Commission Meeting, October 7, 2003

1. MINUTES of previous meeting.

** APPROVAL OF MINUTES.

2. PERMITS (Projects over $50,000 with noobjections and with staff recommendation for approval.)

3. CLOSED SESSION.

4. WICOMICO PINES HOMEOWNERS ASSOCIATION, #03-1481. Commission review on appeal by the Wicomico Pines Homeowners Association of the August 7, 2003, decision by the Northumberland County Wetlands Board to deny a permit to construct a 25-foot wide by 50-foot long gravel boat ramp adjacent to property situated along the Little Wicomico River in Northumberland County.

5. DANIEL R. NEWTON, #03-1389. Commission review of the July 24, 2003 decision of the Accomack County Wetlands Board to approve the filling of 6,000 square feet of vegetated wetlands along Chesconessex Creek in the Schooner Bay area of Accomack County.

6. VIRGINIA DEPARTMENT OF TRANSPORTATION, #02-0950, requests authorization to replace the existing bridges over Black Narrows and Chincoteague Channels with a single 5,819-foot long, low-level bridge and bascule span structure on a new alignment beginning at the western side of Black Narrows Channel and terminating at Maddox Boulevard on Chincoteague Island in Accomack County. The new bridge structure will include a 751-foot long connector road to Marsh Island. The proposed bridge alignment is protested by many residents of Chincoteague and Marsh Island.

7. RICHMOND METROPOLITAN AUTHORITY, #02-1025, requests authorization to relocate 383 linear feet of stream channel and extend an existing box culvert an additional 83 linear feet within Powhite Creek as part of a proposed widening of Powhite Parkway in the City of Richmond. The project is protested by two adjoining property owners.

8. PUBLIC COMMENTS

9. PUBLIC HEARING: proposed amendments to regulation 620 to establish trip limits and opening date for the fall season commercial flounder fishery.

10. PUBLIC HEARING: proposed amendments to Regulation 650 and 720 to establish the 2003/04 oyster harvest rules.

11. PUBLIC HEARING: proposed amendments to Regulation 950 to establish provisions for the 2004 commercial black sea bass fishery.

12. Discussion: the 2003/04 Spiny Dogfish fishery; request to lower quota and adjust trip limits. Request for public hearing.

13. Recommendations of the Recreational Fishing Advisory Board.

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

2A. VAUGHN & JACKSON, LLC, #03-0894, request authorization to construct a roadway crossing consisting of three (3) 38-foot long culverts, fill and paving over 40 linear feet of Back Creek in Roanoke County. Recommend a royalty in the amount of $760.00 for the encroachment over 1,520 square feet of State-owned subaqueous bottom at a rate of $0.50 per square foot.

2B. CYPRESS COVE VILLAS ASSOC., INC., #03-1578, requests authorization to install 1,100 linear feet of bulkhead aligned a maximum of two (2) feet channelward of the existing deteriorated bulkhead adjacent to their property situated along Lily Creek in the City of Portsmouth. Recommend a royalty of $2,200.00 for the filling of 2,200 square feet at a rate of $1.00 per square foot.

2C. RICHARD BARRY, III, #03-1577, requests authorization to construct approximately 700 linear feet of breakwater and sill stone structures; install marsh toe stabilization; and place up to 21,000 cubic yards of beach nourishment with appropriate dune vegetation plantings at and adjacent to his property situated along the James River in the City of Suffolk. Recommend a royalty of $1,050.00 for the beach nourishment encorachment over 21,000 square feet at a rate of $0.05 per square foot.

2D. SEA SEA AND COMPANY, ET AL, #01-0471, requests a modification to their previously issued permit to allow for the construction of 230 linear feet of open-pile marginal wharf from Mamie Davis Park to the channelward end of an existing rock jetty to provide four wet slips for transient boat dockage and a pedestrian boardwalk in Phase I of the Town of Occoquan's Riverfront Access Project.

2E. NAVY PUBLIC WORKS CENTER, #03-1658, requests authorization to construct 26 finger piers along Pier 7 to create wet slips for recreational use at their property situated within Little Creek Cove at Naval Amphibious Base, Little Creek in Virginia Beach.

2F. HAMPTON YACHT CLUB, #03-1602, requests authorization to dredge 2,700 cubic yards of maintenance material and 100 cubic yards of new material from a basin approximately 350-foot wide by 550-foot long and to maximum depths of minus eight (8) feet below mean low water, to install and backfill 344 linear feet of bulkhead aligned no more than two feet in front of an existing deteriorated bulkhead, and install four (4) six-foot wide main piers, a total of 52 small finger piers and seven (7) large finger piers adjacent to their property situated along the Hampton River in Hampton. All dredged material will be transported to and placed within the Craney Island disposal facility. Recommend royalties of $45.00 for new dredging at a rate of $0.45 per cubic yard, $1,376.00 for the fill of 688 square feet of State-owned submerged lands at a rate of $2.00 per square foot, and an annual royalty $746.95 for the encroachment over 14,939 square feet of state-owned submerged lands at a rate of $0.05 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.

SEPTEMBER 2003 COMMISSION ACTIONS

Agenda Items for the delayed September Commission meeting (held October 7, 2003) are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting. The Commission voted, 6-0, to approve the minutes as circulated.

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

3. CLOSED SESSION. No session was held.

4. WICOMICO PINES HOMEOWNERS ASSOCIATION, #03-1481. Commission review on appeal by the Iconic Pines Homeowners Association of the August 7, 2003, decision by the Northumberland County Wetlands Board to deny a permit to construct a 25-foot wide by 50-foot long gravel boat ramp adjacent to property situated along the Little Iconic River in Northumberland County. The Commission voted, 7-0, to uphold the decision of the Northumberland County Wetlands Board to deny the permit.

5. DANIEL R. NEWTON, #03-1389. Commission will review the July 24, 2003 decision of the McCormack County Wetlands Board that approved the filling of 6,000 square feet of vegetated wetlands along Chersonese Creek in the Schooner Bay area of McCormack County. The Commission voted, 7-0, to defer this case until its October 28th meeting.

6. VIRGINIA DEPARTMENT OF TRANSPORTATION, #02-0950, requests authorization to replace the existing bridges over Black Narrows and Chincoteague Channels with a single 5,819-foot long, low-level bridge and bascule span structure on a new alignment beginning at the western side of Black Narrows Channel and terminating at Maddox Boulevard on Chincoteague Island in Accomack County. The new bridge structure will include a 751-foot long connector road to Marsh Island. Many residents of Chincoteague and Marsh Island protest the proposed bridge alignment. The Commission voted, 5-2 to grant the permit.

7. RICHMOND METROPOLITAN AUTHORITY, #02-1025, requests authorization to relocate 383 linear feet of stream channel and extend an existing box culvert an additional 83 linear feet within Powhite Creek as part of a proposed widening of Powhite Parkway in the City of Richmond. Two adjoining property owners protest the project. The Commission voted, 7-0, to approve the permit.

8. PUBLIC COMMENTS: Captain Bob Jensen of the Rappahannock Preservation Society asked the Commission to support a planned legislative amendment regarding the use of Baylor Ground. It was suggested to him that he come back to the Commission when he had the proposed legislation drafted.

8A. HURRICANE ISABEL: A proposed resolution was presented to the Commission by Robert Grabb, Chief, Habitat Management Division, regarding the process of helping property owners under restoration of water structures damaged by the recent hurricane. The Commission voted, 7-0, to approve the following resolution:

"In an effort to address the impacts attributable to Hurricane Isabel on the healthy, safety and general welfare of the citizens of the Commonwealth, and in an attempt to expedite the return of impacted areas and structures to pre-event conditions insofar as is possible, the Virginia Marine Resources Commission hereby resolves that no permit for encroachments over State-owned submerged lands shall be required to replace previously permitted structures that conform with the following criteria:

1) The pre-existing structure must have been previously authorized and in a serviceable condition prior to the onset of the hurricane.

2) The replacement structure must be reconstructed in the same location and in identical or smaller dimensions as the previously permitted structure.

3) Reconstruction activities must be initiated prior to December 31, 2003, and completed prior to June 30, 2004.

4) Authorization to proceed will be contingent upon receipt of a letter from the property owner(s) attesting to the foregoing and containing suitable drawings of the proposed replacement structure(s) for comparison purposes.

5) This expedited authorization is not intended to supercede, or cover the actions of any entity; private, local, State or Federal, not authorized by Executive Order 56 or any subsequent Executive Order."

9. PUBLIC HEARING: proposed amendments to regulation 620 to establish trip limits and opening date for the fall season commercial flounder fishery. The Commission voted, 7-0, to begin the fishery earlier (last Monday in October) and to increase the possession from 7,500 to 10,000 pounds during sequential 10-day landing periods.

10. Public Hearing: proposed amendments to Regulation 650 and 720 to establish the 2003/04 oyster harvest rules. The Commission voted, 7-0, to approve the amendments to Regulation 720 regarding the 2003/04 oyster harvest rules, including the adding of one month to the season (now to run Dec. 1 through Feb. 28) and allowing harvesters to leave the dock one hour before sunrise, but still maintaining the sunrise provision to begin harvesting. The Commission deferred any action on Regulation 650 until its October 28th meeting.

11. Public Hearing: proposed amendments to Regulation 950 to establish provisions for the 2004 commercial black sea bass fishery. The Commission held a public hearing on the proposed amendments, but deferred any action on Regulation 950 until its October 28th meeting.

12. Discussion: the 2003/04 Spiny Dogfish fishery; request to lower quota and adjust trip limits. Request for public hearing. The Commission voted, 6-0, to set a public hearing for its October 28th meeting.

13. Recommendation of the Recreational Fishing Advisory Board. The Commission voted, 5-0, to approve the RFAB recommendations.

NEXT MEETING: October 28, 2003