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AGENDA May 22, 2018

** 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. SIMS METAL MANAGEMENT, #18-0218 requests authorization to install 360 linear feet of quarry stone riprap along a man-made waterway off the Southern Branch Elizabeth River at the Sims Metal Management Facility at 4300 Buell Street, in Chesapeake. The project requires a wetlands permit.

6. DEREK OWENS, #17-1586 Requests authorization to replace an existing boathouse and appurtenant decking and finger piers, on a 5-foot wide open pile private pier with a 12-foot by 10-foot L-head, with a 37-foot by 62-foot enclosed boathouse, 94 linear feet of 5-foot wide finger pier, 57 linear feet of 4-foot wide finger pier, and a 10-foot by 37-foot exterior deck along Free School Creek at 4442 School House Road in Gloucester County. The project is protested by an adjacent property owner.

7. RAPPAHANNOCK OYSTER CO., #17-1881 Requests authorization to place up to 34,560 SEAPA aquaculture baskets suspended between 8,928 composite poles, with 84,521 linear feet of monofilament line over their existing oyster planting ground lease within the Rappahannock River near Locklies Creek in Middlesex County. The applicant is also requesting authorization for two (2) alternative methods, the first using rebar racks with SEAPA baskets, with up to 69,120 storm breaker clips, 4,320 #5 rebar racks, and ten (10) perimeter/corner marker buoys. The second alternative method would use floating cages, referred to as Oyster Gro Systems consisting of 28,000 feet of (X-lene) ¾ inch rope, 2,160 Oyster Gro floats, 288 anchors, 288 end line marker buoys and ten (10) perimeter/corner marker buoys. The application is protested by numerous local property owners.

8. HARRY L. BOWEN, JR., Oyster Planting Ground Application #2016-038 Requests authorization to lease 30 acres of oyster planting ground in Occohannock Creek in Northampton County. The project area has submerged aquatic vegetation (SAV).

9. HARRY L. BOWEN, JR., Oyster Planting Ground Application #2016-276 Requests authorization to lease 20 acres of oyster planting ground in Occohannock Creek in Northampton County. The project area has submerged aquatic vegetation (SAV).

10. HARRY L. BOWEN, JR., Oyster Planting Ground Application #2017-063 Requests authorization to lease ten (10) acres of oyster planting ground in Occohannock Creek in Northampton County. The project area has submerged aquatic vegetation (SAV).

11. PUBLIC HEARING Petition Proposal to the Marine Resources Commission to Designate an Area as Public Clam Grounds within the Poquoson River in the City of Poquoson.

12. PUBLIC COMMENTS

13. LICENSE STATUS REVIEW

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to establish the 2018 recreational fishery management measures. The 2017 recreational black sea bass fishery was managed by a 12 ½-inch minimum size limit, total length, a 15-fish possession and open season from May 15 - September 21 and through October 22 - December 31.

15. RECOMMENDATION Recommendations from the Commercial Fishing Advisory Board.

16. DISCUSSION Results from the December 2017 through March 2018 Bay-wide Winter Dredge Study for blue crab.

17. DISCUSSION Proposal to amend Chapters 4 VAC 20-240-10 et seq., "Pertaining to Tangier Island Crab Scrape Sanctuary;" 4 VAC 20-270-10 et seq., and "Pertaining to Crabbing;" Chapter 4 VAC 20-752-10 et seq., "Pertaining to Blue Crab Sanctuary;" and Chapter 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters."

18. DISCUSSION Proposal to amend Chapter 4 VAC 20-450-10 et seq., "Pertaining to the Taking of Bluefish," to establish the 2018 Virginia commercial bluefish quota.

PAGE 2 ITEMS

A. DOMINION ENERGY, #18-0142 Requests authorization to install a submarine telecommunication cable under 19,540 linear feet at the entrance to Hampton Roads east of the Hampton Roads Bridge Tunnel using jet-assisted plow methodology, and horizontal directional drilling from upland areas in the City of Hampton near the intersection of Downes Street and South Willard Drive extending approximately 225 feet channelward of mean high water, and in the City of Norfolk at the Dominion Power Substation located near Chela Avenue, extending 140 feet channelward of mean high water. Staff recommends approval of the project with a royalty of $58,620.00 for the encroachment under 19,540 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot, and a special permit condition for the adherence to the Frac-out Contingency Plan submitted by the applicant.

B. VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS, #17-1803 Requests authorization to install and backfill 2,080 linear feet of steel sheet bulkhead a maximum of one-foot channelward of the failing structure; and to install 105 linear feet of riprap, the toe of which may be installed a maximum of five feet channelward of the new bulkhead adjacent to the southern side of Buccaneer Road, situated along Long Creek in Virginia Beach.

PAGE 3 ITEMS

A. MATT CURRY, #12-1231 Requests after-the-fact authorization to retain an additional 224 square foot of roof encroachment associated with a previously permitted 700 square foot, open-sided, dual-slip boathouse adjacent to his property situated along Aquia Creek at 111 Woodrow Drive in Stafford County. The applicant has agreed to a $1,000.00 civil charge and triple permit fees of $75.00 in lieu of further enforcement action.

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



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