AGENDA September 24, 2019

** 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. LICENSE STATUS REVIEW

6. TIDEWATER TANK TERMINAL, LLC, #19-0949 Requests authorization to install 75-linear feet of riprap revetment, landward of a failing bulkhead along the Southern Branch Elizabeth River at 1324 McCloud Road in the City of Chesapeake. This project requires a VMRC wetlands permit.

7. SHIRLEY CONTRACTING COMPANY, LLC, #19-0554 Requests authorization to impact Difficult Run and Colvin Run, in association with the Route 7 Improvements Project between Colvin Run Road and Jarret Valley Drive in Fairfax County. Protested by multiple nearby property owners.

8. ADAM J. STERLING, Oyster Planting Ground Application #2018-160 Requests authorization to lease ten (10) acres of oyster planting ground in Revels Island Creek in Accomack County. The project is protested by an adjacent highland leaseholder.

9. PUBLIC COMMENTS

10. PUBLIC HEARING Proposal to establish the emergency amendment as a permanent part of regulation to Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," to lower the recreational possession limit in the Chesapeake Bay area, establish a 36" total length recreational maximum size limit ,and establish commercial gill net maximum mesh size requirements in the Chesapeake Bay and Coastal areas.

11. REQUEST FOR AN EMERGENCY AMENDMENT Proposal to amend Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," to establish a closure of the commercial cobia season effective October 1, 2019.

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to establish fall 2019 commercial offshore summer flounder fishery management measures.

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to revise the minimum size limit for commercial hook-and-line gear.

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-540-10 et seq., "Pertaining to Spanish Mackerel and King Mackerel," to establish closure procedures in state waters for the Spanish mackerel commercial fishery to coincide with federal waters closures as announced by the South Atlantic Fishery Management Council.

15. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," to revise the minimum recreational size limit for Atlantic shortfin mako sharks.

16. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-960-10 et seq., "Pertaining to Tautog," to establish a commercial tautog license and ASMFC mandated tagging system.

PAGE 2 ITEMS

A. CHESTERFIELD COUNTY ENVIRONMENTAL ENGINEERING, #18-0635 Requests authorization to modify their existing permit to increase the encroachment in Falling Creek associated with the construction of a stone forebay weir to 3,368 square feet, and to increase the linear footage of the Falling Creek stream channel dredging by an additional 387 linear feet. This modification is part of the Falling Creek Reservoir Restoration Project, in Chesterfield County. All permit conditions shall remain the same.

B. JAMES CITY COUNTY STORMWATER DIVISION, #19-0799 Requests authorization to construct a living shoreline consisting of 1,446 linear feet of rock sill, 1,488 cubic yards of sand fill, 16,117 square feet of marsh planting, 267 linear feet of coir log, and 162 linear feet of riprap revetment at Chickahominy Riverfront Park along the Chickahominy River and Gordon Creek in James City County. Staff recommends approval with a February 15 through June 30 instream work time-of-year restriction to protect anadromous fishes and endangered species, and the creation of an upland riparian buffer to reduce nutrient and sediment run-off as out-of-kind mitigation for impacts to submerged aquatic vegetation.

PAGE 3 ITEMS

A. ROBERT TAYLOR, #19-1481 Requests after-the-fact authorization to retain a 149-linear foot riprap revetment installed without a VMRC permit, adjacent to 908 Cavalier Drive, situated along Linkhorn Bay in Virginia Beach. The applicant has agreed to pay a $1,000.00 civil charge and a triple permit fee of $300.00 in lieu of further enforcement action.

B. TAZEWELL COUNTY PUBLIC SERVICE AUTHORITY, #16-0142 Requests after-the-fact authorization to retain an 8-inch sewer line installed using excavated open-trench methodology approximately five (5) feet below State-owned submerged lands that included a temporarily installed cofferdam for construction access in the North Fork Clinch River adjacent to the intersection of U.S Route 460 and State Route 651 in Tazewell County. The agent for the Service Authority responsible for the permit and construction oversite has agreed to pay a $2,000.00 civil charge in lieu of further enforcement action.

C. MHC BETHPAGE, LLC, #19-0906 Requests after-the-fact authorization to retain a 6-foot wide by 348-foot long commercial open-pile pier (B Dock) with 29 wet slips, an 8-foot by 10-foot open-sided covered fish cleaning station and two (2) timber access walkways situated along a cove of Robinson Creek at the Bethpage Camp-Resort facility in Middlesex County. The applicant has agreed to pay a $2,000.00 civil charge, an encroachment royalty of $10,520.00 and triple permit fees of $300.00 in lieu of further enforcement action.

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