COMMISSION ACTIONS September 27, 2022

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS WRITTEN.

1. MINUTES of previous meeting. THE COMMISSION VOTED 5 TO 0 WITH TWO ABSTENTIONS TO APPROVE THE MINUTES AS WRITTEN. ASSOCIATE COMMISSIONERS FRANCE AND MINOR ABSTAINED.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION APPROVED ITEM 2C BY A VOTE OF 5 TO 0 WITH TWO ABSTENTIONS. ASSOCIATE COMMISSIONERS KELLUM AND ERSKINE ABSTAINED. ITEMS 2A, 2B AND 2D THROUGH 2I WERE APPROVED BY A VOTE OF 6 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER MINOR ABSTAINED.

3. CONSENT AGENDA ITEMS. NONE.

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

5. STEVEN COLE, #22-1117 Requests authorization to install an 18-foot by 30-foot open-sided boathouse on a statutorily authorized private pier along the Ware River at 5384 Sherwood Lane in Gloucester County. The project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

6. PER PROPERTIES, #21-1370 Requests authorization to construct a new steel bulkhead, a commercial pier and to dredge approximately 67,775 cubic yards of state-owned submerged land to facilitate the construction of a commercial loading facility for ocean-going cargo vessels at property situated adjacent to the Southern Branch of the Elizabeth River in the City of Portsmouth. The project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

7. RANBEC II LLC, #22-0342 Requests authorization to dredge approximately 1,000 cubic yards of bottom material, install a new bulkhead, travel lift and an access pier to facilitate the construction of a replacement travel lift slip adjacent to an existing marina situated along the Great Wicomico River in Northumberland County. The project is protested by a nearby oyster hatchery operator. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

8. VIRGINIA ELECTRIC AND POWER COMPANY, #22-1623 Requests authorization to install one (1) overhead fiber distribution line to existing poles within an existing right-of-way, a minimum 22 feet above a 69-foot wide section of Ivy Creek in Albemarle County. The project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

10. JAMES G. MCBRIDE and JAMES E. MCBRIDE, Oyster Planting Ground Application #2017-161 Request authorization to lease approximately 64 acres within the Rappahannock River in Middlesex County. The application is protested by two nearby highland property owners. APPROVAL OF STAFF RECOMMENDATION 5-2.

11. ROBERT JAMES MCBRIDE, Oyster Planting Ground Application #2017-170 Requests authorization to lease approximately 9.36 acres within Harry George Creek in Middlesex County. The application is protested by two nearby highland property owners. APPROVED STAFF RECOMMENDATION 6-1.

12. PUBLIC COMMENTS Ms. Kimberly Williams expressed concern over a conflict of interest with Associate Commissioner Minor and an upcoming permit application. Three members of the public requested the Commission hold a public hearing on management alternatives for the menhaden purse seine reduction sector. Mr. Charles Lewis described an incident in which he felt intimidated by an Omega Protein vessel while fishing. Commissioner Green stated that anyone who feels intimidated on the water should call the Marine Police. Mr. Steve Atkinson expressed concern about localized depletion of menhaden in Chesapeake Bay. Mr. David Francis and Mr. Rhett Townsend reported encountering a patch of trash and dead menhaden, birds, and a sea turtle while fishing. Mr. Randy Whittaker expressed his concern about fish kills from purse seine net tears. Five members of the public expressed concern about fish population declines in Chesapeake Bay. Ms. Christie Medice asked the Commission to hold a vote on banning menhaden reduction fishing in Chesapeake Bay at their October meeting. Mr. Stan Simmerman recommended the Commission put a moratorium on menhaden purse seine fishing by the reduction sector in Chesapeake Bay while effects of reduction fishing are studied.

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks" to increase the spiny dogfish trip limit. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-490-10 ET SEQ., "PERTAINING TO SHARKS," TO MODIFY THE SPINY DOGFISH TRIP LIMIT TO 7,500 POUNDS.

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A. THE LANE CONSTRUCTION CORPORATION, #22-0664 Requests authorization to relocate portions of Scott's Run, utilizing natural stream channel design techniques, and to construct a bridge crossing over Scott's Run, at the I-495/Old Dominion Drive intersection as part of the I-495 Express Lanes Northern Expansion Project in Fairfax County. Staff recommends approval with our standard instream comments and the additional following special conditions: The newly created stream channel bottom shall become state-owned submerged land. The abandoned natural stream channel shall be filled in accordance with the plans and become a part of the upland parcel in which it is contained. The permittee shall execute a transfer of this permit to the Virginia Department of Transportation upon their acceptance of the structures authorized herein. The permittee shall implement protective strategies, protective of the threatened Wood Turtle, as directed by the Department of Wildlife Resources. THE PROJECT WAS APPROVED BY A VOTE OF 6 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER MINOR ABSTAINED.

B. AMHERST COUNTY SERVICE AUTHORITY, #22-1710 Requests authorization to install a 500-foot long rock revetment upon 5,000 square feet of state-owned subaqueous bottom along the northern bank of the James River near the James River Heritage Trail in Amherst County. Staff recommends approval of the project with our standard instream permit conditions and a time-of-year restriction for instream work from April 15 through June 15 and August 15 through September 30 of any year to protect endangered mussel species. THE PROJECT WAS APPROVED BY A VOTE OF 6 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER MINOR ABSTAINED.

C. CITY OF NEWPORT NEWS, #20-2315 Requests authorization to demolish an existing commercial marina and construct a new marina facility at Menchville Marina adjacent to Deep Creek in the City of Newport News. The new marina is comprised of the following: one (1) 6-foot by 182-foot floating pier with a 6-foot by 91-foot T-head and eight (8) 4-foot wide finger piers; one (1) 6-foot by 236-foot floating pier with a 6-foot by 76-foot L-head and twelve (12) 4-foot wide finger piers; one (1) 6-foot by 182-foot floating pier with a 6-foot by 106-foot T-head and eight (8) 4-foot wide finger piers; and a total of 70 wet slips. The project received the U.S. Army Corps of Engineers' approval for the encroachment into the federal channel in July 2022. THE COMMISSION APPROVED THE PROJECT BY A VOTE OF 5 TO 0 WITH TWO ABSTENTIONS. ASSOCIATE COMMISSIONERS KELLUM AND ERSKINE ABSTAINED.

D. KINDER MORGAN OPERATING L.P., #22-0848 Requests authorization to dredge up to 266,700 cubic yards of State-owned submerged lands, including future maintenance dredging cycles as necessary, to maintain depths of -55 feet at mean low water for Piers IX and X at their facility (1900 Harbor Access Road) along the James River in the City of Newport News. The dredge material will be offloaded at Craney Island. Staff is recommending approval with our standard dredging conditions and a dredging royalty of $0.60/cubic yard for a total of $160,020. This authorization will replace their previous permit #17-0648. THE PROJECT WAS APPROVED BY A VOTE OF 6 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER MINOR ABSTAINED.

E. COLUMBIA GAS OF VIRGINIA, INC., #22-0845 Requests authorization to install an 8-inch underground natural gas pipeline via hydraulic directional drill beneath Paradise Creek and adjacent to Victory Blvd in the City of Portsmouth and Blows Creek and St. Julien's Creek, both within St. Julien's Annex, in the City of Chesapeake. Staff recommends an encroachment royalty of $1,494.00 for a total of 498 linear feet of subaqueous crossings at $3.00 / linear foot. THE PROJECT WAS APPROVED BY A VOTE OF 6 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER MINOR ABSTAINED.

F. JOINT EXPEDITIONARY BASE LITTLE CREEK, #22-1295 Requests authorization to place 14,000 cubic yards of suitable sandy material, dredged from the Little Creek Channel, into existing scour holes at Piers 11, 12, and 13 and overlaid with 20,000 cubic yards of riprap armor stone filled to -27 feet mean low lower water at Joint Expeditionary Base Little Creek in the City of Virginia Beach. THE PROJECT WAS APPROVED BY A VOTE OF 6 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER MINOR ABSTAINED.

G. CITY OF VIRGINIA BEACH, #22-1595 Requests authorization to maintenance dredge the Rudee Inlet Federal Navigation Channel connecting Lake Rudee and Lake Wesley to the Atlantic Ocean in the City of Virginia Beach. Dredging will occur either by hydraulic or hopper-dredge methods on an as-necessary basis, with sidecast dredging utilized as an emergency measure. The entrance channel portion will be dredged to maximum depths of -14 feet mean lower low water and the sand trap portion dredged to maximum depths of -20 feet mean lower low water. Approximately 350,000 cubic yards of sandy spoils dredged annually from the federal navigational channel will be hydraulically pumped to the resort beach area, north of Rudee Inlet or released/placed in the near-shore beach area. Staff recommends approval with the standard dredge-conditions and the previous sidecast dredging special conditions. THE PROJECT WAS APPROVED BY A VOTE OF 6 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER MINOR ABSTAINED.

H. WILLIAM and MARIA LITTREAL, #22-1620 Request authorization to impact 300 square feet of non-vegetated tidal wetlands for the installation of a 100-linear foot stone revetment adjacent to Courthouse Landing Terrance along the Mattaponi River in King and Queen County. This project requires a tidal wetlands permit. THE PROJECT WAS APPROVED BY A VOTE OF 6 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER MINOR ABSTAINED.

I. CHRISTOPHER and JENICE GORDON, #22-1723, Request authorization to impact 600 square feet of non-vegetated tidal wetlands for the installation of a 200-linear foot stone revetment adjacent to Courthouse Landing Terrace along the Mattaponi River in King and Queen County. This project requires a tidal wetlands permit. THE PROJECT WAS APPROVED BY A VOTE OF 6 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER MINOR ABSTAINED.