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AGENDA September 27, 2016

** 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. ROBIN ORR, #16-1274 Requests authorization to construct 144 linear feet of timber bulkhead, to replace an existing deteriorating bulkhead, and construct 98 square feet of vegetated wetlands along a tributary canal to Drum Point Creek, at the riparian residence of 2706 W. Meadow Drive in the City of Chesapeake. This project requires a VMRC wetlands permit.

6. PUBLIC HEARING: AMENDMENTS TO CHAPTER 4VAC-20-335-10 ET.SEQ., "PERTAINING TO ON BOTTOM SHELLFISH ACTIVITIES" To establish permit requirements and/or buffer distances from mean low water for the placement of aquaculture structures on oyster planting ground leases within the City of Virginia Beach.

7. PUBLIC COMMENTS

8. PRESENTATION Dr. Jon Hare of NOAA will give a presentation on effects of climate change on distribution of fish stocks.

9. OFFENDERS

10. 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."

11. PUBLIC HEARING Amendments to Chapter 4 VAC 20-650-10 et seq., "Establishment of Oyster Sanctuary Areas", to allow oyster harvesters using hand tongs only to cross through sanctuary areas provided they do not have oysters on board.

12. REQUEST FOR PUBLIC HEARING Emergency amendments to Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to modify current commercial summer flounder management measures.

13. REQUEST FOR PUBLIC HEARING To modify the commercial smoothound shark filleting at sea provisions established in Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," to comply with specifications established by the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for Coastal Sharks. Compliance is required by January 1, 2017.

14. REQUEST FOR PUBLIC HEARING Amendments to Chapter 4 VAC 20-490-10 et seq., "Pertaining to Sharks," to establish an alternate trip limit for the commercial spiny dogfish fishery.

15. REQUEST FOR PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass" to streamline buyer reporting requirements.

16. RECOMMENDATION From the Recreational Fishing Advisory Board on funding for meeting expenses and travel.

PAGE 2 ITEMS

A. CITY OF ROANOKE, #15-0486 Requests authorization to construct two (2) 16-foot wide prefabricated pedestrian bridges across the Roanoke River as part of the Bridge the Gap Greenway Phase II segment of the Roanoke River Greenway system, with the first bridge to be constructed in the vicinity of Aerial Way Drive and landing at the Norfolk Southern Materials Yard, and the second bridge originating from the Materials Yard and landing on the south side adjacent to flood reduction bench cuts in the City of Roanoke.

B. VIRGINIA ELECTRIC AND POWER COMPANY, #15-1336 Requests authorization to construct five (5) 230kV electric transmission lattice towers and to suspend two (2) 230kV circuits across a 5,900 linear foot section of the Nansemond River, at the existing Line 223/226 river crossing, approximately one mile upstream of the Route 17/Mills E. Godwin Bridge in the City of Suffolk. The existing towers and lines will be removed upon completion of the project. Staff recommends approval with permit conditions to include a Time of Year Restriction for instream work from February 15 through June 30 of any year to protect anadromous fish species, the use of bubble curtains during all pile driving activities, the establishment of buffer zones during construction activities to protect five potentially significant submerged cultural resources and a royalty of $59,458.00 for the encroachment of five (5) tower structures and two (2) electric circuits over 5,900 linear feet of State-owned submerged land.

PAGE 3 ITEMS

A. CORMAN MARINE CONSTRUCTION, INC., #16-1206 Requests authorization to retain six (6) temporary mooring buoys recently installed in the York River, southeast of Gaines Point in Gloucester County, to facilitate the staging of barges and pipe during the construction of the new HRSD York River Treatment Plant Outfall and Diffuser. The applicant has agreed to pay a civil charge of $6,000.00 in lieu of further enforcement action. Staff recommends approval contingent on the removal of all buoys upon completion of the project, acceptance of the aforementioned civil charge and an annual encroachment royalty of $300.00, assessed at a rate of 1/10th the normal rate of $500.00 per commercial buoy.

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



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