COMMISSION ACTIONS August 28, 2018

** APPROVAL OF AGENDA. UNANIMOUSLY APPROVED AS AMENDED TO INCLUDE THE CONSIDERATION OF AN EMERGENCY AMENDMENT FOR THE CLOSURE OF THE COMMERCIAL COBIA FISHERY. [audio]

1. MINUTES of previous meeting. APPROVED 5-0 WITH ONE ABSTENTION (ASSOCIATE COMMISSIONER FRANCE) [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). UNANIMOUSLY APPROVED ITEMS 2A-2E PER STAFF'S RECOMMENDATION. [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. COLUMBIA GAS OF VIRGINIA, INC., #18-0886 Requests authorization to temporarily impact 1,624 square feet of non-vegetated tidal wetland to expose and perform repair work on an existing 24 inch diameter natural gas transmission line, to temporarily impact vegetated tidal wetlands with the installation of timber matting for access, and to install, by directional bore method, a 2-inch diameter conduit containing one fiber optic line parallel to the existing gas transmission line and a minimum five (5) feet beneath approximately 110 linear feet of Proctors Creek in Chesterfield County. The project requires a subaqueous and wetlands permit. UNDER SEPARATE MOTIONS, THE COMMISSION UNANIMOUSLY APPROVED THE WETLANDS IMPACTS AND SUBAQUEOUS IMPACTS PER STAFF'S RECOMMENDATION. [audio]

6. ASFARI HOMES INC., #18-0998 Requests authorization to impact 40 square feet of a coastal primary sand dune to construct an 8-foot wide riprap stormwater outfall at 831 Little Bay Avenue in the City of Norfolk. The project requires a beach permit and is protested by an adjoining property owner. UNANIMOUSLY APPROVED PER STAFF'S RECOMMENDATION. [audio]

7. ROBERT BUCKANIN, Oyster Planting Ground Application #2015-174 Requests authorization to lease approximately 20 acres within The Thorofare, in York County. The application is protested by a local yacht club. THE APPLICATION WAS DENIED BY UNANIMOUS VOTE. [audio]

8. RODERICK D. HYATT, Oyster Planting Ground Application #2017-090 Requests authorization to lease approximately 83 acres within The Thorofare in York County. The application is protested by a local yacht club and a nearby property owner. THE APPLICATION WAS APPROVED 5-1. ASSOCIATE COMMISSIONER FRANCE VOTED NO. [audio]

9. PUBLIC COMMENTS Ms. Jennifer Withrow came before the Commission requesting the reinstatement of her commercial fisherman registration license. She had previously came before the Commission in October 2017 with the same request and was denied. The Commission denied her request again. [audio]

10. LICENSE STATUS REVIEW: THE COMMISSION HEARD 5 CASES OF LICENSE STATUS REVIEWS. [audio]

11. 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. Compared to the prior season, management measure for the 2018-2019 season may include: 1) adjusting the start and duration of the harvest season on an area basis; 2) changing vessel and individual harvest bushel limits; 3) implementing less efficient gear types, such as patent and hand tongs in certain harvest areas; 4) subdividing the current harvest areas into additional rotation areas; and, 5) in the James River Seed Area, changing seed quota amounts, seed transport permits, and areas open to seed harvest. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADOPT AMENDMENTS TO 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 PROPOSED AMENDMENTS TO THE HARVEST SEASON, AREAS OF PUBLIC HARVEST, AND MANAGEMENT MEASURES ARE THOSE THAT WERE DISTRIBUTED TO SMAC MEMBERS FOLLOWING THE AUGUST 15TH MEETING AND HAVE RECEIVED SUPPORT FROM THE MEMBERS THAT HAVE RESPONDED. STAFF ALSO RECOMMENDS THAT THE JAMES RIVER SEED QUOTA REMAIN AT 120,000 BUSHELS. [audio]

12. 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);" Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks;"4 VAC 20-500-10 et seq., "Pertaining to the Catching of 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 definition of and uniform measurement process for the total length of fish species. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION 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"; 4 VAC 20-380-10 ET SEQ., "PERTAINING TO GREY TROUT (WEAKFISH)"; 4 VAC 20-490-10 ET SEQ., "PERTAINING TO SHARKS"; 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". THIS WILL CREATE CONFORMITY IN TOTAL LENGTH MEASUREMENTS AND DESCRIPTIONS IN ALL REGULATIONS AND ESTABLISH A UNIFORM DEFINITION AND PROCESS FOR MEASURING FINFISH. [audio]

13. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to establish fall 2018 commercial offshore summer flounder fishery management measures. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ADVERTISE FOR A SEPTEMBER PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-620-10 ET SEQ.,"PERTAINING TO SUMMER FLOUNDER," TO ESTABLISH FALL 2018 COMMERCIAL OFFSHORE SUMMER FLOUNDER MANAGEMENT MEASURES. [audio]

14. REQUEST FOR AN EMERGENCY AMENDMENT Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia" to establish a closure of the commercial cobia season. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO CLOSE THE VIRGINIA COMMERCIAL COBIA FISHERY ON SEPTEMBER 30, 2018 AND TO ADVERTISE FOR A PUBLIC HEARING AT THE SEPTEMBER COMMISSION MEETING. [audio]

PAGE 2 ITEMS [audio]

A. WAGMAN HEAVY CIVIL, INC., #18-0669 Requests authorization to conduct geotechnical borings, install a temporary bridge and causeway and construct three (3) new traffic lanes, parallel and adjacent to the I-95 southbound bridge across the Rappahannock River, to provide additional capacity and facilitate construction of the I-95 Southbound Collector Distributor Lanes Project in Spotsylvania and Stafford Counties. Recommend approval contingent on our standard instream permit conditions, a mussel survey and relocation prior to construction and an instream work time-of-year restriction of February 15 to June 30, and August 15 to September 30 of any given year, to protect anadromous fishes and freshwater mussels, unless specifically waived in writing by the Department of Game and Inland Fisheries. Permittee shall execute a transfer of this permit to the Virginia Department of Transportation upon their acceptance of the permitted structures. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.

B. HAMPTON DEPARTMENT OF PUBLIC WORKS, #18-0910 Requests authorization to replace the existing southern salt ponds jetty with a 420-foot long stone jetty with associate warning sign, install a 115-foot long stone jetty spur on the northern jetty, sand tightening along 300 feet of the north side of the north jetty by adding filter fabric and an additional layer of rock, dredge an additional 600 cubic yards from the entrance channel to the salt ponds to increase its width by up to an additional 50 feet at a depth of minus nine (-9) feet mean low water, replace and realign the navigational day beacons for the entrance channel as needed, and maintenance dredge 25,000 cubic yards of State-owned subaqueous material from the Salt Ponds entrance channel and sandtrap for three (3) dredge cycles over the next ten (10) years, along the Chesapeake Bay shoreline in the City of Hampton. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.

C. ZP NO. 332, LLC, #18-1091 Requests authorization to construct 685 linear feet of new bulkhead two (2) feet channelward of an existing deteriorating bulkhead, 410 linear feet of replacement riprap revetment and a 55 linear foot marsh toe sill at 4621 Pretty Lake Avenue, along Little Creek in the City of Norfolk. Staff recommends approval with a royalty in the amount of $2,460.00 for the filling of 820 square feet of State-owned subaqueous bottom at a rate of $3.00 per square foot. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.

D. GRANITE PARSONS/CORMAN, A JOINT VENTURE, #18-0425 Requests authorization to install an additional two (2) lanes to the Interstate 64 High Rise Bridge that crosses Deep Creek and the Southern Branch Elizabeth River by constructing a new fixed-span bridge; and to construct two (2) temporary work trestles, three (3) temporary mooring dolphins, and a new fender pile system within State-owned submerged lands, in Chesapeake. Staff recommends approval with sound attenuation conditions for driving hollow steel piles that include ramp-up procedures, cushion blocks and confined bubble curtain. Additinally, construction activities shall be constructed in accordance with the time-of-year restriction (TOYR) for the Peregrine Falcon (Falco peregrinus). No construction activities shall occur within 600 feet of any active nests from February 15 through July 15 of any year, unless authorized by the Department of Game and Inland Fisheries. Permittee shall also execute a transfer of this permit to the Virginia Department of Transportation upon their acceptance of the structure(s) authorized herein. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.

E. CHESTERFIELD COUNTY ENVIRONMENTAL ENGINEERING, #18-0635 Requests authorization to remove approximately 29,600 cubic yards of accumulated sediments from the Falling Creek stream channel within the Falling Creek Reservoir and to install a temporary cofferdam and a permanent forebay weir as part of the Falling Creek Reservoir Restoration Project in Chesterfield County. UNANIMOUSLY APPROVED AS RECOMMENDED BY STAFF.