AGENDA March 23, 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. LICENSE STATUS REVIEW

6. PUBLIC HEARING Commission reconsideration for adoption of a Guideline Document: Oyster Planting Grounds Lease Renewal Approval, Lease Renewal Denial, and Commission Hearing Procedure for Lease Renewal Denial. 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, §28.2-613.

7. BCG ENTERPRISE, LLC, #20-2184 Requests authorization to armor an existing 280-foot timber jetty and to extend an existing timber jetty, approximately 145 feet with armor stone at the mouth of Fox Creek along the York River in Gloucester County. The project is protested by an adjacent property owner.

8. TERRY WINDSOR, #20-2052 Requests authorization to construct 460 linear feet of riprap revetment adjacent to 14255 Barn Woods Road along Pungoteague Creek in Accomack County. This application requires a dune and beach permit.

9. PUBLIC COMMENTS

10. PUBLIC HEARING Proposal to establish Chapters 4 VAC 20-1370-10 et seq., "Pertaining to Atlantic Croaker" and 4 VAC 20-1380-10 et seq., "Pertaining to Spot", to implement a commercial season, a 50-fish recreational bag limit, and an additional live bait allowance for charter/for-hire captains for both Atlantic croaker and spot.

11. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-380-10 et seq., "Pertaining to Grey Trout (Weakfish)", to clarify existing language relevant to commercial and recreational fisheries.

PAGE 2 ITEMS

A. ARMY CORPS OF ENGINEERS, #21-0202 Requests authorization to expand an existing artificial oyster reef, to meet the Piankatank River oyster restoration goal per the 2025 Chesapeake Bay Watershed Agreement, by placing Class A1 riprap, with a thickness of 12 to 18 inches, on approximately 53 acres of State-owned subaqueous bottom in the Piankatank River approximately 4,000 feet south of Stove Point in Middlesex County and 3,400 feet north of the Mathews County shoreline.

B. CARTERS GROVE ASSOCIATES LLC, #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 4,300 linear foot, gapped breakwater system, which will be backfilled with 62,000 cubic yards of clean sand fill (90% sand) and ten (10) temporary mooring buoys to anchor construction barges. Additional work includes construction of a 588-foot long by 6-foot wide private, noncommercial pier and a 1,200 square foot, open-sided boathouse, adjacent to the James River at 8797 Pocahontas Trail in James City County. Staff recommends a royalty of $7,942.20 for the sand fill encroachment over 158,844 square feet of State-owned submerged lands at a rate of $0.05 per square foot, and that the Permittee adhere to the following special conditions: 1. The Permittee will deploy a turbidity curtain around the work area from February 15 through June 30 and August 1 through November 15 of any year, to protect anadromous fish and the Atlantic Sturgeon. A vibratory hammer may be used to drive any pilings or, alternatively, an impact hammer, provided a 20-minute ramp-up procedure be employed before delivering full impact; 2. No breakwater structures may encroach into the buffer zone identified by the Department of Historic Resources around the historically significant pier alignment known as "Grove whf;" 3. The permit shall not be issued until written concurrence is provided from the affected leaseholders.

C. HAMPTON ROADS SANITATION DISTRICT (HRSD), #21-0289 Requests authorization to conduct 32 geotechnical borings below the James River bottom, via auger and push method, along a proposed sanitary pipeline crossing from a future pump station in the City of Newport News to the existing HRSD Nansemond treatment plant in the City of Suffolk. Borings will be to a depth of 25 feet (22 total) and to a depth of 105 (ten total) below the James River bottom. Staff recommends approval with the following special permit condition: 1. Upon completion and analysis of the borings, the applicant agrees to share the findings with the Commission for the purpose of identifying any existing shellfish beds, which will be considered during the project review of the sanitary pipeline.

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