COMMISSION ACTIONS July 23, 2019

** APPROVAL OF AGENDA. THE AGENDA WAS APPROVED AS WRITTEN BY UNANIMOUS VOTE. [audio]

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED AS WRITTEN BY A VOTE OF 5 TO 0 WITH ONE ABSTENTION. ASSOCIATE COMMISSIONER FRANCE ABSTAINED. [audio]

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

3. CONSENT AGENDA ITEMS. NONE [audio]

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

5. LICENSE STATUS REVIEW: THE COMMISSION HEARD 3 CASES OF LICENSE STATUS REVIEWS. [audio]

6. CLAY ARMSTRONG, #19-0528 Requests authorization to install two (2) 5-foot wide by 39-foot long main stem piers extending from a bulkhead on either side of an existing boathouse and to install 22 linear feet of 5-foot wide finger pier and and a 16-foot by 21-foot deck along a tributary to Stutts Creek, at 528 Bluewater Drive in Mathews County. The project is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS RECOMMENDED BY STAFF CONTINGENT ON A PERMIT CONDITION THAT NO VESSEL BE MOORED AT THE PROPOSED TENDING PIER THAT EXTENDS CHANNELWARD OF THE PIER AS CONSTRUCTED. [audio]

7. DAMFINO, LLC, #19-0365 Requests authorization to place up to 700 floating aquaculture cages within a 600' by 400' area (approximately 5.5 acres) within the footprint of oyster planting ground lease #17804 in the waters of Milford Haven in Mathews County. The request is protested by numerous local residents. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio part A | part B]

8. PUBLIC HEARING The Commission proposes to adopt Chapter 4 VAC 20-1350-10 et seq., "Pertaining to General Oyster Planting Ground Lease Renewal Fee." The purpose of this regulation is to establish the application procedures and fee for the renewal of general oyster planting ground leases and time limits to request a formal hearing concerning any denial renewal. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE. [audio]

9. PUBLIC COMMENTS Ms. Mary Hill asked the Commission for redress related to how a marine police officer approached the alleged theft of oysters from her oyster lease. Associate Commissioner Zydron expressed that accusations of theft against a waterman who has not been charged for the offense should not be discussed in a public forum and the matter should be brought to a Commonwealth's attorney. [audio]

10. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to establish the 2019-2020 areas of public harvest, public oyster harvest seasons, and management measures. THE COMMISSION UNANIMOUSLY APPROVED THE STAFF RECOMMENDATION TO ADVERTISE FOR AN AUGUST PUBLIC HEARING TO AMEND CHAPTER 4 VAC 20-720-10 ET SEQ., "PERTAINING TO RESTRICTIONS ON OYSTER HARVEST," TO ESTABLISH THE 2019-2020 AREAS OF PUBLIC HARVEST, PUBLIC OYSTER HARVEST SEASONS, AND MANAGEMENT MEASURES. [audio]

PAGE 2 ITEMS [audio]

A. RIVER PORT LLC, #19-0711 Requests authorization to construct 1,255 linear feet of steel sheetpile bulkhead with a concrete cap two feet channelward of an existing, failing bulkhead and construct 833 linear feet of replacement fender system along the bulkhead and Pier 14, adjacent to property at 1201 Terminal Avenue along the James River in the City of Newport News. Recommend approval with a royalty in the amount of $8,166.00 for the filling of 2,722 square feet of State-owned subaqueous bottom at a rate of $3.00 per square foot, as well as an encroachment royalty in the amount of $8,740.00 for the encroachment over 4,370 square feet at a rate of $2.00 per square foot. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

B. ARMY CORPS OF ENGINEERS, #19-0900 Requests re-authorization to place overboard, in an unconfined manner, up to 125,000 cubic yards of dredged material per dredge cycle, from the hydraulic maintenance dredging of the Finney Creek/Wachapreague Channel and Bradford Bay Federal Project Channels near the Town of Wachapreague in Accomack County. The overboard placement site is located in Bradford Bay, southwest of the Federal Channel and centered at N37º35.0513', W75º40.8733'. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

C. ARGO US, #19-0959 Requests authorization to mechanically maintenance dredge approximately 18,600 cubic yards of State-owned submerged lands to achieve a maximum depth of -37 feet at mean low water within the vessel berthing on the channelward side of the Argos US pier, in the Southern Branch Elizabeth River, at 100 Pratt Street in the City of Chesapeake. Recommend approval with a royalty of $4,725.00 for dredging 10,500 cubic yards of State-owned submerged lands at $0.45 per cubic yard. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.

D. IMTT-VIRGINIA LLC, #19-0878 Requests authorization to conduct improvements to an existing industrial pier in the Southern Branch Elizabeth River, to include replacement of a loading arm with support system, and 129 linear feet of new pipe support system at 2801 S Military Highway in the City of Chesapeake. Recommend approval with a royalty of $387.00 for the additional encroachment over 129 linear feet of State-owned submerged lands at the standard rate of $3.00 per linear foot. Staff also recommends special permit conditions for noise attenuation for driving hollow steel piles to include the use of a pile-cap cushion for impact hammers, ramp-up procedures, and the use of a confined bubble curtain. APPROVED PER STAFF RECOMMENDATION BY UNANIMOUS VOTE.