AGENDA February 25, 2020


1. MINUTES of previous meeting.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval).



5. JAMES RIVER ASSOCIATION, #19-1896 Requests authorization to construct a 40-foot by 16-foot geogrid canoe launch at their property situated at 5501 New Market Road, adjacent to Turkey Island Creek in Henrico County. The project requires a tidal wetlands permit.

6. YMCA OF SOUTH HAMPTON ROADS, #19-1496 Requests authorization to install two (2) offshore stone breakwaters totaling approximately 676 linear feet, extend an existing breakwater approximately 30 linear feet, install a 100-foot long by 24-inch diameter stormwater outfall pipe, and nourish the area landward of the breakwaters with beach quality sand. The project is situated along the Chesapeake Bay adjacent to the YMCA Camp in the Silver Beach area of Northampton County. The project is protested by adjacent and nearby property owners.

7. BENNETT’S CREEK LANDING HOMEOWNERS ASSOCIATION, #18-1986 Requests authorization to remove the Commission-imposed boat lift height restriction in order to protect marina boats during high water events at the Bennett's Creek Landing Homeowners Association community marina, situated along Bennett's Creek at 106 Club Road in the City of Suffolk.

8. BROADWATER SEAFOOD, L.C., Oyster Planting Ground Application #2017-111 Requests authorization to lease 0.98 acres of Oyster Planting Ground in the Chesapeake Bay near the Sea Breeze Apartments in the Town of Cape Charles. The application is protested by the adjacent property owner.


10. PUBLIC HEARING Staff requests to incorporate the emergency amendments to Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder", that modify the landing dates, possession limits and landing limits for summer flounder commercially harvested offshore (federal waters) and landed in Virginia.

11. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-995-10 et seq., "Pertaining to Commercial Hook-and-Line", to modify existing language concerning time of day restrictions.

12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-110-10 et seq., "Pertaining to Lobsters" to establish minimum size of escape vents in lobster traps to comply with Addenda II and IV to the Interstate Fishery Management Plan for American Lobster.

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1310-10 et seq., "Pertaining to Jonah Crab" to establish a 2.75-inch minimum claw size for claw-specific harvest greater than 5 gallons, to establish a definition of Jonah crab bycatch, and to modify non-lobster trap possession limits to comply with Addendum I and II of the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for Jonah Crab.

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-450-10 et seq. "Pertaining to the Taking of Bluefish", to revise the recreational possession limits for bluefish.

15. DISCUSSION Oyster Replenishment Plan.

16. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-510-10 et seq. "Pertaining to Amberjack and Cobia", and Chapter 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting" to establish weekly harvest reporting and commercial fishery closure procedures for cobia, to comply with Amendment I of the Interstate Fisheries Management Plan for Atlantic Migratory Group Cobia.

17. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-1090-10 et seq., "Pertaining to Licensing Requirements and License Fees" to establish a license fee for the new Commercial Electrofishing License.

18. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq. "Pertaining to Black Sea Bass" to establish the commercial black sea bass fishery quota for 2020.


A. FAIRFAX COUNTY DEPARTMENT OF WASTEWATER DESIGN AND CONSTRUCTION, #19-0202 Requests authorization to install, by the open cut/trench method, a 12-inch diameter ductile iron gravity sanitary sewer transmission line, an average of six (6) feet beneath Little Hunting Creek between the Stratford Landing and Woodland Park subdivisions in Fairfax County. The sewer line will also be supported by a series of submerged pilings vibrated into the trench, once opened. Approximately 20 linear feet of the line will be encased in 24-inch diameter galvanized steel casing and will rest on the creek bottom, to maintain positive grade, as it crosses the creek channel. All instream work will be conducted within cofferdams and no instream work will be conducted from February 15 through June 30 of any year to protect anadromous fish species.

B. CITY OF VIRGINIA BEACH, #15-0549 Requests authorization to modify an existing Commission dredging permit to include an additional 16,000 cubic yards of State-owned submerged bottom in an attempt to expand the Crab Creek Municipal Channel adjacent to the existing wharf bulkhead serving the Lynnhaven Beach and Boat Ramp Facility in Virginia Beach. The expanded channel will be mechanically or hydraulically dredged down to maximum depths of minus eight (-8) feet mean low water, and the dredge spoils will be offloaded at the existing facility and utilized for City beach nourishment. Dredging of this additional area will include a one-time time-of-year restriction precluding dredging from May – September to protect juvenile flounder.

C. CITY OF PORTSMOUTH, #20-0055 Requests authorization to repair and replace approximately 1,800 linear feet of bulkhead and boardwalk, a maximum 3.8 feet channelward of the existing bulkhead, with eight (8) mooring dolphins, along the Southern Branch of the Elizabeth River, paralleling Water Street, from King Street to Tidewater Yachts property in the City of Portsmouth.


A. PINE POINT COMMUNITY ASSOCIATION, INC., #19-0834 Requests after-the-fact authorization to retain a 78-foot long (mhw) by 6-foot wide timber replacement community pier, extending 60 feet channelward of mean low water, adjacent to property situated along Cod Creek in Northumberland County. In this case, the contractor has agreed to a $1,000.00 civil charge. The Permittee has agreed to a $1,000.00 civil charge, triple royalty of $324.00, and a triple permit fee of $75.00 in lieu of further enforcement action.

B. J. SCOTT FINNEY, #19-2008 Requests authorization to retain a 6-foot wide by 185-foot long open-pile private pier with 601 square feet of deck space and to install two (2) 5-foot by 32-foot finger piers and a boatlift along the Ware River at 7040 Ware Neck in Gloucester County. The applicant has agreed to pay a civil charge in the amount of $1,000.00 and a triple permit fee of $300.00 in lieu of further enforcement action.


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