Commission Meeting, April 23, 2002

** CALL TO ORDER

** INVOCATION AND PLEDGE OF ALLEGIANCE

** APPROVAL OF AGENDA

1. APPROVAL OF MINUTES - March 26, 2002

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

3. ROBERT W. TAYLOR, #02-0022-21, requests authorization to construct a second private, non-commercial, open-pile pier extending 190 feet channelward of mean low water and 32' by 16' open-sided boathouse adjacent to his property situated along the York River in King and Queen County. The project is protested by an adjoining property owner.

4. JEFF HARRIS, #00-0138-15, requests authorization to construct a 31-foot long by 16-foot wide private, non-commercial, open-pile boathouse with a 4-foot by 16-foot elevated deck adjacent to his property situated along the Poquoson River in York County. The project is protested by an adjacent property owner.

5. RED RIVER COAL COMPANY, INC., #02-0399, requests authorization to construct a 30-foot x 40-foot clear span bridge across the Powell River to provide vehicular access to a proposed mining operation in the Dorchester community of Wise County. The project is protested by a nearby property owner.

6. E. D. COCKRELL, SR., #00-0997-13, requests after-the-fact authorization to retain two (2) 24-foot long by 31/2-foot wide extensions to an existing 24-foot long community-use timber tending pier adjacent to his property situated along a cove of the Great Wicomico River in Northumberland County.

7. STRATFORD HARBOUR POA INC., #01-1603-20, requests after-the-fact authorization to retain a boatlift installed within a wet slip at an existing community pier situated along Currioman Bay in Westmoreland County.

8. PUBLIC COMMENTS

9. SPECIAL PRESENTATIONS

10. DISCUSSION: Adjustment of the summer period (May 1 - October 31) commercial scup quota, from 2774 pounds to 4987 pounds. Request for May 2002 Public Hearing.

11. PUBLIC HEARING: Consideration of a proposed one-month extension of the allowance for small-mesh (to 2 inches) drift gill nets to be fished in upriver areas.

12. PUBLIC HEARING: Consideration of an expansion of the 661-square mile Virginia Bay-wide Blue Crab Spawning Sanctuary and consideration of short-term prohibitions on the harvest of sponge crabs.

** DATE OF NEXT COMMISSION MEETING: MAY 28, 2002

** ADJOURNMENT

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

2A. BAYMARK CONSTRUCTION CORPORATION, #93-0149-17, requests authorization to modify their existing permit to dredge by clamshell method a portion of the navigational channel leading into Kings Creek in Northampton County. Specifically, this modification would extend the existing permitted dredged channel southwest approximately 360 linear feet to connect with Cherrystone Channel. Recommend a royalty in the amount of $1,020.00 at a rate of $0.60 per cubic yard. All other conditions of their permit will remain unchanged.

2B. FAIRFAX COUNTY PARK AUTHORITY, #01-1297-20, requests authorization to install five (5) low profile, concrete stream crossings totaling approximately 220 linear feet across Holmes Run in association with the construction of the Holmes Run Stream Valley Trail in Fairfax County.

2C. METRO MACHINE CORPORATION, #02-0173-15, requests authorization to relocate an existing 495 linear foot pier, install a 31-inch diameter mooring cell, a mooring platform, two (2) trestles, an electrical equipment platform, 350 linear feet of replacement bulkhead no greater than two (2) feet in front of the existing bulkhead, two (2) 24-inch spud piles, two (2) proposed breasting dolphins and dredge 191,800 cubic yards of State-owned subaqueous bottom to achieve maximum depths of -50 feet below mean low water within the dry dock and -37 feet within the channel adjacent to their property situated at the confluence of the Southern and Eastern Branches of the Elizabeth River in the City of Norfolk. Recommend a royalty in the amount of $86,310.00 for the new dredging of 191,800 cubic yards at a rate of $0.45 per cubic yard.

2D. GIANT CEMENT VIRGINIA, INC., #01-2228-15, requests authorization to maintenance dredge, by clamshell method, 8,000 cubic yards of State-owned subaqueous bottom in a 950-foot long by 200-foot wide area to maximum depths of -38 feet below mean low water adjacent to their property situated along Paradise Creek in the Cities of Portsmouth and Chesapeake.

2E. LAMBERT'S POINT DOCKS, INC., #01-2199-15, requests authorization to dredge, by clamshell method, 15,067 cubic yards of maintenance and 1,333 cubic yards of new State-owned subaqueous bottom in a 1,300-foot long by 306-foot wide slip and channel between piers "L" and "S" to maximum depths of -36 feet below mean water adjacent to their property situated along the Elizabeth River in the City of Norfolk. Recommend a royalty of $599.85 for the new dredging of 1,333 cubic yards at a rate of $0.45 per cubic yard.

2F. NORFOLK YACHT AND COUNTRY CLUB # 01-1042, requests authorization to reconfigure the existing marina by constructing two (2) fixed piers, three (3) floating piers, one (1) floating pier/breakwater, four (4) floating sailboat storage piers, and installing 34 uncovered open-sided boatlifts adjacent to their property situated along the Lafayette River in the City of Norfolk. Recommend approval provided the western main pier would not be constructed until July 1, 2002 at which time 0.39 acres of Norfolk Public Ground Number 6, is removed pursuant to Acts of Assembly-Chapter 427(House Bill 1293) passed during the 2002 session of the Assembly.

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.

APRIL 2002 COMMISSION ACTIONS

Agenda Items for the April 23, 2002 Commission meeting are listed below with the Commission's actions in bold.

1. APPROVAL OF MINUTES - March 26, 2002. The Commission approved the minutes as circulated.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The commission voted, 8-0, to approve the permits.

3. ROBERT W. TAYLOR, #02-0022-21, requests authorization to construct a second private, non-commercial, open-pile pier extending 190 feet channel ward of mean low water and 32' by 16' open-sided boathouse adjacent to his property situated along the York River in King and Queen County. An adjoining property owner protests the project. The Commission voted, 8-0, to approve the permit as recommended by staff.

4. JEFF HARRIS, #00-0138-15, requests authorization to construct a 31-foot long by 16-foot wide private, non-commercial, open-pile boathouse with a 4-foot by 16-foot elevated deck adjacent to his property situated along the Poquoson River in York County. An adjacent property owner protests the project. The Commission voted, 5-3, to approve the open-pile boathouse, but rejected the adjacent elevated deck.

5. RED RIVER COAL COMPANY, INC., #02-0399, requests authorization to construct a 30-foot x 40-foot clear span bridge across the Powell River to provide vehicular access to a proposed mining operation in the Dorchester community of Wise County. A nearby property owner protests the project. The Commission voted, 8-0, to approve the permit with staff recommendations.

6. E. D. COCKRELL, SR., #00-0997-13, requests after-the-fact authorization to retain two (2) 24-foot long by 31/2-foot wide extensions to an existing 24-foot long community-use timber tending pier adjacent to his property situated along a cove of the Great Wicomico River in Northumberland County. The Commission voted, 7-0, to approve the after-the-fact permit request. (Associate Member Cowart did not participate or vote.)

7. STRATFORD HARBOUR POA INC., #01-1603-20, requests after-the-fact authorization to retain a boatlift installed within a wet slip at an existing community pier situated along Currioman Bay in Westmoreland County. The Commission voted, 8-0, to approve the after-the-fact permit request with a $600 civil charge in lieu of other enforcement action.

8. PUBLIC COMMENTS: The James River watermen requested an extension of the season in the clean-cull and seed areas of the river. The Commission voted, 8-0, to approve the extension through June 30. Waterman Kelly Place also asked the Commission to hold a public discussion at its May meeting on striped bass in regard to the upcoming ASMFC meeting that will examine Virginia's approach to the striped bass coastal fishery.

9. SPECIAL PRESENTATIONS: Col. Steven Bowman, Chief, Law Enforcement Division made two presentations to Marine Patrol Officers. Lawrence Ayers was recognized for his 20-years of service as he retires from the agency and Allen Marshall was recognized after being presented by the U.S. Coast Guard with its Distinguished Public Service Award.

10. DISCUSSION: Adjustment of the summer period (May 1 - October 31) commercial scup quota, from 2774 pounds to 4987 pounds. Request for May 2002 Public Hearing. The Commission voted, 7-0, to set a public hearing for meeting May 28.

11. PUBLIC HEARING: Consideration of a proposed one-month extension of the allowance for small-mesh (to 2 inches) drift gill nets to be fished in upriver areas. The Commission voted, 7-0, to approve the extension.

12. PUBLIC HEARING: Consideration of an expansion of the 661-square mile Virginia Bay-wide Blue Crab Spawning Sanctuary and consideration of short-term prohibitions on the harvest of sponge crabs. The Commission voted, 7-1, to set a public hearing for May 28 to consider new alternatives offered for consideration regarding the "deep-water" crab sanctuary in the Chesapeake Bay. The hearing also will involve discussions on the proposals related to the several proposals restricting the taking of female crabs.