from ten bushels to eight bushels per licensed harvester. THE COMMISSION UNANIMOUSLY APPROVED STAFF'S RECOMMENDATION TO PERMANENTLY ADOPT EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-720-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON OYSTER HARVEST," TO ADJUST THE OPENING DATES OF RAPPAHANNOCK AREA 3 FROM JANUARY 1, 2019 THROUGH FEBRUARY 28, 2019 TO NOVEMBER 12, 2018 THROUGH JANUARY 10, 2019, AND TO LOWER THE BUSHEL LIMIT IN THE PATENT TONG AREAS FROM TEN BUSHELS TO EIGHT BUSHELS PER LICENSED HARVESTER. [audio]

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1180-10 et seq., "Pertaining to Fishing Guides," to establish the exact number of Class A fishing guide licenses available for purchase from the Commission each year. THE COMMISSION UNANIMOUSLY APPROVED STAFF'S RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-1180-10 ET SEQ., "PERTAINING TO FISHING GUIDES," TO ESTABLISH THE EXACT NUMBER OF CLASS A FISHING GUIDE LICENSES (240 FOR RESIDENTS AND 38 FOR NON-RESIDENTS) AVAILABLE FOR PURCHASE FROM THE VMRC EACH YEAR. [audio]

13. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq. "Pertaining to Black Sea Bass," to improve the characterization of directed and bycatch fishery permits for the black sea bass fishery. THE COMMISSION UNANIMOUSLY APPROVED STAFF'S RECOMMENDATION TO ADVERTISE FOR A JANUARY 2019 PUBLIC HEARING CONCERNING THE AMENDMENT OF CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS". [audio]

14. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to consider the establishment of a February 2019 recreational black sea bass fishery and to modify the recreational black sea bass permitting requirements. THE COMMISSION UNANIMOUSLY APPROVED THE ADVERTISEMENT OF A PUBLIC HEARING TO ESTABLISH A FEBRUARY 2019 RECREATIONAL BLACK SEA BASS FISHERY AND TO MODIFY THE RECREATIONAL BLACK SEA BASS PERMITTING REQUIREMENTS IN CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS". [audio]

15. DISCUSSION Presentation on results from the 2018 experimental shrimp fishery. [audio]

PAGE 2 ITEMS [audio]

A. NEW KENT COUNTY, #16-0763 Requests authorization to install an 8 MGD raw water intake, with one-millimeter screen slots and a maximum through-slot velocity of 0.25 feet per second (fps), in the Pamunkey River near Old Church Road (SR 606) on the Northbury Farm in New Kent County. The project includes a jurisdictional submerged waterline beneath approximately eight (8) linear feet of Black Creek and is intended to provide a reliable public water supply for New Kent County and satisfy projected water demands for the next 50 years. Staff recommends approval with the following special conditions: 1. 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 15 to protect the Federally endangered Atlantic sturgeon, unless waived in writing based on the concurrence of the Department of Game and Inland Fisheries and the Virginia Institute of Marine Science; 2. Permittee agrees to provide $75,000.00 in funding for an alewife and blueback herring hatchery propagation and age validation study received July 6, 2018. Captured returns of adult herring will be evaluated for oxytetracycline marked otoliths for age validation of Virginia river herring stocks and evaluation of hatchery propagation as a conservation tool for river herring in Virginia. Annual reports shall be provided to VMRC and the Atlantic States Marine Fisheries Commission, for a five-year period, following study initiation. Data from the age validation study and any resultant otoliths shall be provided to and retained by the Marine Resources Commission for use as a training set to aid Atlantic Coast States fisheries managers with age validation and management of river herring stocks. APPROVED BY UNANIMOUS VOTE.

B. APPALACHIAN POWER COMPANY, #18-1305 Requests authorization to construct 21 individual aerial crossings of sections of the McClure River and its tributaries, totaling 2,043 feet. The utility intends to install a new non-electric, telecom cable, installed below the existing electrical conductors and attached to existing distribution poles, in Russell and Dickenson Counties. Staff recommends a royalty of $6,129.00 for the encroachment over 2,043 linear feet of State-owned submerged land at a rate of $3.00 per linear foot. APPROVED BY UNANIMOUS VOTE.

C. TOWN OF CAPE CHARLES, #18-1520 Requests authorization to install a 735-foot long offshore stone breakwater north of three (3) existing breakwaters and a 425-foot long offshore stone breakwater south of the three (3) existing breakwaters. The project is situated on the Chesapeake Bay, approximately 2,500 feet west of Cape Charles Harbor in the Town of Cape Charles. This is a renewal of the previously issued permit for the five (5) breakwaters. All previous conditions shall apply. APPROVED BY UNANIMOUS VOTE.

D. WAGMAN HEAVY CIVIL, INC., #18-0669 Requests a modification to their previously issued permit to allow for the installation of an additional 2,500 square feet of temporary stone causeway to facilitate construction of the I-95 Southbound Collector Distributor Lanes Project across the Rappahannock River in Spotsylvania and Stafford Counties. Recommend approval with all previous permit conditions to remain in effect, including complete removal of the temporary causeway upon project completion. APPROVED BY UNANIMOUS VOTE.

PAGE 3 ITEMS [audio]

A. BARRY SPENCE, #18-1263 Requests authorization to retain 100 linear feet of oyster shell bag marsh sill and to install 186 linear feet of quarry stone riprap sill channelward of the shell bag sill, extending a maximum of six (6) feet channelward of mean low water along the shoreline of property on Sturgeon Creek at 115 Sturgeon Point Loop in Middlesex County. The applicant has agreed to pay a civil charge of $1,000.00 in lieu of further enforcement action for the portion of the shell bag sill previously installed without prior authorization over State-owned submerged bottom in the creek. APPROVED BY UNANIMOUS VOTE.



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