COMMISSION ACTIONS July 25, 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 BY A VOTE OF 5 TO 0 WITH ASSOCIATE COMMISSIONER LUSK ABSTAINING.

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. THE COMMISSION APPROVED ITEMS 3A BY UNANIMOUS VOTE.

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

5. 2645 EAST RIVER ROAD, LLC, #22-2373 Requests authorization to remove an unauthorized second private pier, to construct a new tending pier with three (3) mooring piles and a new concrete boat ramp along the East River at 2645 East River Road in Mathews County. The project is protested. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

6. PUBLIC COMMENTS Ms. Julie Kacmarcik, representing the Richmond Audubon Society, spoke about her concern on the availability of Atlantic menhaden for osprey living in the lower Chesapeake Bay. She asked if Dr. Bryan Watts from William and Mary could come speak on results from his osprey studies. Associate Commissioner Will Bransom asked the Commission to consider this, and Commissioner Green asked for clarification from Dr. Mark Luckenbach from VIMS. Dr. Luckenbach explained how VIMS was tasked by the General Assembly to create a research proposal to address the Chesapeake Bay menhaden population, amongst other issues, and it's possible that proposal could be presented to the Commission in September. Commissioner Green assured Ms. Kacmarcik that VMRC would stay in contact with VIMS. Mr. John Tyson presented photos from the Rappahannock River. He expressed his concern about the purse seine menhaden fishery and the state of the river after they are done fishing. He also is concerned about the depth of the river vs. the depth of the nets – he believes the nets are dragging on the bottom whenever they fish in the river. He stated that there are many other areas these boats could fish that would reduce the impact on his family's use of the river.

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A. SHIRLEY-BRANCH JOINT VENTURE, #23-0392 Requests authorization to widen and replace portions of the Interstate 64 bridges crossing of Hampton River and Hampton Branch and Brights Creek in association with the I-64 Hampton Roads Express Lanes Segment 4C Road Widening Project between LaSalle Avenue and Settlers Landing Road in the City of Hampton. Staff recommends approval of the project with a special condition requiring the use of cushion blocks and "ramp-up" procedures during the installation of hollow steel pilings. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

B. JOHNNIE GODDARD, ET AL., #22-2419 Requests authorization to construct one (1) 180 linear foot riprap revetment, one (1) 36 linear foot riprap sill, one (1) 61 linear foot riprap sill, and 100 cubic yards of clean sand fill and plantings at properties (9, 11, and 15 W. Governor Drive and 2 Blacksmythe Lane) situated along the Warwick River in the City of Newport News. This project requires both a beach and dune permit and subaqueous permit. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

C. DAVID McCAULEY, #23-1250 Requests authorization to construct 54 linear feet of riprap revetement channelward of an existing bulkhead at property (2204 Chesapeake Avenue) in the City of Hampton. This project requires both a beach and dune permit and a subaqueous permit. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

D. ADVANSIX, #22-0656 Requests authorization for a single maintenance dredge via mechanical method up to 40,000 cubic yards of state-owned submerged land to a maximum depth of -28 feet at mean low water (MLW) adjacent to their commercial facility situated along the James River in the City of Hopewell, and to conduct overboard disposal at a previously used disposal site in the James River located north of the Federal Navigation Channel and south of Eppes Island in the City of Hopewell. Staff recommends approval of the project with special permit conditions for a time-of-year restriction for instream work of February 15 through June 30 and August 1 through November 15, our standard dredging special permit conditions, and a requirement that the applicant seek beneficial use alternatives of dredged materials for future dredging activities. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

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A. EDWARD AUGUSTINE, #22-0048 Requests after-the-fact authorization to retain unauthorized modifications to the existing private pier serving 1044 Curlew Drive situated along Little Neck Creek in the City of Virginia Beach. The applicant has agreed to pay triple permit fees and the contractor has agreed to pay a $3,000.00 civil charge in lieu of further enforcement action. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.