COMMISSION ACTIONS February 23, 2021

** APPROVAL OF AGENDA. THE COMMISSION APPROVED THE AGENDA BY UNANIMOUS VOTE.

1. MINUTES of previous meeting. THE COMMISSION APPROVED THE MINUTES BY UNANIMOUS VOTE.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION APPROVED ITEMS 2A, 2B AND 2C BY UNANIMOUS VOTE.

3. CONSENT AGENDA ITEMS. NONE

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

5. ROCKY FORGE WIND, LLC, # 21-0091 Requests authorization to repair the Route 622 bridge crossing of Mill Creek, to construct a second bridge crossing of Mill Creek, and to install up to six (6) electric utility lines (circuits) beneath Mill Creek by the directional bore method on Dagger Springs Road between its intersection with Gala Loop Road and North Mountain, as part of the Rocky Forge Wind Project in Botetourt County. THE COMMISSION APPROVED THE PROJECT UNANIMOUSLY CONTINGENT ON STAFF'S RECOMMENDATION.

6. ANGELA CHERRY, #20-1848 Requests authorization to construct 129 linear feet of riprap revetment, sand fill and native wetland plantings adjacent to 4034 Tanglewood Trail along the Elizabeth River in the City of Chesapeake. This project requires a tidal wetlands permit. THE COMMISSION VOTED 6 TO 2 TO ACCEPT STAFF' RECOMMENDATION TO DENY THE PORTION OF THE PROPOSED RIPRAP REVETMENT BETWEEN POINT F AND POINT H ON THE PLAN VIEW DRAWING, AND APPROVAL OF THE REMAINDER OF THE PROJECT. ASSOCIATE COMMISSIONERS ZEDRON AND FRANCE VOTED NAY.

7. PUBLIC COMMENTS Commissioner Bowman found that Mr. Elliott is not eligible for medical exception and he can apply for the two year delayed license to get a CFRL in 2023. No action was taken by the Commission.

8. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-751-10 et seq., "Pertaining to the Setting and Mesh Size of Gill Nets", to modify the dates of unlawful gill net mesh sizes within the restricted areas of the tributaries in the Chesapeake Bay. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-751-10 ET SEQ., "PERTAINING TO THE SETTING AND MESH SIZE OF GILL NETS", TO MODIFY THE DATES OF UNLAWFUL GILL NET MESH SIZES WITHIN THE RESTRICTED AREAS OF THE TRIBUTARIES IN THE CHESAPEAKE BAY.

9. DISCUSSION Request for approval of the 2021 Oyster Replenishment and Restoration Plan (ORP) and the Associated Procurements Procedures. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE 2021 OYSTER REPLENISHMENT AND RESTORATION PLAN. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE 2021 OYSTER REPLENISHMENT AND RESTORATION PROCUREMENT, PURSUANT TO THE LAWS OF THE COMMONWEALTH OF VIRGINIA.

10. DISCUSSION Update on the experimental shrimp fishery for the 2020 fishing year.

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A. CITY OF HAMPTON, #20-1504 Requests authorization to hydraulically dredge approximately 275,000 cubic yards of beach-quality sand from State-owned submerged land to a depth of -30 feet mean low water from Horseshoe Shoals and pump it onto 3,483 linear feet of Buckroe Beach in the City of Hampton. Staff recommends approval of the project with the following permit conditions: submittal of a post-dredging bathymetric survey showing the area was not dredged beyond the permitted depth, a pre-dredging conference held prior to the commencement of dredging, maintenance dredging and beach nourishment may be conducted through the expiration date, the permittee shall not dredge from July 1 through September 15 in order to protect migrating and spawning blue crabs, the permittee shall not dredge either the side slopes surrounding the existing borrow pit areas or within the existing borrow pit areas from December 1 through March 31 to protect the winter buried crabs, all materials shall be pumped through a submerged pipeline laid on the bottom, the route of the pipeline shall be marked with 50-inch circumference buoys spaced at 500-foot intervals, and the pipeline shall be placed in a position directly from the designated small boat channel along the marked route. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

B. MSC LITTLE CREEK LLC, #20-1960 Requests authorization to replace existing marina piers adjacent to 8166 Shore Drive along Little Creek in the City of Norfolk. The applicant is proposing a total encroachment of 28,900 square feet over State-owned submerged lands and a total of 184 boat slips. A previous permit was issued in 1983 for a total of 30,541 square feet of encroachment over State-owned submerged land and a total of 215 boat slips. Staff recommends approval of the project with the following permit conditions: the use of wooden pile cap cushions should impact hammers be needed for the installation of hollow steel pilings, "ramp-up" procedures prior to initiating any pile driving, and the use of a bubble curtain during the installation or removal of hollow steel piles. Royalties were previously paid for the encroachment; therefore, no additional royalties will need to be paid. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

C. DEPARTMENT OF WILDLIFE RESOURCES, #20-2313 Requests authorization to place up to ten (10) barges using spuds and anchor systems from mid-March through mid-September to create up to 65,000 square feet of temporary bird nesting habitat in Hampton Roads at the mouth of the James River adjacent to Fort Wool in the City of Hampton. Recommend approval of the permit for the 2021 nesting season. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.