Commission Meeting, January 27, 2004

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. 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 property situated along the Elizabeth River in Portsmouth. Continued from December 22, 2003, meeting.

5. DONALD BRITTON, ET AL, #03-1873. Commission review of the October 23, 2003, decision of 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. Continued from the December 22, 2003 Commission meeting.

6. CYPRESS COVE VILLAS ASSOC., INC., #03-1578, requests authorization to install 1,100 linear feet of bulkhead aligned a maximum of two (2) feet channelward of the existing deteriorated bulkhead adjacent to their property situated along Lily Creek in the City of Portsmouth. The project is protested by nearby residents.

7. GREEN HILL BY THE BAY CONDOMINIUM OWNERS ASSOCIATION, #03-0895, requests authorization to construct a 150-foot long community pier with a 12' by 16' T-head at their property situated along Broad Bay in Virginia Beach. The project is protested by adjacent property owners.

8. MARSHAL B. COX SR., #03-061S; OTIS P. ASAL AND ROBERT A. SCOTT, #03-027S; D.S. LONG AND L.H. LONG, #02-053S, have requested authorization to lease 10, 5 and 7 acres respectively of Oyster Planting Ground along the Chesapeake Bay near the mouth of Old Plantation Creek in Northampton County. The projects are protested by nearby property owners.

9. PUBLIC COMMENTS

10. PUBLIC HEARING: Proposed amendment to Regulation 4VAC20-20-50,
providing relief to pound net fishermen.

11. Approval of procurement procedures for the 2004 Shad Restoration Program.

12. Discussion and request for public hearing: Vessel permit transfers in the
Summer Flounder fishery; Regulation 4VAC20-920-40.

13. BRIEFING: Virginia Saltwater Sport Fishing Tournament.

14. REPEAT OFFENDERS

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

2A. CAVALIER GOLF AND YACHT CLUB, #03-0279, requests authorization to construct two floating docks to provide 14 additional wet slips at their exiting marina situated along Little Neck Creek in Virginia Beach. Recommend an annual encroachment royalty of $335.80 for the encroachment over 6,716 square feet of State-owned subaqueous land at a rate of $0.05 per square foot.

2B. COLONIAL BEACH YACHT CENTER, #03-0144, requests authorization to hydraulically dredge approximately 37,000 cubic yards of subaqueous material to provide maximum depths up to minus eight (-8) feet at mean low water in conjunction with the redevelopment and reconfiguration of the Colonial Beach Yacht Center situated along Monroe Bay in Westmoreland County. The proposed redevelopment also includes the construction of 99 covered slips and 59 open slips on a combination of floating and fixed open-pile piers to replace the existing slips, a new 335 linear foot floating fuel pier, two 65 foot long travel lift piers to replace the existing travel lift facility, and a 500 linear foot floating pier extending into the Potomac River to support aquaculture and fishing activities. The floating piers are designed to house floating shellfish upweller units to support oyster aquaculture activities. Staff recommends a one-time royalty of $16,200.00 for the new dredging of 36,000 cubic yards of State-owned subaqueous bottom material at a rate of $0.45 per cubic yard and an annual royalty of $5,852.35 for the encroachment over 117,047 square feet of additional State-owned submerged land at an annual rate of $0.05 per square foot.

2C. ARMY CORPS OF ENGINEERS, #03-2261, requests authorization to hydraulically place approximately 40,000 cubic yards of dredged material, per dredge cycle, generated from the maintenance dredging of the Trout Creek to Kegotank Bay section of the WCV Federal Navigation Project channel into the surf zone along Metompkin Island, 3,000 feet south of Gargathy Inlet in Accomack County.

2D. RICHMOND DEPARTMENT OF PUBLIC WORKS, #03-2163, requests authorization to construct and backfill 164 linear feet of sheet pile retaining wall aligned up to 30 feet channelward of mean low water, resulting in the filling of 4,920 square feet of State-owned subaqueous lands at the Richmond Terminal Dock within the James River in the City of Richmond.

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.

The following are the agenda items from the Commission's regular January meeting held January 27, 2004 at Commission headquarters. The Commission's action is in bold.

1. MINUTES of previous meeting. The Commission voted, 5-0, to approve the minutes of the regular December and the special January 20, 2004 meetings.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted 5-0, to approve the permits.

3. CLOSED SESSION. The Commission held a closed session to hear from its legal counsel regarding litigation involving the City of Newport News.

4. 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 property situated along the Elizabeth River in Portsmouth. Continued from December 22, 2003, meeting. The Commission voted, 4-1 to approve the permit.

5. DONALD BRITTON, ET AL, #03-1873. Commission review of the October 23, 2003, decision of 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. Continued from the December 22, 2003 Commission meeting. The Commission voted 6-0 to remand the project to the Accomack County Wetlands Board and specifically asked it to consider several sections of the Code of Virginia.

6. CYPRESS COVE VILLAS ASSOC., INC., #03-1578, requests authorization to install 1,100 linear feet of bulkhead aligned a maximum of two (2) feet channelward of the existing deteriorated bulkhead adjacent to their property situated along Lily Creek in the City of Portsmouth. The project is protested by nearby residents. The Commission voted, 6-0-1 with Associate Member Cowart abstaining, to approve the permit.

7. GREEN HILL BY THE BAY CONDOMINIUM OWNERS ASSOCIATION, #03-0895, requests authorization to construct a 150-foot long community pier with a 12' by 16' T-head at their property situated along Broad Bay in Virginia Beach. Adjacent property owners protest the project. The Commission voted 7-0 to deny the permit.

8. MARSHAL B. COX SR., #03-061S; OTIS P. ASAL AND ROBERT A. SCOTT, #03-027S; D.S. LONG AND L.H. LONG, #02-053S, have requested authorization to lease 10, 5 and 7 acres respectively of Oyster Planting Ground along the Chesapeake Bay near the mouth of Old Plantation Creek in Northampton County. The projects are protested by nearby property owners. The Commission voted, 6-0-1, to continue until its February meeting the requests of Otis P. Asal and Robert A. Scott. It also voted 6-0-1 with Associate Member Ballard abstaining, to deny the lease requests of Marshall B. Cox Sr. and D.S. And L.H. Long

9. PUBLIC COMMENTS: Waterman Fred Lynton from Saxis asked the Commission to open eight oyster rocks in Pocomoke Sound and extend the oyster season in Tangier Sound. The Commission set a public hearing for its February meeting.

10. PUBLIC HEARING: Proposed amendment to Regulation 4VAC20-20-50, providing relief to pound net fishermen. The Commission voted, 7-0, to amend the regulation that would not require pound net fishermen to set nets this year to maintain their priority ranking.

11. Approval of procurement procedures for the 2004 Shad Restoration Program. The Commission voted, 7-0, to approve the procurement procedures.

12. Discussion and request for public hearing: Vessel permit transfers in the Summer Flounder fishery; Regulation 4VAC20-920-40. The Commission voted, 7-0, to hold a public hearing at its February meeting.

13. BRIEFING: Virginia Saltwater Sport Fishing Tournament. Claude Bain, tournament director, made the report.

14. REPEAT OFFENDERS: The cases of four watermen were heard regarding repeat offenses in one year. All were placed on one-year probation.

NEXT MEETING: February 24, 2004