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COMMISSION ACTIONS JULY 2003

JULY 2003 COMMISSION ACTIONS

Agenda Items for the July 22, 2003 Commission meeting are listed below with the Commission's actions in bold.

1. MINUTES of previous meeting. The Commission voted, 6-0, to approve the minutes.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). The Commission voted, 6-0, to approve the permits with staff recommendations.

3. EXECUTIVE SESSION. The Commission held a closed session to meet with legal counsel to discuss agenda items 8 and 10.

4. CHRISTOPHER PRIOR, #03-0816. Commission review on appeal of the May 21, 2003, decision by the Northampton County Wetlands and Dunes Board to deny a permit to construct and backfill 400 linear feet of bulkhead and four 48-foot long groins at his property situated along the Chesapeake Bay in the Church Neck area of Northampton County. The Commission voted, 6-0, to remand the case to the Northampton County Wetlands and Dunes Board.

5. PATRICIA JAGGERS, #03-0951, requests authorization to install 90 linear feet of quarry stone riprap in front of a failing, timber bulkhead at her property on the Rappahannock River in Lancaster County. An adjacent property owner protests the project. The Commission voted, 6-0, to approve the permit.

6. K.E. POTH FAMILY, L.L.C., #03-0128, requests authorization to construct a concrete community boat ramp and tending pier, for use by the property owners and guests of the Safe Harbor Landing Subdivision, adjacent to community property (lot number 38) along Gardner Creek in Westmoreland County. The project is protested by nearby property owners. The Commission voted, 6-1, to approve the project with the condition that no other boat ramps be constructed within the subdivision.

7. THE MT. HOLLY STEAMBOAT INN, #02-0668, requests after-the-fact authorization for modification to a previously permitted commercial pier adjacent to their property situated along Nomini Creek in Westmoreland County. Adjacent property owners protest the project. The Commission voted, 7-0, to approve the after-the-fact permit request with a civil penalty of $1,800 in lieu of further enforcement action.

8. JAMES CITY SERVICE AUTHORITY, #03-0391, requests authorization to install, by directional drill method, a 12-inch non-potable water pipeline beneath Powhatan Creek, and a discharge outfall pipe extending up to 243 feet into the James River in conjunction with a proposed James City County Service Authority groundwater treatment facility. An adjacent property owner protests the project. The Commission voted, 7-0, to approve the permit.

9. RAMONA H. EDDINS, #03-0544, requests authorization to mechanically dredge accumulated alluvial material, on an as-needed basis, not to exceed 25 cubic yards per cycle from an existing 990 square foot baptismal pool located approximately 1,400 feet downstream of the VDOT Route 230 bridge at her property situated at the boundary of Greene and Madison Counties. An adjacent property owner protests the project. The Commission voted, 7-0, to approve the permit with staff recommendations.

10. DISCUSSION: Commission consideration of a definition of water dependent projects. The Commission voted, 4-2 with Mr. McLeskey abstaining, to adopt a definition regarding water dependency. The definition said, "Water dependent means those structures and activities that must be located in, on or over state-owned submerged lands." Two questions that must be answered in the affirmative before the definition is put into practice are: is it necessary that the structure be located over water and is it necessary that the activity of the structure be located over water?

11. DISCUSSION: Commission consideration of staff guidelines to be used in evaluating private piers as a result of Ch 973 Acts 2003. The Commission voted, 7-0, to approve the staff recommendations regarding application of "T" and "L" heads on private piers.

12. PUBLIC COMMENTS

13. PUBLIC HEARING: Request to amend Regulation 4VAC 20-752-10 et seq., to replace an inaccurate longitudinal coordinate associated with the Virginia Blue Crab Sanctuary boundary line. The Commission voted, 7-0, to approve the regulation's amendment.

14. FINAL DECISION: Proposed amendment to Regulation 4 VAC 20-1070-10 et seq., to provide management requirements for the haul seine fishery, in response to HB2239 that modified the definition of a haul seine. The Commission voted, 6-0, to approve the regulation's amendment.

15. JOHN VIGLIOTTA: Request to extend clam relay season in the James River. The Commission voted 6-0, to adopt an emergency regulation to extend the clam relay season in Hampton Roads from Aug. 15 to Aug. 29.


NEXT MEETING:  August 26, 2003

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