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COMMISSION ACTIONS NOVEMBER 2006

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 ]


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