COMMISSION ACTIONS May 24, 2022

** APPROVAL OF AGENDA. THE COMMISSION APPROVED THE AGENDA AS MODIFIED BY UNANIMOUS VOTE. ITEM 9 WAS REMOVED FROM THE AGENDA.

1. MINUTES of previous meeting. THE COMMISSION APPROVED THE MINUTES AS WRITTEN BY A VOTE OF 6 TO 0 TO 1. ASSOCIATE COMMISSIONER BRANSOM ABSTAINED.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). ITEMS 2A AND 2C THROUGH 2F WERE APPROVED BY UNANIMOUS VOTE. BY A SECOND MOTION, ITEM 2B WAS APPROVED BY A VOTE OF 6 TO 0 TO 1. COMMISSIONER WORRELL ABSTAINED.

3. CONSENT AGENDA ITEMS. NONE

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

5. LICENSE STATUS REVIEW: THE COMMISSION HEARD 1 CASES OF LICENSE STATUS REVIEWS.

6. MOUNTAIN VALLEY PIPELINE, LLC, #21-0416 Requests authorization to install a natural gas pipeline, with associated temporary construction access bridges, beneath the beds of eight (8) streams and/or rivers with drainages greater than five (5) square miles, which are considered to be State-owned subaqueous bottomlands of the Commonwealth along the designed project corridor in Giles, Roanoke, Montgomery, Franklin and Pittsylvania Counties for the Mountain Valley Pipeline Project. The project is protested. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

7. JAMES M. AYERS, #22-0360 Requests authorization to construct a 560-foot long open-pile walkway and footbridge over a marsh and tidal tributary to LaGrange Creek to access a proposed private, riparian pier at property at 183 Shell Court in Middlesex County. The project is protested by a nearby neighborhood citizens association. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

8. APPALACHIAN POWER COMPANY, #21-1777 Requests authorization to install 26 individual aerial crossings over sections of the Levisa Fork, Looney Creek, Bull Creek, Bart Lick Creek and Russell Fork to facilitate the installation of a nonelectric, telecommunications fiber optic cable on existing distribution poles for the Grundy - Haysi Telecommunications Project in the vicinity of Haysi in Dickenson and Buchanan Counties. The project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

9. LITTLE WICOMICO OYSTER COMPANY, #21-2442 Requests authorization to install floating oyster bag enclosures at three (3) locations within the Little Wicomico River near Hansons Cove in Northumberland County, with the footprint of oyster planting ground lease #21701. Site one will encompass a 200-foot by 400-foot area with 20 horizontal lines 200 feet in length with 130 bags per line; site two will encompass a 300-foot by 500-foot area with 30 horizontal lines 300 feet in length with 200 floats per line; site three will encompass a 250-foot by 700-foot area with 35 horizontal lines 250 feet in length with 160 bags per line. The request is protested by a number of nearby residents and property owners. THE PROPOSAL WAS PULLED FROM THE AGENDA, DUE TO A DEFECT IN THE NOTICE TO SOME ADJACENT LANDOWNERS.

10. JASON L. DAMERON TO LITTLE WICOMICO OYSTER COMPANY, LLC, Oyster Planting Ground Transfer Application #2021-556 Requests authorization to transfer 6.72 acres of oyster planting grounds (lease # 19247) in Mill Creek in Northumberland County. The transfer request is protested by a number of local nearby highland property owners. COMMISSION VOTED TO DEFER ACTION FOR AT LEAST A MONTH TO ALLOW THE LEASEHOLDER, PROSPECTIVE LEASEHOLDER AND THE PROTESTORS TO MEET AND ATTEMPT TO REACH A COMPROMISE REGARDING THE LEASE TRANSFER. THE VOTE TO DEFER WAS UNANIMOUS.

11. PUBLIC COMMENTS There were no public comments.

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1390-10 et seq., "Pertaining to Shrimp", to modify shrimp trawl licensing entry requirements, license transferability, and the use of agents for the commercial shrimp trawl fishery. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-1390-10 ET SEQ., "PERTAINING TO SHRIMP" TO 1) MODIFY SHRIMP TRAWL LICENSING HARVEST REQUIREMENTS, LOTTERY DATES, AND APPLICATION REQUIREMENTS; 2) ALLOW THE TRANSFER OF COMMERCIAL SHRIMP TRAWL LICENSES IN CERTAIN CIRCUMSTANCES DUE TO DEATH, MEDICAL HARDSHIPS, OR MILITARY SERVICE; AND 3) ALLOW AGENTS FOR SHRIMP TRAWL LICENSES FOR A TWO-WEEK PERIOD EACH YEAR UNDER CERTAIN CIRCUMSTANCES DUE TO DEATH, MEDICAL HARDSHIPS, OR MILITARY SERVICE.

13. DISCUSSION Presentation of 2021-2022 Blue Crab Winter Dredge Survey results and information pertaining to Virginia's blue crab fisheries.

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A. HAMPTON LANDING LTD., #22-0151 Requests authorization to remove fixed Docks A and B, and replace in the same basic footprint (no further channelward encroachment) with floating docks, resulting in five (5) fewer slips and to perform maintenance dredging of up to 20,000 cubic yards of accumulated sediments on an as-needed basis to maintain depths of minus six feet (-6') at the marina facility within Neabsco Creek in Prince William County. Staff recommends approval with a time-of-year restriction from February 15 through June 30 of any year, standard dredging conditions and no royalty assessment. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

B. GLOBALINX DATA CENTER, #21-1649 Requests authorization to horizontally drill four (4) five-inch steel submarine fiber optic conduits under Sandbridge Beach and adjacent State-owned submerged bottomlands to a distance of approximately 4,000 linear feet offshore, directly adjacent to City property located at 209 Sandbridge Road, situated along the Atlantic Ocean within the City of Virginia Beach. The conduits will remain vacant with the intent of accommodating future submarine fiber optic cable projects. This project was previously permitted and royalties paid under VMRC Permit #19-2048, which was inactivated. Given that no additional impacts are proposed, additional royalties are not recommended. Staff recommends approval as proposed. THE COMMISSION APPROVED THE PROJECT BY A VOTE OF 6 TO 0 TO 1. COMMISSIONER WORRELL ABSTAINED.

C. GREAT LAKES DREDGE AND DOCK COMPANY, LLC. #21-1630 Requests authorization to construct 518 feet of steel sheetpile bulkhead with a subaqueous riprap toe on the north end of the site and 369 linear feet of steel bulkhead on the south end of the site. Both bulkheads will have backfill and a concrete cap at property (700 and 800 East Indian River Rd) adjacent to the Elizabeth River Eastern Branch in the City of Norfolk. Staff recommends a royalty of $23,085.00 for upland creation. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

D. BRG LITTLE CREEK, LLC, #21-2180 Requests authorization to construct a new outfall with riprap protection, install a floating dock with a community-use kayak launch, replace two existing piers with a single 375 linear foot floating pier and 34 slips, and construct a 248 linear foot floating pier parallel to bulkhead with four finger piers and nine (9) slips at property (4707 Pretty Lake Avenue) adjacent to Little Creek in the City of Norfolk. Staff recommends a royalty of $77,250.00 for the private marina. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

E. NORFOLK NAVAL SHIPYARD, #22-0793 Requests authorization to construct 420 linear feet of steel bulkhead with backfill, 6 feet in front of existing bulkhead, as part of a broader reconstruction of the berths at Dry Dock 8, Norfolk Naval Shipyard, adjacent to the Southern Branch Elizabeth River in the City of Portsmouth. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

F. PAMUNKEY INDIAN TRIBAL GAMING AUTHORITY, #21-1191 Requests authorization to remove existing dilapidated structures and install shoreline stabilization measures to include bulkheading, riprap revetment, living shorelines, construct two (2) 48-inch storm water outfalls, dredge 26,315 cubic yards of State-owned submerged land, and install a 50-slip commercial marina at property (200 Park Avenue) adjacent to the Eastern Branch of the Elizabeth River in the City of Norfolk. Staff recommends a royalty of $153,036.00 for the dredging and public-use marina. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.