Editorial page of Virginian-Pilot still does not understand wetlands law

…- the development would replace man-made drainage ditches with man-made wetlands, which would improve stormwater flow and clean the water that drains into the Lynnhaven River.

Reality is this current slightly altered proposal would in fact destroy viable wetlands.
Must admit the editor who wrote this has come around to the facts the development is too large & still faces many, many hurdles.
Read entire editorial and comment at Pilotonline.com.

 

 

Cape Story’s 45th 4th of July Parade/Brunch & Fireworks

This event is a great, great time!

REQUEST FOR YOUR CONTINUED SUPPORT
for
DONATIONS FOR FIREWORKS
Make Checks to CSBTS (Cape Story by the Sea) FireWorks
and mail to
CSBTS
PO Box 700
Virginia Beach, Va 23451

and VOLUNTEERS for ALL July 4th Events

    CALL FOR MANLY TRUCKS
to transport shells over the dune for fireworks

(1PM at First Landing Park- takes about an hour or so.
Please contact Todd Solomon at 496-5733 or todd@sdcc.info )

This year’s parade and brunch will take place from 10:00 am to 12:00 pm on Friday July 4th.  The parade route will start on Beech at the bike path, proceed down Beech to Poinciana, follow Poinciana to Bayberry, turn left on Bayberry and end in the neighborhood park. All bike riders, floats and marchers need to line up on BEECH STREET for the parade between 9:30am – 9:45am.

This year’s parade theme is RED, WHITE & BLUE and GREEN – Cape Story saves the environment.  Awards will be given for Most Original, Most Patriotic and Best Theme. Bribing the judges is greatly encouraged!  The parade will be followed by a brunch in the park. There will also be biscuits, doughnuts, fruit and patriotic tunes.

The annual fireworks show will once again be presented by Zambelli Fireworks Internationale. The display will consist of over 700 shells and will be launched around 9:20 pm on Friday July 4th from the beach at First Landing State park. The rain date will be Saturday July 5th at the same time. Please pass the word that personal fireworks should not be launched until after the show. Use of personal firework before the show may result in cancellation.

Volunteers are still needed for all of the 4th of July events.—- Brunch set-up, Brunch Clean-up, Brunch servers – Please Arrive at the park at 9:45am to help.—-Fireworks set-up and clean-up – Trucks and movers are asked to arrive at First Landing at 1:00pm

Trucks and movers are desperately needed for the fireworks.  Last year we had a great group of people to support this event and it ran very smoothly.  Let’s do it again this year.  Please contact Todd Solomon at 496-5733 or todd@sdcc.info
                   
          GET OUT YOUR RED, WHITE & BLUE and Green!!!
                    SEE YOU AT THE PARK on the 4th
                                Empsy Munden, Pres.  CSBTS

Hours of fun with Google Maps Street View for Hampton Roads

What better place to start than counting Bald Eagles on Pleasure House Point?

View Larger Map Click over there then click on “Street View” at the next link.

Cool stuff.

BAC Design Subcommittee meeting June 17th

The Design Subcommittee of the Bayfront Advisory Committee will meet at 8:00 a.m., Tuesday, June 17, at the First Landing State Park Trail Center Conference Room.  The Trail Center Conference Room is located at the end of the park road leading south from the Shore Drive park entrance where parking is located to access the nature trails.

The Subcommittee will be continuing its discussions about pursuing recommendations for revisions to the Shore Drive Corridor Plan, the Shore Drive Design Guidelines, private encroachments on City right-of-way, and related matters.

The meeting will be open for the public to observe; however, there will not be an opportunity for the public to participate in the Subcommittee’s deliberations.

For additional information prior to the meeting, call Clay Bernick in the Planning Department at (757) 385-4621.

Audio of DEQ Hearing re: Indigo Dunes will be posted

Thanks to DEQ for providing us the audio from last night’s presentation, Q&A & Hearing.

Audio will be posted at this site sometime tomorrow, Weds.

Over 100 residents attend DEQ Hearing

“In a highly developed watershed, it’s a very serious loss,” said Karen Forget, executive director of Lynnhaven River Now, a nonprofit environmental group.

Over the past three years, there has been a permitted loss of 1.25 acres of wetlands in the river’s watershed, which stretches for 64 miles. The plans for Indigo Dunes calls for the elimination of 2.35 acres, Forget said.

Read & comment at Pilotonline.com.

The proposal still includes destroying wetlands, riparian buffers, all mature trees on the site, and the filling in of Pleasure House Point with up to 7-8ft of unknown fill.
The State Water Control Board will hold a 1 or 2 day Hearing in Richmond tentatively scheduled on July 28th.

This is far from over. Conditional Permit obtained so far is from Army Corp of Engineers. It has conditions that are strongly believed they can not meet. This Hearing, & Hearing coming up in Richmond is for a Conditional Permit. Other Permits required are a Wetlands Permit, Chesapeake Bay Area Preservation Board Permit, Conditional Use Permit from City of VB, City Council approval & others.

Thanks to DEQ for providing the public an evening Hearing.

Thank you for coming out and writing your emails expressing your concerns with a project that would destroy Pleasure House Point.

Another email in opposition to Indigo Dunes receiving a conditional permit from DEQ

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Be sure to email Ms. Kattan your letter!

Dear Ms. Kattan,

Thank you for your willingness to hear feedback on the possible approval by the Department of Environmental Quality regarding JPA #2 submitted by Sandler at Indigo Bay LLC.

You will undoubtedly hear from many who know much more about the technicalities of the environmental impact of this project on this beautiful piece of open space. My main objection to this proposal has always been based on density. However, I cannot understand how this proposal can even be considered when it is inconsistent with laws, such as the Chesapeake Bay Preservation Act, already in place to protect our environment from this type of destruction. Furthermore, the negative impact on wetlands and marine waters will be permanent – once the destruction is done it cannot be undone.

Now is the time to send a message in support of the efforts of the many volunteers working diligently to protect resources such as the Chesapeake Bay and Lynnhaven River. Now is the time to strictly enforce the regulations in place for that purpose and put a halt to the proposed destruction of our environment and quality of life for the sake of monetary gain. I strongly request that this proposal be rejected.

Yours truly,

Patricia Mirani
Ocean Park Resident
Ocean Park Civic League Board member

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Be sure to email Ms. Kattan your letter!

Article about Indigo Dunes trying to back into required Permits

Virginia Beach is appealing to Circuit Court a decision by the Virginia Marine Resources Commission to allow the destruction of some wetlands on the site. The VMRC decision and the city’s appeal are based on the Sandlers’ initial application.

The Sandlers will have to start the city approval process from the beginning with the revised plan, according to Kay Wilson, an associate city attorney.

The Sandlers’ representatives disagree. The changes in wetlands impacts are just modifications of the original request, Williams said.

Read & comment at Pilotonline.com.
DEQ Hearing Information for Monday night.

“We’re very encouraged; we think we have a great project,” said Debra Williams, a Sandler spokeswoman. “If people really look at what we have in there, they’ll realize we’re cleaning up a mess.”

Part of the “mess” they are going to bulldoze, & fill in with unknown fill to “clean up”.

Comment in opposition to Indigo Dunes JPA#2 re:DEQ

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Be sure to email Ms. Kattan your letter!

Dear Ms. Kattan:

I am writing to you in opposition to the latest Indigo Dunes #2 JPA submission as a revision from previous versions that was submitted in effort to seek approval for perhaps one of greatest threats of destruction to what remains of the Chesapeake Bayfront-Shore Drive area, the Lynnhaven Inlet and its sensitive watershed areas.

This proposal will introduce the final step of devastation to the watershed resources and wetland buffer areas contained within the mouth of the Lynnhaven River at the Chesapeake Bay. This will affect water quality, just as the cumulative effect of all of these types of projects within such wetland RPA’s do. There is historical evidence for that all along the Chesapeake Bay and East coast where wetland areas continue to be eroded in favor of profit. DEQ must take a stand in these matters where it has become clear that avoidance and minimization has not been practiced fully, with less than substantial or even factual justifications being provided. This entire project’s build out rests on one motive only: maximum profit. That is the only aspect of this proposal being pursued to “the maximum extent possible”.

In an earlier letter, you requested the applicant to submit alternate scenarios to an “all or none” proposal, and that would presumably include proposal versions that reduced density and did not require the complete destruction of so much RPA and wetland combined land areas. Where are those submissions from the developer and if they refused, why was this so? I object to the smokescreen they have used that “unless” they completely wipe out and back fill the entire area, they will be unable to effectively clean the combined runoff pollution from Ocean Park and their own overly dense development. That is a diversion and essentially, an extortion, whereby saying if you dont give us what we want, we don’t design an effective pollutant removal system for our own project.

The next unanswered question is: ‘“Who has proven that Ocean Park’s run-off (93 million gallons they report) moves across and then down Marlin Bay into drop inlets that connect to the separate canals?  Why has DEQ not requested proof of this when almost the entire justification for destruction and impact has been turning on this issue (environmental clean-up) according to the applicant? The rationale of the aesthetics of dividing land bays and what it will make the project “look like” is hardly sufficient an explanation. Quite frankly “good environmental stewards” don’t strip, fill and bulkhead 70 acres of wooded-wetland RPA buffer and watershed, build a totally out of proportion development inconsistent with the needs or welfare of the community and then pretend that 50% more impervious concrete and stone, 3000+ more people, their vehicles, pets and property, as well as construction accidents and faulty designs, and any other of a 100 different factors will not disturb and degrade the quality of the community, its resources and the surrounding waters. This is what DEQ is supposed to be evaluating.

Additionally, we want to know who has defined the wetland canals as “valueless, ineffective and impeded, without full tidal inundation”? These were descriptives used in the proposal in order to justify. By observation, those canals, and the RPA-buffers around them are fully exposed to unrestricted tidal flow as defined by water freely moving without obstructed or pressured influence thru the connecting pipes. This is plainly clear during the most intense storm events as well as during any regular tidal changes occurring daily.  We are requesting that an independent provide determination because again, this proposal is making assertions that on the face, are not supported by evidence, and that are being used to justify the reasons for the extent of proposed destruction.  This is not avoidance and minimization to a fullest extent possible, where impact is based fully on the fact that there is no other way to do it, That is clearly not the case. The easiest answer would simply have been: reduce the density. Period. A decision that would have still allowed development but within the prevailing protective regulations as well as for the welfare and good of the public interest. But the applicant developer has refused to do that because to avoid would mean being unable to reaching a profit of “maximum extent possible”. That is exactly why protective regulations are in place and review boards exist: to keep that very type of development such as an INdigo Dunes from happening when it does NOT serve the public’s best interest and worse yet creates an environmental casualty. DEQ, among others is charged with insuring those interests are preserved and protected.

This entire proposal is perhaps the most gross display of greed and arrogance we have witnessed in some time and agencies such as DEQ are not helping the matter, in terms of protecting the public’s welfare and preserving environmental resources that absolutely affect water quality within wetland watersheds. This project proposal does not serve the interests of the greater public good or our long term welfare for all who lie along the Chesapeake Bayfront-Shore Drive area. It is designed with one purpose and one purpose only, maximized profit at any expense This project does not exemplify good stewardship of the environment or an effort to restore, preserve or responsibly manage a communities resources in combination with development that ultimately determine the value and quality of a community. The applicant’s Indigo Dunes is trying to force-shove an elephant into a “small yard baby pool” and convince the neighbors, through the avoidance of facts and truth, that he will be clean and no problem. This is untrue and we are not buying, nor should the public agencies evaluating this project.

I look forward to talking with you at the Public Hearing on the 9th

I am,
Sincerely,

Walt Stone
Ocean Park Resident

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Be sure to email Ms. Kattan your letter!

Functional value calcs of wetlands re:DEQ Hearing on Indigo Dunes JPA#2

FuncValAss-ID-DEQ-6-08.pdf [33pg PDF]

Docs include historical satellite imagery showing Pleasure House Point had far more wetlands.

A shorter example email for DEQ re:Indigo Dunes JPA#2

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Be sure to email Ms. Kattan your letter!

Regarding the revised JPA on Indigo Dunes I strongly object to the proposal which clearly does not minimize the impact on this functioning wetland area as the law requires. I cannot imagine that allowing this high density project on this fragile waterfront would pass any test to minimize discharge and pollution. While the builder certainly has a right to develop his property it should be done within the current laws and guidelines that are there to protect our already threatened waterways as would be required of any other waterfront property owner. The property could easily be developed without being granted unnecessary exceptions and the public expects your agency to follow your charge: “Protects the environment of Virginia in order to promote the health and well-being of the citizens of the Commonwealth.” With the current concern of the public with environmental issues and the cleaning up of our waterways it would be a mistake to take a step backwards rather than a strong stand toward protection.

Thank you for taking the time to consider the citizens’ view.

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Be sure to email Ms. Kattan your letter!

Citizen Information Meeting on the West Great Neck Road Sidewalk Improvements Set for June 5

Release Date:  Tuesday, June 3, 2008 3:30 p.m.

The community is invited to attend a Citizen Information Meeting on Thursday, June 5, from 5 to 7 p.m. at the John B. Dey Elementary School, 1900 N. Great Neck Road, on the West Great Neck Road Sidewalk Improvements CIP Project (#4-020.002).
The project will provide a continuous sidewalk from Shore Drive to the bridge on West Great Neck Road, including construction of a five- to six-foot-wide sidewalk.  New concrete entrances and curb and gutter will be added at various locations, as well as pavement improvements at Buccaneer Road. The project will be completed in two phases.
More at VBGov.com.

Letter to DEQ from OPCL Prez re: Indigo Dunes

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Be sure to email Ms. Kattan your letter!

From Mike:

Ms. Sheri Kattan, Project Manager
Virginia Dept. of Environmental Quality
Tidewater Regional Office
5636 Southern Boulevard
Virginia Beach, Virginia, 23462

Dear Sheri,

I am writing you today in protest of the Dept. of Environmental Quality’s intention to approve JPA #2 submitted by Sandler at Indigo Bay LLC which requests authorization for the destruction of tidal wetlands, non-tidal wetlands, vegetated and non-vegetated wetlands and RPA buffers for the sole purpose of constructing 1063 housing units and additional structures as part of a mixed-use development in pursuit of maximum profit.

If approved, this decision will set a precedent and severely weaken well established VA Law intend to protect such areas. Our statutes’ clearly state the applicant must make all efforts to avoid and/or minimize impacts to wetlands. Pleasure House Point (PHP) measures nearly seventy acres and certainly offers ample opportunity to construct a significant number of residential and commercial units without impacting these vital resources.

PHP is the last remaining natural habitat of significance on the Lynnhaven River, as recently exhibited by the City’s inability to find even a small site to transfer dredge spoils from the Lynnnhaven. Its total loss would be a tremendous detriment to the public. While admittedly not a perfect site or setting, there is no reason it cannot be developed in a more environmentally sensitive manner and make a tremendous contribution to the health of the Lynnhaven and Chesapeake Bay Eco-System.

DEQ approval of this JPA will send a clear signal that they are unwilling to enforce our environmental protections, as the Indigo Bay JPA clearly does not meet the criteria established by law to warrant this drastic reconfiguration and transformation of PHP. On behalf of the resident’s of Ocean Park, I ask that you please enforce our environment regulations and reject this application.

Sincerely,

Michael D. Wills
President, OPCL
3841 Jefferson Blvd.
Virginia Beach, VA 23455

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Be sure to email Ms. Kattan your letter!

Executive Director search for Virginia Coalition for Open Government

As strong advocates of transparency in government, we offer the following info:

Search Continued:
Executive Director
Virginia Coalition for Open Government

Wanted:  Energetic access advocate to lead the Virginia Coalition for Open Government into its second decade.

The mission of the Coalition is to educate the public and government officials about the importance of open government, to advocate access to local and state governments, to monitor access issues, to lobby lawmakers on issues related to freedom of information (within IRS limits), and to be a resource for the public, the press and the government on access-related issues.

The executive director is responsible for leading the Coalition’s programs of education, lobbying and fund-raising.  He or she must also manage an annual budget and an endowment fund.  The executive director must also oversee an interactive Web site and daily listserv, supervise a part-time assistant and produce a newsletter at least twice a year.

The executive director will also be expected to help the Coalition anticipate emerging issues and devise strategies to address them, to broaden and increase the Coalition’s membership and to raise funds.

It is important that the new executive director be a visionary capable of coordinating the open government efforts of affiliate constituencies and developing a strategy for continuing the Coalition’s goals in education, lobbying and financial security.

Candidates must have bachelor’s degrees in journalism, communication, government, business or related fields and an employment history that reflects compatibility with the mission of the Coalition.  An advanced degree is desirable.

Compensation consists of a salary and benefits package of approximately $50,000 per year.  Possible benefits include telecommuting within Virginia and a flex-time work schedule.  Part-time compensation and a part-time work schedule can be negotiated except during legislative sessions.

To apply:  Send a cover letter, resume and contact information for at least three references to: vcogjobs@gmail.com. Application deadline is June 30, 2008

For more information, visit http://www.opengovva.org, or contact Dorothy Abernathy at dabernathy@ap.org.

Another example letter for DEQ re:Indigo Dunes JPA#2

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Be sure to email Ms. Kattan your letter!

From Grace:

Dear Ms. Kattan

I am uncertain whether or not I will be able to attend the DEQ hearing on this matter on June 9, 2008.  I would like to register my comments, as a resident of Ocean Park and as an officer of the Ocean Park Civic League.

While I understand that the developer of this parcel has the right to build on his property, that right must be bounded by the local, state, regional and federal guidelines which are in place to prevent the degradation of natural resources to the public’s detriment.

I have viewed the developer’s proposal and find that his claim that his development, with his on-site water treatment designs, is disingenuous.  Furthermore, his present proposal, much like his last one, ignores the mandate which is present when building in a wetlands area.  To wit:  avoid, minimize, ameliorate.  The developer has not yet met even the first goal:  avoidance.

I urge you and DEQ to stand fast for the long-term interests of residents, environmentalists and taxpayers who will be shouldering the burden of this unconscionable over-development.

Sincerely,
Grace Moran
Treasurer, Ocean Park Civic League

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Be sure to email Ms. Kattan your letter!

More pics of barge strike on Lesner Bridge

Fortunately it was a small barge and it damaged only part of a fender.
Heard it’s about $200,000 damage & an editor from the Pilot has put the news room on it as of today.

When we have the Coast Guard report we’ll post it.

Have pics from a boat? Send em in!

Barge strikes Lesner Bridge

No kidding.

Apparently a barge moving into the inlet to do work at a private home hit a wooden fender of the Lesner Bridge.

Click below for a photo:
bargestrike-lesnerbridge-05-08.jpg
Obviously more photos and details to follow.

Check your reaction time to improve your driving

One those waste of time emails I received has something very good in it.

The automobile driving manual says the average driver’s reaction time is:  .75 seconds……. or 1 car length for every 10 mph…… Test your average reaction time.

Be very careful this can be addicting. Click on the link below and good luck.
Go to the test…

Pet peeve is no speeding on Shore Drive! Driving 54.8mph – the average, allows much less reaction time than driving 45.

Indigo Dunes DEQ Hearing guidelines

6:30pm Presentation from Regulator about application

7:30pm A member of the State Water Control Board opens hearing for comments

People who attend this Hearing may also attend State Water Control Board meeting, most likely in July, when the application will be decided upon.

More details:

As far as the hearing goes, the informal part starts at 6:30pm.  I’ll be
giving a presentation on the draft permit and our process.  The
applicant may also give a presentation on the project if they desire
(not sure yet).  Then, there will be an opportunity for some Q&A with
questions fielded by DEQ folks and/or the applicant.  At 7:30pm, the
formal hearing starts.  A member of the State Water control Board will
be moderating the hearing.  At that point, there is no more back and
forth discussion.  There will be a sign up sheet when you come in – you
can indicate on that sheet if you’d like to speak for the record.  The
Board member will call people up one by one to speak.  Depending on the
number of people who sign up to speak, he may place a time limit on how
long you can talk.  The Board member may also ask at the end if there is
anyone else who would like to speak.  Everything is recorded and all
comments will be compiled by me and addressed in a package that will go
before the full State Water Control Board (likely in July) for a
decision.  Citizens who attended the hearing are also welcome to attend
the Board meeting.

Previous post about DEQ Hearing including address.