Commission Meeting, May 22, 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. 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. Continued from the April 24, 2001, Commission Meeting.

5. 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. Continued from the April 24, 2001, Commission Meeting.

6. CRAB CREEK IMPROVEMENTS, L.L.C., #00-2197. Commission review, on appeal by 43 freeholders of property within the City of Norfolk, of the December 13, 2000, decision by the Norfolk Wetlands Board to approve, in modified form, an application to dredge navigation channels within Crab Creek, a tributary of the Lafayette River.

7. SHELTER HARBOR MARINE, #01-0260, requests authorization to install 24 fender piles, 344 linear feet of 6-foot wide floating pier and 101 linear feet of open-pile pier to create 3 fueling slips, improve access to the travel lift area, and provide temporary mooring space at the Severn River Marina located along Willetts Creek in Gloucester County. The project is protested by an adjacent property owner.

8. EDWARD M. INGE, #00-2203-19, requests authorization to construct a 5-foot by 62-foot pier and five (5) finger piers two (2) feet by 10 feet along 182 feet of proposed vinyl bulkhead and to construct two (2) finger piers two (2) feet by 10 feet at a second location to create a total of 18 wetslips as part of a proposed marina/repair facility at the applicant's property situated along Beechland Creek, a tributary to Horn Harbor in Mathews County. The project is protested by a number of nearby property owners.

9. BUSH PARK CAMPGROUND, #99-1850, requests authorization to construct a total of 356 linear feet of open-pile pier extension to two existing piers to create thirty (30) new wetslips adjacent to the Bush Park Campground facility located along Bush Park Creek in Middlesex County. The project is protested by several nearby property owners.

10. BUSH PARK CAMPGROUND, #00-0263, requests authorization to construct a 34-foot by 6-foot pier with a 180-foot by 6-foot T-head containing 16 new wetslips and to replace an existing 140-foot pier containing 12 wetslips with a 45-foot by 6-foot pier with a 360-foot by 6-foot pierhead containing 30 wetslips adjacent to the Bush Park Campground facility located along Bush Park Creek in Middlesex County. The project is protested by several nearby property owners.

11. JAMES B. HILL, #00-0717, requests authorization to construct a 16-foot by 16-foot open-sided gazebo adjacent to his property situated along Chisman Creek in York County.

12. WINSTON WRIGHT, #00-2190, requests authorization to construct two (2) 10-foot by 30-foot riprap breakwaters situated approximately 25 feet channelward of mean low water adjacent to his property situated along Sturgeon Creek in Middlesex County. The project is protested by a nearby property owner.

13. ROBERT POLLARD, #00-2257, requests authorization to construct two (2) 10-foot by 30-foot riprap breakwaters situated approximately 25 feet channelward of mean low water adjacent to his property situated along Sturgeon Creek in Middlesex County. The project is protested by an adjoining property owner.

14. CAPT. BOB?S MARINA, #00-2163, requests authorization to dredge by clamshell and dragline methods, on an as-needed basis, approximately 4,170 cubic yards of subaqueous material from the entrance channel leading to Captain Bob?s Marina, to provide maximum dredge depths of minus six (-6) feet at mean low water, along Chincoteague Channel in the Town of Chincoteague.

15. APAC-VIRGINIA, INC., et al, #01-0398, requests authorization to construct 4-lane and 6-lane divided highways from the VDOT Rt 288/Rt 60 interchange in Chesterfield County north to the Route 288/I 64 interchange in Goochland County, which will bridge Bernard's Creek, the James River, Broad Branch, Tuckahoe Creek and Little Tuckahoe Creek with a temporary construction access. The project is protested by adjacent property owners.

16. PUBLIC COMMENTS.

17. VIRGINIA SEAFOOD COUNCIL: Oyster aquaculture in France and non-native oyster research.

18. PUBLIC HEARING: Continuation of the crabbing license sales moratorium.

19. PUBLIC HEARING: Black Sea Bass quarterly triggers and possession limits for the commercial fishery.

20. PUBLIC HEARING: Recreational summer flounder closed season, 2001.

21. RECOMMENDATIONS of the Recreational Fishing Advisory Board.

22. DISCUSSION: Working a licensed agent when license is revoked. Request for public hearing.

23. DISCUSSION: Clarification of 150 pound grey trout bycatch limitation.

24. STATUS of Chincoteague Bay SAV Sanctuary.

25. REPEAT OFFENDERS.

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.

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2A. MARINE RESOURCES COMMISSION, #00-2041. The Fisheries Management Division requests authorization to modify an existing oyster reef sanctuary permit to allow a scientific test for the use of clean ground concrete, to test oyster settlement on this potential cultch material at the Butlers Hole reef near Fleets Island in the Rappahannock River on Public Ground No.1, in Lancaster County.

2B. MARINE RESOURCES COMMISSION, #00-1838. The Fisheries Management Division requests authorization to construct a 4,800-foot long by 900-foot wide artificial fishing reef oriented north and south and constructed of environmentally acceptable rubble, concrete habitat structures and steel hulled vessels, at a location approximately four (4) nautical miles E - NE of Hughlett Point in the Chesapeake Bay. The center point of the reef will lie at 37E 44' 46" N latitude 076E 13' 19" W longitude, in the vicinity of the area referred to as the "Asphalt Pile." A minimum vertical clearance of 15 feet at mean low water will be maintained.

2C. MARINE RESOURCES COMMISSION, #00-2039. The Fisheries Management Division requests authorization to modify an existing oyster sanctuary reef permit to allow the use of clean concrete, ground to 1-inch to 4-inch pieces in addition to the previously authorized oyster and clam shells as reef construction material, to test oyster settlement on this alternative culch material at a previously authorized site located in the Rappahannock River between Broad Creek and Sturgeon Creek in Public Ground Number 1, Middlesex County. Pending expiration of the public comment period.

2D. CAROLYN C. CHALLONER, ET AL, #01-0091, requests authorization to construct 590 linear feet of riprap revetment and five (5) riprap breakwaters totaling 440 linear feet with 250 cubic yards of sand placed landward of the breakwaters as beach nourishment adjacent to their properties located along the York River in Gloucester County. Recommend approval with the assessment of a royalty in the amount of $350.00 for the fill due to beach nourishment of 7,000 square feet of State-owned submerged land at a rate of $0.05 per square foot.

2E. HARBOR HOUSE PROPERTY OWNERS ASSOCIATION, #01-0206, requests authorization to construct 397 linear feet of replacement bulkhead aligned a maximum of two (2) feet channelward of an existing deteriorated bulkhead adjacent to their property along Mill Creek in Middlesex County. Recommend approval with the assessment of a royalty of $722.00 for the filling of 722 square feet of State-owned submerged land at the rate of $1.00 per square foot.

2F. CITY OF NORFOLK, #01-0620, requests authorization to replace the existing fender system for the Spirit of Norfolk and other vessels moored at Waterside Festival Park adjacent to City property situated along the Elizabeth River.

2G. KENNETH G. BUCHANAN, #01-0712, requests authorization to construct a clearspan bridge measuring 220' by 22' across the North Fork Holston River for vehicular access to property situated adjacent to State Route 611 in Washington County. Recommend approval pending expiration of the public comment period and an encroachment royalty of $924.00 for the encroachment over 1,848 square feet of State-owned subaqueous land at a rate of $0.50 per square foot.

2H. METRO MACHINE CORPORATION, #01-0690, requests authorization to dredge, by clamshell method, a maximum of 147,300 cubic yards of State-owned submerged materials to provide maximum depths of -59 feet at mean low water and install five (5) new mooring dolphins and three tower cranes on platforms in order to allow for the expansion of the existing drydock at their facility situated at the confluence of the Eastern and Southern Branches of the Elizabeth River in Norfolk. Recommend a royalty for all new dredging at a rate of $0.45 per cubic yard. All dredged material will be transported to Craney Island for disposal.

2I. SUFFOLK DEPARTMENT OF PUBLIC UTILITIES, #00-1848, requests authorization to install a 16-inch water main, crossing the Nansemond River in the City of Suffolk, by bridge attachment method to the existing Mills Godwin Bridge and within the VDOT R/W.

Agenda Items for the May 22, 2001 Commission meeting are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting. The Commission approved the minutes as distributed.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The permits were approved, 7-0.

3. EXECUTIVE SESSION (if necessary). There was no session.

4. 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. Continued from the April 24, 2001, Commission Meeting. The Commission voted, 5-2, to uphold the decision of the wetlands board.

5. 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. Continued from the April 24, 2001, Commission Meeting. The Commission voted, 5-2, to uphold the decision of the wetlands board.

6. CRAB CREEK IMPROVEMENTS, L.L.C., #00-2197. Commission review, on appeal by 43 freeholders of property within the City of Norfolk, of the December 13, 2000, decision by the Norfolk Wetlands Board to approve, in modified form, an application to dredge navigation channels within Crab Creek, a tributary of the Lafayette River. The Commission deferred action on this appeal until its June 26 meeting.

6A. DISCUSSION and action on the mining of oyster shells as provided in the Code of Virginia Section 28.2-550. The Commission received a report from Jack Travelstead regarding the proposal to mine fossil oyster shells at four specific sites in the James River off Kingsmill in James City County for use in its oyster replenishment program, specifically on new reefs and related work areas. Travelstead said the U.S. Army Corps of Engineers permit for the mining is in hand, the Virginia Department of Environmental Quality permit is being actively pursued at this time and comments on the project by the Virginia Institute of Marine Science were described as favorable. Section 28.2-550, paragraph one, gives the Commissioner authority, with the approval of the Commission, to contract for the taking of such oyster shells. Acting on that authority, the Commission voted, 7-0, to approve the James City County project and within the motion said it would hold a public interest review with public hearing, at the appropriate time, on a future proposal also to mine fossil shells in an area in the James River near the mouth of the Nansemond River in Isle of Wight County.

7. SHELTER HARBOR MARINE, #01-0260, requests authorization to install 24 fender piles, 344 linear feet of 6-foot wide floating pier and 101 linear feet of open-pile pier to create 3 fueling slips, improve access to the travel lift area, and provide temporary mooring space at the Severn River Marina located along Willetts Creek in Gloucester County. The project is protested by an adjacent property owner. The Commission approved the permit, 7-0, and added that no overnight moorings will be allowed at the fuel slips.

8. EDWARD M. INGE, #00-2203-19, requests authorization to construct a 5-foot by 62- foot pier and five (5) finger piers two (2) feet by 10 feet along 182 feet of proposed vinyl bulkhead and to construct two (2) finger piers two (2) feet by 10 feet at a second location to create a total of 18 wetslips as part of a proposed marina/repair facility at the applicant's property situated along Beechland Creek, a tributary to Horn Harbor in Mathews County. The project is protested by a number of nearby property owners. The Commission approved the permit, 7-0.

9. BUSH PARK CAMPGROUND, #99-1850, requests authorization to construct a total of 356 linear feet of open-pile pier extension to two existing piers to create thirty (30) new wetslips adjacent to the Bush Park Campground facility located along Bush Park Creek in Middlesex County. The project is protested by several nearby property owners. This permit request was consolidated with agenda item #10.

10. BUSH PARK CAMPGROUND, #00-0263, requests authorization to construct a 34-foot by 6-foot pier with a 180-foot by 6-foot T-head containing 16 new wetslips and to replace an existing 140-foot pier containing 12 wetslips with a 45-foot by 6-foot pier with a 360- foot by 6-foot pierhead containing 30 wetslips adjacent to the Bush Park Campground facility located along Bush Park Creek in Middlesex County. The project is protested by several nearby property owners. Consolidating the two agenda items, the Commission approved piers No. 3 & 4 and 6 and denied pier No. 8 by a 5-0 vote with 2 abstentions.

11. JAMES B. HILL, #00-0717, requests authorization to construct a 16-foot by 16-foot open-sided gazebo adjacent to his property situated along Chisman Creek in York County. The Commission voted, 6-1, to deny the permit request.

12. WINSTON WRIGHT, #00-2190, requests authorization to construct two (2) 10-foot by 30-foot riprap breakwaters situated approximately 25 feet channelward of mean low water adjacent to his property situated along Sturgeon Creek in Middlesex County. The project is protested by a nearby property owner. The Commission approved the permit, 7-0.

13. ROBERT POLLARD, #00-2257, requests authorization to construct two (2) 10-foot by 30-foot riprap breakwaters situated approximately 25 feet channelward of mean low water adjacent to his property situated along Sturgeon Creek in Middlesex County. The project is protested by an adjoining property owner. The Commission approved the permit, 7-0.

14. CAPT. BOB S MARINA, #00-2163, requests authorization to dredge by clamshell and dragline methods, on an as-needed basis, approximately 4,170 cubic yards of subaqueous material from the entrance channel leading to Captain Bob s Marina, to provide maximum dredge depths of minus six (-6) feet at mean low water, along Chincoteague Channel in the Town of Chincoteague. The Commission deferred the permit request until its June 26 meeting.

15. APAC-VIRGINIA, INC., et al, #01-0398, requests authorization to construct 4-lane and 6-lane divided highways from the VDOT Rt 288/Rt 60 interchange in Chesterfield County north to the Route 288/I 64 interchange in Goochland County, which will bridge Bernard's Creek, the James River, Broad Branch, Tuckahoe Creek and Little Tuckahoe Creek with a temporary construction access. The project is protested by adjacent property owners. The Commission voted to approve the crossings in the permit, 7-0.

16. PUBLIC COMMENTS. Three persons spoke to the Commission: Peter Nixon presented a series of conservation measures which he urged be considered to preserve young crabs until they have a time to reproduce; Tom Powers asked the Commission to enact an emergency regulation prohibiting the setting of conch pots within 250 yards of the mid-line of the Chesapeake Bay Bridge Tunnel; and Doug Jenkins asked the Commission to urge its sister agency the Virginia Department of Environmental Quality to work on the "red tide" problem in the Virginia tributaries of the Potomac River between Colonial Beach and the Yeocomico River.

17. VIRGINIA SEAFOOD COUNCIL: Oyster aquaculture in France and non-native oyster research. The Commission heard two reports from J. Carter Fox, former Chairman and CEO of the Chesapeake Corp. and oyster packer Tommy Kellam on the success of aquaculture in France and the non-native oyster research in Virginia, respectively. Kellam asked the Commission to continue the experimental project initiated last year by the Virginia Seafood Council. The Commission voted, 5-0 with 2 abstentions, to continue the experiment using the same type of non-native oyster and including the "sale" of the products at the end of the experiment.

18. PUBLIC HEARING: Continuation of the crabbing license sales moratorium. The Commission voted 7-0, to continue the moratorium until May 26, 2004.

19. PUBLIC HEARING: Black Sea Bass quarterly triggers and possession limits for the commercial fishery. The Commission voted, 6-1 to make the emergency regulation permanent and added one small staff recommended amendment.

20. PUBLIC HEARING: Recreational summer flounder closed season, 2001. The Commission adopted option No. 1 for a closed season between 7-27 and 8-7. The vote was 7-0.

21. RECOMMENDATIONS of the Recreational Fishing Advisory Board. The Commission approved, 7-0, the advisory board's recommendations.

22. DISCUSSION: Working a licensed agent when license is revoked. Request for public hearing. The Commission voted to set a public hearing at its June 26 meeting.

23. DISCUSSION: Clarification of 150 pound grey trout bycatch limitation. The Commission voted to set a public hearing at its June 26 meeting.

24. STATUS of Chincoteague Bay SAV Sanctuary. The Commission heard a report.

25. REPEAT OFFENDERS. Three watermen appeared before the Commission and received a one-year probation each.