Commission Meeting, July 27, 2004

1. MINUTES of previous meeting.

** APPROVAL OF AGENDA.

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

3. CLOSED SESSION.

4. BAY CREEK MARINA & RESORT, LLC, #03-2501. Commission review of the June 2, 2004, decision of the Cape Charles Wetlands and Coastal Dunes Board to approve the installation of 340 linear feet and 85 linear feet of stone riprap revetments adjacent to the primary sand dune face along the Chesapeake Bay in the Town of Cape Charles.

5. WILLIAM WINN, #04-0979, requests authorization to install three (3) 7-foot by 180-foot floating piers with sixty (60) 3.5-foot wide finger piers varying in length from 28 feet to 42 feet to create 75 wetslips; to construct three (3) fixed 18-foot by 18-foot deck piers for gangway attachment; install 450 linear feet of replacement bulkhead aligned up to 18-inches channelward of an existing deteriorated bulkhead; and to install 250 linear feet of soldier pile breakwater/wavescreen at his marina facility situated along the James River in Prince George County. Both subaqueous and wetland permits are required.

6. WALTER HODGES, #03-2515, requests authorization to dredge 1,654 cubic yards of subaqueous material to create a 170-foot long by 20-foot wide access channel and a 123-foot long by 95-foot wide boat basin with a 29-foot by 35-foot spur possessing maximum depths of minus five and a half (-5.5) feet at mean low water, and to construct a 34-foot long by 30-foot wide open-sided dual slip boathouse and a 42-foot long by
21-foot wide open-sided boathouse, and to expand the existing private open-pile pier to total 1,389 square feet adjacent to the permittee's property situated along the Western Branch of the Elizabeth River in Portsmouth.

7. DEPARTMENT OF CONSERVATION AND RECREATION, #04-0547, requests authorization to construct an 8-foot by 360-foot open-pile fishing pier to include a 10-foot by 63.5-foot T-head with a 10-foot by 25-foot roof over a portion of the T-head, and to install up to 40- linear feet of rip rap landward of mean high water at the York River State Park in James City County. The project is protested by an adjoining property owner.

8. ROBERT POWELL, #03-1509, requests authorization to construct a 36-foot long by 16-foot wide open-sided boathouse adjacent to a previously authorized private pier adjacent to his property situated along Chisman Creek in York County. The project is protested by an adjacent property owner.

9. U. S. ARMY CORPS OF ENGINEERS, #04-1327, requests authorization to place overboard in an unconfined manuever up to 65,000 cubic yards of dredged material, per dredge cycle, from the hydraulic maintenance dredging of the two Federal Project Channels near Tangier Island in Accomack County. The material will be deposited along the western shore of the island, south of the existing seawall. Both Subaqueous and Coastal Primary Sand Dune/Beach permits are required.

10. SAMUEL SPANGLER, #04-0923, requests after-the-fact authorization to retain a 63-foot long by 38-foot wide clear span bridge crossing over Claiborne Run, a tributary of the Rappahannock River, and permission to install a 12-inch water line beneath the bridge's pavement. The bridge spans approximately 25 feet of State-owned bottom, and will remain a minimum of 20 feet of clearance above ordinary high water. The bridge provides access into Chatham Industrial Properties, a future industrial park, and a proposed County-owned storage yard in Stafford County.

11. PUBLIC COMMENTS

12. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-320, "Pertaining to the Taking of Black Drum" to eliminate the requirement to report commercial harvests of black drum on a weekly basis and to allow for the harvest of one black drum per day by any registered commercial fisherman.

13. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-270, "Pertaining to Crabbing" to establish provisions for medical hardship exemptions to the 8-hour workday requirement.

14. OYSTER SEASON 2003/2004: Request for public hearing to establish next season's harvest rules.

15. ED BENDER: Discussion of legal issues pertaining to the NMFS pound net/sea turtle rule.

16. Request for Marine Improvement Funds for a Study Related to Ariakensis oyster.

17. Review of the Virginia Saltwater Sport Fishing Tournament..

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

2A. VIRGINIA MARINE RESOURCES COMMISSION, #04-1411. The Fisheries Management Division requests authorization to construct a 148,000 square foot medium relief oyster reef composed of approximately 10,200 cubic yards of oyster shell. The reef will be centered between 37º 50' 59" North Latitude and 76º 20' 27" West Longitude while maintaining a minimum depth clearance of six (6) feet below the mean low water elevation, within Public Ground 14 adjacent to the mouth of Horn Harbor in the Great Wicomico River in Northumberland County. Staff recommends approval pending expiration of the public comment period.

2B. VIRGINIA MARINE RESOURCES COMMISSION, #04-1412. The Fisheries Management Division requests authorization to construct a 174,000 square foot medium relief oyster reef composed of approximately 12,000 cubic yards of oyster shell. The reef will be centered between 37º 51' 11" North Latitude and 76º 19' 41" West Longitude while maintaining a minimum depth clearance of six (6) feet below the mean low water elevation, within Public Ground 15 across from Rogue Point and upstream of Collins Point in the Great Wicomico River in Northumberland County. Staff recommends approval pending expiration of the public comment period.

2C. VIRGINIA MARINE RESOURCES COMMISSION, #04-1413. The Fisheries Management Division requests authorization to construct a 540,000 square foot medium relief oyster reef composed of approximately 37,000 cubic yards of oyster shell. The reef will be centered between 37º 49' 53" North Latitude and 76º 19' 13" West Longitude while maintaining a minimum depth clearance of six (6) feet below the mean low water elevation, within Public Ground 12 adjacent to the mouth of Gougher Creek in the Great Wicomico River in Northumberland County. Staff recommends approval pending expiration of the public comment period.

2D. VIRGINIA MARINE RESOURCES COMMISSION, #04-1163. The Fisheries Management Division requests re-authorization to continue construction of a 400,000 square yard artificial fishing reef while maintaining a minimum 15-foot depth clearance, constructed of environmentally acceptable rubble concrete, habitat structures and steel hulled vessels and an associated buoy marker at a location approximately seven (7) nautical miles east of the Great Wicomico Light in the Chesapeake Bay.

2E. VIRGINIA MARINE RESOURCES COMMISSION, #04-1164. The Fisheries Management Division requests re-authorization to continue to construct an artificial fishing reef constructed of environmentally compatible concrete construction materials, designed concrete habitat structures, environmentally acceptable demolition materials, and USCG approved steel hulled vessels, maintaining a minimum clearance of 16 feet from mean low water, in the Chesapeake Bay approximately 1.6 nautical miles northwest of Wescoat Point (Cherrystone Creek) in Northampton County. The reef is centered at 37º19' 04" North Latitude, 76º 02' 33" West Longitude and will be marked in accordance with all applicable Coast Guard requirements.

2F. VIRGINIA MARINE RESOURCES COMMISSION, #04-1172. The Fisheries Management Division requests re-authorization to continue to construct an artificial fishing reef constructed of environmentally compatible concrete construction materials, designed concrete habitat structures, environmentally acceptable demolition materials, and USCG approved steel hulled vessels, maintaining a minimum clearance of 15 feet from mean low water, in the Chesapeake Bay approximately 2.8 nautical miles west, northwest of the mouth of Onancock Creek. The reef is centered at 37º 44' 02" North Latitude, 76º 53' 06" West Longitude and will be marked in accordance with all applicable Coast Guard requirements.

2G. VIRGINIA MARINE RESOURCES COMMISSION, #04-1334. The Fisheries Management Division requests re-authorization to continue to construct an artificial fishing reef (Cell Reef) constructed of environmentally compatible concrete construction materials, designed concrete habitat structures, environmentally acceptable demolition materials, and USCG approved steel hulled vessels, maintaining a minimum clearance of 22 feet from mean low water, in the Chesapeake Bay approximately 3.6 nautical miles west of Hungars Creek in Northampton County. The reef is centered at 37º 24' 06" North Latitude, 76º 03' 25" West Longitude and will be marked in accordance with all applicable Coast Guard requirements.

2H. VIRGINIA MARINE RESOURCES COMMISSION, #04-1162. The Fisheries Management Division requests authorization to construct a 4000-foot square artificial fishing reef consisting of reef balls and other designed structures as well as other concrete and steel materials and located between 37º 08' 36" North Latitude 76º 14' 24" West Longitude and 37º 07' 54" North Latitude and 76º 13' 30" West Longitude in the Chesapeake Bay offshore from the Cities of Hampton and Poquoson.

2I. YORK COUNTY DEPARTMENT OF GENERAL SERVICES, #04-1016, requests authorization to construct a 27-foot long by 18-foot wide T-head at the terminus of the Cofferdam Pier adjacent to the permittee's property situated along the York River in York County. Staff recommends a time-of-year restriction from February 15 through June 30 to protect anadromous fishes.

2J. YORK COUNTY DEPARTMENT OF GENERAL SERVICES, #04-1406, requests authorization to construct one (1) 150-foot long by 8-foot wide public access fishing pier with a 33-foot by 18-foot T-head and a boat launch area consisting of a 60-foot long by 65-foot wide concrete boat ramp with both open-pile and floating access piers as part of the renovation of Smith Landing situated along the Poquoson River in York County.

2K. HAMPTON UNIVERSITY, #04-0533, requests authorization to install and backfill 633 linear feet of bulkhead aligned no greater than two feet in front of an existing deteriorated bulkhead adjacent to the Permittee's property situated along Jones Creek in Hampton.

2L. DEPARTMENT OF CONSERVATION AND RECREATION, #04-0780, requests authorization to expand previously authorized and existing structures at Leesylvania State Park along the Potomac River in Prince William County. The work includes adding 8-foot wide by 30-foot long sections to four (4) existing floating piers; adding an 8-foot wide by 35-foot long section to an existing sailboat pier; and to replace the fuel pier by installing two (2) 8-foot by 32-foot floating piers, one (1) 8-foot by 52-foot floating pier, one (1) 32-foot by 42-foot fixed timber pier, and two (2) 10-foot by 10-foot fixed timber piers. New structures proposed include an additional floating sailboat pier, 8 feet wide by 80 feet long and two (2) new handicap-accessible walkways, 8 feet wide by 132 feet long and 8 feet wide by 168 feet long. These walkways will be installed and aligned parallel to the existing bulkhead. Eight (8) additional wet slips will be available due to the additions, thus increasing the total number of approved wet slips to 16 for all piers at the facility.

2M. DOMINION TERMINAL ASSOCIATES, #04-0349, requests authorization to maintenance dredge up to 80,000 cubic yards of State-owned subaqueous bottomland and to dredge up to 206,700 cubic yards of new material to obtain maximum depths of -52.6 feet at mean low water over the entire area adjacent to their facility in the James River in the City of Newport News. The new dredged area encompasses an area 1,600 feet in length and varies in width from 300 feet at the northwest side to 200 feet at the southeast end. Recommend a royalty for the new dredging be assessed at a rate of $0.45 per cubic yard.

2N. TOUCHSTONE DEVELOPMENT LLC, #04-0167, requests authorization to install two (2) 12-foot by 24-foot pre-cast concrete roadway arches with riprap stone bank protection and a 48-foot by 180-foot concrete bridge structure within and over Licking Creek; and to install by directional drill method, 30 linear feet of 8-inch underground waterline beneath Second Branch in conjunction with a proposed single family residential development in Chesterfield County.

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 (757-247-2200) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT MANAGEMENT PROJECTS ON THIS AGENDA.

JULY 2004 COMMISSION ACTIONS

The following are the agenda items from the Commission's regular July meeting held Tuesday, July 27, 2004 at Commission headquarters. The Commission's action is in bold.

1. MINUTES of previous meeting. The Commission voted, 7-0-1, with Mr. Cowart abstaining because he missed the June meeting, to approve the minutes as circulated.

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

3. CLOSED SESSION. No session was held.

4. BAY CREEK MARINA & RESORT, LLC, #03-2501. Commission review of the June 2, 2004, decision of the Cape Charles Wetlands and Coastal Dunes Board to approve the installation of 340 linear feet and 85 linear feet of stone riprap revetments adjacent to the primary sand dune face along the Chesapeake Bay in the Town of Cape Charles. The Commission voted, 7-0-1 with Mr. Ballard abstaining, to remand the permit to the Cape Charles Wetlands and Coastal Dunes Board.

5. WILLIAM WINN, #04-0979, requests authorization to install three (3) 7-foot by 180-foot floating piers with sixty (60) 3.5-foot wide finger piers varying in length from 28 feet to 42 feet to create 75 wetslips; to construct three (3) fixed 18-foot by 18-foot deck piers for gangway attachment; install 450 linear feet of replacement bulkhead aligned up to 18-inches channelward of an existing deteriorated bulkhead; and to install 250 linear feet of soldier pile breakwater/wave screen at his marina facility situated along the James River in Prince George County. Both subaqueous and wetland permits are required. The Commission voted, 8-0, to approve the permit.

6. WALTER HODGES, #03-2515, requests authorization to dredge 1,654 cubic yards of subaqueous material to create a 170-foot long by 20-foot wide access channel and a 123-foot long by 95-foot wide boat basin with a 29-foot by 35-foot spur possessing maximum depths of minus five and a half (-5.5) feet at mean low water, and to construct a 34-foot long by 30-foot wide open-sided dual slip boathouse and a 42-foot long by 21-foot wide open-sided boathouse, and to expand the existing private open-pile pier to total 1,389 square feet adjacent to the permittee's property situated along the Western Branch of the Elizabeth River in Portsmouth. The case was continued until the Commission's Sept. 28th meeting.

7. DEPARTMENT OF CONSERVATION AND RECREATION, #04-0547, requests authorization to construct an 8-foot by 360-foot open-pile fishing pier to include a 10-foot by 63.5-foot T-head with a 10-foot by 25-foot roof over a portion of the T-head, and to install up to 40- linear feet of rip rap landward of mean high water at the York River State Park in James City County. An adjoining property owner protests the project. The Commission voted, 8-0, to approve the permit.

8. ROBERT POWELL, #03-1509, requests authorization to construct a 36-foot long by 16-foot wide open-sided boathouse adjacent to a previously authorized private pier adjacent to his property situated along Chisman Creek in York County. An adjacent property owner protests the project. The Commission voted, 8-0, to approve the permit with staff recommendations.

9. U. S. ARMY CORPS OF ENGINEERS, #04-1327, requests authorization to place overboard in an unconfined maneuver up to 65,000 cubic yards of dredged material, per dredge cycle, from the hydraulic maintenance dredging of the two Federal Project Channels near Tangier Island in Accomack County. The material will be deposited along the western shore of the island, south of the existing seawall. Both Subaqueous and Coastal Primary Sand Dune/Beach permits are required. The Commission voted, 8-0, to approve the permit.

10. SAMUEL SPANGLER, #04-0923, requests after-the-fact authorization to retain a
63-foot long by 38-foot wide clear span bridge crossing over Claiborne Run, a tributary of the Rappahannock River, and permission to install a 12-inch water line beneath the bridge's pavement. The bridge spans approximately 25 feet of State-owned bottom, and will remain a minimum of 20 feet of clearance above ordinary high water. The bridge provides access into Chatham Industrial Properties, a future industrial park, and a proposed County-owned storage yard in Stafford County. The Commission in a 3-5 vote, declined to approve the permit with triple permit fees and no civil charge. Later, the Commission voted, 8-0, to approve the permit with triple fees and a civil charge of $1,200 in lieu of further enforcement action.

11. PUBLIC COMMENTS: Watermen asked the Commission to consider the extension of the clam relay season this summer. The Commission voted, 8-0 in emergency action, to extend the season by 15 workdays, beginning August 16, 2004.

12. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-320, "Pertaining to the Taking of Black Drum" to eliminate the requirement to report commercial harvests of black drum on a weekly basis and to allow for the harvest of one black drum per day by any registered commercial fisherman. The Commission voted, 8-0, for the amendment, but the one black drum will not be counted against the quota, but the information will be available through the mandatory reporting process.

13. PUBLIC HEARING: Proposed amendments to Regulation 4VAC20-270, "Pertaining to Crabbing" to establish provisions for medical hardship exemptions to the 8-hour workday requirement. The Commission voted, 5-3, to approve the staff recommendation to adjust work hours, but not the amount of hours worked per day.

14. OYSTER SEASON 2003/2004: Request for public hearing to establish next season's harvest rules. The Commission voted, 8-0, to hold a public hearing on Sept. 28th..

15. ED BENDER: Discussion of legal issues pertaining to the NMFS pound net/sea turtle rule. Mr. Bender presented a background of the National Marine Fisheries Service's involvement between its endangered species program and Virginia's pound net fishery. He asked the Commission to support the initiation of legal action against NMFS. Dan Haworth, legislative aide to State Sen. Nick D. Rerras (R-Norfolk), told the Commission that the Senator wrote the State Attorney General yesterday (July 26) asking him to study the NMFS-Virginia Pound net problem toward the possibility of a state suit against NMFS in support of the commercial fishermen in this fishery. The Commission voted, 8-0, also to write a letter to the Attorney General supporting the undertaking of such a study and a determination of whether a lawsuit against NMFS is warranted.

16. Request for Marine Improvement Funds for a Study Related to Ariakensis oyster. The Commission voted, 6-0-2 with Mr. Ballard and Mr. Cowart abstaining, to approve the use of $10,000 from the Marine Improvement Fund to conclude the Ariakensis oyster study.

17: Review of legislative action: Wilford Kale, Senior Staff Advisor, told the Commission the details of House Bill 1024 which allows the Commission to increase fees for fishing licenses and permits after July 1, 2004. There was no action on the report.

18. Review of the Virginia Saltwater Sport Fishing Tournament: Claude Bain, Director, Virginia Saltwater Sport Fishing Tournament, reviewed the tournament's activities last year and the first half of 2004. He also reported on the very successful fish- tagging program that the tournament annually sponsors with the Virginia Institute of Marine Science.

NEXT MEETING: 8/11/04 10AM & 8/12/04 10AM (if needed), King William Reservoir Hearing at Lafayette High School in Williamsburg

No regular monthly Commission meeting is planned for August at this time.