COMMISSION ACTIONS July 27, 2021

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS AMENDED TO REFLECT THE REMOVAL OF ITEM 10 (MATHESON OYSTER COMPANY, LLC, #21-1069).

1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES AS WRITTEN.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION VOTED UNANIMOUSLY TO APPROVE ITEMS 2A - 2C.

3. CONSENT AGENDA ITEMS. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE ITEM 3A.

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

5. PRESENTATION "An Update on Omega Protein's Fishing Activities" Monty Diehl, Omega Protein, Vice President, Ocean Fleet Services.

6. DON and KAREN SMITH, #21-0643 Request authorization to construct a 5-foot wide by 32 linear foot private, open-pile pier with a 12-foot by 14-foot, two-level T-head and 7-foot by 8-foot stairway extension to access upper deck at property (7348 Prettyman Circle) along Nassawadox Creek in Northampton County. The project is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO DENY THE PROJECT.

7. PHILIP and KELLY PARK, #21-0407 Request authorization to install a 12-foot by 30-foot open sided boathouse on a statutorily authorized private pier along Oakland Creek at Tax Map Parcel #24-15-1 on North River Road in Mathews County. The project is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

8. ORRIE LEE SMITH, JR., CYNTHIA KESLER SMITH and CURTIS H. SMITH, Oyster Planting Ground Transfer Application #2020-586 Request authorization to transfer an oyster ground lease containing 2.24 acres within Slough Creek in Northumberland County. The transfer application is protested by an adjacent highland property owner. This project was deferred from the June 2021 meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE TRANSFER REQUEST AS RECOMMENDED BY STAFF.

9. LEONARD F. STURGIS (DECEASED) to LEONARD R. STURGIS, Oyster Planting Ground Transfer Application #2021-523 Requests authorization to transfer an oyster ground lease containing 8.32 acres within Occohannock Creek in Accomack County. The transfer application is protested by an adjacent highland property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE TRANSFER REQUEST AS RECOMMENDED BY STAFF.

10. MATHESON OYSTER COMPANY, LLC, #21-1069 Requests authorization to place up to 37,440 SEAPA floating oyster baskets, secured with up to 9,828 pilings, over a total of 89,856 square feet; place up to 600 bottom cages, with marking buoys, over 7,920 square feet, and place 1,260 one foot by one foot Oyster Reef Tile structures in two adjoining rows for a width of two (2) feet over 730 linear feet of State-owned subaqueous bottomlands (within the footprint of oyster planting ground lease #22773, Sarah Matheson) at the confluence of the Severn River and Mobjack Bay, near Caucus Bay in Gloucester County. The proposed SEAPA Baskets, if approved, would be installed in two (2) phases, approximately one (1) year apart. The application is protested by a nearby oyster planting ground leaseholder (Mr. Ben Rhodes, Lease #22183). REMOVED FROM THE AGENDA

11. PUBLIC COMMENTS The Commission voted unanimously to deny reinstatement of all Mr. Carr's commercial licenses pursuant to Chapters 4 VAC-20-610 et seq. and 4 VAC-20-720-10 et seq

12. PUBLIC HEARING Proposal to establish Chapter 4 VAC 20-1390-10 et seq., "Pertaining to Shrimp", to create a new commercial shrimp fishery, trawl license and lottery, gear and season restrictions, and commercial and recreational shrimp possession limits; to amend Chapter 4 VAC 20-1090-10 et seq., "Pertaining to Licensing Requirements and License Fees" to establish a shrimp trawl license fee, and, to repeal Chapter 4 VAC 20-420-10 et seq., "Pertaining to the Use of Trawls in the Territorial Sea". THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO ESTABLISH CHAPTER 4 VAC 20-1390-10 ET SEQ., "PERTAINING TO SHRIMP", TO CREATE A NEW COMMERCIAL SHRIMP FISHERY, TRAWL LICENSE AND LOTTERY, GEAR, SEASON, AND AREA RESTRICTIONS, AND COMMERCIAL AND RECREATIONAL SHRIMP POSSESSION LIMITS; AMEND CHAPTER 4 VAC 20-1090 ET SEQ., "PERTAINING TO LICENSING REQUIREMENTS AND LICENSE FEES" TO ESTABLISH A SHRIMP TRAWL LICENSE FEE; AND REPEAL CHAPTER 4 VAC 20-420-10 ET SEQ., "PERTAINING TO THE USE OF TRAWLS IN THE TERRITORIAL SEA".

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-280-10 et seq., "Pertaining to Speckled Trout" to establish a daily commercial incidental catch limit when the directed commercial landings quota is met and to clarify existing language, and, establish Chapter 4 VAC 20-1400-10 et seq., "Pertaining to Red Drum". THE COMMISSION VOTED UNANIMOUSLY TO ESTABLISH A DAILY INCIDENTAL CATCH LIMIT FOR COMMERCIAL SPECKLED TROUT OF 50 POUNDS PER LICENSEE, WITH A 100 POUND DAILY VESSEL LIMIT ONCE THE 51,104 POUND DIRECTED QUOTA HAS BEEN MET. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION TO ESTABLISH CHAPTER 4 VAC-20-1400-10 ET SEQ., "PERTAINING TO RED DRUM".

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A. TOWN OF FRONT ROYAL, #20-1991 Requests authorization to cross the Shenandoah River using the micro-tunnel method, and Leach Run using the conventional trench method associated with the Parallel Water Line Route 522 Project in Warren County. Staff recommends approval with the inclusion of our standard in-stream conditions for the Leach Run crossing and the following special permit conditions: 1. Instream work time-of-year restriction from April 1 - September 30 to protect the State Threatened Wood Turtle, unless specifically waived in writing by the Department of Wildlife Resources (DWR); 2. Permittee is required to adhere to DWR's December 8, 2020, comments related to the protection of the Federally Threatened Madison Cave Isopod (Antrolana lira) on site; 3. Permittee agrees to coordinate with the Department of Conservation and Recreation (DCR) if karst features are encountered during the project, unless specifically waived in writing by DCR. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

B. WEANACK LAND, LLC., #21-0826 Requests authorization to maintenance dredge approximately 250,000 cubic yards of bottom material, as needed, of which 4,700 cubic yards will be new material during the initial cycle to maintain maximum project depths of -22 feet at mean low water between Stations 11+00 and 20+00 and at -20 feet for the balance of the Weanack access channel to Port Tobacco in Shirley Cove, situated along the James River in Charles City County. Staff recommends the inclusion of our standard dredge permit conditions, a royalty of $2,115.00 for the new dredging and the following additional special condition: 1. No dredging shall occur between February 15 and June 30 and August 1 through November 15 to protect anadromous fishes, including Atlantic Sturgeon. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

C. GRANITE/PARSONS/CORMAN, A JOINT VENTURE, #18-0425 Requests authorization to revise a previously issued permit for the construction of two (2) additional lanes on the High Rise Bridge over the Southern Branch Elizabeth River in the City of Chesapeake, by increasing the area of riprap outfall protection by 85 square feet. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

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A. DOMINION TERMINAL ASSOCIATES, #20-0320 Requests after-the-fact authorization to mechanically maintenance dredge 70,433 cubic yards of State-owned submerged bottom on an as-needed basis to maintain depths of -57 feet at mean low water adjacent to Dominion Terminal Associates Pier 11 (600 Harbor Road) along the James River in the City of Newport News. Recommend approval with triple permit fees and a civil charge of $2,000.00 for both the applicant and contractor, which both have agreed to pay. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.