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AGENDA July 25, 2017

** 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. CRAIG STARIHA, #17-0782 Requests authorization to install two (2) rows of 12-inch diameter sand-filled filter socks, staked and spaced 3.5 feet apart on center, approximately 15 feet landward of mean low water and encircling the vegetated upper elevations of a 0.04 acre island, north of Tar Bay in the James River in Prince George County. The area between the two socks will be stabilized with wetland plantings spaced at one-foot centers. The project requires a wetlands permit.

6. VIRGINIA BEACH PUBLIC WORKS, #16-0516 Requests authorization to mechanically dredge approximately 55,000 cubic yards of submerged bottomlands to achieve maximum depths of -4.5 feet mean low water as part of the Chesopeian Colony neighborhood dredging proposal within Pinetree Branch, London Bridge Creek, and associated tributaries, including the installation of 18 new channel markers. The project is protested.

7. CITY OF NEWPORT NEWS, #17-0348 Requests authorization to install two (2) stormwater outfalls, 54-inches and 60-inches in diameter, two (2) breakwaters 18 feet wide by 92 feet long and 21 feet wide by 58 feet long, 810 square feet of riprap armor stone upon the proposed storm water outfalls, and two (2) temporary cofferdams at 225 River Road in the City of Newport News. The project is protested.

8. RAPPAHANNOCK RIVER OYSTERS LLC, #17-0570 Requests authorization to install oyster aquaculture structures within a nine (9) acre area and a one (1) acre area of their 61.57 acre oyster ground lease (Plat File # 21229) in Watts Bay, Accomack County. The project is protested by nearby property owners.

9. REBECCA SMITH, #16-1982 Requests authorization to install 438 linear feet of riprap revetment, channelward of an existing bulkhead, along the Lafayette River, at the residence of 17 Holly Lane in Norfolk. This project is protested by an adjacent property owner.

10. MICHAEL H. GIBSON, Oyster Planting Ground Applications #2014-283 and #2014-285 Requests authorization to lease 14.74 acres of oyster planting ground in Chincoteague Bay near Swans Gut in Accomack County. The project is protested by an adjacent oyster ground leaseholder.

11. CALVIN WAYNE WEST, Oyster Planting Ground Application #2015-304 Requests authorization to lease approximately 32.00 acres of oyster planting ground within Monday Creek in Gloucester County. The application is protested by a nearby property owner.

12. STEPHEN EDWARD TOPPING BRICE, Oyster Planting Ground Application #2015-120 Requests authorization to lease approximately 60 acres of oyster planting ground within the Rappahannock River in Lancaster County. The application is protested by nearby residents.

13. STEPHEN EDWARD TOPPING BRICE, Oyster Planting Ground Application #2015-139 Requests authorization to lease approximately 70 acres within the Rappahannock River in Lancaster County. The application is protested by nearby residents.

14. PUBLIC COMMENTS

15. OFFENDERS

16. PUBLIC HEARING To incorporate emergency amendments as final amendments to Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks." The emergency amendments were adopted by the Commission on June 27, 2017 and established the May 1, 2017 through April 30, 2018 commercial spiny dogfish harvest quota as 4,220,814 pounds and removed the weekly buyer reporting requirement.

17. PUBLIC HEARING To incorporate emergency amendments as final amendments to chapters 4 VAC 20-270-10 et seq., "Pertaining to Crabbing"; and, 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters." The emergency amendments were adopted by the Commission on June 27, 2017 and established: 1) an end of season date of November 30, 2017 and a 2018 season start date of March 17, for the crab pot fishery; 2) reduced bushel limits for November 1 through 15 that are the same as current bushel limits during November 16 through the end of the crab pot season; and, established a prohibition on the crab dredge season during December 1, 2017 through March 31, 2018.

18. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1270-10 et seq., "Pertaining to Atlantic Menhaden," to increase Virginia's portion of the coast wide total allowable landings of menhaden, in accordance with recent Atlantic States Marine Fisheries Commission actions.

19. PUBLIC HEARING Proposal to rescind the commercial license fee increase that was scheduled to go into effect in December 2017.

20. PUBLIC HEARING Proposal to amend Chapters, 4 VAC 20-752-10 et seq., "Pertaining to the Blue Crab Sanctuary, to establish a limited-area open crab fishery along the near-coastal area blue crab sanctuary that is closed to commercial crabbing from May 9 through September 15. In addition, the Commission will decide whether to change the date when the historical sanctuary area is initially closed to commercial crabbing.

21. REQUEST FOR PUBLIC HEARING Amendments to Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to establish the 2017-2018 areas of public harvest, public oyster harvest seasons, and management measures.

PAGE 2 ITEMS

A. DEPARTMENT OF THE NAVY, #17-0674 Requests authorization to remove and replace the existing wharf and fender system along Wharf E, and to remove and replace existing structures along Pier A and the Small Craft Basin, at the U.S. Navy Craney Island Fuel Terminal, located along the Elizabeth River, on the east side of Craney Island, in Portsmouth.

B. VIRGINIA ELECTRIC AND POWER COMPANY, #17-0265 Requests authorization to remove and replace two steel lattice electric transmission towers, on existing concrete foundations in the James River and to replace one (1) circuit (11 lines) of 500kV electric transmission lines, a minimum 180 feet above a 4,109 linear foot section of the James River, from Wilcox Wharf to Windmill Point, in Charles City and Prince George Counties. Staff recommends approval with a royalty of $40,280.00 for tower encroachment over 20,140 square feet of State-owned submerged lands at a rate of $2.00 per square foot, and $12,327.00 for encroachment of aerial transmission lines over 4,109 linear feet of State-owned submerged land at a rate of $3.00 per linear foot.

PAGE 3 ITEMS

A. TOWN OF COLONIAL BEACH, #17-0400 Requests, on behalf of their licensees, Mr. and Mrs. Edward Jones, after-the-fact authorization to retain and complete the construction of a 78.5-inch wide by 133-inch tall, roofed security gate, adjacent to town property situated along Monroe Bay at 1004 Monroe Bay Avenue in Westmoreland County. The licensees have agreed to a $1,000.00 civil charge, triple royalties and triple permit fees in lieu of further enforcement action.

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



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