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VMRC approves Cockrell Farms bulkhead, dredging and concrete wharf despite neighbor protest
Summary
The VMRC approved Cockrell Farms LLC's request July 22 to replace a bulkhead, mechanically dredge 280 cubic yards, and construct a 3,420-square-foot concrete commercial wharf in Northumberland County, overruling adjacent-owner protest after staff concluded the project is consistent with commercial aquaculture uses.
The Virginia Marine Resources Commission voted 8-0 July 22 to approve an application from Cockrell Farms LLC to construct a 387-foot replacement bulkhead (mechanically dredged, ~280 cubic yards, upland disposal), and to build a 3,420-square-foot open-pile concrete commercial wharf adjacent to the Cockrell property on Little Palmetto River (Northumberland County). Staff recommended approval after reviewing permit history and concluding the proposed repair, dredging and new wharf constitute a reasonable use of state-owned submerged lands and are consistent with other commercial aquaculture facilities in the Commonwealth.
Staff said Jeff Madden and other staff reviewed historical permit records and found no unauthorized encroachments associated with prior marine expansions at the site. The application drew protests and a detailed letter from attorney Earl Stanley Murphy on behalf of adjacent property owners John Morgenthaler and Olivia Cockrell (protestors), who raised concerns about intensification of development, perceived expansions over time and potential estuarine stress. Mr. Murphy asked the commission to deny the application.
During the hearing, agent Craig Palabinski (Bayshore Design) and applicant Miles Cockrell answered commissioners' questions and described operational needs: the marina supports a seafood processing operation with oyster offloading, culling and refrigeration; the new wharf would provide covered offload space and room to reconfigure existing slips and processing equipment.
Staff noted Northumberland County had no objections, the health department reviewed upland handling, and staff found no wetland impacts requiring additional local approvals. After discussion and questions from commissioners about mitigation and existing wet slips vs an open-pile wharf, Associate Member Branson moved to approve staff recommendations; Associate Member White seconded. The motion carried 8-0.
The approval exempted the permit from royalties because the facility operates a boat repair facility, per staff. Staff did not attach a royalty or additional monetary mitigation. Protestors were heard and recorded; the commission adopted staff's recommendation after confirming permit history and local concurrence.
