COMMISSION ACTIONS September 24, 2019

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS AMENDED TO REFLECT THE REMOVAL OF ITEMS #2A AND #14. [audio]

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED AS WRITTEN BY UNANIMOUS VOTE. [audio]

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

3. CONSENT AGENDA ITEMS. ITEMS 3A, 3B & 3C WERE APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

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

5. LICENSE STATUS REVIEW: THE COMMISSION HEARD 1 CASES OF LICENSE STATUS REVIEWS. [audio]

6. TIDEWATER TANK TERMINAL, LLC, #19-0949 Requests authorization to install 75-linear feet of riprap revetment, landward of a failing bulkhead along the Southern Branch Elizabeth River at 1324 McCloud Road in the City of Chesapeake. This project requires a VMRC wetlands permit. THE COMMISSION VOTED 8 TO 1 TO APPROVE THE PROJECT BECAUSE OF SAFETY ISSUES ASSOCIATED WITH THE PROJECT. ASSOCIATE COMMISSIONER TANKARD VOTED NAY. [audio]

7. SHIRLEY CONTRACTING COMPANY, LLC, #19-0554 Requests authorization to impact Difficult Run and Colvin Run, in association with the Route 7 Improvements Project between Colvin Run Road and Jarret Valley Drive in Fairfax County. Protested by multiple nearby property owners. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF. [audio]

8. ADAM J. STERLING, Oyster Planting Ground Application #2018-160 Requests authorization to lease ten (10) acres of oyster planting ground in Revels Island Creek in Accomack County. The project is protested by an adjacent highland leaseholder. THE PROJECT WAS DENIED BY A VOTE OF 8 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER LUSK ABSTAINED. [audio]

9. PUBLIC COMMENTS [audio]

10. PUBLIC HEARING Proposal to establish the emergency amendment as a permanent part of regulation to Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," to lower the recreational possession limit in the Chesapeake Bay area, establish a 36" total length recreational maximum size limit, and establish commercial gill net maximum mesh size requirements in the Chesapeake Bay and Coastal areas. THE COMMISSION VOTED 7-1 TO APPROVE AMENDMENTS TO CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO LOWER THE RECREATIONAL POSSESSION LIMIT IN THE CHESAPEAKE BAY AREA, ESTABLISH A 36" TOTAL LENGTH RECREATIONAL MAXIMUM SIZE LIMIT, AND ESTABLISH COMMERCIAL GILL NET MAXIMUM MESH SIZE REQUIREMENTS IN THE CHESAPEAKE BAY AND COASTAL AREAS. [audio]

11. REQUEST FOR AN EMERGENCY AMENDMENT Proposal to amend Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," to establish a closure of the commercial cobia season effective October 1, 2019. THE COMMISSION VOTED UNANIMOUSLY TO ADOPT THE EMERGENCY AMENDMENTS DESCRIBED IN SECTIONS OF CHAPTER 4 VAC 20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA," TO ESTABLISH A CLOSURE OF THE COMMERCIAL COBIA FISHERY ON OCTOBER 1, 2019, AND TO ADVERTISE AN OCTOBER PUBLIC HEARING TO INCORPORATE THE AMENDMENTS AS PART OF THE PERMANENT REGULATION. [audio]

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to establish fall 2019 commercial offshore summer flounder fishery management measures. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE AMENDMENTS TO CHAPTER 4 VAC 20-620-10 ET SEQ., "PERTAINING TO SUMMER FLOUNDER," TO ESTABLISH FALL 2019 COMMERCIAL OFFSHORE (FEDERAL WATERS) SUMMER FLOUNDER MANAGEMENT MEASURES. [audio]

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to revise the minimum size limit for commercial hook-and-line gear. THE MOTION MADE TO AMEND CHAPTER 4 VAC 20-620-10 ET SEQ., "PERTAINING TO SUMMER FLOUNDER," TO MODIFY MINIMUM SIZE LIMITS FOR COMMERCIAL HOOK-AND-LINE GEAR, FAILED ON A 4-4 TIE. [audio]

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-540-10 et seq., "Pertaining to Spanish Mackerel and King Mackerel," to establish closure procedures in state waters for the Spanish mackerel commercial fishery to coincide with federal waters closures as announced by the South Atlantic Fishery Management Council. THIS ITEM WAS REMOVED FROM THE COMMISSION'S SEPTEMBER 24, 2019, AGENDA AS REQUESTED BY STAFF DUE TO NEW INFORMATION INDICATING BOTH MARYLAND AND NORTH CAROLINA PLAN ON KEEPING THEIR STATE WATERS OPEN WITH A DAILY BYCATCH ALLOWANCE. ADDITIONALLY, THE ATLANTIC STATES MARINE FISHERIES COMMISSION IS CONSIDERING DEVELOPING AN ADDENDUM TO THE SPANISH MACKEREL FMP TO ADDRESS ISSUES IN STATE WATERS WHEN FEDERAL WATERS ARE CLOSED. STAFF BELIEVES POSTPONING THIS PROPOSAL IS PRUDENT UNTIL A LATER TIME. [none]

15. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," to revise the minimum recreational size limit for Atlantic shortfin mako sharks. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR AN OCTOBER PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-490-10 ET SEQ., "PERTAINING TO SHARKS," TO MODIFY THE RECREATIONAL MINIMUM SIZE LIMIT FOR ATLANTIC SHORTFIN MAKO SHARKS. [audio]

16. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-960-10 et seq., "Pertaining to Tautog," to establish a commercial tautog license and ASMFC mandated tagging system. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE AN OCTOBER PUBLIC HEARING TO AMEND CHAPTER 4VAC20-960-10 ET SEQ., "PERTAINING TO TAUTOG," TO ESTABLISH A COMMERCIAL TAUTOG PERMIT AND ASMFC MANDATED TAGGING SYSTEM. [audio]

PAGE 2 ITEMS [audio]

A. CHESTERFIELD COUNTY ENVIRONMENTAL ENGINEERING, #18-0635 Requests authorization to modify their existing permit to increase the encroachment in Falling Creek associated with the construction of a stone forebay weir to 3,368 square feet, and to increase the linear footage of the Falling Creek stream channel dredging by an additional 387 linear feet. This modification is part of the Falling Creek Reservoir Restoration Project, in Chesterfield County. All permit conditions shall remain the same. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

B. JAMES CITY COUNTY STORMWATER DIVISION, #19-0799 Requests authorization to construct a living shoreline consisting of 1,446 linear feet of rock sill, 1,488 cubic yards of sand fill, 16,117 square feet of marsh planting, 267 linear feet of coir log, and 162 linear feet of riprap revetment at Chickahominy Riverfront Park along the Chickahominy River and Gordon Creek in James City County. Staff recommends approval with a February 15 through June 30 instream work time-of-year restriction to protect anadromous fishes and endangered species, and the creation of an upland riparian buffer to reduce nutrient and sediment run-off as out-of-kind mitigation for impacts to submerged aquatic vegetation. THIS ITEM WAS REMOVED FROM THE COMMISSION'S SEPTEMBER 24, 2019, AGENDA AS REQUESTED BY THE APPLICANT.

PAGE 3 ITEMS [audio]

A. ROBERT TAYLOR, #19-1481 Requests after-the-fact authorization to retain a 149-linear foot riprap revetment installed without a VMRC permit, adjacent to 908 Cavalier Drive, situated along Linkhorn Bay in Virginia Beach. The applicant has agreed to pay a $1,000.00 civil charge and a triple permit fee of $300.00 in lieu of further enforcement action. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

B. TAZEWELL COUNTY PUBLIC SERVICE AUTHORITY, #16-0142 Requests after-the-fact authorization to retain an 8-inch sewer line installed using excavated open-trench methodology approximately five (5) feet below State-owned submerged lands that included a temporarily installed cofferdam for construction access in the North Fork Clinch River adjacent to the intersection of U.S Route 460 and State Route 651 in Tazewell County. The agent for the Service Authority responsible for the permit and construction oversite has agreed to pay a $2,000.00 civil charge in lieu of further enforcement action. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

C. MHC BETHPAGE, LLC, #19-0906 Requests after-the-fact authorization to retain a 6-foot wide by 348-foot long commercial open-pile pier (B Dock) with 29 wet slips, an 8-foot by 10-foot open-sided covered fish cleaning station and two (2) timber access walkways situated along a cove of Robinson Creek at the Bethpage Camp-Resort facility in Middlesex County. The applicant has agreed to pay a $2,000.00 civil charge, an encroachment royalty of $10,520.00 and triple permit fees of $300.00 in lieu of further enforcement action. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.