COMMISSION ACTIONS April 22, 2025

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

1. MINUTES of previous meeting. THE COMMISSION VOTED 7 - 0 TO APPROVE THE AGENDA AS PROPOSED, WITH ASSOCIATE COMMISSIONER HEALEY ABSTAINING.

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

3. CONSENT AGENDA ITEMS. NONE.

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

5. PETITIONER Petition for Rulemaking Regarding Atlantic Menhaden, the Chesapeake Bay, and the reduction fishery. THE COMMISSION VOTED 6-2 TO DENY THE PETITION.

6. JACEY VINEYARD LLC, #24-0701 Requests authorization to construct an 80-foot long by 6-foot wide timber commercial pier with a 30-foot long by 12-foot wide L-head and three (3) associated mooring piles, adjacent to property situated along Mill Creek at 619 Trane Lane in Northumberland County. The project is protested by adjacent and nearby property owners. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

7. DONALD DEBORD, #24-2678 Requests authorization to install a 14-foot by 37-foot open-sided boathouse and a 16-foot by 18-foot open-sided gazebo on an existing statutorily authorized private pier along the York River at 361 Simpson Creek Road in King and Queen County. The project is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

8. BRADLEY BEACH, #24-1402 Requests authorization to construct a 16-foot by 18-foot open-sided gazebo roof structure and an 18-foot by 26-foot open-sided boathouse adjacent to an existing private pier serving 353 Whiting Lane, situated along Back Bay in Virginia Beach. This project is protested by nearby property owners. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

9. DISCUSSION Request for approval to support the Potomac River Fisheries Commission implementation of an oyster revitalization project in the Potomac River. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE SALE OF SHELL FOR THIS PROJECT.

10. PUBLIC COMMENTS There were no public comments.

11. PUBLIC HEARING The Commission proposes to amend Chapter 4VAC20-490, "Pertaining to Sharks" to prohibit overnight soaks for Virginia spiny dogfish permit holders on gillnets with 5.25-to-10-inch mesh from November 1 through March 31 in specified areas in Virginia coastal waters. THE COMMISSION VOTED UNANIMOUSLY TO PROHIBIT OVERNIGHT SOAKS FOR VIRGINIA SPINY DOGFISH PERMIT HOLDERS ON GILLNETS WITH A MESH SIZE EQUAL TO OR GREATER THAN 5.25-INCHES AND LESS THAN 10-INCHES FROM NOVEMBER 1 THROUGH MARCH 31 IN SPECIFIED AREAS IN VIRGINIA COASTAL WATERS.

12. PUBLIC HEARING The Commission proposes to amend Chapter 4VAC20-1190, "Pertaining to Gill Net Control Date" to establish an extended drift gill gear license (up to 6,000 ft) and to develop associated gear requirements, season and time restrictions. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-1190-10 ET SEQ. "PERTAINING TO GILL NET CONTROL DATE, LIMITED ENTRY, AND TRANSFERS" TO ESTABLISH AN EXTENDED DRIFT GILL NET LICENSE WITH SEASON DATES FROM MAY 1 TO OCTOBER 15.

13. PUBLIC HEARING The Commission proposes to amend Chapter 4VAC20-1090, "Pertaining to Licensing Requirements and License Fees" to establish an extended drift gill net license up to 6,000 feet and associated fee. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-1090 ET SEQ., "PERTAINING TO LICENSING REQUIREMENTS AND LICENSE FEES" TO ESTABLISH AN EXTENDED DRIFT GILL NET LICENSE FEE.

14. DISCUSSION Commission briefing on three locality proposals to the Abandoned and Derelict Vessel Program to remove a total of 7 vessels. THE COMMISSION UNANIMOUSLY APPROVED SEVEN APPLICATIONS FOR FUNDING TO THE ADV GRANT PROGRAM.

PAGE 2 ITEMS

A. PHILIP HORNER, #24-2520 Requests authorization to construct two (2) 50-foot riprap groins along the York River shoreline at 147 Ridge Road in King and Queen County. The project requires a VMRC Beach Permit and a Virginia General Permit #2 (Groins). THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

B. BRIAN PEAY, #25-0398 Requests authorization to construct a 158-foot long rock revetment along the Mattaponi River at Tax Map Parcel 24-31L-14B1 on Grass Creek Trail in King and Queen County. The project requires a VMRC Wetlands Permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

C. CHRISTINE SOTIR, #24-1242 Requests authorization to install a living shoreline consisting of 275 linear feet of oyster castle and core log sill with backfill and plantings and loose oyster shell serving 2822 Meadowgreen Court situated along Drum Point Creek in Chesapeake. This project requires a VMRC Wetlands Permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

D. RED SKY HOLDINGS LLC, #25-0021 Requests authorization to construct a 23-foot wide by 72-foot long open-pile deck with an attached 20-foot by 8-foot floating dock, and to install 72 linear feet of riprap, the toe of which may be installed a maximum of five (5) feet channelward of mean high water, serving the commercial facility at 103 Watson Road along the Southern Branch of the Elizabeth River. This project requires a VMRC Wetlands Permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

E. W.F. MAGANN CORPORATION, #25-0144 Requests authorization to mechanically dredge up to 59,250 cubic yards of state-owned submerged lands to maximum depths of minus 17 feet mean low water with future maintenance dredging as necessary, adjacent to their East Yard Facility at 3106 West Norfolk Road, situated along the Western Branch of the Elizabeth River in Portsmouth. Dredged spoils will be barged to and offloaded at Shirley Plantation for eventual upland disposal. Previous VMRC permit #22-0093 authorized the dredging of 42,525 cubic yards of material at this site; the royalty was paid; however, the dredging did not occur. This project requires a VMRC Subaqueous Permit, and staff recommends approval with standard dredging special conditions and a royalty totaling $10,035.00 for the removal of 16,725 cubic yards at a rate of $0.60 per cubic yard. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.