Commission Meeting, April 24, 2001

1. MINUTES of previous meeting.

** APPROVAL OF AGENDA

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).

3. EXECUTIVE SESSION (if necessary).

4. MICHAEL 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 property situated along Buchanan Creek in Virginia Beach.

5. THOMAS 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 property situated along Buchanan Creek in Virginia Beach.

6. SHORE VENTURES ASSOC., LLC, #00-1559, requests authorization to construct an 8-slip condominium facility at property situated along Crab Creek in Virginia Beach. The project is protested by an adjacent property owner. Continued from the March 20, 2001, Commission meeting.

7. RIVERVIEW FARM ASSOCIATES, LLC, #01-0022, requests authorization to construct 350 linear feet of timber bulkhead located landward of mean high water, and 840 linear feet of marginal wharf, to accommodate mooring space for 16 boats. The project is associated with restaurant and condominium redevelopment along the James River in the City of Richmond. Requires both a Subaqueous and Wetlands permit.

8. W. T. HICKS, JR., #01-0067, requests authorization to allow the U. S. Department of the Army to remove and replace an existing deteriorated concrete boatramp to include dredging of up to 50 cubic yards of State-owned subaqueous material adjacent to Fort A. P. Hill's leased boat landing along the Rappahannock River in Caroline County. Requires both a Subaqueous and Wetlands permit.

9. KARL E. KOHLER, #00-2216, requests authorization to retain two community piers in their as built condition and retain three unauthorized slips which have been constructed at the piers adjacent to the Coves at Wilton Creek development in Middlesex County. Two of the unauthorized slips are used for sewage pump-out from boats and the third slip is unassigned and reserved for additional sewage pump-out or guests. The two piers were constructed in different configurations and extend further channelward than had been authorized under VMRC #87-0258. No new construction is proposed.

10. GIRL SCOUT COUNCIL OF THE COLONIAL COAST, #99-1713, requests after-the-fact authorization to retain a 50-foot long by 8-foot wide pedestrian bridge and an 8-foot long by 6-foot wide canoe launch adjacent to their property situated along Bells Mill Creek in Chesapeake.

11. Resolution for J. William Ryland.

12. PUBLIC HEARING: Consideration of proposed regulation establishing the 2001 summer period commercial scup landing quota.

13. PUBLIC HEARING: Consideration of proposed regulation establishing the 2001 bluefish commercial landing quota.

14. DISCUSSION: Request for public hearing to extend the blue crab license moratorium through 2001.

15. RECOMMENDATIONS of the Commercial Fishing Advisory Board.

16. BLUE CRAB: Adoption of 2001 regulations.

17. BLACK SEA BASS: ASMFC required adjustments to commercial trip limits. Request for emergency regulation.

18. DISCUSSION: Request for public hearing to consider amendments to Regulation 4 VAC 20-620-10 et. seq., pertaining to ASMFC requirements for 2001.

19. REQUEST for exception to the limited entry criteria for the Black Drum Fishery.

20. PUBLIC COMMENTS.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE LAVERNE LEWIS (757) 247-2261 NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval)

2A. U. S. ARMY CORPS OF ENGINEERS, #00-1670, requests authorization to hydraulically place, over a ten year period, approximately fifty thousand (50,000) cubic yards of sandy dredged material resulting from the routine maintenance dredging of the Winter Harbor Federal Project Channel, along approximately four thousand five-hundred (4,500) linear feet of shoreline and State-owned subaqueous bottomland along the Chesapeake Bay in Mathews County to the north of the project channel. Recommend approval for an initial five year period only.

2B. RIVERMONT DEVELOPMENT, #96-0791, requests authorization to reactivate and extend a previously issued permit to install a culverted road crossing involving the installation of twelve (12) precast bottomless culverts within Johnson Creek adjacent to their property in Chesterfield County.

2C. FORT EUSTIS DIRECTORATE OF PUBLIC WORKS, #01-0344, requests authorization to construct 33 breakwater/sill structures impacting 48,734 square feet of State-owned subaqueous bottomland, and to fill approximately 53,307 square feet of State-owned subaqueous land, as part of a proposed vegetated wetlands creation project adjacent to Ft. Eustis in the James River in the City of Newport News. Recommend approval with the following permit conditions: that filter cloth be placed under all breakwater/sill structures; and that any fill material be pre-approved as to proper grain size, and that if any dredged material is to be used that it not contain any heavy metals or other toxic materials.

2D. APAC-VIRGINIA, #01-0398, requests authorization to construct a 4-lane and 6-lane divided highway from the VDOT Route 288/60 (Midlothian Turnpike) interchange in Chesterfield County north to the Route 288/interchange with Interstate 64 in Goochland County which will cross Bernard's Creek, the James River, Broad Branch, Tuckahoe Creek and Little Tuckahoe Creek with temporary construction access. Recommend a time of your restriction for all construction within the James River between April 15 and
June 30 for the protection of anadromous spawning fish. Recommend standard instream conditions and the assessment of an annual encroachment royalty of $2,256.20 at a rate of $0.05 per square foot.

2E. LEE COUNTY PUBLIC SERVICE AUTHORITY, #01-0390, requests authorization to install a submerged water line beneath the North Fork Clinch River at one location, Lovelady Creek at three locations, and nine unnamed tributaries of the North Fork Clinch River to provide potable water to the Jasper community of Lee County. Recommend approval with our standard instream permit conditions.

2F. PF NET, #01-0296, requests authorization to install by directional bore method a submerged, eighteen-inch diameter steel casing beneath the Elizabeth River parallel to and approximately 150 feet upstream of the Mid-Town Tunnel to facilitate the installation of fiber optic telecommunication lines between Portsmouth and Norfolk. Recommend a royalty of $190.00 for the encroachment beneath 190 linear feet of State-owned subaqueous land at a rate of $1.00 per linear foot.

2G. CITY OF NORFOLK, #01-0173, requests authorization to modify the existing Nauticus pier situated along the Elizabeth River to facilitate the mooring of visiting cruise ships and naval vessels. Improvements include a 51.5 foot extension of the pier?s north end, additional timber, foam and rubber fenders, two (2) additional concrete mooring dolphins, 265 linear feet of subaqueous steel sheetpile bulkheading and a widening of the existing pier approach by 40 feet to support ship logistics.

2H. MARINE RESOURCES COMMISSION, #01-0174. The Fisheries Management Division request authorization to construct 3 subtidal oyster reef sanctuaries within Public Ground No. 7 in Tangier Sound approximately 4 miles northeast of Tangier Island with the center of the reef locations being (7R-1) 37E52'36" North Latitude, 75E 55' 49" West Longitude; (7R-2) 37E 52' 08" North Latitude, 75E 55' 24" West Longitude; and (7R-3) 37E 51' 27 ? North Latitude, 75E 55' 38" West Longitude. The Oyster reefs will be constructed with oyster and clam shell inside a 250-foot diameter circle to heights of 6 feet to 8 feet off the bottom and marked in accordance with all applicable U. S. Coast Guard requirements.

2I. MARINE RESOURCES COMMISSION, #01-0175. The Fisheries Management Division request authorization to construct 3 subtidal oyster reef sanctuaries within Public Ground No. 13 in Pocomoke Sound, approximately 4 miles southwest of the Town of Saxis, with the center of the reef locations being (13R-1) 37E 54' 25" North Latitude, 75E 47' 42" West Longitude; (13R-2) 37E 54' 06" North Latitude, 75E 48' 17" West Longitude; and (13R-3) 37E 53' 49" North Latitude, 75E 47' 16" West Longitude. The Oyster reefs will be constructed with oyster and clam shell inside a 250-foot diameter circle to heights of 6 feet to 8 feet off the bottom and marked in accordance with all applicable U. S. Coast Guard requirements.

2J. MARINE RESOURCES COMMISSION, #01-0176. The Fisheries Management Division request authorization to construct 2 subtidal oyster reef sanctuaries within Public Grounds No. 5 and No. 6 in Tangier Sound, approximately 2 miles northwest of Great Fox Island in Accomack County, with the center of the reef locations being (5R-1) 37E 54' 25" North Latitude, 75E 56' 20" West Longitude and (6R-1) 37E 54' 11" North Latitude, 75E 55' 52" West Longitude. The Oyster reefs will be constructed with oyster and clam shell inside a 250-foot diameter circle to heights of 6 feet to 8 feet off the bottom and marked in accordance with all applicable U. S. Coast Guard requirements.

2K. TOWN OF CAPE CHARLES, #01-0050, requests authorization to install four (4) offshore stone breakwaters totaling 785 linear feet, 290 linear feet of stone armor protection adjacent to an existing 290-foot long stormwater outfall, and 45,000 cubic yards of beach quality sand nourishment (from an upland source) along the Public Beach in the Town of Cape Charles.

2L. KINDER MORGAN BULK TERMINALS, INC. #01-0256, has requested authorization to maintenance dredge, by clamshell method, on an as-needed basis, a maximum of 75,000 cubic yards of State-owned submerged materials per dredge cycle to provide maximum depths of minus fifty two (-52) feet below mean low water on the southeastern side and minus forty-five (-45) feet below mean low water on the northwestern side of Pier IX at their facility situated along the James River in the City of Newport News. All materials will be transported to Craney Island for disposal.

2M. CITY OF PORTSMOUTH, #01-0481, requests authorization to replace the existing deteriorated concrete ferry dock and adjacent timber dock with two new aluminum floating dock and timber mooring dolphins adjacent to property situated along the Elizabeth River in Portsmouth. Staff recommends approval of the project pending expiration of the public comment period on April 27, 2001.

Agenda Items for the April 24, 2001 Commission meeting are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting. The Commission approved unanimously.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission approved the 13 permits by a 7-0 vote.

3. EXECUTIVE SESSION was not necessary.

4. MICHAEL 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 property situated along Buchanan Creek in Virginia Beach. At the request of the applicant, the Commission unanimously agreed to continue the item until its May 22 meeting.

5. THOMAS 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 property situated along Buchanan Creek in Virginia Beach. At the request of the applicant, the Commission unanimously agreed to continue the item until its May 22 meeting.

6. SHORE VENTURES ASSOC., LLC, #00-1559, requests authorization to construct an 8-slip condominium facility at property situated along Crab Creek in Virginia Beach. The project is protested by an adjacent property owner. Continued from the March 20, 2001, Commission meeting. The Commission approved the permit by a 5-2 vote.

7. RIVERVIEW FARM ASSOCIATES, LLC, #01-0022, requests authorization to construct 350 linear feet of timber bulkhead located landward of mean high water, and 840 linear feet of marginal wharf, to accommodate mooring space for 16 boats. The project is associated with restaurant and condominium redevelopment along the James River in the City of Richmond. Requires both a Subaqueous and Wetlands permit. The Commission approved the permit by a 7-0 vote.

8. W. T. HICKS, JR., #01-0067, requests authorization to allow the U. S. Department of the Army to remove and replace an existing deteriorated concrete boat ramp to include dredging of up to 50 cubic yards of State-owned subaqueous material adjacent to Fort A. P. Hill's leased boat landing along the Rappahannock River in Caroline County. Requires both a Subaqueous and Wetlands permit. The Commission approved the permit with staff recommendations by a 7-0 vote.

9. KARL E. KOHLER, #00-2216, requests authorization to retain two community piers in their as built condition and retain three unauthorized slips which have been constructed at the piers adjacent to the Coves at Wilton Creek development in Middlesex County. Two of the unauthorized slips are used for sewage pump-out from boats and the third slip is unassigned and reserved for additional sewage pump-out or guests. The two piers were constructed in different configurations and extend further channelward than had been authorized under VMRC #87-0258. No new construction is proposed. The Commission approved the after-the-fact permit by a 7-0 vote, with triple permit fees, but no additional civil charge.

10. GIRL SCOUT COUNCIL OF THE COLONIAL COAST, #99-1713, requests after-the-fact authorization to retain a 50-foot long by 8-foot wide pedestrian bridge and an 8-foot long by 6-foot wide canoe launch adjacent to their property situated along Bells Mill Creek in Chesapeake. The Commission approved the after-the-fact permit by a 7-0 vote, but declined to add civil charges.

11. Resolution for J. William Ryland. The Commission presented to Mrs. J. William Ryland a VMRC resolution which acknowledged the death of her husband, who was the law enforcement chief for the agency in the 1960's and early 1970's. He died in November, 2000.

12. PUBLIC HEARING: Consideration of proposed regulation establishing the 2001 summer period commercial scup landing quota. The Commission voted, 8-0 to approve the regulation.

13. PUBLIC HEARING: Consideration of proposed regulation establishing the 2001 bluefish commercial landing quota. The Commission voted, 8-0, to approve the landing quota.

14. DISCUSSION: Request for public hearing to extend the blue crab license moratorium through 2001. The Commission voted 8-0 to set a public hearing on the moratorium at its May 22 meeting. The advertisement will propose that the moratorium be extended through May 2004 to coincide with the Bi-State Blue Crab proposals which involve three-year conservation measures.

15. RECOMMENDATIONS of the Commercial Fishing Advisory Board. The Commission voted, 8-0, to approve the funding of a telephone survey/study on recreational crabbing for the VMRC and 5-2 to approve the funding of a turtle stranding survey by Professor Jack Musick of the Virginia Institute of Marine Science.

16. BLUE CRAB: Adoption of 2001 regulations. The Commission adopted three specific additional measures to enable Virginia to reach a 5 percent harvest reduction in the fishery during 2001. The Commission voted 6-2 to approve the closing of the crab pot and peeler pot fishery on Wednesdays between June 6 and August 22. This will provide a 5.17 percent reduction. The Commission also voted 7-1 to reduce the per barrel per boat daily limit in the winter crab dredge fishery from 20 to 17. This will achieve a 0.28 percent reduction. Thus these two measures will result in a reduction of 5.45 percent toward the state's 5.0 percent goal this year. The Commission also voted 7-1 to place a daily limit on the catch of licensed recreational crabbers. The daily limit will be one (1) bushel of hard crabs and two (2) dozen peeler crabs. Previously, there had been no limits on recreational crabbing.

17. BLACK SEA BASS: ASMFC required adjustments to commercial trip limits. Request for emergency regulation. The Commission voted 8-0 to set an emergency regulation regarding the quarterly trigger point when a new possession limit is imposed prior to meeting the coast-wide quota. The Commission also set a public hearing for its May 22 meeting to make the emergency regulation permanent.

18. DISCUSSION: Request for public hearing to consider amendments to Regulation 4 VAC 20-620-10 et. seq., pertaining to ASMFC requirements for 2001. The Commission voted to set a public hearing at its May 22 meeting on amendments to its summer flounder regulation.

19. REQUEST for exception to the limited entry criteria for the Black Drum Fishery. After the presentation of background information regarding the request, the Commission voted 8-0 to deny the action.

20. PUBLIC COMMENTS. A number of watermen spoke on various issues of concern.