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AGENDA October 27, 2015


1. MINUTES of previous meeting.

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



5. CITY OF NEWPORT NEWS, #15-0019 Requests authorization to mechanically dredge up to1,510 cubic yards of State-owned subaqueous land, and maintenance dredge up to 1,510 cubic yards of subaqueous material per annual dredge cycle, to maintain depths of minus seven (-7) feet MLW, at the Newport News Menchville Marina along Deep Creek at 520 Menchville Road South in the City of Newport News. The project is protested.

6. RIVER REACH ASSOCIATION, #15-0867 Requests authorization to install one (1) uncovered boatlift at an existing community pier on Sturgeon Creek at the end of Bluebird Lane in Middlesex County. The project is protested by an adjacent property owner.

7. MILL CREEK SHELLFISH, #15-0898 Requests authorization to construct a 168-foot long by 4-foot wide commercial pier which includes a 10-foot long by 4-foot wide L-head to accommodate intake pipes, pumps and the mooring of a boat situated at the mouth of Mill Creek, a tributary to Cherrystone Creek, in Northampton County. The project is protested by a nearby property owner.

8. ROUTE 28 CORRIDOR IMPROVEMENTS, LLC, #15-0529 Requests authorization to construct a four-lane, clear-span, roadway bridge, with associated temporary fill for construction access, over Broad Run as part of the final segment of the Pacific Boulevard Extension Project in Loudoun County. The project is protested by an adjacent property owner.

9. PUBLIC HEARING Proposed amendments to REGULATION 4 VAC 20-290-10 ET SEQ. "PERTAINING TO MARKING OF LEASED OYSTER PLANTING GROUND" and REGULATION 4 VAC 20-335-10 ET SEQ. "AUTHORIZES SHELLFISH AQUACULTURE STRUCTURES." The amendments are proposed to address the marking requirements for leases and areas within leases containing aquaculture structures based on a review by the Shellfish Management Task Force and input from both the Shellfish Management Advisory Committee and the agency Regulatory Review Committee.



12. 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."

13. POUND NET REVIEW Case involving protests of an application to the Commission to license a pound net at a new location, in accordance with Chapter 4 VAC 20-25-10 et seq., "Pertaining to Pound Net Siting Public Interest Review."

14. PUBLIC HEARING Request to codify the emergency amendment of Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" established at the September meeting, that rescinded all effort control provisions adopted August 25, 2015 clarified requirements associated with possession and harvest of oysters for commercial purposes of the recently adopted limited entry oyster fishery requirements for 2016, as part of this chapter.

15. PUBLIC HEARING Request to amend Chapter 4 VAC 20-1140-10 et seq., "Prohibition of Crab Dredging in Virginia Waters" to consider whether to close the commercial winter crab dredge fishing season, under Chapter 4 VAC 20-1140-10 et seq.

16. PUBLIC HEARING Request to amend Chapter 4 VAC 20-1090-10 et seq., "Pertaining to License Requirements and License Fees," to establish an eel pot license. At this time eel pots and fish pots can be purchased under a single license.

17. PUBLIC HEARING Request to amend Chapter 4 VAC 20-620-10 et seq., "Pertaining to Summer Flounder," to consider changes to current commercial summer flounder vessel possession and landing limitations, as well as seasonal time periods associated with the landing of summer flounder harvests from federal waters.

18. REQUEST FOR PUBLIC HEARING Marking requirements, for eel pot, as part of Chapter 4 VAC 20-140-10 et seq., "Pertaining to identification of crab pots, peeler pots, and fish pots."

19. RECONSIDERATION OF PUBLIC HEARING Modifications to the 2015-2016 public oyster harvest season for two areas, Public Ground Number 9 and Public Ground Number 10, in the Pocomoke Sound west of Saxis, Virginia.

20. DISCUSSION Report on potential description of fish pot gear.

21. DISCUSSION The Virginia Institute of Marine Science will give a presentation on the results of an investigation of the potential impact on Gwynn's Island bridge rehabilitation work on mortality in a nearby oyster hatchery.

22. REQUEST FOR PUBLIC HEARING Request for a December public hearing: Establishment of the 2016 commercial black sea bass quota.


2A. LANE/CORMAN JOINT VENTURE, #15-1268 requests authorization to construct a 710-foot long, two-lane clearspan bridge across the South Fork Rivanna River to improve safety and operational deficiencies along the U S Route 29 corridor, between Hilton Heights Road and Towncenter Drive, in Albemarle County. This project is a design build project for VDOT and all permits will be transferred to VDOT upon completion of the project.

2B. SHIRLEY CONTRACTING COMPANY, LLC, #15-1243 requests authorization to widen the I-64 crossing of the original stream bed of the Warwick River, within Lee Hall Reservoir, with the installation of additional bridge structure over 3,275 square feet of State-owned subaqueous bottom, the installation of eight 2-foot by 2-foot support pilings, a turbidity curtain, and the excavation of 111 cubic yards of subaqueous bottom and the placement of 315 cubic yards of fill to construct a temporary construction access pad in the City of Newport News. This project is a design build project for VDOT and all permits will be transferred to VDOT upon completion of the project.

2C. CITY OF VIRGINIA BEACH and ARMY CORPS OF ENGINEERS, #09-1686 request authorization to modify and extend their permit, which authorized the one-time placement of approximately two million cubic yards of beach quality sand along the five- mile stretch of Sandbridge Beach, situated along the Atlantic Ocean in Virginia Beach. The modification will include up to three additional nourishment cycles of the beach area between the Navy's Dam Neck Fleet Training Center to the north and the Back Bay National Wildlife Refuge to the south. As previously authorized, sand will be hydraulically pumped from the Sandbridge Shoals borrow area, located approximately three nautical miles offshore. The new permit expiration date will be July 31, 2020, and all previous permit conditions shall apply.


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