COMMISSION ACTIONS January 24, 2017

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

1. MINUTES of previous meeting. UNANIMOUSLY APPROVED AS WRITTEN [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, 3B, AND 3C IN ACCORDANCE WITH STAFF RECOMMENDATION. [audio]

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

5. HRIBC, #16-1841 Requests authorization to fill 5,464 square feet of tidal wetlands to construct two (2) culverted road crossings and two (2) stormwater outfalls in jurisdictional wetlands along the Southern Branch Elizabeth River at 5100 Bainbridge Boulevard, in the City of Chesapeake. This project requires a wetlands permit. UNANIMOUSLY APPROVED AS PROPOSED. [audio]

6. JEAN CASE, #16-1320 Requests authorization to install two (2) stone breakwater spurs over 325 square feet of State-owned subaqueous bottom along the East River shoreline at 726 Turpin Lane in Mathews County. The project is protested by an adjacent property owner. THE COMMISSION FIRST UNANIMOUSLY DENIED A REQUEST BY THE OPPOSITION TO POSTPONE CONSIDERATION OF THIS MATTER AND HEARD THE MATTER AS SCHEDULED. THEY SUBSEQUENTLY UNANIMOUSLY APPROVED THE PROJECT AS AS PROPOSED. [audio]

7. CITY OF NORFOLK, #16-0013 Requests authorization to construct 82 linear feet of timber bulkhead, two feet channelward of an existing deteriorating bulkhead; and construct a 500 square foot municipal floating dock and kayak launch, connected by a 40-foot long by 5-foot wide gangway, along Knitting Mill Creek, at 700 W 44th Street, in The City of Norfolk. The project is protested by the adjacent property owner. UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED. [audio]

8. DOMINION VIRGINIA POWER, #16-1152 Requests authorization to cross 40 linear feet of Wilson Creek with a 19.9 kV aerial electrical line with a minimum height of 28 feet above mean high water at a site located downstream of the Cunningham Lane bridge crossing in Gloucester County. The temporary aerial crossing is proposed to facilitate bridge repair work and the line will be moved back to its current location following completion of the bridge work. The project is protested by an adjacent property owner. UNANIMOUSLY APPROVED THE PROJECT AS PROPOSED WITH THE ASSESSMENT OF A ROYALTY OF $120.00 FOR THE ENCROACHMENT OF THE LINE OVER 40 LINEAR FEET OF STATE-OWNED SUBMERGED LAND AT A RATE OF $3.00 PER LINEAR FOOT. . [audio]

9. JOHNNIE TYNES, JR., Oyster Planting Ground Application #2014-123 Requests authorization to lease approximately four (4) acres within the James River in the City of Newport News. The application is protested by an adjacent leaseholder. VOTED 5-2 TO DENY THE LEASE REQUEST. ASSOCIATE COMMISSIONERS FRANCE AND MINOR VOTED AGAINST THE MOTION. [audio]

10. DENNIS PARKER, Oyster Planting Ground Application #2015-153 Requests authorization to lease approximately five (5) acres of oyster planting grounds within the James River in the City of Newport News. The application is protested by an adjacent leaseholder. VOTED 4-3 TO APPROVE THE LEASE REQUEST AS PROPOSED. COMMISSIONER BULL AND ASSOCIATE COMMISSIONERS ERSKIN AND KELLUM VOTED AGAINST THE MOTION. [audio]

11. PUBLIC COMMENTS [audio]

12. OFFENDERS: THE COMMISSION HEARD 3 CASES OF OFFENDERS WITH NATURAL RESOURCE VIOLATIONS. [audio]

13. PUBLIC HEARING To make amendments to Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass", to lower the 2017 Coastal Area Commercial Fishery Striped Bass Quota. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT THE QUOTA FOR 2017 AS 136,141 POUNDS AND APPROVE AMENDMENTS TO CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO LOWER THE 2017 COASTAL AREA COMMERCIAL FISHERY STRIPED BASS QUOTA. [audio]

14. REQUEST FOR PUBLIC HEARING To make 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 UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING TO CONSIDER 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. [audio]

15. REQUEST FOR PUBLIC HEARING To make amendments to Chapter 4 VAC 20-620-10 et seq."Pertaining to Summer Flounder," to modify minimum size limits and possession limits for summer flounder recreationally harvested in Virginia waters. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING THAT WOULD ESTABLISH THE 2017 RECREATIONAL MANAGEMENT MEASURES FOR SUMMER FLOUNDER. [audio]

16. REQUEST FOR PUBLIC HEARING To make 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. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A MARCH PUBLIC HEARING TO DECIDE THE 2017 MANAGEMENT MEASURES, FOR THE BLACK SEA BASS COMMERCIAL AND RECREATIONAL FISHERIES. [audio]

17. DISCUSSION Request for approval of the 2017 Oyster Replenishment Plan and associated procurement procedures. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO APPROVE THE 2017 OYSTER REPLENISHMENT PLAN AS WELL AS THE ASSOCIATED PROCUREMENT PROCEDURES. [audio]

18. DISCUSSION Reconfiguration of the Rappahannock River Rotation Area Maps to establish a transit area for vessels traveling with hand scrapes or dredges. THE COMMISSION HEARD AND UNANIMOUSLY AGREED WITH THE NEW MAP THAT ESTABLISHES A TRANSIT AREA FOR VESSELS TRAVELING WITH HAND SCRAPES OR DREDGES IN THE RAPPAHANNOCK RIVER. [audio]

PAGE 2 ITEMS [audio]

A. TYCO ELECTRONICS SUBSEA COMMUNICATIONS LLC, #16-1869 Requests authorization to install two (2) five-inch fiber optic telecommunications conduits within the Atlantic Ocean, directly adjacent to 920 Vanderbilt Avenue (Croatan Beach Municipal Parking Lot) in Virginia Beach within an approximate 180 meter corridor. The two conduits will be installed by horizontally directionally drilling under the beach and extend to a distance approximately 0.5 nautical miles offshore. The conduits will remain vacant with the intent of providing infrastructure for the future landing of undersea fiber optic telecommunications cables. Staff recommends approval with a royalty of $18,228.00 for the crossing of 6,076 linear feet of State-owned submerged bottomlands at $3.00 per linear foot. UNANIMOUSLY APPROVED THE PROJECT WITH A ROYALTY OF $18,228.00 FOR THE CROSSING OF 6,076 LINEAR FEET OF STATE-OWNED SUBMERGED BOTTOMLANDS AT $3.00 PER LINEAR FOOT.

B. ALEXANDRIA DEPARTMENT OF TRANSPORTATION AND ENVIRONMENTAL SERVICES, #16-1420 Requests authorization to mechanically maintenance dredge a maximum of 50,000 cubic yards of accumulated sediments, on an annual basis, from five (5) flood control channels; Cameron Run, Holmes Run, Backlick Run, Hooffs Run and Four Mile Run, to return them to their original design configurations, in the City of Alexandria. Staff recommends approval with a time-of-year restriction from February 15 through June 30 for the dredging in Cameron Run and Four Mile Run, to protect anadromous fish species. UNANIMOUSLY APPROVED WITH A TIME-OF-YEAR RESTRICTION FROM FEBRUARY 15 THROUGH JUNE 30 FOR THE DREDGING IN CAMERON RUN AND FOUR MILE RUN, TO PROTECT ANADROMOUS FISH SPECIES.

C. LYON SHIPYARD, #16-0368 Requests authorization to construct a 380-foot by 124-foot dry dock structure, two (2) mooring dolphins, and a 12-foot by 120-foot access ramp; and to mechanically dredge 81,400 cubic yards of sediment to achieve depths of -42 mean low water (MLW) with future five-year maintenance dredge cycles of 15,000 cubic yards in the Eastern Branch of the Elizabeth River adjacent to the Lyon Shipyard facility at 1818 Brown Avenue in the City of Norfolk. Non-contaminated soils from dredging will be barged to the Craney Island Rehandling Basin and contaminated soils will be barged to a transfer site and disposed of at an approved location. Staff recommends approval of the project as proposed with special conditions to protect anadromous fish species and sound attenuation during pile driving to include: a time-of-year restriction for any pile driving from February 15 to June 30 of any year, the use of wooden pile cap cushions for impact hammer pile driving, and the use of a bubble curtain during pile driving. Staff recommends a royalty of $36,630.00 for the 81,400 cubic yards of new dredging. UNANIMOUSLY APPROVED THE PROJECT WITH SPECIAL CONDITIONS TO PROTECT ANADROMOUS FISH SPECIES AND SOUND ATTENUATION DURING PILE DRIVING TO INCLUDE: A TIME-OF-YEAR RESTRICTION FOR ANY PILE DRIVING FROM FEBRUARY 15 TO JUNE 30 OF ANY YEAR, THE USE OF WOODEN PILE CAP CUSHIONS FOR IMPACT HAMMER PILE DRIVING, AND THE USE OF A BUBBLE CURTAIN DURING PILE DRIVING AND WITH THE ASSESSMENT OF A ROYALTY OF $36,630.00 FOR THE 81,400 CUBIC YARDS OF NEW DREDGING.

PAGE 3 ITEMS [audio]

A. BLAND ENTERPRISES, #15-0643 Requests after-the-fact authorization to retain a private, non-commercial 33-foot by 34-foot (1,122 square feet) open-sided, dual-slip boathouse with two (2) lifts and associated catwalks, at the channelward end of an existing pier, adjacent to riparian property situated along the Chickahominy River at 4031 S/ Riverside Drive in James City County. The contractor has agreed to pay a civil charge of $1,000.00 I lieu of further enforcement action. Staff recommends approval contingent on the acceptance of the aforementioned civil charge and triple permit fee of $300.00. UNANIMOUSLY APPROVED CONTINGENT ON THE ACCEPTANCE OF A CIVIL CHARGE IN THE AMOUNT OF $1000.00 AND A TRIPLE PERMIT FEE OF $300.00.

B. SALT GROVE L.C., #16-1562 Requests after-the-fact authorization to retain a 40-foot long by 10-foot wide floating platform, a 20-foot long by 4-foot wide gangway that leads to the floating platform and a 20-foot long by 10-foot wide section of an area the has been bulkhead and backfilled. The after-the-fact project is situated along Eyrehall Creek which is a tributary to Cherrystone Creek and adjacent to Salt Grove Landing in Northampton County. The applicant has agreed to pay a civil charge of $10,000.00, in lieu of further enforcement action. Staff recommends approval contingent on the acceptance of the aforementioned civil charge, triple royalties of $3,757.50 and triple permit fee of $75.00. UNANIMOUSLY APPROVED CONTINGENT ON THE ACCEPTANCE OF A $10,000 CIVIL CHARGE, TRIPLE ROYALTIES OF $3,757.50 AND TRIPLE PERMIT FEE OF $75.00.

C. FEREBEE COVE CONDOMINIUM CORP., #16-0728 Requests authorization to construct a 5-foot wide by 16-foot long finger pier and install one (1) uncovered boat lift; and after-the-fact authorization to retain a 5-foot wide by 16-foot long finger pier and one (1) uncovered boat lift installed without Commission authorization, all part of the existing multi-user condominium pier adjacent to 1627 Godfrey Lane, situated along Ferebee Cove in Virginia Beach. The contractor has agreed to pay a civil charge of $1,000.00 in lieu of further enforcement action. Staff recommends approval contingent on the acceptance of the aforementioned civil charge, a triple permit fee of $300.00, and a royalty of $480.00 for the encroachment of the proposed finger pier and the triple royalty for the installed finger pier. UNANIMOUSLY APPROVED CONTINGENT UPON THE CONTRACTOR PAYMENT OF A $1000 CIVIL CHARGE AND WITH A A TRIPLE PERMIT FEE OF $300.00, AND A ROYALTY OF $480.00 FOR THE ENCROACHMENT OF THE PROPOSED FINGER PIER AND THE TRIPLE ROYALTY FOR THE INSTALLED FINGER PIER.