We have a pending Freedom of Information Act [FOIA] request for the info the Army Corp of Engineers{ACOE] is using to determine their decision on Indigo Dunes request for a provisional permit.

Since the request, before Christmas, we have not received guidance nor the FOIA-ed material.

Without receiving the current material the ACOE is using for their decision, we obviously can’t comment with specificity, other than to make known our reasonable expectation that ACOE will hold a public hearing at a location accessible to the impacted community.  It is important to remember that ANY comment, on any aspect, will still become part of the public record of opposition.

The SDCC request to extend the deadline for comments, due to the pending FOIA request, doesn’t look like it will be approved.  The comment deadline as of the time/date of this email stands at Friday January 16th 2009 close of business.

The paragraph below explains some of the subjects that the Army Corps of Engineers (ACOE) has to evaluate as part of the permit review process:

FEDERAL EVALUATION OF APPLICATION:  The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest.  The decision will reflect the national concern for both protection and utilization of important resources.  The benefits which reasonably may be expected from the proposal must be balanced against its reasonably foreseeable detriments.  All of the proposal’s relevant factors will be considered, including conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use classification, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people.  The Environmental Protection Agency’s “Guidelines for Specification of Disposal Sites for Dredged or Fill Material” will also be applied (Section 404(b)(1) of the Clean Water Act).

Here are just a few reasons from the community as to why the permit application should be denied:

Flood hazards and flood plain values –  The addition of 5 to 7 feet of fill (48,000 dump truck loads) on the property will create an increase in the flood plain values to the surrounding neighborhoods.

Economics – The current project is projected to make a $500 million profit for the developer.  A smaller project would eliminate the destruction of existing wetlands and still result in a reasonable profit margin for the developer.

Land use and recreation – Our area is lacking 82 acres of recreational space and the Virginia Beach Outdoor Plan lists this property as a high priority.  Also, the property’s current zoning (PD-H1) only allows a total of about 350 units to be built.

The needs and welfare of the people – The Hampton Roads Planning District Commission traffic studies show projected increase of 8000 car trips per day by the year 2015.  The HRPDC reports also state the need to increase Shore Drive to 6 lanes to accommodate this increase.  The construction of 1096 units with an average of 8 trips per day (VB city numbers) will result in this exact increase.  So simply putIndigo Dunes = 6 lanes.  Current estimates to purchase right of ways and businesses and construct a 6 lane Shore Drive would cost $500 million.  All paid for by taxpayers dollars at a time when funding for highway projects is being decreased.  In addition to taxpayer dollars, safety issues would increase with the increased traffic caused by an additional 8000 car trips per day.

If you are interested in commenting on this permit application, you can send an email to the ACOE today, its fast and simple.

Send your email to the following addresses:
Kathryn.A.Edgar@usace.army.mil Lynette.R.Rhodes@usace.army.mil tim@sdcc.info

Tell them your name and why you think the permit should be denied.

You should also request an extension on the official comment period due and that a public hearing be held if the permit isn’t denied.