Commission Meeting, December 18, 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 maximum 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. Continued from the November 27, 2001, meeting.

4. APAC-VIRGINIA, INC., #01-0398, requests after-the-fact authorization to retain a 24-foot wide by 98-foot long temporary equipment dock and 92-foot long riprap revetment which extends approximately six (6) feet channelward of ordinary high water adjacent to their property situated along the James River between Powhatan and Goochland Counties. The applicant also requests additional authorization to modify the previously issued permit to construct two (2) approximately 45-foot long temporary culvert road crossings for equipment access over two (2) locations at Little Tuckahoe Creek in Goochland County and a 25-foot long temporary culvert crossing over Bernards Creek in Powhatan County.

5. JEFFREY HARRINGTON, #01-0377, requests authorization to dredge 1,480 cubic yards of subaqueous material to provide maximum depths of minus four and one-half (-4.5) feet at mean low water from a 400-foot by 34-foot area to improve a channel leading into Sturgeon Creek in Middlesex County. The sandy dredged material will be placed along 300 linear feet of the updrift adjacent shoreline as beach nourishment. The project is protested by three nearby property owners.

6. STAN J. DOBSON, #01-0338, requests authorization to construct a 50-foot long by 28-foot wide private, open-sided, non-commercial boathouse at his existing pier at his property situated along the Western Branch of the Elizabeth River in the City of Portsmouth. The project is protested by an adjacent property owner.

7. PUBLIC COMMENTS

8. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-720-10 et seq. to
extend the oyster harvest season within the Rappahannock River Hand Scrape Area.

9. DISCUSSION: 2002 Blue Crab Regulations; Recommendation of the Bi-State Blue
Crab Advisory Committee and VMRC Blue Crab Advisory Committee. Request for Public Hearing.

10. RECENT FEDERAL AND INTERSTATE MANAGEMENT REQUIREMENTS: Management measures for the 2002 recreational summer flounder and black sea bass fisheries. First quarter trip limits for the 2002 commercial black sea bass fishery.
Request for an emergency regulation.

11. REPORT OF THE VMRC STRIPED BASS TASK FORCE

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

2A. CITY OF VIRGINIA BEACH, #96-0083, requests a modification to and extension of their previously issued permit to allow for the annual dredging of approximately 4,000 cubic yards of bottom material, on an as-needed basis, to maintain maximum project depths of minus six (-6) feet at mean low water at the Lynnhaven Boat Ramp and Beach Facility situated along Crab Creek in Virginia Beach. Recommend approval of the modification and extension of the permit to May 31, 2006.

2B. CITY OF SUFFOLK, #00-0893, requests authorization to modify an existing permit to construct a 10-foot by 160-foot pedestrian bridge over the Nansemond River as part of the Constant's Wharf Community Facility.

2C. CITY OF ALEXANDRIA, #01-1768, requests authorization to perform maintenance dredging, by the mechanical method, of approximately 12,350 cubic yards of accumulated sediments, to achieve maximum depths of minus six (-6) feet at mean low water at the Founders Park Marina, and minus nine (-9) feet at mean low water at the Torpedo Factory Marina situated along the Potomac River in the City of Alexandria. This authorization is requested pending expiration of the public comment period on Friday, December 21, 2001.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE STEPHANIE MONTGOMERY (757-247-8088) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

FISHERY AGENDA ITEMS WILL BE CONSIDERED BY THE COMMISSION AT APPROXIMATELY 12:00 NOON AND WILL BE FOLLOWED WITH THE REMAINDER OF THE HABITAT PERMIT CASES.

Agenda Items for the December 18, 2001 Commission meeting are listed below with the Commission's actions in bold.

1. APPROVAL OF MINUTES for November 27, 2001. The Commission voted, 6-0, to approve the minutes as distributed.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 6-0, to approve the proposed three permits. Item 2-A included the added provision that the dredged sand be placed on the beach at Ocean Park.

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 maximum 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. Continued from the November 27, 2001, meeting. Mr. Sloan's attorney asked the Commission to continue the permit request to its March 26 meeting to allow contact with the oyster lease owner in the vicinity and to attempt to work out an agreement with that owner. The Commission voted, 6-0, to continue the case.

4. APAC-VIRGINIA, INC., #01-0398, requests after-the-fact authorization to retain a 24- foot wide by 98-foot long temporary equipment dock and 92-foot long riprap revetment which extends approximately six (6) feet channelward of ordinary high water adjacent to their property situated along the James River between Powhatan and Goochland Counties. The applicant also requests additional authorization to modify the previously issued permit to construct two (2) approximately 45-foot long temporary culvert road crossings for equipment access over two (2) locations at Little Tuckahoe Creek in Goochland County and a 25-foot long temporary culvert crossing over Bernards Creek in Powhatan County. The Commission voted, 6-0, to approve the two after-the-fact instances and the three culvert requests.

5. JEFFREY HARRINGTON, #01-0377, requests authorization to dredge 1,480 cubic yards of subaqueous material to provide maximum depths of minus four and one-half (-4.5) feet at mean low water from a 400-foot by 34-foot area to improve a channel leading into Sturgeon Creek in Middlesex County. The sandy dredged material will be placed along 300 linear feet of the updrift adjacent shoreline as beach nourishment. The project is protested by three nearby property owners. The Commission voted, 6-0, to approve the permit with staff proposed conditions.

6. STAN J. DOBSON, #01-0338, requests authorization to construct a 50-foot long by 28- foot wide private, open-sided, non-commercial boathouse at his existing pier at his property situated along the Western Branch of the Elizabeth River in the City of Portsmouth. The project is protested by an adjacent property owner. The Commission voted, 6-0, to deny the permit.

7. PUBLIC COMMENTS: Six persons spoke, bringing several matters to the attention of the Commission, which handled them in due course.

The Commission voted, 6-0, on an emergency regulation to extend the oyster dredging around Tangier Island through January.

The Commission voted, 6-0, on an emergency regulation to open six oyster rocks in the Rappahannock River above the Norris Bridge for a two-week trial period. The time to be determined by the staff.

The Commission voted, 6-0, on an emergency regulation to postpone until February 4, 2002 the opening of the Fluke season and to allow a 10 percent bycatch of fluke during January.

8. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-720-10 et seq. to extend the oyster harvest season within the Rappahannock River Hand Scrape Area. The Commission voted, 6-0, to approve the amendment.

9. DISCUSSION: 2002 Blue Crab Regulations; Recommendation of the Bi-State Blue Crab Advisory Committee and VMRC Blue Crab Advisory Committee. Request for Public Hearing. The Commission voted, 6-0, to advertise 14 specific alternatives for the regulations to be heard at a public hearing January 22.

10. RECENT FEDERAL AND INTERSTATE MANAGEMENT REQUIREMENTS: Management measures for the 2002 recreational summer flounder and black sea bass fisheries. First quarter trip limits for the 2002 commercial black sea bass fishery. Request for an emergency regulation. The Commission voted, 6-0, to set a public hearing in February to enact management measures on recreational summer flounder and black sea bass fisheries. It also voted, 6-0, in an emergency measure, to change the first quarter 2001 trip limit quota from 9,000 pounds to 7,000 pounds until the quota is reached.

11. REPORT OF THE VMRC STRIPED BASS TASK FORCE: The Commission heard the report and voted, 5-1, to set a public hearing in February to consider the Task Force and staff recommendations, along with proposals from the Coastal Conservation Association of Virginia.