COMMISSION ACTIONS August 25, 2026

** APPROVAL OF AGENDA. THE COMMISSION APPROVED THE AGENDA, 5 TO 0, AS MODIFIED WITH ITEM 9 BEING REMOVED.

1. MINUTES of previous meeting. THE COMMISSION APPROVED THE JULY 2026 MEETING MINUTES AS SUBMITTED BY A VOTE OF 4 TO 0 WITH ASSOCIATE COMMISSIONER HEDLEY ABSTAINING.

2. CONSENT AGENDA ITEMS. THE COMMISSION APPROVED ITEM 3A BY A UNANIMOUS VOTE.

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

4. PUBLIC COMMENTS THERE WERE NO PUBLIC COMMENTS.

5. PERMITS (Projects exceeding $1,000,000.00 in cost with no objections and tidal wetlands/beach projects in localities without Wetlands Boards with no objections, with staff recommendation for approval) THE COMMISSION APPROVED ITEMS 2A THROUGH 2F BY UNANIMOUS VOTE.

6. DAVID SPENCER, VMRC #2023-0895, Commission review of the July 16, 2026, Suffolk Wetlands Board decision to approve unquantified impacts to vegetated tidal wetlands as part of a riprap revetment proposal at 6954 Repass Beach Road situated along the mouth of Streeter Creek in the City of Suffolk. THE COMMISSION REMANDED THE PROJECT BACK TO THE CITY OF SUFFOLK LOCAL WETLANDS BOARD BY UNANIMOUS VOTE TO RECONSIDER THEIR PREVIOUS DECISION TO APPROVE A PROJECT IMPACTING VEGETATED WETLANDS.

7. GREEN BLUFF, LLC, VMRC #2026-0363, requests authorization to construct a 10-foot by 20-foot switchback staircase with exterior support beams for access to a 142-foot long private, open-pile pier including a 10-foot by 41-foot L-head and 5-foot wide finger piers surrounding two (2) uncovered boat lifts; and to install 184 linear feet of riprap stone revetment with two (2) riprap breakwater spurs measuring 50 feet and 54 feet in length adjacent to 421 Marlborough Point Road, situated along the Potomac River in Stafford County. The project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

8. JEFFREY WAPLE, VMRC #2026-0558, requests authorization to construct a 16.5-foot wide by 42-foot long open-sided single slip boathouse addition to a statutorily authorized private pier adjacent to property situated along the Potomac River at 200 Church Point Lane in Westmoreland County. The project is protested by an adjacent property owner. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

9. MARQUEE HOMES, INC, VMRC #2025-2752, requests authorization to construct a 16-foot by 18-foot open-sided gazebo and a 15-foot by 37-foot open-sided boathouse as part of a statutorily authorized pier along the Poquoson River at 132 Breezy Point Drive in York County. This project is protested by an adjacent property owner. THIS ITEM WAS REMOVED FROM THE AGENDA AS THE OBJECTION WAS DROPPED BY THE ADJACENT PROPERTY OWNER.

10. BIC, INC, VMRC #2025-1263, requests authorization to change the use of a previously statutorily authorized and existing private pier to a multi-user structure; and to retain unauthorized pier expansions adjacent to property (TM #45-A-5) located on Main Street, situated along the Chincoteague Channel in Accomack County. THE COMMISSION VOTED UNANIMOUSLY TO ORDER THE REMOVAL THE UNAUTHORIZED DECKING AND PIER FROM STATE-OWNED SUBAQUEOUS BOTTOM WITHIN 90 DAYS AND TO REFER THE CONTRACTOR TO THE DEPARTMENT OF PROFESSIONAL OCCUPATIONAL AND REGULATION FOR FAILURE TO OBTAIN ALL NECESSARY PERMITS BEFORE CONSTRUCTION. THEY FURTHER ORDERED THAT FAILURE TO REMOVE THE STRUCTURES WITHIN 90 DAYS WOULD RESULT IN THE MATTER BEING REFERRED TO THE OFFICE OF THE ATTORNEY GENERAL FOR FURTHER ENFORCEMENT ACTION.

11. SHELLFISH DIXIE M. DOERR Oyster Planting Ground Application #2024-035 Requests authorization to lease approximately 249 acres of oyster planting ground within the Rappahannock River in Middlesex County. THE COMMISSION APPROVED THE APPLICATION AS APPLIED BY A VOTE OF 4 TO 0 WITH ASSOCIATE COMMISSIONER KELLUM ABSTAINING.

12. SHELLFISH Modification of the 2026 Oyster Replenishment and Restoration Plan (ORP) and update on projects conducted as part of the 2026 ORP. THE COMMISSION APPROVED THE ORP MODIFICATION UNANIMOUSLY.

13. PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-720 "Pertaining to Restrictions on Oyster Harvest," to establish the 2026-2027 areas of public harvest, public oyster seasons, and oyster resource conservation measures. THE COMMISSION UNANIMOUSLY APPROVED THE PUBLIC OYSTER SEASON AS RECOMMENDED BY THE SMAC WITH THE ADDITION OF AN EXTENDED SEASON IN BOTH THE DEEP CREEK PT AREA THROUGH MARCH 31 AND THE CBPT AREA FROM OCTOBER 1 THROUGH MARCH 31.

14. PUBLIC HEARING Chapter 4 VAC 20-620, "Pertaining to Summer Flounder;" Chapter 4 VAC 20-920, "Pertaining to Landing Licenses;" Chapter 4 VAC 20-995, "Pertaining to Commercial Hook-and-Line Fishing;" The Commission proposes to amend the above regulations to remove language requiring vessel license decals. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4VAC20-620, "PERTAINING TO SUMMER FLOUNDER," CHAPTER 4VAC-920, "PERTAINING TO LANDING LICENSES," AND CHAPTER 4VAC-995, "PERTAINING TO COMMERCIAL HOOK-AND-LINE FISHING" TO REMOVE LANGUAGE REQUIRING VESSEL LICENSE DECALS.

15. PUBLIC HEARING Proposed amendments to Chapter 4 VAC 20-890, "Pertaining to Channeled Whelk" to remove language requiring vessel license decals, clarify gear marking requirements, allow agenting of channeled whelk pot licenses, and clarify existing language. THE COMMISSION VOTED UNANIMOUSLY TO AMEND CHAPTER 4VAC20-890, "PERTAINING TO CHANNELED WHELK," TO REMOVE LANGUAGE REQUIRING VESSEL LICENSE DECALS, CLARIFY GEAR MARKING REQUIREMENTS, ALLOW AGENTING OF CHANNELED WHELK POT LICENSES, AND CLARIFY EXISTING LANGUAGE.

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2A. RIVER PORT, LLC, VMRC #2026-0740, to install a new heavy lift platform with two new 30-foot by 20-foot concrete mooring dolphins; install and backfill a 234 linear-foot replacement steel bulkhead a maximum of two feet channelward of the existing structure; and install a 225 linear-foot low-profile steel toe wall; and to mechanically dredge up to 174,390 cubic yards of state-owned submerged lands to depths of minus fifty (-50) feet mean low water out to the federal navigation channel and to depths of minus sixty (-60) feet mean low water around the new heavy lift platform adjacent to Pier 14 located along the James River at 1201 Terminal Avenue in the City of Newport News. Dredged material will be barged to Shirley Plantation for disposal. Staff recommends approval, including a royalty of $104,634.00 for the dredging of 174,390 cubic yards of state-owned submerged bottom material at a rate of $0.60 per cubic yard. This project requires a VMRC Subaqueous permit. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

2B. STEVEN WILKINSON, VMRC #2026-0660, requests authorization to construct two (2) vinyl low profile groins, extending 48 feet from mean high water and to construct 57 feet of vinyl bulkhead immediately adjacent to the unprotected bank at 101 Wildwood Place, situated along the Rappahannock River in Essex County. This project requires a VMRC Beach and Dune Permit. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

2C. SKANSKA USA, VMRC #2026-0957, requests authorization to install a new 37-foot by 50-foot crane platform and trestle along the Southern Branch of the Elizabeth River at their commercial facility (123 Sampson Creek Road) in the city of Chesapeake. Staff recommends approval with the purchase of credits from an approved Tidal Wetlands Mitigation Bank for the loss of 599 square feet of tidal wetlands. This project requires a VMRC Wetlands permit. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

2D. SPENCER HULL, VMRC #2025-2129, requests authorization to install 227 linear feet of riprap, the toe of which may be installed a maximum of 8 feet channelward of the existing bulkhead serving 800 Heritage Point along Bells Mill Creek in the city of Chesapeake. This project requires a VMRC Wetlands and Subaqueous permit. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

2E. COLONIAL PIPELINE COMPANY, VMRC #2025-2641, requests authorization to perform ongoing maintenance of existing petroleum pipeline (Line 27) segments at multiple stream crossings, as needed in Cumberland, Henrico, Powhatan, Chesterfield, Charles City, James City, Surry, and Isle of Wight Counties and the Cities of Richmond, Suffolk, and Chesapeake. A VMRC Subaqueous permit is required for the entire project, and VMRC Wetland permits are required for crossings in the Counties of Henrico and Chesterfield, and the Cities of Richmond and Chesapeake. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

2F. WEST ROCK CP, LLC VMRC #2026-0260, requests authorization to remove an existing bulkhead and jersey wall barrier and construct two (2) rock revetments, 310 and 607 feet long respectively; and install and backfill a 277-foot long steel sheet pile bulkhead along the Pamunkey River shoreline at 1901 Main Street in the Town of West Point. Staff recommends approval of the project with the purchase of mitigation credits for the fill loss of 1,512 square feet of non-vegetated wetlands. The project requires a VMRC Subaqueous and Wetlands Permit. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.

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3A. DAVID RAO, VMRC #2026-0929, requests after-the-fact authorization to retain a 21-foot by 47-foot open-sided boathouse constructed as part of a previously statutorily authorized private pier serving 9099 Pebble Beach Lane, situated along the Potomac River in King George County. Staff recommends approval with triple permit fees of $900.00 and civil charges of $3,000.00 assessed to both the applicant and contractor in lieu of further enforcement action. THE COMMISSION APPROVED THE PROJECT BY UNANIMOUS VOTE.