Commission Meeting, September 25, 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. BRIEFING BY ANN SWANSON, EXECUTIVE DIRECTOR, CHESAPEAKE BAY COMMISSION.

4. CRAB CREEK IMPROVEMENTS, L.L.C., #00-2197, requests authorization to dredge approximately 15,000 cubic yards of State-owned subaqueous bottom material to create primary and secondary access channels in Crab Creek, a tributary of the Lafayette River in the City of Norfolk. The project is protested by several nearby property owners.

5. TROY LANE, #00-1871, requests after-the-fact authorization to retain a 48-foot long by 18-foot wide open-sided, timber boathouse and construct a second 35-foot long by 16-foot wide, open-sided private, noncommercial timber boathouse adjacent to his property situated along Mill Creek in Northumberland County. The project is protested by the oyster ground leaseholder.

6. HOWARD HACKMAN, #01-0828, requests authorization to construct a 19' x 40' open-sided boathouse adjacent to an existing 12' x 32' boathouse adjacent to his property situated along Morris Creek in Mathews County. The project is protested by an adjacent property owner.

7. JAMES B. MARSHALL, #01-1029, requests authorization to construct a 6-foot by
8-foot storage building near the channelward end of his existing private, noncommercial pier situated along the Piankatank River in Middlesex County.

8. ANDREW GURKIN, #00-1908, requests authorization to excavate 6,000 square feet of submerged aquatic vegetation in conjunction with the dredging of 7,000 cubic yards of new material and 3,000 cubic yards of maintenance material to achieve a 50' wide channel and maximum depths of minus six (-6) feet below mean low water to access Dandy Haven Marina situated along Back River in the City of Hampton.

9. PUBLIC HEARING: Proposed Ballast Water Discharge Reporting Regulation
4 VAC 20-395-10 et seq.

10. PUBLIC COMMENTS:

11. PUBLIC HEARING: Proposed amendments to Regulation 4VAC 20-950-10 et seq.,
"Pertaining to Black Sea Bass" to establish trip limits and possession limits for the
October 1 through December 31 fishing season.

12. PUBLIC HEARING: Proposed amendments to Regulation 4VAC 20-910-10 et seq., "Pertaining to Scup" to adjust the initial and final possession limits and the harvest trigger percentage for the November 1 through December 31 fishing season.

13. PUBLIC HEARING: Proposed amendments to Regulation 4VAC 20-1010-10 et seq., "Pertaining to Dredging in Submerged Aquatic Vegetation" to prohibit the use of any dredge in Chincoteague Bay and Assateague Channel and Bay.

14. PUBLIC HEARING: Proposed amendments to Regulation 4VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" to establish harvest restrictions for the 2001-2002 public oyster season.

15. DISCUSSION: Request of the Coastal Conservation Association of Virginia to lower the possession limits on cobia and spadefish. Request for public hearing.

16. Recommendations of the Recreational Fishing Advisory Board pertaining to the funding of certain projects.

17. DISCUSSION: Review of Striped Bass fishery, ITQ Program, and quota overages. Request for public hearing.

18. DISCUSSION: Review of Mandatory Harvest Reporting Program. Request for public hearing.

19. REPEAT OFFENDERS

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

2A. DOMINION VIRGINIA POWER, #01-0089, requests authorization to cross 3650 linear feet of State-owned submerged land with a 115kV aerial transmission line to replace and upgrade an existing transmission line across the Piankatank River, Healys Pond, Harper Creek, and Cow Creek Pond in Gloucester and Middlesex Counties. Recommend approval with the assessment of a royalty of $3650.00 for the encroachment over 3650 linear feet of State-owned submerged land at a rate of $1.00 per linear foot.

2B. TOWN OF BIG STONE GAP, #01-0688, requests a modification to their existing permit to allow for the construction of a temporary sediment and dewatering basin within the South Fork of the Powell River to facilitate construction of a new concrete dam in Wise County. Recommend approval provided the structure is removed upon completion of construction, and that the streambed is restored to its pre-existing contours and condition.

2C. SEA SEA AND COMPANY, ET AL, #01-0471, requests authorization to widen the existing timber boardwalk at Riverwalk, from 6 to 12 feet in width, to construct a 12-foot wide boardwalk from Riverwalk to the existing Mamie Davis Park Wharf, and to construct a 12-foot wide boardwalk from the Mamie Davis Park Wharf to the channelward end of an existing rock jetty, along the Occoquan River in the Town of Occoquan.

2D. NOVA CHEMICALS USA, INC., #01-1348, requests authorization to dredge 18,780 cubic yards of new material and perform 16,990 cubic yards of maintenance dredging to achieve maximum depths of -35 feet below mean low water, to pave an existing earthen boat ramp, to construct a tending pier adjacent to the boatramp, and install two (2) osprey nesting platforms adjacent to their property situated along the Southern Branch of the Elizabeth River in the City of Chesapeake. Recommend a royalty of $0.60 per cubic yard for the new dredging of 18,780 cubic yards.

2E. CAMERON BAY, LLC, #01-0891, requests authorization to install by directional drill method 72 linear feet of 8-inch sewerline inside a 20-inch casing beneath Swift Creek, a tributary to the James River in Chesterfield County. Recommend a royalty of $72.00 for the crossing of 72 linear feet of State-owned subaqueous bottom at a rate of $1.00 per linear foot.

2F. HAMPTON ROADS SANITATION DISTRICT, #01-1575, requests authorization to install a 30" sanitary sewer force main by horizontal directional drill method a distance of 689 linear feet within the VDOT R/W under Powhatan Creek, a tributary to the James River, in James City County.

2G. CITY OF FRANKLIN, #01-1389, requests authorization to relocate aerial power lines within an easement in conjunction with a VDOT bridge relocation for a distance of 173 linear feet over the Blackwater River in the City of Franklin and Isle of Wight County.

2H. YORK COUNTY DEPARTMENT OF GENERAL SERVICES, #00-1673, requests authorization to construct a 247-foot long by 18-foot wide pier with a 250-foot long by 40-foot wide T-head and two (2) 20-foot by 20-foot mooring dolphins for mooring of dinner cruise ships, and a 76-foot long by 16-foot wide pedestrian observation pier with a 52-foot long by 16-foot wide T-head and two 20-foot by 20-foot mooring dolphins along the Yorktown waterfront situated along the York River in York County.

Agenda Items for the September 25, 2001 Commission meeting are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting. The Commission approved the minutes, 7-0-1 with Mr. Ballard abstaining because he did not attend the meeting.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission approved the permits by an 8-0 vote.

3. BRIEFING by Ann Swanson, Executive Director, Chesapeake Bay Commission. Ms. Swanson gave the Commission a brief overview on the Chesapeake Bay Commission's work over the past two decades and reflected on its recent blue crab endeavors.

4. CRAB CREEK IMPROVEMENTS, L.L.C., #00-2197, requests authorization to dredge approximately 15,000 cubic yards of State-owned subaqueous bottom material to create primary and secondary access channels in Crab Creek, a tributary of the Lafayette River in the City of Norfolk. The project is protested by several nearby property owners. The Commission voted, 7-0 to approve the permit with staff recommendations.

5. HOWARD HACKMAN, #01-0828, requests authorization to construct a 19' x 40' open- sided boathouse adjacent to an existing 12' x 32' boathouse adjacent to his property situated along Morris Creek in Mathews County. The project is protested by an adjacent property owner. The Commission voted, 8-0, to deny the permit.

6. JAMES B. MARSHALL, #01-1029, requests authorization to construct a 6-foot by 8-foot storage building near the channelward end of his existing private, noncommercial pier situated along the Piankatank River in Middlesex County. The Commission voted, 7-0-1, with Mr. Birkett abstaining, to deny the permit.

7. ANDREW GURKIN, #00-1908, requests authorization to excavate 6,000 square feet of submerged aquatic vegetation in conjunction with the dredging of 7,000 cubic yards of new material and 3,000 cubic yards of maintenance material to achieve a 30' wide channel and maximum depths of minus six (-6) feet below mean low water to access Dandy Haven Marina situated along Back River in the City of Hampton. The Commission voted, 8-0, to approve the permit, but stressed that the project was unique and the SAV mitigation project was at a nearby proven site.

8. PUBLIC HEARING: Proposed Ballast Water Discharge Reporting Regulation 4 VAC 20-395-10 et seq. The Commission continued discussion on the regulation until its October 23 meeting and asked staff to continue working to develop alternative wording in portions of the regulation.

9. PUBLIC COMMENTS: A waterman appeared and asked the Commission to approve the transfer of his later father's black drum license to him. The Commission voted, 8-0, to approve the request.

10. PUBLIC HEARING: Proposed amendments to Regulation 4VAC 20-950-10 et seq., "Pertaining to Black Sea Bass" to establish trip limits and possession limits for the October 1 through December 31 fishing season. The Commission voted, 7-1, to approve the amendment.

11. PUBLIC HEARING: Proposed amendments to Regulation 4VAC 20-910-10 et seq., "Pertaining to Scup" to adjust the initial and final possession limits and the harvest trigger percentage for the November 1 through December 31 fishing season. The Commission voted, 8-0, to approve the amendments.

12. PUBLIC HEARING: Proposed amendments to Regulation 4VAC 20-1010-10 et seq., "Pertaining to Dredging in Submerged Aquatic Vegetation" to prohibit the use of any dredge in Chincoteague Bay and Assateague Channel and Bay. The Commission continued action until its October 23 meeting on the amendments and asked the staff to return with specific boundaries on the prohibited areas.

13. PUBLIC HEARING: Proposed amendments to Regulation 4VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" to establish harvest restrictions for the 2001-2002 public oyster season. The Commission voted, 8-0, to approve the amendments.

14. DISCUSSION: Request of the Coastal Conservation Association of Virginia to lower the possession limits on cobia and spadefish. Request for public hearing. The Commission voted, 8-0, to set a public hearing for October 23.

15. RECOMMENDATIONS of the Recreational Fishing Advisory Board pertaining to the funding of certain projects. The Commission voted, 8-0, to approve the recommended projects, which included two relating to artificial fishing reefs and the other dealing with signs for VMRC/RFAB funded projects.

16. DISCUSSION: Review of Striped Bass fishery, ITQ Program, and quota overages. Request for public hearing. The Commission voted, 8-0, to set a public hearing for October 23.

17. DISCUSSION: Review of Mandatory Harvest Reporting Program. Request for public hearing. The Commission delayed consideration of this item until its next meeting.

18. REPEAT OFFENDERS: The Commission considered two cases. Because one waterman did not appear at the meeting, all of his licenses were revoked until he appears before the Commission; the vote was 8-0. In the other case, a waterman was placed on two year's probation by an 8-0 vote