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AGENDA SEPTEMBER 22, 2015

**APPROVAL OF AGENDA.  

1.  MINUTES of previous meeting.

2.  PERMITS (Projects over $500,000 with no objections and with staff recommendation for approval).

3.  CONSENT AGENDA ITEMS.

4.  CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY COUNSEL.

5. RIVERVIEW AT THE PRESERVE, LLC, #15-0415, requests authorization to construct three (3) stormwater outfalls, to include riprap scour protection, and to construct a community-use pier with an approximate 30-foot by 30-foot roofed pavilion in association with the Riverview subdivision located at the southern terminus of Tranquility Trace situated along the Southern Branch of the Elizabeth River in Chesapeake. The project requires a wetlands and a subaqueous permit.

6. WILLIAM S. EDWARDS, #15-1033, requests authorization to install two (2) 3-foot wide by 12-foot long piers and six (6) mooring piles to create two (2) additional rental boat slips, at an existing commercial marina, along Edwards Creek at 768 S. Bay Haven Drive in Mathews County. The project is protested by an adjacent property owner.

7. SHANNON FEDORS, #2014-075, requests reconsideration of her application to lease up to 50 acres of oyster planting grounds within York River near the Allen Islands in Gloucester County, which was denied at the August 25, 2015, Commission meeting. The request is based upon the applicant not receiving the notice of the meeting until after the August meeting date.

8. THOMAS H. JAMES III, #2015-100, requests authorization to lease approximately ten (10) acres of oyster planting ground in the Chesapeake Bay, north of The Gulf in the Old Town Neck area of Northampton County. The application is protested and submerged aquatic vegetation is present in the lease request area.

9. CHRISTOPHER N. PRITCHARD, #2014-323, requests authorization to lease up to 30 acres of oyster planting grounds within Horn Harbor in Mathews County. The application is protested by a number of local highland property owners.

10. PUBLIC COMMENTS.

11. OFFENDERS.

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. DISCUSSION: Report from the recent law enforcement subcommittee meeting.

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

15. DISCUSSION: Report on FMAC discussions of cownose rays, spiny dogfish and other issues, with possible staff request for public hearings.

16. REQUEST FOR AN EMERGENCY AMENDMENT: of Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," Emergency Regulation, to clarify the provisions of the recently adopted limited entry oyster fishery requirements for 2016.

17. PUBLIC HEARING: Request to amend Chapter 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" the Commission shall consider the following proposal for the 2015-2016 public oyster harvest season for two areas in the Pocomoke Sound west of Saxis, Virginia, whereby the lawful seasons and areas for the harvest of oysters by hand scrape from the public oyster grounds are as follows: Pocomoke Sound, Public Ground Number 9 November 16, 2015 through November 27, 2015, and Pocomoke Sound, Public Ground Number 10: November 30, 2015 through December 11, 2015.

18. PUBLIC HEARING: Request to amend Chapter 4 VAC 20-110-10 et seq., "Pertaining to Lobsters" to establish a permit for incidental harvest of lobsters in state waters, in accordance with amendments to the fishery management plan for American lobster, established by the Atlantic States Marine Fisheries Commission.

19. REQUEST FOR PUBLIC HEARING: Propose amendments to Chapter 4 VAC 20-1090-10 et seq., "Pertaining to Licensing Requirements and License fees" to establish an eel pot license.

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

21. REQUEST FOR AN OCTOBER PUBLIC HEARING: to consider maintaining the closure of the blue crab winter dredge fishery, for the 2015-2016 season.


PAGE 2 ITEMS 

2A. FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS AND ENVIRONMENTAL SERVICES, #15-0906, requests authorization to restore and stabilize approximately 9,724 linear feet of Flatlick Branch, utilizing a variety of techniques based on Natural Channel Design (NCD) principles including stone streambank stabilization, root wad installation, rock vanes and drop structures. The project is located within the Flatlick Stream Valley Park between Sully Road (Route 28) and Lee Jackson Memorial Highway (Route 50) in Fairfax County.

2B. CITY OF ALEXANDRIA, #15-1095, requests authorization to remove a low profile concrete weir/fair weather pedestrian crossing and install a clear span pedestrian bridge across a 90-foot wide section of Holmes Run, and to restore approximately 600 linear feet of perennial stream by removing concrete and sheet pile structures and the sediments that have accumulated behind them, and creating a more natural stream channel using existing cobbles, boulders and native plantings. The project is a part of the City of Alexandria's Holmes Run Bike Trail project, located near the intersection of Holmes Run Parkway and North Van Dorn Street in the City of Alexandria.

2C. ARMY CORPS OF ENGINEERS, #15-0154, requests authorization to construct two (2) oyster restoration reefs over a total of approximately 40 acres of State-owned submerged bottom in the lower Piankatank River. The reefs will be constructed using only Class A1 (VDOT Spec) quarry stone riprap material, placed using a barge-mounted excavator, will extend no higher than 18 inches above the natural river bottom, and be located in minimum water depths of minus six (-6) feet at mean low water a minimum of 1,000 feet offshore of Roanes Point, and in minus nine (-9) feet of water approximately 3,000 feet offshore of Burton Point in Mathews County. Recommend approval with the requirement for a pre-construction conference once the contractor has been selected to review the terms, conditions and all details of permit prior to installation.



 PAGE 3 ITEMS

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