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COMMISSION ACTIONS OCTOBER 28, 2014

** APPROVAL OF AGENDA.  THE AGENDA WAS UNANIMOUSLY APPROVED WITH THE ADDITION OF ITEM 24, TO CONSIDER AN EMERGENCY AMENDMENT OF REGULATION 4 VAC 20-720-10 ET SEQ TO CORRECT A BOUNDARY DESCRIPTION OF THE RAPPAHANNOCK RIVER OYSTER ROTATION AREA #1. [audio]

1. MINUTES of previous meeting. THE MINUTES OF THE SEPTEMBER MEETING WERE UNANIMOUSLY APPROVED AS WRITTEN [audio]

2.  PERMITS  (Projects over $500,000 with no objections and with staff recommendation for approval).  THE SO-CALLED PAGE 2 ITEMS, DELINEATED BELOW AS 2A, 2B, 2C, 2D, 2E, AND 2F WERE UNANIMOUSLY APPROVED. [audio]

3.  CONSENT AGENDA ITEMS. NONE [audio]

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

5. ARMY CORPS OF ENGINEERS, #13-1563, requests authorization to place approximately 27,000 cubic yards of sandy dredge material from the maintenance dredging of the Starling Creek Federal Navigation Channel along approximately 2,100 feet of shoreline, install an 879-foot long stone revetment centering on the existing dredge placement site and replace the four stormwater outfall pipes adjacent to the placement site on Saxis Island in Accomack County. Subaqueous and Coastal Primary Sand Dunes/Beach permits are required. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT, IN KEEPING WITH STAFF RECOMMENDATION, CONDITIONED UPON THE APPLICANT PROVIDING BATHYMETRIC AND CROSS SECTIONAL SURVEYS OF THE BEACH AREA WITHIN 90 DAYS OF THE COMPLETION OF THE PLACEMENT OF THE DREDGED MATERIAL. [audio] 

6. DENNIS KOCH, #14-0834, BARBARA MERCER, #14-0833, JACK LUNDY, #14-1064, JAMES SPEEGLE, #14-1231, ANN WALLACE, #14-1061, DAVID ROGERS, #14-1065, DOROTHY WHITE, #14-1062, SANDRA VON SHILLING, #14-1063, HORACE PRATT, #14-1232. Each applicant requests authorization to install a manmade dune system consisting of geotextile bags filled with sand, overtopped with sand and natural vegetation, upon their property located along the Chesapeake Bay at North 1st Street in the City of Hampton. Each project requires a Coastal Primary Sand Dune/Beach permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT WITH THE INCLUSION OF THE FOLLOWING FOUR SPECIAL CONDITIONS RECOMMENDED BY STAFF:

1. A MINIMUM OF ONE FOOT OF SAND COVER SHALL BE MAINTAINED OVER THE GEOTEXTILE BAGS.

2. A PLANTING PLAN SHALL BE SUBMITTED FOR APPROVAL BY COMMISSION STAFF THAT INCLUDES NATURAL VEGETATION AND THE USE OF BERMUDA GRASS AS A WALKWAY. THE PLAN SHALL INCLUDE PROVISIONS FOR REPLANTING TO MAINTAIN 80% COVERAGE OF VEGETATION AND SHALL INCLUDE MONITORING FOR THREE YEARS AND THE SUBMITTAL OF AN ANNUAL REPORT AT THE END OF EACH YEAR FOR THREE YEARS FOLLOWING PROJECT CONSTRUCTION. 

3. SHOULD THE CONSTRUCTED DUNE FEATURES FAIL AND THEY CANNOT BE MAINTAINED THE GEOTEXTILE BAGS SHALL BE REMOVED AND SAND SPREAD ON THE BEACH. 

4. SHOULD THE ARTIFICIAL DUNES RESULT IN UNANTICIPATED IMPACTS THE COMMISSION MAY HOLD AN ADDITIONAL HEARING TO CONSIDER REQUIRING THEIR REMOVAL AND ORDER SUCH REMOVAL IF NECESSARY. 
[audio]

7. GREGORY BREZINSKI, #14-1077, requests authorization to construct a single family dwelling along the Chesapeake Bay at 826 North 1st Street in the City of Hampton. The project requires a Coastal Primary Sand Dune/Beach permit. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT AS RECOMMENDED BY STAFF PENDING THE RECEIPT OF REVISED DRAWINGS DEPICTING THE DWELLING IN LINE WITH THE ADJACENT HOUSE TO THE SOUTH AND DEPICTING THE CHANNELWARD ENCROACHMENT OF THE BULKHEAD TO BE A CLOSE AS POSSIBLE TO THE BULKHEAD ON THE ADJOING LOT TO THE SOUTH. THE COMMISSION ALSO STIPULATED THAT SHOULD THE APPLICANT BE UNABLE TO SECURE A WAIVER FROM THE CITY OF HAMPTON FOR A VARIANCE TO ALLOW CONSTRUCTION OF THE HOME AND GARAGE CLOSER TO NORTH 1ST STREET, THE APPLICANT WOULD NEED TO REQUEST THE COMMISSION RECONSIDER HIS REQUEST FOR A CHANGE IN THE HOUSE AND GARAGE LOCATION OR FOR A MODIFIED HOUSE AND GARAGE PLAN. ANY SUCH REVIEW WOULD REQUIRE A NEW PUBLIC HEARING. [audio]

8. VERIZON, #13-1275, requests after-the-fact authorization to retain a fiber optic cable installed across the Southern Branch of the Elizabeth River adjacent to the Gilmerton Bridge in Chesapeake. The project requires a wetlands and a subaqueous permit. THE AFTER-THE-FACT REQUEST WAS APPROVED WITH THE FOLLOWING SPECIAL CONDITIONS RECOMMENDED BY STAFF:

1. 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.

2. PERMITTEE AGREES TO RESTORE, A MINIMUM OF 22.5 LINEAR FEET OF VEGETATED WETLANDS ONSITE FOLLOWING THE INSTALLATION OF THE FIBER OPTIC CABLE. EXISTING BIOLOGICAL BENCHMARKS WILL BE USED TO RE-ESTABLISH THE APPROPRIATE GRADE TO SUPPORT THE PLANTING OF BOTH SPARTINA ALTERNIFLORA AND SPARTINA PATENS ON 12-INCH CENTERS. ANY ADDITIONAL VEGETATED WETLAND AREAS DIRECTLY IMPACTED WITHIN THE LIMITS OF DISTURBANCE WILL ALSO BE RESTORED.

3. PERMITTEE AGREES TO COORDINATE ALL RESTORATION ACTIVITIES WITH VMRC STAFF, AND A FINAL SITE INSPECTION WILL BE CONDUCTED SUBSEQUENT TO THE RESTORATION OF THE SITE. 

4. PERMITTEE AGREES TO ADHERE TO A TIME OF YEAR RESTRICTION FROM FEBRUARY 15 TO JUNE 30 TO PROTECT ANADROMOUS FISH RESOURCES.

THE PROJECT WAS ALSO ASSESSED A STANDARD ROYALTY OF $3,600 FOR THE ENCROACHMENT OF THE NEW LINE ON 1,200 LINEAR FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $3.00 PER LINEAR FOOT. AFTER CONSIDERING THE CIRCUMSTANCES THAT NECESSITATED THE IMMEDIATE REPLACEMENT OF THE COMMUNICATIONS LINE, THE COMMISSION OPTED NOT TO REQUIRE ANY CIVIL CHARGES OR AFTER-THE-FACT FEES.
[audio]

9. SAVAGE NECK VA LLC, et al, #13-1843, requests authorization to install five (5) 180-foot long offshore breakwaters with beach nourishment situated adjacent to their properties along the Chesapeake Bay (south of Smith Beach and north of Sand Hills) in the Savage Neck area of Northampton County. The project is protested by a nearby property owner. THE COMMISSION UNANIMOUSLY APPROVED THE PROJECT, AS RECOMMENDED BY STAFF, WITH A ROYALTY ASSESSMENT OF $3,149.00 FOR THE ENCROACHMENT OF THE BEACH NOURISHMENT ON 62,980 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $0.05 PER SQUARE FOOT. [audio]

10. REQUEST FOR PUBLIC HEARING to set aside unassigned State bottom not to be leased in Cobb Bay adjacent to and south of Public Ground #13, and in South Bay adjacent to and east of Public Ground #30, in Northampton County. The areas are identified as suitable for Submerged Aquatic Vegetation (SAV) growth and restoration. THE COMMISSION UNANIMOUSLY APPROVED THE REQUEST AND OPTED TO HOLD THE PUBLIC HEARING AT THE JANUARY 27TH COMMISSION MEETING. [audio]

11. PUBLIC COMMENT: NONE [audio]

12. REPEAT OFFENDERS: THE COMMISSION HEARD ONE REPEAT OFFENDER CASE INVOLVING COMMERCIAL STRIPED BASS VIOLATIONS. THE COMMISSION EMPHASIZED THE SERIOUSNESS OF THE NEED OF STRIPED BASS REGULATIONS AND THE IMPORTANCE OF FOLLOWING SAID REGULATIONS. THE COMMISSION VOTED TO PLACE ONE INDIVIDUAL ON PROBATION FOR A PERIOD OF TWO YEARS.  [audio]

13. UNLAWFUL TAKING OF OYSTERS OFFENDERS: BECAUSE OF A PROCEDURAL ISSUE, THE COMMISSION VOTED TO POSTPONE THE SCHEDULED UNLAWFUL TAKING OF OYSTER OFFENDERS HEARINGS UNTIL THE DECEMBER 2014 COMMISSION MEETING. [audio]

14. 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 VOTED UNANIMOUSLY TO PLACE TWO INDIVIDUALS ON A TWO-YEAR PROBATION AND SUSPENDED ALL LICENSES OF A THIRD INDIVIDUAL THAT FAILED TO APPEAR PENDING HIS APPEARANCE BEFORE THE COMMISSION. [audio]

15. PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-910-10 et seq. “Pertaining to Scup (Porgy),” to increase the possession limit for scup, during the Winter II Period (November 1 through December 31), from 8,000 pounds to 18,000 pounds. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO INCREASE THE POSSESSION LIMIT FOR SCUP, DURING THE WINTER II PERIOD (NOVEMBER 1 THROUGH DECEMBER 31) FROM 8,000 POUNDS TO 18,000 POUNDS. [audio]

16. PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-1090-10 et seq., "Pertaining to Licensing Requirements and License Fees,” to increase saltwater recreational license fees to ensure continuation of core recreational programs. THE COMMISSION VOTED (8-0-1), ASSOCIATE COMMISSIONER ZYDRON ABSTAINING, TO APPROVE AMENDMENTS ON CHAPTER 4 VAC 20-1090-10 ET SEQ., “PERTAINING TO LICENSING REQUIREMENTS AND LICENSE FEES,” TO INCREASE SALTWATER RECREATIONAL LICENSE FEES TO ENSURE CONTINUATION OF CORE RECREATIONAL PROGRAMS. THESE CORE RECREATIONAL PROGRAMS INCLUDE, BUT ARE NOT LIMITED TO, RECREATIONAL LAW ENFORCEMENT, THE VIRGINIA SALTWATER TOURNAMENT, THE GAME FISH TAGGING PROGRAM, AND THE ARTIFICIAL REEF PROGRAM. THE RECREATIONAL LICENSE FEES HAVE ONLY BEEN INCREASED TWO TIMES SINCE 1993. PUBLIC COMMENT WAS RECEIVED FROM 19 INDIVIDUALS IN OPPOSITION OF THE RECREATIONAL LICENSE FEE INCREASES, AND ONE INDIVIDUAL SPOKE IN OPPOSITION DURING THE MEETING. [audio]

17. REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-252-10 et seq., “Pertaining to the Taking of Striped Bass” to comply with Addendum IV to Amendment 6 to the Atlantic Striped Bass Interstate Fishery Management Plan. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR A DECEMBER 9, 2014, PUBLIC HEARING FOR PROPOSED AMENDMENTS TO CHAPTER 4 VAC 20-252-10 ET SEQ. “PERTAINING TO THE TAKING OF STRIPED BASS” TO INCLUDE ANY MEASURES ADOPTED AND APPROVED, RELATIVE TO VIRGINIA STRIPED BASS FISHERY MANAGEMENT, BY THE ASMFC STRIPED BASS MANAGEMENT BOARD ON OCTOBER 29, 2014; AND TO ESTABLISH A SPRING RECREATIONAL STRIPED BASS TROPHY PERMIT AND SANCTIONS PERTAINING TO THE FAILURE TO SUBMIT MANDATORY HARVEST REPORTS FOR SPRING TROPHY STRIPED BASS. [audio]

18. REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-500-10 et seq., “Pertaining to the Catching of Eels” to comply with the Interstate Fishery Management Plan requirements for American eel. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION FOR ADVERTISEMENT FOR A DECEMBER 9, 2014, PUBLIC HEARING FOR AMENDMENTS TO CHAPTER 4 VAC 20-500-10 ET SEQ. “PERTAINING TO THE CATCHING OF EELS” TO COMPLY WITH THE MANAGEMENT REQUIREMENTS OF THE ASMFC INTERSTATE FISHERY MANAGEMENT PLAN FOR AMERICAN EEL, TO INCLUDE BUT NOT LIMITED TO THE ESTABLISHMENT OF BUYER REPORTING AND PERMITTING REQUIREMENTS FOR THOSE INDIVIDUALS WHO PURCHASE AND RETAIL AMERICAN EELS. [audio]

19. REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-900-10 et seq., “Pertaining to Horseshoe Crabs” to establish the 2015 Virginia commercial landings quota. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION FOR ADVERTISEMENT FOR A DECEMBER 9, 2014, PUBLIC HEARING TO ESTABLISH THE 2015 VIRGINIA COMMERCIAL LANDINGS QUOTA FOR HORSESHOE CRABS.  [audio]

20. REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-280-10 et seq., “Pertaining to Speckled Trout and Red Drum” to amend the daily bycatch landing limit for speckled trout. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION FOR ADVERTISEMENT FOR A DECEMBER 9, 2014, PUBLIC HEARING TO AMEND THE DEFINITION OF THE DAILY BYCATCH LANDING LIMIT FOR COMMERCIAL SPECKLED TROUT. [audio]

21. RECOMMENDATIONS: From the Recreational Fishing Advisory Board, on funding an artificial reef project from the Virginia Saltwater Recreational Fishing Development Fund. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE RECOMMENDATIONS FROM THE RECREATIONAL FISHING ADVISORY BOARD ON FUNDING AN ARTIFICIAL REEF PROJECT FROM THE VIRGINIA SALTWATER RECREATIONAL FISHING DEVELOPMENT FUND. THIS FUNDING WILL FURTHER ENHANCE EXISTING REEFS.  [audio]

22. REQUEST: For emergency amendments to modify summer flounder management measures, as described in 4 VAC 20-620-10 et seq. THIS IS AN EMERGENCY AMENDMENT REQUESTED BY INDUSTRY, TO MAXIMIZE THE VALUE OF THE ALLOWABLE QUOTA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION FOR EMERGENCY AMENDMENTS PERTAINING TO SUMMER FLOUNDER TO ESTABLISH A 20-DAY CONSECUTIVE LANDING PERIOD, BEGINNING DECEMBER 1, 2014, FOR ANY LEGALLY LICENSED SUMMER FLOUNDER ENDORSEMENT LICENSEE LANDING SUMMER FLOUNDER, HARVESTED OUTSIDE OF VIRGINIA WATERS, EFFECTIVE NOVEMBER 10, 2014. A PUBLIC HEARING WILL BE HELD ON DECEMBER 9, 2014 TO PERMANENTLY ADOPT THE EMERGENCY AMENDMENT. [audio]

23. REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4VAC 20-1270-10 et seq. “Pertaining to Atlantic Menhaden” to modify the reference years for the total allowable landings. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION FOR ADVERTISEMENT FOR A DECEMBER 9, 2014 PUBLIC HEARING TO MODIFY THE REFERENCE YEARS FOR THE TOTAL ALLOWABLE LANDINGS FOR COMMERCIALLY CAUGHT ATLANTIC MENHADEN.  [audio]

24. EMERGENCY REGULATION: Proposed amendments to Chapter 4 VAC 20-720-10 et seq., “Pertaining to Restrictions on Oyster Harvest” to amend the definition of Rappahannock River Rotation Area 1. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE PROPOSED EMERGENCY AMENDMENTS PERTAINING TO RESTRICTIONS ON OYSTER HARVEST, TO ALIGN COORDINATES WITHIN THE REGULATION TO A CURRENTLY ESTABLISHED BUOY LOCATION IN THE RAPPAHANNOCK RIVER ROTATION AREA 1.  [audio]


THE FOLLOWING SO-CALLED
PAGE TWO ITEMS WERE APPROVED UNANIMOUSLY:

2A. DEPARTMENT OF THE NAVY, #14-1075, requests authorization to hydraulically nourish sections of the Fort Story shoreline (4,170 total linear feet of shoreline) situated along the Chesapeake Bay within the Joint Expeditionary Base Little Creek-Fort Story in Virginia Beach. Approximately 850,000 cubic yards of sand dredged from federal navigation channels will be placed along the shoreline, and an existing 48-inch cast iron stormwater outfall pipe will be extended by 160 feet out into the Bay. 

2B. U. S. ARMY CORPS OF ENGINEERS, #14-0171,
requests authorization to place per dredge cycle up to 100,000 cubic yards of sandy dredge material along the shoreline at the Cape Charles Town Beach. The dredge material is from the maintenance dredging of the Cape Charles Federal Navigation Channel.

2C. SHIRLEY CONTRACTING COMPANY, INC., #14-1197,
requests authorization to construct twin clearspan bridges, each measuring 42 feet in width, across approximately 158 linear feet of Broad Run to facilitate construction of the Gloucester Parkway Extension (SR 2150) in Loudoun County. Permittee shall execute a transfer of this permit to the Virginia Department of Transportation upon their acceptance of the structure(s) authorized herein.

2D. HANOVER COUNTY DEPARTMENT OF PUBLIC WORKS, #14-1353,
requests authorization to cross Stony Run in four locations with a 24-inch diameter gravity sewer line, encased in concrete and trenched in approximately two feet below the natural stream bed in association with Phase 6 of the Stony Run Sewer Interceptor project from Cobbs Road to the Town of Ashland. Recommend approval with standard in-stream work conditions, including all work to be conducted in the dry within cofferdams constructed of non-erodible material and complete removal of all construction related material and restoration of the streambed and banks to their natural, pre-constriction condition upon completion of the project.

2E. COLONNA’S SHIPYARD, #09-0073,
requests authorization to maintenance dredge 13,200 cubic yards of State-owned subaqueous material using either mechanical or hydraulic methods to establish and maintain, on an as-needed basis, maximum depths of -27 feet at mean low water, adjacent to Pier 8 at the West Yard facility situated along the Eastern Branch of the Elizabeth River in the City of Norfolk. Dredged material will be disposed of in the Craney Island Rehandling Basin if dredged mechanically, or hydraulically pumped directly into the Craney Island Dredged Material Management Area. 

2F. VIRGINIA ELECTRIC AND POWER COMPANY, #14-1023,
requests authorization to remove the existing transmission line structures within the Lynnhaven Inlet and install two new towers, spanning an approximate 900-foot section of the Lynnhaven Inlet on the south side of the Lesner Bridge in Virginia Beach. The new towers will be installed utilizing eight-foot diameter concrete pipe pile bases which will extend eight feet vertically above mean high water. Six new conductor lines will be attached to the new towers, maintaining a minimum of 66 feet of vertical clearance above mean high water. Staff recommends approval with a total royalty assessment of $5,710.40 which includes two complete electrical circuits crossing 900 linear feet of State-owned submerged bottom at a rate of $3.00 per linear foot, the dredging of 184 cubic yards of State-owned submerged bottom (associated with the removal of the existing and installation of the new towers) at a rate of $0.60 per cubic yard, and the filling of 100 square feet of State-owned submerged bottom at a rate of $2.00 per square foot.

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