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COMMISSION ACTIONS January 22, 2019

** APPROVAL OF AGENDA. THE COMMISSION APPROVED THE AGENDA AS AMENDED TO REFLECT THE REMOVAL OF ITEM 10 PER THE APPLICANT'S REQUEST. THE VOTE WAS UNANIMOUS. [audio]

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED AS SUBMITTED BY UNANIMOUS VOTE. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION UNANIMOUSLY APPROVED ITEMS 2A AND 2B. ITEM 2C WAS APPROVED UNANIMOUSLY BY SEPARATE MOTION FOLLOWING A BRIEFING BY THE APPLICANT AND THEIR AGENT. [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. DEBRA MELISI, #18-1784 Appeal by 28 freeholders of the December 11, 2018, decision by the Northumberland County Wetlands Board to approve the installation of a 125 linear foot riprap revetment, extending over a jurisdictional beach, adjacent to property situated along the Potomac River, at 145 Riverside Court. THE COMMISSION VOTED UNANIMOUSLY TO UPHOLD THE DECISION OF THE NORTHUMBERLAND COUNTY WETLANDS BOARD. [audio]

6. DERRICK CARPINELLI, #18-1630 Requests authorization to construct approximately 103 linear feet of bulkhead, 10 feet of riprap revetment and 98 linear feet of flexamat stabilization, and install a 48-foot long by 6-foot wide open pile commercial pier with a 10-foot by 80-foot floating dock, along the Southern Branch Elizabeth River at 136 Battlefield Boulevard in the City of Chesapeake. This project requires a tidal wetlands and subaqueous permit. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

7. ELIZABETH PLACE BUILDING COMPANY LLC, #18-0475 Requests authorization to construct an 11-slip community pier, each slip with an uncovered boatlift, and a 230-square foot open-sided gazebo to serve a residential subdivision on the Western Branch Elizabeth River at 1815 Dock Landing Road in the City of Chesapeake. This project requires a tidal wetlands and subaqueous permit. THE PROJECT WAS APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

8. MARK E. WILLIAMS and GWEN WILLIAMS DAVIS, #18-0357 Request authorization to retain an 80-foot long by 4.5-foot wide private, non-riparian pier with a 104-square foot platform and adjacent 61-foot long by 18-foot wide enclosed boathouse, boat lift, and storage area in Healy Creek, emanating from an easement on riparian property belonging to Mr. Edward C. Doyle, Jr., at 1189 Horse Point Road in Middlesex County. Mr. and Mrs. Doyle object to the existing structures. THE COMMISSION VOTED 7 TO 1 TO SUPPORT THE AFTER-THE-FACT REQUEST TO RETAIN THE PIER, STORAGE AREA AND BOATHOUSE CONTINGENT ON THE APPLICANT'S CONSENT TO THE ASSESSMENT OF A $1000 CIVIL CHARGE FOR THE UNAUTHORIZED WORK AND TRIPLE PERMIT FEES. [audio]

9. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, #18-1590 Requests authorization to install two (2) sets of three (3) approximately 150-foot long stone offshore breakwaters and place approximately 1.3 million cubic yards of sandy beach nourishment material landward of the breakwaters along approximately 19,850 feet of shoreline situated along the Atlantic Ocean on and adjacent to Wallops Island. The sandy material will be mined from the north end of Wallops Island, where the original nourishment has accreted due to longshore transport. Both a Coastal Primary Sand Dune/Beach permit and a Submerged Lands permit will be required. THE COMMISSION APPROVED THE PROJECT PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

10. LYNNHAVEN RIVER NOW, Oyster Planting Ground Application #2015-068 Requests authorization to lease approximately 75 acres within the Western Branch Lynnhaven River in the City of Virginia Beach. The application is protested by a City resident/oyster ground leaseholder. The application is also located in an area currently classified as restricted for the direct market harvest of shellfish. THIS ITEM WAS PULLED FROM THE AGENDA PER THE APPLICANT'S REQUEST. []

11. PUBLIC COMMENTS [audio]

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq. "Pertaining to Black Sea Bass," to improve the characterization of requirements necessary for qualifying for a directed commercial fishery permit for the black sea bass fishery. THE COMMISSION UNANIMOUSLY APPROVED THE STAFF RECOMMENDATION TO AMEND SUBSECTION 46. B., SUBDIVISION 46 B.1, AND SECTION 48.1 OF CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS," TO IMPROVE THE CHARACTERIZATION OF DIRECTED AND BYCATCH FISHERY PERMITS FOR THE BLACK SEA BASS FISHERY. [audio]

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to consider the establishment of a February 2019 recreational black sea bass fishery and to modify the recreational black sea bass permitting requirements. The proposed 2019 season extends from May 15 through December 31, but any harvest from a February fishery would lessen the number of fishing days during the May 15 through December 31 period. THE COMMISSION UNANIMOUSLY APPROVED THE STAFF RECOMMENDATION TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS," TO ESTABLISH A FEBRUARY 2019 RECREATIONAL BLACK SEA BASS FISHERY AND MODIFY THE RECREATIONAL BLACK SEA BASS PERMITTING REQUIREMENTS. [audio]

14. REQUEST FOR PUBLIC HEARING Proposal to amend 4 VAC 20-890-10 et seq., "Pertaining to Channeled Whelk," to modify the culling ring diameter measurement of channeled whelk to conform to the minimum length requirement of 5 ½ inches. THE COMMISSION UNANIMOUSLY APPROVED THE STAFF RECOMMENDATION TO ADVERTISE FOR A MARCH PUBLIC HEARING ON AMENDING CHAPTER 4 VAC 20-890-10 ET SEQ., "PERTAINING TO CHANNELED WHELK," TO INCREASE THE CULLING RING SIZE FOR MINIMUM WIDTH. [audio]

15. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-740-10 et seq., "Pertaining to the Snagging of Fish," to include a prohibition on the towing of cobia and striped bass. THE COMMISSION UNANIMOUSLY APPROVED THE STAFF RECOMMENDATION TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-740-10 ET SEQ., "PERTAINING TO THE SNAGGING OF FISH," TO INCLUDE A PROHIBITION ON THE TOWING OF COBIA OR STRIPED BASS. [audio]

16. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to modify the landing dates, possession limits and landing limits for summer flounder commercially harvested offshore (federal waters) and landed in Virginia. THE COMMISSION UNANIMOUSLY APPROVED THE STAFF RECOMMENDATION TO ADVERTISE FOR A FEBRUARY PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-620-10 ET SEQ.,"PERTAINING TO SUMMER FLOUNDER," TO MODIFY THE LANDING DATES, POSSESSION LIMITS AND LANDING LIMITS FOR SUMMER FLOUNDER COMMERCIALLY HARVESTED OFFSHORE IN FEDERAL WATERS AND LANDED IN VIRGINIA. [audio]

PAGE 2 ITEMS [audio]

A. VIRGINIA ELECTRIC AND POWER COMPANY, #18-1495 Requests authorization to replace nine (9) existing transmission line support structures and 1.7 miles of transmission line, requiring 15 aerial crossings of approximately 2,286 linear feet of State-owned subaqueous bottom, eight (8) temporary crossings for construction access involving 235 linear feet of submerged land and 78 square feet of submerged lands for one (1) tower replacement, to facilitate construction of the Line 224 Pamunkey River Rebuild Project in New Kent and King William Counties. Recommend approval with our standard instream work permit conditions and a February 15 through June 30 instream work time-of-year restriction, of any given year, to protect anadromous fishes. Additionally, staff recommends an encroachment royalty of $7,014.00 for the encroachment of the lines across 2,286 linear feet of State-owned subaqueous lands and the tower over 78 square feet of submerged land. APPROVED BY UNANIMOUS VOTE.

B. VIRGINIA ELECTRIC AND POWER COMPANY, #18-1496 Requests authorization to replace seven (7) existing transmission line support structures and 1.3 miles of transmission line, requiring six (6) aerial crossings of approximately 1,473 linear feet of State-owned subaqueous bottom, six (6) temporary crossings for construction access involving 54 linear feet of submerged land and 470 square feet of submerged lands for one (1) tower replacement, to facilitate construction of the Line 224 Mattaponi River Rebuild Project in King William and King and Queen Counties. Recommend approval with our standard instream work permit conditions and a February 15th through June 30th instream work time-of-year restriction, of any given year, to protect anadromous fishes. Additionally, staff recommends an encroachment royalty of $5,359.00 for the encroachment of the lines across 1,473 linear feet of State-owned subaqueous lands and the tower over 470 square feet of submerged land. APPROVED BY UNANIMOUS VOTE.

C. CITY OF NORFOLK, #18-1554 Requests authorization to conduct a community-wide coastal resiliency project involving the Chesterfield Heights and Grandy Village communities, which will impact submerged lands by the construction of earthen berms, riprap revetments and living shorelines extending along 5,500 linear feet of Eastern Branch of the Elizabeth River and Ohio Creek shorelines and extending a maximum of 65 feet channelward of the mean low water, including oyster habitat restoration along the Eastern Branch of the Elizabeth River and a tide gate and pump system within Haynes Creek, in the City of Norfolk. APPROVED BY UNANIMOUS VOTE.



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