Commission Meeting, December 17, 2002

1. MINUTES of previous meeting.

** APPROVAL OF MINUTES.

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

3. EAST TENNESSEE NATURAL GAS, #01-2113, requests authorization to install a total of 29 gas pipeline crossings under 25 jurisdictional, State-owned subaqueous stream and river beds in five counties in southwestern Virginia associated with the proposed Patriot Project. The pipeline expansion and extension project will traverse Smyth, Wythe, Carroll, Patrick, and Henry Counties and is protested by numerous residents along the proposed route from Tennessee to North Carolina. Continued from the December 3, 2002 public hearing held in Patrick County.

4. PORT MYERS, LLC, #02-1631. Commission review on appeal by 25 freeholders of the November 13, 2002, decision by the York County Wetlands Board to authorize a community pier over wetlands situated along Chisman Creek.

5. BEACH DRIVE ASSOCIATION, #00-1823, requests after-the-fact authorization to retain previously constructed and unauthorized structures to include a 5-foot by 65-foot open-pile community pier with a 5-foot by 10-foot 7-inch L-head, and a 10-foot by 143.5-foot wood boat ramp, of which 45 feet extends channelward of mean low water within and adjacent to the Rappahannock River in Essex County.

6. COURTLAND FARM-LOUDOUN LLC, #02-1387, requests authorization to install, by the directional bore method, a 4-inch diameter, encased sanitary sewer force main pipeline, a minimum of 15 feet beneath a 150-foot wide section of Goose Creek, approximately 4,000 feet downstream of the Route 15 bridge crossing in Loudoun County. Citizens of Loudoun County protest the project.

7. RAMONA H. EDDINS, #02-1031, requests authorization to dredge an existing pool on an as-needed basis, by removing an estimated 25 cubic yards of State-owned submerged lands annually to maintain depths of minus seven (-7) feet below ordinary high water, adjacent to her property situated along the Conway River at the boundary of Green and Madison Counties. An adjacent property owner protests the project.

8. PUBLIC COMMENTS:

9. STRIPED BASS: Adoption of 2003 Regulation 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," for the Coastal Area.

10. BLACK SEA BASS: Adoption of 2003 Regulation 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass".

11. PUBLIC HEARING: Consideration of 2003 Regulations for Red Drum.

12. PUBLIC HEARING: Consideration of proposed regulation to reduce effort in the American Shad Coastal Intercept Fishery.

13. PUBLIC HEARING: Consideration of proposed Regulation to open the Temple's Bay Hand Scrape area to oystering.

14. PUBLIC HEARING: Consideration of proposed Regulation to increase the weight limit on oyster dredges from 100 pounds to 150 pounds.

15. Report of the Hard Clam Aquaculture task force

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

2A. ARMY TRANSPORTATION CENTER, 02-0377, requests authorization to construct a 48-foot wide by 1,045-foot long three-lane highway bridge, for additional road access to Fort Eustis Military Reservation, a portion of which will impact 15,600 square feet of State-owned subaqueous lands of the Warwick River in the City of Newport News. Additionally, the applicant is requesting authorization to construct a 33-foot wide construction bridge, which will result in the temporary impacts of 10,735 square feet of State-owned subaqueous lands. The temporary bridge is to be removed and the area restored to pre-construction conditions upon completion of the permanent bridge.

2B. MARINE HYDRAULICS, INC., #02-0877, requests a modification to widen by 30 feet a previously authorized dredged mooring basin, resulting in a dredged area of 1,390 feet long and 450 feet wide. Proposed depths in the basin will remain the same as the originally approved depth of -39 feet below mean low water Staff recommends an additional royalty in the amount of $25,722.00 for additional dredging of 57,160 cubic yards of material at a rate of $0.45 per cubic yard.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE KATHY LEONARD (757-247-2120) 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.

DECEMBER 2002 COMMISSION ACTIONS

Agenda Items for the December 17, 2002 Commission meeting are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting. The Commission voted, 7-0, to approve the minutes.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 7-0, to approve the permits.

3. PORT MYERS, LLC, #02-1631. Commission review on appeal by 25 freeholders of the November 13, 2002, decision by the York County Wetlands Board to authorize a community pier over wetlands situated along Chisman Creek. The Commission voted, 7-0, to uphold the decision of the York County Wetlands Board.

4. BEACH DRIVE ASSOCIATION, #00-1823, requests after-the-fact authorization to retain previously constructed and unauthorized structures to include a 5-foot by 65-foot open-pile community pier with a 5-foot by 10-foot 7-inch L-head, and a 10-foot by 143.5-foot wood boat ramp, of which 45 feet extends channelward of mean low water within and adjacent to the Rappahannock River in Essex County. The Commission voted, 6-0, with Associate Member Birkett abstaining, to approve the after-the-fact permit with a $1,200 civil charge in lieu of further action and triple permit fees.

5. COURTLAND FARM-LOUDOUN LLC, #02-1387, requests authorization to install, by the directional bore method, a 4-inch diameter, encased sanitary sewer force main pipeline, a minimum of 15 feet beneath a 150-foot wide section of Goose Creek, approximately 4,000 feet downstream of the Route 15 bridge crossing in Loudoun County. Citizens of Loudoun County protest the project. The Commission voted, 7-0, to approve the permit.

6. RAMONA H. EDDINS, #02-1031, requests authorization to dredge an existing pool on an as-needed basis, by removing an estimated 25 cubic yards of State-owned submerged lands annually to maintain depths of minus seven (-7) feet below ordinary high water, adjacent to her property situated along the Conway River at the boundary of Green and Madison Counties. An adjacent property owner protests the project. The Commission voted, 7-0, to deny the permit.

7. EAST TENNESSEE NATURAL GAS, #01-2113, requests authorization to install a total of 29 gas pipeline crossings under 25 jurisdictional, State-owned subaqueous stream and river beds in five counties in southwestern Virginia associated with the proposed Patriot Project. The pipeline expansion and extension project will traverse Smyth, Wythe, Carroll, Patrick, and Henry Counties and is protested by numerous residents along the proposed route from Tennessee to North Carolina. Continued from the December 3, 2002 public hearing held in Patrick County. The Commission voted, 4-1, with two abstentions, to approve the permit with the nine staff conditions and an added requirement that the New River crossing be completed before the other 28 crossing under VMRC jurisdiction are begun.

8. STRIPED BASS: Adoption of 2003 Regulation 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," for the Coastal Area. The Commission voted, 4-3, to adopt the staff recommendation in a modified fashion that would allow for the quota to be distributed to approximately 27 watermen.

9. BLACK SEA BASS: Adoption of 2003 Regulation 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass". The Commission voted, 5-2, to approve the staff recommendation that would provide for the quota to be distributed to the top 42 vessels according to their landings history since mid-year 1997.

10. PUBLIC HEARING: Consideration of 2003 Regulations for Red Drum. The Commission voted, 6-0, to enact a regulation requiring a three fish possession limit for recreational and commercial fishing. The reduction is based on an Atlantic States Marine Fisheries Commission red drum management plan amendment.

11. PUBLIC HEARING: Consideration of proposed regulation to reduce effort in the American Shad Coastal Intercept Fishery. The Commission voted, 6-0, to reduce the effort in the fishery as required by the Atlantic States Marine Fisheries Commission.

12. PUBLIC HEARING: Consideration of proposed Regulation to open the Temple's Bay Hand Scrape area to oyster harvesting. The Commission voted, 4-0, to make permanent the emergency regulation adopted at its November meeting.

13. PUBLIC HEARING: Consideration of proposed Regulation to increase the weight limit on oyster dredges from 100 pounds to 150 pounds. The Commission voted, 4-0, to make permanent the emergency regulation adopted at its November meeting.

14. Report of the Hard Clam Aquaculture task force. Jack Travelstead, Chief, Fisheries Management Division, reported to the Commission on discussions at the task force meeting. No action was required.

15. PUBLIC COMMENTS: The Commission voted, 6-0, to give permits to five Maryland watermen to have clam dredges on their boats in Virginia waters "enroute" to Maryland harvest grounds.

DATE OF NEXT REGULAR MONTHLY COMMISSION MEETING: JANUARY 28, 2003