COMMISSION ACTIONS February 28, 2023

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

1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES AS WRITTEN.

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

3. CONSENT AGENDA ITEMS. THE COMMISSION APPROVED ITEMS 2A, 2B AND 2C BY UNANIMOUS VOTE.

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

5. PRINCE GEORGE COUNTY, #19-0544 Requests authorization to install an 8.35 MGD raw water intake in the Appomattox River, at N37.31374, W-77.34510 extending channelward from the southern bank of the River approximately 0.57 miles upstream of the Interstate 295 Bridge in Prince George County. The project is protested. THE COMMISSION VOTED 5-2 TO APPROVE THE PROJECT AS PROPOSED WITH ASSOCIATE COMMISSIONERS MINOR AND FRANCE VOTING IN OPPOSITION.

6. CHESTERFIELD COUNTY DEPARTMENT OF UTILITIES, #20-0085 Requests authorization to install a 29.8 MGD raw water intake structure in the Appomattox River, at N37.31541, W-77.33619 extending channelward from the northern bank of the River immediately upstream of the Interstate 295 bridge crossing in Chesterfield County. The project is protested. THE COMMISSION VOTED 6-1 TO APPROVE THE PROJECT AS PROPOSED WITH ASSOCIATE COMMISSIONER FRANCE VOTING IN OPPOSITION.

7. MARSHALL FEASTER, #22-1371 Requests authorization to construct an 85 linear foot offshore stone breakwater with sand nourishment adjacent to property (1988 Sand Hill Drive) as part of a system of breakwaters in the Sand Hill subdivision, adjacent to the Chesapeake Bay in the County of Northampton. The project is protested by a nearby property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

8. MITCHELL and WENDY HUBBARD, #22-1940 Request authorization to construct a 180 linear foot offshore stone breakwater with sand nourishment adjacent to property (Tax Map #104D-1-10A1 and #104D-1-12A) as part of a system of breakwaters in the Sand Hill subdivision, adjacent to the Chesapeake Bay in the County of Northampton. The project is protested by a nearby property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

9. BAYFRONT DLB LLC, #22-2078 Requests authorization to construct an 85 linear foot offshore stone breakwater with sand nourishment adjacent to property (1944 Sand Hill Drive) as part of a system of breakwaters in the Sand Hill subdivision, adjacent to the Chesapeake Bay in the County of Northampton. The project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

10. BRUCE BRADLEY, #22-2190 Requests authorization to construct a 150 linear foot offshore stone breakwater with sand nourishment adjacent to property (1426 Elliot's Creek Lane) as part of a system of breakwaters in the Sand Hill subdivision, adjacent to the Chesapeake Bay in the County of Northampton. The project is protested by a nearby property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

11. DUNE BRIDGE LLC, #22-2249 Requests authorization to construct an 85 linear foot offshore stone breakwater with sand nourishment from mean low water to the landward side of the breakwater adjacent to property (1428 Elliot's Creek Lane) as part of a system of breakwaters in the Sand Hill subdivision, adjacent to the Chesapeake Bay in the County of Northampton. The project is protested by a nearby property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

12. MICHAEL ANDERSON, #23-0013 Requests authorization to construct an 85 linear foot offshore stone breakwater with sand nourishment adjacent to property (Tax Map #104D-1-7) as part of a system of breakwaters in the Sand Hill subdivision, adjacent to the Chesapeake Bay in the County of Northampton. The project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

13. BRAD and SARAH HUDSON, #22-0621 Request authorization to construct a 532 square foot open-sided boathouse adjacent to a statutorily authorized private pier in Dogue Creek serving riparian property situated at 4517 Carlby Lane in Fairfax County. The project is protested by both adjacent property owners. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

14. PUBLIC COMMENTS There were no public comments.

15. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," to terminate the Recreational Cobia Mandatory Reporting Program (RCMRP) and associated species permit. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA," TO TERMINATE THE RECREATIONAL COBIA MANDATORY REPORTING PROGRAM (RCMRP) AND ASSOCIATED SPECIES PERMIT.

16. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1090-10 et seq., "Pertaining to Licensing Requirements and License Fees", to provide an option to purchase a multiyear resident recreational saltwater fishing license. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-1090-10 ET SEQ., "PERTAINING TO LICENSING REQUIREMENTS AND LICENSE FEES" TO CREATE MULTIYEAR RESIDENT SALTWATER FISHING LICENSES OF TWO, THREE, AND FOUR YEARS WITH AN ASSOCIATE FEE OF $33.50, $49.50, AND $65.50, RESPECTIVELY. SALES OF THESE LICENSES WILL BEGIN FOR THE 2023 FISHING YEAR.

17. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1270-10 et seq., "Pertaining to Atlantic Menhaden," to establish the percentage Virginia receives of the coastwide total allowable catch per Addendum I to Amendment 3 of the Interstate Fishery Management Plan for Atlantic Menhaden. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-1270-10 ET SEQ., "PERTAINING TO ATLANTIC MENHADEN", TO ESTABLISH THE PERCENTAGE VIRGINIA RECEIVES OF THE COASTWIDE TOTAL ALLOWABLE CATCH PER ADDENDUM I TO AMENDMENT 3 OF THE INTERSTATE FISHERY MANAGEMENT PLAN FOR ATLANTIC MENHADEN.

18. DISCUSSION Request for approval of the 2023 Oyster Replenishment and Restoration Plan (ORP) and the Associated Procurements Procedures. THE COMMISSION VOTED UNANIMOUSLY FOR APPROVAL OF THE 2023 OYSTER REPLENISHMENT AND RESTORATION PLAN (ORP) AND THE ASSOCIATED PROCUREMENTS PROCEDURES.

19. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to adjust the public oyster harvest seasons. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-720-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON OYSTER HARVEST," TO EXTEND THE PUBLIC OYSTER HARVEST SEASONS BY 10 CALENDAR DAYS IN SEVERAL AREAS SCHEDULED TO CLOSE ON FEBRUARY 28TH.

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A. NATIONAL PARK SERVICE, #22-2107 Requests authorization to install shoreline stabilization structures and clean sand fill and plantings adjacent to the Colonial Parkway near Indian Field Creek Bridge situated along the York River in York County. Components include: one (1) riprap revetment, six (6) stone sills, and five (5) stone spurs, with clean sand fill and plantings. The project will also install temporary barge ports for construction access. A temporary turbidity curtain will be installed, as necessary. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

B. CITY OF VIRGINIA BEACH, #22-1091 Requests authorization to maintenance dredge 119,300 cubic yards of state-owned submerged lands within the Eastern Branch Lynnhaven River in Virginia Beach. Dredging will occur mechanically on an as-needed basis to achieve a maximum depth of -7 feet mean low water. Dredged spoils will be offloaded at the Cripple Creek Dredge Material Transfer Facility and will be truck-hauled to the Whitehurst Dredge Material Management Area in Virginia Beach. Staff recommends approval with the standard dredge conditions and a time-of-year restriction between June 1st – September 30th, for all work situated north of Trants Point. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

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A. VIRGINIA ELECTRIC AND POWER COMPANY, #22-1392 Requests authorization to retain four (4) oil booms and two (2) metal debris guards and absorbent socks located at the Chesterfield Power Station (500 Coxendale Road) situated along the James River in Chesterfield County. This project requires both a tidal wetlands permit and a subaqueous permit. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

B. CAROL ASHINOFF, #22-2109 Requests after-the-fact authorization to retain 225 linear feet of riprap revetment placed channelward of the existing bulkhead at 1233 North Bay Shore Drive along Linkhorn Bay in the City of Virginia Beach. Staff recommends approval with triple permit fees of $900.00, which the applicant has agreed to pay, and a civil charge of $3,000.00, which the contractor has agreed to pay. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

C. THOMAS WALLER, Jr., #22-0680 Requests after-the-fact authorization to retain 12 timber piles and complete construction of two (2) parallel 60-linear foot sheet pile groins, as a channelward extension of existing groins, at the mouth of a tidal drainage ditch at property (4124 Battle Point Road) adjacent to the Chesapeake Bay in the County of Northampton. Piles for the groin extensions were installed without prior authorization before a Stop Work Order was issued. Staff recommends approval with triple permit fees of $900.00, triple royalties of $180.00, which the applicant has agreed to pay, and a civil charge of $1,000.00, which the contractor, Kestral Marine, has agreed to pay. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.