COMMISSION ACTIONS May 26, 2026

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

1. MINUTES of previous meeting. THE COMMISSION VOTED TO APPROVE THE MINUTES FROM THE APRIL MEETING UNANIMOUSLY.

2. CONSENT AGENDA ITEMS. THE COMMISSION APPROVED ITEM 3A ON A VOTE OF 5 TO ZERO, WITH ASSOCIATE COMMISSIONER WHITE ABSTAINING.

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

4. PUBLIC COMMENTS There were no public comments.

5. PERMITS (Projects over $1,000,000 with no objections and with staff recommendation for approval). THE COMMISSION VOTED TO APPROVE ITEM 2A UNANIMOUSLY.

6. C. MARSHAL FLAGG, JR. and ELENA F. FLAGG, VMRC #2026-0543, requests authorization to construct two (2) 80-foot stone breakwaters and one (1) 35-foot stone spur, backfilled with clean sand and native wetland plantings for the construction of a living shoreline adjacent to 188 and 256 Bayview Lane, situated along Indian Creek in Lancaster County. The project is protested by an adjacent property owner. THE COMMISSION VOTED TO APPROVE THE PROJECT AS PROPOSED UNANIMOUSLY.

7. RAYMOND CHALLONER, VMRC #2026-0182, requests authorization to install 208 linear feet of riprap, the toe of which may be installed a maximum of 12 feet channelward of the existing bulkhead, and to remove an existing groin and top dress an existing 60-foot groin serving 15 Barclay Road, situated along the James River in Newport News. This project requires a VMRC Beaches and Dunes permit. THE COMMISSION VOTED TO APPROVE THE PROJECT AS PROPOSED UNANIMOUSLY.

8. CHARLES DUKE, VMRC NTC #25-05, requests reconsideration of Commission order to refer Mr. Duke to Virginia Department of Professional and Occupational Regulation for failure to comply with NTC #25-05 regarding a violation of VMRC Permit #24-1044. THE COMMISSION VOTED 5 TO 1, WITH ASSOCIATE COMMISSIONER WHITE VOTING AGAINST, TO REAFFIRM THEIR MARCH 31, 2026, DECISION TO REFER THE CONTRACTOR TO DPOR FOR CONSTRUCTION ACTIVITIES UPON STATE-OWNED SUBAQUEOUS LANDS WITHOUT THE NECESSARY PERMITS.

9. PUBLIC HEARING Proposal to adopt Chapter 4VAC 20-1420., "Pertaining to Atlantic Tarpon", to establish prohibitions on recreational and commercial harvest and create further gear limitations to decrease the likelihood of mortality on the migratory population of tarpon encountered in Virginia's territorial waters. THE COMMISSION VOTED UNANIMOUSLY TO ADOPT CHAPTER 4VAC 20-1420, "PERTAINING TO ATLANTIC TARPON", TO ESTABLISH PROHIBITIONS ON RECREATIONAL AND COMMERCIAL HARVEST AND CREATE FURTHER GEAR LIMITATIONS TO DECREASE THE LIKELIHOOD OF MORTALITY ON THE MIGRATORY POPULATION OF TARPON ENCOUNTERED IN VIRGINIA'S TERRITORIAL WATERS, INCLUDING A PROHIBITION ON BRINGING TARPON INTO THE BOAT WHEN CAUGHT AND A MANDATE FOR ANY COMMERCIALLY CAUGHT TARPON TO BE RELEASED INTO THE WATER IMMEDIATELY.

10. LICENSE STATUS REQUEST. MR. DOUGLAS WHITMIRE REQUESTED AN EXCEPTION TO THE TWO-YEAR DELAY PROCESS FOR A COMMERCIAL FISHERMAN REGISTRATION LICENSE. MR. WHITMIRE LAST HELD A CFRL IN 2025 BUT MISSED THE APRIL 30TH DEADLINE TO RENEW. THE COMMISSION DECLINED TO MAKE A MOTION ON MR. WHITMIRE'S REQUEST AS HE WAS NOT PRESENT TO SPEAK ON HIS BEHALF.

PAGE 2 ITEMS

2A. YORK RIVER YACHT HAVEN, VMRC #2026-0319, requests authorization to install and backfill 647 linear feet of vinyl bulkhead two (2) feet channelward of a failing bulkhead, install two (2) 3-foot by 35-foot finger piers and four (4) boatlifts on F Dock, install seven (7) 3-foot by 30-foot finger piers and eight (8) boatlifts on G Dock, install 34 floating and fixed finger piers of varying widths and lengths creating 40 boat slips on H Dock with 22 boatlifts, and install a 4.5-foot by 505-foot access dock and a 6-foot by 322-foot floating access dock on H Dock - along Sarah Creek at 8109 Yacht Club Road in Gloucester County. Staff recommends approval of the project with a special permit condition to hold a pre-construction meeting with the permittee and contractor. The project requires a VMRC Subaqueous Permit. THE COMMISSION VOTED TO APPROVE THE PROJECT AS PROPOSED UNANIMOUSLY.

PAGE 3 ITEMS

3A. FORD'S COLONY AT WILLIAMSBURG HOMEOWNERS ASSOCIATION, VMRC #2026-0125, requests after-the-fact authorization to retain a 9.5-foot by 19.5-foot floating dock, a 5-foot by 12-foot kayak launch with handrails, and a 5-foot by 36-foot aluminum gangway along Gordon Creek at 3475 Westport in James City County. Staff recommends approval with triple permit fees of $900.00, triple royalties of $108.00, and a civil charge of $6,000.00, which the applicant has agreed to pay, in lieu of further enforcement action. THE COMMISSION VOTED TO APPROVE THE AFTER-THE-FACT REQUEST UNANIMOUSLY.