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COMMISSION ACTIONS January 23, 2018

** APPROVAL OF AGENDA. APPROVED WITH THE DELETION OF ITEM 5 THAT WAS REMOVED AT THE REQUEST OF THE APPLICANT. [audio]

1. MINUTES of previous meeting. APPROVED AS WRITTEN. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION UNANIMOUSLY APPROVED ITEMS 2A, 2B, AND 2C AS RECOMMENDED BY STAFF. [audio]

3. CONSENT AGENDA ITEMS. NONE. [audio]

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

5. NATIONAL PARK SERVICE, #17-0921 Requests authorization to fill approximately 4.5 acres of State-owned submerged land to reconstruct and restore approximately 5.45 acres of Dyke Marsh, adjacent to the Potomac River and immediately south of the Belle Haven Marina, by the construction of a riprap breakwater structure, associated stone sills and tidal wetland creation, as part of the Dyke Marsh Wildlife Preserve Marsh Restoration/Protection Plan, in Fairfax County. The project is protested by multiple people. POSTPONED AT THE REQUEST OF THE APPLICANT. [audio]

6. MOUNTAIN VALLEY PIPELINE, LLC, #17-1609 Requests authorization to install a natural gas pipeline beneath the bed of 18 streams and/or rivers with drainage areas of greater than five (5) square miles, which are considered to be State-owned subaqueous bottomlands of the Commonwealth, along the designated pipeline corridor in Giles, Montgomery, Franklin, Roanoke and Pittsylvania Counties for the Mountain Valley Project (MVP). The pipeline is protested by numerous citizens along its route. THE MOUNTAIN VALLEY PIPELINE PROJECT WAS APPROVED 7-1 WITH THE FOLLOWING SPECIAL CONDITIONS. ASSOCIATE COMMISSIONER EVERETT VOTED AGAINST THE MOTION. 1. WITH THE EXCEPTION OF THE PIGG RIVER AND STONY CREEK, THE INSTREAM CONSTRUCTION ACTIVITIES SHALL BE ACCOMPLISHED DURING LOW FLOW PERIODS UTILIZING DAM AND PUMP, FLUME AROUND OR WITHIN COFFERDAMS CONSTRUCTED OF NON-ERODIBLE MATERIALS IN SUCH A MANNER THAT NO MORE THAN HALF THE WIDTH OF THE WATERWAY IS OBSTRUCTED AT ANY POINT IN TIME. ALL AREAS OF STATE-OWNED BOTTOM AND ADJACENT LANDS DISTURBED BY THIS ACTIVITY SHALL BE RESTORED TO THEIR ORIGINAL CONTOURS AND NATURAL CONDITIONS WITHIN THIRTY (30) DAYS FROM THE DATE OF COMPLETION OF THE AUTHORIZED WORK. ALL EXCESS MATERIALS SHALL BE REMOVED TO AN UPLAND SITE AND CONTAINED IN SUCH A MANNER TO PREVENT ITS REENTRY INTO STATE WATERS; 2. EROSION AND SEDIMENT CONTROL MEASURES SHALL BE IN CONFORMANCE WITH THE 1992 THIRD EDITION OF THE VIRGINIA EROSION AND SEDIMENT CONTROL HANDBOOK AND SHALL BE EMPLOYED THROUGHOUT CONSTRUCTION; 3. IF IT IS DETERMINED THAT BLASTING IS NECESSARY AT ANY OF THE CROSSINGS, THE DEPARTMENT OF GAME AND INLAND FISHERIES SHALL BE NOTIFIED A MINIMUM OF 48 HOURS IN ADVANCE OF THE BLASTING; 4. THE DEPARTMENT OF CONSERVATION AND RECREATION SHALL BE CONTACTED FOR ANY STREAM CROSSINGS WHERE KARST LANDSCAPE FEATURES ARE ENCOUNTERED DURING INSTALLATION FOR INSPECTION, MITIGATION AND DOCUMENTATION; 5. THE DEPARTMENT OF GAME AND INLAND FISHERIES SHALL BE NOTIFIED FOR ANY WORK IN TROUT WATERS TO AVOID CONFLICTS WITH TROUT STOCKING ACTIVITIES; 6. THE PERMITTEE AGREES TO CONDUCT MOLLUSK AND FISH SURVEYS AND RELOCATION EFFORTS IN THE 18 JURISDICTIONAL WATERWAYS, AS RECOMMENDED BY THE DEPARTMENT OF GAME AND INLAND FISHERIES IN THEIR COMMENTS DATED JANUARY 8, 2018, UNLESS SPECIFICALLY WAIVED IN WRITING. ALL SURVEYS SHOULD BE PERFORMED BY A QUALIFIED, PERMITTED BIOLOGIST, NO MORE THAN SIX MONTHS PRIOR TO THE START OF CONSTRUCTION. ANY RELOCATIONS SHOULD BE COORDINATED WITH THE DEPARTMENT OF GAME AND INLAND FISHERIES AND NO FEDERALLY LISTED SPECIES SHOULD BE RELOCATED WITHOUT FIRST COORDINATING WITH THE US FISH AND WILDLIFE SERVICE; 7. PERMITTEE AGREES TO ADHERE TO THE INSTREAM WORK TOYR'S IDENTIFIED IN ATTACHMENT H5, TABLE 1 OF THE JOINT PERMIT APPLICATION AS RECOMMENDED BY THE DEPARTMENT OF GAME AND INLAND FISHERIES TO PROTECT STATE AND FEDERALLY LISTED MUSSEL AND FISH SPECIES, UNLESS SPECIFICALLY WAIVED IN WRITING; 8. PERMITTEE AGREES TO ADHERE TO THE EMERGENCY SPILL PLAN (APPENDIX D-2 SPILL PREVENTION, CONTROL, AND COUNTERMEASURE (SPCC) PLAN AND UNANTICIPATED DISCOVERY OF CONTAMINATION PLAN FOR CONSTRUCTION ACTIVITIES IN VIRGINIA), AS FILED WITH FERC AND RECOMMENDED BY THE DEPARTMENT OF CONSERVATION AND RECREATION; 9. PERMITTEE AGREES TO INSTALL THE PROPOSED PIPELINE BENEATH THE PIGG RIVER BY THE HORIZONTAL DIRECTIONAL DRILL METHOD, AND STONY CREEK BY THE CONVENTIONAL BORE METHOD, TO MINIMIZE IMPACTS TO STATE AND FEDERALLY LISTED SPECIES. A "FRAC-OUT" CONTINGENCY PLAN MUST BE PROVIDED FOR THE PIGG RIVER CROSSING TO ADDRESS POTENTIAL FRAC-OUTS OR RELATED SPILLS ASSOCIATED WITH ANY DIRECTIONAL DRILLING ACTIVITIES. IF THESE CROSSINGS METHODOLOGIES CANNOT BE COMPLETED SUCCESSFULLY DUE TO UNFAVORABLE ONSITE CONDITIONS, BOTH MAY BE UNDERTAKEN UTILIZING THE OPEN-CUT DAM AND PUMP CROSSING METHODOLOGY; 10. EACH OF THE AUTHORIZED STREAM CROSSINGS SHALL BE INSPECTED BY AGENCY STAFF FOLLOWING THE COMPLETION OF THE WORK TO ASSESS PERMIT COMPLIANCE. [audio] (note: 4:35 min. / 45MB)

7. PUBLIC COMMENTS Early in the meeting Commissioner Bull announced that this was the last meeting for Chip Neikirk, Deputy Chief of Habitat Management, after more than 30 years of service. Mr. Neikirk's retirement will be effective February 1, 2018. The Commissioner thanked him for his many years of valuable service to the Commission and Commonwealth. Chief of Fisheries Rob O'Reilly spoke on behalf of Mr. Lucy and Mr. Nuttall, two speckled trout fisherman, who were requesting that the recreational speckled trout season be closed due to the cold stun event. It was suggested that this issue be brought before the Fisheries Management Advisory Committee (FMAC) at a meeting on February 12,2018. The Commission unanimously approved this request to have this issue discussed at the February FMAC meeting and then brought before the Commission at the February 27, 2018 meeting. [audio]

8. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1120-10 et seq., "Pertaining to Tilefish and Grouper," to increase the recreational possession limit for golden tilefish. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-1120-10 ET SEQ., "PERTAINING TO TILEFISH AND GROUPER," TO ESTABLISH THE RECREATIONAL HARVEST AND POSSESSION LIMIT FOR GOLDEN TILEFISH AS EIGHT FISH. [audio]

9. DISCUSSION Extension of the Public Oyster Harvest Season in Rappahannock River Rotation Area 6 and Rappahannock River Area 7. THE COMMISSION UNANIMOUSLY AGREED TO EXTEND THE SEASON FOR ALL AREAS THAT ARE SCHEDULED TO CLOSE JANUARY 31, 2018 SEVEN WORKING DAYS . THESE AREAS WILL NOW CLOSE ON FEBRUARY 9, 2018. AREAS SCHEDULED TO CLOSE AFTER JANUARY 31ST WILL NOT BE EXTENDED AT THIS TIME. [audio]

10. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-960-10 et seq., "Pertaining to Tautog," to modify the recreational and commercial seasons and the recreational possession limit. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING TO AMEND CHAPTER 4VAC20-960-10 ET SEQ., "PERTAINING TO TAUTOG," TO SET THE 2018 RECREATIONAL SEASON FROM JANUARY 1 THROUGH MAY 15 AND JULY 1 THROUGH DECEMBER 31 AND INCREASE THE RECREATIONAL POSSESSION LIMIT TO 4 FISH PER PERSON. STAFF ALSO RECOMMENDS SETTING THE 2018 COMMERCIAL SEASON FROM JANUARY 1 THROUGH JANUARY 21, MARCH 1 THROUGH MAY 15, AND NOVEMBER 1 THROUGH DECEMBER 31. [audio]

11. REQUEST FOR PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-950-10 et seq.,"Pertaining to Black Sea Bass," to establish the commercial back sea bass fishery quota for 2018, and modify the bycatch trip limit. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING TO AMEND THE 2018 VIRGINIA DIRECTED COMMERCIAL BLACK SEA BASS FISHERY QUOTA TO 664,000 POUNDS, AND CONSIDER ADJUSTMENTS TO THE BYCATCH TRIP LIMIT. [audio]

12. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," to adopt commercial and recreational fishing regulations consistent with the recently approved Atlantic States Marine Fisheries Commission management plan for cobia. THE COMMISSION UNANIMOUSLY AGREED TO ADVERTISE FOR A MARCH 2018 PUBLIC HEARING FOR PROPOSED AMENDMENTS TO CHAPTER 4VAC20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA," TO ADOPT COMMERCIAL AND RECREATIONAL FISHING REGULATIONS CONSISTENT WITH THE RECENTLY APPROVED ATLANTIC STATES MARINE FISHERIES COMMISSION MANAGEMENT PLAN FOR COBIA. THE COMMISSION ALSO UNANIMOUSLY AGREED TO ADVERTISE FOR A MARCH PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-995-10 ET SEQ., "PERTAINING TO COMMERCIAL HOOK-AND-LINE FISHING," TO MAKE THIS REGULATION CONSISTENT WITH THE CODE OF VIRGINIA. [audio]

13. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy)," to set commercial scup landing period dates, establish the 2018 commercial summer period quota, and vessel trip limit. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-910-10 ET SEQ., "PERTAINING TO SCUP (PORGY)," TO SET COMMERCIAL SCUP LANDING PERIOD DATES, ESTABLISH THE 2018 COMMERCIAL SUMMER PERIOD QUOTA, AND VESSEL TRIP LIMIT. [audio]

PAGE 2 ITEMS [audio]

A. WESTROCK CP, LLC, #17-1698 Requests authorization to install a fiber-reinforced polymer (FRP) veneer system along the channelward face of 927 linear feet of existing steel sheetpile bulkheading and inject cementitious epoxy grout or foam between the two walls to facilitate repairs to the North Bulkhead at their facility situated along the Pamunkey River in the Town of West Point. Staff recommends approval with a royalty of $355.00 for the encroachment of the veneer facing system over approximately 71 square feet of State-owned subaqueous bottom at a rate of $5.00 per square foot. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION

B. CITY OF NORFOLK, DEPARTMENT OF UTILITIES, #17-1833 Requests authorization to install approximately 991 linear feet of 42-inch steel water main approximately 30 feet below the Nansemond River, using horizontal directional drilling methods, entering from uplands at the terminus of Sleepy Hollow Road and exiting in uplands near Godwin Boulevard in the City of Suffolk. Staff recommends approval with adherence to our standard erosion and sediment control measures and to the contingency/clean-up plan for potential frac-outs included in the permit application. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

C. CITY OF NORFOLK, DEPARTMENT OF PUBLIC UTILITIES, #17-1832 Requests authorization to install approximately 190 linear feet of 36-inch raw water main at least 30 feet below the substrate of Baines Creek, using horizontal directional drilling methods. The site will be accessed from Clifford Street to the west and Powhatan Avenue to the east in the City of Portsmouth. Staff recommends approval with adherence to our standard erosion and sediment control measures and to the contingency/clean-up plan for potential frac-outs included in the permit application. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.



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