COMMISSION ACTIONS August 24, 2021

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS MODIFIED TO MOVE ITEM #12 AFTER THE LICENSE STATUS REVIEWS AND THE PAGE 3 ITEMS FURTHER DOWN THE AGENDA PENDING THE ARRIVAL OF THE CONTRACTOR FOR ITEM 3A.

1. MINUTES of previous meeting. THE COMMISSION VOTED 5 TO 0 TO 1 TO APPROVE THE MINUTES AS PRESENTED. ASSOCIATE COMMISSIONER NEWSOME ABSTAINED.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). NONE

3. CONSENT AGENDA ITEMS. THE COMMISSION VOTED UNANIMOUSLY TO REDUCE THE RECOMMENDED CIVIL CHARGE FOR ITEM 3A TO $1000 AND APPROVE THE AFTER-THE-FACT REQUEST. THEY VOTED UNANIMOUSLY TO APPROVE ITEM 3B AS RECOMMENDED BY STAFF.

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

5. LICENSE STATUS REVIEW: THE COMMISSION HEARD 3 CASES OF LICENSE STATUS REVIEWS.

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. THE COMMISSION VOTED UNANIMOUSLY TO REVERSE THE ACCOMACK COUNTY WETLANDS BOARD DECISION, FINDING THAT THE BOARD ERRED IN ITS APPROVAL OF A PROJECT TO FILL TIDAL WETLANDS ON LOT 765, AND DID NOT GIVE FULL CONSIDERATION TO THE CRITERIA FOR APPROVAL OF AN APPLICATION AS SPECIFIED IN THE WETLANDS ZONING ORDINANCE. IN A SECOND MOTION, THE COMMISSION VOTED UNANIMOUSLY TO DIRECT THE BOARD TO SCHEDULE A RESTORATION HEARING, PURSUANT TO § 28.2-1317.D OF THE CODE, TO ADDRESS THE UNAUTHORIZED BULKHEAD CONSTRUCTION AND BACKFILL PLACED IN JURISDICTIONAL WETLANDS.

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. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

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. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

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. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF.

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. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE REQUESTED LEASE AS RECOMMENDED BY STAFF.

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. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE REQUESTED LEASE AS RECOMMENDED BY STAFF.

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. THE COMMISSION VOTED 4 TO 1 TO 1 TO UPHOLD THE STAFF'S DECISION TO ADMINISTRATIVELY DENY THE REQUEST TO RENEW THE SUBJECT LEASE. ASSOCIATE COMMISSIONER EVERETTE VOTED NAY, ASSOCIATE COMMISSIONER NEWSOME ABSTAINED. THE COMMISSION ADDITIONALLY VOTED UNANIMOUSLY TO SET ASIDE AN AREA OF APPROXIMATELY 60 ACRES WITHIN BROAD BAY AS AN AREA NOT TO BE LEASED EFFECTIVE IMMEDIATELY.

13. PUBLIC COMMENTS There were no 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. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-720-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON OYSTER HARVEST" AND CHAPTER 4 VAC20-1250-10 ET SEQ., "PERTAINING TO THE TAGGING OF SHELLFISH" TO ESTABLISH THE 2021-2022 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. THE COMMISSION VOTED UNANIMOUSLY 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 ESTABLISH LANGUAGE 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. THE COMMISSION VOTED UNANIMOUSLY TO REDUCE THE RECOMMENDED CIVIL CHARGE FOR ITEM 3A TO $1000 AND APPROVE THE AFTER-THE-FACT REQUEST.

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. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE ITEM 3B AS RECOMMENDED BY STAFF.