COMMISSION ACTIONS August 23, 2022

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

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED BY THE COMMISSION WITH ONE CORRECTION. ASSOCIATE COMMISSIONER ERSKINE NOTED THAT HIS ABSTENTION AT THE JULY 2022 COMMISSION MEETING WAS INTENDED FOR THE COMMISSION'S JUNE 2022 MINUTES, AND NOT THE AGENDA.

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

3. CONSENT AGENDA ITEMS. NONE

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

5. DAVID SULLIVAN and WANDA WACHTER, #22-0653 Request authorization to install two (2) 48-foot low-profile tapered armor stone replacement groins with a maximum base width of 14 feet, extending 48 feet from mean high water adjacent to property situated along the Potomac River at 493 and 503 Judith Sound Road in Northumberland County. The project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

6. LYNNHAVEN OYSTER COMPANY, LLC, #20-1974 Requests authorization to install up to 2,100 floating cage aquaculture modules within the boundaries of oyster planting ground lease # 19155 (now lease # 22772) within Broad Bay, near Seashore State Park in the City of Virginia Beach. The request is protested by a number of local residents and property owners. THE INITIAL MOTION TO APPROVE A SMALLER FOOTPRINT FAILED ON A VOTE OF 2 TO 4. ASSOCIATE COMMISSIONERS ERSKINE AND LUSK VOTED TO APPROVE THE SMALLER FOOTPRINT. A SECOND MOTION TO DENY THE PROJECT WAS APPROVED BY A VOTE OF 4 TO 2. ASSOCIATE COMMISSIONERS TANKARD, BRANSOM, KELLUM AND HEADLY VOTED TO DENY THE APPLICATION AND ASSOCIATE COMMISSIONERS LUSK AND ERSKINE VOTED AGAINST THE MOTION TO DENY.

7. PUBLIC COMMENTS Several members of the public requested the Commission hold a public hearing and vote to ban menhaden reduction fishing inside Chesapeake Bay. Several members of the public spoke in opposition to menhaden reduction fishing. Mr. Monty Diehl of Omega Protein responded to public concerns about menhaden spills in Chesapeake Bay. Mr. Chris Ludford requested the return of the striped bass trophy fishery and said he would bring the issue up with the Finfish Management Advisory Committee.

8. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" to establish the 2022-2023 areas of public harvest, public oyster harvest seasons, and oyster resource conservation measures.

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A. CITY OF LYNCHBURG, #22-0683 Requests authorization to remove the College Lake Dam and to remediate Blackwater Creek by modifying approximately 8,000 linear feet of its channel using natural stream restoration techniques to include relocation of the channel bed, constructing 30 boulder cross vanes, 993 linear feet of toe wood structures, 8,319 square yards of brush mattress, 4,104 square yards of BioD Block, install 12,487 cubic yards of constructed riffle bed material, and 1,960 cubic yards of reinforced riffle cascade bed near Lakeside Drive in the City of Lynchburg. Staff recommends approval of the project with our standard instream permit conditions. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

B. GLEBE HARBOR-CABIN POINT SANITARY DISTRICT, #21-2212 Requests authorization to install nine (9) stone breakwaters to create approximately 1,904 linear feet of a gapped breakwater backfilled with 10,520 cubic yards of clean sand fill. The breakwaters will have a maximum crest height of four (4) feet above mean high water and a maximum base width of 33 feet aligned at the terminus of the existing timber groins. Additional work includes the placement of 66 linear feet of riprap and a 91-foot long riprap jetty extension at their property situated along Lower Machodoc Creek in Westmoreland County. Staff recommends approval of the project with a permit condition requiring that the beach nourishment be comprised of at least 90% clean sand. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.