AGENDA August 24, 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. ELAINE McNURE, #21-0895 Commission review of the Accomack County Wetlands Board's June 24, 2021, decision to approve the filling of 100 square feet of non-vegetated wetlands as part of a bulkhead replacement project along Chincoteague Bay on Lot #5A1-1-765 on Seaview Street in the Captain's Cove subdivision in Accomack County.
7. FISHING BAY YACHT CLUB, #21-0769 Requests authorization to remove and replace an existing fixed marina pier ("Middle Dock") with a new, 312-foot long, 32-slip floating pier and finger piers, and dredge 112 cubic yards of material to gain minus seven (-7) feet mean low water at the base of the new pier on Jackson Creek at the Fishing Bay Yacht Club located at 1529 Fishing Bay Road in Middlesex County. The project is protested by an adjacent property owner.
8. JOINT BASE LANGLEY-EUSTIS, #21-0924 Requests authorization to install, up to 12 times per year, a 24-foot wide, temporary causeway extending 1,280-feet channelward of mean low water and to excavate 74 cubic yards of jurisdictional beach, to facilitate the temporary causeway installation, as part of military training exercises along the James River at the Anzio Beach area of Joint Base Langley-Eustis in the City of Newport News. This requires a dune and beach permit from the Commission.
9. VIRGINIA ELECTRIC AND POWER COMPANY, #21-1514 Requests authorization to rebuild overhead transmission Line 74 from the Chesapeake Energy Center to the Great Bridge area in the City of Chesapeake within the existing right-of-way and involving impacts to tidal wetlands and crossing Deep Creek, New Mill Creek and the Intracoastal Waterway on the Southern Branch of the Elizabeth River. Permanent impacts to tidal wetlands are to be compensated at the New Mill Tidal Mitigation Bank in the City of Chesapeake. Both tidal wetlands and subaqueous bed permits are required.
10. CARROLL CHADWICH BALLARD, III, Oyster Planting Ground Application #2017-051 Requests authorization to lease approximately 250 acres within Cobb Bay in Northampton County. The request is protested by two (2) local watermen who contend that the area is used for public shellfish harvest and should not be leased.
11. THOMAS NEAL HOAR, II, Oyster Planting Ground Application #2019-032 Requests authorization to lease approximately 18 acres within Belmont Creek in Lancaster County. The request is protested by petition of ten (10) local highland property owners along the creek who contend the creek bottom is soft mud and concerns if bottom cages are placed in such a shallow waterbody.
12. LYNNHAVEN OYSTER COMPANY, LLC, Oyster Planting Ground Lease #19157 Within Broad Bay in the City of Virginia Beach, requests, pursuant to VMRC Regulation 4VAC20-1350-10 et.seq., a hearing to appeal staff's decision to deny the renewal of their lease at the end of their ten-year lease period of July 26, 2021. The staff lease renewal denial is based upon criteria contained within the Guideline Document: Oyster Planting Grounds Lease Renewal Approval, Lease Renewal Denial, and Commission Hearing Procedure for Lease Renewal Denial previously adopted by the Commission.
13. PUBLIC COMMENTS
14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" and Chapter 4 VAC 20-1250-10 et seq., "Pertaining to the Tagging of Shellfish" to establish the 2020-2021 areas of public harvest, public oyster harvest seasons, oyster resource conservation measures and to clarify when shellfish must be tagged by a certified dealer.
15. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to establish fall 2021 commercial offshore summer flounder fishery management measures and to prohibit transfer of summer flounder between vessels at sea in accordance with interstate and federal regulations.
PAGE 3 ITEMS
A. CHAN PARK, #19-1076 Requests authorization to retain 80 linear feet of riprap sill with 300 cubic yards of sand fill and wetland plantings at property (132 Wynne Road) located along Boathouse Creek in York County. Recommend approval with triple permit fees and a civil charge of $2,000.00, which the contractor has agreed to pay.
B. DENNIS PEARCE, #21-1077 Requests authorization to retain 175 linear feet of oyster and riprap sill, extending a maximum of 27 feet channelward of the mean low water mark with 30 cubic yards of sand fill and native wetland plantings adjacent to 602 Wildely Road along the Chisman Creek in York County. Recommend approval with triple permit fees and a civil charge of $2,000.00, which the applicant has agreed to pay.
FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT MANAGEMENT PROJECTS ON THIS AGENDA.
