COMMISSION ACTIONS April 27, 2021

** APPROVAL OF AGENDA. THE AGENDA WAS APPROVED AS PRESENTED BY UNANIMOUS VOTE.

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED AS CORRECTED, TO REFLECT ASSOCIATE COMMISSIONER BALLARD'S ATTENDANCE AT THE MARCH 2021 MEETING, BY UNANIMOUS VOTE.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). ITEMS 2A - 2C WERE APPROVED AS PRESENTED BY UNANIMOUS VOTE.

3. CONSENT AGENDA ITEMS. NONE

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

5. LICENSE STATUS REVIEW: THE COMMISSION HEARD 4 CASES OF LICENSE STATUS REVIEWS.

6. VIRGINIA ELECTRIC AND POWER COMPANY, #20-2348 Requests authorization to install stormwater management pond outfall pipes and concrete outfall protection structures in four (4) locations, impacting both tidal freshwater wetlands and State-owned submerged lands of the James River, as part of the Chesterfield Power Station Coal Combustion Residuals (CCR) Closure by Removal Project, in Chesterfield County. The project requires a tidal wetlands and subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT PER STAFF'S RECOMMENDATION.

7. BILLY WHARTON, Oyster Planting Ground Application #2017-034 Requests authorization to lease approximately 40 acres of oyster planting ground in Horse Marsh in the Chincoteague area of Accomack County. The application is protested by principals of Tom's Cove Park. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE REQUESTED LEASE.

8. THOMAS H. JAMES, III, Oyster Planting Ground Application #2019-025 Requests authorization to lease approximately 0.30 acres of oyster planting ground in Nassawadox Creek in Northampton County. The application is protested by an adjacent leaseholder. THE COMMISSION VOTED 6 TO 0 WITH ONE ABSTENTION TO APPROVE THE REQUESTED LEASE. ASSOCIATE COMMISSIONER LUSK ABSTAINED.

9. WILLIAM MALACHI STEVENS, Oyster Planting Ground Application #2017-152 Requests authorization to lease approximately 15 acres of oyster planting ground in Whitehouse Creek in Lancaster County. The application is protested by five (5) nearby property owners. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE REQUESTED LEASE.

10. REQUEST FOR PUBLIC HEARING Proposed update of the Commission's Wetlands Guidelines developed pursuant to requirements of the 2011 and 2020 living shorelines legislation and §28.2-104.1 of the Code of Virginia. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF'S RECOMMENDATION TO ADVERTISE THE COMMISSION'S DRAFT WETLANDS GUIDELINES UPDATE FOR PUBLIC HEARING AT EITHER ITS MAY 25, 2021, OR JUNE 22, 2021, MONTHLY MEETING.

11. PUBLIC COMMENTS Commissioner Bowman advised Mr. Elder and Mr. Wazlak to present their request to the Finfish Management Advisory Committee.

12. PUBLIC HEARING Proposal to amend Chapter 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass," to establish the 2021 recreational fishery management measures. The 2021 recreational black sea bass fishing season will extend from May 15 through May 31 and June 16 through December 31, 2021. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS," TO ESTABLISH THE 2021 RECREATIONAL FISHERY MANAGEMENT MEASURES. THE 2021 RECREATIONAL BLACK SEA BASS FISHING SEASON WILL EXTEND FROM MAY 15 THROUGH MAY 31 AND JUNE 16 THROUGH DECEMBER 31, 2021.

13. PUBLIC HEARING Proposal to amend Chapter 4VAC20-252-10 et seq., "Pertaining to the Taking of Striped Bass" to establish a definition of bait as it pertains the use of non-offset, non-stainless steel circle hooks when fishing recreationally and to clarify existing language relevant to reporting and commercial fisheries. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO ESTABLISH A DEFINITION OF BAIT AS IT PERTAINS TO THE USE OF NON-OFFSET, NON-STAINLESS STEEL CIRCLE HOOKS WHEN FISHING RECREATIONALLY AND TO CLARIFY EXISTING LANGUAGE RELEVANT TO REPORTING AND COMMERCIAL FISHERIES.

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A. ROANOKE COUNTY PARKS & RECREATION, #21-0278 Requests authorization to install two (2) clear-span pedestrian bridge crossings, a temporary work causeway and bridge pier, three (3) stormwater outfall rock aprons, temporary cofferdams, rock revetments and gabion basket walls along the Roanoke River as part of the West Roanoke River Greenway Project, near West Riverside Drive, in Roanoke County. Staff recommends approval of the project with the standard instream conditions and 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. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

B. RIVER PORT, LLC, #20-1822 Requests authorization to mechanically maintenance dredge 300,000 cubic yards of sediment in the first dredge cycle and 80,000 cubic yards in subsequent dredge cycles, with disposal at Craney Island, to restore and maintain previously permitted depths of -44 feet and -38 feet mean low water around Piers 14 and 15 at their commercial mooring facility along the James River at 1201 Terminal Avenue in the City of Newport News. Staff recommends standard dredge conditions. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

C. RIVER PORT, LLC, #21-0285 Requests authorization to conduct deck repairs and reinforcement on an existing 988 foot long pier by placing sixty four (64) 18-inch square steel support piles, new decking, and a new mooring system to include 16 dolphins with bollards and fenders at Pier 15 at their commercial facility at 1201 Terminal Boulevard along the James River in the City of Newport News. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.