Commission Meeting, October 23, 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. MR. AND MRS. DEVON FAIRHURST, #98-1078. Reconsideration of the Fairhursts' after-the-fact application to retain a dockhouse built atop the private, non-commercial pier at their property situated along Parkers Creek, a tributary to Onancock Creek. The Circuit Court of Accomack County remanded and set aside the Commission?s October 26, 1999, decision to deny the after-the-fact request.

4. 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 addition adjacent to his property situated along Mill Creek in Northumberland County. The project is protested by an oyster ground leaseholder.

5. THOMAS A. DINGLEDINE, #01-1262, requests authorization to construct a 12' x 10' covered porch located 73 feet channelward of mean low water on an existing pier situated along Horn Harbor in Mathews County.

6. RICHARD HIXSON, #01-0782, requests authorization to rebuild an existing 10' x 30' building at his property located 20 feet channelward of mean low water situated along Horn Harbor in Mathews County.

7. ROBERT M. JONES, #01-0491, requests authorization to retain unauthorized fill placed on State-owned subaqueous bottomland; and to construct an 85-foot long stone breakwater at his property situated along the James River in Isle of Wight County.

8. CITY OF FRANKLIN, #01-1378, requests after-the-fact authorization to retain previously relocated aerial power lines within a VDOT easement over 173 linear feet of the Blackwater River in the City of Franklin and Isle of Wight County in association with a bridge relocation project.

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

10. PUBLIC COMMENTS:

12. ADOPTION of Draft Regulation 4VAC 20-70-10 et seq., "Pertaining to the Harvesting of Clams," in order to establish boundaries of SAV conservation areas, based on results of last months public hearing.

13. PUBLIC HEARING: Request of the Coastal Conservation Association of Virginia to lower the possession limits on cobia and spadefish.

14. PUBLIC HEARING: Proposed modifications to the commercial striped bass fishery and ITQ program, to address quota overages.

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2A. AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, #01-0836, requests authorization to perform 10,000 cubic yards of maintenance dredging to achieve maximum depths of minus six (-6) feet below mean low water in Austin Run and Aquia Creek, Reaches A and B, and maximum depths of minus five (-5) feet in Aquia Creek, Reach E, to access Aquia Harbour Marina in Stafford County.

2B. KINDER MORGAN/PLANTATION PIPELINE, #01-1528, requests authorization to install 70 linear feet of 12-inch diameter petroleum pipeline approximately 30 feet below the North Anna River and to install 80 linear feet of 12-inch diameter petroleum pipeline approximately 30 feet below the South Anna River, both installations using the directional drill method, within right-of-way easements in Hanover and Caroline Counties. Recommend a royalty of $150.00 for the crossing under 150 feet of State-owned subaqueous bottom at the rate of $1.00 per linear foot.

2C. HENRICO DEPARTMENT OF PUBLIC UTILITIES, #01-1686, requests authorization to install, by directional drill method, 635 feet of 16-inch diameter water main under Tuckahoe Creek, a tributary to the James River, in Goochland and Henrico Counties.

2D. FEDERAL HIGHWAY ADMINISTRATION, #99-2108, requests modification of a previously issued permit to add additional breakwater structures and to install riprap impacting State-owned subaqueous bottomland at Mason Neck State Park and Mason Neck National Wildlife Refuge in Occoquan Bay, a tributary to the Potomac River in Fairfax County (part of the I-95 Woodrow Wilson Bridge project mitigation proposal).

2E. OCEAN MARINE, LLC, #99-1507, requests authorization to modify their existing permit to add a 100-foot long floating wave break at their facility situated along the Southern Branch of the Elizabeth River in Portsmouth.

2F. WAVERLY GAS PRODUCERS LLC, #01-1625, requests authorization to install 180 linear feet of 14-inch methane gas pipeline, by directional drill method, within
VDOT R/W, a minimum of five (5) feet below the existing bottom of Bailey Creek, a tributary to the James River in the City of Hopewell and the County of Prince George. Recommend a royalty of $180.00 for the crossing of 180 linear feet of State-owned subaqueous land at a rate of $1.00 per linear foot.

Agenda Items for the October 23, 2001 Commission meeting are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting. With one correction, the minutes were approved as circulated.

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

3. MR. AND MRS. DEVON FAIRHURST, #98-1078. Reconsideration of the Fairhursts' after-the-fact application to retain a dockhouse built atop the private, non-commercial pier at their property situated along Parkers Creek, a tributary to Onancock Creek. The Circuit Court of Accomack County remanded and set aside the Commission's October 26, 1999, decision to deny the after-the-fact request. The Commission voted, 4-3 to approve the after-the-fact application and voted, 7-0 to impose triple fees and an additional civil charge of $600 in lieu of other Commission action.

4. 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 addition adjacent to his property situated along Mill Creek in Northumberland County. The project is protested by an oyster ground leaseholder. The Commission authorized the after-the- fact action by a previous property owner and approved Mr. Lane's request for a second open-sided boathouse by a 7-0 vote.

5. THOMAS A. DINGLEDINE, #01-1262, requests authorization to construct a 12' x 10' covered porch located 73 feet channelward of mean low water on an existing pier situated along Horn Harbor in Mathews County. The case was deferred until the Commission's meeting November 27.

6. RICHARD HIXSON, #01-0782, requests authorization to rebuild an existing 10' x 30' building at his property located 20 feet channelward of mean low water situated along Horn Harbor in Mathews County. The Commission approved the permit by a 5-1 vote.

7. ROBERT M. JONES, #01-0491, requests authorization to retain unauthorized fill placed on State-owned subaqueous bottomland; and to construct an 85-foot long stone breakwater at his property situated along the James River in Isle of Wight County. The Commission authorized the placement of fill on state-owned bottom and the construction of the breakwater by a 7-0 vote.

8. CITY OF FRANKLIN, #01-1378, requests after-the-fact authorization to retain previously relocated aerial power lines within a VDOT easement over 173 linear feet of the Blackwater River in the City of Franklin and Isle of Wight County in association with a bridge relocation project. The Commission approved the after-the-fact permit by a 7-0 vote.

9. REGULATION ADOPTION: Proposed Ballast Water Discharge Reporting Regulation 4 VAC 20-395-10 et seq. The Commission approved the regulation and the conceptual memorandum of understanding between the VMRC and the Hampton Roads Maritime Association by a 6-0 vote.

10. PUBLIC COMMENTS: Charlie Amory, representing eight of the nine flounder packers, asked the Commission to approve an emergency regulation to restrict the per-boat harvest of summer flounder from Nov. 1 to December 31 to 7,500 pounds every 10-days. The proposal is similar to the regulation that was in effect for summer flounder for the first quarter of the 2001 calendar year. The emergency regulation was approved by a 6-0 vote.

11. ADOPTION of Draft Regulation 4VAC 20-70-10 et seq., "Pertaining to the Harvesting of Clams," in order to establish boundaries of SAV conservation areas, based on results of last month's public hearing. The Commission approved the regulation amendment by a 6-0 vote.

12. PUBLIC HEARING: Request of the Coastal Conservation Association of Virginia to lower the possession limits on cobia and spadefish. The Commission voted to reduce the recreational possession limit on cobia from two to one fish and on spadefish from six to four fish. The current commercial possession limit was retained. The vote on each measure was, 7-0.

13. PUBLIC HEARING: Proposed modifications to the commercial striped bass fishery and ITQ program, to address quota overages. The Commission voted, 7-0, to appoint a task force comprised of commercial watermen and two members of the Commission to attempt to reach a decision on the striped bass fishery for the 2002 season. If, however, the 2001 Virginia striped bass commercial quota appears to be going over this year then remedial action should be taken.