The applicant proposes to permanently impact 2.35 acres of tidal wetlands.  We maintain
that these impacts are sufficient to deny the permit application given the significantly
impaired state of the Lynnhaven River and the Chesapeake Bay.
The Lynnhven River is already significantly impaired as evidenced by state and federal
decisions and activities.  Ten years ago, the state listed much of the Lynnhaven River as
impaired in Virginia’s 1998 303(d) Total Maximum Daily Load (TMDL) Priority List
and Report.  The Virginia Department of Environmental Quality (DEQ) under the
ongoing TMDL process is currently addressing the impairments to the Lynnhaven River
and meetings have been held in the watershed to discuss the TMDL plan for the River.
indigo-permit-letter-DEQ.pdf [3pg pdf]

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