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COMMISSION ACTIONS SEPTEMBER 2002

SEPTEMBER 2002 COMMISSION ACTIONS

Agenda Items for the September 24, 2002 Commission meeting are listed below with the Commission's actions in bold.

1. APPROVAL OF MINUTES - August 27, 2002 The Commission approved the minutes.

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

3. RICKY EDGERTON, #02-0452, requests authorization to construct a 42-foot long by 16-foot wide private, non-commercial, open-sided boathouse adjacent to his property situated along Chisman Creek in York County. The project is protested by an adjoining property owner and nearby residents. The Commission voted, 6-2, to deny the permit.

4. M. BLANTON WHITLOW, #02-0893, requests after-the-fact authorization to retain and complete a 170-foot long by 8-foot wide and 4-foot high riprap marsh toe stabilization revetment. Approximately 3,000 square feet of subaqueous bottom will be backfilled and planted with Spartina alterniflora plugs. The Commission voted, 8-0, to approve the permit.

5. LEE DALE SHORES PROPERTY OWNERS ASSOCIATION, #02-0990, requests authorization to construct a 42-foot long, by 6-foot wide, L-head extension and install three (3) associated mooring piles onto an existing 190-foot long, open-pile, timber, community pier adjacent to their property situated along Barrett's Creek in Northumberland County. The project is protested by Dr. Stephen Radcliffe an adjacent property owner. The Commission voted, 8-0, to approve the permit.

6. TOM EVELYN, #00-0519, requests after-the-fact authorization to retain a previously constructed and unauthorized 11-foot by 25-foot roof/deck, with railing and stairs over the applicants existing private, non-commercial, open-pile pier, as well as a request to extend a previously authorized and constructed concrete boat ramp an additional 15 feet channelward, at the applicant's property situated along the Pamunkey River in New Kent County. The Commission voted, 7-1, to deny the after-the-fact permit on the reef, but approved the boat ramp. The property owner was directed to remove the roof.

7. LARRY BRYANT, #02-1643, requests after-the-fact authorization to retain a previously constructed 19-foot by 19-foot roof structure over the channelward T-head of the applicant's non-commercial, private, open-pile pier at his property situated along the James River in the City of Suffolk. The Commission voted, 7-0, to deny the after-the-fact permit and directed the property owner to remove the roof with 30-60 days.

8. JAMES CITY COUNTY DIVISION OF PARKS AND RECREATION, #02-1176, requests authorization to construct one (1) 8-foot by 12-foot open-pile pier; one (1) 10-foot by 12-foot open-pile pier; two (2) 6-foot by 10-foot open-pile piers; one (1) 8-foot by 16-foot open-pile tending pier and to construct a 20-foot by 24-foot tiered canoe and kayak launch ramp at the Powhatan Creek Water Access Park. The project is protested by a number of local residents. The Commission voted, 8-0 to approve the permit.

9. DISCUSSION: Request by Ebb Tide Nursery and Waters Edge Nursery to harvest Spartina alterniflora seed heads from State-owned marshes in the Great Gap and Middle Gap areas of Upshur Bay, southeast of the Town of Quinby in Accomack County. The seeds will be used to generate plants used in shoreline stabilization and mitigation/compensation projects. The Commission voted, 8-0 to approve the request by the two nurseries.

10. DISCUSSION: Request from the Rappahannock Preservation Society to retrieve an "oyster reef module," previously deployed at the Steamer Rock artificial oyster reef on Public Ground near Mosquito Point along the Rappahannock River. The stated reasons for the request are to obtain an accurate count of oyster and oyster spat set, the removal of 10 oysters for disease testing, and to determine the cost and feasibility of using the reef site as an "oyster reef module inoculation facility." The Commission voted, 8-0, to approve the request with the understanding that VMRC staff personnel will observe the removal process.

11. OYSTER GROUND: Request by David Ira Smith, Sr., of Willis Wharf for a 40+ acre assignment in Hog Island Bay. Mr. Smith has requested a formal hearing on the staff decision to deny the assignment applied for. The Commission voted, 7-0-1 with Associate Member Ballard abstaining, to deny the request for the assignment.

12. PUBLIC COMMENTS: There were three persons who spoke: a waterman asked to have his permits restored after his commercial fishing license had been revoked for two years; a Coastal Conservation Association of Virginia representative asked the Commission to review requirements of striped bass allocations for the coastal quota; and Tangier watermen requested that a portion of the dredging laws that call for one ticket and the loss of their dredging license for the remainder of the year to be revoked.

13. PUBLIC HEARING: Proposed Amendments to Regulation 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" to establish oyster harvest areas, catch limits, times, and seasons for 2002-2003. The Commission voted, 7-1, to approve the proposed season including these changes: Deep Rock season, February and March; Rappahannock River season, Oct-15-Jan. 15 from Norris Bridge to Morratico Bar; Tangier Island area season, December and January.

14. PUBLIC HEARING: Proposed Amendments to Regulation 4 VAC 20-430-10 et seq., "Pertaining to the Marking and Minimum Mesh Size of Gill Nets." The Commission voted, 8-0, to approve the amendments and to set for public hearing at the October 22, a request to change the wording relating to the color of the flag and bouys.

15 PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-754-10 et seq., "Pertaining to Importation of Fish, Shellfish or Crustacea." The Commission voted, 7-0-1 with member Ballard abstaining, to approve amendments.  A full briefing memorandum from Fisheries Management will follow.

16. RECOMMENDATIONS OF THE RECREATIONAL FISHING ADVISORY BOARD


DATE OF NEXT COMMISSION MEETING: OCTOBER 22, 2002

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