Commission Meeting, March 26, 2002

** CALL TO ORDER

** INVOCATION AND PLEDGE OF ALLEGIANCE

** APPROVAL OF AGENDA

1. APPROVAL OF MINUTES - February 26, 2002

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. Continued from the December 18, 2001, meeting.

4. TOTUSKEY MARINE TERMINAL, L.L.C., #01-1250, requests authorization to construct a commercial, open-pile pier with a 20' x 20' platform, a 12' x 12' hopper and conveyor system extending seven (7) feet channelward of mean low water, adjacent to their property situated along Totuskey Creek in Richmond County. The project is protested by a nearby property owner.

5. WOODROW W. HAILEY, #01-1944, requests authorization to construct a 16' x 34' open-sided boathouse adjacent to a private, non-commercial, open-pile pier adjacent to his property situated along an unnamed tributary to Queens Creek in Mathews County. The project is protested by an adjacent property owner.

6. PETER GALANTICH, #02-0039, requests authorization to construct a 16-foot by 43.5-foot open-sided boathouse at the channelward end of a proposed 6-foot by 131-foot open-pile private pier adjacent to his property situated along the James River in the City of Newport News. The project is protested by an adjoining property owner.

7. BETTY WRIGHT, #01-1758, requests authorization to construct a 12-foot wide by 26-foot long private, noncommercial, concrete grate boatramp adjacent to her property situated along Bridge Creek in Northumberland County. The project is protested by an adjacent property owner.

8. PUBLIC COMMENTS

9. Public Hearing: Proposed amendments to Regulation 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to modify the possession limits of the 2nd, 3rd, and 4th quarters of 2002.

10. Public Hearing: Proposal to adopt provisions (establishment of York Spit Reef Broodstock Management Area) of Emergency Regulation 4 VAC 20-560-10 et seq., "Pertaining to Shellfish Management Areas," as a permanent part of this regulation.

11. Discussion: FMAC-endorsed proposal to extend the small mesh gill net exemption, from April 30 to May 31, for the harvest of river herring in upriver areas. Request for April 23, 2002 Public Hearing.

12. Discussion: Request by the Virginia Seafood Council for a May 28, 2002, Public Hearing, concerning additional testing of Crassostrea ariakensis in Virginia waters.

13. Public Hearing: Establishment of 2002 blue crab harvest restrictions, with proposed amendments to Regulation 4 VAC 20-752-10 et seq., "Pertaining to the Hampton Roads and Bayside Eastern Shore Blue Crab Management Areas;" and Regulation 4 VAC 20-300-10 et seq., "Pertaining to Crab Catch Limits."

14. Discussion: Request for exception to the limited entry criteria for the Black Drum Fishery.

** DATE OF NEXT COMMISSION MEETING: APRIL 23, 2002

** ADJOURNMENT

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

2A. SALEM STONE CORPORATION, #96-0236, requests reactivation and extension of a previously issued permit to relocate approximately 2,200 linear feet of Little Reed Island Creek adjacent to their quarry near High Rocks in Wythe County. Recommend approval with a new expiration date of January 5, 2004, and with all terms and conditions of the original permit to remain in effect.

2B. UNAMIN CORPORATION, #01-2034, requests authorization to reconstruct a storm damaged concrete weir and to dredge, by mechanical method, approximately 3,000 cubic yards of accumulated sediments from behind the upstream face of the weir, adjacent to their property situated along Back Creek, a tributary to the Potomac River, in Frederick County. Recommend a royalty in the amount of $1,200.00 for the dredging of 3,000 cubic yards at a rate of $0.45 per cubic yard.

2C. COUNTY OF BRUNSWICK, #01-1193, requests authorization to construct a water intake structure extending 11 feet into the Meherrin River and to install, by directional bore method, a flexible waterline under Reedy Creek, and the Meherrin River as part of the proposed Brunswick Regional Waterworks facility and in conjunction with the proposed Brunswick Generating Station in Brunswick County. Recommend standard instream construction conditions.

2D. DOMINION TRANSMISSION, INC., #01-1163, requests authorization to cross, by both the open-cut and directional bore methods, sections of Neabsco and Powell's Creeks and the original riverbed of the Occoquan River, beneath the Occoquan Reservoir, to install a 20-inch diameter natural gas pipeline in Prince William and Fairfax Counties.

2E. VULCAN CONSTRUCTION MATERIALS, #01-1314, requests authorization to maintenance dredge up to 12, 390 cubic yards of State-owned subaqueous bottom adjacent to their facility in the Appomattox River in Prince George County. All dredge material is to be disposed of at one of three previously excavated upland sites.

2F. MARINE RESOURCES COMMISSION, #00-2040. The Fisheries Management Division requests authorization to place a maximum of 600 cubic yards of vitreous china, broken into shell-sized pieces, as a test to evaluate the suitability of this material as alternative cultch material. The china will be placed adjacent to the reef at Langley Air Force Base, which was approved by the Commission on January 23, 2001.

2G. VIRGINIA DEPARTMENT OF TRANSPORTATION, #00-2103, requests a permit modification to allow for hydraulic dredging, as well as mechanical dredging as previously authorized, to remove 89,050 cubic yards of subaqueous bottom material from the Western Branch of the Elizabeth River to provide construction access for the Rt. 164 Pinners Point Interchange Bridge construction project and to install temporary timber fender piles adjacent to the new concrete pile bents of the proposed bridge for protection from construction barge traffic in the access channel. All dredged material will go to Craney Island for disposal as originally authorized. Recommend the booster pump and pipeline be marked in accordance with Coast Guard requirements, and all terms and conditions of the original permit to remain in effect.

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.

MARCH 2002 COMMISSION ACTIONS

Agenda Items for the March 26, 2002 Commission meeting are listed below with the Commission's actions in bold.

1. APPROVAL OF MINUTES - February 26, 2002. The Commission approved the minutes, by an 8-0 vote, as presented including an addition and a correction offered by Mr. Cowart.

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

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 oyster planting ground leaseholder at the site protests the project. Continued from the December 18, 2001, meeting. Although Mr. Sloan told the Commission he was willing to alter his permit request to build an extended pier rather than dredge, the Commission voted, 8-0, to deny without prejudice the permit as presented. This will allow Mr. Sloan to resubmit his proposal with an extended pier at a future date. Commission Member Hull said he felt he could not support dredging and since the state engineer for the project was not available due to illness that any consideration of the new pier extension of about 200 feet should not be considered now.

4. TOTUSKEY MARINE TERMINAL, L.L.C., #01-1250, requests authorization to construct a commercial, open-pile pier with a 20' x 20' platform, a 12' x 12' hopper and conveyor system extending seven (7) feet channelward of mean low water, adjacent to their property situated along Totuskey Creek in Richmond County. A nearby property owner protests the project. After a discussion, the Commission voted, 8-0, to postpone action on the permit until its April 23rd meeting.

5. WOODROW W. HAILEY, #01-1944, requests authorization to construct a 16' x 34' open-sided boathouse adjacent to a private, non-commercial, open- pile pier adjacent to his property situated along an unnamed tributary to Queens Creek in Mathews County. An adjacent property owner protests the project. The Commission voted, 8-0, to approve the permit with staff recommendations.

6. PETER GALANTICH, #02-0039, requests authorization to construct a 16-foot by 43.5-foot open-sided boathouse at the channelward end of a proposed 6-foot by 131-foot open-pile private pier adjacent to his property situated along the James River in the City of Newport News. An adjoining property owner protests the project. The Commission voted, 8- 0, to approve the permit with staff recommendations.

7. BETTY WRIGHT, #01-1758, requests authorization to construct a 12-foot wide by 26-foot long private, noncommercial, concrete grate boat ramp adjacent to her property situated along Bridge Creek in Northumberland County. An adjacent property owner protests the project. The Commission voted, 8-0, to approve the permit with staff recommendations.

8. PUBLIC COMMENTS: Waterman Chris Ludford expressed his concern that the commercial striped bass quota for 2002 would be reached early and the routine November-December fishery would not be allowed. He asked the Commission to consider closing the ocean striped bass fishery immediately. No action was taken.

Doug Jenkins, representing the Twin Rivers Watermen's Association, also expressed concern regarding the striped bass fishery and the fact that many watermen along the Potomac River will not be able to catch their quota because of the algae problem. He expressed the hope that in future years something will be done as to put no harm on any segment of the striped bass commercial fishery.

9. Public Hearing: Proposed amendments to Regulation 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to modify the possession limits of the 2nd, 3rd, and 4th quarters of 2002. The Commission voted, 8-0, to approve the amendments as proposed.

10. Public Hearing: Proposal to adopt provisions (establishment of York Spit Reef Broodstock Management Area) of Emergency Regulation 4 VAC 20-560-10 et seq., "Pertaining to Shellfish Management Areas," as a permanent part of this regulation. The Commission voted, 8-0, to approve the provisions enacted earlier as an Emergency Regulation.

11. Discussion: FMAC-endorsed proposal to extend the small mesh gill net exemption, from April 30 to May 31, for the harvest of river herring in upriver areas. Request for April 23, 2002 Public Hearing. The Commission voted, 8-0, to set a public hearing for its April 23rd meeting.

12. Discussion: Request by the Virginia Seafood Council for a May 28, 2002, Public Hearing, concerning additional testing of Crassostrea ariakensis in Virginia waters. Jack Travelstead, Chief, Fisheries Management Division, told the Commission that once the VSC's proposal for new controlled deployment has been prepared, it will be forwarded to the Crassostrea ariakensis Review Panel of the Chesapeake Bay Program's Living Resources Subcommittee for review and two informational meetings will be held for public comment. Frances Porter, VSC's executive director, asked for the public hearing on the proposal to be June 18, 2002. She also said the VSC is preparing a response to the Living Resources Subcommittee's seven questions on the proposal. The Commission voted, 7-0 with Mr. Ballard abstaining, to set the public hearing for June 18th.

13. Public Hearing: Establishment of 2002 blue crab harvest restrictions, with proposed amendments to Regulation 4 VAC 20-752-10 et seq., "Pertaining to the Hampton Roads and Bayside Eastern Shore Blue Crab Management Areas;" and Regulation 4 VAC 20-300-10 et seq., "Pertaining to Crab Catch Limits." After a presentation and discussion, the Commission voted, 8-0, to defer the two proposals-an expansion of the existing blue crab sanctuary in the deep waters of the Chesapeake Bay and a curtailment of the harvesting of female sponge crabs for either one week in the peak season of late July or a daily eight (8) bushel limit per boat during the entire month of July. The proposal will be sent by to the Commission's Blue Crab Advisory Committee that will meet during the next month and bring a report to the Commission's April 23rd meeting.

14. Discussion: Request for exception to the limited entry criteria for the Black Drum Fishery. The Commission approved, 8-0, the request by two watermen for entry into the fishery.