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AGENDA March 27, 2018


1. MINUTES of previous meeting.

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



5. NATIONAL PARK SERVICE, #17-0921 Requests authorization to fill approximately 4.5 acres of State-owned submerged land to reconstruct and restore approximately 5.45 acres of Dyke Marsh, adjacent to the Potomac River and immediately south of the Belle Haven Marina, by the construction of a riprap breakwater structure, associated stone sills and tidal wetland creation, as part of the Dyke Marsh Wildlife Preserve Marsh Restoration/Protection Plan, in Fairfax County. The project is protested. Continued from the January 23 and February 28, 2018, Commission meetings.

6. ED DOYLE, #17-1273 Requests authorization to construct two (2) 40-foot long, near-shore, quarry stone breakwaters, and a 20-foot long quarry stone sill at his property on the Piankatank River at 1189 Horse Point Road in Middlesex County. The project is protested by an adjacent property owner.

7. APPALACHIAN POWER COMPANY, #17-1745 Requests authorization to install new telecom fiber optic cable over four (4) jurisdictional sections of Tinker Creek and Carvin Creek in Roanoke and Botetourt Counties that includes a 46-foot section of Carvin Creek adjacent to the intersection of Plantation Road and Boxley Road; a 40-foot section of Tinker Creek adjacent to the Hollins Road Route 601 bridge; a 23-foot section of Tinker Creek adjacent to the intersection of Plantation Road and Vista Drive; and a 75-foot section of Tinker Creek adjacent to the Lee Highway Route 11 bridge. The proposal to install cable over Carvin Creek is protested by an adjoining property owner.



10. PRESENTATION VIRGINIA INSTITUTE OF MARINE SCIENCE: Presentation of Dr. Bob Orth's annual review of the status of submerged aquatic vegetation.

11. PUBLIC HEARING To consider proposed amendments to Chapter 4 VAC 20-1230-10 et. seq., "Pertaining to Restrictions on Shellfish," to change the required recertification time interval for Shellfish Harvest Safety Training Certification, from 2 to 5 years, to conform to National Shellfish Sanitation Program guidelines.

12. PUBLIC HEARING To consider proposed amendments to Chapter 4 VAC 20-620-10 et. seq., "Pertaining to Summer Flounder," to lower the current recreational summer flounder minimum size limit from 17 inches to 16 ½ inches.

13. PUBLIC HEARING To consider proposed amendments to Chapter 4 VAC 20-620-10 et. seq., "Pertaining to Summer Flounder," to allow New Jersey vessels that possess summer flounder, harvested commercially from federal waters, to enter Virginia waters but not offload summer flounder in Virginia. Currently, North Carolina vessels are afforded this allowance.

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-510-10 et seq., "Pertaining to Amberjack and Cobia," to adopt commercial and recreational fishing regulations required by the recently approved Atlantic States Marine Fisheries Commission management plan for cobia.

15. DISCUSSION A request for an April public hearing to consider amendments to Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," that would: 1) establish the May 1, 2018 through April 30, 2019 commercial spiny dogfish harvest quota as 4,123,239 pounds; and, 2) modify harvest limits.

16. DISCUSSION A request for an April public hearing to consider amendments to Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to establish the 2018 recreational fishery management measures.

17. DISCUSSION Request for April public hearing. The Commission proposes to consider amending Chapter 4 VAC 20-752-10 et seq., by modifying the season closure dates in sanctuary Areas 2, 3 and 4, from May 9 to May 16.

18. DISCUSSION Establish 2018 recreational blueline tilefish fishery measures.


A. VIRGINIA BEACH PUBLIC WORKS, #16-0516 Requests authorization to modify the existing Chesopeian Colony Special Service District dredging permit to include the additional dredging of 441 cubic yards of State-owned submerged bottomlands to achieve maximum depths of minus four and a half (-4.5) feet mean low water adjacent to 2804 West Point Court and 633 Chesopeian Trail in the Chesopeian Colony subdivision, situated along Pinetree Branch in Virginia Beach. All existing permit conditions will remain in effect.

B. VIRGINIA ELECTRIC AND POWER COMPANY, #18-0019 Requests authorization to excavate approximately 285 square feet of subaqueous bottom and install temporary timber mats, sheetpile cofferdams and wooden bridges to facilitate repairs to the foundations of five transmission line support structures (Lines 85 & 2016, structures 69-73) located approximately 500 feet upstream (northwest) of the Eltham Bridge crossing of the Eltham Marsh Thorofare and the Pamunkey River in New Kent County. Recommend approval contingent on adherence to our standard instream permit conditions, a February 15 - June 30 instream work time-of-year restriction (Pamunkey River only) to protect anadromous fishes and removal of all temporary mats, bridges and sheetpile cofferdams upon completion of the project.

C. NORFOLK SOUTHERN RAILWAY COMPANY, #15-1667 Requests authorization to revise a previously approved permit to include an additional 285 linear feet of sheet pile bulkhead and to fill approximately 10,807 square feet of submerged lands in an effort to aid in the stabilization of the Norfolk Southern Pier 6 property along the Elizabeth River at the Norfolk Southern Lambert's Point Dock. Staff recommends approval with the condition that the permittee agrees to fund or construct an oyster reef expansion project or new reef project in the Elizabeth River Watershed. The funding amount or construction funding shall be no less than $54,034.00, which is equal to $5.00 per square foot of area authorized to be filled by this permit modification. The reef expansion project or new reef shall be permitted by the Commission and completed within three (3) years of the date of this modification approval. Should the permittee be unable to identify or design a reef project the permittee shall request reconsideration of an alternative mitigation plan for the authorized fill area prior to the three-year completion period.

D. HUNTINGTON INGALLS INCORPORATED-NEWPORT NEWS SHIPYARD, #10-1518 Requests authorization to modify an existing permit and hydraulically dredge an additional 868,259 cubic yards of State-owned subaqueous bottom to attain depths of -50 feet mean low water for aircraft carrier navigational zones, -40 feet mean low water for submarine navigational zones and -30 feet for all other zones at their shipbuilding facility located a 4101 Washington Avenue in the City of Newport News. All proposed dredge material will be transported to Craney Island Dredged Material Management Area for disposal. Staff recommends approval of the modification with a royalty in the amount of $390,716.55 for the new dredging of 868,259 cubic yards of State-owned subaqueous bottom at a rate of $0.45 per cubic yard.


A. WALZEE, LLC, #17-2032 Requests after-the-fact authorization to retain 20 timber pilings in support of a proposed 184-foot long by 8-foot wide upper deck expansion, with an 84 square foot deck, a 428-foot long by 6-foot wide lower deck expansion and a 100-foot long by 6-foot wide timber fishing pier with a 300 square foot T-head, adjacent to property situated along the Potomac River at 850 Salisbury Park Road in Westmoreland County. The applicant has agreed to a $1,000.00 civil charge and a triple permit fee of $300.00 in lieu of further enforcement action


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