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COMMISSION ACTIONS AUGUST 2002

AUGUST 2002 COMMISSION ACTIONS

Agenda Items for the August 27, 2002 Commission meeting are listed below with the Commission's actions in bold.

1. APPROVAL OF MINUTES - July 23, 2002. The Commission approved the minutes, 6-0.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval. The Commission approved the permits, 7-0.

3. THE MT. HOLLY STEAMBOAT INN, #02-0668, requests authorization to construct a commercial pier with a 30-foot by 10-foot T-head, eight (8) finger piers and two (2) mooring piles to create a maximum of 11 wetslips and extending 130 feet channelward of mean high water, adjacent to their property situated along Nomini Creek in Westmoreland County. The patrons of the Steamboat Inn will use the pier. The project is protested by nearby property owners. The Commission approved the permit by a 6-1 vote with four special conditions: there will be no electrical or water hookup facilities on the pier; there will be no sanitary pump-out facilities; there will be no sale of fuel products; no boats larger than 45-feet in length shall be permitted to be moored at the pier; and the only overnight mooring will be by those guests registered at the Mt. Holly Steamboat Inn (B&B).

4. MARY P. LOWE, #02-1106, requests authorization to install an open-pile elevated deck that will encroach upon a Coastal Primary Sand Dune at her property situated along the Chesapeake Bay in the City of Hampton. A Beaches and Dunes permit is required. The Commission approved the permit, 8-0.

5. SAM BROWN, #02-0276. Commission review of the July 18, 2002 decision of the Accomack County Wetlands Board to approve an after-the fact application for filling 650 square feet of vegetated wetlands, 38 square feet of non-vegetated wetlands, and the use of asphalt as fill material along Hunting Creek in the Hopkins area of Accomack County. The Commission, by a 6-2 vote, remanded the permit to the Accomack County Wetlands Board for reconsideration.

6. INLAND HARBOR HOME OWNERS ASSOCIATION, #99-2313. Commission review, on appeal by 25 or more freeholders of property within Northumberland County, of the July 9, 2002 decision of the Northumberland County Wetlands Board to approve the modification of the above-referenced application for the placement, stabilization and sprigging of 130 cubic yards of dredged material to be placed behind an existing jetty adjacent to the mouth of Warehouse Creek. The Commission, by an 8-0 vote, upheld the decision of the Northumberland County Wetland Board.

7. DAVID A. HARRISON, III, #02-1378, requests authorization to construct up to 897 linear feet of stone riprap revetment at his property situated along the James River in Prince George County. Wetlands permit required. The Commission approved the permit by a 7-0 vote.

8. WAYNE K. TAYLOR, #01-2142, requests authorization to retain the placement of 150 feet of concrete panel bulkhead aligned approximately seven (7) feet channelward of an existing sheet metal bulkhead and the backfilling of 1,050 square feet of tidal wetlands at the applicant's property situated along the Appomattox River in Prince George County. Wetlands permit required. The Commission, by a 5-3 vote, approved the retention of the bulkhead, but required that within 30 days, the remainder of the work be completed and that Mr. Taylor agree to a civil penalty of $5,500 in lieu of further enforcement action.

9. HAMPTON HALL SEAFOOD, #02-0003, requests authorization to construct a commercial, open-pile, timber pier extending 56 feet channelward of mean low water with a 36-foot long by 44-foot wide (1,584 square feet) L-head for the shedding of crabs. The pier will be located adjacent to the applicant's property situated along Hampton Hall Creek, approximately 270 feet downstream of the Route 202 bridge crossing in Westmoreland County. A property owner across the creek protests the project. The Commission approved the permit by an 8-0 vote.

10. NORTHUMBERLAND COUNTY BOARD OF SUPERVISORS, #02-1164, requests authorization to replace an existing deteriorated public boatramp with a 30-foot long, by 12-foot wide, concrete ramp which will extend 11.5 feet channelward of mean low water adjacent to property situated along Cranes Creek in Northumberland County. The project is protested by two adjacent or nearby property owners. The Commission approved the permit by an 8-0 vote.

11. PUBLIC COMMENTS: Doug Jenkins, president, Twin Rivers Watermen's Association invited all Commission members to its annual crab feast Saturday (Aug. 31) at Coles Point Plantation.

12. REQUEST: Adoption of emergency change to the boundary of the Virginia Blue Crab Sanctuary near Smith Point as part of permanent Regulation 4 VAC 20-752-10 et seq. The Commission approved the permanent regulation by an 8-0 vote.

13. Discussion: Opening the Hampton Flats Hard Clam Harvest Area. Staff conducted a study of the area, which is an important clam broodstock region and recommended against extending the season in September.

14. Discussion: Amendment to Regulation 4 VAC 20-430-10 et seq., "Pertaining to the Marking and Minimum Mesh Size of Gill Nets." Request for Public Hearing. The Commission voted, 8-0, to set a public hearing for Sept. 24.

15. Discussion: The 2002/2003 Public Oyster Harvest Season. A request for Public Hearing at the September 24, 2002 Commission Meeting (Regulation 4 VAC 20-720-10 et seq.) The Commission voted, 8-0, to set a public hearing for Sept. 24.

16. Aquaculture of Seed Clams. The Commission heard a staff report of the importation of seed clams by Mr. Mike McGee of Chincoteague from Hawaii, where he had sent broodstock from the Tom's Cove area. After a lengthy discussion, the Commission voted, 7-0 with Mr. Ballard abstaining, to grant Mr. McGee an after-the-fact approval for hatchery seed clam importation.

The Commission voted, 7-0 with Mr. Ballard abstaining, to enact an emergency regulation amendment prohibiting the importation of hatchery seed clams from the U.S. Pacific coast and all states south of Virginia for a period up to 180 days, beginning Wednesday (Aug. 28). A public hearing will be held next month, Sept. 24, to allow for the full 180-day ban.

DATE OF NEXT COMMISSION MEETING: SEPTEMBER 24, 2002


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