COMMISSION ACTIONS February 28, 2017

** APPROVAL OF AGENDA. UNANIMOUSLY APPROVED THE AGENDA WITH THE REMOVAL OF ITEMS 8 AND 13 AND WITH THE ADDITION OF A DISCUSSION ITEM CONCERNING THE ASSESSMENT OF ROYALTIES ASSOCIATED WITH RECONSTRUCTION ACTIVITIES AT L.D. AMORY AND COMPANY INC. [audio]

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

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

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. DRUM POINT PROPERTIES, LLC, #16-1360 Requests authorization to construct two (2) stormwater outfalls and associated riprap splash protection, adjacent to Drum Point Creek and Western Branch Elizabeth River, associated with the development of the Martin's Point Subdivision in the City of Chesapeake. This project requires a wetlands permit and is protested by an adjoining property owner. UNANIMOUSLY APPROVED AS PROPOSED [audio]

6. LAURA BELLOTTI, ET AL, #16-1417 Requests authorization to construct a 300-foot long by 6-foot wide open-pile, timber, joint-use pier with associated mooring piles, to moor four (4) vessels adjacent to an easement held by four nonriparian property owners, situated along Potomac Creek in King George County. The project is protested by an adjacent property owner. UNANIMOUSLY APPROVED AS PROPOSED. [audio]

7. CITY OF PORTSMOUTH, #16-1574 Requests authorization to remove and replace the northbound span of the US Route 17 Churchland Bridge, to conduct improvements to the southbound lanes and to install a temporary trestle system over the Western Branch Elizabeth River in the City of Portsmouth. This project is protested by adjacent property owners. UNANIMOUSLY APPROVED AS PROPOSED. [audio]

8. YUN QIN, #16-1665 Requests authorization to construct a 14-foot by 33-foot open-sided boathouse as part of a statutorily authorized private pier proposal adjacent to 4165 Cheswick Lane in the Old Donation Farm subdivision, situated along the Western Branch of the Lynnhaven River in Virginia Beach. The proposal is protested by an adjoining property owner. THIS ITEM WAS PULLED FROM THE AGENDA AS A RESULT OF THE PROTEST BEING RESOLVED. [no audio]

9. G.C. TILLAGE INC., #16-1927 Requests authorization to repair and extend an existing 4-foot wide travel lift pier 31 feet channelward and to construct a 12-foot wide commercial loading pier extending 112 feet channelward of mean high water adjacent to the travel lift pier with a 12-foot by 12-foot platform located along the south side of the pier at property situated along the Northwest Branch of Sarah Creek off Tillage Lane and identified by Tax Map # 51-221C in Gloucester County. The project is protested by an adjacent property owner. UNANIMOUSLY APPROVED THE APPLICATION AS PROPOSED. [audio]

10. VOLVO PENTA OF THE AMERICAS, #16-1477 Requests a relaxation of the time-of-year restrictions for driving four (4) 14-inch hollow steel piles as a condition of a previously approved permit associated with the installation of 121 linear feet of bulkhead landward of an existing deteriorating bulkhead requiring seven (7) 12-inch precast piles; and installation of one (1) 8-foot by 32-foot floating dock, and one (1) 6-foot by 32-foot floating dock along Chuckatuck Creek at the Volvo Penta of the Americas Facility on 1500 Steeple Drive, in the City of Suffolk. VOTED 7-1 WITH COMMISSIONER BULL OPPOSED TO DENY THE REQUEST TO RELAX THE PREVIOUSLY IMPOSED TIME-OF-YEAR RESTRICTION CONCERNING THE DRIVING OF HOLLOW STEEL PILINGS. [audio]

11. KAREN and MARK JOHNSON, Oyster Planting Ground Application #2014-159 Request authorization to lease approximately 148 acres of oyster planting grounds within the Pagan River in Isle of Wight County. The application is protested by an adjacent leaseholder. UNANIMOUSLY DENIED THE LEASE APPLICATION. [audio]

12. JAMES WITHROW, Oyster Planting Ground Application #2016-164 Requests authorization to lease approximately five (5) acres within the Pagan River in Isle of Wight County. The application is protested by an adjacent leaseholder. UNANIMOUSLY DENIED THE LEASE APPLICATION. [audio]

13. CHARLES R. FORREST, Oyster Planting Ground Application #2015-018S Requests authorization to lease 1.06 acres of oyster ground in Cherrystone Creek, near the mouth of Kings Creek in Northampton County. The project is protested by nearby property owner. THIS ITEM WAS PULLED FORM THE AGENDA DUE THE APPLICANT WITHDRAWING HIS APPLICATION. [no audio]

13A. DISCUSSION Discussion concerning the assessment of a royalty associated with a permit to replace a roof at the L. D. Amory and Company, Inc. seafood facility that was damaged recently during a fire. THE COMMISSION UNANIMOUSLY VOTED TO WAIVE THE ENCROACHMENT ROYALTY ASSOCIATED WITH THE ROOF REPAIRS. [audio]

14. PUBLIC COMMENTS None [audio]

15. OFFENDERS: THE COMMISSION HEARD 9 CASES OF OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. [audio]

16. PRESENTATION Presentation of Dr. Bob Orth's annual review of the status of Submerged Aquatic Vegetation. THE COMMISSION UNANIMOUSLY APPROVED THE REQUEST FOR $22,000 FOR VIMS CONTINUING RESEARCH ON SUBMERGED AQUATIC VEGETATION IN THE CHESAPEAKE BAY. THESE FUNDS ARE ALLOCATED 50% FROM THE RECREATIONAL LICENSING FUND AND 50% FROM THE COMMERCIAL LICENSING FUND. [audio]

17. PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to modify minimum size limits for summer flounder landed recreationally in Virginia. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT AMENDMENTS TO CHAPTER 4 VAC 20-620-10 ET SEQ."PERTAINING TO SUMMER FLOUNDER," TO MODIFY THE RECREATIONAL MINIMUM SIZE LIMIT TO 17 INCHES. [audio]

18. PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to modify the landing dates, landing periods, possession limits and landing limits for summer flounder commercially harvested outside of Virginia waters. THE COMMISSION VOTED UNANIMOUSLY TO ADOPT AMENDMENTS TO CHAPTER 4 VAC 20-620-10 ET SEQ."PERTAINING TO SUMMER FLOUNDER," TO MODIFY THE LANDING DATES, LANDING PERIODS, AND LANDING LIMITS FOR SUMMER FLOUNDER COMMERCIALLY HARVESTED OUTSIDE OF VIRGINIA WATERS. [audio]

19. REQUEST FOR PUBLIC HEARING Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," to establish management measures for the 2017 recreational cobia fishery. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A PUBLIC HEARING AT THE MARCH 2017 MEETING TO CONSIDER THE ADOPTION OF MANAGEMENT MEASURES FOR THE 2017 VIRGINIA RECREATIONAL COBIA FISHERY. [audio]

20. DISCUSSION 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 2017 (a March public hearing is scheduled for this item). THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A MARCH 2017 PUBLIC HEARING TO ESTABLISH THE 2017 VIRGINIA COMMERCIAL BLACK SEA BASS QUOTA. [audio]

21. DISCUSSION Proposed amendments to Chapter 4 VAC 20-950-10 et seq."Pertaining to Black Sea Bass," to establish recreational measures for Black Sea Bass landed in Virginia (a March public hearing is scheduled for this item). THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO MOVE THE SCHEDULED MARCH 2017 PUBLIC HEARING TO APRIL 2017, AS WELL AS ADVERTISING FOR THIS ITEM. [audio]

22. DISCUSSION Simplifying permitting requirements for select recreational fisheries described in Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," and Chapter 4 VAC 20-1120-10 et seq., "Pertaining to Tilefish and Groupers. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A MARCH 2017 PUBLIC HEARING TO DISCUSS CHANGES TO THE PERMITTING AND MANDATORY RECREATIONAL REPORTING REQUIREMENTS FOR THE SPRING TROPHY STRIPED BASS FISHERY, CHARTER STRIPED BASS FISHERY, TILEFISH-GROUPER FISHERY, AND COBIA FISHERY. [audio]

PAGE 2 ITEMS [audio]

A. SURRY COUNTY, #16-0952 Requests authorization to construct a marina facility consisting of four (4) floating T-head piers extending a maximum of 160 feet channelward of mean low water and associated access pier, finger piers, decks and gangways to accommodate 44 wet slips, electric and water service, a gas/diesel fueling station and boat sewage pump-out station in Grays Creek at the end of Marina Drive in Surry County. Staff recommends approval with a time-of-year restriction between February 15 and June 30 for any pile driving to protect anadromous fish species and the use of wooden pile cap cushions, bubble curtains and "Ramp-up" techniques should impact hammers be needed for the installation of hollow steel pilings. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

B. PRINCE WILLIAM MARINA, #16-1916 Requests authorization to remove three (3) stationary timber piers (J, K, and L Docks) containing 97 wetslips and to install three (3) floating aluminum piers extending a maximum 371 feet channelward of mean low water, with maximum 88-foot wide T-heads and containing 94 wetslips. A sanitary sewer pump out line will remain on J Dock and fuel pumps will remain on L Dock. A 10-foot by 20-foot roofed structure will be added at the channelward end of L Dock to house fuel pump equipment. The project is located in the Occoquan River, immediately upriver of the Interstate 95 crossing, adjacent to upland property situated at 12849 Gordon Boulevard, in Prince William County. Staff recommends approval with a time-of-year restriction between February 15 and June 30 for any pile driving to protect anadromous fish species and the use of wooden pile cap cushions, bubble curtains and "Ramp-up" techniques should impact hammers be needed for the installation of hollow steel pilings. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

C. MARINE OIL SERVICE, #16-1957 Requests authorization to replace an existing deteriorated industrial timber pier and wharf with a 20-foot wide by 120-foot long industrial concrete pier and a 20-foot wide by 140-foot long wharf along the Elizabeth River at the Marine Oil Service facility located at 1421 S. Main Street in the City of Norfolk. Staff recommends approval with a royalty of $12,000.00 for the encroachment over 6,000 square feet of State-owned subaqueous land at a rate of $2.00 per square foot. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.

D. DOMINION VIRGINIA POWER, #16-2013 Requests authorization to rebuild the existing Line 51 transmission line that crosses the Elizabeth River from the end of Lansing Street and the end of Lovitt Avenue in the City of Norfolk. Staff recommends approval with a royalty in the amount of $4,500.00 for the encroachment over 1,500 square feet of State-owned subaqueous land at a rate of $3.00 per square foot. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION.