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COMMISSION ACTIONS October 24, 2017

** APPROVAL OF AGENDA. UNANIMOUSLY APPROVED AS WRITTEN [audio]

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

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). UNANIMOUSLY APPROVED ITEMS 2A, 2B, AND 2C IN ACCORDANCE WITH STAFF RECOMMENDATION [audio]

3. CONSENT AGENDA ITEMS. UNANIMOUSLY APPROVED ITEMS 3A AND 3B IN ACCORDANCE WITH STAFF RECOMMENDATION [audio]

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

5. BRUCE MILLS, #17-0462 Commission review, on appeal by the applicant, of the September 18, 2017, decision of the City of Virginia Beach Wetlands Board to deny the request to dredge tidal wetlands and install a riprap revetment adjacent to 613 and 617 Pine Tree Circle, situated along Buchannan Creek, in Virginia Beach. UNANIMOUSLY UPHELD THE WETLANDS BOARD'S DECISION TO DENY THE APPLICATION. [audio]

6. CITY OF NORFOLK, #17-1291 Requests authorization to relocate sand, plant native vegetation, and reshape portions of landward slope of the coastal primary dune adjacent to the home located at 2318 Bay Oaks Place in the City of Norfolk. The project requires a dune/beach permit. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION. [audio]

7. CITY OF NORFOLK, #17-1425 Requests authorization to relocate sand, plant native vegetation and reshape the landward slope of the jurisdictional coastal primary sand dune adjacent to the home located at 2624 East Ocean View Avenue in the City of Norfolk. The project requires a dune/beach permit. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION. [audio]

8. MIKE PURELLO, #17-0587 Requests after-the-fact authorization to retain a 1,400 square foot, close-sided, private timber boathouse with associated tending pier and boat lift, adjacent to his property situated along Upper Machodoc Creek in King George County. UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION. [audio]

9. PUBLIC HEARING Proposed "Living Shoreline Group 2 General Permit for Certain Living Shoreline Treatments Involving Submerged Lands, Tidal Wetlands, or Coastal Primary Sand Dunes and Beaches." This second general permit regulation is being developed pursuant to §28.2-104.1 of the Code of Virginia. UNANIMOUSLY APPROVED THE LIVING SHORELINE GROUP 2 GENERAL PERMIT REGULATION AND CLARIFIED THAT THERE WOULD BE A 300 APPLICATION FEE FOR PROJECTS IN WHICH THE COMMISSION MUST SERVE AS THE WETLANDS BOARD AND THERE WOULD BE NO FEE FOR THE SUBAQUEOUS COMPONENTS. [audio]

10. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-120-10 ET SEQ. "Pertaining to the Promulgation of a Public Notice on Applications to Encroach In, On, or Over Subaqueous Lands of the Commonwealth." UNANIMOUSLY APPROVED PER STAFF RECOMMENDATION. [audio]

11. PUBLIC COMMENTS Selma Lindsay was granted an exception for a commercial license by the Commission, as her husbands license was sold illegally. Mrs. Lindsay's request to have her deceased husbands striped bass quota restored was denied. Ken Blow requested the Commission continue the Cobia management and reporting measures. Jennifer Withrow was denied her request to obtain her commercial license back after she missed the April 30, 2017 deadline. [audio]

12. OFFENDERS: THE COMMISSION HEARD 5 CASES OF OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. [audio]

13. PUBLIC HEARING Request to establish emergency amendments as a permanent part of regulation to Chapter 4 VAC 20-260-10 et seq., "Pertaining to Designation of Seed Areas and Clean Cull Areas," that clarifies inspection procedures for oysters kept in individual baskets in a vessel. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ESTABLISH EMERGENCY AMENDMENTS AS A PERMANENT PART OF REGULATION TO CHAPTER 4 VAC 20-260-10 ET SEQ., "PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS," THAT CLARIFIES INSPECTION PROCEDURES FOR OYSTERS KEPT IN INDIVIDUAL BASKETS IN A VESSEL. [audio]

14. REQUEST FOR AN EMERGENCY AMENDMENT Proposal to amend Chapter 4 VAC 20-260-10 et seq., "Pertaining to Designation of Seed Areas and Clean Cull Areas," to establish the basket as the only measure for oyster culling tolerance. Request for a public hearing. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT EMERGENCY AMENDMENTS AND REQUESTS A PUBLIC HEARING FOR CHAPTER 4VAC20-260-10, ET SEQ., "PERTAINING TO DESIGNATION OF SEED AREAS AND CLEAN CULL AREAS", TO ESTABLISH THE BASKET AS THE ONLY MEASURE FOR OYSTER CULLING TOLERANCE. [audio]

15. PUBLIC HEARING Request to establish emergency amendments as a permanent part of regulation to Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," that set an October 1, 2017 closure date for the commercial Cobia fishery. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO MAKE PERMANENT THE EMERGENCY AMENDMENTS TO CHAPTER 4 VAC 20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA," TO MAINTAIN AN OCTOBER 1, 2017 CLOSURE OF THE COMMERCIAL COBIA FISHERY. [audio]

16. PUBLIC HEARING Request to establish emergency amendments as a permanent part of regulation to Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," that establishes fall 2017 commercial offshore summer flounder fishery management measures which includes a change to the season start date and lowers the Virginia landing limit. THE COMMISSION UNANIMOULSY APPROVED STAFF RECOMMENDATION TO ADOPT THESE EMERGENCY AMENDMENTS, AS A PERMANENT PART OF REGULATION TO CHAPTER 4 VAC 20-620-10 ET SEQ., "PERTAINING TO SUMMER FLOUNDER," THAT ESTABLISHES FALL 2017 COMMERCIAL OFFSHORE SUMMER FLOUNDER FISHERY MANAGEMENT MEASURES WHICH INCLUDES A CHANGE TO THE SEASON START DATE AND LOWERS THE VIRGINIA LANDING LIMIT. [audio]

17. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1120-10 et seq., "Pertaining to Tilefish and Grouper," to set a recreational season for blueline tilefish. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT AMENDMENTS TO CHAPTER 4 VAC 20-1120-10 ET SEQ., "PERTAINING TO TILEFISH AND GROUPER," TO ESTABLISH A RECREATIONAL FISHING SEASON. [audio]

18. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," to raise the 2018 Coastal Area Commercial Fishery Striped Bass Quota. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE THIS AMENDMENT TO CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO INCREASE THE 2018 COASTAL AREA COMMERCIAL FISHERY STRIPED BASS QUOTA AT THE DECEMBER 2017 COMMISSION MEETING. [audio]

19. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," to simplify permitting and reporting for the charter and private recreational fisheries. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A DECEMBER PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO SIMPLIFY PERMITTING AND REPORTING FOR THE CHARTER AND PRIVATE RECREATIONAL FISHERIES. [audio]

20. DISCUSSION Establishment of a February 2018 recreational black sea bass fishery and associated monitoring requirements; request for a December public hearing. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A DECEMBER PUBLIC HEARING TO ESTABLISH A FEBRUARY 2018 RECREATIONAL BLACK SEA BASS FISHERY AND ASSOCIATED MONITORING REQUIREMENTS. [audio]

PAGE 2 ITEMS [audio]

A. C4GT, LLC, #16-1604 Requests authorization to install a 60-foot by 10-foot 4 port cooling water discharge diffuser, secured to the bottom of the James River, approximately 1,000 feet channelward of Shirley Cove and adjacent to upland property situated at Shirley Plantation. The diffuser will be connected to a 16-inch diameter steel outfall pipe to be installed by the directional drill method, a minimum of five (5) feet beneath the river bottom. The outfall pipe and diffuser are part of a combined-cycle combustion turbine electric generating facility to be constructed in Charles City County. Staff recommends approval with time-of-year restrictions on all instream work from August 1 through November 15 to protect the federally Endangered Atlantic Sturgeon, and February 15 through June 30 to protect anadromous fish species, and a royalty of $1,200.00 for encroachment over 600 square feet of State-owned submerged land at a rate of $2.00 per square foot for the discharge diffuser, and $3,000.00 for encroachment beneath 1,000 linear feet of State-owned submerged land at a rate of $3.00 per linear foot for the outfall pipe. UNANIMOUSLY APPROVED WITH TIME-OF-YEAR RESTRICTIONS ON ALL INSTREAM WORK FROM AUGUST 1 THROUGH NOVEMBER 15 TO PROTECT THE FEDERALLY ENDANGERED ATLANTIC STURGEON, AND FEBRUARY 15 THROUGH JUNE 30 TO PROTECT ANADROMOUS FISH SPECIES, AND A ROYALTY OF $1,200.00 FOR ENCROACHMENT OVER 600 SQUARE FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $2.00 PER SQUARE FOOT FOR THE DISCHARGE DIFFUSER, AND $3,000.00 FOR ENCROACHMENT BENEATH 1,000 LINEAR FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $3.00 PER LINEAR FOOT FOR THE OUTFALL PIPE.

B. CITY OF VIRGINIA BEACH, #17-1174 Requests authorization to hydraulically dredge approximately 440,000 cubic yards of beach quality sand from State-owned submerged bottomlands to a maximum depth of -20 feet mean low water from an area designated as the "Chesapeake Beach Shoal Borrow Area," directly adjacent to the eastern side of the Chesapeake Bay Bridge Tunnel within the Chesapeake Bay. The dredged sand will be hydraulically pumped to Chesapeake Beach in Virginia Beach. Approximately 6,000 linear feet of the existing shoreline between the Joint Expeditionary Base Little Creek/Fort Story to the west and Joyce Avenue to the east will be nourished, with the toe of nourishment occurring a maximum of 390 feet channelward of the existing mean low water mark. Staff recommends approval with the issuance of a five-year permit to cover subsequent dredging and beach nourishment cycles. UNANIMOUSLY APPROVED WITH THE ISSUANCE OF A FIVE-YEAR PERMIT TO COVER SUBSEQUENT DREDGING AND BEACH NOURISHMENT CYCLES.

C. ARMY CORPS OF ENGINEERS and CITY OF VIRGINIA BEACH, #12-0967 Request a permit modification to allow for an annual placement of up to 20,000 cubic yards of hydraulically or mechanically dredged beach quality sand from the Rudee Inlet Federal Sand Trap within the dune profile along the Croatan Beach shoreline, south of Rudee Inlet. UNANIMOUSLY APPROVED THE REQUESTED MODIFICATION.

PAGE 3 ITEMS [audio]

A. SHAWN BURROWS, #16-1831 requests after-the-fact authorization to retain a second private riparian pier measuring 4-foot wide by 36-foot long with a 16-foot by 16-foot T-head on Winders Creek, adjacent to 1050 Hills Bay Drive in Mathews County. Staff recommends approval with triple permit fees and a civil charge of $1,000.00. UNANIMOUSLY APPROVED CONDITIONED UPON THE APPLICANT'S PAYMENT OF A CIVIL CHARGE IN THE AMOUNT OF $1,000.00 AND TRIPLE PERMIT FEES OF $75.00 IN LIEU OF FURTHER ENFORCEMENT ACTION.

B. TIDEWATER TANK TERMINAL, LLC, #17-1357 Requests after-the-fact authorization to retain an 11-foot by 35-foot industrial tending pier and a 10-foot by 35-foot industrial tending pier; and to install a new 3-pile anti chaffing structure along the Southern Branch Elizabeth River at 1400 McCloud Road in the City of Chesapeake. Staff recommends approval with triple permit fees and a civil charge of $3,000.00. UNANIMOUSLY APPROVED CONDITIONED ON THE CONTRACTOR'S PAYMENT OF CIVIL CHARGE OF $3,000.00 IN LIEU OF FURTHER ENFORCEMENT ACTION AND WITH THE ASSESSMENT OF A ROYALTY OF $2,364.00 FOR THE ENCROACHMENT OF THE PIERS OVER 394 SQUARE FEET OF STATE-OWNED SUBMERGED LANDS AT A RATE OF $6.00 PER SQUARE FOOT (TRIPLE THE NORMAL RECOMMENDED ASSESSMENT OF $2.00 PER SQUARE FOOT) AND A TRIPLE PERMIT FEE OF $300.00 AS PROVIDED FOR IN § 28.2-1206(D) OF THE CODE OF VIRGINIA FOR AFTER-THE-FACT PROJECTS.



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