Commission Meeting, June 24, 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. Amendment of Security Zone Regulation in the area of the Surry Nuclear Power Plant to include the discharge canal.

5. REPEAT OFFENDER

6. MATHEWS COUNTY, #02-2188, requests authorization to install one (1) 280' armor stone breakwater located 100 feet channelward of mean low water, one (1) 100' armor stone breakwater located at mean low water and place up to 4,300 cubic yards of beach fill material as part of the restoration of Festival Beach at the end of Route 643 along the Chesapeake Bay in Mathews County. The project is protested by both adjacent property owners.

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. BLUEWATER POINT HOMEOWNERS ASSOC., INC., #02-2333, requests after-the-fact authorization to retain two (2) uncovered boat lifts and three (3) finger piers and additional authorization to modify seven (7) other finger piers and install seven (7) additional uncovered boat lifts at an existing community pier within an unnamed cove off of Indian Creek in Lancaster County.

9. ARMY CORPS OF ENGINEERS, #03-0415, requests authorization to hydraulically place up to 90,000 cubic yards of dredged material, per dredge cycle, from the Burtons Bay Federal Navigation Channel in Accomack County on three previously used 23-acre sites in Burtons Bay involving State-owned wetlands and submerged lands. Wetlands and Subaqueous permits are required.

10. RAPPAHANNOCK PRESERVATION SOCIETY, #93-1526, requests a final extension of their permit to place suitably-sized concrete rubble material and pre-fabricated reef modules at two previously authorized oyster reefs, known as Christ Church Rock in Middlesex County and Steamer Rock in Lancaster County, in the lower Rappahannock River. Recommend approval with an expiration date of June 6, 2004, which extends the permit to the maximum ten-year period allowable. All terms and conditions of the previous permit, as extended and modified, remain in effect.

11. PUBLIC COMMENTS

12. Public Hearing: Request to establish Regulation 4 VAC 20-1070-10 Et Seq., to provide management requirements for the haul seine fishery, in response to HB2239 which modified the definition of a haul seine.

13. Public Hearing: Requested amendment of Regulation 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass", to modify the directed fishery and bycatch fishery harvest quotas.

14. Public Hearing: Request to amend Regulation 4VAC20-910-10 et seq., "Pertaining to Scup", to modify the summer period harvest quota.

15. Further Consideration of proposed amendments to Regulation 4VAC20-490-10 et seq. Pertaining to Sharks" to establish new rules for spiny dogfish. A Public Hearing was held in May 2003.

16. Request for Emergency amendment to Regulation 4 VAC20-752-10 Et Seq., to replace an inaccurate longitudinal coordinate associated with the Virginia Blue Crab Sanctuary boundary line.

17. Harry Doernte: Request for amendments to the black sea bass regulation.

18. Recommendations of the Recreational Fishing Advisory Board.

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

2A. CITY OF POQUOSON, #01-1471, requests a modification to their previously issued permit to allow the substitution of two (2) 60-foot long by 30-foot wide concrete boat ramps with a 5-foot wide riprap toe in place of three (3) 35-foot long by 16-foot wide concrete boat ramps and to add a 60-foot long floating dock to the end of the tending piers adjacent to their property situated at Messick Point along Front Cove in Poquoson.

2B. ARMY CORPS OF ENGINEERS, #03-0595, requests authorization to hydraulically place approximately 25,000 cubic yards of dredged material, per dredge cycle, from the maintenance of the Chincoteague Inner Channel, (a section of the Chincoteague Inlet, Federal Navigation Project) on a previously used overboard site situated northwest of Lewis Creek in Chincoteague Bay in the Town of Chincoteague in Accomack County.

2C. CITY OF NEWPORT NEWS, #03-0449, requests authorization to maintenance dredge, by either hydraulic or mechanical method, the Leeward Marina entrance channel and marina basin to depths of -8.3 feet mean low water and -7.9 feet mean low water respectively for a total dredge amount of 21,000 cubic yards of subaqueous bottomland at the applicants marina facility situated along the James River in the City of Newport News. All dredged material will be placed in the Craney Island Dredged Material Management Area.

2D. PRINCE WILLIAM COUNTY, #02-2145, requests authorization to install, by the jack and bore method, a 36-inch diameter steel casing to carry a sanitary sewer transmission line, a 30-inch diameter steel casing to carry a water transmission line, and a 4-inch diameter conduit to contain a telephone line, all to be a minimum three (3) feet beneath a 30-foot wide section of Powells Creek. The applicant also proposes to relocate approximately 400 linear feet of Powells Creek, at the Spriggs Road crossing immediately north of Route 234. The entire project is part of the widening of Spriggs Road in Prince William County.

2E. THOMPSON'S INC. OF DANVILLE, VA, #03-0259, requests authorization to dredge up to 54,000 cubic yards of sand per year from a 900-foot long by 100-foot wide area of the Dan River to maximum depths of eight (8) feet below ordinary high water at a site located upstream of the US Route 58 bridge in Halifax County. Recommend a royalty of $0.40 per cubic yard for the amount of material dredged, or up to $21,600.00 per year.

2F. COUNTY OF GOOCHLAND, #03-0380, requests authorization to install a 30-foot long submerged utility crossing and install a 30-inch diameter concrete encased gravity sewer line through a portion of Tuckahoe Creek. Recommend the incorporation of the Commission's standard instream conditions.

2G. WEANACK LAND LIMITED PARTNERSHIP, #03-0027, requests authorization to modify a previously issued permit authorizing the dredging of 25,000 cubic yards of State-owned subaqueous bottomland from an additional 50-foot by 1,300-foot area adjacent to an existing dredged channel adjacent to the applicants property situated along the James River in Charles City County. Recommend a royalty of $11,250.00 at a rate of $0.45 per cubic yard.

2H. CARILION HEALTH SYSTEMS, #03-0327, requests authorization to construct a 100-foot long by 15-foot wide pedestrian bridge over the Roanoke River in the City of Roanoke. Staff recommends a royalty of $1,500.00 for encroachment over 1,500 square feet of State-owned submerged lands at $1.00 per square foot.

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.

JUNE 2003 COMMISSION ACTIONS

The following are the agenda items from the Commission's regular June meeting yesterday at Commission headquarters. The Commission's action is in bold.

1. MINUTES of previous meeting. The Commission voted, 8-0, to approve the minutes as prepared.

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

3 Amendment of Security Zone Regulation in the area of the Surry Nuclear Power Plant to include the discharge canal. The Commission voted, 8-0, to include a second security zone related to the Surry Nuclear Power Plant.

4. REPEAT OFFENDER: The Commission heard the case of one waterman and recommended a one-year probation for his three offenses in one-year period.

5. EXECUTIVE SESSION. The Commission voted, 8-0, to go into a return from an executive session to hear from legal counsel regarding a request from the City of Newport News for a "formal hearing" on its permit request related to the King William Reservoir project. The Commission also heard from its legal counsel regarding agenda item No. 17.

6. MATHEWS COUNTY, #02-2188, requests authorization to install one (1) 280' armor stone breakwater located 100 feet channelward of mean low water, one (1) 100' armor stone breakwater located at mean low water and place up to 4,300 cubic yards of beach fill material as part of the restoration of Festival Beach at the end of Route 643 along the Chesapeake Bay in Mathews County. Both adjacent property owners protest the project. The Commission voted, 8-0, 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. The project is protested by an adjoining property owner. The Commission voted, 8-0, to approve the permit with staff recommendations.

8. BLUEWATER POINT HOMEOWNERS ASSOC., INC., #02-2333, requests after-the-fact authorization to retain two (2) uncovered boatlifts and three (3) finger piers and additional authorization to modify seven (7) other finger piers and install seven (7) additional uncovered boatlifts at an existing community pier within an unnamed cove off of Indian Creek in Lancaster County. The Commission voted, 7-0, to approve the after-the-fact permit with staff recommendations.

9. ARMY CORPS OF ENGINEERS, #03-0415, requests authorization to hydraulically place up to 90,000 cubic yards of dredged material, per dredge cycle, from the Burtons Bay Federal Navigation Channel in Accomack County on three previously used 23-acre sites in Burtons Bay involving State-owned wetlands and submerged lands. Wetlands and subaqueous permits are required. The Commission voted, 7-0, to approve the permit. The Commission voted, 8-0, to approve the permit with staff recommendations.

10. RAPPAHANNOCK PRESERVATION SOCIETY, #93-1526, requests a final extension of their permit to place suitably-sized concrete rubble material and pre-fabricated reef modules at two previously authorized oyster reefs, known as Christ Church Rock in Middlesex County and Steamer Rock in Lancaster County, in the lower Rappahannock River. Recommend approval with an expiration date of June 6, 2004, which extends the permit to the maximum ten-year period allowable. All terms and conditions of the previous permit, as extended and modified, remain in effect. The Commission voted, 8-0, to approve the permit extension until June 6, 2004.

11. PUBLIC COMMENTS: The Commission voted, 5-3, to deny the request of the City of Newport News to hold a "formal" hearing on its application for a permit regarding the King William Reservoir.

12. Public Hearing: Request to establish Regulation 4 VAC 20-1070-10 Et Seq., to provide management requirements for the haul seine fishery, in response to HB2239 that modified the definition of a haul seine. After the conclusion of a lengthy public hearing, the Commission decided to table any decision until its July 22nd meeting.

13. Public Hearing: Requested amendment of Regulation 4VAC20-950-10 et seq., "Pertaining to Black Sea Bass", to modify the directed fishery and by-catch fishery harvest quotas. The Commission voted, 4-0, to approve the regulation per staff recommendation. (The Commissioner was present but not voting.)

14. Public Hearing: Request to amend Regulation 4VAC20-910-10 et seq., "Pertaining to Scup", to modify the summer period harvest quota. The Commission voted, 4-0, to approve the regulation per staff recommendation. (The Commissioner was present but not voting.)

15. Further Consideration of proposed amendments to Regulation 4VAC20-490-10 et seq. Pertaining to Sharks" to establish new rules for spiny dogfish. A Public Hearing was held in May 2003. The Commission voted, 4-0, to approve the regulation per staff recommendation. (The Commissioner was present but not voting.)

16. Request for Emergency amendment to Regulation 4 VAC20-752-10 Et Seq., to replace an inaccurate longitudinal coordinate associated with the Virginia Blue Crab Sanctuary boundary line. The Commission voted, 4-0, with Associate Members Cowart and Williams abstaining, for the emergency regulation. A formal public hearing will be held at the Commission's July 22nd meeting.

17. Harry Doernte: Request for amendments to the black sea bass regulation. The Commission heard the request and decided to forward the matter to the Finfish Management Advisory Committee for a report at the Commission's July or August meeting.

18. Recommendations of the Recreational Fishing Advisory Board. The Commission voted, 6-0,to approve the Board's recommendations.

NEXT MEETING: July 22, 2003