COMMISSION ACTIONS April 23, 2024

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

1. MINUTES of previous meeting. THE COMMISSION VOTED 6 TO 0 WITH TWO ABSTENTIONS, ASSOCIATE COMMISSIONERS LUSK AND MINOR ABSTAINING, 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 AND 2B WERE APPROVED BY UNANIMOUS VOTE.

3. CONSENT AGENDA ITEMS. NONE.

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

5. PETITIONER Petitioners Chesapeake Legal Alliance and Southern Maryland Recreational Fishing Organization request the following: "(i) Enact a moratorium in the Bay: set a precautionary moratorium on purse seine landings by the menhaden reduction fleet within the Chesapeake Bay, (ii) require no less than 40% of harvest from federal waters: set a limit of no more than 60% of current purse seine menhaden landings within Virginia waters (approximately 94,000 metric tons), (iii) codify a 1-mile shoreline buffer: establish a permanent 1-nautical mile shoreline buffer along Virginia's shoreline prohibiting the use of menhaden purse seines, (iv) fund and implement a menhaden population study: implement and enhance the Atlantic Menhaden Research proposal to investigate localized depletion and its impacts on the Bay (VIMS, October 1, 2023), (v) establish proper industry oversight: require increased vessel and landings monitoring and reporting to ensure compliance and reduce bycatch and impacts on Bay habitats." THE COMMISSION VOTED 5-3 TO DENY THE PETITION.

6. DISCUSSION Commission review of applications to the Abandoned or Derelict Vessel Grant Program. THE COMMISSION UNANIMOUSLY APPROVED THREE APPLICATIONS FOR FUNDING TO THE ADV GRANT PROGRAM FROM MATHEWS COUNTY, NORTHUMBERLAND COUNTY AND MIDDLESEX COUNTY.

7. BRANCH CIVIL, #23-2110 Requests authorization to construct a clear span bridge across the Chickahominy River as part of the Fall Line Trail – Northern Section project in Hanover and Henrico Counties. This project is protested by an adjacent property owner. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

8. PUBLIC COMMENTS The Commission voted unanimously to approve the transfer.

9. PUBLIC HEARING Proposal to amend Chapter 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass", to establish the 2024 recreational management measures for this species and to streamline the black sea bass aquaculture process. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-950-10 ET SEQ., "PERTAINING TO BLACK SEA BASS," TO ESTABLISH THE 2024 RECREATIONAL MANAGEMENT MEASURES FOR THIS SPECIES AND TO STREAMLINE THE BLACK SEA BASS AQUACULTURE PROCESS.

PAGE 2 ITEMS

A. KINDER MORGAN, #23-1881 requests authorization to mechanically maintenance dredge approximately 42,000 cubic yards of state-owned submerged bottom material, to a previously permitted depth of -37 feet mean low water, from the Kinder Morgan Elizabeth River Terminal in the City of Chesapeake. The dredged material will be transported in bottom-dump scows to the Craney Island Dredged Material Management Area in Portsmouth, or transported by truck to the Dominion disposal facility in Chesapeake, the Chesapeake Landfill in Chesapeake, or hauled to Shirley Plantation in Charles City County. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

B. DEPARTMENT OF WILDLIFE RESOURCES, #24-0055 requests authorization to install a total of 62 riprap breakwaters with landward sand nourishment and wetlands plantings along the shoreline of the Ragged Island Wildlife Management Area, situated along the James River in Isle of Wight County. Approximately 13,752 cubic yards of Class I and II riprap and 25,500 cubic yards of sand will be installed to create approximately 6,300 linear feet (1.2 miles) of living shoreline to further protect the park's eroding shoreline. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.