COMMISSION ACTIONS October 25, 2022
** APPROVAL OF AGENDA.
THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS WRITTEN.
1. MINUTES of previous meeting.
THE COMMISSION VOTED 7 TO 0 WITH ONE ABSTENTION TO APPROVE THE MINUTES AS WRITTEN. ASSOCIATE COMMISSIONER HEADLEY ABSTAINED.
2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). THE COMMISSION APPROVED ITEMS 2A, 2B AND 2C BY UNANIMOUS VOTE.
3. CONSENT AGENDA ITEMS. THE COMMISSION APPROVED ITEMS 3A & 3B BY UNANIMOUS VOTE.
4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL.
NONE
5. PETITIONER Menhaden Petition for the Governor's Consideration.
THE COMMISSION RECEIVED THE THREE PETITIONS. SIX MEMBERS OF THE PUBLIC SPOKE IN SUPPORT.
6. CLARENCE BOWEN, et al, #22-1785 Requests authorization to install a 260 linear foot gapped breakwater system with beach nourishment and vegetative plantings adjacent to 135 and 136 Smith Point View situated along the Chesapeake Bay in Northumberland County. The project is protested by an adjacent property owner.
THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.
7. LITTLE WICOMICO OYSTER COMPANY, LLC, #21-2608 Appeal of Notice to Comply #22-SMD-01. Requests to appeal specific conditions contained in a previously issued Notice to Comply regarding non-compliance with their permit for deployed floating shellfish enclosures within the Great Wicomico River in Northumberland County. The permittee is appealing:
1. The requirement for the removal of all unauthorized floating enclosures;
2. Commission denial to allow for the submission of an after-the-fact application to retain such deployed enclosures;
3. That submission of latitude and longitude values are not required within the Joint Permit Application;
4. That the permittee did not knowingly submit erroneous maps that were provided by his agent in the original permit application;
5. That the removal requirement will cause the death of four to five million baby
oysters.
COMMISSION VOTED 6-1-1 TO UPHOLD THE PREVIOUSLY ISSUED NOTICE TO COMPLY WITH A NEW DEADLINE FOR COMPLIANCE OF NOVEMBER 15, 2022.
8. MICHAEL E. McGEE to JENNIFER YOUNG, Oyster Planting Ground Transfer #2021-530 Requests authorization to transfer 5.07 acres of oyster planting grounds within Chincoteague Bay in Accomack County. The transfer is protested by two nearby highland property owners on Marsh Island. Additionally, the subject lease has been resurveyed to remove an area where the most recent bridge access to Marsh Island was previously constructed and the new revised area is now 3.71 acres.
COMMISSION APPROVED THE MODIFIED LEASE TRANSFER 8-0
9. PUBLIC COMMENTS
10. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks" to establish a prohibition on the retention of shortfin mako shark within Virginia waters.
THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-490-10 ET SEQ., "PERTAINING TO SHARKS," TO PROHIBIT THE RETENTION OF SHORTFIN MAKO SHARK WITHIN VIRGINIA STATE WATERS.
11. RECOMMENDATION Recommendations on funding requests from the Recreational and Commercial Fisheries License Funds.
THE COMMISSION VOTED 8-0, WITH ONE ABSTENTION, TO FUND PROJECTS A THROUGH L, FOR EXPENDITURES TOTALING $464,640, FROM THE RECREATIONAL LICENSE FUND (VSRFDF) AND TO FUND $174,424 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF) FOR SPLIT FUNDED PROJECTS, THE OYSTER MANAGEMENT TOOL, AND ONE SEGMENT OF THE ANNUAL RIVER HERRING MONITORING PROJECT.
PAGE 2 ITEMS
A. 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 COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.
B. 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 Terrance along the Mattaponi River in King and Queen County. This project requires a tidal wetlands permit.
THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.
C. ARMY CORPS OF ENGINEERS, #22-0907 Requests authorization to place overboard, in an unconfined manner, up to 65,000 cubic yards of dredged material per dredge cycle from the maintenance dredging of the two Federal Project Channels near Tangier Island in Accomack County. The material will be deposited for beneficial use along the (1) western shore of the island, south of the airport seawall, (2) along the northwest shoreline of the Tangier Island Uppards, or (3) nearshore of the Northwest Uppards between the -5 and -8 foot mean low water (MLW) contours.
THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.
PAGE 3 ITEMS
A. JEFFREY PAXTON, #18-1215 Requests a modification to an existing permit for after-the-fact authorization to retain a 35.5-foot wide by 45-foot long open-side boathouse roof constructed adjacent to a private, open-pile pier serving 1472 Bridge Point Trail, situated along the Nansemond River in the City of Suffolk. The applicant has agreed to pay a $2,000.00 civil charge and triple permit fees in lieu of further enforcement action.
THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.
B. CROWNE POINTE MARINA, #22-2105 Requests after-the-fact authorization to replace an existing dock with a 6-foot wide by 155-foot long floating dock, with an 8-foot by 70-foot T-head and 12 3-foot wide by 30-foot long finger piers, with a total of 14 boat slips on the new dock, on the Perrin River at 9737 Cooks Landing Lane in Gloucester County. Staff recommends approval of the project with triple permit fees of $900.00 and a civil charge of $2,000.00.
THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.
