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COMMISSION ACTIONS June 25, 2019

** APPROVAL OF AGENDA. THE AGENDA WAS APPROVED AS AMENDED BY UNANIMOUS VOTE. ITEM 5 WAS STRICKEN FROM THE RECORD. [audio]

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED AS WRITTEN BY A VOTE OF 6 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER BALLARD 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. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE CONTINGENT ON THE APPLICANT'S CONSENT TO THE RECOMMENDED $1,000 CIVIL CHARGE. [audio]

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. THE COMMISSION MET IN CLOSED SESSION TO DISCUSS PENDING LITIGATION WITH COUNSEL. [audio]

5. HUNTER WEBB, Oyster Planting Ground Application #2016-255 Requests authorization to lease 2.61 acres of Oyster Planting Ground in Hungars Creek in Northampton County. The project is protested by three (3) nearby property owners. THIS ITEM WAS STRICKEN FROM THE AGENDA SINCE THE APPLICATION WAS WITHDRAWN BY THE APPLICANT. [no audio]

6. KELLY L. PARKS and JERRY L. LEWIS, II, Oyster Planting Ground Application #2018-014 Request authorization to lease 57.74 acres of oyster planting ground in Hungars Creek in Northampton County. The project is protested by nearby property owners. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

7. PUBLIC COMMENTS There were no public comments. [audio]

8. REQUEST FOR PUBLIC HEARING Request for a July 23, 2019, Public Hearing for adoption of Chapter 4 VAC 20-1350-10 et seq., to establish a fee for the review for oyster planting ground lease renewals. The regulation is required pursuant to Acts of Assembly 2019, Chapter 164. THE REQUEST FOR PUBLIC HEARING WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

9. PUBLIC HEARING Staff proposes 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," and, 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 VOTED UNANIMOUSLY TO ACCEPT THE STAFF RECOMMENDATION TO CHAPTER 4 VAC 20-270-10 ET SEQ., "PERTAINING TO CRABBING" TO ADOPT THE CHANGE IN THE COMMERCIAL CRAB FISHERY SEASON DATES AND THE TIME PERIODS WHEN CRAB POTS AND OTHER LAWFUL GEAR USED TO HARVEST CRABS SHALL BE REMOVED FROM OUR WATERS AND TO INCREASE THE NOVEMBER BUSHEL LIMIT. THE COMMISSION VOTED UNANIMOUSLY TO ACCEPT THE STAFF RECOMMENDATION TO CHAPTER 4 VAC 20-1140-10 ET SEQ., "PROHIBITION OF CRAB DREDGING IN VIRGINIA WATERS" TO ADOPT A CLOSED 2019-2020 WINTER CRAB DREDGE FISHERY SEASON. THE COMMISSION VOTED UNANIMOUSLY TO ACCEPT THE STAFF RECOMMENDATION TO CHAPTER 4 VAC 20-1040-10 ET SEQ., "PERTAINING TO CRABBING LICENSES" TO ADOPT A CHANGE IN TRANSFERABILITY PROVISIONS, WHEREBY THE ELIGIBILITY FOR ANY COMMERCIAL CRAB FISHERY LICENSE MAY BE TRANSFERRED, RATHER THAN THE LICENSE ITSELF. THE COMMISSION VOTED UNANIMOUSLY TO ACCEPT THE STAFF RECOMMENDATION TO CHAPTER 4 VAC 20-670-10 ET SEQ., "PERTAINING TO RECREATIONAL GEAR LICENSES" TO CORRECTLY REFERENCE 4 VAC 20-270-30 CONCERNING DAILY TIME LIMITS. [audio]

PAGE 2 ITEMS [audio]

A. WASHINGTON GAS, #19-0133 Requests authorization to cross Opequon Creek and Hot Run with a new, 20-inch natural gas pipeline, installed using Horizontal Directional Drill (HDD) method a minimum of four (4) feet below the natural stream beds, as part of the Washington Gas 20 Mile Loop Offset H project in Frederick and Clarke Counties. Recommend approval with inclusion of the applicant's Frac-Out Contingency Plan, and implementation of erosion and sediment control measures in conformance with the 1992 Third Edition of the Virginia Erosion and Sediment Control Handbook. Also recommend a royalty in the amount of $345.00 for the encroachment under a total of 115 linear feet of State-owned submerged land at the standard rate of $3.00 per linear foot. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

PAGE 3 ITEMS [audio]

A. ANNE MEPHAM, #19-0518 Requests authorization to retain and repair a 5-foot by 13-foot pier and an unauthorized 8-foot by 13-foot pier, remove existing unauthorized boathouse and 3-foot by 10-foot pier, and construct a new 5-foot wide by 35-foot long private open-pile pier with a 24-foot by 29-foot dual slip open-sided boathouse, and a 12-foot by 32-foot floating dock at 275 Neck-O-Land Road, situated along Powhatan Creek in James City County. The applicant has agreed to pay a civil charge of $1,000.00 in lieu of further enforcement action for the piers constructed without prior authorization over State-owned submerged land. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE CONTINGENT ON THE APPLICANT'S CONSENT TO THE RECOMMENDED $1,000 CIVIL CHARGE.



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