COMMISSION ACTIONS September 26, 2023

** APPROVAL OF AGENDA. THE COMMISSION UNANIMOUSLY APPROVED A MODIFIED AGENDA TO INCLUDE THE REMOVAL OF ITEM 7 FROM THE AGENDA.

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED BY UNANIMOUS VOTE.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). ITEMS 2A-2D WERE APPROVED BY UNANIMOUS VOTE.

3. CONSENT AGENDA ITEMS. NONE.

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. N/A

5. JEFF BANE, VMRC #2023-1170 Requests authorization to install 200 linear feet of quarry stone riprap revetment in front of an existing bulkhead at property on the Rappahannock River at 1142 Fort Lowry Lane in Essex County. The project is protested by both adjacent property owners. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

6. TIAN FEI and DEQUING LI, #2022-1708 Request after-the-fact authorization to retain approximately 250 linear feet of riprap revetment and to install 87 linear feet of new riprap adjacent to 1052 Ducking Point Trail along the Western Branch Lynnhaven River in the City of Virginia Beach. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

7. JOHN EDDY, NTC #2023-2069 Requests after-the-fact authorization to retain a 213 linear foot timber replacement bulkhead, with associated backfill, constructed 14 inches channelward of an existing bulkhead over State-owned subaqueous bottomlands adjacent to property situated along Potomac Creek at 18 Menne Drive in Stafford County. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

8. FIRST LANDING SEAFOOD COMPANY LLC., OYSTER PLANTING GROUND APPLICATION #2021-062 Requests authorization to lease approximately 40 acres of oyster planting ground in Broad Bay in the City of Virginia Beach. The application is protested by nearby property owners. COMMISSION UNANIMOUSLY APPROVED THE APPLICATION AS PRESENTED.

9. LYNNHAVEN OYSTER COMPANY LLC., OYSTER PLANTING GROUND APPLICATION #2021-041 Requests authorization to lease approximately 85 acres of oyster planting ground in Broad Bay in the City of Virginia Beach. The application is protested by nearby property owners. COMMISSION UNANIMOUSLY APPROVED THE APPLICATION AS PRESENTED.

10. PUBLIC COMMENTS Ms. Katherine Louthan shared her concerns about the effects of overfishing of menhaden on osprey and sportfish populations.

11. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-270-10 et seq., "Pertaining to Blue Crab Fishery," to amend the season and bushel limits for the remainder of the 2023 commercial crab pot fishery and to remove discretionary time of year restrictions on fish pots. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-270-10 ET SEQ., "PERTAINING TO BLUE CRAB FISHERY," TO AMEND THE SEASON AND BUSHEL LIMITS FOR THE 2023 COMMERCIAL CRAB POT FISHERY AND TO REMOVE DISCRETIONARY TIME OF YEAR RESTRICTIONS ON FISH POTS.

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A. CITY OF NORFOLK, VMRC #2022-1418 Requests authorization to conduct mechanical maintenance dredging of up to 10,000 cubic yards of submerged land within Haven Creek, to achieve depths of minus six (-6) feet mean low water from the Haven Creek public boat ramp to the Lafayette River Channel in the City of Norfolk. The material will be removed mechanically, and either offloaded at the bulkhead on site for transport via truck to an approved upland disposal site or loaded onto barges and transported to the Craney Island Rehandling Basin (CIRB) for disposal if available. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

B. LIVING RIVER RESTORATION TRUST, VMRC #2023-0937 Requests authorization to construct a mitigation oyster reef consisting of clean stone material up to 12-inches thick with a layer of spat on shell over approximately 3.2 acres (140,000 square feet) of subtidal, State-owned submerged land immediately offshore and south of the coal piers at Lamberts Point in the Elizabeth River in the City of Norfolk. The reef will be used to offset 0.49-acres of loss of SAV resulting from the Hampton Roads Bridge Tunnel expansion project and other future impacts resulting from public construction projects as may be required by the US Army Corps of Engineers. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

C. WESTROCK CP LLC, VMRC #2018-1790 Requests authorization to construct a 20 MGD replacement primary surface water intake, with one-millimeter screen slots and a maximum through-slot velocity of 0.25 feet per second, and to retrofit their existing auxiliary intake at their industrial facility on the James River in the City of Hopewell. The project will also include an offshore enclosure and walkway to house a new air burst system, six (6) 7-pile timber dolphins, and twenty-six (26) free-standing timber piles for protection from navigational strikes. Recommend approval contingent on the use of cushion blocks and "ramp-up" procedures during the installation of hollow steel pilings and restricting use of the auxiliary intake for routine maintenance of the primary intake from November to January of any year to maximize protection of smaller life stages of anadromous fishes and other estuarine organisms. Staff also recommends a royalty in the amount of $18,534 for the encroachment over 9,267 square feet of subaqueous bottom at the industrial rate of $2.00 per square foot. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

D. EDWARD WALTON, VMRC #2023-1756 Requests authorization to construct a 41-foot low profile groin with a 22-foot T-head situated along the Mattaponi River at 904 Brookshire Road in King and Queen County. The project requires a VMRC Wetlands Permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.