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 ]
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.
The Commission voted, 8-0, to approve the pier and slips as
proposed, and assessed a $4,860 royalty for the encroachment over 3,240
square feet of state-owned bottom at the rate of $1.50 per square foot.
[ Audio
Items 7 ]
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.
The Commission voted, 7-0-1, with Mr. Schick abstaining, to approve the permit with staff recommendations.
[ Audio
Items 8 ]
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 ]
