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COMMISSION ACTIONS June 19, 2018

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

1. MINUTES of previous meeting. UNANIMOUSLY APPROVED THE MINUTES OF THE MAY 22, 2018, HEARING. THE MINUTES OF THE SPECIAL MEETING HELD ON JUNE 7, 2018, WERE APPROVED BY CONSENT. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). UNANIMOUSLY APPROVED ITEMS 2A & 2B AS RECOMMENDED BY STAFF. [audio]

3. CONSENT AGENDA ITEMS. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF. [audio]

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. THE COMMISSION HELD A CLOSED SESSION PERTAINING TO MATTERS TO BE DISCUSSED WITH COUNSEL. [audio]

5. JOHN COUGILL, #17-0356 Requests authorization to construct a 41-foot long by 19-foot wide (779 square feet) open-sided, private, riparian boathouse at a proposed new, private, riparian pier adjacent to his property on Sturgeon Creek at 191 Sturgeon Point Loop in Middlesex County. The project is protested by multiple nearby residents. UNANIMOUSLY APPROVED THE PROJECT AS RECOMMENDED BY STAFF. [audio]

6. DEBORAH J. SUSKI, ET AL, #17-1275 Requests authorization to construct an 80-foot long near-shore quarry stone breakwater, with associated clean sand beach nourishment and vegetative plantings, at the mouth of Tabbs Creek in the Dungeon Thicket subdivision in Lancaster County. The project is protested by the adjacent property owners and several nearby residents UNANIMOUSLY APPROVED THE PROJECT AS RECOMMENDED BY STAFF. [audio]

7. RICHARD J. MURRAY, IV, #18-0304 Requests authorization to anchor up to 20 8-foot by 4-foot oyster aquaculture floats within a 120-foot by 10-foot area on his oyster ground lease (Plat File #20832) in Occohannock Creek in Accomack County. The project is protested by nearby property owners. UNANIMOUSLY APPROVED THE PROJECT AS RECOMMENDED BY STAFF. [audio]

8. DAVID JOHNSON, Oyster Planting Ground Application #2014-261 Requests authorization to lease approximately 30 acres within Hampton Roads in the City of Hampton. The application is protested by the City of Hampton. The area is also within waters classified as restricted for shellfish harvest. THE COMMISSION VOTED UNANIMOUSLY TO ACCEPT STAFF'S RECOMMENDATION TO DENY THE REQUESTED APPLICATION. [audio]

9. DAVID JOHNSON, Oyster Planting Ground Application #2014-262 Requests authorization to lease approximately 200 acres within Hampton River in the City of Hampton. The- application is protested by the City of Hampton and the Downtown Hampton Development Partnership. The area is also within waters classified as restricted for shellfish harvest. THE COMMISSION VOTED UNANIMOUSLY TO ACCEPT STAFF'S RECOMMENDATION TO DENY THE REQUESTED APPLICATION. [audio]

10. PUBLIC COMMENTS Mr. Andrew Button, Department Head of Conservation and Replenishment, informed the Commission that a budget amendment was passed by the General assembly, increasing oyster replenishment and restoration funds by $750,000 in fiscal year 2018/2019 and $1,000,000 in fiscal year 2019/2020. These additional funds will be split evenly between replenishment and restoration work. [audio]

11. LICENSE STATUS REVIEW: THE COMMISSION HEARD 3 CASES OF LICENSE STATUS REVIEWS. [audio]

12. PUBLIC HEARING Proposal to amend Chapters 4 VAC 20-240-10 et seq., "Pertaining to Tangier Island Crab Scrape Sanctuary;" 4 VAC 20-270-10 et seq., and "Pertaining to Crabbing;" and Chapter 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters." THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT AMENDMENTS TO THE FOLLOWING REGULATIONS: 1) CHAPTER 4 VAC 20-1140-10 ET SEQ., "PROHIBITION OF CRAB DREDGING IN VIRGINIA WATERS," STAFF RECOMMENDS THE COMMISSION ESTABLISH A PROHIBITION OF A CRAB DREDGE SEASON DURING THE DECEMBER 1, 2018 THROUGH MARCH 31, 2019 PERIOD. 2) CHAPTER 4 VAC 20-270-10 ET SEQ.,"PERTAINING TO CRABBING," FOR ALL RELEVANT SECTIONS OF THIS REGULATION, STAFF RECOMMENDS THE COMMISSION ADOPT A JULY 5, 2018 THROUGH JULY 4, 2019 MANAGEMENT FRAMEWORK PERIOD TO REPLACE THE CURRENT JULY 5, 2017 THROUGH JULY 4, 2018 FRAMEWORK MANAGEMENT PERIOD. 3) 4 VAC 20-240-10 ET SEQ., "PERTAINING TO TANGIER ISLAND CRAB SCRAPE SANCTUARY," STAFF RECOMMENDS THE COMMISSION ESTABLISH A SEASONAL BY-CATCH ALLOWANCE OF FEMALE HARD CRABS, NOT TO EXCEED 3 BUSHELS PER DAY, FOR CRAB SCRAPE LICENSEES DURING THE MONTHS OF AUGUST THROUGH OCTOBER. [audio]

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish," to establish the 2018 Virginia commercial bluefish quota. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-450-10 ET SEQ., "PERTAINING TO THE TAKING OF BLUEFISH," TO ESTABLISH THE 2018 COMMERCIAL BLUEFISH QUOTA AS 860,518 POUNDS. [audio]

PAGE 2 ITEMS [audio]

A. VIRGINIA ELECTRIC AND POWER COMPANY, #18-0019 Requests a permit modification to install temporary wooden bridges across an additional three (3) tidal streams to facilitate repairs to the foundations of six (6) transmission line support structures (Lines 85 & 2016, structures 68-73) located approximately 500 feet upstream (northwest) of the Eltham Bridge crossing of the Eltham Marsh Thorofare and the Pamunkey River in New Kent County. Recommend approval with our standard instream work permit conditions. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.

B. VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES, #18-0222 Requests authorization remove an aging 60-inch diameter water line and to install, by the open-cut method, a 60-inch diameter ductile iron raw water transmission line, a minimum of five (5) feet beneath a 100-foot wide section of the Meherrin River, with associated concrete thrust blocks and riprap stabilization, within their existing easement in Brunswick County. Staff recommends approval contingent on the use of cofferdams for all instream work, and time-of-year restrictions from April 15 through July 31 and August 15 through September 30 of any year to protect the State-threatened Atlantic Pigtoes and Green Floaters. We further recommend the permittee perform a mussel survey and relocation in coordination with the Department of Game and Inland Fisheries prior to any instream work. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.

PAGE 3 ITEMS [audio]

A. DAN MURDOCK, #13-0804 Requests after-the-fact authorization to retain a 180 linear foot riprap sill with a maximum ten-foot base width, a maximum height of six (6) feet above the creek bottom and associated backfill, and planting of a 5,400 square foot area landward of the sill with clean sand fill, adjacent to property situated along Popes Creek at 1534 Popes Creek Road in Westmoreland County. The applicant has agreed to pay a $1,000.00 civil charge and a royalty of $270.00 in lieu of further enforcement action. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.



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