Agenda Items for the delayed September Commission meeting (held October 7, 2003) are listed below with the Commission's actions in bold.
1. MINUTES of previous meeting. The Commission voted, 6-0, to approve the minutes as circulated.
2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 7-0, to approve the permits as presented.
3. CLOSED SESSION. No session was held.
4. WICOMICO PINES HOMEOWNERS ASSOCIATION, #03-1481. Commission review on appeal by the Iconic Pines Homeowners Association of the August 7, 2003, decision by the Northumberland County Wetlands Board to deny a permit to construct a 25-foot wide by 50-foot long gravel boat ramp adjacent to property situated along the Little Iconic River in Northumberland County. The Commission voted, 7-0, to uphold the decision of the Northumberland County Wetlands Board to deny the permit.
5. DANIEL R. NEWTON, #03-1389. Commission will review the July 24, 2003 decision of the McCormack County Wetlands Board that approved the filling of 6,000 square feet of vegetated wetlands along Chersonese Creek in the Schooner Bay area of McCormack County. The Commission voted, 7-0, to defer this case until its October 28th meeting.
6. VIRGINIA DEPARTMENT OF TRANSPORTATION, #02-0950, requests authorization to replace the existing bridges over Black Narrows and Chincoteague Channels with a single 5,819-foot long, low-level bridge and bascule span structure on a new alignment beginning at the western side of Black Narrows Channel and terminating at Maddox Boulevard on Chincoteague Island in Accomack County. The new bridge structure will include a 751-foot long connector road to Marsh Island. Many residents of Chincoteague and Marsh Island protest the proposed bridge alignment. The Commission voted, 5-2 to grant the permit.
7. RICHMOND METROPOLITAN AUTHORITY, #02-1025, requests authorization to relocate 383 linear feet of stream channel and extend an existing box culvert an additional 83 linear feet within Powhite Creek as part of a proposed widening of Powhite Parkway in the City of Richmond. Two adjoining property owners protest the project. The Commission voted, 7-0, to approve the permit.
8. PUBLIC COMMENTS: Captain Bob Jensen of the Rappahannock Preservation Society asked the Commission to support a planned legislative amendment regarding the use of Baylor Ground. It was suggested to him that he come back to the Commission when he had the proposed legislation drafted.
8A. HURRICANE ISABEL: A proposed resolution was presented to the Commission by Robert Grabb, Chief, Habitat Management Division, regarding the process of helping property owners under restoration of water structures damaged by the recent hurricane. The Commission voted, 7-0, to approve the following resolution:
"In an effort to address the impacts attributable to Hurricane Isabel on the healthy, safety and general welfare of the citizens of the Commonwealth, and in an attempt to expedite the return of impacted areas and structures to pre-event conditions insofar as is possible, the Virginia Marine Resources Commission hereby resolves that no permit for encroachments over State-owned submerged lands shall be required to replace previously permitted structures that conform with the following criteria:
9. PUBLIC HEARING: proposed amendments to regulation 620 to establish trip limits and opening date for the fall season commercial flounder fishery. The Commission voted, 7-0, to begin the fishery earlier (last Monday in October) and to increase the possession from 7,500 to 10,000 pounds during sequential 10-day landing periods.
1) The pre-existing structure must have been previously authorized and in a serviceable condition prior to the onset of the hurricane.
2) The replacement structure must be reconstructed in the same location and in identical or smaller dimensions as the previously permitted structure.
3) Reconstruction activities must be initiated prior to December 31, 2003, and completed prior to June 30, 2004.
4) Authorization to proceed will be contingent upon receipt of a letter from the property owner(s) attesting to the foregoing and containing suitable drawings of the proposed replacement structure(s) for comparison purposes.
5) This expedited authorization is not intended to supercede, or cover the actions of any entity; private, local, State or Federal, not authorized by Executive Order 56 or any subsequent Executive Order."