Commission Meeting, January 28, 2025

** 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. OYSTER ROAD DOCKS, LLC, #24-2020 requests authorization to convert a private use pier to a commercial operation at 41 Oyster Road along Urbanna Creek in Middlesex County. The project is protested by the adjacent commercial property owner.

6. COUNTY OF NORTHAMPTON, #23-2155 requests authorization to install six (6) Aids to Navigation buoys and to dredge approximately 24,200 cubic yards of submerged bottom material at the confluence of Nassawadox Creek with overboard disposal into the Chesapeake Bay southwest of Nassawadox Point in Northampton County.

7. LEONARD CLARK, #22-1645, NTC #24-06 requests after-the-fact approval to retain a 100-foot vinyl bulkhead that was constructed approximately two (2) feet in front of an existing failing bulkhead at property serving 1124 Wormley Creek Road situated along Wormley Creek in York County.

8. PUBLIC HEARING Update of the Commission's Guidelines for Establishment, Use, and Operation of Tidal Wetland Mitigation Banks in Virginia (January 1, 1998) and its Wetlands Mitigation-Compensation Policy and Supplemental Guidelines Regulation (4VAC20-390) developed pursuant to the legislative mandate of Chapter 334 of the 2023 Acts of the Virginia General Assembly (HB 1950).

9. PUBLIC COMMENTS

PAGE 2 ITEMS

A. JAMES DEANGELIS, #24-2578 requests authorization to install 171 linear feet of riprap, the toe of which may be installed a maximum of 6 feet channelward of the existing bulkhead and to install a 5-foot by 64-foot wharf and a 5-foot by 44-foot wharf on either side of an existing pier serving 1211 Davis Avenue, situated along the Indian River in Chesapeake. This project requires a VMRC Subaqueous and Wetlands permit.

B. NORTH-SOUTH DRIVE CIVIC ASSOCIATION, #24-2377 requests authorization to install one (1) low profile timber groin at 209 South Drive along the Rappahannock River in Essex County. This project requires a VMRC Subaqueous and Wetlands permit.

C. JOINT BASE LANGLEY EUSTIS, #24-0935 requests authorization to install, up to 12 times per year, a 24-foot wide, temporary causeway extending 1,300 feet channelward of mean low water and to excavate 26 cubic yards of jurisdictional beach, to facilitate the temporary causeway installation, as part of military training exercises along the James River at the Anzio Beach area of Joint Base Langley-Eustis in the City of Newport News. This project requires a VMRC Beaches and Dunes permit.

D. SAFE HARBOR BLUEWATER, #24-2497 requests authorization to replace an existing 8-foot by 240-foot pier in its existing footprint, construct an 8-foot by 6-foot walkway connecting the pier replacement to an existing main pier, replace an additional existing 8-foot by 172-foot pier in its existing footprint with the addition of three (3) 8-foot by 50-foot finger piers, and to mechanically dredge approximately 6,090 cubic yards of new material to a depth ranging from -6.5 feet MLW to -8.0 feet MLW surrounding the marina, including future maintenance dredging as necessary, adjacent to 25 Marina Road situated along Sunset Creek in the City of Hampton with disposal at an approved upland disposal facility. Recommend approval with a dredging royalty of $3,654.00 for the dredging of 6,090 cubic yards of state-owned submerged bottom at a rate of $0.60 per cubic yard. This project requires a VMRC Subaqueous permit.

E. CITY OF NEWPORT NEWS, #24-2073 requests authorization to remove existing docks and construct a 6-foot by 182-foot open pile pier, with four (4) 4-foot by 35-foot finger piers, two (2) 6-foot by 35-foot finger piers, four (4) 4-foot by 50-foot finger piers, 20 mooring piles, a 6-foot by 236-foot open pile pier, twelve (12) 4-foot by 35-foot finger piers, two (2) 6-foot by 35-foot finger piers, 24 mooring piles, a 6-foot by 182-foot open pile pier, eight (8) 4-foot by 50-foot finger piers, two (2) 6-foot by 50-foot finger piers, and 24 mooring piles serving the public facility at 524 Menchville Road South along Deep Creek in Newport News. This project requires a VMRC Subaqueous permit.

F. KINDER MORGAN, #24-1931 requests authorization to mechanically or hydraulically dredge up to 106,800 cubic yards of new material around piers X and IX, necessary to increase the maximum authorized depth to minus fifty-seven (-57) feet mean low water from the previously authorized maximum of minus fifty-five (-55) feet, at their facility (1900 Harbor Access Road) along the James River in the City of Newport News. The project additionally includes future maintenance dredging (approximately 200,000 cubic yards annually) and disposal of all dredge material at the Craney Island Dredge Spoil Facility or an approved upland location. Recommend approval with a dredging royalty of $64,080.00 for the dredging of 106,800 cubic yards of state-owned submerged bottom at a rate of $0.60 per cubic yard. This project requires a VMRC Subaqueous permit.

G. MONUMENT MARINE GROUP, #24-1041 requests authorization to remove the remnant pilings from a derelict fishing pier and construct a 535-foot long by 10-foot-wide replacement fishing pier with a 3,600 square foot T-head adjacent to property situated along the Potomac River at 190 Plantation Drive in Westmoreland County. This project requires a VMRC Subaqueous permit.

H. BAY POINT MARINA, LLC, #24-1886 requests authorization to install a 280-foot long by 16-foot wide floating dock extension to an existing floating pier serving Bay Point Marina located at 9500 30th Bay Street situated along Little Creek in the City of Norfolk. Staff recommends approval with royalties totaling $13,440.00 for the proposed encroachment over 13,440 square feet of state-owned bottom (the proposed floating dock and the mooring areas on either side of the dock) at a rate of $1.00 per square foot. This project requires a VMRC Subaqueous permit.

I. ROANOKE CEMENT COMPANY, LLC, #24-1360 requests authorization to construct a new multi-user 44-foot-wide clear span haul bridge across a 47-foot section of Catawba Creek west of the existing facility and east of Catawba Road in Botetourt County for their Catawba Farm Quarry. Recommend approval with an encroachment royalty of $4,136.00 for the encroachment over 2,068 square feet of state-owned submerged bottom at a rate of $2.00 per square foot. This project requires a VMRC Subaqueous permit.

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 PROPOSED.

1. MINUTES of previous meeting. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE MINUTES FROM THE PREVIOUS MEETING AS PRESENTED.

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

3. CONSENT AGENDA ITEMS. NONE.

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

5. OYSTER ROAD DOCKS, LLC, #24-2020 requests authorization to convert a private use pier to a commercial operation at 41 Oyster Road along Urbanna Creek in Middlesex County. The project is protested by the adjacent commercial property owner. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

6. COUNTY OF NORTHAMPTON, #23-2155 requests authorization to install six (6) Aids to Navigation buoys and to dredge approximately 24,200 cubic yards of submerged bottom material at the confluence of Nassawadox Creek with overboard disposal into the Chesapeake Bay southwest of Nassawadox Point in Northampton County. THE COMMISSION VOTED UNANIMOUSLY TO DENY THE PROJECT AS PROPOSED.

7. LEONARD CLARK, #22-1645, NTC #24-06 requests after-the-fact approval to retain a 100-foot vinyl bulkhead that was constructed approximately two (2) feet in front of an existing failing bulkhead at property serving 1124 Wormley Creek Road situated along Wormley Creek in York County. THE COMMISSION VOTED 7 TO 1 TO APPROVE THE PROJECT WITH ASSOCIATE COMMISSIONER HEADLEY VOTING TO OPPOSE THE DECISION.

8. PUBLIC HEARING Update of the Commission's Guidelines for Establishment, Use, and Operation of Tidal Wetland Mitigation Banks in Virginia (January 1, 1998) and its Wetlands Mitigation-Compensation Policy and Supplemental Guidelines Regulation (4VAC20-390) developed pursuant to the legislative mandate of Chapter 334 of the 2023 Acts of the Virginia General Assembly (HB 1950). THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROPOSED CHANGES TO THE GUIDELINES.

9. PUBLIC COMMENTS Ms. Mary Rowe requested permission to transfer her late husband's oyster resource user fee. The license was transferred to her upon his passing but she does not wish to continue oystering. The Commission voted unanimously to grant her the ability to transfer this license. Associate Commissioner Headley asked for SMAC to discuss allowing the Commissioner to grant transfer requests for certain situations like Ms. Rowe's. Mr. Thomas Croswell Jr requested his oyster resource user fee be reinstated after not purchasing it since 2020. The Commission voted 7-1 to reinstate his oyster resource user fee so long as he pays the back fees for the years he did not renew. Mr. Thomas Croswell Sr requested his oyster resource user fee be reinstated after not purchasing it since 2019. Mr. Croswell Sr had his oyster license revoked in 2019 for three years and did not purchase it once his oyster privileges were reinstated. The Commission took no action on this matter.

PAGE 2 ITEMS

A. JAMES DEANGELIS, #24-2578 requests authorization to install 171 linear feet of riprap, the toe of which may be installed a maximum of 6 feet channelward of the existing bulkhead and to install a 5-foot by 64-foot wharf and a 5-foot by 44-foot wharf on either side of an existing pier serving 1211 Davis Avenue, situated along the Indian River in Chesapeake. This project requires a VMRC Subaqueous and Wetlands permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

B. NORTH-SOUTH DRIVE CIVIC ASSOCIATION, #24-2377 requests authorization to install one (1) low profile timber groin at 209 South Drive along the Rappahannock River in Essex County. This project requires a VMRC Subaqueous and Wetlands permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

C. JOINT BASE LANGLEY EUSTIS, #24-0935 requests authorization to install, up to 12 times per year, a 24-foot wide, temporary causeway extending 1,300 feet channelward of mean low water and to excavate 26 cubic yards of jurisdictional beach, to facilitate the temporary causeway installation, as part of military training exercises along the James River at the Anzio Beach area of Joint Base Langley-Eustis in the City of Newport News. This project requires a VMRC Beaches and Dunes permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

D. SAFE HARBOR BLUEWATER, #24-2497 requests authorization to replace an existing 8-foot by 240-foot pier in its existing footprint, construct an 8-foot by 6-foot walkway connecting the pier replacement to an existing main pier, replace an additional existing 8-foot by 172-foot pier in its existing footprint with the addition of three (3) 8-foot by 50-foot finger piers, and to mechanically dredge approximately 6,090 cubic yards of new material to a depth ranging from -6.5 feet MLW to -8.0 feet MLW surrounding the marina, including future maintenance dredging as necessary, adjacent to 25 Marina Road situated along Sunset Creek in the City of Hampton with disposal at an approved upland disposal facility. Recommend approval with a dredging royalty of $3,654.00 for the dredging of 6,090 cubic yards of state-owned submerged bottom at a rate of $0.60 per cubic yard. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

E. CITY OF NEWPORT NEWS, #24-2073 requests authorization to remove existing docks and construct a 6-foot by 182-foot open pile pier, with four (4) 4-foot by 35-foot finger piers, two (2) 6-foot by 35-foot finger piers, four (4) 4-foot by 50-foot finger piers, 20 mooring piles, a 6-foot by 236-foot open pile pier, twelve (12) 4-foot by 35-foot finger piers, two (2) 6-foot by 35-foot finger piers, 24 mooring piles, a 6-foot by 182-foot open pile pier, eight (8) 4-foot by 50-foot finger piers, two (2) 6-foot by 50-foot finger piers, and 24 mooring piles serving the public facility at 524 Menchville Road South along Deep Creek in Newport News. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED 6 TO 0 TO APPROVE THE PROJECT AS PROPOSED 6 WITH ASSOCIATE COMMISSIONERS ERSKINE AND KELLUM ABSTAINING.

F. KINDER MORGAN, #24-1931 requests authorization to mechanically or hydraulically dredge up to 106,800 cubic yards of new material around piers X and IX, necessary to increase the maximum authorized depth to minus fifty-seven (-57) feet mean low water from the previously authorized maximum of minus fifty-five (-55) feet, at their facility (1900 Harbor Access Road) along the James River in the City of Newport News. The project additionally includes future maintenance dredging (approximately 200,000 cubic yards annually) and disposal of all dredge material at the Craney Island Dredge Spoil Facility or an approved upland location. Recommend approval with a dredging royalty of $64,080.00 for the dredging of 106,800 cubic yards of state-owned submerged bottom at a rate of $0.60 per cubic yard. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

G. MONUMENT MARINE GROUP, #24-1041 requests authorization to remove the remnant pilings from a derelict fishing pier and construct a 535-foot long by 10-foot-wide replacement fishing pier with a 3,600 square foot T-head adjacent to property situated along the Potomac River at 190 Plantation Drive in Westmoreland County. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

H. BAY POINT MARINA, LLC, #24-1886 requests authorization to install a 280-foot long by 16-foot wide floating dock extension to an existing floating pier serving Bay Point Marina located at 9500 30th Bay Street situated along Little Creek in the City of Norfolk. Staff recommends approval with royalties totaling $13,440.00 for the proposed encroachment over 13,440 square feet of state-owned bottom (the proposed floating dock and the mooring areas on either side of the dock) at a rate of $1.00 per square foot. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

I. ROANOKE CEMENT COMPANY, LLC, #24-1360 requests authorization to construct a new multi-user 44-foot-wide clear span haul bridge across a 47-foot section of Catawba Creek west of the existing facility and east of Catawba Road in Botetourt County for their Catawba Farm Quarry. Recommend approval with an encroachment royalty of $4,136.00 for the encroachment over 2,068 square feet of state-owned submerged bottom at a rate of $2.00 per square foot. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED 7 TO 0 TO APPROVE THE PROJECT AS PROPOSED WITH ASSOCIATE COMMISSIONER WHITE ABSTAINING.