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AGENDA April 26, 2016


1. MINUTES of previous meeting.

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



5. DAVID ROLFE, #15-1175 Requests authorization to construct a single-family dwelling with an associated retaining wall along the Chesapeake Bay at 818 North 1st Street in the City of Hampton. The project requires a Coastal Primary Sand Dune/Beach permit.

6. CENTURYLINK, #16-0051 Requests authorization to relocate an existing, previously unpermitted, underground fiber optic telecommunication line across the Shenandoah River onto temporary poles located on either side of the river adjacent to the Route 624 Morgan Ford Road crossing near the Town of Front Royal in Warren County. The temporary line and poles will be removed once the permanent line is installed on the proposed new bridge under an agreement with VDOT. The project is protested by an adjacent upland property owner on the north side of the river.

7. COUNTY OF WARREN, #16-0144 Requests authorization to construct a 20-foot wide, concrete, public boat ramp into the Shenandoah River as part of the Farms Riverview Boating Access Facility in Warren County. The project is protested by three nearby property owners.

8. JOSEPH R. HEALY, #2014-281 Requests authorization to lease approximately 25 acres of planting grounds within Elmington Creek in Gloucester County. The application is protested by a nearby highland property owner.

9. JOSEPH R. HEALY, #2014-298 Requests authorization to lease approximately 71 acres of planting grounds within Blackwater Creek in Mathews County. The application is protested by two nearby highland property owners.



12. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks" to establish the May 1 through April 30 commercial spiny dogfish harvest quota.

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-900-10 et seq., "Pertaining to Horseshoe Crabs" concerning a proposed revision of the May 1 through June 7 prohibition that makes it unlawful for any individual to harvest horseshoe crabs within 1,000 feet in any direction of mean low water.

14. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-910-10 et seq., "Pertaining to Scup" to establish the May 1 through October 31 commercial scup harvest quota.

15. REQUEST FOR AN EMERGENCY AMENDMENT Industry proposal to increase the number of days that summer flounder harvested commercially from offshore may be landed in Virginia during the second landing period that began April 7.

16. REQUEST FOR PUBLIC HEARING Proposal to amend Chapters 4 VAC 20-270- 10 et seq. "Pertaining to Crabbing" and 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters" in order to ensure conservation of the blue crab resource and 2015/2016 Bay-wide Winter Dredge Survey.

17. DISCUSSION Continued discussion and updates on the 2016 recreational cobia fishery.

18. REQUEST FOR PUBLIC HEARING Proposal to establish Chapter 4 VAC 20-1310-10 et seq. to comply with the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for Jonah Crab by June 1, 2016. The proposed regulation establishes minimum size limits, gear restrictions, and possession limits for the harvest of Jonah crab. Request for May public hearing.


A. DEPARTMENT OF THE NAVY, #16-0021 Requests authorization to reinstall magnetometer sensor tubes and cables at -55 feet mean low low water (MLLW), requiring 2,345 cubic yards of fill on State-owned submerged lands by deploying a turbidity curtain and releasing sediments at -30 MLLW in the Elizabeth River at the Lambert’s Point Deperming Facility, in Portsmouth.

B. NORFOLK SOUTHERN RAILWAY COMPANY, #16-0246 Requests authorization to hydraulically dredge approximately 162,000 cubic yards of State-owned submerged bottomlands to maximum depths of -45 feet mean low low water (MLLW) in the existing ship berth and approaching channel along Pier P, and install 1,250 linear feet of sheet-pile shoring along Pier P in the Port of Hampton Roads on the Elizabeth River in the City of Norfolk. Dredged material will be pumped to the Craney Island Dredged Material Management Area. Staff recommends approval with special condition that the sheet pile shoring be driven by a vibratory hammer and a royalty in the amount of $28,800.00 for the dredging of 64,000 cubic yards of new material at a rate of $0.45 per cubic yard.

C. CITY OF PORTSMOUTH, #15-1359 Requests authorization to repair and replace approximately 3,660 linear feet of bulkhead and boardwalk, a maximum 3.8 feet channelward of the existing bulkhead, with 16 mooring dolphins, along the Southern Branch of the Elizabeth River, paralleling Water Street from the Downtown Tunnel to Tidewater Yachts property, in the City of Portsmouth.

D. CSX TRANSPORTATION, #10-1552 Requests authorization to modify their existing permit to include the construction of a temporary stone causeway composed of non-erodible materials, channelward of the mean low water mark, which will allow equipment access to construct 700 linear feet of class III riprap revetment extending a maximum 20 feet channelward of MLW to stabilize an eroding shoreline along the Potomac River adjacent to the Cherry Hill Third Rail project currently under construction in Stafford County. Staff recommends approval with a royalty of $6,291.00 for the filling of 2,097 square feet of State-owned subaqueous land at a rate of $3.00 per square foot.


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