Commission Meeting, December 22, 2003

1. MINUTES of previous meeting.

** APPROVAL OF MINUTES.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval.)

3. CLOSED SESSION.

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.

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.

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. The project is protested by three nearby property owners.

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. The project is protested by an adjacent property owner.

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 project is protested by the Arlington Plantation Homeowner's Association and a nearby oyster ground leaseholder.

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.

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. The project is protested by a nearby property owner.

11. PUBLIC COMMENTS

12. Public Hearing: Proposed amendment to Regulation 4VAC20-720 -10 et seq. to adjust the oyster harvest season in the James River.

13. Mr. Willis Kirk: request for a Sumer Flounder endorsement License

14. Request for emergency relief from the provisions of Regulation 4VAC20-20-10 et seq., "Pertaining to the Licensing of Fixed Fishing Devices"

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.

PAGE 2 ITEMS (Projects over $50,000 with no objections and with staff recommendation for approval)

2A. VULCAN CONSTRUCTION MATERIALS, INC., #97-1346, requests a modification to a previously authorized project to allow maintenance dredging of sp9illed aggregate on an as-needed basis of a maximum of 3,000 cubic yards of material adjacent to their off-loading pier situated along the Eastern Branch of the Elizabeth River in the City of Norfolk.

2B. HAMPTON YACHT CLUB, #98-1507, requests reactivation and extension of their previously authorized project to realign three (3) existing permitted concrete floating finger piers and replace 42 fixed timber wetslips and a 37-foot long by 27-foot wide timber deck totaling 5,236 square feet with concrete floating piers to accommodate 43 wetslips and a 37-foot wide by 32-foot concrete floating deck totaling 6,510 square feet. The renovation will require the dredging of 1,600 cubic yards of State-owned submerged bottom to the minus eight (-8) feet contour). All dredged material will be transported to Craney Island for disposal.

2C. JAMES COVINGTON, #03-1915, requests authorization to install a private mooring buoy at 37( 37' 57.2" north latitude, 76( 19' 11.9" west longitude, approximately 800 feet channelward of his property situated along Fishing Bay in Middlesex County. The proposed mooring is located on Additional Public Ground defined in §28.2-646 of the Virginia Code.

2D. JOHN E. McPHERSON, 03-1984, requests authorization to dredge 5,000 cubic yards of subaqueous material to maintain and deepen to minus nine (-9) feet, a previously authorized 50-foot by 1,000-foot navigation channel adjacent to his property along Fishing Bay in Middlesex County. The proposed dredging is located on Additional Public Ground defined in §28.2-646 of the Virginia Code. Recommend approval with dredging royalty of $1,800.00 for the new dredging of 3,000 cubic yards of State-owned subaqueous land at $0.60 per cubic yard.

2E. MID-ATLANTIC HOLDINGS, #03-1107, requests authorization to construct a 24-slip community facility at their property situated along Queen's Creek in York County.

VMRC DOES NOT DISCRIMINATE AGAINST INDIVIDUALS WITH DISABILITIES; THEREFORE, IF YOU ARE IN NEED OF REASONABLE ACCOMMODATIONS DUE TO A DISABILITY, PLEASE ADVISE KATHY LEONARD (757-247-2200) NO LATER THAN FIVE WORK DAYS PRIOR TO THE MEETING DATE AND IDENTIFY YOUR NEEDS.

FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT MANAGEMENT PROJECTS ON THIS AGENDA.

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.