COMMISSION ACTIONS January 25, 2022

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS MODIFIED TO REMOVE ITEM #7 AND ADD ITEM #6.

1. MINUTES of previous meeting. THE COMMISSION VOTED 7 TO 0 TO 1 TO APPROVE THE MINUTES AS PRESENTED. ASSOCIATE COMMISSIONER MINOR ABSTAINED.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION VOTED 7 TO 0 TO 1 TO APPROVE PAGE 2 ITEMS AS PRESENTED. ACTING COMMISSIONER WORRELL ABSTAINED.

3. CONSENT AGENDA ITEMS. NA

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. NA

5. VIRGINIA ELECTRIC & POWER COMPANY, #21-2304 Requests authorization to replace four (4) transmission line support structures located in tidal wetlands, and replace two (2) 115k kV aerial crossings over 243 linear feet of Proctors Creek in Chesterfield County. This project requires a tidal wetlands and subaqueous permit. THE COMMISSION VOTED 7 TO 0 TO 1 TO APPROVE ITEM #6 AS PRESENTED. ACTING COMMISSIONER WORRELL ABSTAINED.

6. REQUEST FOR AN EMERGENCY AMENDMENT INDUSTRY REQUEST TO EXTEND THE PUBLIC SEASON FOR HAND SCRAPE ACTIVITY IN THE JAMES RIVER. Request from industry representatives to extend the hand scrape season which is currently set to end on January 31, 2022. The numerous requests range from 2 weeks to the entire month of February of 2022. Any such extension requires Commission approval as an emergency regulatory action to "Pertaining to restrictions on oyster harvest" CHAPTER 4VAC 20-720-10 ET. SEQ. THE COMMISSION VOTED 5 TO 2 TO 1 TO TAKE NO ACTION TO EXTEND THE OYSTER HARVEST SEASON. ACTING COMMISSIONER WORRELL ABSTAINED.

7. PUBLIC COMMENTS Mr. Tommy Kellum thanked the VMRC oyster conservation and replenishment staff for their efforts for the oyster resource and fishery.

8. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1180-10 et seq., "Pertaining to Fishing Guides", to 1) define existent freshwater/saltwater delineation lines, 2) clarify language for license qualification requirements, and 3) establish penalties. The Commission also proposes to repeal Chapter 4 VAC 20-1150-10 et seq., "Pertaining to Charter Boat and Head Boat Fisheries". AT STAFF'S REQUEST, THIS ITEM HAS BEEN POSTPONED UNTIL A LATER MEETING.

9. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass" to close the February recreational black sea bass season. THE COMMISSION VOTED 6-1-1 TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS", TO CLOSE THE FEBRUARY RECREATIONAL BLACK SEA BASS SEASON.

10. PRESENTATION Dr. Chris Patrick, Director of the VIMS SAV Monitoring and Restoration Program, will give a brief overview of recent work by the VIMS SAV Program. This will include a quick recap of our work, status and trends for SAV through 2020, updates on propeller scarring, and seagrass and bay scallop restoration activities in the VA Coastal Bays and lower Chesapeake Bay. THE COMMISSION UNANIMOUSLY APPROVED CONTINUING FUNDS FOR THE VIMS PROPELLER SCARRING SURVEY.

PAGE 2 ITEMS

A. CITY OF VIRGINIA BEACH, #21-1817 Requests authorization to maintenance dredge (by mechanical means) approximately 32,500 cubic yards of State-owned submerged bottomlands from within the Keeling Drain portion of the Eastern Branch of the Lynnhaven River City Channel. Dredging will attempt to achieve maximum depths of minus eight (-8) feet at mean low water. Sandy dredged material will be offloaded at the City's Lynnhaven Beach and Boat Ramp facility, located at 3576 Piedmont Circle along Crab Creek, and utilized for future beach nourishment projects. Offloaded dredged material that is not beach quality sand will be contained and transported to an approved upland disposal site. THE COMMISSION VOTED 7 TO 0 TO 1 TO APPROVE ITEM #2A AS PRESENTED. ACTING COMMISSIONER WORRELL ABSTAINED.

B. SHIRLEY CONTRACTING COMPANY, LLC, #21-1490 Requests authorization to install a clear span bridge over a 34-foot wide section of Broad Run as part of the Northstar Boulevard Extension from Route 50 to Shreveport Drive in Loudoun County. Staff recommends approval with our standard instream conditions and a condition requiring the permit be transferred to VDOT upon their acceptance of the completed project. THE COMMISSION VOTED 7 TO 0 TO 1 TO APPROVE ITEM #2B AS PRESENTED. ACTING COMMISSIONER WORRELL ABSTAINED.

C. FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS AND ENVIRONMENTAL SERVICES, #21-1979 Requests authorization to install, by the horizontal directional drill method, a 36-inch diameter HDPE sanitary sewer force main, a minimum of 15 feet below an 815-foot wide section of Little Hunting Creek along an alignment from the LHC Pump Station near the intersection of Thomas J. Stockton Parkway and Londonberry Road to an existing discharge junction chamber near the intersection of Surrey Drive and Surrey Court in Fairfax County. Staff recommends approval of the permit to include our standard instream conditions and a condition requiring the permittee to adhere to the inadvertent return plan prepared for the project. THE COMMISSION VOTED 7 TO 0 TO 1 TO APPROVE ITEM #2C AS PRESENTED. ACTING COMMISSIONER WORRELL ABSTAINED.

D. CHESAPEAKE REAL ESTATE, LLC, #21-1415 Requests authorization to reconstruct an existing derelict marina to include installation of new floating docks, 53 boat slips, new gangway ramps and 146 linear feet of bulkhead, no more than two (2) feet in front of existing failed bulkhead, at property (245 William R. Harvey Way) adjacent to the Hampton River in the City of Hampton. Staff recommends a total royalty of $62,677.00 and the following special condition: 1. Royalty for the marina may be paid in two phases, with $45,795.00 due immediately and $16,590.00 due prior to the construction of Phase 2 of the marina. THE COMMISSION VOTED 7 TO 0 TO 1 TO APPROVE ITEM #2D AS PRESENTED. ACTING COMMISSIONER WORRELL ABSTAINED.