Commission Meeting, October 26, 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. COMMISSION CONSIDERATION of a resolution recommending approval of a transfer of 8± acres of subaqueous land in accordance with Chapter 454 Acts of Assembly 2004.

5. SAM DANIELS, #04-1514. Commission review on appeal by Mr. Daniels of the July 19, 2004, decision by the Isle of Wight County Wetlands Board to deny an application to install up to 170 linear feet of rip rap revetment landward of mean low water at his property situated along Brewers Creek, a tributary to Chuckatuck Creek in Isle of Wight County. Deferred from the September 28, 2004, meeting.

6. DUNCAN McGILLIVARY, # 04-1703. Commission review of the Virginia Beach Wetlands Board's September 20, 2004 decision to approve a permit to construct 203 linear feet of bulkhead involving a coastal primary sand dune and beach at the applicant's property situated along the Atlantic Ocean in the Sandbridge Beach section of Virginia Beach.

7. LYNDA STEWART, #04-1774. Commission review of the September 20, 2004, decision by the Westmoreland County Wetlands Board to approve the construction of 355 linear feet of riprap revetment installed channelward of a deteriorating timber bulkhead, adjacent to her property situated along Nomini Bay in Westmoreland County.

8. BAY MARINE, #01-1302. Restoration hearing to consider the unauthorized construction of a 290-foot by 6-foot commercial pier with four (4) unauthorized boatlifts, the installation of a sewage discharge pipe and diffuser extending approximately 268 feet channelward of mean low water, a 5-foot by 80-foot T-head, and 18 wetslips exceeding their authorized dimensions adjacent to their marina situated along Broad Creek in Middlesex County.

9. JAMES W. FIRTH, #03-0849. Formal restoration hearing concerning ongoing unauthorized activities at a former seafood offloading facility located at the terminus of Lawson Road on Bennetts Creek in Poquoson.

10. CONLEY PROPERTIES, LLC, #04-0732, requests authorization to construct a 10-slip community pier which will extend 66 feet into Carpenters Cove of Mulberry Creek and include a 157-foot long T-head, four (4) finger piers, two (2) uncovered boatlifts and ten (10) associated mooring piles in the Town of Morattico, Lancaster County. The project is protested by the adjacent property owners. Tabled from the September 28, 2004, Commission meeting.

11. TIMOTHY MCCULLOUCH, ET AL, #04-1598, requests authorization to dredge a 400-foot long by 35-foot wide access channel, a 70-foot by 70-foot turning basin, and construct two (2) low-water bulkheads, 120-foot long and 85-foot long, adjacent to property situated along The Thorofare in York County.

12. SOMERSET CHESAPEAKE WATCH, LLC, #03-1423, requests authorization to construct three community piers with finger piers and mooring piles to create 28 wetslips adjacent to their condominium development situated along Hunton Creek in Middlesex County. The project is protested by nearby property owners.

13. TOWN OF CAPE CHARLES, #04-1839, requests authorization to construct a 407-foot long by 10-foot wide public fishing pier with a 20-foot by 20-foot T-head and a 40-foot long by 10-foot wide roof structure for shade, over the mid-point of the proposed pier, along Cape Charles Harbor, south of the harbor jetty in the Town of Cape Charles, Northampton County. The existing timber walkway along the jetty will also be repaired.

14. ALICE PALIVODA, #04-1305, requests authorization to install a 12-foot wide by 60-foot long concrete boat ramp, extending 30 feet channelward of mean low water, for the launching and retrieval of watercraft adjacent to her property along Williams Creek, a tributary of the Upper Machodoc Creek, in King George County. The project is protested by trustees of the adjacent property owner's estate.

15. DEPARTMENT OF GAME AND INLAND FISHERIES, #04-1852, requests authorization to repair a timber jetty and to dredge 2,505 cubic yards of subaqueous material from a boat basin and a proposed "sand trap" adjacent to the Wake Public Landing along Mill Creek in Middlesex County.

16. UPDATE STATUS REPORT on Rudee Inlet weir construction by City personnel.

17. PUBLIC COMMENTS

18. PUBLIC HEARING: a) consideration of emergency amendments to the Black Sea Bass regulation to adjust bycatch trip limits for 2004, b) consideration of amendments to the Black Sea Bass regulation for the 2005 fishing year.

19. EXCEPTIONS TO LIMITED ENTRY: review of draft regulations, recommendations of the Finfish Management Advisory Committee; request for public hearing.

20. POUND NET SITING: review of draft regulations, request for public hearing.

21. REVIEW OF MARINE FISHING IMPROVEMENT FUND, VIRIGNIA SALTWATER RECREATIONAL FISHING DEVELOPMETN FUND, AND CURRENT LICENSE AND PERMIT FEES.

22. SCUP: request to adjust the commercial harvest trip limit for the Winter II period from 2,000 pounds to 3,500 pounds. Emergency regulation required.

23. INFORMATIONAL HEARING: Public comment concerning revisions to the Striped Bass regulation to modify the Individual Transferable Quota Program from a tag based quota to a fish weight quota.

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

2A. SETTLER'S RIDGE, LLC, ET AL, #04-1856, requests authorization to install up to 416 linear feet of 8-inch and 12-inch sanitary sewer impacting Cornelius Creek, a tributary to the James River in Henrico County. Staff recommends standard instream construction conditions.

2B. YORK RIVER YACHT HAVEN ASSOCIATES, #02-2264, requests authorization to modify the dimensions of the aquaculture racks deployed within their 28.4-acre oyster lease adjacent to the Sarah Creek entrance channel along the York River near Quarter Point in Gloucester County. The modified racks would measure 8 feet wide by 12 feet long and extend to a height of 3 feet above the substrate. The currently authorized structures measure 3 feet wide by 6 1/2 feet long with a height of 3 feet above the substrate.

2C. HARBOR POINT INVESTORS, LLC, #04-1950, requests authorization to mechanically maintenance dredge a maximum of 6,800 cubic yards of subaqueous material, on an as-needed basis, to provide maximum depths up to minus -40 feet at mean low water within a 750-foot by 204-foot area adjacent to property situated along the Southern Branch of the Elizabeth River in Portsmouth. Staff recommends submission of a post-dredge bathymetric survey. Material will be disposed at the Craney Island Rehandling Basin.

2D. TOWN OF LURAY, #03-1233, requests after-the-fact authorization to retain emergency repairs to the upstream end of Pier # 1 supporting the VDOT Route 211 bridge crossing Hawksbill Creek in Page County which had been undermined by erosion.

2E. METRO MACHINE CORPORATION, #04-2036, requests authorization to install two (2) new mooring dolphins, a new tower crane foundation and crane, and to enlarge two exiting mooring dolphins at property situated at the confluence of the Eastern and Southern Branches of the Elizabeth River in Norfolk.

2F. CITY OF SALEM and VERIZON, #04-2003, requests authorization to relocate overhead telecommunications lines and replace the Colorado Street Bridge with a new bridge, 115-feet long by 83-feet wide, and install a bridge-suspended 2" electrical conduit over the Roanoke River in the City of Salem. Staff recommends standard instream construction conditions and a time of year restriction from March 15 to June 30 to protect endangered fish species.

2G. CITY OF HAMPTON, #04-1993, requests authorization to replace and extend by 100 feet an existing deteriorated timber jetty with a new 445 linear foot vinyl and timber jetty on the southside of the Salt Ponds Entrance Channel in Hampton.

2H. MARINE HYDRAULICS INCORPORATED, #04-1807, requests authorization to maintenance dredge, by clamshell method on an as-needed basis, a maximum of 10,000 cubic yards of State-owned subaqueous material, to provide maximum depths up to -40 feet below mean low water within a 1,420 foot long by 450-foot wide mooring basin adjacent to their property situated along the Elizabeth River in Norfolk. All dredged material will be transported to and disposed within the Craney Island Rehandling Basin. Staff recommends submission of a post-dredge bathymetric survey.

2I. LYNCHBURG DEPARTMENT OF PUBLIC WORKS/ENGINEERING, #03-1825, requests authorization to construct a 120-foot long by 12-foot wide covered pedestrian bridge that will span 40 feet of Blackwater Creek near U.S. Business Route 29 and Rivermont Avenue in the City of Lynchburg. The bridge will be an open truss, prefabricated steel structure, including a timber deck and a pitched metal roof, that will provide access to the historic Point of Honor from both sides of Blackwater Creek.

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.

OCTOBER 2004 COMMISSION ACTIONS

The following are the agenda items from the Commission's regular October meeting held Tuesday, October 26, 2004 at Commission headquarters. The Commission's action is in bold.

1. MINUTES of previous meeting. No minutes were approved.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted 7-0-1 to approve items 2-C & 2-G with Associate Member McLeskey abstaining. The Commission then voted, 8-0, to approve the remaining items.

3. CLOSED SESSION. No closed session was held.

4. COMMISSION CONSIDERATION of a resolution recommending approval of a transfer of 8� acres of subaqueous land in accordance with Chapter 454 Acts of Assembly 2004. The Commission voted, 8-0, to approve the resolution.

5. SAM DANIELS, #04-1514. Commission review on appeal by Mr. Daniels of the July 19, 2004, decision by the Isle of Wight County Wetlands Board to deny an application to install up to 170 linear feet of rip rap revetment landward of mean low water at his property situated along Brewers Creek, a tributary to Chuckatuck Creek in Isle of Wight County. Deferred from the September 28, 2004, meeting. Mr. Daniels withdrew his appeal and the case was withdrawn.

6. DUNCAN McGILLIVARY, # 04-1703. Commission review of the Virginia Beach Wetlands Board's September 20, 2004 decision to approve a permit to construct 203 linear feet of bulkhead involving a coastal primary sand dune and beach at the applicant's property situated along the Atlantic Ocean in the Sandbridge Beach section of Virginia Beach. The Commission voted, 8-0, to remand the case to the Virginia Beach Wetlands Board.

7. LYNDA STEWART, #04-1774. Commission review of the September 20, 2004, decision by the Westmoreland County Wetlands Board to approve the construction of 355 linear feet of riprap revetment installed channelward of a deteriorating timber bulkhead, adjacent to her property situated along Nomini Bay in Westmoreland County. The Commission voted, 8-0, to remand the case to the Westmoreland County Wetlands Board.

8. BAY MARINE, #01-1302. Restoration hearing to consider the unauthorized construction of a 290-foot by 6-foot commercial pier with four (4) unauthorized boatlifts, the installation of a sewage discharge pipe and diffuser extending approximately 268 feet channelward of mean low water, a 5-foot by 80-foot T-head, and 18 wetslips exceeding their authorized dimensions adjacent to their marina situated along Broad Creek in Middlesex County. The Commission voted, 8-0, to adopt an order to allow the compliance work to proceed and the applicant will return to seek approval on certain other items. The applicant proposed a $1,200 civil charge in lieu of further enforcement action, which the Commission will consider next month.

9. JAMES W. FIRTH, #03-0849. Formal restoration hearing concerning ongoing unauthorized activities at a former seafood offloading facility located at the terminus of Lawson Road on Bennetts Creek in Poquoson. The Commission voted, 7-1 to give the applicant, Michael Jewett, one month to obtain a lawyer and to give a status report at the Commission's Nov. 23rd meeting.

10. CONLEY PROPERTIES, LLC, #04-0732, requests authorization to construct a 10-slip community pier that will extend 66 feet into Carpenters Cove of Mulberry Creek and include a 157-foot long T-head, four (4) finger piers, two (2) uncovered boatlifts and ten (10) associated mooring piles in the Town of Morattico, Lancaster County. The adjacent property owners protest the project. Tabled from the September 28, 2004, Commission meeting. The Commission voted, 8-0, to approve the application but for only 8 slips.

11. TIMOTHY MCCULLOUCH, ET AL, #04-1598, requests authorization to dredge a 400-foot long by 35-foot wide access channel, a 70-foot by 70-foot turning basin, and construct two (2) low-water bulkheads, 120-foot long and 196-foot long, adjacent to property situated along The Thorofare in York County. The Commission voted, 8-0, to approve the permit as modified.

12. SOMERSET CHESAPEAKE WATCH, LLC, #03-1423, requests authorization to construct three community piers with finger piers and mooring piles to create 28 wetslips adjacent to their condominium development situated along Hunton Creek in Middlesex County. The project is protested by nearby property owners. The Commission voted, 8-0, to approve the permit but for only 10 wetslips.

13. TOWN OF CAPE CHARLES, #04-1839, requests authorization to construct a 407-foot long by 10-foot wide public fishing pier with a 20-foot by 20-foot T-head and a 40-foot long by 10-foot wide roof structure for shade, over the mid-point of the proposed pier, along Cape Charles Harbor, south of the harbor jetty in the Town of Cape Charles, Northampton County. The existing timber walkway along the jetty will also be repaired. The Commission voted, 7-0, to approve the permit as modified.

14. ALICE PALIVODA, #04-1305, requests authorization to install a 12-foot wide by 60-foot long concrete boat ramp, extending 30 feet channelward of mean low water, for the launching and retrieval of watercraft adjacent to her property along Williams Creek, a tributary of the Upper Machodoc Creek, in King George County. Trustees of the adjacent property owner's estate protest the project. Those persons in opposition withdrew their protest and the permit will be handled administratively.

15. DEPARTMENT OF GAME AND INLAND FISHERIES, #04-1852, requests authorization to repair a timber jetty and to dredge 2,505 cubic yards of subaqueous material from a boat basin and a proposed "sand trap" adjacent to the Wake Public Landing along Mill Creek in Middlesex County. The Commission voted, 7-0, to approve the permit urging that steps be taken to ensure safety concerning the "sand trap."

16. UPDATE STATUS REPORT on Rudee Inlet weir construction by City personnel. Officials from Virginia Beach told the Commission the project should be completed in May 2005.

17. PUBLIC COMMENTS

18. PUBLIC HEARING: a) consideration of emergency amendments to the Black Sea Bass regulation to adjust by-catch trip limits for 2004, b) consideration of amendments to the Black Sea Bass regulation for the 2005 fishing year. The Commission voted 7-0, to make the emergency regulation permanent and to approve amendments for the 2005-fishing year.

19. EXCEPTIONS TO LIMITED ENTRY: review of draft regulations, recommendations of the Finfish Management Advisory Committee; request for public hearing. The Commission voted, 7-0, to set a public hearing for the Nov. 23rd meeting.

20. POUND NET SITING: review of draft regulations, request for public hearing. The Commission voted, 7-0, to set a public hearing for the Nov. 23rd meeting.

21. REVIEW OF MARINE FISHING IMPROVEMENT FUND, VIRGINIA SALTWATER RECREATIONAL FISHING DEVELOPMENT FUND, AND CURRENT LICENSE AND PERMIT FEES. The Commission voted, 7-0, to set a public hearing for the Dec. 21rst meeting.

22. SCUP: request to adjust the commercial harvest trip limit for the Winter II period from 2,000 pounds to 3,500 pounds. Emergency regulation required. The Commission voted, 6-0, for approve an emergency regulation increasing the Winter II period trip limits from 2,000 to 3,500 pounds.

23. INFORMATIONAL HEARING: Public comment concerning revisions to the Striped Bass regulation to modify the Individual Transferable Quota Program from a tag based quota to a fish weight quota. The Commission listened to about two dozen persons discuss the pros and cons of the current system and the proposed weight quota with about 90 percent of the speakers in favor of keeping the current program. The Commission voted, 6-1, to set up a committee of commercial watermen and association presidents to further discuss the issue.

24. OYSTERS: Dr. James Wesson, Head, Department of Conservation and Replenishment, offered several changes in the areas proposed to be open in the 2004-2005 oyster season. The Commission voted, 7-0, to set a public hearing for the Nov. 23rd meeting.

NEXT MEETING: 11/23/04