Commission Meeting, March 25, 2003

1. MINUTES of previous meeting and December 3, 2002 Special Meeting.

** APPROVAL OF AGENDA.

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

3. EXECUTIVE SESSION.

4. HUGH DELAUNEY. Commission review on appeal of the Norfolk Wetlands Board's February 12, 2003, restoration order pertaining to a coastal primary sand dune situated along the Chesapeake Bay in the East Ocean View section of Norfolk.

5. DOMINION POWER, #02-2003, requests authorization to install, adjacent to an existing cable, by embedding plow, 9,700 feet of electric cable, a minimum of four (4) feet beneath the existing bottom of the Rappahannock River between a point near the mouth of Piscataway Creek at Island Farm in Essex County to a point at the mount of Little Carter Creek in Richmond County. The project is protested by, an adjoining property owner.

6. JOHN A. MUNICK, JR., #02-0417, requests authorization to construct a 10-foot by 30-foot stone breakwater 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. EDDY PIZANNI, #02-2369, requests authorization to construct a 30-foot by 15-foot open-sided boathouse adjacent to his existing private pier situated along Goose Creek in York County. The project is protested by an adjoining property owner.

8. TIDEWATER QUARRIES, #02-2295, requests after-the-fact authorization to retain an unauthorized and previously constructed 16-foot by 16-foot winch deck with a shed at their Sandy Point sand and gravel loading facility at Riverside Farm, Inc., within the James River in Charles City County. The project is protested by an adjoining property owner.

9. WILLIAM PAYNE, #02-1838, requests after-the-fact authorization to retain
a 48-foot long bulkhead installed two (2) feet channelward of a deteriorated bulkhead, situated along Chincoteague Channel, adjacent to his property at 3565 Main Street in the Town of Chincoteague, Accomack County.

10. Adoption of Emergency Regulations 4 VAC 20-1050-10 and 4 VAC 20-1060-10 and Request for Public Hearings to establish permanent regulations establishing a restricted area in proximity to the Dominion Power Surry Nuclear Power Station and the Northrup Grumman/Newport News Shipbuilding Company.

11. PUBLIC COMMENT

12. Spiny Dogfish: Request for public hearing for consideration of amendments to Regulation 4 VAC 20-490-10 et seq. to implement provisions of the Interstate Fishery Management Plan.

13. Consideration of requests for exceptions for black drum fishing permits.

14. Consideration of a clam harvest season extension.

15. Review of the Chincoteague Bay Submerged Aquatic Vegetation (SAV) Sanctuary.

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.

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 one-time extension of their current time-of-year dredging restriction to allow for maintenance dredging of the Lynnhaven Boat Ramp and Beach Facility municipal channel between April 1 and July 1, 2003. The current permit precludes dredging during the period of March 1 through September 30 to protect shellfish spawning periods and juvenile summer flounder recruitment.

2B. DEPARTMENT OF THE NAVY, #02-2441, requests authorization to construct a 32-foot by 90-foot crane hard point and fender pile system, install 8 dolphins and install approximately 620 linear feet of 8" articulated block mat to facilitate repairs to an existing lift slip and Pier 55 at NAVPHIBASE Little Creek in Virginia Beach.

2C. NORFOLK SHIPBUILDING AND DRYDOCK CORPORATION, #03-0411, requests a permit to install a service spud and enlarge an existing ramp stop to accommodate the Old Dominion, a new 122' by 555' floating dry-dock at their facility situated along the Southern Branch of the Elizabeth River in Norfolk. Recommend approval with a one-time permit fee of $5,000.00 in lieu of the assessment of encroachment royalties pursuant to Section 28.2-1206.B of the Code of Virginia.

2D. GIANT YORKTOWN, INC., #02-2389, requests authorization to dredge 76,000 cubic yards of subaqueous material to a depth of minus forty (-40) feet at mean low water adjacent to their oil unloading pier facility situated along the York River in York County. The dredged material will be pumped directly to an approved upland disposal area. Recommend a dredging royalty in the amount of $34,200 for the dredging of 76,000 cubic yards of State-owned subaqueous material at a rate of $0.45 per cubic yard.

2E. COUNTY OF YORK, #02-0220, requests authorization to construct six (6) riprap breakwaters with 24,000 cubic yards of associated beach nourishment and wetlands vegetation plantings, a 125-foot by 15-foot concrete boat ramp for emergency personnel, two solid fill crib piers connecting to concrete floating piers for use by transient and commercial vessels, six (6) storm water outfalls and 1,428 linear feet of riprap revetment adjacent to the Yorktown waterfront along the York River in York County.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE CALL (757) 247-2200 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.

MARCH 2003 COMMISSION ACTIONS

Agenda Items for the March 25, 2003 Commission meeting are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting and December 3, 2002 Special Meeting. The Commission approved the February minutes by a 7-0 vote and the December special meeting by an 8-0 vote.

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

3. EXECUTIVE SESSION. No session was held.

4. HUGH DELAUNEY. Commission review on appeal of the Norfolk Wetlands Board's February 12, 2003, restoration order pertaining to a coastal primary sand dune situated along the Chesapeake Bay in the East Ocean View section of Norfolk. The Commission voted, 5-4, to uphold the Norfolk Wetlands Board.

5. DOMINION POWER, #02-2003, requests authorization to install, adjacent to an existing cable, by embedding plow, 9,700 feet of electric cable, a minimum of four (4) feet beneath the existing bottom of the Rappahannock River between a point near the mouth of Piscataway Creek at Island Farm in Essex County to a point at the mount of Little Carter Creek in Richmond County. The project is protested by, an adjoining property owner. The Commission voted, 5-3, to approve the project.

6. JOHN A. MUNICK, JR., #02-0417, requests authorization to construct a 10-foot by 30-foot stone breakwater 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, 5-0, to approve the permit.

7. EDDY PIZANNI, #02-2369, requests authorization to construct a 30-foot by 15-foot open-sided boathouse adjacent to his existing private pier situated along Goose Creek in York County. An adjoining property owner protests the project. The Commission voted, 8-0, to approve the project with a lower roof.

8. TIDEWATER QUARRIES, #02-2295, requests after-the-fact authorization to retain an unauthorized and previously constructed 16-foot by 16-foot winch deck with a shed at their Sandy Point sand and gravel loading facility at Riverside Farm, Inc., within the James River in Charles City County. An adjoining property owner protests the project. The Commission voted, 6-0, to approve the after-the-fact permit.

9. WILLIAM PAYNE, #02-1838, requests after-the-fact authorization to retain a 48-foot long bulkhead installed two (2) feet channelward of a deteriorated bulkhead, situated along Chincoteague Channel, adjacent to his property at 3565 Main Street in the Town of Chincoteague, Accomack County. The Commission voted, 6-0, to approve the after-the-fact permit with a civil charge of $1,200 in lieu of other enforcement actions.

9A. Del. Harvey B. Morgan (98th District) of Gloucester asked the Commission to hold a second public hearing on the King William Reservoir in King William County. The Commission voted 6-0 not to hold an additional meeting. The scheduled public hearing on an element of the King William Reservoir will be held April 22, beginning at 2:00 p.m. at the Warwick High School auditorium in Newport News.

10. Adoption of Emergency Regulation 4 VAC 20-1050-10 and 4 VAC 20-1060-10, and Request for a public hearings to establish permanent regulations setting a state restricted area in the proximity to the Dominion Power Surry Nuclear Power Station and the Northrup Grumman/Newport News Shipbuilding Co. The Commission voted, 7-0, to approve the emergency regulations. Under the newly signed state law, a regular public hearing is not required and will not be held.

11. PUBLIC COMMENT: Bob Jenson of Lancaster County told the Commission that a new program, "Virginia Presents...2007" would be launched in the near future. No details of the program were presented. Two watermen appeared: one asked that his indefinite license revocation be ended now after 18 months and another was a repeat offender. The waterman was given his license back and the repeat offender was given 12-months probation.

12. Spiny Dogfish: Request for public hearing for consideration of amendments to Regulation 4 VAC 20-490-10 et seq. to implement provisions of the Interstate Fishery Management Plan. The Commission voted, 7-0, to set a public hearing for May 27.

13. Consideration of requests for exceptions for black drum fishing permits. One waterman was granted an exception to gain entry into the limited-entry fishing since another waterman was leaving.

14. Consideration of a clam harvest season extension. The Commission voted, 7-0, for an emergency regulation to extend the clam harvest season in an area of the James River. The extension will be for 13 days, beginning March 26 through April 11, working Monday through Fridays only.

15. Review of the Chincoteague Bay Submerged Aquatic Vegetation (SAV) Sanctuary. Dr. Bob Orth of the Virginia Institute of Marine Science presented an update to the Commission.

NEXT MEETING: April 22, 2003