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DECEMBER 2003 COMMISSION ACTIONS
The following are the agenda items from the Commission's regular
December meeting held December 22 at Commission headquarters. The
Commission's action is in bold.
1. MINUTES of previous meeting. The Commission voted, 5-0, to approve the
minutes as presented.
2. PERMITS (Projects over $50,000 with no objections
and with staff recommendation for approval). The Commission voted, 5-0, to approve the
five projects per staff recommendations.
3. CLOSED SESSION. No Closed session was required.
4. DONALD BRITTON, ET AL, #03-1873. Commission review
of the October 23, 2003, decision by the Accomack County Wetlands Board
to approve the filling of 4,500 square feet of vegetated wetlands along
Chincoteague Channel in the Town of Chincoteague, Accomack County.
Counsel for the applicant asked that the item be deferred until the
Commission's January 27th. The
Commission voted, 5-0, to approve the request.
5. APM TERMINALS VIRGINIA, INC., #02-1913, requests
authorization to develop a marine container terminal facility and to
maintenance dredge on an as-needed basis, adjacent to their property
situated along the Elizabeth River in Portsmouth. The Commission voted, 5-0, to defer action
on the permit until its January 27th meeting to allow staff and
applicant to further discuss dredging royalties.
6. TOWN OF URBANNA, #03-1545, requests authorization
to renovate the Upton's Point Marina facility situated along Urbanna
Creek in the Town of Urbanna. Three nearby property owners
protests the project. The Commission
voted, 5-0, to approve the permit along the lines of the staff
recommendation with the additional requirements that the longer pier is
reduced 30 feet and that the platform be widened from 6 to 8 feet.
7. LEWISETTA MARINA, INC., #03-2326, requests
authorization to reconstruct a 21-foot wide by 30-foot long commercial
T-head and construct two (2) new 38-foot long by 6-foot wide finger
piers. Additional after-the-fact authorization is sought to
retain a 40-foot long by 5-foot wide commercial finger pier adjacent to
their property situated along the Coan River in Northumberland
County. An adjacent property owner protests the project. The Commission voted, 5-0, to approve the
after-the-fact permit with the addition of a $600 civil charge in lieu
of further enforcement action.
8. BAYMARK CONSTRUCTION CORP., #03-1185, requests
authorization to install five (5) 230-foot long stone offshore
breakwaters and nourish the beach adjacent to their property along the
Chesapeake Bay near Allegood Pond in the Town of Cape Charles,
Northampton County. The Arlington Plantation Homeowner's Association
protests the project along with a nearby oyster ground leaseholder. The Commission voted, 5-0, to approve the
permit according to the staff recommendation.
9. TOWN OF BLACKSBURG, #00-1695, requests
authorization to cross Toms Creek in 11 locations with a sanitary sewer
collection pipeline that will be encased in concrete and buried a
minimum of two (2) feet below the natural creek bed. Several
residents along the proposed pipeline route protest the project. The Commission voted, 4-0, to approve the
permit.
10. JOAN T. KARTER AND RONALD M. PONT, #2003-011,
request authorization to lease 5.55 acres of Oyster Planting Ground
along Chincoteague Channel in the Town of Chincoteague, Accomack
County. A nearby property owner protests the project. The Commission voted, 5-0, to approve the
request.
11. PUBLIC COMMENTS: There
were no comments.
12. Public Hearing: Proposed amendment to Regulation
4VAC20-720 -10 et seq. to adjust the oyster harvest season in the James
River. The Commission voted, 5-0, to
approve the advertised amendments.
13. Mr. Willis Kirk: request for a Summer Flounder
endorsement License. The Commissioner
referred Mr. Kirk's request and the subsequent larger issue of persons
seeking exceptions to the Summer Flounder endorsement license process
to the Finfish Management Advisory Committee.
14. Request for emergency relief from the provisions
of Regulation 4VAC20-20-10 et seq., pertaining to the Licensing of
Fixed Fishing Devices" The Commission
voted, 5-0, to approve the emergency provisions.
15. Public Hearing: Proposed amendments to Regulation
4VAC20-252-10 et seq., "Pertaining to the Taking of Striped Bass" to
establish provisions for the 2004 harvest season. The Commission voted, 5-1, to approve the
striped bass season and quotas as required by the Atlantic States
Marine Fisheries Commission for 2004, but deferred for one year any
decision on whether to change from a tag-based harvest process to a
poundage-based system. Staff and the Fisheries Management Advisory
Committee will study the alternatives during the coming year.