COMMISSION ACTIONS July 26, 2022

** APPROVAL OF AGENDA. THE COMMISSION APPROVED THE AGENDA AS SUBMITTED BY A VOTE OF 6 TO 0 TO 1. ASSOCIATE COMMISSIONER ERSKINE ABSTAINED.

1. MINUTES of previous meeting. THE COMMISSION APPROVED THE MINUTES AS SUBMITTED BY UNANIMOUS VOTE.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION APPROVED THE PAGE 2 ITEMS BY UNANIMOUS VOTE.

3. CONSENT AGENDA ITEMS. THE COMMISSION APPROVED ITEM 3A AS RECOMMENDED BY STAFF BY UNANIMOUS VOTE.

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

5. LITTLE WICOMICO OYSTER COMPANY, LLC, #21-2442 Requests authorization to install floating oyster bag enclosures at three (3) locations within the Little Wicomico River near Hansons Cove in Northumberlands County, with the footprint of oyster planting ground lease #21701. Site one will encompass a 108,866 square foot area with 20 horizontal lines with 130 bags per line; site two will encompass a 132,396 square foot area with 30 horizontal lines with 200 floats per line; site three will encompass a 171,355 square foot area with 35 horizontal lines with 160 bags per line. The total area being requested is 412,637 square feet (9.47 acres). The request is protested by a number of nearby residents and property owners. JOINT PERMIT APPLICATION WITHDRAWN BY THE APPLICANT AT THE 07-26-2022 MEETING.

6. SUSAN KELLAM and NEW INLET INC., to NEW INLET, INC., #2022-545 Oyster Planting Ground Lease Transfer #2022-545, requests authorization to transfer 161.34 acres of oyster planting grounds within the Gulf in Northampton County. The transfer is protested by a local waterman, Thomas H. James, III. COMMISSION VOTED UNANIMOUSLY TO APPROVE THE LEASE TRANSFER.

7. PUBLIC COMMENTS Mr. William Karwatt Jr. expressed his concerns with the impact of menhaden fishing in Chesapeake Bay.

8. RECOMMENDATION Funding request from the Marine Fishing Improvement Fund. THE COMMISSION VOTED UNANIMOUSLY TO FUND THE COMMERCIAL FISHERIES COORDINATION PROJECT TOTALING $48,948 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF).

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A. DEPARTMENT OF CONSERVATION AND RECREATION, #22-0687 Requests authorization to dredge approximately 2,600 cubic yards of bottom material, remove three (3) existing wooden piers, piles, and wave screens, and construct two (2) 150-foot long wooden tending piers with wave screens and one (1) 6-foot wide by 30-foot long fixed pier with a 6-foot by 30-foot gangway and a 6-foot by 42-foot floating dock to facilitate the repair and replacement of a public boat ramp at York River State Park Croaker Landing Boat Ramp (1945 Croaker Landing Road) along the York River in James City County. Dredged material will be placed in an approved upland site. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

B. LOUDOUN WATER, #22-0467 Requests authorization to install a 30-inch steel-cased sanitary sewer force main across a 50-foot section of Sycolin Creek a minimum of four (4) feet beneath the substrate using a cofferdam and the open-trench method, adjacent to Cochran Mill Road in Loudoun County. Staff recommends approval with standard in-stream conditions and an instream work time-of-year-restriction of October 1 through March 31 to protect State Threatened Wood Turtles. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

C. CHESTERFIELD COUNTY TRANSPORTATION DEPARTMENT, #21-2056 Requests authorization to install a temporary causeway for construction access and realign approximately 174 linear feet of Blackman Creek to facilitate the construction of a 143-foot long two-span bridge that will replace the existing clear-span bridge across a 24 linear foot section of Blackman Creek along Otterdale Road in Chesterfield County. Staff recommends approval with the standard in-stream conditions THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

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3A. Eastern Branch Holdings, LLC, #22-0428 Requests after-the-fact authorization to retain a 16-foot wide by 263 linear foot floating pier with a gangway ramp and an 18-foot by 42-foot concrete abutment on the shoreline at property (602 Ford Drive) adjacent to the Eastern Branch of the Elizabeth River in the City of Norfolk. The applicant has agreed to pay a $3,000.00 civil charge and a tripled royalty of $25,248.00 in lieu of further enforcement action. THE COMMISSION VOTED UNANIMOUSLY TO ACCEPT STAFF'S RECOMMENDATION AND THE APPLICANT'S CONSENT TO PAY A $3000 CIVIL CHARGE WITH TRIPLE PERMIT FEES AND ROYALTIES FOR THE UNAUTHORIZED COMMERCIAL DOCK CONSTRUCTED BY THE APPLICANT AT THEIR PROPERTY ON THE EASTERN BRANCH OF THE ELIZABETH RIVER IN THE CITY OF NORFOLK.