A rehabilitated loggerhead sea turtle was recently released by the Virginia Aquarium Stranding Team and wandered into the Eastern Branch of the Lynnhaven River.  He is 3-4 feet in length and has a radio transmitter on his back.  According to radio transmissions, he has been in the Eastern Branch for about four days.  Stranding team members are very interested in checking on him to make sure that he is okay.  If you spot him, please do not intervene, but please do call the stranding team at 757-437-6159 and wait with him until stranding team members arrive.  The most recent radio transmission showed him to be in the Brown Cove area (Holly Point Road and Five Points Road in the Rose Hall Shores area).  We at LRNow would also like to hear if anyone spots him.  You can call our office at 757-962-5398 or email me at . 

Image from Wikipedia.

Loggerhead Sea Turtle at Wikipedia.
Google Images search for Loggerheard Sea Turtle.

…5 weeks after we broke the story.

Even 3 weeks after an update.

In the May 30 incident, Koetter said, “the bridge structure itself sustained no damage. The fender system … protected the bridge pilings from collision.”

Technically, it was an allision, not a collision.

Read the article here.

You know you really want to comment about it taking 5 weeks for the media to cover this….
Go ahead… ‘DISCUSS’ below.

NOAA is joining Restore America’s Estuaries on May 22 to introduce the findings of a new report, “The Economic and Market Value of Coasts and Estuaries: What’s At Stake?” The report was funded through NOAA, and produced by a number of well-known scientists and economists.

“The productivity of our coastlines is up there with the Fortune 500 companies,” said Jeff Benoit, President of Restore America Estuaries. “Yet historically, we have overlooked the critical role our coasts play in contributing to the national economy.”

Findings documented in the report include values gained from healthy coasts, such as:

  * Beach going in the United States may contribute up to $30 billion annually in economic wellbeing to Americans; and
  * Recreational fishing along the coasts could contribute between $10 billion and $26 billion per year in economic wellbeing.

The report also identifies the threats and costs associated with damaged ecosystems that could be restored:

  * 45 percent of America’s petroleum refining capacity is at risk due to wetland loss in the Gulf of Mexico; and
  * Dredging in U.S. waterways, often a result of deteriorating environmental conditions, costs the economy nearly $600 million annually.

The report, available through Restore America’s Estuaries’ website, is the first step in a longer-term effort by the organization to make the economic value of restoration a more integral part of coastal planning and management.

Public Notice Lynnhaven Marina Rezoning Information JULY 3,2008 [6pg PDF]

Dan suggested reading this article:
Our political leaders speak of crossing party lines to achieve greater unity. Maybe we should all cross the invisible lines between our homes and achieve greater unity in the places we live.

Don’t only read it… think about doing it…
Read entire article in the NYTimes.

From Faith Christie, City Planner for City Marina:

…We’ve checked the file, and he is correct an adjacent property owner was not notified. Therefore we have to defer the request for another month. We will place the request on the August 13, 2008 agenda and move forward from there. We will make sure all adjacent property owners are notified….

As you know, Pleasure House Point is the #1 property to purchase for open space in the 2000 Virginia Beach Outdoors Plan.
Follow the info below and email your feedback to ensure it remains #1 for the 2008 Report:
Dear Valued Stakeholders,

On behalf of Parks and Recreation Director, Cindy Curtis, we would value your feedback on the final draft of the 2008 Virginia Beach Outdoors Plan.  The Outdoors Plan is the City’s guidance document for open space acquisition and outdoor recreational planning.  It is a significant component of the Virginia Beach Parks and Recreation Strategic Plan and a reference document to the City’s Comprehensive Plan.

We are providing a stakeholder review period from July 1, 2008 through July 31, 2008. Residents may also provide input on the Plan at the Open Space Subcommittee’s July 28, 2008 monthly public meeting.  We value your input and welcome your comments.  We realize and appreciate that your review perspective depends and will differ greatly on your relationship within or to Virginia Beach. If you have any questions as to what section of the Plan you should focus on, please call me (Brian Solis) at 385-1109.

In order to be “greener” in our planning and correspondence process, we are attempting a “paperless” review of the Plan.  Please follow, or have your staff follow, the following three easy steps to review the Plan:

Step #1 – Visit the website:  http://www.vbgov.com/OutdoorsPlan  to download the entire Plan or by section.

Step #2 – Review the Plan or sections that are of primary interest to your organization.

Step #3 – Email comments back to me by replying to this email address or

Hard copies of the Plan will be available at any Virginia Beach public library.

Your feedback will be considered with the final adoption of the Plan.  Parks and Recreation staff will be briefing the City’s Bikeways and Trails Advisory Committee, Parks and Recreation Commission, Planning Commission and City Council on the Plan this summer. The Plan will be considered by City Council for final adoption in September/October 2008.

Thank you in advance for your time and efforts.

Sincerely,

Brian S. Solis, AICP

City of Virginia Beach
Department of Parks and Recreation
Planning, Design & Development Division
2408 Courthouse Drive – Municipal Center, Building # 21
Virginia Beach, VA 23456
Office:  (757) 385-1109   Fax:  (757) 385-1130   E-mail: 

Our vision is a balanced, sustainable and value-focused system of parks, recreation and public spaces that creates a sense of community.

As entertaining as “personal” fireworks have been:
This year the VB Police Department and VB Fire Marshall will be working together in several areas of the City to combat illegal fireworks.  Each Fire Marshall will be teamed up with a police officer and they will patrol areas where they have had complaints.  They will be specifically targeting the Shore Drive area, especially the beach.  There is a zero tolerance policy.  If you are caught with any illegal fireworks, you will be issued a summons.  It is a Class 1 misdemeanor, with a maximum punishment of up to 1 year and a $2,500/fine. 

The City Code:
Sec. 12-43.2.  Fireworks and pyrotechnic displays unlawful; exceptions.
(a)  Except as otherwise provided in this section it shall be unlawful for any person to transport, manufacture, assemble, store, sell, offer or display for sale, or to buy, use, possess, ignite or explode any firecracker, torpedo, sky rocket, sparkler, or other substance or device that contains any explosive or flammable compound or substance, and is intended or commonly known as fireworks, and which explodes, rises into the air or travels laterally, fires projectiles or discharges sparks into the air.
(b)  The provision of this section shall not be applicable to any organization or group of individuals which has been granted a permit by the fire official for the public or private display of fireworks or pyrotechnics, provided that such fireworks are stored, handled, transported and used in compliance with the terms and conditions of such permit.
(c)  The fire marshal or any law enforcement officer shall be authorized to seize, take, remove or cause to be removed, at the expense of the owner, all fireworks offered or exposed for display or sale, stored or held in violation of this section.
(d)  Violation of any provision of this section shall constitute a Class 1 misdemeanor.

From Pam at First Landing State Park…

CONTACT her to volunteer!

Hello Volunteers,
ON JULY 20TH 2008 FROM 1:00-5:00 P.M. at the picnic shelter the park will have again for the second year
DOG DAYS OF SUMMER!
We need 13 volunteers or more to help with the event..
2 volunteers needed for set up
8 volunteers for assisting guest with activities
2 volunteers for assisting Doggie Day Spa
2 needed for craft tables
1 volunteer at the iinformation table
1 volunteers to assist with Doggie Fshion show.
1 volunteer to take photos
2 volunteers needed for break down/clean up.

If you love Dogs this will be your cup of tea..
Last year it was a success.

Events will include:
Pooch Photos
Doggie Day Spa
Fido Fashion Show
Resue Dog demos
K-9 demos
and lots of exhibits.

If you are interested in volunteering, please let me know by or you can contact me at 536-0088. Thank for for all you to for First Landing!

Pam Kern
Volunteer Coordinator

From Emily McBride, President, Lesner Cove Condominium Association:

June 29, 2008

To Whom It May Concern:

The Lesner Cove Condominium Association located at 2140 Vista Circle, Virginia Beach, VA., is opposed to the rezoning of the City Marina from P-1, Preservation to B-2, and Commercial for the following reasons:

  * The Marina as it exists and is managed at this time is a public service to the taxpayers of Virginia Beach and one of the last facilities controlled by the city that is located in this water based recreation area. In a time when the preservation of all natural space is important and discussed by the city in various meetings, we feel that maintaining the Preservation Area zoning is in keeping with the city plan to preserve as much natural space as possible. We feel that the Marina is a feather in the City’s cap and do not understand why the City would want to give up control. Was this an opportunity to be explored because it would be a solution to the parking problems that exist with the commercial establishments in the area?

  * The Marina is a profitable property for the city returning $54,000 annually to its coffers. If leased, there is no guarantee that the city will make more money than it already does. What is the need to allow a private entity to use it commercially and what are the exposure risks to the city if the management is outsourced? Why would the city want to hold property for a commercial purpose?

  * We are concerned about a private manager asking to put fuel tanks back on the property. The tanks that were there before split and fuel seeped into the ground and river. Oversight of fuel tanks would be the responsibility of the city creating more responsibility for the city. Has anyone asked the management of the City Garage if they want to have oversight for fuel tanks being reinstalled on the property? Again what is the risk to the city, property, river and surrounding neighborhoods and restaurants?

  * Vista Circle, the street address of the Marina is already overcrowded with traffic that at times, blocks the street both ways making it impossible for emergency vehicles and residents to gain access to their homes and businesses there. The area around the Marina includes a large number of residential homes and condominiums. Presently the marina generates little traffic other than a few boat owners and the Virginia Beach Marine Police which operates several police boats from there. The increase in traffic from a commercial establishment would have an all round detrimental effect on the community. The remaining empty piece of property abutting Chick’s Restaurant on the West side and owned by Mr. Francis, and now, for sale again, has already been zoned for a restaurant should he decide to build it, which will create more traffic on Vista Circle. We don’t feel that turning the Marina into a commercial entity and creating even more traffic challenges and more need for parking in the area is a responsible decision on the part of the City.

  * We have heard for several years about the creation of Waterman’s Walk in this area. Creation of Waterman’s Walk was a nice plan but would require business owners along the river to surrender property on the riverfront for a walkway. On the original plan for this nice thought, there was to be a parking lot at the intersection of Shore Drive and Vista Circle. We know of no plans that the city has at this time to purchase property for such a parking lot nor are we aware of any plan that the city has in place to gain access to the property on the riverfront necessary to accomplish “Waterman’s Walk.” Therefore rationalizing that this is a part of the city’s plan for Waterman’s Walk is not valid. There is no specific plan.

  * While we understand that one of the proffers is to maintain the open space at the back of the Marina Property, we believe that the whole Marina is “open space” and needs to be preserved as is.

We will be attending the zoning hearing on July 9th and requesting that the city not rezone the City Marina. Any help or input you can give would be appreciated.

Respectfully,

Emily McBride, President
Lesner Cove Condominium Association

A pedestrian was struck in the 2800 block of Shore Drive around 11 p.m. Thursday.
Read article at Pilotonline.com.

2nd Police Precinct as of the time of this post had no additional info.

SDCC General Meeting – Monday June 30, 2008, 7:30 to 9:00pm
Ocean Park Volunteer Rescue Squad Hall (parking in back, on side streets and across Shore Drive)

Program/Presentation – Mr. Lou Paulson, Posieden Court Condominiums, will be discussing viewpoint as to why it’s a bad idea for Cape Henry Beach landowners to sign over a public easement to the City for sand replenishment. The Sand Replenishment project is one that has been discussed for awhile and has a potential project date of late 2009/early 2010. If you are in favor or against, come on out and hear Mr. Paulson’s views.

The general agenda for the evening will be:

Officer’s Reports – Brief Reports
Secretary – Tim
Treasurer’s Report – Leslie
Vice President & President – Daphne & Todd

Old Business-
Indigo Dunes Project – Department of Environmental Quality (DEQ) held a Public Meeting on Monday June 9th, that was attended by over 130 residents in opposition to the project. DEQ’s report is in favor of the plan. The deadline for public comment was June 24th. SDCC has submitted a box of documents and opposition letters in hopes to persuade the Water Control Board (WCB) to vote against this project at their July 28th meeting. The WCB is scheduled to meet on July 28th in Richmond and vote on this project.

Lynnhaven Boat Ramp (LBR) Proposed Spoils Transfer Station – Many Ocean Park residents have been involved in identifying the problems with this project. Due to their diligence, it appears that the LBR has been moved down on the list of possible sites. Council is pursuing possible land purchases as an alternative. Also, as a testament to the opposition’s concerns, a barge recently ran into the Lesner Bridge justifying the community’s opinion that the project would create too large a risk.

Proposed Rezoning of City Marina – Planning Commission review is scheduled for July 9th at noon in City Council Chambers. SDCC plans to take a vote at our June 30th general meeting, so please come prepared to discuss and vote. Visit the website for latest proffers and restrictions. Remember, the current arrangement is a money making venture for the City, about $50,000 per year. Making it a private venture runs the risk of losing this income.

Phase IV Shore Drive Demonstration Project – A citizen information meeting was held on Thursday May 22nd regarding the planned improvements to Shore Drive between Marlin Bay and East Stratford Rd in the Ocean Park area. Several street closures and median cut fill-ins are planned for this area. Attendance was small to the public meeting, so Ocean Park may want to get information directly to its effected residents. SDCC has asked for electronic versions of the presentation and will forward as soon as they are received.

SDCC Oyster Roast – Mark your calendars for Saturday Nov 15th from noon until 4pm at the VB Resort Conference Hotel. Committee meetings will begin in July. Volunteers are needed, email Todd if you’re interested in helping. Todd@sdcc.info

SDCC Officer Nomination Committee – The nominating committee is getting an early start for the upcoming election of 2008/9 officers. If you are interested in running or know of anyone that may be, please contact Dan Creedon at DanVaB@aol.com. The committee will make their presentation of names at the October 27th general meeting.

New Business –

Action Plans for PHP – Discuss and vote on any actions or position statements. Email campaign, Should we send emails to the WCB before the July 28th meeting? Should we call them beforehand? Discuss how we want to best use our legal counsel for the Richmond meeting. Who needs to go to the Richmond meeting, should be rent a bus?

City Council Candidate Forum and Questionnaire – Where should a forum be held? When should it be held? Who should be the moderator? What type of format should it follow? Be prepared to discuss these questions and volunteer for the forum committee. Also be thinking of questions for a candidate questionnaire.

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]

Visit WetlandsWatch.org.

One argument submitted by SDCC today requesting the denial of DEQ’s Draft Permit proposal for Indigo Dunes.

Special thanks to everyone who was involved in putting together this particular comprehensive legal document clearly outlining how, by law, this application must be denied.

Dear Shore Drive Residents,

Your help is desperately needed to stop the largest development to ever be built in the Shore Drive corridor.  The regional DEQ has issued a preliminary permit in favor of the Indigo Dunes project that will destroy over 1.5 acres of wetlands and allow 1069 new residents in the most densely populated area of Virginia Beach.

What can you do?  A simple email in opposition to the project would help tremendously.  The deadline to send emails is Tuesday June 24th.  The email can be in your own words or a simple forward of the following draft.

As of the writing of this post, DEQ’s email is “down” and they do not have any idea when it might be back up. Currently – the drop dead date on comments is still close of business Tuesday, June 24th.

As many of you know, their email has been down since at least Saturday.

Regulator at DEQ suggested writing a letter or faxing instead of email as “email goes down all the time here”.
Address & fax information for DEQ’s local office.

Dear Ms. Kattan,

I am adamantly opposed to the proposed Indigo Dunes project and request that it be denied based on the following reasons:

1.    Based on previous evaluation, VADEQ should not consider issuing a provisional permit for these same wetland fills. 

2.    The proposal has no justifiable hardship and by law should be denied. 

3.    VA DEQ should not even consider issuing a provisional permit for this project based on similar violations identified by DEQ sister agency CBLAD. 

4.    We strongly believe an independent 3rd party Functional Assessment should be completed as several agencies do in fact find value in the wetlands slated for destruction with this draft permit.

5.  Zero wetland and riparian buffer impact must be a non-negotiable requirement.  As the law states, avoidance of wetland destruction must come before mitigation.  100% avoidance is possible.

Thank you for your time and consideration.

Sincerely,

(Place your name here)

The email should be addressed to Ms. Sheri Kattan of the local DEQ.  Her email address is sakattan@deq.virginia.gov  Also include Tim Solanic on your email so the SDCC can maintain a copy in case DEQ loses theirs.  Tim’s email is tim@sdcc.info.
Address & fax information for DEQ’s local office.

Thank you for your help in saving the wetlands and the quality of life in our community.

Todd Solomon
Shore Drive Community Coalition – President

Visit http://www.sdcc.info for additional information regarding the Bayfront area.

Emailed Ms. Kattan & Mr. Daniel the following email which was also kicked back as a “permanent failure” at 9:10am Monday, June 23rd 2008.

Final-Recipient: rfc822;sakattan@deq.virginia.gov
Action: failed
Status: 5.0.0 (permanent failure)
Remote-MTA: dns; [192.234.164.3]
Diagnostic-Code: smtp; 5.1.0 – Unknown address error 550-‘5.7.1 Unable to relay for sakattan@deq.virginia.gov’ (delivery attempts: 0)

Final-Recipient: rfc822;fldaniel@deq.virginia.gov
Action: failed
Status: 5.0.0 (permanent failure)
Remote-MTA: dns; [192.234.164.3]
Diagnostic-Code: smtp; 5.1.0 – Unknown address error 550-‘5.7.1 Unable to relay for fldaniel@deq.virginia.gov’ (delivery attempts: 0)

—————Forwarded message—————
From: “Tim Solanic – Shore Drive Community Coalition”
To: fldaniel@deq.virginia.gov, “Sheri Kattan”
Date: Mon, 23 Jun 2008 09:03:20 -0400
Subject: test email
Hello,

I have received multiple emails from people saying their emails did
not get through to DEQ over the weekend.

They received this message:

###
Subject: Delivery Status Notification (Failure)

The following message to was undeliverable.
The reason for the problem:
5.1.0 – Unknown address error 550-‘5.7.1 Unable to relay for
fldaniel@deq.virginia.gov’

###

This is the message I’ve received from emailing Ms. Kattan last evening as well:

###

The following message to was undeliverable.
The reason for the problem:
5.1.0 – Unknown address error 550-‘5.7.1 Unable to relay for
sakattan@deq.virginia.gov’

Final-Recipient: rfc822;sakattan@deq.virginia.gov
Action: failed
Status: 5.0.0 (permanent failure)
Remote-MTA: dns; [192.234.164.3]
Diagnostic-Code: smtp; 5.1.0 – Unknown address error 550-‘5.7.1 Unable
to relay for sakattan@deq.virginia.gov’ (delivery attempts: 0)

###

Emails were also automatically responded in the same fashion when
addressed to fldaniel@deq.virginia.gov.

In regards to the “permanent failure” to deliver concerned citizens emails:

How will DEQ, the State Water Control Board & others know how many
people have emailed comments & what those comments are?

How will people who’ve taken the time to email their comments know the
appropriate people have received them?

How many of those who’ve emailed who receive the “undeliverable”
automated email will believe that their voice is being heard by the
Commonwealth?

How many of those who’ve received the “undeliverable” automated email
will actually understand it, and attempt to email the appropriate
people again in time for the Public Comment Period end date?

What kind of steps do you believe are appropriate to remedy this?

Thank you in advance for your prompt attention & advice on this critical matter.

Sincerely yours,

Tim Solanic
Shore Drive Community Coalition

CityMarina-PlanningJuly08.pdf [2pg PDF]

In case you missed the article in the Pilot:
Starting in early 2009, a new, 220,000-square-foot building will begin to rise at the marina. It will be built in five stages and take between five and 10 years, she said, and is to feature retail on the lower level with office space above.
Read article & comment at Pilotonline.com.

Be sure to email DEQ by June 24th and ask them to deny Indigo Dunes any permit.

Great to know our local media still apparently believes the barge strike on the Lesner Bridge isn’t worth covering.

Wonder if the tourists on the boat tell their friends back home about the crane fixing the damaged bridge.