COMMISSION ACTIONS July 24, 2018

** APPROVAL OF AGENDA. UNANIMOUSLY APPROVED [audio]

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

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). NONE [audio]

3. CONSENT AGENDA ITEMS. THE COMMISSION UNANIMOUSLY ACCEPTED THE CONSENT AGREEMENT TO PAY TRIPLE PERMIT FEES AND ROYALTIES TOTALING $732.00, IN LIEU OF FURTHER ENFORCEMENT ACTION, BUT DID NOT ASSESS THE RECOMMENDED $1000.00 CIVIL CHARGE RECOMMENDED BY STAFF. [audio]

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

5. FREDERICK COUNTY SANITATION AUTHORITY, #17-1216 Requests authorization to install an eight (8) MGD raw water intake structure in Opequon Creek near Brucetown, associated with the Frederick County Water Supply Project. The project is protested by an adjacent property owner on the creek. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF. [audio]

6. VIRGINIA ELECTRIC AND POWER COMPANY, #18-0353 Requests authorization to cross the Rappahannock River, Flat Run, Mountain Run, Sumerduck Run, Cedar Run, the Rapidan River, and South Anna Creek with a double circuit, 230kV/115kV electric transmission line, suspended between 31 and 73 feet above Ordinary High Water (OHW) and within the existing right-of-way, as part of the Remington to Gordonsville Transmission Project in Fauquier, Culpeper, Orange, and Albemarle Counties. The Rappahannock River crossing is protested by an adjacent property owner on the river UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF. [audio]

7. SUN COMMUNITIES INC. and DELTA MARINE CONSTRUCTION Consideration of appropriate civil charges, or seek civil penalties, for the unauthorized dredging of 100 cubic yards of State-owned subaqueous material along the Chesapeake Bay at 846 Sand Bank Road in Mathews County. THE COMMISSION VOTED UNANIMOUSLY TO ASSESS A $9000.00 CIVIL CHARGE, TO BOTH SUN COMMUNITIES INC. AND TO DELTA MARINE CONSTRUCTION, FOR THE UNAUTHORIZED DREDGING OF 100 CUBIC YARDS OF STATE-OWNED SUBAQUEOUS BOTTOM AT THE NEW POINT RV CAMPGROUND LOCATED ALONG THE CHESAPEAKE BAY AT 846 SAND BANK ROAD IN MATHEWS COUNTY. BOTH PARTIES CONSENTED TO THE COMMISSION'S ASSESSMENT OF CIVIL CHARGES. [audio]

8. SHAWN P. GREEN, Oyster Planting Ground Application #2014-245 Requests authorization to lease approximately 114 acres within the Southwest Branch of the Severn River in Gloucester County. The application is protested by a number of local residents in the area. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF. [audio]

9. PUBLIC COMMENTS [audio]

10. LICENSE STATUS REVIEW: THE COMMISSION HEARD 4 CASES OF LICENSE STATUS REVIEWS. [audio]

11. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to establish the 2018-2019 areas of public harvest, public oyster harvest seasons, and management measures. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR AN AUGUST PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-720-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON OYSTER HARVEST," TO ESTABLISH THE 2018-2019 AREAS OF PUBLIC HARVEST, PUBLIC OYSTER HARVEST SEASONS, AND MANAGEMENT MEASURES. [audio]

12. REQUEST FOR PUBLIC HEARING Proposal to amend Chapters 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass;" 4 VAC 20-280-10 et seq., "Pertaining to Speckled Trout and Red Drum;" 4 VAC 20-320-10 et seq., "Pertaining to the Taking of Black Drum;" Chapter 4 VAC 20-380-10 et seq., "Pertaining to Grey Trout (Weakfish);" 4 VAC 20-500-10 et seq., "Pertaining to Eels," 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia;" 4 VAC 20-540-10 et seq., "Pertaining to Spanish and King Mackerel;" 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder;" 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy);" 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass;" and, 4 VAC 20-960-10 et seq., "Pertaining to Tautog," and to establish Chapter 4 VAC 20-1340-10 et seq., "Pertaining to the Measuring of Finfish," to establish a uniform definition and process for determining the total length of fish species. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR AN AUGUST PUBLIC HEARING TO ADDRESS THE TOTAL LENGTH MEASUREMENTS AND DESCRIPTIONS IN ALL REGULATIONS AND THE ESTABLISHMENT OF A UNIFORM DEFINITION AND PROCESS FOR MEASURING FINFISH. [audio]

PAGE 3 ITEMS [audio]

A. VIRGINIA ELECTRIC AND POWER COMPANY, #18-0770 Requests authorization to retain a 7.2 kV electrical distribution line installed by directional bore method beneath approximately 48 linear feet of Buck Mountain Creek near Allen Farm Lane in Albemarle County. The applicant has agreed to pay a $1,000.00 civil charge and triple permit fees and royalties totaling $732.00 in lieu of further enforcement action. THE COMMISSION UNANIMOUSLY ACCEPTED THE CONSENT AGREEMENT TO PAY TRIPLE PERMIT FEES AND ROYALTIES TOTALING $732.00, IN LIEU OF FURTHER ENFORCEMENT ACTION, BUT DID NOT ASSESS THE RECOMMENDED $1000.00 CIVIL CHARGE RECOMMENDED BY STAFF.