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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

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