Commission Meeting, March 20, 2001

Agenda Items March 20, 2001
The Commission's action is in bold.

1. MINUTES of previous meeting. The Minutes were approved as circulated.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 7-0 to approve the projects.

3. EXECUTIVE SESSION was not necessary

4. KENNETH D. WILKINS, #00-0650. Commission review on appeal of the December 18, 2000, decision by the Virginia Beach Wetlands Board to deny a permit to construct and backfill 1,050 linear feet of steel sheetpile bulkheading involving a coastal primary sand dune and beach in Virginia Beach. Continued from the February 27, 2001, Commission meeting. The Commission voted 4-3 to uphold the Virginia Beach Wetlands Board decision with one abstention. The Commissioner voted in this matter as a result of a 3-3 tie following the motion to uphold the local Board decision.

5. DENNIS W. SMITH, #97-0402, requests authorization for after-the-fact approval of a previously unauthorized expansion of a private pier an additional 54 feet 6 inches by 2 feet 10 inches and a roof extension of 7 feet 10 inches to an existing boathouse adjacent to his property situated along Gardner Creek in Westmoreland County. The Commission directed the applicant's appearance before the full Commission within 60 days. The Commission voted 7-0 to approve the previously unauthorized expansion with a civil charge of $1,800 in lieu of further enforcement action.

6. THOMAS E. METCALF, #00-1545. Commission review on appeal of the February 19, 2001, decision by the Virginia Beach Wetlands Board to approve in modified form, a permit to construct and backfill 77 linear feet of timber bulkheading at his property situated along Buchanan Creek in Virginia Beach. The Commission, acting on a request by the City of Virginia Beach, voted 7-0 to continue the matter until the next Commission meeting

7. MICHAEL D. PICKARD, #00-1548. Commission review on appeal of the February 19, 2001, decision by the Virginia Beach Wetlands Board to approve in modified form, a permit to construct and backfill 158 linear feet of timber bulkheading at his property situated along Buchanan Creek in Virginia Beach. The Commission, acting on a request by the City of Virginia Beach, voted 7-0 to continue the matter until the next Commission meeting

8. MOORES CREEK CHANNEL ASSOCIATION, #00-0210, requests authorization to maintenance dredge 1,658 cubic yards of subaqueous bottom material and 1,709 cubic yards of new material to extend and deepen to minus seven (-7) at mean low water, the Moores Creek entrance channel, and to add riprap to the existing channel jetties and extend the western jetty 166 feet channelward into the Piankatank River in Middlesex County. The project is protested by an oysterground leaseholder. The Commission, acting on a request by the applicant's attorney, voted 7-0 to defer this matter unit a later date so that the applicants could meet with the oysterground leaseholder in order to try and resolve the objections.

9. ANDREW GURKIN, #00-1908, requests authorization to dredge approximately 10,000 cubic yards of subaqueous bottom material to provide maximum project depths of minus six (-6) feet at mean low water to provide access to the Dandy Haven Marina situated along Back River in the City of Hampton. This had been pulled from the agenda at the applicant's request.

10. D. M. COLVER, #00-1430, requests authorization to install a 125-foot long by 4-foot wide floating dock with 12 support piles that will attach to an existing community pier for the exclusive mooring of eight (8) community boats adjacent to the Colver subdivision on Folly Creek in Accomack County. The project is protested by adjacent property owners. The Commission voted 7-0 to deny the request.

11. THE NEW RAPPAHANNOCK OYSTER COMPANY, #00-1937, requests authorization to construct two (2) open-pile, timber, T-head community piers and to reconfigure an existing commercial pier to provide 18 wetslips adjacent to their property situated along Bells Creek in Northumberland County. The project is protested by a neighboring property owner. The Commission voted 7-0 to approve the project.

12. BETHPAGE CAMP RESORT, #99-2329, requests authorization to construct 740 linear feet of open-pile marginal wharf with sufficient mooring piles and finger piers to create 74 additional wetslips adjacent to the Bethpage Campground, located along Robinson Creek in Middlesex County. The project is protested by several nearby property owners. The Commission voted 7-0 to approve the project.

13. C. R. BARBER, ET AL, #00-1953, requests authorization to construct and nourish four (4) armor stone breakwater structures for the purpose of stabilizing a barrier sand spit. The proposed beach nourishment material is to be obtained from the dredging of 400 cubic yards of sand from the mouth of Tide Mill Creek, adjacent to the applicant's property along the Potomac River in Westmoreland County. The Commission voted 5-0 with one abstention to deny the project.

14. HAMPTON ROADS MARINA, LLC, #97-0916, requests authorization to modify their existing permit to reconfigure two (2) piers and add 24 finger piers and associated mooring pilings adjacent to their property situated along the Hampton River and Sunset Creek in the City of Hampton. The project is protested by a resident in the vicinity. The Commission voted 5-2 to approve the modification request.

15. ARNOLD F. THOMAS, #00-2062, requests authorization to construct a 40-foot long by 15-foot wide private, non-commercial, open-sided boathouse adjacent to his property situated along Chisman Creek in York County. The project is protested by an adjacent property owner. This had been pulled from the agenda at the applicant's request.

16. SHORE VENTURES ASSOC., LLC, #00-1559, requests authorization to construct an 8-slip condominium facility situated along Crab Creek in the City of Virginia Beach. The project is protested. The Commission acting on a request from the applicant's attorney, agreed to defer this matter until a future Commission meeting.

17. DAVID E. FULK, #96-1703, requests after-the-fact authorization to retain a 140-foot long concrete culvert road crossing which encroaches over approximately 1,568 square feet of the Little Dry River, a tributary to the North fork of the Shenandoah River in Rockingham County. The Commission voted 7-0 to approve the after-the-fact permit with a civil charge, which staff will recommend at the minimum of $600, along with triple permit fees and royalties in lieu of further enforcement action.

18. DISCUSSION: Commission assessment of the mandates on local government embodied in the Tidal Wetlands and Coastal Primary Sand Dune Zoning Ordinances. The Commission voted 7-0 to recommend that the Ordinances be retained in response to the requirements of Executive Memorandum 1-98.

19. PUBLIC HEARING: Request for a modification of the minimum size limit for imported channeled whelk. The Commission voted 5 - 0 in support of the allowance for imported, undersize whelk.

20. PUBLIC HEARING: Establishment of conservation measures for the 2001 blue crab fisheries. The Commission voted 7-0 to delay any regulatory decision until April, to at least give the other Bay jurisdictions time to enact conservation measures. The Commission will hold an April 10 work session, with VIMS and staff, to further discuss reduction-in-harvest measures.

21. DISCUSSION: Modification of the May 1 -October 31 commercial harvest and landing quota for scup. The Commission voted 6-0 to approve an April public hearing on this issue.

22. DISCUSSION: Establishing the Annual Blue Fish quota for Virginia, request for public hearing. The Commission voted 6 - 0 to hold an April hearing to establish annual Virginia landings quota of 1,138,412 pounds.

23. PUBLIC HEARING: Conservation measures to reduce mortality of threatened and endangered sea turtles. The Commission voted 6 - 0 to adopt amendments to gill net regulations, in order to mitigate sea turtle strandings.

24. PUBLIC HEARING: Modification of relay season for Hampton Flats. The Commission by a vote of 6 - 0 extended the end of the relay season from August 15 through September 30.

25. REPORT on black sea bass issues. The Commission voted 6 - 0 to go out of compliance with the ASMFC management plan, by adopting an alternated closed season.

26. REPORT from the RFAB: Isle of Wight County-James Creek Boat Ramp. The Commission voted 7-0 to approve the project.

27. PUBLIC COMMENTS.