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AGENDA FEBRUARY 24, 2015

**APPROVAL OF AGENDA.  

1.  MINUTES of previous meeting.

2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).

3.  CONSENT AGENDA ITEMS.

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.

5. SEAGATE TERMINALS, L.L.C., #14-1667, requests authorization to dredge approximately 137,500 cubic yards of State-owned submerged land to achieve maximum depths of -42 feet mean low water, to install 100 linear feet of steel sheet-pile bulkhead, 160 linear feet of riprap revetment, a 550-foot long by 80-foot wide wharf and a 615-foot long by 50-foot wide access dock with four (4) mooring dolphins and associated catwalks, and to construct approximately 600 linear feet of living shoreline in association with a proposed bulk materials handling facility adjacent to Jefferson Street situated north of the South Norfolk Jordan Bridge along the Southern Branch of the Elizabeth River in Chesapeake. The project requires a wetlands and a subaqueous permit.

6. UPPER BRANDON PLANATION, #14-1840, requests authorization to construct three (3) stone breakwater structures, with nourishment and appropriate wetland vegetation plantings; and to place a riprap revetment along a portion of shoreline within and adjacent to the James River adjacent to the Upper Brandon Conference Center & Sporting Lodge at 1802 Upper Brandon Road in Prince George County. The project requires a wetlands and a subaqueous permit.

7. KENNETH A. and LILLIAN PAYNE, #14-1445, requests authorization to construct a 42-foot long by 14-foot wide commercial pier with eight mooring piles to create three 36-foot long wetslips, adjacent to property situated along Branson Cove in Westmoreland County. The project is protested by an adjacent property owner.

8. ARMY CORPS OF ENGINEERS, #09-0483, requests authorization to increase the maximum amount of cubic yards placed in their existing overboard placement site located adjacent to State-owned marsh northwest of Peeler Point in Public Ground 61 in Upshur Bay from 100,000 to 200,000 cubic yards, per dredge cycle. All other permit conditions would remain the same. The modification is part of the Upshur Bay Federal Navigation dredging project. The project requires a wetlands and a subaqueous permit.

9. PUBLIC HEARING: Removal of a portion of Additional Clam Grounds as previously set aside by the Commission in 1930, within the Ware River, in response to an application to lease oyster planting ground.

10. PUBLIC COMMENTS.

11. OFFENDERS.

12. POUND NET: Case involving protests of an application to the Commission to license a pound net at a new location, in accordance with Chapter 4VAC20-25-10 et seq., "Pertaining to Pound Net Siting Public Interest Review."

13. PUBLIC HEARING: Proposed final adoption of emergency amendments to Chapter 4 VAC 20-450-10 et seq. "Pertaining to the Taking of Bluefish', to establish the 2015 commercial bluefish quota.

14. PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting", that establish requirements of authorized blue crab fishery agents.

15. PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-270-10 et seq., "Pertaining to Crabbing", that limit the use of fish pots by active crab pot or peeler pot fishermen.

16. PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder", to modify the start date and landing limit for the directed landing period.

17. REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-252-10 et seq. "Pertaining to the Taking of Striped Bass", to establish the annual Chesapeake Bay and Coastal recreational management measures and to modify the northwestern Chesapeake Bay management boundary for possession of commercial striped bass tags from more than one jurisdiction.

18. REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-280-10 et seq. "Pertaining to Speckled Trout and Red Drum", to establish the annual recreational and commercial management measures for speckled trout.

19. REQUEST FOR PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-20-10 et seq. "Pertaining to Licensing of Fixed Fishing Devices" to amend the gear management measures for pound nets within the bottlenose dolphin take reduction plan and the endangered species act for sea turtle take conservation areas.

20. DISCUSSION: Request approval of the 2015 Oyster Replenishment Plan and the associated Procurement Procedures.

21. DISCUSSION: Request for letter of support for the protection of Mid-Atlantic stock of blueline tilefish.

PAGE 2 ITEMS 

2A. APEX, #14-1692, requests authorization to dredge 13,000 cubic yards of State-owned submerged land during an initial cycle, to achieve maximum depths of -33 feet mean low water, and to maintenance dredge 10,000 cubic yards of material on an as needed basis, adjacent to their facility at 428 Barnes Road situated along the Southern Branch of the Elizabeth River in Chesapeake. Dredged material will be disposed of at an approved upland site. Staff recommends approval of the project with an instream work time-of-year restriction of February 15 to June 30 to protect anadromous fishes and a royalty assessment of $5,850.00 for the dredging of 13,000 cubic yards of State-owned subaqueous material at a rate of $0.45 per cubic yard.

2B. CHESTERFIELD COUNTY DEPARTMENT OF TRANSPORATION, #14-1691, requests authorization to extend an existing quadruple 10-foot by 12-foot box culvert over Falling Creek, by an additional 22.5 feet northward and 24.5 linear feet southward with associated wingwalls and riprap stabilization, and to install a 16-inch diameter ductile iron waterline by the open cut method, beneath an approximately 24-foot wide section of Falling Creek, as a part of the Lucks Lane road widening project in Chesterfield County.

2C. PRINCE WILLIAM COUNTY DEPARTMENT OF TRANSPORTATION, #14-1779, requests authorization to widen an existing bridge crossing by 74 feet, spanning a 45-foot wide section of Kettles Run and to install riprap along 236 linear feet of the streambank to stabilize the area beneath the bridge, as part of the Route 28 (Nokesville Road) Widening and Improvements Project, in Prince William County. Staff recommends approval of the project with the following conditions: a mussel survey and relocation shall be performed from 100 meters upstream through 400 meters downstream of impact areas in Kettle Run. This survey must be performed by a qualified, permitted biologist, preferably no more than six months prior to the start of construction. Any relocations must be coordinated with the Department of Game and Inland Fisheries. A time-of-year restriction on all instream work will be in force from April 15 through June 15 and August 15 through September 30 of any year to protect the State-endangered brook floaters. All instream activities should be conducted during low or no flow conditions, using non-erodible cofferdams or turbidity curtains to isolate the construction area, blocking no more than 50% of the stream flow at any given time.

2D. MARINE HYDRAULICS, INC., #14-1207, requests authorization to install a Port Security Barrier consisting of floating sections with under-hanging 24-inch mesh netting, secured between 18 anchor and buoy structures, which encircle and protect U.S. Naval ships undergoing overhauls and repairs at their Lamberts Point Facility along the Elizabeth River at 1215 Warrington Avenue in the City of Norfolk. Staff recommends approval with a special permit condition that Buoys D, E, and F be colored yellow and Buoys D and F be lit by a slow flashing amber light per U.S. Coast Guard requirements.

2E. RICHMOND DEPARTMENT OF PLANNING & DEVELOPMENT REVIEW, #14-1316, requests authorization to construct the Brown's Island Dam Walk project across the James River by retrofitting the existing Brown's Island Dam structure into an elevated, multi-use, universally-accessible, non-motorized route across the river between the South Belvedere Street (Rt. 1/Rt. 360) and the South 9th Street roadway bridges in the City of Richmond. Recommend approval with standard in-stream work conditions and a time-of-year restriction from February 15 and June 30 of any year to protect anadromous fish species in the area.



PAGE 3 ITEMS
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VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE JANE MCCROSKEY (757-247-2215) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

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



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