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AGENDA January 24, 2017

** 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. HRIBC, #16-1841 Requests authorization to fill 5,464 square feet of tidal wetlands to construct two (2) culverted road crossings and two (2) stormwater outfalls in jurisdictional wetlands along the Southern Branch Elizabeth River at 5100 Bainbridge Boulevard, in the City of Chesapeake. This project requires a wetlands permit.

6. JEAN CASE, #16-1320 Requests authorization to install two (2) stone breakwater spurs over 325 square feet of State-owned subaqueous bottom along the East River shoreline at 726 Turpin Lane in Mathews County. The project is protested by an adjacent property owner.

7. CITY OF NORFOLK, #16-0013 Requests authorization to construct 82 linear feet of timber bulkhead, two feet channelward of an existing deteriorating bulkhead; and construct a 500 square foot municipal floating dock and kayak launch, connected by a 40-foot long by 5-foot wide gangway, along Knitting Mill Creek, at 700 W 44th Street, in The City of Norfolk. The project is protested by the adjacent property owner.

8. DOMINION VIRGINIA POWER, #16-1152 Requests authorization to cross 40 linear feet of Wilson Creek with a 19.9 kV aerial electrical line with a minimum height of 28 feet above mean high water at a site located downstream of the Cunningham Lane bridge crossing in Gloucester County. The temporary aerial crossing is proposed to facilitate bridge repair work and the line will be moved back to its current location following completion of the bridge work. The project is protested by an adjacent property owner.

9. JOHNNIE TYNES, JR., Oyster Planting Ground Application #2014-123 Requests authorization to lease approximately four (4) acres within the James River in the City of Newport News. The application is protested by an adjacent leaseholder.

10. DENNIS PARKER, Oyster Planting Ground Application #2015-153 Requests authorization to lease approximately five (5) acres of oyster planting grounds within the James River in the City of Newport News. The application is protested by an adjacent leaseholder.

11. PUBLIC COMMENTS

12. OFFENDERS

13. PUBLIC HEARING To make amendments to Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass", to lower the 2017 Coastal Area Commercial Fishery Striped Bass Quota.

14. REQUEST FOR PUBLIC HEARING To make amendments to Chapter 4 VAC 20-620-10 et seq."Pertaining to Summer Flounder," to modify the landing dates, landing periods, possession limits and landing limits for summer flounder commercially harvested outside of Virginia waters.

15. REQUEST FOR PUBLIC HEARING To make amendments to Chapter 4 VAC 20-620-10 et seq."Pertaining to Summer Flounder," to modify minimum size limits and possession limits for summer flounder recreationally harvested in Virginia waters.

16. REQUEST FOR PUBLIC HEARING To make amendments to Chapter 4 VAC 20-950-10 et seq."Pertaining to Black Sea Bass," to establish the commercial back sea bass fishery quota for 2017.

17. DISCUSSION Request for approval of the 2017 Oyster Replenishment Plan and associated procurement procedures.

18. DISCUSSION Reconfiguration of the Rappahannock River Rotation Area Maps to establish a transit area for vessels traveling with hand scrapes or dredges.

PAGE 2 ITEMS

A. TYCO ELECTRONICS SUBSEA COMMUNICATIONS LLC, #16-1869 Requests authorization to install two (2) five-inch fiber optic telecommunications conduits within the Atlantic Ocean, directly adjacent to 920 Vanderbilt Avenue (Croatan Beach Municipal Parking Lot) in Virginia Beach within an approximate 180 meter corridor. The two conduits will be installed by horizontally directionally drilling under the beach and extend to a distance approximately 0.5 nautical miles offshore. The conduits will remain vacant with the intent of providing infrastructure for the future landing of undersea fiber optic telecommunications cables. Staff recommends approval with a royalty of $18,228.00 for the crossing of 6,076 linear feet of State-owned submerged bottomlands at $3.00 per linear foot.

B. ALEXANDRIA DEPARTMENT OF TRANSPORTATION AND ENVIRONMENTAL SERVICES, #16-1420 Requests authorization to mechanically maintenance dredge a maximum of 50,000 cubic yards of accumulated sediments, on an annual basis, from five (5) flood control channels; Cameron Run, Holmes Run, Backlick Run, Hooffs Run and Four Mile Run, to return them to their original design configurations, in the City of Alexandria. Staff recommends approval with a time-of-year restriction from February 15 through June 30 for the dredging in Cameron Run and Four Mile Run, to protect anadromous fish species.

C. LYON SHIPYARD, #16-0368 Requests authorization to construct a 380-foot by 124-foot dry dock structure, two (2) mooring dolphins, and a 12-foot by 120-foot access ramp; and to mechanically dredge 81,400 cubic yards of sediment to achieve depths of -42 mean low water (MLW) with future five-year maintenance dredge cycles of 15,000 cubic yards in the Eastern Branch of the Elizabeth River adjacent to the Lyon Shipyard facility at 1818 Brown Avenue in the City of Norfolk. Non-contaminated soils from dredging will be barged to the Craney Island Rehandling Basin and contaminated soils will be barged to a transfer site and disposed of at an approved location. Staff recommends approval of the project as proposed with special conditions to protect anadromous fish species and sound attenuation during pile driving to include: a time-of-year restriction for any pile driving from February 15 to June 30 of any year, the use of wooden pile cap cushions for impact hammer pile driving, and the use of a bubble curtain during pile driving. Staff recommends a royalty of $36,630.00 for the 81,400 cubic yards of new dredging.

PAGE 3 ITEMS

A. BLAND ENTERPRISES, #15-0643 Requests after-the-fact authorization to retain a private, non-commercial 33-foot by 34-foot (1,122 square feet) open-sided, dual-slip boathouse with two (2) lifts and associated catwalks, at the channelward end of an existing pier, adjacent to riparian property situated along the Chickahominy River at 4031 S/ Riverside Drive in James City County. The contractor has agreed to pay a civil charge of $1,000.00 I lieu of further enforcement action. Staff recommends approval contingent on the acceptance of the aforementioned civil charge and triple permit fee of $300.00.

B. SALT GROVE L.C., #16-1562 Requests after-the-fact authorization to retain a 40-foot long by 10-foot wide floating platform, a 20-foot long by 4-foot wide gangway that leads to the floating platform and a 20-foot long by 10-foot wide section of an area the has been bulkhead and backfilled. The after-the-fact project is situated along Eyrehall Creek which is a tributary to Cherrystone Creek and adjacent to Salt Grove Landing in Northampton County. The applicant has agreed to pay a civil charge of $10,000.00, in lieu of further enforcement action. Staff recommends approval contingent on the acceptance of the aforementioned civil charge, triple royalties of $3,757.50 and triple permit fee of $75.00.

C. FEREBEE COVE CONDOMINIUM CORP., #16-0728 Requests authorization to construct a 5-foot wide by 16-foot long finger pier and install one (1) uncovered boat lift; and after-the-fact authorization to retain a 5-foot wide by 16-foot long finger pier and one (1) uncovered boat lift installed without Commission authorization, all part of the existing multi-user condominium pier adjacent to 1627 Godfrey Lane, situated along Ferebee Cove in Virginia Beach. The contractor has agreed to pay a civil charge of $1,000.00 in lieu of further enforcement action. Staff recommends approval contingent on the acceptance of the aforementioned civil charge, a triple permit fee of $300.00, and a royalty of $480.00 for the encroachment of the proposed finger pier and the triple royalty for the installed finger pier.

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



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