AGENDA November 26, 2019

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval).

3. CONSENT AGENDA ITEMS.

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL.

5. LICENSE STATUS REVIEW

6. EDWARD B. WOOD, #18-1761 Requests authorization to install six (6) private aids to navigation along a previously authorized dredge channel on Kings Creek in Mathews County. The project is protested.

7. BENJAMIN W. MEARS III, OYSTER PLANTING GROUND APPLICATION #2018-039 Requests authorization to lease 16.83 acres of Oyster Planting Ground in Mattawoman Creek in Northampton County. The project is protested by nearby property owners.

8. VIRGINIA WATER HOLDINGS, LLC, OYSTER PLANTING GROUND APPLICATION #2014-227 Requests authorization to lease approximately 100 acres within the Chesapeake Bay in Lancaster County. The application is protested by numerous adjacent highland property owners.

9. THREESHEETS OYSTER COMPANY, OYSTER PLANTING GROUND APPLICATION #2019-042 Requests authorization to lease approximately 100 acres within the Chesapeake Bay in Lancaster County. The application is protested by numerous nearby highland property owners.

10. PUBLIC COMMENTS

11. PUBLIC HEARING Staff request to incorporate the emergency amendments as a permanent part of Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy)," to decrease the trip limit from 28,500 pounds to 27,000 pounds for the commercial Winter II period fishery of October 1 through December 31.

12. PUBLIC HEARING The Commission proposes to amend Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass", to establish the 2020 striped bass commercial quota for the Chesapeake Bay and Coastal areas and modify the dates associated with the 28" commercial maximum size limit in the Chesapeake Bay area which are presently March 26 through June 15.

PAGE 2 ITEMS

2A. FAIRVIEW BEACH RESIDENTS ASSOCIATION, INC., #19-1344 Requests authorization to install a 140-foot armor stone breakwater, a 130-foot armor stone breakwater, a 120-foot armor stone breakwater, a 70-foot armor stone breakwater extension, a 50-foot armor stone breakwater extension, a 60-foot armor stone breakwater (to replace an existing hex box breakwater) and 8,480 cubic yards of beach nourishment, placed channelward of mean low water, adjacent to community property situated along the Potomac River in King George County. Staff recommends approval of the project as proposed.

2B. DEPARTMENT OF CONSERVATION AND RECREATION, #19-1576 Requests authorization to dredge a 500-foot long by 40-foot wide access channel, and install associated channel markers, to a connecting depth of 5.11'(mlw), a two-lane concrete boat ramp with two tending piers, and the installation of two (2)140-foot riprap breakwaters, an 85-foot riprap sill, a 130-foot riprap sill, a 50-foot riprap sill and associated sand backfill and vegetated plantings, adjacent to property situated along the Potomac River at Wide Water State Park on Brent Point Road in Stafford County. The project will impact 20,297 square feet of SAV. Impacts to SAV will be mitigate with onsite water quality improvement systems including additional stormwater BMP's, beyond that required for site plan development, to increase nutrient and sediment removal. Staff recommends approval with a time of year restriction prohibiting instream activity from February 15 through June 30 of any year to protect anadromous fish.

2C. LYON SHIPYARD, INC., #19-1574 Requests authorization to mechanically maintenance dredge, on an as-needed basis, up to 35,000 cubic yards of State-owned submerged lands per dredge cycle, to achieve maximum depths of -42 feet MLW at the drydock, -12 MLW at Piers 6 and 7, and -18 MLW and -24 MLW along the rest of basin, at the Lyon Shipyard Facility along the Eastern Branch Elizabeth River located at 307 Compostella Road in the City of Norfolk. Dredged material will be barged to the Craney Island Dredged Material Management Area (CIDMMA) and disposed of in the rehandling basin.

2D. LYON SHIPYARD, INC., #19-1538 Requests authorization to mechanically maintenance dredge, on an as-needed basis, up to 35,000 cubic yards of State-owned submerged lands to achieve maximum navigable depths of -20 MLW adjacent to their existing bulkhead and -31 feet mean low water within a 100-foot by 400-foot basin adjacent to the existing drydock facility at located 307 Campostella Road situated along the Eastern Branch of the Elizabeth River in the City of Norfolk. Dredged material will be barged to the Craney Island Dredged Material Management Area (CIDMMA) and disposed of in the re-handling basin. This is a renewal of a previous permit (#12-1453) and all permit conditions shall apply.

2E. VIRGINIA ELECTRIC AND POWER COMPANY, #19-1433 Requests authorization to hydraulically maintenance dredge up to 150,000 cubic yards of State-owned subaqueous land, on an as-needed basis, in the basin adjacent to the intake channel for the Surry Nuclear Power Plant within the James River in Surry County; and to temporarily install approximately four (4) miles of 22- to 30-inch diameter HDPE pipe secured to floats or secured to the bottom of Lawnes Creek, to transport dredged sediments from the power plant intake channel to a dredge material management upland area located along Lawnes Creek in Surry County. Staff recommends approval of the project as proposed with the following conditions: a time-of-year restriction from February 15 through June 30 for the protection of anadromous fishes and June 30 through August 31 for the protection of spawning oysters. The dredge pipe must routinely be monitored during dredge activities. If any leaks are identified, the dredge operation must halt until repairs are made. The permittee agrees to deploy the HDPE pipe no longer than 15 days prior to the start of dredge activity and remove the pipe no greater than 15 days after dredging is completed. The permittee also agrees to contact VMRC staff if additional time is needed to install or remove the pipe. The pipeline and associated buoys shall be marked in a manner consistent with USCG Aids to Navigation Regulations.

2F. COLONNA SHIPYARD, #19-1706 Requests authorization to maintenance dredge 25,000 cubic yards of State-owned subaqueous material using mechanical methods to establish and maintain, on an as-needed basis, maximum depths of -27 feet at mean low water and -22 at mean low water, adjacent to Pier 8 and Pier 9 at the West Yard facility situated along the Eastern Branch of the Elizabeth River in the City of Norfolk. Dredged material will be barged to the Craney Island Dredged Material Management Area (CIDMMA) and disposed of in the re-handling basin.

FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT MANAGEMENT PROJECTS ON THIS AGENDA.