Commission Meeting, November 27, 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. JOHN F. SLOAN, #01-1589, requests authorization to dredge approximately 465 cubic yards of subaqueous material to create a 292-foot long by 30-foot wide channel possessing depths of minus six (-6) feet at mean low water adjacent to his property at the mouth of Moran Creek in Lancaster County. The project is protested by the oyster planting ground leaseholder at the site.

4. 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 project was continued from the October 23, 2001, hearing, at the request of the applicant.

5. STEVE THACKER, #01-0354, requests after-the-fact authorization to retain riprap revetment and to complete the partial construction of a dual slip open-sided boathouse and a marginal wharf adjacent to his property situated along Diascund Creek, a tributary to the Chickahominy River in James City County.

6. PUBLIC COMMENTS

7. Recommendations of the Recreational Fishing Advisory Board

8. Public Hearing: Proposed amendments to Regulation 4VAC20-620-10 et seq., Pertaining to Summer Flounder, to adjust the fourth quarter commercial harvest trip limits.

9. Public Hearing: Proposed amendments to Regulation 4VAC20-610-10 et seq., Pertaining to Commercial Fishing and Mandatory Harvest Reporting to require reporting of certain offshore catches.

10. Crab Dredge License exemption requests.

11. Report of the Striped Bass Task Force.

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

2A. VIRGINIA DEPARTMENT OF CORRECTIONS, #01-1720, requests authorization to replace an existing deteriorated rock fill and concrete dam with a 110-foot long concrete dam spanning Kimberling Creek in Bland County. Approximately 23 cubic yards of material will be removed from the creek bed to facilitate installation, the up-and down-stream sides of the structure will be armored with a total of 80 linear feet of riprap, and 35 linear feet of riprap will be installed to protect the existing raw water intake structure. Recommend approval with partial removal of the existing dam and our standard instream construction conditions.

2B. CITY OF NORFOLK, #01-1943, requests authorization to extend an existing breakwater by 120 linear feet and to place 3,100 cubic yards of sand for beach nourishment in a 220' x 50' area behind an existing breakwater adjacent to their property situated along the Chesapeake Bay.

2C. SEA SEA AND COMPANY, ET AL, #01-0471-20, requests authorization to widen the existing timber boardwalk at Riverwalk from 6 feet to 12 feet in width, to construct a 12-foot wide boardwalk from Riverwalk to the Mamie Davis Park Wharf, and to construct a 15-foot wide boardwalk from the Mamie Davis Park Wharf to the channelward end of an existing rock jetty situated along the Occoquan River in the Town of Occoquan, Prince William County. This project was approved by the Commission as a page 2 item at the September 25, 2001, meeting; however, a portion of the boardwalk was incorrectly described as 12 feet in width.

2D. COLONNA YACHTS, #01-1391, requests authorization to dredge, by clamshell method, approximately 87,000 cubic yards of maintenance material and 10,800 of new State-owned subaqueous bottom to a maximum depth of -20 feet below mean low water adjacent to their facility situated along the Eastern Branch of the Elizabeth River in Norfolk. All materials will be disposed of at the Craney Island Disposal Facility.

Agenda Items for the November 27, 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 Commission voted, 8-0, to approve the permits as presented.

3. JOHN F. SLOAN, #01-1589, requests authorization to dredge approximately 465 cubic yards of subaqueous material to create a 292-foot long by 30-foot wide channel possessing depths of minus six (-6) feet at mean low water adjacent to his property at the mouth of Moran Creek in Lancaster County. The project is protested by the oyster planting ground leaseholder at the site. At the request of the applicant, the proposed permit was deferred.

3A. EXECUTIVE SESSION. The Commission held a closed meeting for a briefing by its legal counsel on existing litigation and agenda item No. 4.

4. 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 project was continued from the October 23, 2001, hearing, at the request of the applicant. The Commission voted, 7-1, to deny the permit.

5. STEVE THACKER, #01-0354, requests after-the-fact authorization to retain riprap revetment and to complete the partial construction of a dual slip open-sided boathouse and a marginal wharf adjacent to his property situated along Diascund Creek, a tributary to the Chickahominy River in James City County. The Commission voted, 8-0, to approve with triple permit fees, the after-the-fact permit including the riprap revetment and the dual slip open-sided boathouse. Approval of the permit was also conditional upon the agreement of a civil charge of $600 against the applicant and $1,800 against the contractor, Waterfront, Piers and Bulkheads.

6. PUBLIC COMMENTS: There were no comments.

7. Recommendations of the Recreational Fishing Advisory Board: The Commission voted, 8-0, to approve the RFAB's recommended items with the addition of item No. E.

8. Public Hearing: Proposed amendments to Regulation 4VAC20-620-10 et seq., Pertaining to Summer Flounder, to adjust the fourth quarter commercial harvest trip limits. The Commission voted, 8-0, to approve the amendments as proposed.

9. Public Hearing: Proposed amendments to Regulation 4VAC20-610-10 et seq., Pertaining to Commercial Fishing and Mandatory Harvest Reporting to require reporting of certain offshore catches. The Commission voted, 8-0, to approve the amendments as proposed.

10. Crab Dredge License exemption requests: The Commission voted, 7-0, to approve the exemption requests from two working watermen. Mrs. Gordy abstained.

11. Report of the Striped Bass Task Force: This item was deferred until the Commission's December 18 meeting.

12. Rappahannock Oyster Dredging. Associate Member S. Lake Cowart Jr. asked that the Commission set a public hearing for the December 18 meeting to consider the possibility of extending the oyster hand scrape season sections of the Rappahannock River beyond the Dec. 31, 2001 expiration date. The Commission voted, 8-0, to hold the public hearing.