COMMISSION ACTIONS October 28, 2024

** 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 AS PROPOSED.

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

3. CONSENT AGENDA ITEMS. NONE.

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

5. GPYC HOLDINGS LLC, VMRC #24-1880 requests authorization to install a series of 8-foot wide floating docks to the existing private use Gatling Pointe Yacht Club marina, adjacent to 903 Gatling Pointe Parkway, situated along the Pagan River in Isle of Wight County. Five (5) transient boat slips will be established per the proposed expansion. The project is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

6. RAPPAHANNOCK RIVER YACHT CLUB, INC., #24-1858 requests authorization to extend an existing pier to accommodate an additional ten (10) slips at the Rappahannock River Yacht Club adjacent to 100 Rappahannock Road along Carter Creek in Lancaster County. This project is protested. THE COMMISSION VOTED 6 TO 0, WITH ASSOCIATE COMMISSIONER KELLUM ABSTAINING, TO APPROVE THE PROJECT AS PROPOSED.

7. SHELLFISH Lynnhaven River Now, Oyster Planting Ground Application #2021-050 Requests authorization to lease approximately 5 acres of oyster planting ground in the Lynnhaven River in the City of Virginia Beach THE COMMISSION VOTED 4-2-1 TO APPROVE THE LEASE APPLICATION AS PRESENTED.

8. PUBLIC COMMENTS Mr. Mark Sanford, commercial waterman, asked the Commission to explore options that would allow condemned areas to be leased for growing shellfish. Commissioner Green recommended Mr. Sanford to speak to Chief Kenyon and the Shellfish Management Advisory Committee (SMAC). Mr. Eric Holloway, commercial waterman, asked for his Commercial Fisherman Registration License and his Oyster User Fee be reinstated. Mr. Holloway stated he last held these licenses 10-12 years ago but has been the primary caretaker for his wife, who passed away earlier this year. Commissioner Green recommended Mr. Holloway first speak to Chief Kenyon and Chief Geer about the process for requesting these licenses back as there are other steps he can take before coming to the Commission. Mr. Dave Antos read a statement from the Coastal Conservation Association about their petition for a regulated hickory shad fishery, which will be heard by the Commission at their December meeting. Mr. Wesley Waters spoke of his concerns about the difference in recreational and commercial fishing regulations, especially with regards to size limits. Commissioner Green advised he speak to Chief Geer.

9. PUBLIC HEARING Proposal to amend Chapter 4VAC20-1250-10 et seq., "Pertaining to the Tagging of Shellfish" to modify the method of identifying harvested shellfish. THE COMMISSION VOTED UNANIMOUSLY TO TABLE THE ITEM UNTIL THE SHELLFISH MANAGEMENT ADVISORY COMMITTEE COULD REVIEW IT AS WELL AS NOT MAKE ANY AMENDMENTS EFFECTIVE UNTIL 2026.

10. PUBLIC HEARING Proposal to amend Chapter 4VAC20-270, "Pertaining to Blue Crab Fishery" to close the 2024/2025 winter crab dredge fishery and consider extending the commercial crab pot fishery season. THE COMMISSION VOTED 6-1 TO AMEND CHAPTER 4VAC20-270 "PERTAINING TO BLUE CRAB FISHERY," TO CLOSE THE 2024/2025 WINTER CRAB DREDGE FISHERY. THE COMMISSION ALSO VOTED 6-1 FOR THE CRAB POT SEASON TO REMAIN MARCH 17 THROUGH DECEMBER 16.

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A. RIVER PORT, LLC, #24-1263 requests authorization to mechanically or hydraulically dredge up to 131,400 cubic yards of state-owned submerged lands to depths of minus 44 feet mean low water around Pier 14, minus 38 feet mean low water around Pier 15, and minus 61 feet mean low water within the dry dock between Pier 14 and Pier 15, with future maintenance dredging cycles as-needed with disposal at the Craney Island or an approved upland facility; and to install two (2) mooring dolphins at the commercial facility located along the James River at 1201 Terminal Ave in the City of Newport News. Recommend approval with a dredging royalty of $78,840.00 for the new dredging of 131,400 cubic yards of new material. This project requires a VMRC Subaqueous permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

B. MIDDLESEX COUNTY, #24-1778 requests authorization to mechanically or hydraulically dredge up to 123,550 cubic yards of state-owned submerged lands to maximum depths of minus 10 feet mean low water, including future maintenance cycles as necessary, from the Broad Creek Federal Channel with disposal at a previously approved upland facility in Middlesex County. Recommend approval contingent on separation of the silty dredge material, situated adjacent to the existing marina, from the balance of the sandy dredge material. This project requires a VMRC Subaqueous permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

C. NORFOLK NAVAL SHIPYARD, #24-1932 requests authorization to construct 180 linear feet of temporary steel cofferdam, 180 linear feet of temporary turbidity curtain, and a 180-foot by 8-foot permanent concrete tremie seal slab at -46 feet mean low water, all placed channelward of the existing infrastructure to support a broader reconstruction of Dry Dock 3, serving the Norfolk Naval Shipyard, situated adjacent to the Southern Branch Elizabeth River in the City of Portsmouth. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.