COMMISSION ACTIONS March 26, 2024

** 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 FROM THE PREVIOUS MEETING.

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

3. CONSENT AGENDA ITEMS. NONE.

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

5. HOBERT, CHRIS & AMY, #23-1155 requests authorization to construct a 16-foot by 41-foot open-sided boathouse adjacent to a statutorily authorized private pier serving 230 Wentworth Court situated along the Nansemond River in the City of Suffolk. The boathouse is protested by an adjacent property owner. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

6. WARD, JOHN, #23-2207 requests authorization to construct a 30-foot by 18-foot open-sided boathouse adjacent to an existing private pier serving 1080 Fort Lowry Lane, situated along the Rappahannock River in Essex County. The boathouse is protested by an adjacent property owner. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

7. SHELLFISH Oyster Aquaculture Joint Permit Application #2022-2833 Requests authorization to install 180 floating oyster cages (4'x5') within the boundaries of the applicant's oyster planting ground lease area (lease #21821) within Occohannock Creek in Accomack County. The request is protested by six nearby property owners. THE PROJECT WAS APPROVED BY 4-1 VOTE.

8. PUBLIC COMMENTS David O'Brien of NOAA provided comments pertaining to aquaculture conflicts with submerged aquatic vegetation (SAV) and said it would be inappropriate to suggest placing floating cages on top of SAV until VIMS completes their current study on the effects of cages on SAV. Ben Stagg of the Shellfish Growers of Virginia encouraged staff to present their recommendations on commission items.

9. PUBLIC HEARING Proposal to amend Chapter 4VAC20-1350-10 et seq., "Pertaining to General Oyster Planting Ground Lease Renewal Fee" to allow for online applications and payments. THE COMMISSION UNANIMOUSLY APPROVED AMENDMENTS TO CHAPTER 4VAC20-1350-10 ET SEQ., "PERTAINING TO GENERAL OYSTER PLANTING GROUND LEASE RENEWAL FEE" TO ALLOW FOR ONLINE APPLICATIONS AND PAYMENTS

10. PUBLIC HEARING Proposal to amend Chapters 4VAC20-1290-10 et seq., "Pertaining to Restrictions on the Harvest of Shellfish and in Condemned Shellfish Areas" and, 4VAC20-1090-10 et seq., "Pertaining to License Requirements and License Fees" to lower the cost to the public of the shellfish relay process. THE COMMISSION UNANIMOUSLY APPROVED AMENDMENTS TO CHAPTERS 4VAC20-1290-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON THE HARVEST OF SHELLFISH AND IN CONDEMNED SHELLFISH AREAS" AND, 4VAC20-1090-10 ET SEQ., "PERTAINING TO LICENSE REQUIREMENTS AND LICENSE FEES" TO LOWER THE COST TO THE PUBLIC OF THE SHELLFISH RELAY PROCESS.

11. PUBLIC HEARING Proposal to amend Chapter 4VAC20-252-10 et seq., "Pertaining to Atlantic Striped Bass" to change management measures to comply with ASMFC Addendum II to Amendment 7 for striped bass, to change the recreational season for Potomac River tributaries summer/fall striped bass season, to streamline the aquaculture of striped bass process, and remove all gear restrictions for commercial harvesters that hold striped bass quota. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO ATLANTIC STRIPED BASS," TO CHANGE MANAGEMENT MEASURES TO COMPLY WITH ASMFC ADDENDUM II TO AMENDMENT 7 FOR STRIPED BASS, TO CHANGE THE RECREATIONAL SEASON FOR POTOMAC RIVER TRIBUTARIES SUMMER/FALL STRIPED BASS SEASON, TO STREAMLINE THE AQUACULTURE OF STRIPED BASS PROCESS, AND REMOVE ALL GEAR RESTRICTIONS FOR COMMERCIAL HARVESTERS THAT HOLD STRIPED BASS QUOTA.

12. PUBLIC HEARING Proposal to amend Chapter 4VAC20-620-10 et seq., "Pertaining to Summer Flounder" to set the recreational summer flounder minimum size limit as 16 inches from January 1 through May 31 and 17 ½ inches from June 1 through December 31. THE COMMISSION UNANIMOUSLY APPROVED AMENDMENTS TO CHAPTER 4VAC20-620, "PERTAINING TO SUMMER FLOUNDER," TO ESTABLISH THE 2024 AND 2025 RECREATIONAL MANAGEMENT MEASURES.

PAGE 2 ITEMS

A. THE CITY OF HAMPTON, #23-0857 requests authorization to maintenance dredge a maximum of 23,080 cubic yards of state-owned submerged lands and new dredging of 1,000 cubic yards of submerged lands to provide maximum depths of minus 5.5 feet below mean low water within the Hampton River and its ancillary channels in the City of Hampton. A temporary transfer station will be constructed at 1 Club Run Boulevard and dredged spoils will be transported by truck to an approved upland disposal site. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

B. GUINN, LUCINDA, #23-2876 requests authorization to install 100 linear feet of riprap, the toe of which may be installed a maximum of 12 feet channelward of the existing bulkhead serving 8185 Eva Drive, located along the Rappahannock River in Caroline County. The project requires a VMRC wetlands permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

C. LEVASSEUR, CHRISTOPHER, #24-0204 requests authorization to construct a living shoreline including a 66-foot riprap sill, 506 square feet of sand fill and wetlands plantings, and a 133-foot long riprap revetment at 232 Deep Water Drive, situated along a manmade tributary to the Southern Branch of the Elizabeth River in the City of Chesapeake. The project requires a VMRC wetlands permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.