Thanks to Nicole L. for allowing us to post her letter:

Nicole L.
Virginia Beach, VA

Thank you very much for the opportunity to voice my opposition to project at Pleasure House Creek submitted by Tate Terrace Realty Investors, Inc.  Specifically, I have grave concerns about the potential wildlife impacts as a result of this development and ask that the Army Corps of Engineers consider the implications to wildlife in the area when considering this project.

Mr. Sandler and his team have stated that “the non-tidal wetlands at Indigo Dunes have low value as wildlife habitat” and his team also stated in their 5 April 2007 response to Virginia Institute of Marine Science questions that “no information on avian habitats has surfaced.” These statements are inaccurate and horribly misleading.  The multitude
of species that depend upon Pleasure House Point and the surrounding ecosystems will be greatly impacted by this proposed development.

In a 27 Oct 1998 site impact assessment, Walter Priest of the Virginia Institute of Marine Science found that the interior tidal wetlands were “integrally
linked to the Pleasure House Creek system” and that “these wetlands and open water areas provide important fish and wildlife habitat that contributes to the high quality habitat found in Pleasure House Creek…”  He further stated that “From the viewpoint of the marine environment, every effort should be made to minimize the filling of these wetlands and open water areas because of their value to the Pleasure House Creek System.”

The site in question is one of the last remaining undeveloped stretches of shoreline in the area.  Dr. Maynard Schaus from the Virginia Wesleyan College Department of Biology frequently visited the area for marine biology and ecology field trips.  He noted that numerous wildlife species use the area as habitat.  He also noted that the loss of these wetlands would harm native wildlife.  These wetlands represent an essential element of the local ecosystem.

During a 1994 review of the western portion of the subject site for a public boat ramp, the National Marine Fisheries Service reported that Pleasure House Creek and surrounding areas are particularly important to the juvenile blue crab (Callinectes sapidus).  The shallow nearshore areas of Pleasure House Creek and submerged aquatic vegetation found in the lower Chesapeake Bay serve as a nursery habitat for the newly settled larvae.  The larvae metamorphose into juvenile blue crabs and spread in to the Bay during Fall and Spring.

Numerous fish species are known to occur in Pleasure House Creek to include the anchovy (Anchoa mitchilli), Atlantic croaker (Micropogon undulates), spotted trout (Cnoscion neblulosus) and striped mullet (Mugil Cephalus).  The 1994 study by the National Marine and Fisheries Service also documented two marine mammals as visitors to Pleasure House Creek: the harbor seal (Phoca
vitulina) and the Atlantic bottlenose dolphin (Tursiops truncates).  The seals may inhabit the area from December through March and the dolphins are
seen in the summer months.

According to the 1994 National Marine Fisheries Service report, two species of turtle are also known to occur within the project area (specifically, the western portion of the subject site). The loggerhead sea turtle (Caretta caretta) and the world’s most endangered sea turtle, the Kemp’s Ridley sea turtle (lepidochelys kempii).  Both species are federally
listed as endangered.  These two species
are seasonal visitors to the shallow water habitat within Pleasure House Creek.  Dr. Schaus has also observed the Diamondback Terrapin (Malaclemys terrapin terrapin) in the area.  This turtle
is listed by the VA Department of Game and Inland Fisheries as a State species of concern and is also a Federal species of concern.

The Lynnhaven estuary is located within the Atlantic flyway, a migratory route utilized by many bird species.  The 1998 site impact assessment by the Virginia Institute of Marine Science noted “Bird
diversity was very high during the spring site visits indicating that these areas are important wintering habitat and migratory corridors for waterfowl and
wading birds.” Among the birds that are known to occur in Pleasure House Creek are the least tern (Sterna antillarum), brown pelican (Pelecanus occidentalis), the great and common egrets (heodias
egretta and Casmerodius albus), the great blue heron (Ardea Herodias), and the boat tailed grackle (Quiscalus major).  There have also been reports of Bald Eagles (Haliaeetus eucocephalus) in the local area.  The Department of Conservation and Recreation recently noted the potential for Pleasure
House Point to support yellow crowned night herons (Nycticorax Violaceus).  According to the Virginia Department of Game and Inland Fisheries and the Virginia Department of Conservation and Recreation, the least tern, yellow crowned night heron and the brown pelican are listed as State species of concern.

Dr. Schaus conducted a detailed census of the bird community composition through the Lynnhaven River, including two sites on the property of interest and three sites adjacent to it.  During his surveys he noted 27 bird species that use the marshes and adjacent waters on site.  The Virginia Institute of Marine Science review of this project noted that if permitted, construction activities will occur over many months to years as the project development occurs in phases,resulting in the disturbance of wading birds and shorebirds currently utilizing
the project area as foraging, breeding, and nesting habitat.  The driving of piles associated with the
construction of the two 11 story towers will likely displace the local population of water birds from the vicinity of the project site for an undetermined period of time.

In a letter from the US Department of the Interior (DOI) dated 29 Nov 1972, the DOI states that the 25 to 30 acres of wetland fill appeared to be a violation
of the Rivers and Harbors Act.  It also referred to these wetlands as a unique and indispensable part of the biotic community by providing food, shelter, and nursery areas for many animals which inhabit the estuarine ecosystem.  The DOI referred to the filling of wetlands as the riparian owner obtaining upland real
estate at the expense of public resources.  DOI’s bureau of Sport Fisheries and Wildlife objected to the filling of wetlands and their significant adverse effects on public fish and wildlife resources, especially where there is no demonstrated public need.

I ask the Army Corps of Engineers to please consider the potential implications to wildlife in the area.  If this project is approved, wetlands of primary ecological significance will be altered and the ecological systems in those wetlands will be unreasonably disturbed.  This project will directly impact a multitude of species that depend
upon Pleasure House Point.  Several of these species are federally designated as endangered, threatened or as species of concern and they deserve our protection.

Thank you,
Nicole L.

Sources
1994 NMFS Pleasure House Creek Boat Ramp Study Draft Environmental Assessment
Dr. Maynard Schaus, Virginia Wesleyan College Letter.
US Department of the Interior letter dated 11-29-1972
Virginia Institute of Marine Science Site Impact Assessment dated 10-27-1998 (Walter Priest)
Terwilliger, Karen. Virginia’s Endangered Species. Blacksburg, VA: The McDonald and Woodward Publishing Company. 1991
Terwilliger, Karen. A Guide to Endangered and Threatened Species in Virginia. Blacksburg, VA:
The McDonald and Woodward Publishing Company.1995
The Virginia Fish and Wildlife Information Service of the Virginia Department of Game and Inland Fisheries
The Virginia Department of Conservation and Recreation, Natural Heritage Program
U.S.Fish and Wildlife Services Endangered Species Program
Barrow, Mary Reid. “A Fair Way to Blend Golf and Nature.”  Virginia Pilot. 11 Nov 1996.
“Symbolic Victory.” HamptonRoads Magazine. March 2004.
Virginia Institute of Marine Science (VIMS) review of Indigo Dunes (Project 06-2601)