VMRC denies 2.3-acre oyster planting lease near Nassawadox Creek after navigation concerns

The Virginia Marine Resources Commission on Sept. 23 denied an application to lease roughly 2.3 acres of state-owned bottom near Nassawadox Creek on Virginia’s Eastern Shore, citing navigational conflicts raised by nearby waterfront property owners.

The commission voted to deny the application by Montane Cree, who sought authorization to lease a small parcel of oyster planting ground contiguous to existing leased grounds. Associate Member Branson moved to deny; Associate Member Edwards seconded. The motion carried 4–1; Associate Member Erskine voted no and Associate Members Hand and White abstained.

The denial followed a contested public hearing in which staff and neighbors described narrow, shifting navigation channels and shoaling near private docks. Chief Kenyon, VMRC staff, told commissioners staff had evaluated the application for submerged aquatic vegetation, condemned areas and marked navigation channels and noted the downsizing of the original 66‑acre request to the current 2.3‑acre application “to mitigate conflicts.” He also said the parcel is roughly 260 feet by 600 feet and that water depths in the unmarked channel range “from maybe 2 feet on the inside to maybe about 4 feet on the outside.”

Applicant Montane Cree and her agent, Alan Killebrew, said the parcel is contiguous to existing commercial leases they are acquiring and that they have already invested in seed and operations. Cree told the commission she and her family are purchasing the upland business (referred to in testimony as Muddy Waters) and have a contract to buy the property for approximately $500,000; she also said they recently bought about $20,000 of oyster seed and planted it on adjacent leased bottom.

Opponents, who included waterfront property owners Rachel Kellum and Richard Ray, said the proposed placement would block the only viable access from several private docks to the main stem channel and “the shortcut to Bayford.” Kellum read photographs and maps into the record and said the parcel’s placement “will prevent me from accessing the main Nassawadox channel as well as the shortcut to Bayford.” Ray supplied photos showing boats transiting the same area and said commercial crabbers and watermen regularly travel through the corridor under discussion.

Commission discussion focused on whether the parcel’s placement would have more than a “minimal” impact on navigation, an evaluation factor cited in staff comments and applicable Code provisions. Several commissioners said the presence of long‑established leases nearby weighed for aquaculture development, but most concluded the navigation and shoaling evidence supported denial. Commissioner Branson observed the applicant already has substantial acreage in the area and questioned the need to expand into the narrow channel area.

Chief Kenyon and staff also explained that oyster ground leases do not automatically transfer with an upland property sale; transfers require a two‑party VMRC form and staff review. Kenyon confirmed the applicant had paid typical application costs (a $1,000 application fee, a certified plat about $750 and newspaper advertising between $200 and $300) and that the original application was reduced from 66 acres to the smaller parcel after public comment.

The commission noted it could have suggested a smaller parcel and resurveying as a compromise but that any resubdivision would reopen public notice and review. The denial was recorded as a final decision at the meeting.

The denial leaves the existing adjacent leases in place; staff said those leases remain active and commercially worked but that the specific transfer of any adjacent leases to the applicant had not been filed with VMRC at the time of the hearing.

The commission’s written file will include the public comments and photographic evidence presented at the hearing. If the applicant seeks to pursue a smaller parcel or to resurvey, staff said those proposals would be subject to new notice and public review.