lang="en"> COMMISSION ACTIONS NOVEMBER 2002

COMMISSION ACTIONS NOVEMBER 2002

NOVEMBER 2002 COMMISSION ACTIONS

Agenda Items for the November 26, 2002 Commission meeting are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting. The Commission voted, 7-0, to approve the minutes.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 7-0, to approve the "Page Two" permit applications.

3. SUNSET DEVELOPMENT, L.L.C., #02-0361. Commission review on appeal of the Virginia Beach Wetlands Board's March 18, 2002, after-the-fact decision and restoration order pertaining to a request to retain, as constructed, a single-family residence with concrete driveway, gravel parking area and timber decks involving a coastal primary sand dune and beach in Virginia Beach. The Commission voted, 6-1, to remand the permit to the Virginia Beach Wetlands Board.

4. HUGH DELAUNEY: Commission review on appeal by the property owner of a September 2002 enforcement action for impacts to a jurisdictional primary coastal sand dune situated along the Chesapeake Bay in the City of Norfolk. The Commission voted, 7-0, to remand the permit to the Norfolk Wetlands Board.

5. INLAND HARBOR PROPERTY OWNERS ASSOCIATION, #99-2313, requests a modification to a previously issued permit for authorization to construct a 32-foot long continuous height extension to an existing timber jetty, and to dredge 130 cubic yards of sandy bottom material to provide depths of minus six (-6) feet at mean low water adjacent to property situated at the mount of Warehouse Creek in Northumberland County. The Commission voted, 7-0, to approve the permit.

6. NEWELL'S BOAT WORKS, INC., #02-1324, requests authorization to install 313 linear feet of bulkhead, 84 linear feet of riprap and to dredge to minus five (-5) feet below mean low water, with some areas to minus seven (-7) feet below mean low water, adjacent to their facility situated along Scotts Creek in the City of Portsmouth. The Commission voted, 7-0, to approve the permit.

7. TANGIER OIL COMPANY, #01-0588, requests after-the-fact authorization to retain a 12-foot by 7-foot gas shed, a 14-foot extension to the new fuel pier, and to retain the old fuel pier, which was to be removed along Mail Boat Harbor in the Town of Tangier. The Commission voted, 6-1, to approve the permit.

8. ROBERT S. HUMPHRIES, #02-1556, requests after-the-fact authorization to retain 115 linear feet of replacement vinyl bulkhead aligned a maximum of two (2) feet channel ward of a deteriorated wooden bulkhead, and authorization to construct an additional 110 linear feet of replacement bulkhead adjacent to his property situated along Meachim Creek in Middlesex County. The Commission voted, 7-0, to approve the after-the-fact permit with triple permit fees.

9. ATACK PROPERTIES, #02-0441, requests authorization to construct a community boa tramp 16 feet in width, extending approximately 12 feet channelward of mean low water, adjacent to their property situated along the Rappahannock River in Richmond County. The ramp is for the private use of a new six (6) lot subdivision. An adjacent property owner protests the project. The Commission voted, 7-0 to approve the permit.

10. ARMY CORPS OF ENGINEERS, #02-1648, requests authorization to place up to 200,000 cubic yards of dredged material from the maintenance of Sloop Channel and North Channel, part of the WCV, in Accomack County, upon two previously used spoil sites in Hog Island Bay. Wetlands and Subaqueous permits are required. The Commission voted, 8-0, to approve the permit.

11. ARMY CORPS OF ENGINEERS, #02-0523, requests a modification to their previously issued permit to allow for the use of a sidecast dredge to remove a shoal in the entrance channel portion of the Rudee Inlet Federal Project Channel in the City of Virginia Beach. The Commission voted, 8-0, to approve the permit.

12. PUBLIC COMMENTS: A member of the Tangier Watermen's Association asked the Commission to take emergency action and increase the weight limits on the oyster dredge in Tangier and Pocomoke sounds. The Commission agreed and voted, 8-0, for the emergency regulation. A full public hearing on the regulation will be held at the Commission's December meeting. The Commission voted, 8-0, to approve the permit.

13. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-252-10 et seq., "Pertaining to the Taking of Striped Bass," to allocate the coastal striped bass fishery quota. Following a lengthy public hearing, the Commission decided to defer final action until its Dec. 17th meeting.

14. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest," to improve the reporting of oyster harvests. Following a lengthy public hearing, the Commission decided to establish a study committee that will report to the Commission prior to the establishment of the 2003-04 oyster harvest season.

15. PUBLIC HEARING: Proposed amendments to Regulation 4 VAC 20-754-10 et seq., "Pertaining to Importation of Fish, Shellfish, or Crustacea," to establish requirements for the importation of hard clam seed from South Carolina and Florida. The Commission voted, 7-0-1, to approve the regulation. (Associate Member Ballard abstained.)

16. PUBLIC HEARING: Proposed amendments to Regulations 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to establish management measures and allocation of quota for the 2003 and 2004 commercial fisheries. Following a lengthy public hearing, the Commission decided to defer final action until its Dec. 17th meeting.

17. American Shad: Proposed 40 percent reduction in the 2003 coastal intercept fishery. There is a request for public hearing. The Commission set a public hearing for its Dec. 17th meeting,

18. Red Drum: Establishment of 2003 possession and size limit restrictions. Request for public hearing. The Commission set a public hearing for its Dec. 17th meeting,

19. Tautog: Establishment of 2003 possession and size limit restrictions. Request for public hearing. The item was pulled from the agenda.

20. Recommendations of the Recreational Fishing Advisory Board. The Commission voted, 7-0, to approve the projects as recommended by staff

21. Oyster Hand Scrape: Report of Committee examining weight limits. The Committee recommended that no action be taken and the Commission agreed.

22. Report on status of Temples Bay oyster area. The Commission voted, 8-0, in emergency regulation effective today (Nov. 27) to open Temples Bay hand scrape area through Jan. 15, 2003. Temples Bay is just upstream of the Norris Bridge (Rt. 3) on the south side of the Rappahannock River. The Commission will hold a public hearing on the permanent regulation at its Dec. 17th meeting.

DATE OF NEXT REGULAR MONTHLY COMMISSION MEETING: DECEMBER 17, 2002

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