Commission Meeting, November 28, 2006

Date: Tuesday, November 28, 2006, 9:30 AM
Who is meeting: Virginia Marine Resources Commission (VMRC)

Agenda

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.

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

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL.

4. WILLIAM ROWE, #06-1387. Commission review, on appeal by 25 or more freeholders, of the October 10, 2006, decision by the Northumberland County Wetlands Board to approve the rehabilitation of a previously permitted intertidal riprap revetment, the installation of a 50-foot long intertidal riprap spur; a 120-foot long riprap spur/breakwater; a 170-foot long riprap breakwater; a 140-foot long breakwater; a 120-foot long sill/breakwater and the placement of 5,000 cubic yards of sandy material adjacent to his property situated at the mouth of Presley creek, along the Potomac River in Northumberland County.

6. BURWELLS BAY IMPROVEMENT ASSOCIATION, #06-1231. Commission review, on appeal by the applicant, of the October 30, 2006, decision by the Isle of Wight County Wetlands Board to deny the applicants' request to construct a 5-foot by 300-foot open-pile pier to include a 10-foot by 75-foot L-head; a parallel 5-foot by 50-foot “dock landing” section near an existing boatramp; and three (3) 2-foot by 12-foot finger piers along the L-head to create 6 slips, with lifts, for use by members of the Association at their property situated along the James River (Burwells Bay) at 14477 Burwells Bay Road in Isle of Wight County.

7. BURWELLS BAY IMPROVEMENT ASSOCIATION, #06-1231, requests authorization to construct a 5-foot by 300-foot open pile pier to include a 10-foot by 75-foot L-head; a parallel 5-foot by 50-foot “dock landing” section near an existing boatramp; and three (3) 2-foot by 12-foot finger piers along the L-head to create six (6) slips, with lifts, for use by members of the Association at their property situated along the James River (Burwells Bay) at 14477 Burwells Bay Road in Isle of Wight County. The subaqueous application is protested by Forrest R. Scott and the Bracey family.

8. MR. AND MRS. ANTHONY KLUSEWICZ, #06-1470, request authorization to construct two (2) 50-foot by 12-foot riprap breakwaters with 1000 cubic yards of sandy material placed landward of the breakwaters as beach nourishment adjacent to their property situated along the Piankatank River in Gloucester County. The project is protested by two nearby property owners.

11. W3 SHIPYARDS LLC, #04-2481, requests authorization to backfill an existing deteriorated soldier-pile bulkhead and install a riprap revetment at the toe adjacent to their property situated along the Eastern Branch of the Elizabeth River in Norfolk.

12. DENNIE PERKINSON, #06-0418, requests authorization to construct a 40-foot by 16-foot open-sided boathouse with associated finger piers at an existing private pier adjacent to his property situated along Back Creek in York County. The project is protested by an adjacent property owner.

13. BAY WATCH, LTD, #06-1448, requests authorization to construct a 20-foot long by 5-foot wide community pier with a 150-foot long by 5-foot wide L-head situated along Pitts Creek and adjacent to lot number 12 in the “Bay Watch Subdivision” in Accomack County. The project is protested by nearby property owners.

14. COMMISSION CONSIDERATION of Draft Deed and Draft Resolution for Conveyance authorized by Chapter 201 Acts of Assembly 2006.

15. PUBLIC COMMENTS

16. RECOMMENDATIONS OF THE RECREATIONAL FISHING ADVISORY BOARD

17. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-252-10 et seq., “Pertaining to the Taking of Striped Bass” to establish a weight-based individual transferable quota program for the commercial fishery.

18. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-20-10 et seq., “Pertaining to the Licensing of Fixed Fishing Devices” to exempt 2006 licensees from certain provisions necessary for license renewal in 2007.

19. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-720-10 et seq., “Pertaining to Restrictions on Oyster Harvest” to open to oyster harvest certain parts of the Lower Rappahannock River and the Virginia tributaries of the Potomac River.

20. REQUESTS FOR PUBLIC HEARING:
a) Proposed regulations on the use of recreational gill nets in tidal freshwaters.
b) Proposed regulations to place clam and oyster harvests under the mandatory reporting program and to establish clam and oyster aquaculture licenses.

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

2A. COVE POINT CONDOMINIUMS, #05-2207, requests authorization to modify an existing permit to include the installation of floating wharf and finger pier sections instead of fixed sections for the private use marina situated along Little Neck Creek in Virginia Beach. Recommend no additional royalties provided that the design changes occur as proposed within the previously configured bold outline.

2B. TRANSCONTINENTAL GAS PIPE LINE CORPORATION., #06-1751, requests authorization to install, by dry crossing methods, 42-inch diameter looping pipeline a minimum of five feet under multiple stream crossings in Pittsylvania County and beneath Whipping Creek in Campbell County and to replace existing 30-inch diameter pipeline with new 42-inch diameter pipeline at two stream crossings beneath Cub Run in Fairfax County. Staff recommends a royalty of $1,476 for the encroachment under 492 linear feet of State-owned bottom at a rate of $3.00 per linear foot. Staff also recommends a time of year restriction of March 15 – May 31 in Whipping Creek due to the presence of orangefin madtom.

2C. JAMES K. HAMILTON, ET AL., #06-2209, requests authorization to install a 42-foot long by 30-foot wide bridge culvert consisting of four 72-inch diameter reinforced concrete pipes countersunk 6-inches below pre-construction stream elevation and filled with grouted VDOT Class II riprap impacting 1,260 square feet of Cabin Run in Warren County. A temporary cofferdam and bypass pump system will be utilized to maintain stream flow. Staff recommends a royalty of $1,890.00 for the encroachment over 1,260 square feet of State-owned bottom at a rate of $1.50 per square foot.

2D. OGORCHOCK, LLC, #06-2180, requests authorization to construct two (2) 6-foot wide, concrete travel lift piers, extending a maximum of 250 feet channelward of mean low water, install two (2) breasting dolphins and 116 linear feet of low-profile, free-standing bulkhead for marsh toe stabilization, and dredge 6,780 cubic yards of State-owned subaqueous material to provide maximum depths of minus nine (-9) feet at mean low water to provide additional barge loading access at the Concrete Precast Systems commercial facility on the Southern Branch of the Elizabeth River at 1320 Yacht Drive in Chesapeake. The dredged material will be transported to and disposed of within the Craney Island Rehandling Basin in Portsmouth. Recommend our standard dredging conditions and a royalty in the amount of $8839.00 for the encroachment over 2,894 square feet at a rate of $2.00 per square foot and for the dredging of at a rate of $0.45 per cubic yard.

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.

Commission Actions

The following are the agenda items from the Commission's regular meeting held November 28, 2006 at Commission headquarters. The Commission's actions are in bold.

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

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). Item No. 2-A was removed at the request of the applicant. The Commission voted, 8-0, to approve items No. 2-B through 2-D.

3. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. The Commission went into closed meeting to discuss agenda item No. 13 with legal counsel.
[ Audio Items 1-3 and Item 13 ]

4. WILLIAM ROWE, #06-1387. Commission review, on appeal by 25 or more freeholders, of the October 10, 2006, decision by the Northumberland County Wetland Board to approve the rehabilitation of a previously permitted intertidal riprap revetment, the installation of a 50-foot long intertidal riprap spur; a 120-foot long riprap spur/breakwater; a 170-foot long riprap breakwater; a 140-foot long breakwater; a 120-foot long sill/breakwater and the placement of 5,000 cubic yards of sandy material adjacent to his property situated at the mouth of Presley creek, along the Potomac River in Northumberland County. Counsel for the appellants agreed to withdraw the freeholders’ appeal of the Northumberland Wetland Board decision based on the Commission’s agreement to incorporate two special conditions in the subaqueous permit they approved (Item No. 5) which was considered prior to item No. 4. The Commission then voted, 8-0, to uphold the Northumberland Wetlands Board decision.
[ Audio Items 4 and 5 ]

5. WILLIAM ROWE, #06-1387, requests authorization to install a series of headland breakwaters which include a 120-foot long trapezoidal spur/breakwater; a 170-foot long trapezoidal breakwater; a 140-foot long trapezoidal breakwater; a 50-foot section of a 120-foot long sill/breakwater and the placement of 5,000 cubic yards of beach nourishment adjacent to his property situated at the mouth of Presley Creek, along the Potomac River in Northumberland County. The subaqueous application is protested by numerous residents of Presley Creek. The Commission voted, 8-0, to approve the permit with the incorporation of two special conditions that were slightly modified from those recommended by counsels for both the applicant and the freeholders. The conditions require staff to monitor and inspect the success and/or impacts of the structures permitted on the channel, opening and tidal exchange between Presley Creek and the Potomac River.

6. BURWELLS BAY IMPROVEMENT ASSOCIATION, #06-1231. Commission review, on appeal by the applicant, of the October 30, 2006, decision by the Isle of Wight County Wetland Board to deny the applicants' request to construct a 5-foot by 300-foot open-pile pier to include a 10-foot by 75-foot L-head; a parallel 5-foot by 50-foot “dock landing” section near an existing boatramp; and three (3) 2-foot by 12-foot finger piers along the L-head to create 6 slips, with lifts, for use by members of the Association at their property situated along the James River (Burwells Bay) at 14477 Burwells Bay Road in Isle of Wight County. The Commission voted, 8-0, to overturn the Isle of Wight Wetland Board’s decision to deny the permit.
[ Audio Items 6 ]

9. JAMES HILL, #03-1145, requests authorization to retain a previously constructed and unauthorized second riparian pier and a previously unauthorized concrete boat ramp at his property situated along Streeter Creek, a tributary to Hampton Roads in the City of Suffolk. The Commission voted, 8-0, to approve the permit as requested, but required the submittal of revised drawings depicting an additional floating platform as well, finding that the second pier was reasonably sized, did not pose a navigational hazard and might even pre-date the Commission’s jurisdiction in 1962. The Commission also noted that the applicant had removed a previously sunken barge from the waterway at his own expense.
[ Audio Items 9 ]

10. MATTAWOMAN ESTATES, #05-2601, requests authorization to construct a 320-foot long by 5-foot wide pier which includes a 20-foot by 10-foot L-head and seven (7) mooring piles for the mooring of up to five (5) community boats, situated adjacent to community property along Mattawoman Creek in the Wilsonia Neck area of Northampton County. The project is protested by an adjacent property owner. The Commission voted, 8-0, to approve the permit with staff recommendations, finding that the request was a reasonable use of state-owned bottom and was confined to the court apportioned riparian area.
[ Audio Items 10 ]

11. DENNIE PERKINSON, #06-0418, requests authorization to construct a 40-foot by 16-foot open-sided boathouse with associated finger piers at an existing private pier adjacent to his property situated along Back Creek in York County. The project is protested by an adjacent property owner. The Commission voted, 8-0, to approve the permit in accordance with staff recommendations.
[ Audio Items 11 ]

12. BAY WATCH, LTD, #06-1448, requests authorization to construct a 20-foot long by 5-foot wide community pier with a 150-foot long by 5-foot wide L-head situated along Pitts Creek and adjacent to lot number 12 in the “Bay Watch Subdivision” in Accomack County. The project is protested by nearby property owners. The Commission voted, 6-2, to approve a 100-foot long by 5-foot wide, L-head on the proposed community pier sufficient to moor a maximum of four vessels in accordance with staff recommendations. The Commission also assessed a royalty for the total square footage of the bold outline footprint of the pier and mooring area at the rate of $1.50 per square foot.
[ Audio Items 12 ]

13. COMMISSION CONSIDERATION: Draft Deed and Draft Resolution for Conveyance authorized by Chapter 201 Acts of Assembly 2006. The Commission voted, 8-0, to approve the draft resolution and deed as presented by counsel. [ Audio Items 1-3 & 13; Item 13 is at end of clip ]

14. PUBLIC COMMENTS

15. RECOMMENDATIONS OF THE RECREATIONAL FISHING ADVISORY BOARD. The Commission voted, 8-0, to approve the recommended projects, A through M on the RFBA recommendation list.
[ Audio Items 14 and 15 ]

16. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-252-10 et seq., “Pertaining to the Taking of Striped Bass” to establish a weight-based individual transferable quota program for the commercial fishery. The Commission voted, 8-0, to change from a tag-based quota fishery to a weight-quota fishery.
[ Audio Items 16 ]

17. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-20-10 et seq., “Pertaining to the Licensing of Fixed Fishing Devices” to exempt 2006 licensees from certain provisions necessary for license renewal in 2007. The Commission voted, 8-0, the amendments for the pound net fishery.
[ Audio Items 17 ]

18. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-720-10 et seq., “Pertaining to Restrictions on Oyster Harvest” to open to oyster harvest certain parts of the Lower Rappahannock River and the Virginia tributaries of the Potomac River. The Commission voted, 5-3, not to open the Lower Rappahannock River to oyster harvesting and asked that the Virginia Oyster Heritage Program reconvene to reexamine the sanctuary program and develop a master plan for the Lower Rappahannock area.
[ Audio Items 18 ]

19. REQUESTS FOR PUBLIC HEARING: a) Proposed regulations on the use of recreational gill nets in tidal freshwaters.
b) Proposed regulations to place clam and oyster harvests under the mandatory reporting program and to establish clam and oyster aquaculture licenses. The Commission voted, 8-0, to set a public hearing for its December 19th meeting on the aquaculture, clam and oyster programs and set a public hearing for its February, 2007 meeting to consider the use of recreational gill nets.
[ Audio Items 19 ]

20. DISCUSSION: Possible Spiny Dog Fish Regulation. The Commission voted, 8-0, to approve an emergency regulation for the spiny dog fish fishery increasing trip limits from 600 pounds to 4,000 per trip for the remainder of the season, which ends May 1, 2007. The measure will come back to the Commission at its December 19th meeting for permanent approval.
[ Audio Items 20 ]