Commission Meeting, February 27, 2024

** APPROVAL OF AGENDA.

1. MINUTES of previous meeting.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval).

3. CONSENT AGENDA ITEMS.

4. CLOSED MEETING FOR CONSULTATION WITH, OR BRIEFING BY, COUNSEL.

5. DISCUSSION Commission review of applications by the Town of Cape Charles, Town of Chincoteague, City of Newport News, and Gloucester County for grant funding for the removal and disposal of derelict vessels.

6. JOHN JANNEY, #23-1910 requests authorization to construct an open-sided boathouse addition to an existing statutorily authorized private, noncommercial timber pier, adjacent to the Potomac River at 6062 Potomac Landing Drive in King George County. The project is protested by both adjacent property owners.

7. RAPPAHANNOCK RIVER OYSTERS, #23-2548 requests authorization to repair a fire-damaged wharf and rebuild a 1,440 square-foot oyster house on the existing wharf at The Rappahannock Oyster Company facility located on Locklies Creek at 784 Locklies Creek Road in Middlesex County. The project is protested by an adjacent property owner.

8. MATTHEW BOTT, #23-1528 requests authorization to install an open-sided boathouse onto an existing statutorily authorized private pier along Stutts Creek at 62 Shallow Cove Lane in Mathews County. The project is protested by an adjacent property owner.

9. CONSIDERATION OF CIVIL CHARGES consideration of Civil Charges to the marine agent, Roger McKinley, and the marine contractor, R&W Marine, for the construction of a rock sill living shoreline project prior to a Commission subaqueous permit being issued. The unauthorized installation occurred at 195 Old Cove Road in Mathews County and identified as VMRC #2021-0944 - Matthew Jenkins.

10. PUBLIC COMMENTS

11. PUBLIC HEARING To increase regulatory efficiency by reducing redundant regulatory requirements, the Commission proposes to repeal the following chapters pertaining to shellfish: • Chapter 4VAC20-1200-10 et eq., "Pertaining to the Special Relay Season in the Rappahannock River" • Chapter 4VAC20-980-10 et seq., "Pertaining to On-shore Loading and Unloading of Shellfish from Condemned Areas"

12. SHELLFISH Request for approval of the 2024 Oyster Replenishment and Restoration Plan (ORP) and the Associated Procurements Procedures.

13. DISCUSSION Commercial Fishing Advisory Board recommendation on funding request from the Marine Fishing Improvement Fund.

PAGE 2 ITEMS

A. LUCK STONE, #23-2689 requests authorization to construct one (1) replacement turning dolphin consisting of one (1), 48-inch hollow steel center pile surrounded by approximately 30, 12-inch timber pilings adjacent to 4608 Bainbridge Blvd, situated along the Southern Branch of the Elizabeth River in Chesapeake.

B. SUFFOLK DEPARTMENT OF PUBLIC WORKS, #23-2003 requests authorization to replace Nansemond Parkway Bridge with a clear span 55-foot by 39-foot bridge, including temporary and new crossings of aerial water and sewer main lines over a 28-foot section of Burnetts Mill Creek in the City of Suffolk.

C. W. F. MAGANN CORPORATION, #22-0093 requests authorization to mechanically dredge 42,525 cubic yards of subaqueous bottom to a depth of -14 feet mean low water, with future maintenance dredging on an as-needed basis, adjacent to 3106 West Norfolk Road situated along the Western Branch Elizabeth River in the City of Portsmouth. Dredge spoils will be barged offsite and transferred to the Craney Island Dredged Material Management Area in Portsmouth, the Dominion disposal facility in Chesapeake, or Shirley Plantation in Charles City County. Staff recommends approval of the project with the standard dredging special conditions and a royalty totaling $25,515.00 for the removal of 42,525 cubic yards at a rate of $0.60 per cubic yard.

D. METRO MACHINE CORP., #23-2768 requests authorization to install a new 24-foot by 24-foot concrete mooring dolphin, a new 18-foot by 20-foot concrete mooring dolphin, two (2) new 24-foot by 24-foot concrete tower crane pads, and to modify three (3) existing concrete breasting fenders adjacent to the existing concrete pier serving 2 Harper Avenue, situated along the Southern Branch Elizabeth River in the City of Portsmouth.

E. DONALD PADGETT, #23-2301 requests authorization to install 71 linear feet of vinyl bulkhead at property on Villa Road within the Town of Claremont (Tax Map #3B-5-5), situated along the James River in Surry County. The project requires a VMRC beach permit.

F. METRO MACHINE CORPORATION, #23-2405 requests authorization to construct four (4) new, 22-foot by 22-foot concrete crane pads at the General Dynamics shipyard adjacent to Ligon Street situated along the Southern Branch Elizabeth River in Norfolk.

FISHERY MANAGEMENT ITEMS WILL IMMEDIATELY FOLLOW THE HABITAT MANAGEMENT PROJECTS ON THIS AGENDA.

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

1. MINUTES of previous meeting. THE MINUTES WERE APPROVED BY A 7 TO 0 VOTE. ASSOCIATE COMMISSIONER MINOR RECUSED HIMSELF.

2. PERMITS (Projects over $500,000.00 with no objections and with staff recommendation for approval). ITEMS 2A-2F 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 by the Town of Cape Charles, Town of Chincoteague, City of Newport News, and Gloucester County for grant funding for the removal and disposal of derelict vessels. THE COMMISSION APPROVED THE APPLICATIONS BY UNANIMOUS VOTE.

6. JOHN JANNEY, #23-1910 requests authorization to construct an open-sided boathouse addition to an existing statutorily authorized private, noncommercial timber pier, adjacent to the Potomac River at 6062 Potomac Landing Drive in King George County. The project is protested by both adjacent property owners. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

7. RAPPAHANNOCK RIVER OYSTERS, #23-2548 requests authorization to repair a fire-damaged wharf and rebuild a 1,440 square-foot oyster house on the existing wharf at The Rappahannock Oyster Company facility located on Locklies Creek at 784 Locklies Creek Road in Middlesex County. The project is protested by an adjacent property owner. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

8. MATTHEW BOTT, #23-1528 requests authorization to install an open-sided boathouse onto an existing statutorily authorized private pier along Stutts Creek at 62 Shallow Cove Lane in Mathews County. The project is protested by an adjacent property owner. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

9. CONSIDERATION OF CIVIL CHARGES consideration of Civil Charges to the marine agent, Roger McKinley, and the marine contractor, R&W Marine, for the construction of a rock sill living shoreline project prior to a Commission subaqueous permit being issued. The unauthorized installation occurred at 195 Old Cove Road in Mathews County and identified as VMRC #2021-0944 - Matthew Jenkins. THE COMMISSION VOTED TO ASSESS A CIVIL CHARGE OF $3,000 TO THE AGENT AND $1,000 TO THE CONTRACTOR.

10. PUBLIC COMMENTS Ms. Melanie Bailey asked the Commission to reinstate her oyster user fee. This license was transferred to her in 2022 from a family member's estate and she forgot to renew it in 2023. She agreed to pay 2023 and 2024's fees when renewing in 2024. The Commission voted unanimously to reinstate Ms. Bailey's oyster user fee. Ms. Lynn Jenkins spoke about the Chesapeake Alliance petition on menhaden and expressed her concern about the commission not speaking in favor of legislative bill HB19 funding a study of menhaden in Chesapeake Bay. Commissioner Green said the commission does not get involved with legislative bills introduced by other parties so as to not influence the commission's relationship with those parties.

11. PUBLIC HEARING To increase regulatory efficiency by reducing redundant regulatory requirements, the Commission proposes to repeal the following chapters pertaining to shellfish: • Chapter 4VAC20-1200-10 et eq., "Pertaining to the Special Relay Season in the Rappahannock River" • Chapter 4VAC20-980-10 et seq., "Pertaining to On-shore Loading and Unloading of Shellfish from Condemned Areas" THE COMMISSION VOTED UNANIMOUSLY TO REPEAL THE REGULATIONS

12. SHELLFISH Request for approval of the 2024 Oyster Replenishment and Restoration Plan (ORP) and the Associated Procurements Procedures. THE COMMISSION APPROVED BOTH THE ORP AND THE PROCUREMENT PLAN BY UNANIMOUS VOTE.

13. DISCUSSION Commercial Fishing Advisory Board recommendation on funding request from the Marine Fishing Improvement Fund. THE COMMISSION VOTED UNANIMOUSLY TO FUND THE WATERMAN'S APPRENTICE PROGRAM EDUCATION AND OUTREACH FUNDING TOTALING $100,000 FROM THE MARINE FISHING IMPROVEMENT FUND.

PAGE 2 ITEMS

A. LUCK STONE, #23-2689 requests authorization to construct one (1) replacement turning dolphin consisting of one (1), 48-inch hollow steel center pile surrounded by approximately 30, 12-inch timber pilings adjacent to 4608 Bainbridge Blvd, situated along the Southern Branch of the Elizabeth River in Chesapeake. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

B. SUFFOLK DEPARTMENT OF PUBLIC WORKS, #23-2003 requests authorization to replace Nansemond Parkway Bridge with a clear span 55-foot by 39-foot bridge, including temporary and new crossings of aerial water and sewer main lines over a 28-foot section of Burnetts Mill Creek in the City of Suffolk. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

C. W. F. MAGANN CORPORATION, #22-0093 requests authorization to mechanically dredge 42,525 cubic yards of subaqueous bottom to a depth of -14 feet mean low water, with future maintenance dredging on an as-needed basis, adjacent to 3106 West Norfolk Road situated along the Western Branch Elizabeth River in the City of Portsmouth. Dredge spoils will be barged offsite and transferred to the Craney Island Dredged Material Management Area in Portsmouth, the Dominion disposal facility in Chesapeake, or Shirley Plantation in Charles City County. Staff recommends approval of the project with the standard dredging special conditions and a royalty totaling $25,515.00 for the removal of 42,525 cubic yards at a rate of $0.60 per cubic yard. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

D. METRO MACHINE CORP., #23-2768 requests authorization to install a new 24-foot by 24-foot concrete mooring dolphin, a new 18-foot by 20-foot concrete mooring dolphin, two (2) new 24-foot by 24-foot concrete tower crane pads, and to modify three (3) existing concrete breasting fenders adjacent to the existing concrete pier serving 2 Harper Avenue, situated along the Southern Branch Elizabeth River in the City of Portsmouth. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

E. DONALD PADGETT, #23-2301 requests authorization to install 71 linear feet of vinyl bulkhead at property on Villa Road within the Town of Claremont (Tax Map #3B-5-5), situated along the James River in Surry County. The project requires a VMRC beach permit. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.

F. METRO MACHINE CORPORATION, #23-2405 requests authorization to construct four (4) new, 22-foot by 22-foot concrete crane pads at the General Dynamics shipyard adjacent to Ligon Street situated along the Southern Branch Elizabeth River in Norfolk. THE PROJECT WAS APPROVED BY UNANIMOUS VOTE.