COMMISSION ACTIONS December 17, 2019

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS PRESENTED. [audio]

1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES AS WRITTEN. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECTS AS SUBMITTED AS RECOMMENDED BY STAFF. [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. JUSTIN JOHN, #19-1374 Commission review of the November 18, 2019, Virginia Beach Wetlands Board decision to approve the filling of tidal wetlands for the installation of a replacement bulkhead at 896 Winwood Drive, situated along a canal tributary to Linkhorn Bay in the City of Virginia Beach. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF'S RECOMMENDATION THAT THE NOVEMBER 18, 2019, DECISION OF THE VIRGINIA BEACH WETLANDS BOARD BE FORMALLY MODIFIED TO ADHERE TO THE CITY STAFF'S RECOMMENDATION TO REDUCE THE LENGTH OF THE PROPOSED BULKHEAD AND TO INCORPORATE A LIVING SHORELINE DESIGN IN AN AREA OF THE PROPERTY ALREADY TRANSITIONING TO TIDAL WETLANDS. [audio]

6. H. R. KEMPE, #19-0185 Requests authorization to install a 145 linear foot riprap revetment channelward of an existing bulkhead and install a 15-foot by 30-foot covered boatlift on a statutorily authorized pier along the Piankatank River shoreline at 8123 Riverview Drive in Gloucester County. The project is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS SUBMITTED AS RECOMMENDED BY STAFF. [audio]

7. ANN E. ARSENIU and THOMAS J. GALLIVAN, Oyster Planting Ground Application #2015-102 Request authorization to lease 75 acres of oyster planting ground in the Chesapeake Bay near the mouth of Occohannock Creek in Accomack County. The project area has Submerged Aquatic Vegetation (SAV). THE COMMISSION VOTED 7 TO 1 TO 1 TO DENY THE APPLICATION PER STAFF'S RECOMMENDATION. ASSOCIATE COMMISSIONER TANKARD VOTED NAY, ASSOCIATE COMMISSIONER LUSK ABSTAINED. [audio]

8. PUBLIC COMMENTS There were two public comments. Mr. Jeffrey Dameron asked the commission to review the one pound of harvest from 2010 to 2012 requirement for the Spiny Dogfish Limited Entry Permit. The permit, when first established, required historical and current landings. Mr. Dameron cited the high latent effort in the fishery of licensees who are not active. The Commissioner asked staff to review the policy. Mr. Warren Cosby asked the commission to review the crab license buyback and waiting list that went into effect after the 2008 blue crab fishery disaster. The Commissioner asked staff to review the policy. [audio]

9. PUBLIC HEARING Proposal to establish Chapter 4 VAC 20-1360-10 et seq., "Pertaining to Commercial Electrofishing", to create a commercial electrofishing license and fishery for catfish. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE STAFF RECOMMENDATION TO ESTABLISH CHAPTER 4 VAC 20-1360-10 ET SEQ., "PERTAINING TO COMMERCIAL ELECTROFISHING", TO CREATE A COMMERCIAL ELECTROFISHING LICENSE AND FISHERY FOR CATFISH, WITH THE ADDITION OF A PROHIBITION AGAINST ELECTROFISHING WITHIN 100 YARDS OF PUBLIC BOAT RAMPS, FISHING AREAS, AND PEOPLE IN THE WATER. [audio]

10. 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 2020 recreational black sea bass fishery. The proposed 2020 season extends from May 15 through December 31, but any harvest from a February fishery would lessen the number of fishing days during the May 15 through December 31 period. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE ADVERTISING FOR A JANUARY PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS" TO CONSIDER THE ESTABLISHMENT OF A FEBRUARY 2020 RECREATIONAL BLACK SEA BASS FISHERY AND MODIFY REPORTING REQUIREMENTS. [audio]

PAGE 2 ITEMS [audio]

A. PLAINS ALL AMERICAN PIPELINE, LP, #19-1792 Requests authorization to mechanically maintenance dredge approximately 77,000 cubic yards of subaqueous material to a maximum depth of -40 feet at mean low water adjacent to an oil unloading pier situated along the York River in York County. The dredged material shall be placed in barges then slurried and hydraulically pumped into an on-site, upland disposal area for de-watering. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS SUBMITTED AS RECOMMENDED BY STAFF.

B. GU HOLDINGS INC., #19-1335 Requests authorization to install a trans-Atlantic fiber optic telecommunications cable extending from a previously permitted and existing submerged conduit within the Atlantic Ocean adjacent to 920 Vanderbilt Avenue (Croatan Beach Municipal Parking Lot) in the City of Virginia Beach, and extending to the Commonwealth's three (3) nautical mile boundary of State-owned submerged lands. The submerged cable will be installed by a cable sea plow to a depth of approximately 1.0 meter below the seabed. Staff recommends approval with a royalty of $46,464.00 for the encroachment under 15,488 linear feet of State-owned submerged bottom at a rate of $3.00 per linear foot. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS SUBMITTED AS RECOMMENDED BY STAFF.

C. BRANCH-FLATIRON, JOINT VENTURE, #19-1748 Requests authorization to construct a 65 linear foot roadway crossing over Potomac Creek, a 60 linear foot roadway crossing of Accokeek Creek, and 60 linear foot roadway crossing of Austin Run using the cofferdam diversion method, with temporary construction causeways associated with the construction of the 95 Expressway Lanes – Fredericksburg Extension in Stafford County. Staff recommends the inclusion of a permit condition that the Permittee shall execute a transfer of this permit to the Virginia Department of Transportation upon their acceptance of the structure(s) authorized therein. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS SUBMITTED AS RECOMMENDED BY STAFF.