COMMISSION ACTIONS June 27, 2023

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

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 BY UNANIMOUS VOTE.

3. CONSENT AGENDA ITEMS. NONE.

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

5. DISCUSSION Staff presentation of applications ADV-23-03 by the City of Poquoson for $16,500, ADV-23-04 by the City of Virginia Beach for $275,000, and ADV-23-05 by the City of Portsmouth for $35,000 in advance funds to remove and dispose of identified abandoned or derelict vessels within each locality. THE COMMISSION APPROVED THE APPLICATIONS BY UNANIMOUS VOTE.

6. ROBERT HOGGE, JR. Commission review of two (2) unauthorized floating docks currently situated over state-owned subaqueous bottom near the mouth of Deep Creek in the City of Newport News. THE COMMISSION VOTED UNANIMOUSLY TO REFER THE MATTER TO THE OFFICE OF THE ATTORNEY GENERAL FOR FURTHER ENFORCEMENT ACTION.

7. DOMINION ENERGY VIRGINIA, #22-1183 Requests authorization to install nine (9) 230 kV submarine high-voltage alternating-current offshore export cables placed a minimum of eight (8) feet below state-owned submerged bottomlands via plowing and tunneling within the Atlantic Ocean from the three nautical mile boundary of the Commonwealth's territorial sea to the State Military Reservation (SMR, formally Camp Pendleton); install temporary cofferdams or permanent concrete mattresses, and temporary pilings to facilitate cable installation; and to aerially cross three (3) jurisdictional streams in Virginia Beach with up to four (4) 230 kV electrical circuits to support the Coastal Virginia Offshore Wind Project. The project is protested. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY A VOTE OF 5 TO 1 WITH ASSOCIATE COMMISSIONER ERSKINE VOTING AGAINST.

8. VLADIMIR ARANA and RUTH BENITEZ, #23-0287 Request authorization to construct two (2) 5-foot-wide finger piers, one (1) gangway, and an 18-foot by 33-foot open-sided boathouse roof with a lift adjacent to an existing private pier serving 7671 Cypress Drive situated along the Chickahominy River in James City County. The project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

9. ANDREW M COCKRELL Request for after-the-fact approval for the modification and expansion of boundaries to a previously approved Joint Permit Application within the Great Wicomico River in Northumberland Country. The expansion will include up to 5.27 acres within the footprint of oyster planting ground lease # 22845. THE COMMISSION DENIED THE PROJECT AS PROPOSED 7-0-1.

10. PUBLIC COMMENTS There were no public comments.

11. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass", to implement a 31-inch maximum size limit for striped bass recreational fisheries. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO THE TAKING OF STRIPED BASS," TO CHANGE THE MAXIMUM SIZE LIMIT FOR STRIPED BASS FOR THE VIRGINIA COASTAL SEASON, CHESAPEAKE BAY FALL SEASON, AND THE POTOMAC RIVER TRIBUTARIES SUMMER/FALL SEASON FROM 36 INCHES TO 31 INCHES.

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-270-10 et seq., "Pertaining to Blue Crab Fishery," to establish management measures, including season and bushel limits, for the 2023-2024 commercial crab fisheries. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-270-10 ET SEQ., "PERTAINING TO BLUE CRAB FISHERY," TO ESTABLISH MANAGEMENT MEASURES, INCLUDING SEASON AND BUSHEL LIMITS, FOR THE 2023-2024 COMMERCIAL CRAB FISHERIES AND TO HOLD A CRAB MANAGEMENT ADVISORY COMMITTEE MEETING PRIOR TO SEPTEMBER 1 TO DISCUSS FALL BUSHEL LIMITS.

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters" to close the December 1, 2023 through March 31, 2024 winter commercial crab dredge fishing season, in accordance with the provisions of Section 28.2-707 of the Code of Virginia. THE COMMISSION VOTED 5-2 TO AMEND CHAPTER 4 VAC 20-1140-10 ET SEQ., "PROHIBITION OF CRAB DREDGING IN VIRGINIA WATERS," TO CLOSE THE DECEMBER 1, 2023 THROUGH MARCH 31, 2024 WINTER COMMERCIAL CRAB DREDGE FISHING SEASON, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 28.2-707 OF THE CODE OF VIRGINIA.

14. RECOMMENDATION Marine Fishing Improvement Fund Grant Proposals for Consideration. THE COMMISSION VOTED UNANIMOUSLY TO FUND TWO PROJECTS TOTALING $172,701 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF).

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A. BRG LITTLE CREEK, LLC, #23-0423 Requests authorization to make modifications at the existing Cutty Sark Marina to include: (4) uncovered boat lifts, (3) 18' by 40' floating kayak/jet ski launch platforms, (20) new finger piers on Dock A, and (10) new finger piers on Dock B, with removal and replacement of mooring piles as needed to create 73 additional slips at property on Little Creek at 4707 Pretty Lake Avenue in the City of Norfolk. Recommend a royalty of $68,760.00 for the encroachment over 45,840 square feet of state-owned subaqueous bottom at a rate of $1.50 per square foot. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.