COMMISSION ACTIONS May 28, 2024

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

1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES FROM THE PREVIOUS MEETING.

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

3. CONSENT AGENDA ITEMS. NONE.

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

5. DISCUSSION Commission review of applications to the Abandoned or Derelict Vessel Grant Program. THE COMMISSION APPROVED THE PROPOSAL BY UNANIMOUS VOTE.

6. ZAPATA HAYNIE-OMEGA PROTEIN INC., #23-1783 requests after-the-fact authorization to retain a 181 linear foot replacement bulkhead constructed channelward of the previously permitted alignment. Additional work to include the construction and backfilling of a 194 linear foot replacement bulkhead and a 114-foot long by 10-foot wide replacement commercial pier section, adjacent to property situated along Cockrell Creek at 610 Menhaden Road in Northumberland County. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

7. TIG ADVISORS LP, ET AL, #23-2870 requests authorization to install armor stone over two (2) existing 60-foot timber groin structures along the Potomac River at 356 Devils Wood Yard Road Northumberland County. The project is protested by a nearby waterfront property owner. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

8. SHELLFISH RAPPAHANNOCK RIVER OYSTERS, LLC. #2022-2254, Requests authorization to install 300 floating oyster cages (3'x5') within the boundaries of the oyster planting ground lease area #22489 within 3 acres of the Rappahannock River in Middlesex County. The request is protested by nearby property owners. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

9. PUBLIC COMMENTS Mr. Russ Perkinson commented that he does not think the standard rate of large oyster float mitigation ($15 per float) reflects the actual cost of remediation in light of inflation.

10. PUBLIC HEARING Proposal to amend Chapter 4VAC20-510-10 et seq., "Pertaining to Amberjack and Cobia", to streamline the cobia aquaculture permitting process. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4VAC20-510-10 ET SEQ., "PERTAINING TO AMBERJACK AND COBIA" TO REMOVE THE COBIA AQUACULTURE SECTIONS FROM THE REGULATION AND CREATE A SEPARATE AQUACULTURE PERMIT CONDITION APPLICATION.

PAGE 2 ITEMS

A. ARMY CORPS OF ENGINEERS, #23-2277 requests authorization to place up to 3,500,000 cubic yards of dredge spoil material, per annual dredge cycle, from the Tribell Shoal Federal Channel, Goose Hill Shoal Channel, Dancing Point - Swann Point Shoal, Jordan Point Harrison Bar Windmill Point Shoal, and City Point Shoal on adjacent previously approved and utilized open-water disposal areas in the James River in James City County, Surry County, Charles City County, Prince George County, and the City of Hopewell. Staff recommends approval of the project with a permit expiration date of May 31, 2026, and reconsideration of the project by the Commission following staff review of a sediment fate modeling study as required by the James River Federal Channel Memorandum of Understanding signed by the Commissioner and the US Army Corp of Engineers Norfolk District. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

B. ALYSON SCHLOBOHM, #23-2496 requests authorization to replace an existing groin with a 48-foot long timber low profile groin, install 14 linear feet of new bulkhead return wall and construct a 6-foot by 6-foot access stair structure along the Rappahannock River shoreline at 158 Pops Lane in Essex County. The project requires a VMRC subaqueous and wetlands permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

C. JOHN HOLLINGSWORTH, #24-0133 requests authorization to construct a timber low profile groin extending 48 feet channelward of mean high water adjacent to an existing boat ramp along the Rappahannock River at 218 Garnett Lane in Essex County. The project requires a VMRC beaches and dunes permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

D. STEPHEN WILKINSON, #24-0429 requests authorization to construct a new 105-foot long bulkhead a maximum of two (2) feet channelward of an existing, failing bulkhead and three (3) low profile timber groins extending 48 feet channelward of the bulkhead along the Rappahannock River at 101 Wildwood Place in Essex County. The project requires a VMRC beaches and dunes permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

E. BUSH PARK CAMPING RESORT LLC, #24-0233 requests authorization to replace a boat ramp in the existing footprint, remove existing jetties and replace them with two (2) 62-foot low profile jetties, construct two (2) new 6-foot by 72-foot tending piers and replace an existing pier with a new 6-foot by 423-foot community pier with fifteen (15) 4-foot by 30-foot finger piers and 30 mooring piles creating 28 total slips, situated along Bush Park Creek at 724 Bush Park Road in Middlesex County. Staff recommends approval with a royalty of $570.00 for the filling of 1,140 square feet at $.50 per square foot, and a royalty of $16,416.00 for the encroachment over 16,416 square feet at $1.00 a square foot for a total royalty of $16,986.00 for the encroachment and fill of subaqueous bottom. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.