Commission Meeting, May 27, 2003

1. MINUTES of previous meeting.

** APPROVAL OF MINUTES.

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

3. EXECUTIVE SESSION.

4. REGATTA POINT YACHT CLUB, #02-2375, requests authorization to dredge 15,760 cubic yards of subaqueous bottom material to a depth of minus seven (-7) feet at mean low water and to maintenance dredge 4,000 cubic yards subaqueous material, construct approximately 175 linear feet of riprap marsh toe sill, 723 linear feet of open-pile pier and 435 linear feet of floating pier and wave screen with finger piers and mooring piles to create 51 new open wetslips, a 176-foot long boathouse to create 9 new covered slips, a 90-foot by 70-foot addition to an existing boathouse to cover four (4) existing slips, install two mooring piles adjacent to an existing pier and boathouse, and construct a 2,074 square foot fuel service pier at their marina situated along Broad Creek in Middlesex County. The project is protested by several nearby property owners.

5. GREENVALE CREEK MARINA, #02-2377, requests authorization to construct 327 linear feet of vinyl replacement bulkhead, extend an existing pier, replace a second existing pier, and replace six (6) wet slips to improve docking and provide fueling and sewage pump out services at their facility along Greenvale Creek in Lancaster County. The project is protested by several area residents.

6. JACK T. STILLMAN, #02-1978, requests authorization to construct a 20' x 40' enclosed boathouse on floats adjacent to an existing private, non-commercial, open-pile pier at his property situated along Woodas Creek in Mathews County. The project is protested by a nearby property owner.

7. ESTON COSBY, #02-1773, requests authorization to construct an 18-foot by 26-foot open-sided boathouse at the channelward end of a 130-foot long private pier and to construct a 30-foot long riprap groin and extend a second riprap groin 10 feet to a total length of 40 feet adjacent to his property situated along Mill Creek and the Rappahannock River in Middlesex County. The project is protested by an adjoining property owner.

8. THOMAS KELLAM, #02-2349, requests authorization to install a free-standing piling for an osprey roost 200 feet channelward of mean high water, adjacent to his property situated along the Rappahannock River in Richmond County. The project is protested by an adjacent property owner.

9. UPSHUR J. TAYLOR, #03-0157, requests authorization to relocate an existing drainage ditch and install an 80-foot long drainage pipe on his property along Pocomoke Sound in the Town of Saxis, Accomack County. A Coastal Primary Sand Dunes / Beach permit is required.

10. BARNEY McLAUGHLIN, #03-0194, requests authorization to place up to 100 linear feet of riprap revetment within the intertidal area of his property situated along Wathall Channel of the Appomattox River in Chesterfield County. A tidal wetlands permit is required.

11. PUBLIC COMMENT

12. Request for public hearing to establish new regulations for the haul seine fishery in response to HB2239 which modified the definition of a haul seine.

13. Request for public hearing to amend Regulation 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass", to modify the directed fishery and bycatch fishery harvest quotas.

14. Request for public hearing to amend Regulation 4VAC20-910-10 et seq., "Pertaining to Scup", to modify the summer period harvest quota.

15. PUBLIC HEARING: Consideration of proposed amendments to Regulation
4VAC20-490-10 et seq. Pertaining to Sharks" to establish new rules for spiny dogfish.

16. Recommendations of the Recreational Fishing Advisory Board and Commercial
Fishing Advisory Board.

17. Discussion: Federal Blue Crab Fishery Disaster Relief Funds, potential uses

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

2A. CITY OF SUFFOLK, #00-0893, requests authorization to modify their existing permit for authorization to construct approximately 960 linear feet of steel sheetpile bulkhead up to two (2) feet channelward of a previously permitted and failing concrete bulkhead at the applicants' Constants Wharf property situated along the Nansemond River. Approval subject to expiration of public comment period.

2B. JAMES CITY SERVICE AUTHORITY, #03-0391, requests authorization to construction related impacts associated with the proposed James City County Service Authority groundwater treatment facility to include the installation, by directional drill method, of a 12-inch pipeline a distance of 520 linear feet beneath Powhatan Creek, and the placement of a discharge outfall pipe extending up to 243 linear feet into the James River in James City County.

2C. RICHMOND DEPARTMENT OF PUBLIC UTILITIES, #02-1288, requests authorization to modify their existing permit, which authorizes the installation of a 36-inch water transmission main a distance of 857 linear feet, to include construction of a temporary causeway, within the James River, which allowed instream work from July through November. The applicant is seeking to modify the instream work condition to allow work from July through January.

2D. NORTHWEST BRANCH OF TANNERS CREEK, LLC, #02-0089, requests a modification to an existing permit to allow the dredging of an additional 934 cubic yards of subaqueous material in three (3) ancillary channels to provide depths of minus four
(-4) feet at mean low water in the Northwest Branch of Tanners Creek in Norfolk. The material will be disposed of at Craney island. Recommend approval with all terms and conditions of the previous permit to remain in effect and an additional royalty in the amount of $420.30 for the new dredging at a rate of $0.45 per cubic yard.

2E. CITY OF VIRGINIA BEACH, #96-0083, requests authorization to modify their exiting dredge permit to include the use of mechanical dredging along with the previous authorization to annually dredge, by hydraulic method, up to 4,000 cubic yards of subaqueous bottom material to maintain maximum 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.

2F. CITY OF VIRGINIA BEACH, #00-0057, requests reactivation and a five-year extension of their permit to maintenance dredge approximately 20,000 cubic yards of subaqueous material on an as-needed basis annually from the Long Creek Municipal Channel to restore maximum project depths of minus eight (-8) feet at mean low water.

2G. CAROL ANNE PROPERTIES, #02-0536, requests authorization to hydraulically dredge approximately 16,121 cubic yards of State-owned subaqueous bottom material, of which 13,397 is new dredging, to provide navigable channels and boat basins possessing maximum project depths of minus five (-5) feet at mean low water with a six-inch overdredge tolerance to facilitate navigational access to the Lynnhaven River in Virginia Beach. Recommend approval with our standard dredge conditions, an allowable annual maintenance dredging provision of 5,000 cubic yards, a March 1 through September 30 time-of-year dredge restriction to protect shellfish spawning periods and juvenile summer flounder recruitment and a royalty in the amount of $6,028.65 for the dredging of approximately 13,397 cubic yards of new material at a rate of $0.45 per cubic yard. Additionally, the applicant has agreed to remove all oyster shell from the spoil material and shell 5,225 square feet of intertidal bottom to a depth of 12 inches (minimum 3,000 Virginia bushels).

2H. ARMY CORPS OF ENGINEERS, #95-0645, requests reactivation and an extension until December 17, 2006, of a previously issued permit to hydraulically place up to 40,000 cubic yards of dredged material from the maintenance of the Parkers Creek Federal Project Channel, in a previously used overboard site along the Oceanside of Metompkin Island in Accomack County. No dredge material will be placed in the surf zone between April 1 and September 1 to avoid impacts to sensitive bird species in the area during this period.

2I. FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS AND ENVIRONMENTAL SERVICES, #02-2187, requests authorization to install, in four locations, by the open cut method, a 60-inch diameter sanitary sewer trunk line a minimum of two and a half (21/2) feet beneath four sections of Pohick Creek, totalling approximately 200 linear feet, The trunk line is proposed to parallel the existing 60-inch diameter Pohick Trunk Line in Fairfax County.

2J. COUNTY OF GOOCHLAND, #03-0177, requests authorization to construct a 40-foot submerged utility crossing to install a 24-inch diameter waterline by directional drill method beneath Tuckahoe Creek in Goochland County.

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.

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.

MAY 2003 COMMISSION ACTIONS

Agenda Items for the May 27, 2003 Commission meeting are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting. The minutes are not yet available.

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. EXECUTIVE SESSION. The Commission went into executive session to discuss legal matters pertaining to the King William Reservoir permit.

4. REGATTA POINT YACHT CLUB, #02-2375, requests authorization to dredge 15,760 cubic yards of subaqueous bottom material to a depth of minus seven (-7) feet at mean low water and to maintenance dredge 4,000 cubic yards subaqueous material, construct approximately 175 linear feet of riprap marsh toe sill, 723 linear feet of open-pile pier and 435 linear feet of floating pier and wave screen with finger piers and mooring piles to create 51 new open wetslips, a 176-foot long boathouse to create 9 new covered slips, a 90-foot by 70-foot addition to an existing boathouse to cover four (4) existing slips, install two mooring piles adjacent to an existing pier and boathouse, and construct a 2,074 square foot fuel service pier at their marina situated along Broad Creek in Middlesex County. Several nearby property owners protest the project. The Commission voted, 7-0, with Associate Member Garrison abstaining, to approve the permit with staff recommendations.

5. GREENVALE CREEK MARINA, #02-2377, requests authorization to construct 327 linear feet of vinyl replacement bulkhead, extend an existing pier, replace a second existing pier, and replace six (6) wet slips to improve docking and provide fueling and sewage pump out services at their facility along Greenvale Creek in Lancaster County. Several area residents protest the project. The Commission voted, 7-0, with Associate Member Cowart abstaining, to approve the permit with staff recommendations.

6. JACK T. STILLMAN, #02-1978, requests authorization to construct a 20' x 40' enclosed boathouse on floats adjacent to an existing private, non-commercial, open-pile pier at his property situated along Woodas Creek in Mathews County. A nearby property owner protests the project. The Commission voted, 5-4, to approve the permit with staff recommendations.

7. ESTON COSBY, #02-1773, requests authorization to construct an 18-foot by 26-foot open-sided boathouse at the channelward end of a 130-foot long private pier and to construct a 30-foot long riprap groin and extend a second riprap groin 10 feet to a total length of 40 feet adjacent to his property situated along Mill Creek and the Rappahannock River in Middlesex County. An adjoining property owner protests the project. The item was pulled from the agenda and will be heard at the Commission's June 24th meeting.

8. THOMAS KELLAM, #02-2349, requests authorization to install a freestanding piling for an osprey roost 200 feet channelward of mean high water, adjacent to his property situated along the Rappahannock River in Richmond County. An adjacent property owner protests the project. The Commission voted, 7-0, to deny the permit.

9. UPSHUR J. TAYLOR, #03-0157, requests authorization to relocate an existing drainage ditch and install an 80-foot long drainage pipe on his property along Pocomoke Sound in the Town of Saxis, Accomack County. A Coastal Primary Sand Dunes / Beach permit is required. The Commission, acting as the Accomack County primary sand dune board, voted, 7-0, to approve the permit with staff recommendations.

10. BARNEY McLAUGHLIN, #03-0194, requests authorization to place up to 100 linear feet of riprap revetment within the intertidal area of his property situated along Wathall Channel of the Appomattox River in Chesterfield County. A tidal wetlands permit is required. The Commission, acting as the Chesterfield County wetlands board, voted, 7-0, to approve the permit with staff recommendations.

11. PUBLIC COMMENT: Newport News Mayor Joe Frank, with several attorneys representing the city, appeared before the Commission and asked the Commission to reconsider its May 14th vote to deny the permit for the intake mechanisms and related pipeline for the King William Reservoir. The reconsideration would have allowed the city an opportunity, Mayor Frank said, to present some clarification information that he believed might be helpful to some Commission members who had expressed some interest in such information following the meeting and denial decision. However, no Commission member voiced any motion for reconsideration at any time when asked three times if there was any action to be taken.

12. Request for public hearing to establish new regulations for the haul seine fishery in response to HB2239, which modified the definition of a haul seine. The Commission voted, 8-0 to set a public hearing for June 24th.

13. Request for public hearing to amend Regulation 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass", to modify the directed fishery and bycatch fishery harvest quotas. The Commission voted, 8-0 to set a public hearing for June 24th.

14. Request for public hearing to amend Regulation 4VAC20-910-10 et seq., "Pertaining to Scup", to modify the summer period harvest quota. The Commission voted, 8-0 to set a public hearing for June 24th.

15. PUBLIC HEARING: Consideration of proposed amendments to Regulation 4VAC20-490-10 et seq. Pertaining to Sharks" to establish new rules for spiny dogfish. The Commission voted, 8-0 to set a public hearing for June 24th.

16. Recommendations of the Recreational Fishing Advisory Board and Commercial Fishing Advisory Board. The Commission voted, 7-0 with Dr. Jones abstaining because some projects involved laboratories at Old Dominion University, to approve about 20 projects recommended by the boards.

17. Discussion: Federal Blue Crab Fishery Disaster Relief Funds, potential uses: The Federal Government has determined funds are available for Virginia. The Commissioner and Secretary of Natural Resources will determine which routes to take to utilize the funding. The Commissioner asked suggestions from Commission members and members of the public who attended the meeting.

NEXT MEETING: June 24, 2003