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AGENDA October 30, 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. BRIAN RECHTENBAUGH, #17-1334 Requests after-the-fact authorization to retain fill within vegetated tidal wetlands, and 150 linear feet of riprap revetment to aid in flood mitigation along a tributary to the Southern Branch Elizabeth River at 700 Seagrass Reach in the City of Chesapeake. The project requires a wetlands permit. Continued from the September 25, 2018, Commission meeting.

6. DRUM POINT PROPERTIES, LLC, #16-1552 Requests authorization to construct a 114-foot long by 5-foot wide open-pile timber community pier with a 16-foot by 16-foot L-head platform, a 4-foot by 16-foot PVC kayak boarding dock and a 16-foot by 8-foot floating dock, along the Western Branch Elizabeth River, on Lot C of the Martins Point Subdivision, located off Bruce Road in the City of Chesapeake. This project requires a subaqueous and wetlands permit.

7. MARK E. BOSWELL, Oyster Planting Ground Application #2014-295 Requests authorization to lease up to ten (10) acres within Little Oyster Creek in Lancaster County. The application is protested by three nearby property owners.

8. THOMAS H. JAMES III, Oyster Planting Ground Application #2017-184 Requests authorization to lease 0.76 acres of Oyster Planting Ground in Nassawadox Creek adjacent to the Chesawadox subdivision in the Occohannock Neck area of Northampton County. The project is protested by nearby property owners.

9. THOMAS H. JAMES III, Oyster Planting Ground Application #2017-183 Requests authorization to lease 1.09 acres of Oyster Planting Ground in Nassawadox Creek in the Occohannock Neck area of Northampton County. The project is protested by nearby property owners.

10. PUBLIC COMMENTS

11. LICENSE STATUS REVIEW

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-995-10 et seq., "Pertaining to Commercial Hook-and-Line," to modify and clarify existing language.

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup (Porgy)," to increase the trip limit from 18,000 pounds to 28,500 pounds for the commercial Winter II period fishery of October 1 through December 31.

14. REQUEST FOR PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-950-10 et seq. "Pertaining to Black Sea Bass," to establish the commercial back sea bass fishery quota for 2019.

15. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1180-10 et seq., "Pertaining to Fishing Guides," to clarify the exact number of Class A fishing guide licenses available for purchase from the Commission each year.

16. REQUEST FOR AN EMERGENCY AMENDMENT The Shellfish Management Advisory Committee (SMAC) recommended adjustments to the current 2018-2019 Public Oyster Harvest Season and an update on the harvest of James River Seed Oysters.

PAGE 2 ITEMS

A. SHIRLEY CONTRACTING COMPANY, LLC, #18-1148 Requests authorization to replace the existing eastbound and westbound bridge crossings with new six-lane bridge crossings over Queen Creek on Interstate 64 as part of the I-64 Capacity Improvements-Segment III Design Build project in York County. Staff recommends approval with sound attenuation conditions for driving steel hollow piles that include ramp-up procedures, cushion blocks, and a confined bubble curtain. Permittee shall also execute a transfer of this permit to the Virginia Department of Transportation upon their acceptance of the structures.

PAGE 3 ITEMS

A. MARK RUTTER, #15-0816 Requests authorization to retain a second 5-foot wide open-pile private pier extending 15 feet channelward of mean low water with a 10-foot by 20-foot L-head deck along Adams Creek at 2310 Island Road in Gloucester County. The applicant has agreed to pay a civil charge in the amount of $1,000.00 and a triple permit fee in lieu of further enforcement action.

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



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