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AGENDA AUGUST 25, 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 modify an existing authorized project, to impact additional non-vegetated wetlands resulting from the construction of an outfall, to construct a 10-foot by 20-foot fire suppression equipment platform and intake pipe on the proposed concrete access dock, to construct an approximate 1,240 square foot mooring dolphin and associated fender system on the southern end of the main wharf, to include additional 6-pile timber bumpers on the southeast and southwest corners of the main wharf, to relocate the proposed 19-pile timber clusters, and to construct two (2) pipe piles with rolling tire fender systems north of the South Norfolk Jordan Bridge in association with a proposed marine terminal facility adjacent to their property located at Jefferson Street situated along the Southern Branch of the Elizabeth River in Chesapeake.

6. CHERRY HILL CONSTRUCTION, INC., #15-0777, requests authorization to impact tidal wetlands in Boush Creek associated with the construction of the I-564 Intermodal Connector Project, which includes 2.5 miles of roadway alignment, including two (2) bridge crossings of Boush Creek, in the City of Norfolk. The proposal also includes impacts to State-owned submerged lands along the Elizabeth River resulting from the construction of an associated outfall. The project requires a wetlands and subaqueous permit.

7. JEFFREY PAXTON, #14-1604, requests after-the-fact authorization to retain an existing oversized pier that encroaches over approximately 800 square feet of State-owned submerged land and to construct a 32-foot wide by 41-foot long open-sided roof over two (2) existing boatlifts and existing pier decking, and to construct four (4) mooring piles adjacent to 2634 Janson Drive situated along Drum Point Creek in Chesapeake.

8. OYSTER PLANTING GROUND APPLICATIONS: JEROME BONNIVILLE, #2013-163; JEROME BONNIVILLE, #2013-164; CARL SETTERHOLM, #2014-028; JENNIFER BONNIVILLE, #2014-040; JENNIFER BONNIVILLE, #2014-050; SHANNON FEDORS, #2014-075; JOHNNIE TYNES, #2014-091; DONNA MELZER, #2014-088. All applications are the subject of a protest and a petition requesting the Commission set the areas aside for either public clam grounds or as areas not to be leased and left for other public uses to include clamming, fish haul areas, fixed fishing device areas and crabbing. All the applications are within the York River downstream of the U. S. Route 17 Coleman Bridge in Gloucester and York Counties.

9. PUBLIC COMMENTS.

10. OFFENDERS.

11. FAILURE TO REPORT: Cases involving failure to report commercial harvests, in accordance with Chapter 4 VAC 20-610-10 et seq., "Pertaining to Commercial Fishing and Mandatory Harvest Reporting."

12. PUBLIC HEARING: Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," request to establish the 2015-2016 public oyster harvest seasons and management measures that could include, but are not limited to, lower bushel limits and effort limitations.

13. PUBLIC HEARING: Chapter 4 VAC 20-280-10 et seq., "Pertaining to Speckled Trout and Red Drum," request to conform the penalty section with recent changes to the Code of Virginia.

14. REQUEST FOR SEPTEMBER PUBLIC HEARING: Proposed amendments to Chapter 4 VAC 20-110-10 et seq., "Pertaining to Lobsters," to establish a bycatch permit for the harvest of American lobster in State waters.

15. DISCUSSION ITEM: The Virginia Institute of Marine Science will give a presentation on the results of an investigation of the potential impact of the Gwynn's Island bridge rehabilitation work on mortality in a nearby oyster hatchery.


PAGE 2 ITEMS 

2A. ARMY CORPS OF ENGINEERS, #15-0786, requests authorization to place up to 500,000 cubic yards of dredge material per dredge cycle, from the Tribell Shoal Federal Channel, in a previously approved and utilized open-water disposal area adjacent to the north reach of the Federal Channel in the James River, centered at approximately N37-13.0683, W76-40.3785 in James City and Surry Counties. Staff recommends approval and a time-of-year restriction for dredge material placement from February 15th through June 30th of any year to protect anadromous fish species.

2B. METRO FIBER NETWORKS, INC., #15-0701, requests authorization to install two (2) 1.36-inch diameter fiber optic telecommunication cables, using direction boring and ploughing methodologies, under 13,455 linear feet of State-owned subaqueous bottom of Hampton Roads, east of the Hampton Roads Bridge Tunnel, from Fort Monroe to Willoughby Spit in the Cities Hampton and Norfolk. Staff recommends approval of the project with a royalty of $80,730.00 for the encroachment under 26,910 linear feet of State-owned subaqueous bottom at a rate of $3.00 per linear foot and a special permit condition that the applicant shall adhere to the submitted frac-out monitoring response plan.

2C. BAE SYSTEMS, #13-0827, requests authorization to modify an existing permit, to install an additional 3,877 linear feet of security barrier which encircle and protect U.S. Naval ships undergoing overhauls and repairs at their facility at 750 West Berkley Avenue situated along the Southern Branch of the Elizabeth River in Norfolk. Existing permit conditions remain in effect.

2D. ELIZABETH RIVER CROSSINGS, OPCO LLC, #11-1116, requests authorization to modify an existing permit, to extend the Norfolk permanent bulkhead wall an additional 66-feet channelward, to include 12 steel pipe piles as part of a pipe pile fender system for additional protection, and to include a backfill type change of 0.18 acres of ordinary fill to 57 stone to facilitate the construction of an additional tunnel for the Mid-town crossing as part of the U.S. Route 58 Downtown Tunnel/Mid-town Tunnel/Martin Luther King Freeway Expansion Project across the Elizabeth River between the cities of Norfolk and Portsmouth.

2E. SUFFOLK DEPARTMENT OF PUBLIC WORKS, #15-0491, requests authorization to replace the existing bridge with a new 30-foot wide bridge across approximately 42 linear feet of Spivey Run Swamp, to include a new support structure in the middle of the bridge to be constructed utilizing precast concrete bottomless culverts, headwalls and wingwalls, riprap, cast-in place footings, stone bedding, and to include the use of temporary sheet piles to allow for the placement of the footings in the dry, located along Arthur Drive in Suffolk.



 PAGE 3 ITEMS

3A. ASSOCIATED CONTRACTING, #14-1245, requests after-the-fact authorization to retain a 6-foot wide by 86-foot long private, non-riparian pier with a 10-foot wide by 10-foot long L-head platform adjacent to 623 West Ocean View Avenue, which is bordered by a City platted street, situated along Willoughby Bay in Norfolk.


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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