COMMISSION ACTIONS May 27, 2025

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS PROPOSED.

1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES FROM THE APRIL 2025 COMMISSION MEETING AS WRITTEN.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). ITEMS 2A-2F WERE APPROVED.

3. CONSENT AGENDA ITEMS. NONE.

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL. NONE.

5. PHILLIP GIBSON, #24-1759 requests authorization to construct a 17-foot by 48-foot open-sided boathouse adjacent to an existing private pier serving 119 Dandy Haven Lane, situated along Back Creek in York County. This project is protested by the adjacent property owner. THE COMMISSION VOTED 6 TO 0, WITH ASSOCIATE COMMISSIONER WHITE ABSTAINING, TO APPROVE THE PROJECT AS PROPOSED.

6. WYATT LANDING DEVELOPMENT LLC, #24-2634 Commission review, on appeal by the applicant of the April 2, 2025, decision of the Portsmouth Wetlands Board to deny their request to construct two (2) stormwater outfalls with an associated riprap aprons in tidal wetlands serving the proposed residential subdivision adjacent to 3552 Cardinal Lane along Lily Creek in Portsmouth. THE COMMISSION VOTED UNANIMOUSLY TO REMAND THE CASE BACK THE CITY OF PORTSMOUTH LOCAL WETLANDS BOARD FOR FURTHER CONSIDERATION.

7. PUBLIC COMMENTS Mr. James M. Glasco requested his oyster resource user fee be reinstated after not purchasing it since 2017. The Commission voted 5-0-1 to reinstate his oyster resource user fee so long as he pays the back fees for the years he did not renew.

8. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950-10 et seq., "Pertaining to Black Sea Bass," to establish the 2025 recreational management measures for this species. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE STAFF RECOMMENDATION TO ESTABLISH THE 2025 RECREATIONAL MANAGEMENT MEASURES FOR THIS SPECIES. THE 2025 RECREATIONAL BLACK SEA BASS SECTION WILL BE MAY 15 THROUGH JULY 15 AND AUGUST 5 THROUGH DECEMBER 31.

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A. PERDUE AGRIBUSINESS LLC, #25-0254 requests authorization to mechanically dredge 14,000 cubic yards of state-owned submerged lands to a maximum depth of -38 feet mean low water adjacent to the existing unloading dock, and -42 mean low water adjacent to the existing loading dock at the Perdue Agribusiness facility located along the confluence of the Southern Branch Elizabeth River and Jones Creek in the City of Chesapeake. Dredged material will be barged and offloaded at either Craney Island Dredged Material Management Area, Shirley Plantation in Charles City, or Precon Marine facility in the City of Chesapeake. Staff recommends approval with our standard dredge conditions. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

B. CITY OF VIRGINIA BEACH, #25-0277 requests authorization to maintenance dredge approximately 500,000 cubic yards (per cycle) of state-owned submerged bottom within the Rudee Inlet federal navigational channel, sand trap, and outer deposition basin, to a maximum depth of -22 feet mean lower low water, situated along the Atlantic Ocean in Virginia Beach. Dredging will occur either by hydraulic or hopper-dredge methods on an as-necessary basis, with sidecast dredging utilized as an emergency measure. Dredged sand will be hydraulically pumped to the resort beach area, released/placed in the near-shore beach area north of Rudee Inlet, or placed on Croatan Beach south of Rudee Inlet. Staff recommends approval with our standard dredge conditions and the previous sidecast dredging special conditions. This project requires a Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

C. ELIAS SCOTT, #24-2196 requests authorization to construct a 40-foot low profile groin extending channelward of an existing bulkhead along the Rappahannock River shoreline at 113 Wildwood Place in Essex County. The project requires a VMRC Wetlands and a VGP-2 Groin General Permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

D. VIRGINIA PORT AUTHORITY and ROCKET LAB USA, #25-0521 request authorization to dredge approximately 59,042 cubic yards of state-owned submerged lands to achieve a maximum depth of minus seven (-7) feet mean low water, on an as-needed basis, within Sloop Gut Channel adjacent to Wallops Island in Accomack County. Dredged material will be barged to Shirley Plantation and offloaded for upland disposal. Staff recommends approval with our standard dredge conditions and the use of a turbidity curtain and environmental dredge bucket to minimize impacts on adjacent leased shellfish beds. This project requires a Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

E. NAVAL STATION NORFOLK #2023-1875 requests authorization to construct a 200-foot-long by 16-inch-wide concrete sheet pile breakwater structure spanning the northside of an exempt concrete open-pile pier adjacent to Building V-47 serving Norfolk Naval Station situated along Willoughby Bay in the City of Norfolk. The project requires a Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

F. VIRGINIA ELECTRIC & POWER D/B/A DOMINION ENERGY, #25-0278 requests authorization to install a monopile support structure that will result in 20 square feet of tidal vegetated wetland impacts situated along Proctors Creek in Chesterfield County, serving Dominion Chesterfield Power Station. The applicant has purchased tidal wetlands credits from the Virginia Aquatic Resources Trust Fund. This project requires a VMRC Wetlands permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.