COMMISSION ACTIONS September 29, 2020

** APPROVAL OF AGENDA. THE AGENDA WAS APPROVED BY UNANIMOUS VOTE. [audio]

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

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). ITEM 2A WAS APPROVED AS SUBMITTED BY UNANIMOUS VOTE. [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. PRESENTATION Dr. Bob Orth and Dr. Chris Patrick, Virginia Institute of Marine Science, Annual review of the status of Submerged Aquatic Vegetation. [audio]

6. PRESENTATION Presentation on Virginia's spend plan to distribute CARES Act Fisheries Disaster Relief funding. This spend plan was reviewed and officially approved by the National Oceanic and Atmospheric Administration. [audio]

7. GRAND BAY PROPERTIES, LLC, #20-0808 Commission review of the Accomack County Wetlands Board's August 27, 2020, decision to approve the filling of 20 square feet of vegetated wetlands and 2,397 square feet of non-vegetated wetlands as part of a bulkhead replacement project along Chincoteague Bay on three (3) lots (756, 757 and 758) in the Captain's Cove subdivision. THE COMMISSION VOTED UNANIMOUSLY TO REVERSE THE WETLANDS BOARD DECISION AND DENY THE APPLICANT'S REQUEST TO FILL 20 SQUARE FEET OF VEGETATED WETLANDS AND 2,397 SQUARE FEET OF NON-VEGETATED WETLANDS. [audio]

8. ROBERT HETZELL, #20-1160 Commission review of the Accomack County Wetlands Board's August 27, 2020, decision to approve the filling of 250 square feet of non-vegetated wetlands as part of a bulkhead replacement project along Chincoteague Bay on Lot 765 in the Captain's Cove subdivision. THE COMMISSION VOTED UNANIMOUSLY TO REVERSE THE WETLANDS BOARD DECISION AND DENY THE APPLICANT'S REQUEST TO FILL 250 SQUARE FEET OF NON-VEGETATED WETLANDS. [audio]

9. GIBB HOWELL, #20-0864 Requests authorization to construct a second open-sided boathouse measuring 17-foot wide by 41-foot long at property situated along the Mattaponi River in King William County. The project is protested by both adjacent property owners. THE PROJECT WAS APPROVED AS SUBMITTED BY A VOTE OF 7 TO 1. ASSOCIATE COMMISSIONER EVERETT VOTED NAY. [audio]

10. WILLIAM McDOWELL, #20-0015 Requests authorization to construct a 560 square foot open-sided boathouse and a 140 square foot pier shelter at his property (355 Osprey Point Lane) situated along the Rappahannock River in Essex County. The project is protested by an adjacent property owner. THE PROJECT WAS APPROVED AS SUBMITTED BY A VOTE OF 6 TO 1. ASSOCIATE COMMISSIONER EVERETT VOTED NAY. [audio]

11. BETTINA ESSERT, #20-0462 Requests authorization to construct approximately 614 linear feet of concrete mat and stone sill with 620 cubic yards of sand fill with native wetland plantings and a 14-foot by 80-foot concrete boat ramp adjacent to property (832 St. Lawrence Drive) along the Indian River in the City of Chesapeake. This project requires a tidal wetlands permit and a subaqueous permit. THE PROJECT WAS APPROVED AS SUBMITTED BY A VOTE OF 7 TO 1. ASSOCIATE COMMISSIONER FRANCE VOTED NAY. [audio]

12. VIRGINIA ELECTRIC AND POWER COMPANY, #20-1131 Requests authorization to replace five (5) transmission line support structures located in tidal wetlands, construct a temporary crossing over 400 linear feet of Hodges Creek, and replace a single 115 kV aerial transmission line over approximately 211 linear feet of Hodges Creek in the City of Chesapeake. This project requires a tidal wetlands permit and a subaqueous permit. THE PROJECT WAS APPROVED AS SUBMITTED BY UNANIMOUS VOTE. [audio]

13. OLD DOMINION ELECTRIC COOPERATIVE, #20-1246 Requests authorization to place temporary timber mats over 5,000 square feet of non-vegetated wetlands and 30,400 square feet of vegetated wetlands to perform maintenance work and replace insulators on transmission lines along Chincoteague Road in Accomack County. A wetlands permit is required for use of a State-owned marsh. THE PROJECT WAS APPROVED AS SUBMITTED BY UNANIMOUS VOTE. [audio]

14. JEFFREY and MONICA SCHENEMANN, Oyster Planting Ground Application #2018-022 Request authorization to lease approximately ten (10) acres of oyster planting ground in Wrights Cove, a tributary of the Coan River, in Northumberland County. The project is protested by numerous adjacent and nearby highland property owners. THE PROJECT WAS APPROVED PER STAFF'S RECOMMENDATION BY A VOTE OF 6 TO 1. ASSOCIATE COMMISSIONER TANKARD VOTED NAY. [audio]

15. PUBLIC COMMENTS There were no public comments. [audio]

PAGE 2 ITEMS [audio]

A. HUNTINGTON INGALLS INC-NEWPORT NEWS SHIPBUILDING, #20-1058 Requests authorization to construct approximately 297 linear feet of fender system and three hydraulic gangways along the south side of Pier 5 at Huntington Ingalls-Newport News Shipbuilding along the James River in the City of Newport News. THE PROJECT WAS APPROVED AS SUBMITTED BY UNANIMOUS VOTE.