AGENDA December 5, 2023

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval).

3. CONSENT AGENDA ITEMS.

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL.

5. BRIAN TWIDDY, #23-1592 Requests authorization to construct a private, open-pile 5-foot by 270-foot pedestrian bridge across Elliot's Creek adjacent to property (TM #104D-1-31A) located on Sand Hill Drive in Northampton County. This project is protested.

6. JOHN EDDY, #23-2069 Requests after-the-fact authorization to retain and backfill a 210 linear foot timber replacement bulkhead aligned 14 inches (245 square feet) channelward of an existing failing bulkhead situated along Potomac Creek at 18 Menne Drive in Stafford County.

7. PUBLIC HEARING To increase regulatory efficiency by reducing redundant regulatory requirements, the Commission will consider proposals to repeal Chapters: 4 VAC 20-770-10 et seq., "Piankatank River Management Area," 4 VAC 20-780-10 et seq., "Patent Tong Restrictions," 4 VAC 20-790-10 et seq., "Open Public Oyster Rocks, Pocomoke Sound," 4 VAC 20-810-10 et seq., "Opening of John East Turn and Poynter Rocks and Closing Beaseley Bay Rock and Deep Creek Channel, Buoy No. 7," 4 VAC 20-830-10 et seq., "A Change in the Oyster Cull Size for Oysters Harvested from Russ Rock, Rappahannock River," 4 VAC 20-850-10 et seq., "Expansion of the Jail Island Clean Cull Area." 4 VAC 20-860-10 et seq., "A Change in the Oyster Cull Size for Oysters Harvested from Little Carters Rock, Rappahannock River".

8. PUBLIC HEARING To consider removal of a portion of Additional Clam Grounds as previously set aside by the Commission in 1929, within the Ware River, in response to Oyster Planting Ground Application #2022-021 submitted by South Bay Company LLC, who requests authorization to lease approximately 112 acres of oyster planting ground in Ware River in Gloucester County.

9. PUBLIC HEARING To consider removal of a portion of Additional Clam Grounds as previously set aside by the Commission in 1930, within the Ware River, in response to Oyster Planting Ground Application #2021-013 submitted by Mr. Richard Green, who requests authorization to lease approximately 250 acres of oyster planting ground in Ware River in Gloucester County.

10. PUBLIC COMMENTS

11. RECOMMENDATION Recommendations on funding requests from the Recreational and Commercial Fisheries License Funds.

PAGE 2 ITEMS

A. NORFOLK OFFICE OF RESILIENCE, #23-2013 requests authorization to install one (1) 24-inch diameter water line via horizontal directional drilling under the Eastern Branch of the Elizabeth River between Harbor Park and South Main Street in Norfolk. The line will be installed approximately 66 feet below the natural riverbed with no instream construction impacts. Recommend approval with inclusion of the Frac-Out Contingency Plan submitted with the application.

B. VERIZON VIRGINIA, LLC, #23-2282 requests authorization to install a 16-inch HDPE communications line a minimum of forty (40) feet below the riverbed of the Eastern Branch of the Elizabeth River via horizontal directional drilling between Harbor Park and South Main Street in the City of Norfolk. The line is needed to maintain current utility service in anticipation of the new Norfolk seawall installation in this location. Recommend approval with a royalty in the amount of $2,370.00 for the encroachment under 790 linear feet of state bottom at the standard rate of $3.00 per linear foot and the inclusion of the Drilling Fluid Contingency and Disposal Plan submitted with the application.

C. PRINCE GEORGE COUNTY, #23-0010 requests authorization to install a 24-inch water main under 411 linear feet of the Appomattox River, using horizontal drilling methodology, near the Rt 144 Bridge in Prince George and Chesterfield Counties. Staff recommends approval of the project as proposed with a special permit condition that the applicant agrees to follow the Frac-Out Monitoring and Response Plan provided in the application.

D. JAMES CITY COUNTY SERVICE AUTHORITY, #23-2034 requests authorization to replace an existing water main with a new 16-inch MECH-LOK ductile iron watermain over 595 linear feet of College Creek, by attachment to the Route 199 Bridge, in James City County.

E. COLUMBIA GAS TRANSMISSION, #23-0100 requests authorization to replace approximately 50 miles of existing, 12-inch diameter gas pipeline with 24-inch diameter gas pipeline, using the horizontal directional drill method, crossing seven (7) jurisdictional waterways in Isle of Wight County, Suffolk, and Chesapeake, and to impact tidal wetlands for the widening of an access road associated with pipeline replacement in the City of Chesapeake. The project requires a VMRC wetlands and subaqueous permit. Recommend approval with a royalty in the amount of $6,810.00 for the encroachment under 2,270 linear feet of state bottom at the standard rate of $3.00 per linear foot and permit condition that the applicant agrees to follow the Frac-Out Monitoring and Response Plan provided in the application.

F. NORTHERN NECK CONSTRUCTION, #23-2014 requests authorization to install a 214 linear foot riprap revetment, aligned landward of mean low water, adjacent to the James River at 12100 Ganesh Lane in Chesterfield County. The project requires a VMRC wetlands permit.

FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT MANAGEMENT PROJECTS ON THIS AGENDA.