Commission Meeting, August 28, 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. GEORGE WILKIE, #01-0693. Commission review, on appeal by the City of Virginia Beach and 44 freeholders of property within the City, of the June 18, 2001, decision of the Virginia Beach Wetlands Board to approve, in modified form, a permit to construct two duplexes with decks, paved parking areas and utilities installation at property identified as lots 13 & 14, Block 36, adjacent to the Chesapeake Bay in the Ocean Park section of Virginia Beach. Continued from the July 24, 2001, Commission meeting.

4. ELTON W. TURPIN, JR., #01-0153. Commission review, on appeal by the City of Virginia Beach and 44 freeholders of property within the City, of the June 18, 2001, decision of the Virginia Beach Wetlands Board to approve, in modified form, a permit to construct one duplex with deck, paved parking area and utilities installation at property identified as lot 12, Block 36, adjacent to the Chesapeake Bay in the Ocean Park section of Virginia Beach. Continued from the July 24, 2001, Commission meeting.

5. MR. & MRS. DEVON FAIRHURST, #98-1078. The Circuit Court of Accomack County has remanded and set aside the Commission's October 26, 1999, decision to deny the Fairhursts' after-the-fact authorization to retain a dockhouse built atop the private, non-commercial pier at their property situated along Parkers Creek, a tributary to Onancock Creek.

6. HORACE PRATT, #01-0842, requests authorization to construct a single-family home at his property situated along the Chesapeake Bay in the City of Hampton. A Coastal Primary Sand Dune/Beaches permit is required.

7. TODD BUILDERS, INC., #01-0919, requests authorization to construct a single-family home 60 feet of timber bulkhead at their property situated along the Chesapeake Bay in the City of Hampton. A Coastal Primary Sand Dune/Beaches permit is required.

8. YORK RIVER YACHT HAVEN, #01-0905 requests authorization to remove a total of six (6) existing slips and construct a 284-foot by 10-foot floating pier, extending in a southerly direction from their existing fuel pier, to provide 11 new permanent slips along the east side, with the west side of the new pier reserved for transient mooring space. Additionally, shellfish aquaculture upweller units are proposed to be installed within the floating pier sections at their marina along Sarah Creek in Gloucester County.

9. WILLIAM J. MEAGHER, #01-0607, requests authorization to construct a 340-foot by 6-foot private, noncommercial, open-pile walkway, of which approximately 100 feet crosses subaqueous land, and two (2) mooring piles adjacent to his property situated along Callis Creek in Mathews County. The project is protested by an adjacent property owner.

10. DONALD R. MILES, #01-0829, requests authorization to construct a 35-foot by 20-foot open-sided private boathouse adjacent to his existing private pier situated along the York River near the mouth of Sarah Creek in Gloucester County. The project is protested by an adjacent property owner.

11. BARBARA HIGGINBOTHAM, #99-0842, requests after-the-fact authorization to retain a 46-foot long by 44-foot wide portion of a commercial pier and Commission consideration of her failure to remove a 20' x 32' open-sided gazebo constructed at her property along Back Creek in York County.

12. RIVER OAKS CIVIC ASSOCIATION, #01-1014, requests authorization to construct a 5-foot wide open-pile community pier extending 50 feet channelward of mean low water adjacent to a 40-foot easement across the property of Dewey and Alice Atkins which is situated along the Rappahannock River in Essex County. The project is protested by several adjoining property owners.

13. COUNTY OF ROCKINGHAM, #01-0233, requests after-the-fact authorization to install, by the open cut method, 30 linear feet of 8" diameter sanitary sewer pipe beneath Cub Run, a tributary to the South Fork of the Shenandoah River.

14. PRINCE WILLIAM COUNTY SERVICE AUTHORITY, ET AL, #01-1022, requests authorization to install by the open-cut method, a six-inch diameter ductile iron sanitary sewer force main, a minimum of 3-feet beneath Kettle Run, immediately downstream of the Kettle Run Road Crossing, in Prince William County. The project is protested by an adjacent property owner.

15. DISCUSSION: Enactment of a Ballast Water Discharge Reporting regulation pursuant to Ch. 312 Acts of Assembly 2001. Request for public hearing.

16. DISCUSSION: Request by VIMS that the Commission set aside and leave unassigned a 300-500 acre area in South Bay on the seaside of the Eastern Shore in support of their enjoining SAV restoration efforts.

17. PUBLIC HEARING: Proposed amendment to Regulation 4 VAC 20-670-10 et seq. Creating a recreational eel pot license and restrictions on its use.

18. DISCUSSION: Request for public hearing to adjust the trip limits for the fourth quarter commercial black sea bass fishery and for the Winter II period commercial scup fishery.

19. DISCUSSION: Request for public hearing to amend Regulation 4 VAC 20-720-10 et seq., to establish harvest restrictions for the 2001-2002 Public Oyster Harvest Season.

20. Request for exception to the limited entry criteria for the Black Drum Fishery.

21. BRIEFING: Status of Recreational Summer Flounder Harvest.

22. DISCUSSION: Proposed amendment to Regulation 4 VAC 20-1010-10 et seq., to establish new boundaries for the Chincoteague Bay SAV Conservation Area. Request for Public Hearing.

23. PETER PAUL: Artificial Reef Discussion

24. REPEAT OFFENDERS

25. PUBLIC COMMENT

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. ISLE OF WIGHT COUNTY, #00-1878, requests authorization to modify their existing permit to extend a 40-foot long floating gangway an additional six (6) feet channelward at the existing Jones Creek boat ramp facility in Isle of Wight County.

2B. GREENSVILLE COUNTY WATER AND SEWER AUTHORITY, #01-1169, requests authorization to install a 12-inch water line, by directional bore method, for a distance of 700 feet, a minimum of 23 feet below the Meherrin River in Greensville County. Recommend a royalty of $700.00 for the crossing under 700 feet of State-owned subaqueous bottom at a rate of $1.00 per linear foot.

2C. TOWN OF PENNINGTON GAP, #01-1244, requests authorization to install by directional bore method a submerged 16-inch water line beneath 102 linear feet of the Powell River and beneath 60 linear feet of the North Fork of the Powell River adjacent to the Pennington Gap Water Treatment Plant in Lee County.

2D. CITY OF SALEM, #01-1050, requests authorization to install a 16" well water main and an 18" finished water main under the Roanoke River. Recommend a time-of-year restriction from March 15 to June 30 to protect the Roanoke Logperch and the orangefin madtom and recommend our standard instream conditions.

2E. COLONNA'S SHIPYARD, INC., #01-1327, requests authorization to dredge 16,000 cubic yards of State-owned subaqueous material at marine railway #2 and #3 adjacent to their property situated along the Eastern Branch of the Elizabeth River in the City of Norfolk. Approval subject to the expiration of the public notice. Recommend a royalty of $7,200.00 for the encroachment over 16,000 cubic yards of State-owned subaqueous land at a rate of $0.45 per cubic yard.

2F. TOWN OF MOUNT JACKSON, #01-1052, requests authorization to install, by the open end method, approximately 280 linear feet of 12" diameter ductile iron pipe water transmission line, a minimum of 36" beneath the North Fork of the Shenandoah River in Shenandoah County. The proposed crossing is associated with a plan to update the Municipal Water Supply System.

Agenda Items for the August 28, 2001 Commission meeting are listed below with the Commission's actions in bold.

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

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission approved the permits by a 6-0 vote.

3. GEORGE WILKIE, #01-0693. Commission review, on appeal by the City of Virginia Beach and 44 freeholders of property within the City, of the June 18, 2001, decision of the Virginia Beach Wetlands Board to approve, in modified form, a permit to construct two duplexes with decks, paved parking areas and utilities installation at property identified as lots 13 & 14, Block 36, adjacent to the Chesapeake Bay in the Ocean Park section of Virginia Beach. Continued from the July 24, 2001, Commission meeting. The permit reviews for Items #3 & 4 were heard simultaneously. In an unusual situation, the City of Virginia Beach and freeholders asked the Commission to overturn the action of the City's Wetlands Board, which approved the permits. After a lengthy hearing, the Commission voted, 6-0, to uphold the Wetlands Board's action.

4. ELTON W. TURPIN, JR., #01-0153. Commission review, on appeal by the City of Virginia Beach and 44 freeholders of property within the City, of the June 18, 2001, decision of the Virginia Beach Wetlands Board to approve, in modified form, a permit to construct one duplex with deck, paved parking area and utilities installation at property identified as lot 12, Block 36, adjacent to the Chesapeake Bay in the Ocean Park section of Virginia Beach. Continued from the July 24, 2001, Commission meeting. As was done with Item #3, the Commission voted, 6-0, to uphold the Wetlands Board's action.

5. MR. & MRS. DEVON FAIRHURST, #98-1078. The Circuit Court of Accomack County has remanded and set aside the Commission s October 26, 1999, decision to deny the Fairhursts after-the-fact authorization to retain a dockhouse built atop the private, non- commercial pier at their property situated along Parkers Creek, a tributary to Onancock Creek. At the request of the Fairhursts, this item was continued until the Commission's October 23 meeting.

6. HORACE PRATT, #01-0842, requests authorization to construct a single-family home at his property situated along the Chesapeake Bay in the City of Hampton. A Coastal Primary Sand Dune/Beaches permit is required. Acting as the review board for the Hampton Primary Sand Dune/Beaches action, the Commission voted, 6-0, to approve the permit request.

7. TODD BUILDERS, INC., #01-0919, requests authorization to construct a single-family home 60 feet of timber bulkhead at their property situated along the Chesapeake Bay in the City of Hampton. A Coastal Primary Sand Dune/Beaches permit is required. Acting as the review board for the Hampton Primary Sand Dune/Beaches action, the Commission voted, 6-0, to approve the permit request.

8. YORK RIVER YACHT HAVEN, #01-0905 requests authorization to remove a total of six (6) existing slips and construct a 284-foot by 10-foot floating pier, extending in a southerly direction from their existing fuel pier, to provide 11 new permanent slips along the east side, with the west side of the new pier reserved for transient mooring space. Additionally, shellfish aquaculture upweller units are proposed to be installed within the floating pier sections at their marina along Sarah Creek in Gloucester County. Prior to the meeting, the applicant agreed to all of the staff recommendations and, therefore, the item was moved to the Page Two Permit List and was approved under Item #2.

9. WILLIAM J. MEAGHER, #01-0607, requests authorization to construct a 340-foot by 6- foot private, noncommercial, open-pile walkway, of which approximately 100 feet crosses subaqueous land, and two (2) mooring piles adjacent to his property situated along Callis Creek in Mathews County. The project is protested by an adjacent property owner. The Commission approved the permit by a 5-1 vote.

10. DONALD R. MILES, #01-0829, requests authorization to construct a 35-foot by 20-foot open-sided private boathouse adjacent to his existing private pier situated along the York River near the mouth of Sarah Creek in Gloucester County. The project is protested by an adjacent property owner. The Commission approved the permit by a 6-0 vote.

11. BARBARA HIGGINBOTHAM, #99-0842, requests after-the-fact authorization to retain a 46-foot long by 44-foot wide portion of a commercial pier and Commission consideration of her failure to remove a 20' x 32' open-sided gazebo constructed at her property along Back Creek in York County. The Commission approved the permit by a 5-1 vote and imposed a $5,500 civil charge for the work performed earlier without a permit.

12. RIVER OAKS CIVIC ASSOCIATION, #01-1014, requests authorization to construct a 5-foot wide open-pile community pier extending 50 feet channelward of mean low water adjacent to a 40-foot easement across the property of Dewey and Alice Atkins which is situated along the Rappahannock River in Essex County. The project is protested by several adjoining property owners. The Commission approved the permit by a 6-0 vote.

13. COUNTY OF ROCKINGHAM, #01-0233, requests after-the-fact authorization to install, by the open cut method, 30 linear feet of 8" diameter sanitary sewer pipe beneath Cub Run, a tributary to the South Fork of the Shenandoah River. The Commission approved the permit by a 5-0 vote.

14. PRINCE WILLIAM COUNTY SERVICE AUTHORITY, ET AL, #01-1022, requests authorization to install by the open-cut method, a six-inch diameter ductile iron sanitary sewer force main, a minimum of 3-feet beneath Kettle Run, immediately downstream of the Kettle Run Road Crossing, in Prince William County. The project is protested by an adjacent property owner. The Commission approved the permit by a 4-0 vote with two abstentions.

15. DISCUSSION: Enactment of a Ballast Water Discharge Reporting regulation pursuant to Ch. 312 Acts of Assembly 2001. Request for public hearing. The Commission heard a staff report and set a public hearing for Sept. 25, the next Commission meeting.

16. DISCUSSION: Request by VIMS that the Commission set aside and leave unassigned a 300-500 acre area in South Bay on the seaside of the Eastern Shore in support of their enjoining SAV restoration efforts. The Commission agreed to set aside the area for five years in conformance with the staff recommendation.

17. PUBLIC COMMENT. One individual appeared before the Commission, presenting materials for a case to be heard next month.

18. PUBLIC HEARING: Proposed amendment to Regulation 4 VAC 20-670-10 et seq. Creating a recreational eel pot license and restrictions on its use. After the public hearing, the Commission voted, 6-0 to approve the regulation amendment.

19. DISCUSSION: Request for public hearing to adjust the trip limits for the fourth quarter commercial black sea bass fishery and for the Winter II period commercial scup fishery. The Commission heard the request and set a public hearing for the Sept. 25 meeting.

20. DISCUSSION: Request for public hearing to amend Regulation 4 VAC 20-720-10 et seq., to establish harvest restrictions for the 2001-2002 Public Oyster Harvest Season. The Commission heard the request and set a public hearing for the Sept. 25 meeting.

21. Request for exception to the limited entry criteria for the Black Drum Fishery. The Commission agreed by a 6-0 vote to approve the one-in, one-out exception request.

22. BRIEFING: Status of Recreational Summer Flounder Harvest. The Commission received a briefing and agreed with staff that no changes in the recreational summer flounder harvest quota would be implemented this season.

23. DISCUSSION: Proposed amendment to Regulation 4 VAC 20-1010-10 et seq., to establish new boundaries for the Chincoteague Bay SAV Conservation Area. Request for Public Hearing. The Commission heard the proposal and set a public hearing for its Sept. 25 meeting.

24. PETER PAUL: Artificial Reef Discussion. The Commission approved the concept of Mr. Paul's proposed artificial fishing reef in memory of the crew members of the U.S.S. Cole who were killed in the Middle East incident last year. The agency staff will help arrange for interested parties to meet to determine what can be done to establish the reef.

25. REPEAT OFFENDERS. Two seafood buyers came before the Commission as a follow-up to investigations conducted by the agency and agents of the U.S. Fish and Wildlife Service. One buyer was placed on probation for one-year, while the other was placed on probation for two years.