COMMISSION ACTIONS December 6, 2022

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

1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES AS WRITTEN.

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

3. CONSENT AGENDA ITEMS. THE COMMISSION APPROVED BY UNANIMOUS VOTE ITEM 3 (SEE FULL INFORMATION BELOW UNDER PAGE 3 ITEM A)

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

5. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1270-10 et seq., "Pertaining to Atlantic Menhaden", to modify purse seine area and time prohibitions to include: (i) any waters of the Commonwealth's Chesapeake Bay and the City of Virginia Beach within one nautical mile from the mean low water line; (ii) one-half nautical mile on either side of the Chesapeake Bay Bridge Tunnel; and (iii) the Commonwealth's waters of the Chesapeake Bay the Thursday prior to, and through Memorial Day; July 1 through July 7; and the Thursday prior to, and through Labor Day. THE COMMISSION APPROVED AN ALTERNATIVE MOTION VOTED 5-4 TO CREATE A MEMORANDUM OF UNDERSTANDING OF THE FOLLOWING: THE FISHERY AGREES TO NOT FISH IN THE STATE TERRITORIAL WATERS INSIDE OF THE CHESAPEAKE BAY ON SAT-MON OF MEMORIAL DAY AND LABOR DAY. THE FISHERY AGREES TO NOT FISH IN THE STATE TERRITORIAL WATERS INSIDE OF THE CHESAPEAKE BAY ON JULY 4TH AND THE FEDERALLY RECOGNIZED HOLIDAY OF THE WEEK. THE FISHERY AGREES TO NOT FISH IN THE STATE TERRITORIAL WATERS INSIDE OF THE CHESAPEAKE BAY ON ALL SATURDAYS AND SUNDAYS BETWEEN MEMORIAL DAY AND LABOR DAY. THE FISHERY AGREES NOT TO FISH WITHIN ½ MILE OF THE CHESAPEAKE BAY BRIDGE TUNNEL AS A MEASURE OF COOPERATION TO MINIMIZE USER CONFLICTS WITH THE RECREATIONAL ANGLING COMMUNITY. THE FISHERY AGREES TO WORK COLLABORATIVELY WITH THE GOVERNOR'S OFFICE AND GENERAL ASSEMBLY MEMBERS TO ADDRESS GEOGRAPHIC BUFFER ALONG THE DENSELY POPULATED AREAS OF THE EASTERN SHORE OF VIRGINIA, IN THE CHESAPEAKE BAY AND THE VIRGINIA BEACH REGION.

6. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1270-10 et seq., "Pertaining to Atlantic Menhaden", to establish a reciprocal quota transfer system between the purse seine menhaden reduction sector and the purse seine menhaden bait sector of the fishery. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-1270-10 ET SEQ., "PERTAINING TO ATLANTIC MENHADEN", TO ESTABLISH A RECIPROCAL QUOTA TRANSFER SYSTEM BETWEEN THE PURSE SEINE MENHADEN REDUCTION SECTOR AND THE PURSE SEINE MENHADEN BAIT SECTOR OF THE FISHERY.

7. BLUE MARINA VA LLC, #22-2293 Commission review of the Accomack County Wetland Board's November 17, 2022, decision to approve Blue Marina VA LLC's proposal to fill tidal wetlands as part of a new bulkhead and revetment proposal at property (TM #(s) 30A1-1-42, 44, 46, 48, 50, 52, 54; 30A1-A-28 and 45-A-7) adjacent to the Chincoteague Channel in the Town of Chincoteague. THE COMMISSION VOTED UNANIMOUSLY TO REMAND THE CASE BACK TO THE ACCOMACK COUNTY WETLAND BOARD PER STAFF RECOMMENDATION.

8. PUBLIC COMMENTS There were no public comments.

9. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" to modify the transfer of eligibility to pay the oyster resource user fee as described in clause (ii) of subsection A of §28.2-541 of the Code of Virginia, regarding transfers to non-relatives and regarding requests of documented medical hardships or active military leave. THE COMMISSION UNANIMOUSLY APPROVED A MODIFICATION TO THE STAFF RECOMMENDATION THAT ADDED SOME ADDITIONAL REQUIREMENTS AND EXCEPTIONS FOR THE TRANSFER OF THE OYSTER USER FEE.

PAGE 2 ITEMS

A. SHIRLEY CRUMLEY, #22-1597 Requests authorization to impact 900 square feet of non-vegetated tidal wetlands for the construction of a 150 linear foot riprap revetment adjacent to 598 Grass Creek Trail along the Mattaponi River in King and Queen County. This project requires a tidal wetlands permit. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

B. TAZEWELL COUNTY PUBLIC SERVICE AUTHORITY, #22-1458 Requests authorization to install water and sewer lines beneath Indian Creek at one (1) location and the Little River at three (3) locations, to provide utilities to customers adjacent to US Route 19 in Tazewell County. Staff recommends approval with our standard instream permit conditions, an instream work time-of-year restriction from March 15 through July 31 and August 15 through September 30 of any year, and a freshwater mussel survey and relocation effort, unless waived in writing by the Department of Wildlife Resources. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

C. COLONIAL NATIONAL HISTORIC PARK, #22-2010 Requests authorization to install shoreline stabilization structures and clean sand fill and plantings adjacent to the Colonial Parkway near Felgates Creek Bridge situated along the York River in York County. Components include: two (2) riprap revetments, five (5) stone sills, three (3) stone spurs, one (1) stone breakwater, with clean sand fill and plantings. The project will also install 16 temporary moorings and two (2) temporary barge ports for construction access. A temporary turbidity curtain will be installed, as necessary. THE COMMISSION APPROVED THE PROJECT AS PROPOSED BY UNANIMOUS VOTE.

PAGE 3 ITEMS

A. BALLARD BROTHERS FISH AND OYSTER COMPANY, #20-0132 Requests authorization for after-the-fact approval for the installation of up to 1,224 floating oyster cages within existing oyster planting ground lease boundaries of the Applicant in Cherrystone Creek in Northampton County. The request represents a relocation of existing operations that were placed outside of a previous authorization but in the same general area. The applicant has agreed to pay a $2,000.00 civil charge and triple permit fees in lieu of further enforcement action. THE COMMISSION UNANIMOUSLY APPROVED STAFF RECOMMENDATION WITH THE AGREED UPON CIVIL CHARGE, TRIPLE PERMIT FEE, AN ANNUAL ROYALTY OF $3,551.61 AND THE PERMITTEE SHALL MAINTAIN AN APPROPRIATE BOND OR LETTER SURETY DURING THE LIFE OF THE PERMIT.