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COMMISSION ACTIONS FEBRUARY 2004

FEBRUARY 2004 COMMISSION ACTIONS

The following are the agenda items from the Commission's regular February meeting held February 24, 2004 at Commission headquarters. The Commission's action is in bold.


1. MINUTES of previous meeting. The Commission voted, 8-0, to approve the minutes of the December and January meetings as presented.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 8-0, to approve the permits with staff recommendations. 

3. CLOSED SESSION. The Commission held two closed sessions during this meeting to discuss legal matters associated with the King William Reservoir. After coming out of the second session, the Commission voted, 8-0, to enter into an agreement with the City of Newport News to conduct a supplemental hearing on the King William Reservoir.

4. VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS, #03-0641. Commission update by City representatives regarding the status of their permit to undertake improvements to the Rudee Inlet infrastructure to reduce shoaling in the inlet, improve navigation and increase the efficiency of maintenance dredging operations. The Commission listened to the brief update.

5. CHARLES W. DAVIS, #03-1147. Commission review on appeal of 25 or more freeholders of the January 22, 2004 decision by the Essex County Wetlands Board to approve a permit to construct a community fishing pier, a launch ramp for personal watercraft and canoes, and a vinyl bulkhead at community property situated along Piscataway Creek in Essex County. The Commission voted, 8-0, to uphold the Essex Wetlands Board's decision.

6. CITY OF HAMPTON, et al, #03-0740, requests authorization to dredge, by hydraulic method, and to a maximum depth of -35 feet below MLW, 522,000 cubic yards of beach-quality sand from a 38-acre area of Horseshoe Shoals. 281,000 cubic yards of the material will be pumped and deposited along 3,785 linear feet of shoreline at Buckroe Beach, and 241,000 cubic yards of the material will be placed on 2,050 linear feet of public beach located near Salt Ponds. The Commission voted, 8-0, to approve the permit. 

7. MOBJACK MARINA, INC., #03-1221, requests authorization to construct one (1) 90-foot long timber bulkhead, one (1) 90-foot long timber jetty, six (6) 3-foot wide by 45-foot long finger piers, six (6) 3-foot wide by 30-foot long finger piers, install one (1) mooring buoy, creating a total of 11 mooring spaces, dredging 7,647 cubic yards of subaqueous material creating a 50-foot wide by 1,000-foot long channel with a depth of minus eight (-8) feet at mean low water adjacent to their property situated along the East River in the village of Mobjack in Mathews County. The project is protested by a nearby property owners and an oyster ground leaseholder. The Commission voted, 8-0, to approve the permit.

8. BUBBA'S MARINA, #01-1979, requests authorization to construct 2,087 square feet of open-pile commercial wharf to accommodate a commercial, open-pile building for a proposed wholesale/retail fish market and commercial seafood unloading dock, at their existing restaurant and marina facility situated adjacent to the Lynnhaven River in Virginia Beach. The Commission voted, 7-0, to approve the permit.

9. ED CALL, et al, #03-2456, requests authorization to install 495 linear feet of bulkhead on the beach across nine (9) properties situated along the Chesapeake Bay in Hampton. A Coastal Primary Sand Dune and Beaches permit is required. The Commission voted, 8-0, to approve the permit.

10. SUE ROMAN, #03-2377, requests authorization to install 55 linear feet of bulkhead on the beach at her property situated along the Chesapeake Bay in Hampton. A Coastal Primary Sand Dune and Beaches permit is required. The Commission voted, 8-0, to approve the permit.

11. MARK HEFLIN, #03-2404, requests authorization to install and backfill 60 linear feet of bulkhead on the beach at his property situated along the Chesapeake Bay in Hampton. A Coastal Primary Sand Dune and Beaches permit is required. The Commission voted, 7-0, to approve the permit but restricted the distance to 30 feet from the street.

12. LEE ANDERSON, #04-0104, requests authorization to expand an existing elevated deck on the beach at his property situated along the Chesapeake Bay in Hampton. A Coastal Primary Sand Dune and Beaches permit is required. The Commission voted, 8-0, to approve the permit.

13. OTIS P. ASAL AND ROBERT A. SCOTT, #03-027S, request authorization to lease approximately Five (5) acres of Oyster Planting Ground in the Chesapeake Bay near the mouth of Old Plantation Creek. The project is protested by nearby property owners.  The Commission voted, 6-1 with Associate Member Ballard abstaining, to approve the request to lease 2.73 acres of ground.

14. PUBLIC COMMENTS

15. DISCUSSION: Request by Staff to set aside an area at the mouth of Plantation Creek for at least ten (10) years. The Commission voted, 8-0, to set aside the area. 

16. Public Hearing: Proposed amendments to regulation 4VAC20-920-10 et seq., "Pertaining to Landing Licenses" modifying requirements for the transfer of summer flounder endorsement licenses. The Commission voted, 8-0, to approve the amendments.

17. Public Hearing: Proposed amendments to Regulation 4VAC20-720-10 et seq., "Pertaining to Restrictions on Oyster Harvest" to open an oyster hand scrape area in Pocomoke Sound and to extend the oyster dredge season in the Pocomoke-Tangier Sound Management Area. The Commission voted, 7-0, to approve the amendments and in emergency action voted, 7-0, to extend the current opening of the areas in the James River until the end of March. 

18. Scup and Black Sea Bass: Request for public hearing to establish 2004 fishing requirements. The Commission voted, 7-0, to set a public hearing for the March 23rd meeting. 

19. Summer Flounder: Request for public hearing to establish 2004 recreational fishing requirements.  The Commission voted, 7-0, to set a public hearing for the March 23rd meeting. 

20. Consideration of the 2004 Oyster Restoration Program and approval of the procurement procedures. The Commission voted, 8-0, to approve the procurement procedures. 

21. Violations of Mandatory Reporting Requirements.  The fisherman was not present, so the case was  carried over to the March meeting.

22. REPEAT OFFENDER:   One case was heard; the individual was put on one year probation.


NEXT MEETING:  March 23,  2004

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