TENTATIVE AGENDA May 25, 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. PUBLIC HEARING Update of the Commission's Tidal Wetlands Guidelines developed pursuant to requirements of the 2011 and 2020 living shorelines legislation and §28.2-104.1 of the Code of Virginia.

6. TERRY WINDSOR, #20-2052 Requests authorization to construct 185 linear feet of riprap revetment, 334 linear feet of sill, 26 linear feet of marsh toe sill, and place sand fill with native vegetation adjacent to 14255 Barn Woods Road along Pungoteague Creek in Accomack County. This application was continued from the March 2021 Commission meeting and requires a dune and beach permit.

7. LITTLE WICOMICO OYSTER COMPANY, LLC, #20-1040 Requests authorization to place up to 511 floating shellfish aquaculture cages over the applicant's oyster planting ground within the Little Wicomico River in Northumberland County. The request is protested by a number of nearby property owners. The Virginia Department of Transportation (VDOT) has also expressed concerns about the close proximity of the proposal to the small car ferry operated by VDOT at this location.

8. RAPPAHANNOCK RIVER OYSTERS, LLC, #20-1239 Requests authorization to install two (2) modules containing 150 floating oyster cages, each module within a 315 foot by 145 foot moored installation area, both modules covering up to 91,350 square feet of State-owned subaqueous bottomlands, within the boundaries of the applicant's oyster planting ground lease #22490 in the Rappahannock River northeast of Parrott Island in Middlesex County. The request is protested by a nearby property owner.

9. JOANIE BEATLEY, Oyster Planting Ground Application #2017-005, Requests authorization to lease approximately 13 acres of State-owned subaqueous bottomlands within the Severn River, Northwest Branch in Gloucester County. The application is protested by a nearby property owner.

10. JOHN M. DeMARIA, JR., Oyster Planting Ground Transfer Applications #2020-617 and #2020-623 Requests authorization to transfer oyster ground lease #22628, 167.90 acres and lease #22625 containing 177.14 acres respectively within the Warwick River and the James River in the City of Newport News and Isle of Wight County. Both transfer applications are protested by nearby highland property owners.

11. PUBLIC COMMENTS

12. PUBLIC HEARING Proposal to amend Chapter 4VAC20-620-10 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.

13. DISCUSSION Presentation of 2020-2021 Blue Crab Winter Dredge Survey results and information pertaining to Virginia's blue crab fisheries.

PAGE 2 ITEMS

A. CITY OF VIRGINIA BEACH, #20-2310 requests authorization to nourish Cape Henry Beach with beach-quality sand dredged from the Thimble Shoals Federal Navigation Channel. Approximately 331,300 cubic yards of sand will be hydraulically pumped onto the existing shoreline to widen the beach located between the Lesner Bridge and First Landing State Park, situated along the Chesapeake Bay in the City of Virginia Beach. Staff recommends approval with a time-of-year restriction precluding nourishment activities from May 1 through November 15 to prevent impacts to possible sea turtle nesting sites, however, the City would be allowed to nourish during this time frame provided they coordinate with the Department of Wildlife Resources and follow sea turtle nest protection measures including having qualified inspectors monitor the beach daily in the area of ongoing nourishment. Furthermore, staff recommends approval with a time-of-year restriction precluding nourishment activities from September 1 through October 31 to avoid conflicts with annual beach haul seine fishing operations.

B. CITY OF ROANOKE, #21-0205 Requests authorization to replace the Main Street / US Route 221 Bridge and install a temporary work causeway adjacent to the proposed new bridge over the Roanoke River in the City of Roanoke. Staff recommends approval of the project with the standard instream conditions with a special permit condition for a time-of-year restriction for instream work from March 15 through June 30 of any year to protect endangered finfish species, unless specifically waived in writing by the Department of Wildlife Resources.

C. CITY OF NORFOLK, #20-2232 Requests authorization to hydraulically pump 393,000 cubic yards of sand from Thimble Shoals Channel to four (4) reaches of Ocean View Beach totaling 14,400 linear feet along the Chesapeake Bay in the City of Norfolk. Staff recommends approval of the project with a time-of-year restriction from May 1 through November 15 to prevent impacts to possible sea turtle nesting sites, however, the City would be allowed to nourish during this time frame provided they coordinate with the Department of Wildlife Resources and follow sea turtle nest protection measures including having qualified inspectors monitor the beach daily in the area of ongoing nourishment.

D. BRG LITTLE CREEK, LLC, #21-0060 Requests authorization to construct 465 linear feet of bulkhead no more than two (2) feet channelward of existing, failing bulkhead adjacent to Cutty Sark Marina (4707 Pretty Lake Avenue) along Little Creek in the City of Norfolk. Staff recommends approval of the project with a royalty of $2,874.00 for the fill of 958 square feet of State-owned submerged land at a rate of $3.00 per square foot.

E. HUNTINGTON INGALLS INC. – NEWPORT NEWS SHIPBUILDING, #21-0461 Requests authorization to construct a 225 linear-foot steel, double-walled cofferdam in front of existing concrete apron, seal abandoned flood tunnels and extend storm drain outfalls. Additionally, they request authorization to install a fender and mooring system to support waterfront operations at Newport News Shipbuilding, Dry Dock #3, along the James River in the City of Newport News.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE MICHELE GUILFORD (757-247-2206) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

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