** APPROVAL OF AGENDA. THE MEETING AGENDA WAS APPROVED UNANIMOUSLY.
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1. MINUTES of previous meeting. UNANIMOUSLY APPROVED AS WRITTEN.
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2. PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval). THE SO-CALLED PAGE 2 ITEMS DELINEATED BELOW AS ITEMS 2A THROUGH 2D WERE UNANIMOUSLY APPROVED. [ audio ]
3. CONSENT AGENDA ITEMS.
NONE. [ audio ]
4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. NONE [ audio ]
5. VIRGINIA ELECTRIC & POWER CO.,
#15-0533, requests authorization to cross the Rappahannock River with a new,
115kV transmission line immediately downstream of the Route 3 Norris Bridge
between Middlesex and Lancaster Counties. The existing line will be removed
from the bridge and the new line will be suspended on ten (10) new towers,
with a fender system to be installed around the two new towers on either
side of the navigation channel. The project is protested by a citizen in
Urbanna. THE COMMISSION APPROVED THE PROJECT 8 TO 0, WITH ASSOCIATE
COMMISSIONER HAYNIE ABSTAINING, WITH THE SPECIAL CONDITIONS RECOMMENDED BY
STAFF INCLUDING A TIME-OF-YEAR RESTRICTION PROHIBITING PILE DRIVING BETWEEN
FEBRUARY 15 TO JUNE 30 OF EACH YEAR TO PROTECT ANADROMOUS FISH AND A TIME
RESTRICTION PROHIBITING CONSTRUCTION ACTIVITY WITHIN 600 FEET OF ANY ACTIVE
PEREGRINE FALCON NEST BETWEEN FEBRUARY 15 AND JULY 15 WITH A PROVISION THAT
THE RESTRICTION MAY BE WAIVED IF THE NEST IS FOUND TO BE INACTIVE OR THE
CHICKS HAVE FLEDGED OR BEEN RELOCATED BY THE VIRGINIA DEPARTMENT OF GAME AND
INLAND FISHERIES. ADDITIONALLY, THE COMMISSION APPROVAL INCLUDED CONDITIONS
REQUIRING THE USE OF BUBBLE CURTAINS WHILE DRIVING PILINGS IN SHALLOW WATERS
AND REQUIRED THE PILE DRIVING TO UTILIZE “RAMP-UP” PROCEDURES WHEN
INITIATING EACH PILE DRIVING SESSION. THE APPROVAL ALSO INCLUDED A TOTAL
ROYALTY OF $64,120.00 FOR THE CROSSING OF THE TRANSMISSION LINE OVER 10,320
SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $3.00 PER LINEAR FOOT
AND FOR THE ENCROACHMENT OF THE SUPPORT STRUCTURES AND FENDER SYSTEM ON
16,580 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $2.00 PER
SQUARE FOOT. [ audio ]
6. MR. B’S OYSTER COMPANY LLC, #14-1632,
requests authorization to deploy a total of 512 commercial aquaculture
floats in an 8,100 square foot area along the West Yeocomico River at Oyster
Shell Point in Northumberland County. The project is protested by an upland
property owner. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT WITH
SEVERAL SPECIAL AQUACULTURE CONDITIONS RECOMMENDED BY STAFF AND WITH AN
ANNUAL ROYALTY IN THE AMOUNT OF $40.50 FOR THE ENCROACHMENT OF THE FLOATS ON
8,000 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT AN ANNUAL RATE OF $0.005
PER SQUARE FOOT. [ audio ]
7. KEITH BATTS, #14-1664, requests
authorization to construct an 11-foot by 13-foot open-sided gazebo over the
reconstructed private pier head serving 2102 Turnstone Quay in the Broad Bay
Point subdivision, situated along Ferebee Cove in Virginia Beach. The
project is protested by an adjoining property owner. THE COMMISSION
UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED. [ audio ]
8. SHIRLEY CONTRACTING COMPANY, LLC, #15-0076, requests authorization to fill
approximately 14,000 square feet (1,994 square feet is temporary for
construction access) of Horsepen Run, a tributary to the Potomac River in
association with the proposed widening of the Route 606/Loudoun County
Parkway near the Dulles Greenway interchange in Loudon County. The project
is protested by an adjacent property owner. THE COMMISSION
UNANIMOUSLY APPROVED THE PROJECT WITH SEVERAL SPECIAL CONDITIONS RECOMMENDED
BY STAFF TO MINIMIZE ENVIRONMENTAL IMPACTS ASSOCIATED WITH THE IN-STREAM
CONSTRUCTION ACTIVITIES. [ audio ]
9. PUBLIC HEARING: Proposed “Living Shoreline Group 1 General Permit for Certain Living Shoreline Treatments Involving Tidal Wetlands.” The general permit regulation is being developed pursuant to �28.2-104.1 of the Code of Virginia. THE COMMISSION
UNANIMOUSLY APPROVED THE DRAFT GENERAL PERMIT REGULATION WITH SEVERAL MINOR
CHANGES RECOMMENDED BY STAFF WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2015. [ audio ]
10. PUBLIC COMMENTS: Mr. John Brown - Mr. Brown, a recreational licensee expressed serious concern over the speckled trout fishery. Mr. Brown prepared a presentation of the speckled trout catch covering the past four years for the Commission. He said this was his personal analysis and not scientific research. He encouraged the Commission to consider adopting more restrictive regulations for the speckled trout fishery.
Mr. Ken Smith - President Virginia Watermen's Association. Mr. Smith spoke about the winter dredge survey and the decisions to be made by the Commission on this subject at the upcoming September meeting. Mr. Smith supports opening the winter dredge fishery. [ audio ]
11. OFFENDERS: THE COMMISSION HEARD 4 CASES ON OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. THE COMMISSION VOTED UNANIMOUSLY TO PLACE ONE INDIVIDUAL ON PROBATION FOR A PERIOD OF ONE YEAR FOR VIOLATIONS IN THE OYSTER FISHERY OF THE POSSESSION OF UNCULLED OYSTERS AND THE HARVEST OF RECREATIONAL OYSTERS IN A CLOSED SEASON. THE COMMISSION PLACED ONE INDIVIDUAL ON PROBATION FOR A PERIOD OF ONE YEAR FOR THE POSSESSION OF UNCULLED OYSTERS. TWO INDIVIDUALS WERE NOT PRESENT FOR THEIR HEARING AND THE COMMISSION VOTED UNANIMOUSLY TO SUSPEND ALL LICENSES AND TIDAL FISHING RIGHTS UNTIL THEY APPEAR IN FRONT OF THE COMMISSION. [ audio ]
12. FAILURE TO REPORT: Cases involving failure to report commercial harvests, in
accordance with Chapter 4 VAC 20-610-10 et seq., "Pertaining to Commercial
Fishing and Mandatory Harvest Reporting.". THE COMMISSION
HEARD ONE CASE FOR THE FAILURE TO REPORT COMMERCIAL HARVEST TO THE
COMMISSION’S MANDATORY HARVEST REPORTING PROGRAM. THE COMMISSION VOTED
UNANIMOUSLY TO PLACE THE INDIVIDUAL ON PROBATION FOR A PERIOD OF TWO YEARS. [ audio ]
13. PUBLIC HEARING: Request to amend Chapter 4 VAC 20-610-10 et
seq., “Pertaining to Commercial Fishing and Mandatory Harvest Reporting” to
modify the criteria for an exception to the two-year delay process for a
Commercial Fisherman Registration License. ENTRY INTO THE COMMERCIAL
FISHING INDUSTRY REQUIRES AN APPLICANT TO APPLY FOR A COMMERCIAL FISHERMAN
REGISTRATION LICENSE (CFRL). THERE ARE TWO AVENUES FOR RECEIVING A CFRL. THE
FIRST IS THE TWO-YEAR DELAYED ENTRY PROGRAM AND THE SECOND IS THROUGH A
LICENSE TRANSFER. CURRENTLY EXCEPTIONS TO THE TWO-YEAR DELAYED ENTRY PROGRAM
INCLUDE DEMONSTRATION THAT THE APPLICANT HAS FISHED A SIGNIFICANT QUANTITY
OF GEAR IN AT LEAST TWO OF THE LAST FIVE YEARS AND DEMONSTRATION OF A
SIGNIFICANT HARDSHIP CAUSED BY UNFORESEEN CIRCUMSTANCES THAT PREVENTED THE
APPLICANT FROM ENTERING THE TWO-YEAR DELAYED ENTRY PROGRAM. APPROVED
EXCEPTIONS TO THE TWO-YEAR DELAYED ENTRY RESULTED IN NEARLY A 25% ADDITION
TO EFFORT IN THE PUBLIC OYSTER FISHERY DURING THE PAST THREE YEARS. IN
ADDITION, THE CURRENT EXCEPTIONS ARE DIFFICULT FOR STAFF TO VERIFY AND ALLOW
APPLICANTS TO BYPASS A PROGRAM THAT WAS CRAFTED BY LEGISLATION AS A GRADUAL
MEANS FOR ENTRY INTO VIRGINIA COMMERCIAL FISHERIES.
THE COMMISSION VOTED UNANIMOUSLY TO MODIFY THE CRITERIA FOR AN
EXCEPTION TO THE TWO-YEAR DELAY PROCESS FOR A COMMERCIAL FISHERMAN
REGISTRATION LICENSE. AN EXCEPTION MAY NOW ONLY BE GRANTED FOR INDIVIDUALS
WHO PURCHASE A CFRL FROM ANOTHER FISHERMAN, DEMONSTRATES DEATH OF AN
IMMEDIATE FAMILY MEMBER WHO HOLDS A CFRL OR DEMONSTRATES A SIGNIFICANT
HARDSHIP BASED ON HEALTH OR MILITARY DUTY. THE ANNUAL RENEWAL DATES FOR CFRL
HOLDERS WILL NOW BE DECEMBER THROUGH APRIL OF EACH YEAR. [ audio ]
14. PUBLIC HEARING: Request to amend Chapter 4 VAC 20-560-10 et seq.,
“Pertaining to Shellfish Management Areas” to establish the lawful season of
harvest of clams by patent tong from the Newport News Shellfish Management
Area, and prohibit additional lease applications within this clam management
area. THE NEWPORT NEWS SHELLFISH MANAGEMENT AREA WAS
ESTABLISHED IN 1997 FOR USE BY THE PATENT TONG CLAM INDUSTRY AFTER THE
ANNOUNCEMENT THAT THIS AREA WAS DECLARED CLEAN BOTTOM. THE MANAGEMENT AREA
IS CURRENTLY OPEN TO HARVEST FROM DECEMBER 1 THROUGH APRIL 30. VMRC STAFF
RECEIVED A REQUEST FROM INDUSTRY TO MODIFY THE OPEN DATES OF THIS MANAGEMENT
AREA TO BE MAY 1 THROUGH SEPTEMBER 30. THIS ALLOWS THE INDUSTRY YEAR-ROUND
WORK BY HARVESTING OYSTERS IN THE WINTER SEASON AND CLAMS IN THE SUMMER
SEASON. THE INDUSTRY HAS ACKNOWLEDGED THAT THEY WILL NOW BE REQUIRED TO
COMPLY WITH PUBLIC HEALTH AND WARM WATERS RESTRICTIONS FOR SHELLFISH.
THE COMMISSION VOTED UNANIMOUSLY TO ESTABLISH THE LAWFUL SEASON OF
HARVEST OF CLAMS BY PATENT FROM THE NEWPORT NEWS SHELLFISH MANAGEMENT AREA
AS MAY 1 THROUGH SEPTEMBER 30 AND TO PROHIBIT ANY ADDITIONAL LEASE
APPLICATIONS WITHIN THIS CLAM MANAGEMENT AREA. [ audio ]
15. DISCUSSION ITEM: Consideration of a petition (pursuant to section 28.2-214
of the Code of Virginia) requesting a review of the $150.00 fee for a Daily
Restricted Shellfish Area Relay Permit established by Regulation
4VAC20-1290-10 ET SEQ, PERTAINING TO RESTRICTIONS ON THE HARVEST OF
SHELLFISH IN CONDEMNED SHELLFISH AREAS, effective June 1, 2015. The
Commission will accept public comment on the petition. THE
COMMISSION HEARD PUBLIC COMMENT ON THE $150.00 FEE FOR THE DAILY RESTRICTED
SHELLFISH AREA RELAY PERMIT THAT WAS ESTABLISHED JUNE 1, 2015 FOLLOW A
PUBLIC HEARING. THE COMMISSION VOTED UNANIMOUSLY TO DENY ANOTHER PUBLIC
HEARING ON THE ISSUE. [ audio ]
16. DISCUSSION ITEM: Status of oyster stocks on public oyster grounds for the 2015- 2016 harvest season. VMRC STAFF PRESENTED THE COMMISSION INFORMATION ON THE CURRENT
HEALTH OF VIRGINIA’S PUBLIC OYSTER GROUNDS. BASED ON THE ANNUAL OYSTER SURVEY, VIMS AND VMRC STAFF PREDICT UPCOMING REDUCTIONS IN HARVEST OPPORTUNITIES RELATED TO POOR SPAT SETS IN 2013 AND 2014 AS COMPARED TO 2012. THERE IS ALSO EVIDENCE OF OVERCAPACITY IN THE PUBLIC OYSTER FISHERY BECAUSE OF A FLOOD OF NEW ENTRANTS WITHIN THE PAST 4 YEARS. THE FISHERY IS
ALSO BURDENED BY THE RISING PRICES OF SHELL FOR THE PLANTING OF CULTCH WHICH IS NECESSARY FOR RECRUITMENT IN FUTURE YEARS. THE OYSTER INDUSTRY AND THE COMMISSION WILL NEED TO DISCUSS EFFORT REDUCTIONS FOR THE 2015 AND 2016 PUBLIC OYSTER SEASONS. [ audio ]
17. REQUEST FOR AUGUST PUBLIC HEARING: Amendments to Chapter 4 VAC 20- 720-10 et seq., “Pertaining to Restrictions on Oyster Harvest,” to establish the 2015-2016 public oyster harvest seasons and management measures that could include, but are not limited to, lower bushel limits and effort limitations. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO ADVERTISE FOR AN AUGUST 25, 2015 PUBLIC HEARING FOR PROPOSED AMENDMENTS TO CHAPTER 4 VAC 20-720-10 ET SEQ., “PERTAINING TO RESTRICTIONS ON OYSTER HARVEST [ audio ]
18. REQUEST FOR AUGUST PUBLIC HEARING: Amendments to Chapter 4
VAC 20- 490-10 et seq., “Pertaining to Sharks,” to request establishing a
prohibition on the use of any bow hunting gear to take, capture, or kill any
ray or skate species. THE COMMISSION VOTED UNANIMOUSLY TO
POSTPONE A PUBLIC HEARING ON THE PROHIBITION OF RAYS OR SKATES BY BOW
HUNTING UNTIL THE FINFISH MANAGEMENT ADVISORY COMMITTEE MAY DISCUSS AND
DELIBERATE ON THE ISSUES. [ audio ]
19. REQUEST FOR AN AUGUST PUBLIC HEARING: To conform the penalty section of Chapter 4 VAC 20-280-10 et seq., “Pertaining to Speckled Trout and Red Drum” with recent changes to the Code of Virginia. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE
STAFF RECOMMENDATION TO ADVERTISE FOR AN AUGUST 25, 2015 PUBLIC HEARING FOR PROPOSED AMENDMENTS TO CHAPTER 4 VAC 20-280-10 ET SEQ., “PERTAINING TO SPECKLED TROUT AND RED DRUM” [ audio ]
THE FOLLOWING SO-CALLED PAGE TWO ITEMS WERE APPROVED UNANIMOUSLY:
2A. NORFOLK SOUTHERN CORP., #15-0196, requests authorization
to construct a living shoreline, to include three (3) riprap sill structures
totaling approximately 1,270 linear feet, to include associated sand fill and
vegetated wetlands plantings landward of the structures, at their Lambert’s
Point facility situated along the Elizabeth River in Norfolk.
2B. TRANSCONTINENTAL GAS PIPELINE COMPANY, LLC, #15-0428, requests
authorization to install by the open-cut method, a 24-inch diameter natural gas
pipeline a minimum of five (5) feet beneath a 66-foot wide section of Reedy
Creek, approximately three quarters of a mile south of Totaro, in Brunswick
County. Staff recommends approval with standard instream permit conditions and a
royalty of $198.00 for crossing 66 linear feet of State-owned submerged land at
a rate of $3.00 per linear foot.
2C. HAMPTON YACHT CLUB, INC.,
#15-0227, requests authorization to install a 7-foot wide open pile
commercial pier extending 259 feet channelward of an existing bulkhead, a 5-foot
by 107-foot T-head, 11 4-foot by 50-foot finger piers and one (1) 4-foot by
35-foot finger pier to facilitate 25 boat slips, 52 linear feet of bulkhead, a
70.5-foot by 6-foot floating dock with 95 square feet of additional deck space
and a pump-out facility, and to mechanically dredge 3,000 cubic yards of
State-owned subaqueous bottom to attain depths of minus nine (-9) feet mean low
water along the Hampton River at 515 Bridge Street in the City of Hampton. Staff
recommends approval with standard dredging permit conditions and a royalty in
the amount of $42,409.00 for the dredging of 3,000 cubic yards at $0.45 per
cubic yard, the outline of the proposed piers over 27,054 square feet of
subaqueous bottom at $1.50 per square foot, and the filling of 104 square feet
of State-owned subaqueous bottom at a rate $2.00 per square foot.
2D. CITY OF VIRGINIA BEACH, #15-0549, requests authorization to
annually dredge, by either mechanical or hydraulic methods, approximately 27,000
cubic yards of State-owned submerged bottomlands within the existing Crab Creek
municipal channel adjacent to the Lynnhaven Boat Ramp and Beach Facility in
Virginia Beach. The interior channel will be dredged to maximum depths of minus
six (-6) feet mean low water from the ramp to the turning basin at the
southernmost point, and a maximum of minus nine (-9) feet for the exterior
channel from the turning basin to the end point where it connects to the
existing Lynnhaven Inlet Federal Navigational Channel south of the Lesner
Bridge. A time-of-year-restriction will be imposed to prevent dredging from
March 1 – September 30 to protect juvenile flounder. Dredge spoils will be
mechanically offloaded either on-site, or hydraulically pumped to the Ocean Park
Beach situated along the Chesapeake Bay. The City may also mechanically offload
at the Maple Street Dredged Material Management area situated along Long Creek
for only the first three years of the permit, as necessary. The City identified
the Maple Street area as a possible offloading location because of potential
site access concerns at the Lynnhaven Facility and Ocean Park Beach due to the
ongoing Lesner Bridge staging and construction.
THERE WERE NO PAGE
THREE ITEMS.
