COMMISSION ACTIONS December 5, 2023

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

1. MINUTES of previous meeting. THE MODIFIED MINUTES WERE APPROVED 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). ITEM 2A, 2B, 2C, 2D, AND 2F WERE APPROVED BY UNANIMOUS VOTE. ITEM 2E WAS HEARD AS A FULL PUBLIC HEARING DUE TO OBJECTIONS FROM THE PUBLIC.

3. CONSENT AGENDA ITEMS. NONE.

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

5. BRIAN TWIDDY, #23-1592 Requests authorization to construct a private, open-pile 5-foot by 270-foot pedestrian bridge across Elliot's Creek adjacent to property (TM #104D-1-31A) located on Sand Hill Drive in Northampton County. This project is protested. REMOVED FROM THE AGENDA AT THE REQUEST OF THE APPLICANT.

6. JOHN EDDY, #23-2069 Requests after-the-fact authorization to retain and backfill a 210 linear foot timber replacement bulkhead aligned 14 inches (245 square feet) channelward of an existing failing bulkhead situated along Potomac Creek at 18 Menne Drive in Stafford County. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AFTER-THE-FACT PROPOSAL AS REQUESTED. MR. EDDY WAS ASSESSED A TRIPLE FEE AND ROYALTY. THE COMMISSION ALSO VOTED UNANIMOUSLY TO REFER THE CONTRACTOR, SHORELINE SERVICES, TO THE OFFICE OF THE ATTORNEY GENERAL FOR FURTHER ENFORCEMENT ACTION.

7. PUBLIC HEARING To increase regulatory efficiency by reducing redundant regulatory requirements, the Commission will consider proposals to repeal Chapters: 4 VAC 20-770-10 et seq., "Piankatank River Management Area," 4 VAC 20-780-10 et seq., "Patent Tong Restrictions," 4 VAC 20-790-10 et seq., "Open Public Oyster Rocks, Pocomoke Sound," 4 VAC 20-810-10 et seq., "Opening of John East Turn and Poynter Rocks and Closing Beaseley Bay Rock and Deep Creek Channel, Buoy No. 7," 4 VAC 20-830-10 et seq., "A Change in the Oyster Cull Size for Oysters Harvested from Russ Rock, Rappahannock River," 4 VAC 20-850-10 et seq., "Expansion of the Jail Island Clean Cull Area." 4 VAC 20-860-10 et seq., "A Change in the Oyster Cull Size for Oysters Harvested from Little Carters Rock, Rappahannock River". THE RECOMMENDATION WAS APPROVED BY UNANIMOUS VOTE.

8. PUBLIC HEARING To consider removal of a portion of Additional Clam Grounds as previously set aside by the Commission in 1929, within the Ware River, in response to Oyster Planting Ground Application #2022-021 submitted by South Bay Company LLC, who requests authorization to lease approximately 112 acres of oyster planting ground in Ware River in Gloucester County. COMMISSION VOTED 4-1 TO DENY REMOVING THAT AREA FROM THE PUBLIC CLAMMING GROUND SETASIDE AREA AND THE APPLICATION FOR THE AREA.

9. PUBLIC HEARING To consider removal of a portion of Additional Clam Grounds as previously set aside by the Commission in 1930, within the Ware River, in response to Oyster Planting Ground Application #2021-013 submitted by Mr. Richard Green, who requests authorization to lease approximately 250 acres of oyster planting ground in Ware River in Gloucester County. COMMISSION VOTED 4-1 TO DENY REMOVING THAT AREA FROM THE PUBLIC CLAMMING GROUND SETASIDE AREA AND THE APPLICATION FOR THE AREA.

10. PUBLIC COMMENTS Mr. Tommy Eskridge came before the Commission to ask for his oyster user fee to be reinstated for 2024. He has no prior violations and has not missed a renewal before now. The Commission voted unanimously to reinstate his oyster user fee as long as he back paid for last year's user fee as well. Mr. Andy Cortez came before the Commission to discuss ethical concerns and conflicts of interests with certain votes at the last Commission meeting. Six members of the public spoke about concerns with the commercial menhaden fishery and its impact on wildlife in the Chesapeake Bay.

11. RECOMMENDATION Recommendations on funding requests from the Recreational and Commercial Fisheries License Funds. THE BOARD VOTED TO APPROVE PROJECTS TOTALING $289,154 FROM THE VIRGINIA SALTWATER RECREATIONAL FISHING DEVELOPMENT FUND (VSRFDF) AND $227,541 FROM THE MARINE FISHING IMPROVEMENT FUND (MFIF). THESE FUNDS WERE PREVIOUSLY ENDORSED BY THE RECREATIONAL FISHING ADVISORY BOARD AND THE COMMERCIAL FISHING ADVISORY BOARD.

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A. NORFOLK OFFICE OF RESILIENCE, #23-2013 requests authorization to install one (1) 24-inch diameter water line via horizontal directional drilling under the Eastern Branch of the Elizabeth River between Harbor Park and South Main Street in Norfolk. The line will be installed approximately 66 feet below the natural riverbed with no instream construction impacts. Recommend approval with inclusion of the Frac-Out Contingency Plan submitted with the application. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

B. VERIZON VIRGINIA, LLC, #23-2282 requests authorization to install a 16-inch HDPE communications line a minimum of forty (40) feet below the riverbed of the Eastern Branch of the Elizabeth River via horizontal directional drilling between Harbor Park and South Main Street in the City of Norfolk. The line is needed to maintain current utility service in anticipation of the new Norfolk seawall installation in this location. Recommend approval with a royalty in the amount of $2,370.00 for the encroachment under 790 linear feet of state bottom at the standard rate of $3.00 per linear foot and the inclusion of the Drilling Fluid Contingency and Disposal Plan submitted with the application. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

C. PRINCE GEORGE COUNTY, #23-0010 requests authorization to install a 24-inch water main under 411 linear feet of the Appomattox River, using horizontal drilling methodology, near the Rt 144 Bridge in Prince George and Chesterfield Counties. Staff recommends approval of the project as proposed with a special permit condition that the applicant agrees to follow the Frac-Out Monitoring and Response Plan provided in the application. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

D. JAMES CITY COUNTY SERVICE AUTHORITY, #23-2034 requests authorization to replace an existing water main with a new 16-inch MECH-LOK ductile iron watermain over 595 linear feet of College Creek, by attachment to the Route 199 Bridge, in James City County. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

E. COLUMBIA GAS TRANSMISSION, #23-0100 requests authorization to replace approximately 50 miles of existing, 12-inch diameter gas pipeline with 24-inch diameter gas pipeline, using the horizontal directional drill method, crossing seven (7) jurisdictional waterways in Isle of Wight County, Suffolk, and Chesapeake, and to impact tidal wetlands for the widening of an access road associated with pipeline replacement in the City of Chesapeake. The project requires a VMRC wetlands and subaqueous permit. Recommend approval with a royalty in the amount of $6,810.00 for the encroachment under 2,270 linear feet of state bottom at the standard rate of $3.00 per linear foot and permit condition that the applicant agrees to follow the Frac-Out Monitoring and Response Plan provided in the application. THE PROJECT WAS APPROVED BY A VOTE OF 4 TO 1 WITH ASSOCIATE COMMISSIONER LUSK VOTING AGAINST AND ASSOCIATE COMMISSIONER MINOR RECUSING.

F. NORTHERN NECK CONSTRUCTION, #23-2014 requests authorization to install a 214 linear foot riprap revetment, aligned landward of mean low water, adjacent to the James River at 12100 Ganesh Lane in Chesterfield County. The project requires a VMRC wetlands permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.