The following are the agenda items from the Commission's regular August meeting held August 23, 2005 at Commission headquarters. The Commission's action is in bold.
1. APPROVAL of Agenda. The Commission voted, 6-0, to approve the agenda.
2. MINUTES of previous meeting. The Commission voted, 6-0, to approve the minutes.
3. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 6-0, to approve the permits with staff recommendations.
4. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. The Commission voted, 6-0, to go into a closed meeting to discuss four current legal matters involving the Commission.
5. PACK FAMILY LIMITED PARTNERSHIP, #04-2454, requests authorization to modify a previously issued permit (#04-0983) to increase the proposed dredging of State-owned subaqueous bottomland from 3,200 cubic yards to 7,500 cubic yards and to reconfigure previously authorized slips within the same footprint at the existing Smithfield Station Marina facility along the Pagan River in the Town of Smithfield in Isle of Wight County. An adjoining property owner protests the project. The Commission voted, 6-0, to approve the permit with a $1,935 dredging royalty.
6. RANDOLPH H. PACK, #05-1180, requests authorization to dredge up to 1,500 cubic yards of State-owned subaqueous bottomland; after-the-fact approval to retain previously unauthorized marina slips and finger piers; reconfigure previously authorized marina slips; and after-the-fact authorization to retain a larger than previously permitted "lighthouse" building (#87-1941) along with approval of a change in use of the structure from the previously authorized use as a dockmaster office; restrooms/showers; and marina store/raw bar, to use as lodging and a conference/meeting room, at the existing Smithfield Station Marina/Hotel/Restaurant facility, along the Pagan River, in the Town of Smithfield in Isle of Wight County. An adjoining property owner protests the project. The Commission voted, 6-0, to approve the permit as proposed.
7. DERRICK RIDLEY, #05-0981, requests authorization to install 330 linear feet of riprap on property situated along Hampton Roads in Hampton. A primary coastal sand dunes and beaches permit is required. The Commission voted, 6-0, to approve the permit as proposed.
8. FERNAND BARUCH, JR., #05-1046, requests authorization to construct four (4) riprap breakwaters and place up to 3,500 cubic yards of sandy material landward of the breakwaters as beach nourishment and to construct a second open-pile pier extending 120 feet channelward of mean high water adjacent to his property situated along Meachim Creek and the Rappahannock River in Middlesex County. Several property owners along Meachim Creek protest the project. The Commission voted, 6-0, to approve the project in modified form.
9. WILLIAM NEWTON, #04-2418, requests authorization to construct a 33-foot long by 17-foot wide (561 square feet) private, non-commercial, open-sided timber boathouse adjacent to his property situated along Lodge Creek in Northumberland County. An adjacent property owner protests the project. The Commission voted, 7-0, to approve the permit as proposed.
10. WAYNE HARBIN, #05-0603, requests authorization to construct a 360-foot long by 6-foot wide private, non-commercial, open-pile pier with a 16' by 18' L-head and a 16' by 10' floating dock adjacent to property situated along Back Creek in York County. The Commission voted, 7-0, to approve the permit in modified form.
11. KEITH A. FARRISH, #04-2026, requests authorization to construct a 25-foot wide by 28-foot long, open-sided boathouse to cover a boat lift, two jet ski lifts, and an 11-foot wide by 16-foot long L-head platform, adjacent to his property situated along Monroe Bay in Westmoreland County. This item was pulled from the agenda at the request of the applicant.
12. MARK WORRALL, #04-2186, requests authorization to construct a 30-foot by 14-foot open-sided boathouse adjacent to a previously authorized pier located adjacent to his property situated along the Eastern Branch of the Elizabeth River in Norfolk. An adjacent property owner protests the project. The Commission voted, 7-0, to approve the permit as proposed.
13. COUNTY OF NORTHAMPTON, ET AL, #05-0492, requests authorization for the one-time placement of up to 75,000 cubic yards of hydraulically dredged beach quality sandy material arising from the proposed Nassawadox Creek Federal Navigation Channel in an unconfined overboard 68-acre site in the Chesapeake Bay, northwest of the mouth of Nassawadox Creek. The project is protested by nearby property owners. The Commission voted, 6-0, to approve the permit as proposed.
14. VIRGINIA INSTITUTE OF MARINE SCIENCE, requests authorization to set-aside 507.90 acres of unassigned state bottom in Hog Island Bay, southeast of High Shoal Marsh in Northampton County for five years. The area will be used for seagrass restoration. The Commission voted, 5-0, to approve the permit as proposed.
15. DISCUSSION: Royalty issue. The Commission sent the issue to the Habitat Management Advisory Committee for consideration.
16. SPECIAL PRESENTATION: The Commission recognized the retirement of two Marine Police Officers, Richard Haynes and First Sgt. Dan Eskridge, who collectively have nearly 60 years of service with the agency.
17. PUBLIC HEARING: Emergency Regulation extending the clam harvest season in the Hampton Roads Shellfish Area through September 14, 2005, as a permanent part of 4 VAC 20-566-10 Et Seq. The Commission voted, 7-0, to make the emergency regulation permanent.
18. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-252-10 Et Seq. "Pertaining to Striped Bass." a) Modification of the recreational striped bass regulations for the fall 2005 Chesapeake Area fishery. b) Change the commercial striped bass tagging program to require the use of two separate tags, based on striped bass size intervals, for the Chesapeake Area and Coastal Area. c) Add requirements to improve compliance with the commercial striped bass tagging program. d) Repeal the January 1 through March 25 prohibitions on the use of gill nets with a stretched mesh size between 33/4 inches and 6 inches in the western tributaries, from the James River to the Rappahannock River. e) Establish a 7-inch maximum mesh size for all gill nets used in the Chesapeake Area striped bass fishery and a maximum mesh size for gill nets used in the Coastal Area striped bass fishery. The Commission voted, 7-0, to approve the proposed recreational fishing measures on striped bass. However, the Commission voted, 6-0, to remand the proposed regulations to the ad hoc striped bass committee and then to the Finfish Management Advisory Committee for further consideration. The issue will return to the Commission's September agenda.
19. ANNUAL REVIEW of haul seine, propeller scarring, of SAV beds and status of Chincoteague Bay SAV sanctuary, Dr. Bob Orth, VIMS. He reported that haul scene scarring has diminished and the Commission voted, 7-0, to continue the funding pending the receipt of a proposal.
20. VIRGINIA SEAFOOD COUNCIL request for additional testing of ariakensis oysters in on-bottom deployments. The Commission voted, 7-0, to set a public hearing for the September Commission meeting.
21. REVIEW of the Army Corps of Engineers Lynnhaven Decision document to establish Lynnhaven River as the next priority site for native oyster restoration. Testimony from the Corps, Chesapeake Bay Foundation, VIMS and staff was given in support of moving to the Lynnhaven River as the next oyster restoration site. There was a industry comment from one person, who felt the site was wrong. The Commission voted, 7-0, to send a letter of intent to the U. S. Corps of Engineers that the agency will participate in the oyster restoration project in the Lynnhaven River subject to availability of funds and provided the value of the shells planted be part of the state's match.
22. REQUEST FOR PUBLIC HEARING: 1) Amendments to Regulation 310 to exempt shellfish seed stock from certain condemned shellfish relay provisions and 2) Amendments to Regulation 720 establishing the 2005/2006 oyster harvest seasons. The Commission voted, 7-0, to set the public hearings for the September commission meeting.
23. FAILURE TO REPORT Commercial Harvest; consideration of individual cases. The Commission voted, 7-0, to put a waterman on probation for one year and told him his reports must be brought up-to-date.
24. RECOMMENDATIONS of the Commercial Fishing Advisory Board. The Commission voted, 7-0, to give $30,000 for part of the federal Wallop-Breaux match.
25. PUBLIC COMMENT: Commission Associate Member Russell Garrison asked that a major public dissemination be conducted regarding new recreational measures for the fall of 2005 regarding striped bass.
PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval; Approved in Item 2)
2A. NEWPORT NEWS DEPARTMENT OF ENGINEERING, #05-0770,
requests authorization to replace existing concrete pipes under Church Street
and Normandy Lane with larger capacity box culverts (10' by 4') to reduce street
flooding from Deep Creek, Hogge Pond and Normandy Lake in the City of Newport
2B. COLUMBIA GAS TRANSMISSION CORPORATION, #04-2010, requests authorization for replacement or repair of gas pipeline (VM-107) segments at multiple stream crossings, as needed, in Goochland, Henrico, Chesterfield, and Prince George Counties. Recommend our standard instream conditions.
2C. COLUMBIA GAS TRANSMISSION CORPORATION, #05-0829, requests authorization for replacement or repair of gas pipeline (VM-108) segments at multiple stream crossings, as needed, in Goochland, Powhatan, Chesterfield, Dinwiddie and Prince George Counties and the Cities of Colonial Beach and Petersburg. Recommend our standard instream conditions.
2D. HENRY COUNTY PUBLIC SERVICE AUTHORITY, #03-2332, requests authorization to revise an existing permit to allow the construction of eight (8) aerial, steel encased, PVC sewer lines above Blackberry Creek as part of the Northwest Henry County Sewer Improvement Project. The eight crossings, specified as numbers 16-23, will span a total of approximately 259 linear feet of State-owned submerged bottom and vary in height from 6-inches to 24-inches above ordinary high water. No instream work will be necessary for the construction of the aerial crossings.
2E. MARINE CORPS BASE QUANTICO, #05-1149, requests authorization to replace an existing bridge with four 10-foot wide, by 11-foot high, by approximately 125-foot long box culverts, underlain by a 9-inch thick gravel pad, and overlain by fill material tapered to a finished grade approximately 31 feet above ordinary high water, with a 24-foot wide roadway with 9-foot wide shoulders, crossing approximately 21 linear feet of Beaverdam Run at the Bridge 9 site on Marine Corps Base Quantico in Stafford County. The proposed project also includes the installation of approximately 629 cubic yards of riprap bank stabilization and channel scour protection, channelward of ordinary high water, along approximately 86 total linear feet upstream and downstream of the culverts.
2F. TOWN OF WYTHEVILLE, #05-1442, requests authorization to cross Reed Creek in two (2) locations near the I-81 highway bridge crossing with a concrete-encased water line, buried a minimum of 12-inches below the natural creek bed, as part of a water line extension project to serve the south side of the Progress Park commercial development in Wythe County. Recommend approval with the inclusion of the Division's standard in-stream construction conditions.
2G. NORTHROP GRUMMAN NEWPORT NEWS, #05-1746, requests authorization to construct a 12,750 square foot, open-pile steam generation facility adjacent to Pier 3 to provide steam for the testing of aircraft carrier internal systems at their facility situated along the James River in Newport News. Recommend approval pending expiration of the public comment period ending August 25, 2005, and removal of the entire structure from State-owned subaqueous land by August 2008.
2H. DEPARTMENT OF THE ARMY, #05-0937, requests authorization to install 15 334-foot long by 94-foot wide breakwaters and place 165,000 cubic yards of associated beach nourishment, filling 18,600 square feet of State-owned submerged lands to be placed along the shoreline from Battery Parrott to the end of the existing seawall at Dog Beach adjacent to property situated along the Chesapeake Bay in Hampton.
2I. DEPARTMENT OF THE ARMY, #05-0938, requests authorization to install 3,320 linear feet of concrete seawall aligned no farther than two (2) feet channelward of an existing deteriorated seawall which will result in the filling of 9,960 square feet of State-owned submerged lands, and the installation of 3,320 linear feet of riprap with a base width of 25 feet, channelward of the new seawall to be installed from Battery Parrott to the Chamberlin Hotel adjacent to Ft. Monroe along Hampton Roads in Hampton.
NEXT MEETING: September 27, 2005