MEMBERS

Essex County Mr. David S. Whitlow

Gloucester County

Hon. Louise Theberge

King and Queen County Hon. Doris H Morris

King William County

Mr. Frank Pleva Chairman

Mathews County

Mr. Steve Whiteway

Town of Tappahannock Mr. G. Gayle Belfield, Jr.

Town of Urbanna

Hon. Janet S. Smith

Town of West Point Mr. Trenton Funkhouser

Saluda Professional Center

125 Bowden Street

P. O. Box 286

Saluda, VA 23149-0286

Phone: (804) 758-2311

FAX: (804) 758-3221

email:

PublicAccess@mppdc.com

MEMORANDUM TO: MPCBPAA

FROM: Lewie Lawrence, Director of Regional Planning DATE: February 3 , 2010 RE: February 12th PAA Meeting This announcement serves as notice to call a meeting of the Public Access Authority on Friday, February 12th, 2010 at or about 11:00 a.m. The meeting will be held in the MPPDC Regional Board Room in Saluda. Lunch will be provided.

As in years past, I have included a 2009 PAA At The Water’s Edge- Year in Review for your use with your local Board of Supervisors. Should you need additional hard copies, please let me or Jackie know.

All materials related to this agenda are attached. If you have any questions, please call (804-758-2311) or e-mail (LLawrence@mpppc.com) me at your convenience.

AGENDA

1. Welcome and Introductions 2. Approval of December 2009 Minutes 3. Financial Report 4. Public Comment 5. Shallow Water Dredging Master Plan Discussion- Section 22/Planning Assistance program 6. Mathews County Land Donation 7. Easement and public land acquisition impacts: Discussion of trends and tools 8. Living Shoreline project concept 9. Update on the claim of a prescriptive ROW across the Haworth 11. Other Business – 2009 At the Water’s Edge 12. Chairman Observations 14. Next Meeting 15. Adjourn

MIDDLE PENINSULA CHESAPEAKE BAY PUBLIC ACCESS AUTHORITY

MINUTES

Dec 18, 2009 Middle Peninsula Planning District Commission

Saluda, Virginia 1. Welcome and Introductions The Middle Peninsula Chesapeake Bay Public Access Authority held its meeting in the Middle Peninsula Planning District Commission Board Room in Saluda, Virginia, at 11 a.m. on December 18, 2009. Chairman Frank Pleva King, William County Administrator called the meeting to order. Members present were Steven Whiteway, Mathews County Administrator; Janet Smith, Town of Urbanna; Louise Theberge, Gloucester County and David Whitlow, Essex County Administrator. Also present were Hon Doris Morris, King and Queen Board of Supervisors; Lewis Lawrence, PAA staff; Tony Watkins and Chip Neikirk VMRC; Walt Priest NOAA Restoration Center Virginia Institute of Marine Science, Neville Reynolds VHB staff. 2. Approval of October 2009 Minutes Chairman Pleva requested a motion to approve the October 2009 minutes. Mr. Whitlow moved that the minutes be approved. Ms. Smith seconded the motion. Motion carried by unanimous vote. 3. Financial Report Chairman Pleva requested a motion to approve the October 2009 Revenue and Expenditure Report. Mr. Whiteway moved that the Report be approved. Mr. Whitlow seconded the motion, subject to audit. Motion carried by unanimous vote. 4. Public Comment - none 5. Shank Parcel- Wetland Mitigation Update: VHB Staff Neville Reynolds After a lengthy discussion concerning the existing high quality coastal habitat of the Shank parcel and the limited potential for wetland restoration, PAA Directors indicated the Shank parcel is best suited to remain as an undeveloped natural holding of the PAA until such time as another project with public benefit arises. It was suggested that staff again approach Gloucester County concerning Federal Emergency Management Agency-Gloucester County Hurricane Isabel acquisition parcels for consideration as wetland migration sites. 6. Shallow Water Dredging Master Plan – Lewis Lawrence, PAA staff presented the Army Corps offer to conduct a shallow water dredging master plan study under the Section 22/Planning Assistance program which is a 50% federal (Corps $30,000) and 50% local sponsor initiative ($30,000 local). PAA Directors asked that Corps staff attend the February 2010 PAA meeting to further discuss the Section 22 program and the benefit to localities for participation in the study. PAA Directors also advised staff to initiate scope of work-contract from the Virginia Coastal Zone Management Program at the Virginia Department of Environmental Quality and Virginia Sea Grant, Marine Advisory Services to fund the development of a framework for a Middle

Peninsula Shallow water Master Plan. 7. Browne and Haworth Tract User reports- Lewis Lawrence, PAA staff provided a report on the level of use by hunters on the Browne Tract and Haworth Tract. No action was taken. 8. Update on the VA Sea Grant PAA Public Access Website and Mathews Public Access Community Planning Process Lewis Lawrence, PAA staff provided an update on the joint Virginia Sea Grant Marine Advisory Services and the PAA-Public Access Website. Ms. Janet Smith emphasized the need for education related to public access and a section on the site with comprehensive definitions. No action was taken 9. Update on the claim of a prescription ROW across the Haworth land Lewis Lawrence, PAA staff provided an update on Mr. Norman claim asserting a right-of-way across the Hayworth Tract. Staff from the Nature Conservancy (TNC) continues to work with Mr Norman to find a “swap” parcel. If a swap can be agreed upon, TNC anticipated gifting the adjoining Norman parcel to the PAA. No action was taken. 10. Other Business The Hon. Doris Morris, King and Queen Board of Supervisors requested that the PAA staff work with the Sportsman Hunt Club in King and Queen for the purpose of allowing the Club access to the Clay Tract for deer hunting in exchange for club members offering to conduct habitat improvements and maintenance on the tract. A motion was made by Steve Whiteway and seconded by Louise Theberge directing staff to negotiate terms with the Sportsman Hunt Club that include limited hunting and controlled access to the Clay Tract in exchange for significant habitat enhancement and maintenance projects by Club members. 11. Chairman Observations None 12. Next Meeting- February 12th 2010 13. Adjourn Chairman Pleva requested a motion to adjourn the meeting. Mr. Whitlow moved that the motion be approve; Mr. Whiteway, seconded the motion. Meeting was adjourned.

Mathews County Public Access Donation

Parcel ID: 22 9 1 Property Address: Field Point Road

Moon, VA Mathews County

Legal Acrage: 9.119 Waterfront: 800 feet

Types of Structures: Dwelling (1178 sq feet)

Outbuildings: Pier Land Value: $294,700 Improvement Value: $11,000 Total Value: $305,700

Hall Parcel

Description of Parcel:

The Hall parcel (parcel ID 22 9 17) is 9.119

acres located on Field Point Road in Moon

Mathews County, Virginia (Figure 1). The majority

of this waterfront property is upland consisting of

densely forested mixed hardwood and pine trees

(Appendix A: Photo 1); the land transitions to

wetlands and gradually into a narrow sandy beach

(Appendix A: Photo 2). The beach abuts Billup’s

Creeks on eastern boundary which stretches

approximately 800 feet. Also at the water’s edge

there remains the framework of a prier

(Appendix A: Photo 3).

There is a 1178 square foot dwelling on the property that faces the waterfront.

According to the owner of the property the dwelling has not been visited since 1979. Therefore

the lack of upkeep and maintenance is apparent on the inside and the outside of the dwelling.

Description of Dwelling (inside and out):

The dwelling on the property was built in 1910 and sits approximately 157 feet from the

water. During a recent storm a section of roof had blown off, causing the 2nd floor to be

exposed to the outdoor elements. Although the beds within the house are made and the

furniture sits where it was left in 1979 there is noticeable mildew and water damage to the

interior. Within the imitate vicinity of the dwelling, that was once considered yard, there is now

considerable overgrowth of shrubs and pine trees (Figure 2). There is an electric hook to the

dwelling that is situated near the back porch (Appendix A: Photo 4). The floor plan of the

dwelling with corresponding pictures are located in Appendix B.

Issues to Consider:

There will be a variety of aspects to consider when acquiring this parcel of land:

1) Any special terms and conditions of the owner.

2) Maintenance of the home (high school vocational labor has been tentatively offered)

3) Considering the perceptions of adjoining land owners.

4) Currently the right-of-way on the property does not match the tax map right away. More

research concerning ROW is needed. Figure 3 below depicts the tax map right-of-way as well as

the right-of-way that is currently being used by visitors to the parcel.

THEN NOW

Figure 2: This is a photo comparison of how the property as changed over some years. The photo on

the left came from the Mathews County Commissioner of Revenue’s property description website

and the photo to the right was taken on January 31, 2010 which clearly depicts the overgrowth of

vegetation surrounding the dwelling

Figure 3: Tax map and current right-of-ways

Appendix A: Photos of the Hall Parcel

Photo 1: Upland of the Hall parcel

Photo 2: Wetlands transitioning into a narrow beach

Photo 3: Pier at the water’s edge

Photo 4: Electric hookup situated near back porch

Appendix B:

Supplemental Photos:

Front of dwelling Water view from 2nd floor window

Freshly cut cedar Apparent drive way-

Right-of-way

(overgrown trees

block the old road)

P.O. Box 286

Saluda, Virginia 23149

Phone: 804.758.2311

Fax: 804.758.3221

Mission The Authority recognizes that

shorelines are high priority natural

areas and that it is critical to set

aside access sites for all types of

recreational activities important to

our economy and to the citizens of

the Commonwealth of Virginia.

Members

Essex County

Mr. David S. Whitlow

Gloucester County

Hon. Louise Theberge (Vice Chairman)

King and Queen County

Hon. Pete McDuff

King William County

Mr. Frank Pleva

(Chairman)

Mathews County

Mr. Steve Whiteway

Town of Tappahannock

Mr. G. Gayle Belfield

Town of Urbanna

Hon. Janet S. Smith

(Treasurer)

Town of West Point Mr. Trenton Funkhouser

prove public access aware-ness. At present, this tem-plate is successfully being utilized by Maine Sea Grant, whom is considered the na-tional leader in public access issues. Specifically through the website Maine conveys the rights and responsibility of accessing the coast of Maine, while providing case studies and definitions of public access terminologies.

In summer 2009 the PAA and VSG were rewarded

As a regional leader in public access issues, the Middle Peninsula Chesapeake Bay Public Access Authority (MPCBPAA or PAA) under-stands the importance of pub-lic outreach and education as it relates to water access. Thus in April 2009, the PAA collaborated with Virginia Sea Grant (VSG) to apply for a grant through the National Oceanic and Atmospheric Association Nation Sea Grant Program. The grant offered a web based template to im-

PAA sets new policy

for Public Hunting

Management Plan Adopted for Haworth Tract In February 2009 the Thurston-Haworth Recreation Area management plan was adopted by the MPCBPAA. Located in King and Queen County, this 167.19 acre tract of land was acquired in 2007 through a federal grant from the Coastal and Estuarine Land Conservation Program (CELCP) distributed by the Virginia Coastal Zone Management (CZM) Program. The plan strikes a balance between protecting natural resources and meeting the recreational needs of the region.

To respond to hunting viola-tions that occurred on the Browne Tract in October 2008, the MPCBPAA devel-oped and adopted a new Game Law Violation Policy. This policy reflects the Boards low tolerance for all hunting violations on PAA land. To help stewardship and on-going maintenance, the PAA voted to implement an an-nual $25.00 fee for all PAA registered hunters prior to the start of the desired hunt-ing season. To date, 80 hunters have registered. Both actions by the Board impacts the management of PAA land, but will ultimately assist the PAA in maintaining the highest quality hunting experience for all registered hunters.

$6,000 to use the Maine’s web-based tool as a template for the Middle Peninsula and Virginia. Although much of the information on the tem-plate is transferrable, VSG is working to populate the web-site with information specific to assessing waters of the Commonwealth. By adapting the web based tool, the PAA can continue to strengthen education outreach and pri-vate public access assis-tance to residents and busi-nesses in the Common-wealth.

At the Water’s Edge

Collaboration fosters Development of a Virginia, Middle Peninsula

focused, Public Access Website

2009 in Review

Public Access Authority Project Revenues FY 2004-2009

Project Federal/State Regional Local Private

Browne Tract $392,000 $0 $0 $0

Browne Mgmt. Plan 8,000 ^569 0 0

BFI 0 0 0 37,500

Ches. Bay License 900 0 0 0

CELCP 989,477 0 0 *989,477

Shenk Acquisition 0 0 0 260,400

CZM Program Grants **74,320 0 0 0

PAA Insurance 0 3,073 0 0

Road Ending Study 60,495 ^122 0 0

Transportation Study 10,000 10,000 0 0

New Pt. Lighthouse 10,000 ^233 0 0

Coastal Experience 35,000 ^77 0 0

MPDSB SAG 5,000 0 0 0

FY07 Gen. Assembly 20,000 0 0 0

FY08 Gen. Assembly 75,000 0 0 0

VA Public Access Website*** 6,000 0 0 0

Hunting Registration 0 0 0 2,000

TOTAL $1,686,192 $14,064 $0 $1,289,377

Looking forward:

Shallow Water Dredging

Master Plan In April 2009, Representa-tive Robert Wittman met with the MPCBPAA and coastal localities to discuss funding for shallow water dredging projects. As funds for dredging projects be-come scarce Rep. Wittman suggested to explore the development of a Shallow Water Dredging Master Plan for Tidewater Virginia. This plan may suggest a regionally administered dredging program that would not only prioritize and address regional dredging issues in a timely manner, but it could reduce local dependence on the Federal funding. PAA is under contact with VDEQ Coastal Program to start this study.

Ongoing:

Public Access Master

Planning The MPBCPAA is working with Mathews Maritime Foundation, Mathews Mari-time Heritage Trail, and Mathews County to host a series of meetings to better understand public access needs and waterfront con-flicts specific to Mathews County. The information gathered at these meeting will serve a variety of pur-poses: (1) inform the County about public assess issues and concerns, (2) under-stand the assess needs and (3) to supplement the Re-gional Pubic Access Master Plan. This process will also act as a template for other Master Planning endeavors within other localities. For meeting times and locations please contact the PAA.

Accomplished:

Trails are Blazed on Clay The MPBCPAA partnered with Erik Hennigar on a Ea-gle Scout Project to blaze and demarcate a hiking trail within the Clay Tract. This trail will provide an opportu-nity for the general public to experience the Dragon Run watershed first-hand and gain an understanding of the surrounding ecosystem and its relation to the Chesa-peake Bay.

TOTAL FUNDS RECEIVED: $2,989,633

^ Overmatched project funds * TNC match for CELCP acquisitions ** Sum of all small installment grants from the CZM Program ***Joint project with Virginia Sea Grant