AGENDA January 26, 2021

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval).

3. CONSENT AGENDA ITEMS.

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL.

5. MOUNTAIN VALLEY PIPELINE, LLC, #20-2125 Requests authorization to install turbidity monitors in multiple streams with drainage areas greater than five (5) square miles, which are considered to be state-owned subaqueous bottomlands of the Commonwealth, to monitor suspended sediment levels instream along the designated pipeline corridor in Giles, Montgomery, Franklin, Roanoke and Pittsylvania Counties.

6. KEVIN OLSEN, #20-1276 Requests authorization to install a 14-foot by 28-foot open-sided boathouse along the Piankatank River on a statutorily exempt private pier along the Piankatank River at 6407 Holly Trail in Gloucester County. The project is protested by an adjacent property owner.

7. CITY OF SALEM, #19-1802 Requests authorization to amend the permit issued to include the installation of a work platform, measuring 27 feet by 45 feet, suspended beneath the Mill Lane Roadway Bridge a minimum of 12 inches above the ordinary high water mark of the Roanoke River to allow access for bridge repair work. The project is protested by an adjacent property owner.

8. VIRGINIA ELECTRIC AND POWER COMPANY, #18-0725 / #20-1666 Requests after-the-fact authorization to retain two (2) temporary construction platforms associated with an existing permit to cross the Rappahannock River with a submarine cable adjacent to the Route 3 Robert O. Norris Bridge between Middlesex and Lancaster Counties that were constructed outside of their permitted locations. The northern platform was constructed 1,160 feet shoreward, and the southern platform was constructed 310 feet shoreward of the locations authorized by permit. Also requesting authorization to disturb up to 3.5 acres of subaqueous bottom by hydraulic jetting method, and installation of turbidity curtains and articulated concrete protective mattresses associated with the over-boarding of the cables at the temporary work platform locations where the cables were spliced together.

9. PUBLIC HEARING Commission consideration for adoption of a Guideline Document Concerning Oyster Planting Grounds Lease Renewal Approval, Lease Renewal Denial, and Commission Hearings for Lease Renewal Denials. This document is proposed for adoption to provide for better transparency for such renewal reviews, denials and hearings, pursuant to the Code of Virginia Chapter 6, Article 2, General Oyster-Planting Grounds, Section 28.2-613.

10. PUBLIC COMMENTS

11. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass", to modify the reporting requirements for the February recreational season and to clarify the size of the degradable panel required on commercial fish pots.

12. 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.

PAGE 2 ITEMS

A. DEPARTMENT OF WILDLIFE RESOURCES, #2018-1899 Requests authorization to install a total of 18 riprap breakwaters (25 feet by 132 feet each) with landward sand nourishment and vegetative plantings, establishing approximately 6,150 linear feet of living shoreline along the Hog Island Wildlife Management Area, situated along the James River in Surry County. Installation will occur in stages designated by work zones, with each work zone surrounded by floating turbidity barriers with weighted skirts extending to the bottom. In addition, all failed gabion structures along the eastern shoreline will be removed prior to construction.

B. CARTERS GROVE ASSOCIATES INC, #20-1934, Requests authorization to install nine (9) 175 linear foot armor stone breakwaters, two (2) 206-linear foot armor stone breakwaters, and a 200-linear foot armor stone breakwater, to create a 4300 linear foot, gapped breakwater system which will be backfilled with 78,000 cubic yards of clean sand fill (90% sand) and ten (10) temporary mooring buoys to anchor construction barges, adjacent to the James River at 8797 Pocahontas Trail at Carters Grove in James City County. Staff recommends a royalty of $7942.20 for the encroachment of the sand fill over 158,844 square feet of State-owned submerged land at a rate of $0.05 per square foot. Staff further recommends a special condition, requiring the Permittee to deploy a turbidity curtain surrounding the breakwater construction between February 15 and June 30 of any year and that, no breakwater structures will encroach into the buffer zone identified by side scan sonar around the historically significant pier alignment, known as "Grove whf."

FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT MANAGEMENT PROJECTS ON THIS AGENDA.