COMMISSION ACTIONS October 24, 2023

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

1. MINUTES of previous meeting. THE MODIFIED MINUTES WERE APPROVED BY UNANIMOUS VOTE. [audio]

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

3. CONSENT AGENDA ITEMS. NONE

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

5. WESTMINSTER-CANTURBURY ON CHESAPEAKE BAY, #2023-1120 Commission review on freeholder appeal of the City of Virginia Beach September 18, 2023, Wetlands Board decision to approve a request to construct a new public beach access walkway adjacent to the proposed Westminster-Canterbury Chesapeake Bay campus expansion situated at property (GPIN 1590-10-0956) off Ocean Shore Avenue along the Chesapeake Bay in the City of Virginia Beach. THE COMMISSION VOTE TO UPHOLD THE VIRGINIA BEACH LOCAL WETLANDS BOARD'S DECISION BY UNANIMOUS VOTE. [audio]

6. PUBLIC HEARING Proposed General Permit for "Utility Line Encroachments Beneath or Over State-Owned Subaqueous Beds" Chapter 4 VAC 20-1410-10 Et Seq. This general permit is intended to increase efficiency in the Habitat Management review and approval of proposed projects involving the installation of utility lines that do not require instream construction activities upon state-owned subaqueous beds. ITEM 6 WAS APPROVED BY UNANIMOUS VOTE. [audio]

7. PUBLIC HEARING Update of the Commission's Subaqueous Guidelines developed pursuant to requirements of SB 1074 and HB 2181 by the 2023 General Assembly and §28.2-1203 A.9 of the Code of Virginia. ITEM 7 WAS APPROVED BY UNANIMOUS VOTE. [audio]

8. DISCUSSION Commission review of application ADV-23-06 by the City of Virginia Beach in the amount of $30,925 to reimburse for the removal and disposal three derelict vessels. ITEM 8 WAS APPROVED BY UNANIMOUS VOTE. [audio]

9. PETITIONER The Commission will render a decision under § 2.2-4023.1, on a Petition for Reconsideration pertaining to final decisions on oyster planting ground applications #2021-041 and #2021-062 that were approved at the September 2023 Commission meeting. THE COMMISSION VOTED 6-1 TO DENY THE PETITIONER'S REQUEST. [audio]

10. PUBLIC COMMENTS Mr. Andy Cortez spoke about the Governor's Code of Conduct as it relates to conflicts of interest. Ms. Debbie Campbell encouraged the Commission to look into best practices for notifying citizens about applications to the Commission and meetings where applications will be heard. Four members of the public spoke about the relationship between ospreys and menhaden. [audio]

11. PETITIONER Petitioner Bill Dunn requests, "Petition for regulation to ensure proper gear type use in Virginia Waters pertaining to depth of current purse seine nets utilized and its relationship to the depth of waters within the Chesapeake Bay waters by the Menhaden purse seine net fishery." THE COMMISSION VOTED 5-0-1 TO DENY THE PETITIONER'S REQUEST. [audio]

PAGE 2 ITEMS

2A. NORFOLK NAVAL SHIPYARD, #2023-1975 Requests authorization to install 578 linear feet of temporary steel containment retaining wall placed 25 feet channelward of the existing berth face structure; place sand fill over the existing submerged bottom in the vicinity of the containment wall to prevent pollutant release; install and backfill 378 linear feet of permanent steel bulkhead at the existing berth face; and to place sand fill and stone armor for scour protection between the permanent bulkhead and the temporary retaining wall as part of a reconstruction of Berths 40 and 41 at Dry Dock 8 serving the Norfolk Naval Shipyard, situated along the Southern Branch Elizabeth River in the City of Portsmouth. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE. [audio]