AGENDA October 25, 2022

** 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. PETITIONER Menhaden Petition for the Governor's Consideration.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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



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