COMMISSION ACTIONS March 25, 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 PREVIOUS MEETING AS PRESENTED.

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

3. CONSENT AGENDA ITEMS. NONE.

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

5. PUBLIC HEARING The Commission proposes to amend Chapter 4VAC20-510, "Pertaining to Amberjack and Cobia" to 1) amend the recreational size limit to 43 inches; 2) repeal the one fish over 50-inch allowance in the recreational fishery; and 3) establish the recreational fishing season. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA", TO AMEND THE RECREATIONAL SIZE LIMIT TO 43 INCHES; REPEAL THE ONE FISH OVER 50-INCH ALLOWANCE IN THE RECREATIONAL FISHERY; AND ESTABLISH THE RECREATIONAL FISHING SEASON.

6. ARMY CORPS OF ENGINEERS, #24-1891 requests authorization to place, via hydraulic means, approximately 162,500 cubic yards of dredged material from the Quinby Creek Federal Channel maintenance project onto state-owned wetlands and submerged lands situated along Upshur Bay in Accomack County. The project is protested by an adjacent shellfish ground leaseholder. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

7. LEONARD CLARK, #22-1645, NTC 24-06 Commission reconsideration of this after-the-fact request to retain a 100-foot vinyl bulkhead constructed in York County without VMRC authorization and the civil charges assessed against the responsible marine permitting agent and contractor. THE COMMISSION VOTED UNANIMOUSLY TO REFER MR. CLARK TO THE OFFICE OF THE ATTORNEY GENERAL FOR FURTHER ENFORCEMENT ACTION FOR NOT ACCEPTING THE CIVIL CHARGES ASSESSED AT THE JANUARY COMMISSION MEETING. THE COMMISSION ALSO VOTED TO APPROVE MR. CLARK'S AFTER-THE-FACT REQUEST TO RETAIN A 100-FOOT LONG BULKHEAD THAT WAS INSTALLED WITHOUT AUTHORIZATION BY A VOTE OF 6 TO 1 WITH ASSOCIATE COMMISSIONER WHITE VOTING AGAINST.

8. YANKEE POINT MARINA LLC, #24-2369 requests authorization to construct a replacement boat ramp, temporary cofferdam, new tending pier and dry hydrant at their existing marina at 1303 Oak Hill Road along Myer Creek in Lancaster County. The project is protested by a nearby property owner. THE COMMISSION VOTED 6 TO 0, WITH ASSOCIATE COMMISSIONER KELLUM ABSTAINING, TO APPROVE THE PROJECT AS PROPOSED.

9. WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY, #24-2475 requests authorization to remove a failed timber pier and construct a new concrete pier for the exclusive use of Westminster-Canterbury residents as part of the proposed Westminster-Canterbury on Chesapeake Bay campus expansion situated at property off Ocean Shore Avenue along the Chesapeake Bay in the City of Virginia Beach. The project is protested by numerous citizens. THE COMMISSION VOTE 6 TO 1 TO APPROVE THE PROJECT AS PROPOSED WITH ASSOCIATE COMMISSIONER BRANSOM VOTING AGAINST.

10. PUBLIC COMMENTS Mr. Richard Zasimowich and Mr. David Westcott, watermen, requested the return of their blue crab licenses after being waitlisted during the 2008 reduction in blue crab effort. Deputy Commissioner Joe Grist explained the history of the crab license waitlist. The Commission voted unanimously to send the issue to the Crab Management Advisory Committee for discussion. Associate Member Edwards requested clarification on the appropriate procedures for implementing emergency measures, particularly those initiated during the Public Comment period. The inquiry aimed to ensure consistency in decision-making while maintaining public transparency. The response from the representative of the Attorney General's Office is part of the official record.

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A. ENVIVA PORT OF CHESAPEAKE, LLC, #23-1428 requests authorization to conduct new dredging of approximately 4,500 cubic yards of state-owned submerged lands to maximum depths of -44 feet mean low water (MLW) and to maintenance dredge approximately 5,400 cubic yards of state-owned submerged lands to maximum depths of -42 feet MLW, on an as-needed basis, within Paradise Creek adjacent to property serving 1000 Enviva Drive 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 a royalty assessment of $2,700.00 for the removal of 4,500 cubic yards of state-owned submerged land at a rate of $0.60/cubic yard. This project requires a subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

B. COLONNA SHIPYARD, #24-1918 requests authorization to conduct new dredging of approximately 556,700 cubic yards of state-owned submerged lands to achieve maximum depths of -37 feet mean low water, on an as-needed basis, within the Eastern Branch Elizabeth River Federal Navigation Channel in the City of Norfolk. 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 a royalty assessment of $334,020.00 for the removal of 556,700 cubic yards of material at a rate of $0.60/cubic yards. This project requires a subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

C. FEDERAL HIGHWAY ADMINISTRATION, #24-2813 requests authorization to construct a new causeway bridge across a 214-foot section of Cat Creek and to install two (2) 30-inch HDPE conduits housing a relocated waterline, sewer line, two electrical conduits, and a single communication conduit using the horizontal directional drill method across a 219-foot section of Cat Creek on Wallops Islands in Accomack County. The project requires a VMRC subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.