COMMISSION ACTIONS June 24, 2025

** APPROVAL OF AGENDA. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE AGENDA AS MODIFIED WITH ITEM #10 REMOVED FROM THE AGENDA.

1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES FROM THE PREVIOUS MEETING WITH ASSOCIATE COMMISSIONER HAND ABSTAINING.

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. PETITION Petition to protect Diamondback Terrapins from mortality in blue crab pots by requiring bycatch reduction devices in near-shore waters. THE COMMISSION VOTED UNANIMOUSLY TO DENY THE PETITION. THE COMMISSION ALSO VOTED UNANIMOUSLY FOR VMRC STAFF TO REVIEW ALL RECREATIONAL CRAB POT FISHERIES WITH RESPECT TO TERRAPIN EXCLUDER DEVICES.

6. DISCUSSION CVOW-C Fisheries Compensatory Mitigation Program update.

7. BRETT NOONE, #25-0817 requests authorization to construct an 11-foot by 11-foot open-sided gazebo on a statutorily authorized private pier along Mill Creek at 477 Rains Lane in Mathews County. This project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROPOSAL BY UNANIMOUS VOTE.

8. RONALD COLLINS, #25-0732 requests authorization to construct a 14-foot by 18-foot open-sided gazebo on a statutorily authorized private pier along Winder Creek at 135 Starlight Lane in Mathews County. This project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROPOSAL BY UNANIMOUS VOTE.

9. HARRELL FAMILY LIVING TRUST, #25-0019 requests authorization to construct an 18-foot by 16-foot gazebo and a 37-foot by 15-foot open-sided boathouse onto a statutorily authorized private pier, situated along the York River at 5232 Ivey Lane in James City County. The project is protested by two adjacent property owners. THE COMMISSION APPROVED THE PROPOSAL BY UNANIMOUS VOTE.

10. COCKRELL FARMS LLC, 25-0358 requests authorization to construct and backfill a 387-foot vinyl replacement bulkhead, mechanically dredge 280 cubic yards of state-owned submerged lands with adjacent upland disposal and construct a 3,420 square-foot concrete commercial wharf, adjacent to the applicant's commercial marina situated along the Little Wicomico River at 309 Railway Drive in Northumberland County. The project is protested by two adjacent property owners. THIS ITEM WAS REMOVED FROM THE AGENDA.

11. PUBLIC COMMENTS Mr. Andrew Stith of Hampton asked the Commission for ideas and assistance with creating a local seafood industry museum. Mr. Emory Rice spoke about the Crab Management Advisory Committee's recommendation to extend the December crab pot season. Ms. Sherry Ashe thanked the Commission for accepting the new policy regarding protested roof structures when the protestant does not appear at the hearing, and suggested the Commission consider changing the requirement of a permit issuance in this situation to declaring the roof structure to be statutorily authorized. Counsel said once an application is protested, by Code of Virginia it is no longer statutorily authorized and the Commission must vote on the project.

12. SHELLFISH Mark Johnson, Oyster Planting Ground application #2021-016, requests authorization to lease approximately 250 acres of oyster planting ground in the Chesapeake Bay in the City of Norfolk. THE COMMISSION VOTED TO TABLE THE DECISION UNTIL THE JULY MEETING TO ALLOW ALL PARTIES TO WORK TOWARDS A COMPROMISE FOR THE LEASE APPLICATION. ASSOCIATE MEMBER KELLUM SECONDED THE MOTION. THE MOTION CARRIED, 3-2-2. ASSOCIATE MEMBERS PRESTON AND EDWARDS VOTED NO. ASSOCIATE MEMBERS WHITE AND HAND ABSTAINED.

13. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-270-10 et seq., "Pertaining to Blue Crab Fishery", to establish management measures, including season and bushel limits, for the 2025-2026 commercial blue crab fisheries and to close the 2025-2026 winter commercial crab dredge fishing season. THE COMMISSION VOTED UNANIMOUSLY TO SUPPORT THE STAFF RECOMMENDATION WITH THE CRAB POT SEASON CLOSING DECEMBER 20.

PAGE 2 ITEMS

A. PAYNES ISLAND, LLC, #25-0803 requests authorization to remove the existing bridge and to construct a 20-foot wide open-pile timber replacement bridge across a 76-foot section of Bridge Creek, and to install and backfill 80 linear feet of bulkhead immediately channelward of the existing bridge abutments, serving for ingress and egress of private and farm vehicles adjacent to Paynes Island Road in Essex County. Staff recommends approval with a royalty of $150.00 for 50 square feet of subaqueous fill loss at $3.00/sf and a time of year restriction from February 15 to June 30 for anadromous fish. The project requires a VMRC Wetlands and Subaqueous permit. THE COMMISSION APPROVED THE PROPOSAL BY UNANIMOUS VOTE.

B. TODD THOMPSON, #25-0339 requests authorization to construct a 50-foot long vinyl bulkhead, with two (2) 10-foot long returns, along the Rappahannock River shoreline at 153 Green Field Road in Essex County. The project requires a VMRC Wetlands Permit. THE COMMISSION APPROVED THE PROPOSAL BY UNANIMOUS VOTE.

C. SAMUEL MCGOWAN, #25-0666 requests authorization to construct a 79-foot rock sill including returns, with clean sand fill and plantings of native wetland vegetation along the Mattaponi River shoreline at 756 Ryefield Road in King and Queen County. The project requires a VMRC Wetlands and Subaqueous Permit. THE COMMISSION APPROVED THE PROPOSAL BY UNANIMOUS VOTE.

D. TED SWEARINGTON, JR., #25-0404 requests authorization to install and backfill a replacement 178 linear foot timber bulkhead a maximum of two (2) feet channelward of the existing structure serving 3314 Rokeby Avenue along the Eastern Branch of the Elizabeth River in Chesapeake. Wetlands credits will be purchased from an approved tidal wetlands mitigation bank to compensate for vegetated wetlands filled. This project requires a VMRC Wetlands and Subaqueous permit. THE COMMISSION APPROVED THE PROPOSAL BY UNANIMOUS VOTE.

E. BRYAN’S COVE DEVELOPMENT LLC, #25-0740 requests authorization to regrade and replant an existing living shoreline to create 7,317 square feet of vegetated wetlands, close an existing riprap sill window, and install two riprap sill saddles within windows at 1860 Barkadeer Cove along Deep Creek in Chesapeake. This project requires a VMRC Wetlands permit. THE COMMISSION APPROVED THE PROPOSAL BY UNANIMOUS VOTE.