COMMISSION ACTIONS April 26, 2022

** APPROVAL OF AGENDA. APPROVED BY UNANIMOUS VOTE

1. MINUTES of previous meeting. APPROVED BY A VOTE OF 6 - 0 - 1. ASSOCIATE COMMISSIONER HEADLEY ABSTAINED.

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

3. CONSENT AGENDA ITEMS. NONE

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

5. NORFOLK NAVAL SHIPYARD, #21-2213 Requests authorization to replace an existing footbridge and security fence over Blows Creek and refurbish old and install new riprap shoreline stabilization to create a living shoreline at the confluence of Blows Creek and the Elizabeth River at the St. Julien's Creek Annex property in the City of Chesapeake. Both tidal wetlands and subaqueous bed permits are required. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

6. FRED HODGES, #22-0383 Requests authorization to install 147 linear feet of Flexamat at a 4:1 slope with sand fill and native wetland plantings adjacent to the York River at Old Farm Drive in King and Queen County. This project requires a tidal wetlands permit. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

7. M. KEITH HODGES, #22-0384 Requests authorization to install 75 linear feet of Flexamat at a 4:1 slope with sand fill and native wetland plantings adjacent to the York River at Old Farm Drive in King and Queen County. This project requires a tidal wetlands permit. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

8. NORTHAMPTON COUNTY and the TOWN OF CAPE CHARLES, #21-0145 Requests authorization to maintenance dredge approximately 21,825 cubic yards and dredge 7,200 cubic yards of new material from the Kings Creek Channel in Northampton County, with subsequent placement of approximately 35,000 cubic yards of sand on the public beach in the Town of Cape Charles. The project is protested by two nearby property owners. THE COMMISSION VOTED 6 TO 0 TO 1 TO APPROVE THE PROJECT AS PROPOSED. ASSOCIATE COMMISSIONER BALLARD ABSTAINED.

9. GARY HOCHSCHILD, #21-1551 Requests authorization to construct a private, open-pile pier with a 10-foot by 50-foot L-head and a 10-foot by 20-foot floating kayak dock at property (23124 Grey Drive) adjacent to Onancock Creek in the County of Accomack. The project is protested by an upstream property owner. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

10. RICHARD DAVIS, Oyster Planting Ground Application # 2014-219 Request to lease up to 100 acres of oyster planting grounds in the Rappahannock River near Myrtle Swamp in Richmond County. The application is protested by a number of local residents. THE COMMISSION APPROVED A MODIFIED REDUCED LEASE AREA OF APPROXIMATELY 38 ACRES BY A VOTE OF 7-0.

11. RICHARD DAVIS AND ANDREW DAVIS, Oyster Planting Ground Application # 2014-220 Request to lease up to 180 acres of oyster planting grounds in the Rappahannock River near Farnham Creek in Richmond County. The application is protested by a number of local residents. COMMISSION APPROVED A MODIFIED REDUCED LEASE AREA OF APPROXIMATELY 27 ACRES BY A VOTE OF 7-0.

12. PUBLIC COMMENTS Ms. Elizabeth Buehler requested to be allowed to transfer the oyster user fee of her son, Mr. Michael Buehler, after his death as executor of his estate. Currently regulation states Mr. Buehler would need to have worked 40 days in the previous calendar year for his oyster user fee to be transferred outside his immediate family, but he only worked 35 days in 2021. Mr. Andrew Button of the Division of Shellfish Management said after discussion with the Shellfish Management Advisory Committee, staff is looking into amending oyster user fee transfer eligibility rules in cases of illness or death. The commission voted unanimously to allow Ms. Buehler to transfer Mr. Buehler's oyster user fee outside of immediate family. Ms. Michelle Maund, on behalf of her husband Mr. Robert Miller, asked to have Mr. Miller's oyster user fee reinstated. Current regulations state that an oyster user fee must be purchased each year to maintain eligibility, but Mr. Miller did not purchase his oyster user fee in 2021 due to economic hardship. Mr. Button states that there are no exceptions in regulation for economic hardship. The Commission declined to make a motion to approve Ms. Maund's request.

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy)", to establish the 2022 recreational management measures for this species. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-910-10 ET SEQ., "PERTAINING TO SCUP (PORGY)", TO ESTABLISH THE 2022 RECREATIONAL MANAGEMENT MEASURES FOR THIS SPECIES.

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder", to establish the 2022 recreational management measures for this species. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-620-10 ET. SEQ., "PERTAINING TO SUMMER FLOUNDER," TO ESTABLISH THE 2022 RECREATIONAL MANAGEMENT MEASURES.

15. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass", to establish the 2022 recreational management measures for this species. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS", TO ESTABLISH THE 2022 RECREATIONAL MANAGEMENT MEASURES FOR THIS SPECIES.

PAGE 2 ITEMS

A. CITY OF SALEM, #22-0365 Requests authorization to replace the Apperson Drive Bridge over the Roanoke River with a clear span bridge that includes five (5) travel lanes, a shared-use path, and associated temporary work causeways and cofferdams, in the City of Salem. Staff recommends approval of the project with the standard instream permit conditions and a time-of-year restriction for instream work of March 15 through June 30 of any given year to protect the endangered Roanoke logperch. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

B. AMHERST COUNTY, #21-2456 Requests authorization to install a water intake structure with 1-mm mesh screens, 24-inch intake line, and 6-inch backwash line, on the James River near Trents Landing Road in Amherst County. Staff recommends approval of the project with the standard instream permit conditions, a requirement to conduct a freshwater mussel survey and relocation effort unless specifically waived in writing by the Virginia Department of Wildlife Resources and an instream time-of-year restriction of April 15 through June 15 and August 15 through September 30 of any year to protect endangered mussel species. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

C. ISLE OF WIGHT COUNTY, #21-2579 Requests authorization to install a 12-inch water main across a 200-foot section of the Pagan River using the horizontal directional drilling method a minimum of ten (10) feet beneath the substrate adjacent to N. Church Street in Isle of Wight County. Staff recommends approval of the project with the standard condition that the Permittee agrees to abide by the frac-out monitoring and response plan submitted with the application. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

D. CITY OF CHESAPEAKE, #21-2580 Requests authorization to install fiber optic cable and multiple HDPE conduits using the horizontal directional drill method crossing Newton Creek, Mill Dam Creek, Northwest River, Bells Mill Creek, St. Julian Creek, Baily Creek, Goose Creek (2x), and the Southern Branch of the Elizabeth River (3x), a minimum of five (5) feet below the substrate for a total of 2,316 linear feet of subaqueous crossings in Chesapeake. Staff recommends approval of the project with the standard condition that the Permittee agrees to abide by the frac-out monitoring and response plan submitted with the application. THE PROJECT WAS APPROVED AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.