COMMISSION ACTIONS December 3, 2024

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

1. MINUTES of previous meeting. THE COMMISSION VOTED 5 TO 0 TO APPROVE THE MINUTES AS PROPOSED WITH ASSOCIATE COMMISSIONER HAND ABSTAINING.

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

3. CONSENT AGENDA ITEMS. NONE.

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

5. VLADIMIR ARANA, VMRC #24-2086 requests authorization to construct a 33-foot by 37-foot dual slip boathouse, along the Chickahominy River at 7671 Cypress Drive in James City County. The proposal is protested by an adjoining property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

6. RIZVI FAMILY PARTNERSHIP LLC, #24-2292 requests authorization to construct a 16-foot by 28-foot open-sided boathouse as part of a statutorily authorized private pier proposal adjacent to 17299 Nanzatico Lane, situated along Nanzatico Bay in King George County. The proposal is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

7. RAY LEWIS, #24-1654 requests authorization to install a 14-foot by 22-foot open-sided gazebo roof structure onto a proposed statutorily authorized private pier along the Horn Harbor shoreline at 371 Peary Road in Mathews County. The project is protested by an adjacent property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

8. PUBLIC COMMENTS Ms. Kim Huskey, representing the Board of Directors for the Shellfish Growers of Virginia, introduced their new executive director Jordan Krevonick to the Commission. Ms. Krevonick will be addressing the Commission on any future shellfish items on behalf of their organization. Mr. John Eanes requested his oyster resource user fee be reinstated because he did not know it needed to be renewed every year. Mr. Eanes last purchased his license in 2019. The Commission voted unanimously to reinstate Mr. Eanes' Oyster Resource User Fee so long as he pays the back fees for the years he missed renewing.

9. PETITIONER Petitioner Robert Allen requests, "Rulemaking by the Virginia Marine Resources Commission (VMRC) for a managed recreational Hickory Shad fishery in Chesapeake Bay waters and coastal rivers and their tributaries within Virginia with a daily creel limit informed by and adjusted based on best available data. The requested regulation would be part of existing VMRC fisheries management for Alosine species and is needed to conserve the Hickory Shad stock by replacing unrestricted recreational harvesting with a controlled fishery. Unrestricted take exposes this species to overharvesting and diminishes the contribution of Virginia coastal river spawners to species abundance." THE COMMISSION VOTED UNANIMOUSLY TO DENY THE PETITION.

10. PUBLIC HEARING Proposal to amend Chapter 4VAC20-252-10 et seq., "Pertaining to Atlantic Striped Bass" to 1) adjust the commercial Chesapeake area striped bass quota from 983,393 pounds to 914,555 pounds and 2) remove existing regulatory language that prohibits commercial striped bass harvesters from obtaining both Chesapeake area and Coastal area tags at one time. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-252-10 ET SEQ., "PERTAINING TO ATLANTIC STRIPED BASS," TO 1) ADJUST THE COMMERCIAL CHESAPEAKE AREA STRIPED BASS QUOTA FROM 983,393 POUNDS TO 914,555 POUNDS AND 2) REMOVE EXISTING REGULATORY LANGUAGE THAT PROHIBITS COMMERCIAL STRIPED BASS HARVESTERS FROM OBTAINING BOTH CHESAPEAKE BAY AREA AND COASTAL AREA TAGS AT ONE TIME.

11. RECOMMENDATION Recommendation on funding proposals from the Commercial Fishing Advisory Board. THE COMMISSION VOTED UNANIMOUSLY TO FUND ALL FOUR PROGRAMS TOTALING $118,656 FROM THE MARINE FISHING IMPROVEMENT FUND.

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A. WEYMOUTH FAIN, VMRC #24-0248 requests authorization to install two (2) riprap sills totaling 56 linear feet with associated backfill along Deep Creek at 2227 Firman Street in the City of Chesapeake. This project requires a VMRC Wetlands permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

B. JOSEPH FOULIS, #24-1488 requests authorization to place 120 cubic yards of clean sand fill upon 1,600 square feet of intertidal wetlands along the Mattaponi River shoreline at 416 Lee Street in the City of West Point. The project requires a VMRC Wetlands Permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

C. DARRELL RODA, #24-1562 requests authorization to replace an 11-foot by 35-foot section of an existing concrete boat ramp; install two (2) 25-foot long timber retaining walls; install and backfill a 52-foot long bulkhead two (2) feet channelward of an existing bulkhead with two (2) 10-foot returns; remove an existing bulkhead and install and backfill a 25-foot section of bulkhead landward of the old bulkhead; and construct a 45-foot long low profile timber groin along the Rappahannock River shoreline at 327 Riverdale Road in Essex County. The project requires a VMRC Wetlands and Subaqueous Permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

D. CORDELL PRECIADO, #24-0998 requests authorization to install 680 linear feet of riprap, the toe of which may be installed a maximum of 10 feet channelward of mean high water, at 12212 Almer Lane, situated along the James River in Chesterfield County. This project requires a VMRC Wetlands permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

E. SCOTT ELIAS, #24-2196 requests authorization to replace two (2) low-profile timber groins extending 40 feet channelward of an existing bulkhead along the Rappahannock River at 113 Wildwood Place in Essex County. The project requires a VMRC Wetlands Permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

F. METRO MACHINE CORPORATION, #24-1421 requests authorization to remove an existing floating pier and construct a new, 370-footlong floating pier at the General Dynamics shipyard adjacent to Ligon Street situated along the Southern Branch Elizabeth River in Norfolk. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

G. LOUDON COUNTY DEPARTMENT OF TRANSPORTATION AND CAPITAL INFRASTRUCTURE, #24-0754 requests authorization to construct a new multi-user clear spanbridge over a 40-foot section of Broad Run adjacent to Westwind Drive in Loudoun County. This project requires a subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

H. NASA GSFC WALLOPS FLIGHT FACILITY, #24-1660 requests authorization to conduct three (3) barge landing tests on the beach adjacent to Launch Pad O-B for the transport of rocket components to the flight facility situated along the Atlantic Ocean in Accomack County. This project requires a VMRC Dunes and Beaches permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

I. NGL ENERGY PARTNERS, #24-1922 requests authorization to mechanically (maintenance) dredge up to 20,000 cubic yards of state-owned submerged lands on an as-needed basis, to maximum depths of minus thirty seven (-37) feet mean low water from the Southern Branch of the Elizabeth River adjacent to their commercial facility at 2901 South Military Highway in the City of Chesapeake. Dredged spoils will be barged to the Craney Island Dredged Material Management Area or another approved upland facility. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.