COMMISSION ACTIONS May 28, 2019

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

1. MINUTES of previous meeting. APPROVED AS AMENDED BY A VOTE OF 7-0-1. ASSOCIATE COMMISSIONER EVERETT ABSTAINED. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. LAW ENFORCEMENT Law Enforcement Awards Presentation. [audio]

6. LICENSE STATUS REVIEW: THE COMMISSION HEARD 5 CASES OF LICENSE STATUS REVIEWS. [audio]

7. BAYLOR CORPORATION, #18-1446 Requests authorization to impact tidal wetlands by constructing an 11-foot by 18-foot riprap stormwater outfall at the terminus of Michael Drive, adjacent to St. Julians Creek in the City of Chesapeake. The project requires a tidal wetlands permit. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. THE APPROVAL WAS CONTINGENT ON THE APPLICANT'S AGREEMENT TO PURCHASE 107 SQUARE FEET OF TIDAL MITIGATION CREDITS FROM THE NEW MILL CREEK TIDAL WETLANDS BANK. [audio]

8. CHESAPEAKE DEPARTMENT OF PUBLIC WORKS, #18-1573 Requests authorization to impact tidal wetlands by filling a man-made tidal drainage ditch and converting it to an underground stormwater pipe, and planting 50 square feet of vegetated wetlands between 2000 and 2004 Christopher Drive in the City of Chesapeake. The project requires a tidal wetlands permit. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. THE APPROVAL WAS CONTINGENT ON THE APPLICANT'S AGREEMENT TO PURCHASE 25 SQUARE FEET OF TIDAL MITIGATION CREDITS FROM THE NEW MILL CREEK TIDAL WETLANDS BANK. [audio]

9. BRANDON F. BEACH, Oyster Planting Ground Application #2017-010 Requests authorization to lease eight (8) acres of oyster planting ground in Hungars Creek, Northampton County. The project is protested by two nearby property owners. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

10. PUBLIC HEARING Adoption of Chapter 4 VAC 20-1340-10 et seq., to establish and implement a fast-track permitting program and permit application requirements, in order to authorize the selection and use of appropriate sites for disposal of dredge material on State-owned submerged lands for projects in Tidewater Virginia. The regulation is required pursuant to Acts of Assembly 2018 Chapter 449. THE COMMISSION APPROVED THE PROPOSED REGULATION BY UNANIMOUS VOTE. [audio]

11. PUBLIC COMMENTS No public comments. [audio]

12. DISCUSSION Presentation of 2018-2019 Blue Crab Winter Dredge Study results and information and data summaries pertaining to Virginia blue crab fisheries. [audio]

13. REQUEST FOR PUBLIC HEARING Staff 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," 4 VAC 20-670-10 et seq., "Pertaining to Recreational Gear Licenses," to establish management provisions for the July 5, 2019 through July 4, 2020 blue crab fisheries. THE COMMISSION APPROVED THE STAFF RECOMMENDATION TO ADVERTISE FOR A JUNE PUBLIC HEARING BY UNANIMOUS VOTE. [audio]

14. PUBLIC HEARING Staff request to incorporate the emergency amendments that eliminate the Bay, Coastal and Potomac River Tributaries Spring Trophy-size Striped Bass Recreational Fisheries as a permanent part of Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass." THE COMMISSION APPROVED THE STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

PAGE 2 ITEMS [audio]

A. ADVANSIX RESINS & CHEMICALS, LLC, #19-0424 Requests authorization to install two (2) turning dolphins (25 and 12 feet in width) and a 3-foot wide by 36-foot long steel walkway, at the end of an existing pier in the James River adjacent to their property situated at 905 East Randolph Street in the City of Hopewell. Staff recommends approval contingent on time-of-year restriction from March 15 to June 30 of any year for protection of anadromous fish and the Atlantic Sturgeon, and a royalty of $1,969.5 for the encroachment over 1,313 square feet of State-owned submerged land at a rate of $1.50 per square foot. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

B. U.S. ARMY CORPS OF ENGINEERS, #19-0282 Requests authorization to hydraulically place approximately 10,000 cubic yards of dredged material, per dredge cycle from the maintenance of the Chincoteague Inner Channel Federal Navigation Project, on the northeast half of a previously used 103 acre overboard site situated northwest of Lewis Creek in Chincoteague Bay or on a previously used 78-acre overboard site in the Atlantic Ocean of Wallops Island, Accomack County. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

C. KING GEORGE COUNTY, #18-2014 Requests authorization to install a 1,005 linear foot Class I riprap revetment aligned a maximum 46 feet channelward of mean low water, along an eroding bluff, adjacent to property situated along the Potomac River along Fairview Drive in King George County. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

D. U.S. ARMY CORPS OF ENGINEERS and CITY OF VIRGINIA BEACH, #19-0145 Request authorization to hydraulically nourish Cape Henry Beach, situated along the Chesapeake Bay in Virginia Beach, with approximately 250,000 cubic yards of sand (per cycle) dredged from the Lynnhaven Inlet Federal Channel. Nourishment is proposed along the beach between First Landing State Park (eastern limit) to the Lesner Bridge (western limit). THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

E. NORFOLK SOUTHERN RAILWAY COMPANY, #15-1667 Requests authorization to modify the previously approved subaqueous impact mitigation plan associated with the authorization bulkhead project and fill over 10,807 square feet of State-owned submerged land. The revised condition will allow the option of constructing or funding an oyster reef restoration project, or the purchase of advanced sediment restoration mitigation credits from the Living River Restoration Trust for Elizabeth River restoration projects. The construction or funding, or purchase of credits shall be no less than $54,034.00 as previously required for the fill at a rate of $5.00 per square foot. THE PERMIT MODIFICATION REQUEST WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

F. NORFOLK DEPARTMENT OF PUBLIC WORKS, #19-0345 Requests authorization to install 510 linear feet of riprap breakwater structures as an addition to the existing breakwater field; and extend a 20-inch storm water pipe along Ocean View Beach, in the vicinity of 11th View Street and Toler Place in the City of Norfolk. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

G. NATIONAL PARK SERVICE, #17-0921 Requests a modification to their permit authorization for the Dyke Marsh Wildlife Preserve Marsh Restoration Project in Fairfax County. The modification includes the construction of approximately 1,600 linear feet of rock sill with no backfill, with a maximum channelward encroachment for the sill extending to the minus three (-3) foot contour and situated at the southern end of the Preserve near the confluence of Hog Island Gut and the Potomac River adjacent to the George Washington Parkway. All other conditions for the previous approved project shall apply. THE PERMIT MODIFICATION REQUEST WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

H. McALLISTER TOWING, #19-0231 Requests authorization to install 30 linear feet of riprap revetment, construct a new 10-foot wide by 50-foot long gangway that leads to a 10-foot wide by 200-foot long floating dock, a separate 10-foot wide by 50-foot long marginal pier, 6 (six) new 5-pile timber mooring dolphins and a shallow-water warning buoy in the Elizabeth River adjacent to 902 Southampton Avenue in the City of Norfolk. Staff recommends approval of the project with a royalty of $6,504.00 for the encroachment over 3,252 square feet of State-owned submerged lands at a rate of $2.00 per square foot. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.