COMMISSION ACTIONS January 26, 2021

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS MODIFIED TO REFLECT THE REMOVAL OF ITEM 2B (CARTERS GROVE ASSOCIATES INC, #20-1934) FROM THE AGENDA.

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED BY A VOTE OF 8 TO 0 WITH ONE ABSTENTION (ASSOCIATE COMMISSIONER BALLARD ABSTAINED).

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

3. CONSENT AGENDA ITEMS. NONE

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

5. MOUNTAIN VALLEY PIPELINE, LLC, #20-2125 Requests authorization to install turbidity monitors in multiple streams with drainage areas greater than five (5) square miles, which are considered to be state-owned subaqueous bottomlands of the Commonwealth, to monitor suspended sediment levels instream along the designated pipeline corridor in Giles, Montgomery, Franklin, Roanoke and Pittsylvania Counties. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS SUBMITTED WITH A PERMIT CONDITION THAT ALLOWS FOR ANY MONITOR TO BE RELOCATED UP OR DOWNSTREAM, WITHIN THE SAME WATERWAY AS ORIGINALLY AUTHORIZED, PROVIDED THE NEW LOCATION HAS THE CONSENT OF THE FEDERAL ENERGY REGULATORY COMMISSION AND THE ADJACENT RIPARIAN PROPERTY OWNER.

6. KEVIN OLSEN, #20-1276 Requests authorization to install a 14-foot by 28-foot open-sided boathouse along the Piankatank River on a statutorily exempt private pier along the Piankatank River at 6407 Holly Trail in Gloucester County. The project is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS SUBMITTED.

7. CITY OF SALEM, #19-1802 Requests authorization to amend the permit issued to include the installation of a work platform, measuring 27 feet by 45 feet, suspended beneath the Mill Lane Roadway Bridge a minimum of 12 inches above the ordinary high water mark of the Roanoke River to allow access for bridge repair work. The project is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE REQUESTED PERMIT MODIFICATION AS SUBMITTED.

8. VIRGINIA ELECTRIC AND POWER COMPANY, #18-0725 / #20-1666 Requests after-the-fact authorization to retain two (2) temporary construction platforms associated with an existing permit to cross the Rappahannock River with a submarine cable adjacent to the Route 3 Robert O. Norris Bridge between Middlesex and Lancaster Counties that were constructed outside of their permitted locations. The northern platform was constructed 1,160 feet shoreward, and the southern platform was constructed 310 feet shoreward of the locations authorized by permit. Also requesting authorization to disturb up to 3.5 acres of subaqueous bottom by hydraulic jetting method, and installation of turbidity curtains and articulated concrete protective mattresses associated with the over-boarding of the cables at the temporary work platform locations where the cables were spliced together. THE COMMISSION VOTED 7 TO 2 TO APPROVE THE AFTER-THE-FACT REQUEST (#18-0725) TO ALLOW THE TWO (2) TEMPORARY CONSTRUCTION PLATFORMS TO REMAIN IN THEIR UNAUTHORIZED LOCATIONS UNTIL COMPLETION OF THE PROJECT WITH ACCEPTANCE OF A CIVIL CHARGE FROM BOTH VEPCO (PERMITTEE) AND MEARS (CONTRACTOR) IN THE AMOUNT OF $10,000.00 PER PLATFORM, GIVEN THE MAXIMUM DEGREE OF DEVIATION AND ENVIRONMENTAL IMPACT, FOR A TOTAL OF $40,000.00 IN LIEU OF PURSUING FURTHER ENFORCEMENT ACTIONS. ASSOCIATE COMMISSIONERS TANKARD AND BALLARD VOTED NAY. THE COMMISSION ALSO VOTED UNANIMOUSLY TO APPROVE THE REQUEST FOR THE INSTALLATION OF THE CABLES AND PROTECTIVE CONCRETE MATTRESSES, UNDER VMRC #20-1666, AT BOTH EXISTING SPLICE POINT LOCATIONS WITH THE FOLLOWING PERMIT CONDITIONS: 1. ALL JETTING OPERATIONS AT THE NORTH PLATFORM SHALL OCCUR ONLY DURING EBB TIDE (OUTGOING) PERIODS TO REDUCE THE LIKELIHOOD OF RESUSPENDED SEDIMENTS COVERING THE NATURAL OYSTER ROCK UPSTREAM OF THE NORTH PLATFORM WORK AREA, AND THAT AN INDEPENDENT MONITOR BE PRESENT ON THE NORTH PLATFORM TO OBSERVE AND REPORT TO ENSURE THIS CONDITION IS COMPLIED WITH; 2. A BUBBLE CURTAIN SHALL BE DEPLOYED BETWEEN THE NORTH PLATFORM WORK AREA AND THE NATURAL OYSTER ROCK UPSTREAM DURING ALL JETTING OPERATIONS; 3. VEPCO SHALL PAY A TOTAL OF $69,000.00 TO COMPENSATE FOR IMPACTS TO 3.45 ACRES OF NATURAL RIVER BOTTOM ($20,000.00 PER ACRE) ASSOCIATED WITH THE OVERBOARDING OPERATION AT BOTH PLATFORM LOCATIONS. SUCH PAYMENT SHALL BE MADE TO FUNDS WITHIN THE OYSTER REPLENISHMENT DEPARTMENT FOR OYSTER REEF CONSTRUCTION.

9. PUBLIC HEARING Commission consideration for adoption of a Guideline Document Concerning Oyster Planting Grounds Lease Renewal Approval, Lease Renewal Denial, and Commission Hearings for Lease Renewal Denials. This document is proposed for adoption to provide for better transparency for such renewal reviews, denials and hearings, pursuant to the Code of Virginia Chapter 6, Article 2, General Oyster-Planting Grounds, Section 28.2-613. A MOTION TO ACCEPT STAFF'S RECOMMENDATION TO ADOPT THE PROPOSED GUIDELINES FAILED ON A VOTE OF 4 TO 5. ASSOCIATE COMMISSIONERS FRANCE, TANKARD, LUSK, MINOR AND BALLARD VOTED AGAINST THE MOTION. UPON A NEW MOTION, THE COMMISSION VOTED UNANIMOUSLY TO CONTINUE THE MATTER FOR 60 DAYS.

10. PUBLIC COMMENTS There were no public comments.

11. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass", to modify the reporting requirements for the February recreational season and to clarify the size of the degradable panel required on commercial fish pots. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS", TO MODIFY THE REPORTING REQUIREMENTS FOR THE FEBRUARY RECREATIONAL SEASON AND TO CLARIFY THE SIZE OF THE DEGRADABLE PANEL REQUIRED ON COMMERCIAL FISH POTS.

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder", to modify the landing dates, possession limits and landing limits for summer flounder commercially harvested offshore (federal waters) and landed in Virginia. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-620-10 ET SEQ.,"PERTAINING TO SUMMER FLOUNDER," TO MODIFY THE LANDING DATES, POSSESSION LIMITS, AND LANDING LIMITS FOR SUMMER FLOUNDER COMMERCIALLY HARVESTED OFFSHORE (FEDERAL WATERS) AND LANDED IN VIRGINIA.

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A. DEPARTMENT OF WILDLIFE RESOURCES, #2018-1899 Requests authorization to install a total of 18 riprap breakwaters (25 feet by 132 feet each) with landward sand nourishment and vegetative plantings, establishing approximately 6,150 linear feet of living shoreline along the Hog Island Wildlife Management Area, situated along the James River in Surry County. Installation will occur in stages designated by work zones, with each work zone surrounded by floating turbidity barriers with weighted skirts extending to the bottom. In addition, all failed gabion structures along the eastern shoreline will be removed prior to construction. ITEM 2A WAS UNANIMOUSLY APPROVED BY THE COMMISSION.

B. CARTERS GROVE ASSOCIATES INC, #20-1934, Requests authorization to install nine (9) 175 linear foot armor stone breakwaters, two (2) 206-linear foot armor stone breakwaters, and a 200-linear foot armor stone breakwater, to create a 4300 linear foot, gapped breakwater system which will be backfilled with 78,000 cubic yards of clean sand fill (90% sand) and ten (10) temporary mooring buoys to anchor construction barges, adjacent to the James River at 8797 Pocahontas Trail at Carters Grove in James City County. Staff recommends a royalty of $7942.20 for the encroachment of the sand fill over 158,844 square feet of State-owned submerged land at a rate of $0.05 per square foot. Staff further recommends a special condition, requiring the Permittee to deploy a turbidity curtain surrounding the breakwater construction between February 15 and June 30 of any year and that, no breakwater structures will encroach into the buffer zone identified by side scan sonar around the historically significant pier alignment, known as "Grove whf." PULLED FROM THE AGENDA AT THE APPLICANT'S REQUEST.