COMMISSION ACTIONS April 25, 2023

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS AMENDED. ITEM 2E WAS REMOVED FROM THE AGENDA DUE TO A PUBLIC OBJECTION.

1. MINUTES of previous meeting. THE COMMISSION VOTED TO APPROVE THE MINUTES AS WRITTEN WITH SEVEN IN FAVOR AND ONE ABSTENTION BY ASSOCIATE COMMISSIONER LUSK.

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

3. CONSENT AGENDA ITEMS. NONE.

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

5. DISCUSSION Staff presentation on VMRC's new Abandoned or Derelict Vessel (ADV) Grant Program and a Commission review of application ADV-23-01 by the City of Norfolk to reimburse for the removal and disposal of a sunken vessel at Willoughby Boat Ramp, in Willoughby Bay. THE COMMISSION APPROVED THE APPLICATION BY UNANIMOUS VOTE.

6. ARMY CORPS OF ENGINEERS and CITY OF VIRGINIA BEACH, #22-0999 Requests authorization to construct a 23.2-acre artificial oyster restoration reef consisting of 6-inches of crushed stone topped with 6-inches of fossil oyster shell veneer (maximum height of 12 inches) located south of Bay Island within Broad Bay as part of Phase II of the Lynnhaven River Basin Ecosystem Restoration Project in Virginia Beach. This project is protested by numerous nearby property owners. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

7. RODNEY EMMONS, #21-1951 Requests after-the-fact authorization to retain a 24' x32' (768 square feet) open-sided dual slip boathouse with lifts and associated catwalks, a 12'x18' (216 square feet) gazebo roof structure, and a 630 square foot L-head, at the channelward end of a statutorily authorized private pier, adjacent to riparian property along Occoquan Bay at 903 Bay Circle in Prince William County. THE COMMISSION APPROVED AFTER-THE-FACT AUTHORIZATION OF THE PIER AND BOATHOUSE BY UNANIMOUS VOTE. THE COMMISSION ADDITIONALLY ASSESSED A $9,000 CIVIL CHARGE AGAINST THE CONTRACTOR FOR HIS ROLE IN THE UNAUTHORIZED CONSTRUCTION.

8. JAMES WHITT, #21-2437 Requests authorization to construct a private timber wharf, a timber deck, and an open-sided boathouse serving 2961 Sand Bend Road situated within the Back Bay Subdivision along a cove to Back Bay in the City of Virginia Beach. This project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY A VOTE OF 6 TO 2 WITH ASSOCIATE COMMISSIONERS FRANCE AND BRANSOM VOTING AGAINST.

9. PUBLIC COMMENTS Mr. Rickey Hall, waterman, made a public comment inquiring about his eligibility for an Oyster User Fee.

10. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to establish the 2023 recreational management measures for this species. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS," TO OPEN THE 2023 RECREATIONAL BLACK SEA BASS FISHERY FROM MAY 15 THROUGH JULY 6 AND FROM AUGUST 9 THROUGH DECEMBER 31.

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A. SMITH IRON & METAL CO. INC., #22-1109 Requests authorization to construct a marine terminal with a 410 linear foot steel bulkhead, one (1) 111-foot long by 73-foot wide dry dock, three (3) timber pile mooring dolphins, and 58,000 cubic yards of mechanical maintenance dredging, to a maximum depth of -20 feet below mean low water, at property (1304 Bellwood Road) along a man-made basin and section of the James River in Chesterfield County. A turbidity curtain will be installed at the mouth of the basin prior to dredging operations and bulkhead construction. This project requires both a tidal wetlands permit and a subaqueous permit, previously permitted under #12-0558. Impacts to vegetated tidal wetlands remain unchanged from the issued permit and were previously mitigated. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

B. HUNTINGTON INGALLS INC-NEWPORT NEWS SHIPYARD, #22-0898 Requests authorization to construct a pump house with five (5) river water intakes and related wave barrier at Newport News Shipbuilding's Pier 9 situated along the James River in the City of Newport News. The pump house will supply cooling water while nuclear submarines are constructed and, in the event of an emergency, will be used for fire protection. The intakes will be fitted with 3/8-inch screen slots and a maximum through-slot velocity of 0.4 foot per second for an average of 0.924 MGD. The maximum through-slot velocity will only be necessary to address emergency situations. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

C. RIVER PORT, LLC, #23-0142 Requests authorization to construct a 500 linear foot by 3-foot wide floating security barrier system at the end of Pier 14 and Pier 15 at the River Port Facility (1201 Terminal Avenue) situated along the James River in the City of Newport News. The barrier system will be attached to the piers by two (2) 45-foot by 20-foot barges anchored by two (2) 5-foot diameter steel hollow piles. The use of cushion blocks and "ramp-up" procedures will be required during the installation of hollow steel pilings. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

D. VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS, #23-0403 Requests authorization to nourish approximately 2,900 linear feet of the existing Croatan Beach shoreline to a maximum distance of 220 feet channelward of mean low water between Rudee Inlet to the north and Camp Pendleton to the South, situated along the Atlantic Ocean in Virginia Beach. Approximately 150,000 cubic yards of beach quality sand will be hydraulically placed on the beach from material dredged from the Atlantic Ocean Channel deepening project. Staff recommends approval of the project as proposed with the following special conditions: 1. Permittee agrees to provide a post-nourishment beach survey referenced to mean low water within 30 days of the completion of activities; 2. Permittee agrees to daily monitoring for sea turtle nesting on Croatan Beach in coordination with Virginia Aquarium personnel. Any turtle nest located must be identified and protected from nourishment activities. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.