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AGENDA June 27, 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. MARIE JUSTICE, #17-0601 Requests authorization to construct 145 linear feet of riprap revetment, landward of an existing deteriorated bulkhead, along the Eastern Branch Elizabeth River, at residence of 106 Lenwill Drive in Chesapeake. The project requires a wetlands permit.

6. VIRGINIA ELECTRIC AND POWER COMPANY, #13-0408, Requests authorization to cross State-owned bottomlands to construct a new 27.75 mile overhead transmission line known as the Surry, Skiffs Creek, Whealton Substation project that will span the James River from Surry County to James City County and includes crossings of Wood Creek in James City County and Skiffs Creek between James City County and Newport News, as well as Lee-Hall and Harwood's Mill reservoirs. The project is protested by a number of organizations and residents.

7. COLONIAL PIPELINE COMPANY, #15-1211 Requests authorization to modify an existing permit to allow for the installation, by directional bore method, of a 14-inch diameter petroleum transmission replacement line, in an existing easement, a minimum 80 feet beneath a 4,200 linear foot wide section of the Nansemond River in the City of Suffolk. The project is protested by an oyster ground leaseholder.

8. PEACOCK HOLDINGS VA LLC, Violation #17-07 Consideration by the Commission to allow submittal of an after-the-fact application or proceed to a restoration hearing for a violation involving the construction of two screened roof additions, to include use as a restaurant, bar, seating and preparation areas located on a previously permitted marina pier at the Oyster Farm Marina situated along Kings Creek in the Town of Cape Charles.

9. BRIEFING AND REQUEST FOR PUBLIC HEARING Proposed "Living Shoreline Group 2 General Permit for Certain Living Shoreline Treatments Involving Submerged Lands, Tidal Wetlands, and/or Coastal Primary Sand Dunes and Beaches." This second general permit regulation is being developed pursuant to §28.2-104.1 of the Code of Virginia.

10. PUBLIC COMMENTS

11. OFFENDERS

12. PUBLIC HEARING Proposal to rescind the commercial fee increase that was scheduled to go into effect in December 2017.

13. PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," that would establish the May 1, 2017 through April 30, 2018 commercial spiny dogfish harvest quota as 4,220,814 pounds and remove the weekly buyer reporting requirement.

14. PUBLIC HEARING Proposal to amend Chapters 4 VAC 20-270-10 et seq., "Pertaining to Crabbing"; 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters"; and, 4 VAC 20-752-10 et seq., "Pertaining to the Blue Crab Sanctuary."

15. DISCUSSION To increase Virginia's portion of the coast wide total allowable catch of menhaden, in accordance with recent ASMFC actions.

16. DISCUSSION Recreational blue crab fishery issues concerning cull ring use and practices involved in fishing recreational crab pots.

PLEASE NOTE: OWING TO A PUBLICATION ERROR BY ONE OF THE THREE NEWSPAPERS REQUIRED, BY SECTION 28.2-209 OF THE CODE OF VIRGINIA, FOR PUBLICATION OF THE REGULATIONS SLATED FOR PUBLIC HEARING, THESE REGULATIONS WILL BE PROPOSED AT THIS MEETING AS EMERGENCY REGULATIONS. BECAUSE OF THIS UNIQUE SITUATION, THE COMMISSIONER WILL TAKE PUBLIC COMMENTS AT THE HEARING ON JUNE 27, 2017 AND AGAIN AT THE JULY MEETING.

PAGE 2 ITEMS

A. KINDER MORGAN OPERATING L.P. “C”, #17-0648 Requests authorization to maintenance dredge up to 80,000 cubic yards, on an annual dredge cycle to maintain depths of -38 and -52 feet mean low water along the James River for Piers IX and X of their facility located at 1900 Harbor Access Road in the City of Newport News.

PAGE 3 ITEMS

A. GLEN MALSTROM, #17-0649 Requests after-the-fact authorization to retain 70 linear feet of vinyl replacement bulkheading, aligned a maximum of two feet channelward of a deteriorating bulkhead, situated along Chincoteague Bay adjacent to Lot #1320 on Blackbeard Road in the Captains Cove subdivision, Accomack County. The agent/contractor has agreed to pay a civil charge of $3,000.00, in lieu of further enforcement action. Staff recommends approval contingent on the acceptance of the aforementioned civil charge, triple royalties of $420.00 and a triple permit fee of $75.00.

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



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