COMMISSION ACTIONS February 23, 2016

** APPROVAL OF AGENDA. APPROVED [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 AGENDA ITEMS 2A, 2B, AND 2C PER STAFF RECOMMENDATION [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. ARMY CORPS OF ENGINEERS, #12-0255 Requests authorization for an additional dredge material placement site along the northern shoreline of Port Isobel landward of the existing stone breakwaters for up to 15,000 cubic yards of dredged material, per dredge cycle, from the hydraulic maintenance dredging in the two federal project channels near Tangier Island in Accomack County. The project requires a dune/beach and subaqueous permit. UNANIMOUSLY APPROVED CONDITIONED UPON THE SUBMISSION OF A PLAN ACCEPTABLE TO STAFF AND VIMS TO PROVIDE COMPENSATION FOR IMPACTS TO SUBMERGED AQUATIC VEGETATION AT A MINIMUM RATE OF 1:1. [audio]

6. VIRGINIA ELECTRIC AND POWER COMPANY, #15-1811 Requests authorization to install guy wires and temporary access matting in tidal wetlands for the replacement of two (2) H-frame towers associated with the replacement of existing 115kV transmission lines that cross Bailey Creek and the Western Branch Elizabeth River in Chesapeake. The project requires a wetlands and subaqueous permit. UNANIMOUSLY APPROVED WITH THE ASSESSMENT OF A ROYALTY OF $3.00 PER LINEAR FOOT FOR THE CROSSING OF THE NEW LINE OVER 388 LINEAR FEET OF STATE-OWNED SUBMERGED LAND. [audio]

7. PACK DEVELOPMENT CO., LLC, #15-0771 Requests authorization to mechanically maintenancedredge 3,161 cubic yards of State-owned subaqueous bottom on an annual dredge cycle to attain and maintain depths of minus six (-6) feet mean low water at the Marina at Smithfield Station located along the Pagan River at 415 South Church Street in Isle of Wight County. The project is protested by an adjacent property owner UNANIMOUSLY APPROVED WITH STANDARD DREDGING PERMIT CONDITIONS AND A TIME-OF-YEAR RESTRICTION OF FEBRUARY 15 THROUGH JUNE 15 TO PROTECT ANADROMOUS FISH. [audio]

8. CHARLES PATRICK KELLAR AND DYLAN RYAN KELLAR, #2014-210 Applicants seek to lease approximately 90 acres of planting grounds within Mud Creek in Middlesex County. The application is protested by a nearby property owner. APPROVED 7-1 WITH ASSOCIATE COMMISSIONER FRANCE OPPOSED [audio]

9. GINA LEIGH THAYER, #2014-272 Applicant seeks to lease up to ten (10) acres of planting grounds within Aberdeen Creek in Gloucester County. The application is within waters currently classified as condemned for the direct market harvest of oysters. UNANIMOUSLY DENIED. [audio]

10. PUBLIC COMMENTS THE COMMISSION APPROVED THE STAFF REQUEST. [audio]

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

12. PUBLIC HEARING To make permanent emergency 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 ADOPT 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]

13. PUBLIC HEARING Request to amend Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," to modify commercial possession limits for Large Coastal Sharks and adjust the list of commercially permitted and prohibited sharks. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO REASSIGN BLACKNOSE TO THE LIST OF COMMERCIALLY PROHIBITED SHARKS AND ESTABLISH A POSSESSION LIMIT OF 36 SHARKS FOR THE AGGREGATED LARGE COASTAL AND HAMMERHEAD GROUP ON JANUARY 1 OF ANY YEAR THAT MAY CHANGE THROUGHOUT THE YEAR. [audio]

14. DISCUSSION Staff presentation to provide an update mainly on the recent workshop on Cownose Ray. THE COMMISSION DECIDED TO TAKE NO IMMEDIATE ACTION AT THIS TIME REGARDING THE MANAGEMENT OF COWNOSE RAYS OR COWNOSE RAY BOW FISHING TOURNAMENTS OR EVENTS. THE COMMISSION DECIDED TO RECONSIDER THE SUBJECT IN THE FUTURE. [audio]

15. DISCUSSION Request approval of the 2016 Oyster Replenishment Plan and the associated procurement procedures. THE COMMISSION APPROVED UNANIMOUSLY STAFF RECOMMENDATIONS TO APPROVE THE 2016 OYSTER REPLENISHMENT PLAN AS WELL AS THE ASSOCIATED PROCUREMENT PROCEDURES AND THE EMERGENCY AMENDMENT TO CHAPTER 4 VAC 20-720-10 ET SEQ. COMMISSIONER LYNN KELLUM MADE A MOTION FOR AN EMERGENCY AMENDMENT TO EXTEND THE PATENT TONG SEASON IN DEEP ROCK BY FIVE DAYS. THIS EMERGENCY RESOLUTION WAS OFFERED AT THE REQUEST OF SOME OF THE WATERMEN AS BAD WEATHER WAS IMPACTING THEIR ABILITY TO HARVEST. THE COMMISSION VOTED DOWN THIS EMERGENCY MEASURE. [audio]

16. REQUEST FOR PUBLIC HEARING To establish the commercial smoothound shark quota and filleting at sea provisions and other specifications established by the ASMFC. THE COMMISSION APPROVED UNANIMOUSLY STAFF'S REQUEST FOR A MARCH 2016 PUBLIC HEARING TO ADOPT THE 922,030 POUND COMMERCIAL SMOOTHHOUND QUOTA FOR 2016. [audio]

PAGE 2 ITEMS [audio]

A. TOWN OF CHATHAM, #15-0262 Requests authorization to remove an existing water intake structure and to install a temporary 12-foot by 2-foot water intake structure, install a temporary cofferdam and flume stream bypass system, install a 32 linear foot and a 22 linear foot precast concrete streambank stabilization structure, install a permanent 90-inch long by 24 inch diameter water intake structure extending ten (10) feet channelward of ordinary high water, and dredge up to 125 cubic yards of material to maintain water flow around the temporary water intake structure and remove accumulated debris upstream of the existing dam along Cherrystone Creek near the Chatham Water Treatment Plant 1620 Cherrystone Lake Road in Pittsylvania County. UNANIMOUSLY APPROVED

B. DEPARTMENT OF THE NAVY, #15-1561 Requests authorization to install 170 linear feet of new sheet-pile bulkhead a maximum of three (3) feet channelward of an existing bulkhead, backfill with tremie concrete and install a wooden fender pile system extending 143 feet along the proposed length of the bulkhead adjacent to D Avenue at U.S. Naval Base Norfolk. UNANIMOUSLY APPROVED

C. NEWPORT NEWS DEPARTMENT OF ENGINEERING, #15-1674 Requests authorization to maintenance dredge 18,000 cubic yards of State-owned subaqueous bottom to maintain depths of minus nine (-9) feet mean low water in the access channel from the James River to the Huntington Park Marina at 9285 Warwick Boulevard in the City of Newport News. Staff recommends approval with standard dredging permit conditions and a time-of-year restriction from February 15 through June 15 of any year to protect anadromous fish. UNANIMOUSLY APPROVED WITH STANDARD DREDGING CONDITIONS AND A TIME-OF-YEAR RESTRICTION FROM FEBRUARY 15 TO JUNE 15 OF ANY YEAR TO PROTECT ANADROMOUS FISH.