إجراءات اللجنة مارس 31, 2026

** APPROVAL OF AGENDA. THE AGENDA WAS UNANIMOUSLY APPROVED AS MODIFIED WITH ITEMS #6, #7, AND #15 BEING REMOVED FROM THE AGENDA.

1. MINUTES of previous meeting. THE MINUTES FROM THE FEBRUARY MEETING WERE APPROVED ON A VOTE OF 7 TO 0 WITH ASSOCIATE COMMISSIONER ERSKINE ABSTAINING.

2. CONSENT AGENDA ITEMS. NONE.

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

4. PUBLIC COMMENTS Associate Commissioner Bransom requested action be taken to establish a regulation for tarpon. A motion to request a May public hearing to establish a tarpon regulation passed unanimously.

5. PERMITS (Projects over $1,000,000 with no objections and with staff recommendation for approval). ITEM 2A WAS APPROVED AS PROPOSED BY UNANIMOUS VOTE.

6. CITY OF VIRGINIA BEACH, VMRC #25-1823, requests authorization for a one-time exemption to the existing special permit condition requiring a time of year restriction to preclude the maintenance dredging of Crab Creek between March 1st - September 30th of any year to minimize adverse impacts on juvenile flounder - adjacent to the City's Lynnhaven Municipal Boat Ramp facility. WITHDRAWN FROM THE AGENDA.

7. JAMES MISHLER, VMRC #25-2275, requests authorization to construct a 17-foot by 36-foot open-sided boathouse onto an existing statutorily authorized private pier situated along College Creek at 110A Archers Hope Drive in James City County. This project is protested by an adjacent property owner. WITHDRAWN FROM THE AGENDA.

8. DOCKSIDE CONDO OWNERS ASSOCIATION, NOTICE TO COMPLY #25-05, VMRC #24-1044, Commission consideration of the Dockside Condo Owners Association and their contractor Mr. Charles Duke, II of Waterfront Development Corporation, for failure to comply with the Commission's September 5, 2025, directive to remove unauthorized boat slips, finger piers, mooring piles, floating docks, kayak launch, decking, and float-on boat lifts constructed in excess of VMRC Permit #24-1044 authorization, adjacent to property (Parcel #051/R1/9/A) situated along Sarah Creek at the terminus of Sunset Drive in Gloucester County. THE COMMISSION VOTED TO ORDER REMOVAL OF THE UNPERMITTED STRUCTURES WITHIN 30 DAYS AND ASSESSED A CIVIL CHARGE TO THE PERMITTEE OF $5,000 BY A VOTE OF 7 TO 0 WITH ASSOCIATE COMMISSIONER WHITE ABSTAINING. THEY ALSO VOTED TO REFER THE AGENT/CONTRACTOR TO THE OFFICE OF THE ATTORNEY GENERAL FOR FURTHER ENFORCEMENT ACTION FOR FAILING TO AGREE TO A CIVIL CHARGE OF $10,000 AND TO ALSO REFER THE AGENT/CONTRACTOR TO THE VIRGINIA DEPARTMENT OF PROFESSIONAL OCCUPATIONAL REGULATION FOR CONSTRUCTION ACTIVITIES WITHOUT THE NECESSARY ENVIRONMENTAL PERMITS.

9. CHESTERFIELD COUNTY UTILITIES DEPARTMENT, VMRC #25-2436, requests authorization to temporarily install three (3), 3-inch by 300-foot long HDPE water withdrawal pipes including an 8-foot by 8-foot submerged intake structure, four (4), 10-inch hollow steel piles, and one floating warning buoy, situated along the Appomattox River adjacent to the Point of Rocks Water Treatment Plant temporary testing facility at 1203 Point of Rocks Road in Chesterfield County. This project is protested. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

10. DISCUSSION Discussion on the modification of the 2026 Oyster Replenishment and Restoration Plan (ORP). THE COMMISSION VOTED 6-0-1 TO APPROVE THE UPDATE TO THE 2026 OYSTER REPLENISHMENT PLAN INCLUDING ACQUIRING A SHELLFISH PATHOLOGY REPORT FOR ANY SEED BEING TRANSPORTED FROM THE JAIL ISLAND AREA.

11. PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-280, "Pertaining to Speckled Trout", to establish a closed season for the recreational harvest of speckled trout in 2026, to protect the spawning stock following the 2026 cold stun mortality event. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4 VAC 20-280, "PERTAINING TO SPECKLED TROUT", TO ESTABLISH A CLOSED PERIOD OF RECREATIONAL FISHING FOR SPECKLED TROUT FROM APRIL 1, 2026 THROUGH JUNE 30, 2026 TO PROTECT THE SPAWNING STOCK FOLLOWING TWO CONSECUTIVE YEARS OF INCREASED COLD-STUN RELATED MORTALITY.

12. PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-450, "Pertaining to the Taking of Bluefish" to increase the private and for-hire recreational bag limits. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4VAC20-450, "PERTAINING TO THE TAKING OF BLUEFISH," TO SET THE RECREATIONAL POSSESSION LIMITS AT FIVE FISH FOR PRIVATE/SHORE ANGLERS AND FIVE FISH FOR FOR-HIRE ANGLERS.

13. REQUEST FOR PUBLIC HEARING Proposal to amend Chapter 4 VAC 20-950, "Pertaining to Black Sea Bass," to establish the 2026 recreational management measures for this species. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE FOR AN APRIL PUBLIC HEARING TO AMEND CHAPTER 4VAC 20-950, "PERTAINING TO BLACK SEA BASS", WITH BOTH STAFF OPTIONS FOR THE REGULAR BLACK SEA BASS SEASON. THE COMMISSION VOTED UNANIMOUSLY TO ADVERTISE A CLOSURE OF TEN DAYS IN MAY-JUNE FOR THE FEBRUARY RECREATIONAL BLACK SEA BASS SEASON PAYBACK.

14. EMERGENCY REGULATION Proposed Emergency amendments to Chapter 4 VAC 20-720, "Pertaining to Restrictions to Restrictions on Oyster Harvest". THE COMMISSION VOTED 4-3 TO EXTEND THE OYSTER SEASON BY EMERGENCY REGULATION IN AREA 9 IN THE RAPPAHANNOCK RIVER BY 10 WORKING DAYS. THE CLOSURE FOR THIS AREA WILL BE APRIL 14, 2026.

15. DISCUSSION License Status Requests

PAGE 2 ITEMS

2A. VIRGINIA AMERICAN WATER, VMRC #23-0449, requests authorization to install a new (primary) 40 million gallon per day (MGD) water withdrawal intake structure located at their existing surface water withdrawal facility downstream of the Rt 10 Bridge on the south bank of the Appomattox River, at 915 Riverside Drive in the City of Hopewell, to provide a reliable public water supply for the City of Hopewell projected for the next 50 years. This project requires a VMRC Subaqueous and Wetlands Permit. Staff recommends approval of the project with the following special permit conditions and royalties: • Time of year restriction for pile driving activities from February 15 through June 30 to protect spawning anadromous fish. • All instream construction activities to be located within turbidity curtains. • Steel pile installation will require the use of bubble curtains, cushion blocks, and ramp-up procedures to protect native fish populations. • Royalty assessment of $2,055.00 for the encroachment of pipelines over 665 linear feet of state-owned subaqueous bottom at a rate of $3.00 per linear foot, an encroachment royalty $1,500.00 for the intake structures installed over 300 square feet state-owned subaqueous bottom at the industrial rate of $5.00 per square foot, and a dredging royalty of $1,466.40 for the removal of 2,444 cubic yards of state-owned subaqueous bottom material at a rate of $0.60 per cubic yard. Total royalty assessment equaling $5,021.40. • Permittee agrees to remove the previously existing water intake structures immediately after the new intake is operational. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.

2B. CITY OF NEWPORT NEWS, VMRC #25-2288, requests authorization to mechanically dredge up to 4,057 cubic yards of state-owned submerged lands to maintain depths of minus -9 feet mean low water in the Leeward Marina Boat Channel connecting to the James River, with dredged material disposal by barge at the Craney Island DMMA facility. This project requires a VMRC Subaqueous permit. THE COMMISSION VOTED UNANIMOUSLY TO APPROVE THE PROJECT AS PROPOSED.