According to Lynnhaven River Now:

State Senate Oyster Bill

The full Senate rejected SJ 411 in a vote Tuesday evening!  Thank you for taking the time to contact your Senators about this important issue.  Senator Stolle voted against the resolution and Senator Wagner voted for it.  Here is the complete information on how all of our Senators voted:

SJ 411 Oysters; sterile non-native; U.S. Army Corps of Engineers to support responsible cultivation.

floor: 02/10/09 Senate: Rejected by Senate (16-Y 22-N)

YEAS—Blevins, Cuccinelli, Hurt, Martin, McDougle, Newman, Norment, Obenshain, Ruff, Saslaw, Smith, Stosch, Stuart, Wagner, Wampler, Watkins—16.

NAYS—Barker, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Puckett, Quayle, Reynolds, Stolle, Ticer, Vogel, Whipple—22.

NOT VOTING—Petersen, Puller—2.

Check out the new LRNow.org now.

Monday, February 23, 2009, 7:30 p.m.
Vice-Mayor Louis Jones and Councilman Jim Wood
Shore Drive Community Coalition
Ocean Park Volunteer Fire and Rescue Station

Our elected representatives have accepted our invitation to speak at the February meeting. We expect that they will have information to impart and that they will be able to answer questions we may have about issues of interest to residents along the Shore Drive corridor. In particular these issues include, but are not limited to, the Lesner Bridge replacement design. The City has graciously extended the comment period to accommodate our meeting. The comment period now closes February 25th.

Again, if you have a particular question or comment that you would like them to address, please email me at grace@sdcc.info. If we want to have the full benefit of Mr. Jones and Mr. Wood’s appearance, we need to give them the opportunity to gather the pertinent information before the meeting.

If you don’t agree with what’s going on in the City, you must come and make your opinion known. Otherwise, you have no one to blame but yourself. If you do like something the City is doing, you still must come, to make sure they keep on doing it!

Thanks for all you do to make the Bayfront the best place to live!

Sincerely,

Grace Moran
President, SDCC
757-318-9224

Great news! You’ll start getting telemarketing calls on your cell phone soon unless you register with the federal do not call list.
Official site.

The comment period was just pushed back to allow for your input. Mark your calendar, it is now close of business February 25th.
Thank you.
Be sure to attend the CIM on Feb 11th!

New federal government website, Recovery.gov.
MainStreet Infrastructure “Ready to Go” Economic Stimulus Projects at VBGov.com.

From Erik at First Landing State Park:

Please be aware that First Landing State Park will be burning a brush pile over the next two weeks.  In case anyone spots smoke coming from the park, it is most likely coming from a brush pile that we are intentionally burning.  We will be burning from January 27 – February 15 as weather conditions allow.  Virginia Beach dispatch is aware that we will be burning at the park. 

For additional information contact:

Erik Molleen  
District Resource Specialist
(757) 412-2311
erik.molleen@dcr.virginia.gov

Check new report, Bracing for Change at The Trust for Public Land.
By comparison, much more crowded New York City actually has more parkland than all five of the Hampton Roads cities combined. And even though the five Hampton [Roads] cities cover a much larger area than New York, Boston or the main cities of San Francisco Bay, the other three regions all have more parkland as a percentage of their cities’ land area than Hampton Roads.

What if you gave 5 hours to help your community?
Look for opportunities at Starbucks.com.

Find opportunities with SDCC. “If all of you reading this could offer just one hour per month, we could…”
Read our President’s letter.

From LRNow:

Do you have an interest in public policy that affects the environment in Virginia Beach and across the state of Virginia?  Governor Kaine has made this the year of the Environment and Green Jobs and there is much interest in tackling the challenges ahead of us.  The actions of our elected officials do affect what we are able to accomplish right here in our watershed.  Therefore, LRNow is forming a new Public Policy Committee to help all of our members stay on top of the issues and voice their opinions on important questions and decisions.  As many of you know through your own service on one of our committees, the LRNow committees are vital to the many programs that we offer each year.  We are very fortunate that Dr. Mary Picardi has agreed to chair this committee.  Please contact Karen Forget at kforget@lynnhaven2007.com or 757-962-5398 if you are interested in being a part of this exciting new group.  A kick-off meeting will be planned when we have identified interested participants.

Thank you for considering this new way of working for environmental sustainability in our watershed and across our state.

Many of you know I feel strongly about transparency in government.

Great news from the top:

THE WHITE HOUSE

    Office of the Press Secretary

For Immediate Release                   January 21, 2009

January 21, 2009

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT:          Freedom of Information Act

A democracy requires accountability, and accountability requires transparency.  As Justice Louis Brandeis wrote, “sunlight is said to be the best of disinfectants.”  In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government.  At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption:  In the face of doubt, openness prevails.  The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.  Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve.  In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government.  The presumption of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should take affirmative steps to make information public.  They should not wait for specific requests from the public.  All agencies should use modern technology to inform citizens about what is known and done by their Government.  Disclosure should be timely.

I direct the Attorney General to issue new guidelines governing the FOIA to the heads of executive departments and agencies, reaffirming the commitment to accountability and transparency, and to publish such guidelines in the Federal Register.  In doing so, the Attorney General should review FOIA reports produced by the agencies under Executive Order 13392 of December 14, 2005.  I also direct the Director of the Office of Management and Budget to update guidance to the agencies to increase and improve information dissemination to the public, including through the use of new technologies, and to publish such guidance in the Federal Register.

This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

                                # # #

Is it too late to say Happy New Year? Since we are still witnessing days of transition, I think not. Just as we look for new developments in our City and in the nation’s Capital, we can expect some changes along the Shore Drive Corridor.

Fortunately, much of the good will remain. Todd Solomon stays on as our fearless leader in the quest to protect Pleasure House Point, as well as the media spokesperson for SDCC. He will continue to be ably assisted by Tim Solanic, who also works tirelessly as our Information Officer. Leslie Cornwell has agreed to serve once more as Treasurer. I certainly do not possess the skills and abilities that they embody.

I hope that I will be able to offer a bit of improvement in the area of communication between ourselves, the residents of the Shore Drive neighborhoods, and City leaders and City Staff. I will be supported by and will support the Bayfront Advisory Committee in achieving this goal. Each party to this process of information-sharing has a unique and necessary function.

Kal Kassir, Chairman of the Bayfront Advisory Committee, and I have had preliminary conversations regarding how best to go about this. Fellow Officers of SDCC have provided me with invaluable guidance, since they know the context and contacts to be addressed. We have a wonderful opportunity, in the midst of these trying economic times, to explore new opportunities. Your ideas are solicited and welcomed as we go forward.

We are presently galvanized by the renewed focus on Pleasure House Point. Many of you are passionate about this issue. Like Americans across the country, you are now called to offer your service in this matter, and also other matters, great and small, which affect our daily lives here in our little stretch of Virginia Beach.

Join an SDCC committee:
  * Events (Town Hall, Oyster Roast)
  * Membership/Ambassador
  * Shore Drive Safety and Improvement Projects
  * Planning and Development Issue
  * Pleasure House Point (Indigo Dunes)
  * Communications

Join the SDCC contact list:

Provide us your name, email and phone number for our contact list. Contact list members will be asked to attend hearings or send emails in support or opposition to Shore Drive issues (Planning Commission, Wetlands, Zoning, City Council). Speaking at hearings is not required, willing bodies are needed as a display of force.

If all of you reading this could offer just one hour per month, we could raise an army!

Won’t you please sign up at: http://www.sdcc.info/ee/index.php/site/contact/ or email me at grace@sdcc.info [Editor:email address fixed!] to let us know which of your talents you are willing to share?

Thanks for being a part of this wonderful, vital community.

Sincerely,
Grace Moran

President, Shore Drive Community Coalition

After another study, oyster harvesting was revived in Lynnhaven Bay in Virginia after bacteria pollution caused by boaters, sewer systems, farms and pet waste was reduced.
States Join E.P.A. Study of Pathogens in Ohio River
You may have to subscribe to read entire article. I’ve been a subscriber and never receive spam from them.

SDCC General Meeting Agenda January 2009 [2pg PDF]

SDCC General Meeting – Monday January 26th, 7:30pm to 9:00pm
Ocean Park Volunteer Rescue Squad Hall (parking in back, on side streets and across Shore Drive)

Program/Presentation – Mark Feltner (Virginia Coastal Access Now (VCAN)

VCAN is a non-profit organization working to maintain and enhance the public’s access to Virginia’s beaches and waterways. He will be speaking to issues of concern to Shore Drive Corridor residents.

The general agenda for the evening will be:
Officer’s Reports – Brief Reports
Secretary – Todd
Treasurer’s Report – Leslie
Vice President & President –Introductory Remarks

Old Business-
Indigo Dunes Project – Update to the status of the USACE review of the application for renewal of the existing, but soon to expire JPA. Also, there has been no date set for the State Water Control Board hearing or the circuit court appeal by the City of Virginia Beach.

Update on Lesner Bridge Replacement – City Project Manager David Jarman spoke to the Bayfront Advisory Committee (BAC) and told them about the planned Community Information Meeting (CIM) that will be held on Feb 11th at Cox High School from 5pm to 7pm. The main focus of this meeting will be to present the 30% design and to have the residents comment of the north or south alignment proposals. The public comment period after the CIM has been extended from 10 days to 30 days. So please attend and come to the Feb SDCC meeting to discuss your opinions. SDCC will be formulating a response at our Feb meeting.

Pound Pole Fishing Nets – The Virginia Marine Resource Commission (VMRC) denied the first two applications at their Nov. meeting. The 3rd application has been withdrawn, but the 4th application still remains. If the remaining application is publically posted, the VMRC will hear this application within 30 days of the public notification. VMRC denied the applications by a vote of 9-0 based mainly on the documented deaths of about 4 dolphins per year from these types of nets.

Oyster Restoration Project – SDCC sent a letter to the USACE supporting the LRNOW position of native oysters only. Update to be presented, if available.

Beach Replenishment – Status of city negotiation with property owners along the affected beaches, if available.

2009 SDCC Officers – The following members were elected as 2009 SDCC Officers. President – Grace Moran; Vice President – Steve Kohler; Treasurer – Leslie Cornwell; Secretary – Todd Solomon; Information Officer – Tim Solanic (Honorary Officer)

New Business –

Bayfront Advisory Committee (BAC) Update – SDCC and the Bayfront Advisory Committee have made a commitment to improve the way in which information and comments flow between City Council and Staff and the residents of the Shore Drive Corridor. Suggestions from SDCC members will be solicited.

Review and comment of City’s website regarding Shore Drive issues – The BAC and City staff would like the resident of Shore Drive to review and provide feedback on the City’s website regarding Shore Drive related items. How easy are the sites to use, What is missing? What works and what doesn’t work? The SDCC will be sending an email out with more specifics asking for your input, so stay tuned.

City and BAC Tree Planting Project – City Staff is putting together a map showing City owned property that can be used for landscaping improvements. SDCC members will be asked to review this map and help identify areas they would like improved with tree, bush and flower plantings.

Relocation of Chick’s Beach Fire Station – The City has recently purchased the old Texaco gas station at the corner of Shore Drive and Northampton Blvd. The Fire Dept is working on preliminary designs for the new station, but lacks funding for actual construction. BAC is worried about the size and access of the lot to support a fire station. Two other sites were looked at, North Oliver and just west of the Walgreen’s on Pleasure House Rd., but did not have willing sellers

Possible changes to the bike path intersections in Cape Story – City Councilman Wood and City Staff met with Cape Story and Cape Henry Civic Groups to discuss safety improvements to the bike path intersections in their neighborhoods. Some of the improvements being discussed are adding stop signs on the road ways, adding a traffic circle at all intersections to make cars and bikes slow down, adding a yield sign to the roadways, adding serpentine fencing on the bike path to make pedestrian slow down before crossing the roads.

Next Meeting: February 23: City Council representatives Louis Jones and Jim Wood

View our Bylaws. [5 pg PDF]
Amended November 24, 2003.

Comment period for the ACOE to accept the public’s input ended today at 4:00pm.

No word on our pending FOIA. No word on a scheduled public hearing.

From Wetlands Watch:

We believe that this proposed project will result in irreversible adverse effects constituting a significant adverse impact to the Lynnhaven River watershed, as well as the Chesapeake Bay, when viewed against past impacts and those anticipated in the reasonably foreseeable future.

The applicant proposes to permanently impact 1.37 acres of tidal vegetated wetlands, 1.21 acres of nontidal vegetated wetlands, 2.44 acres of waters of the United States, and 0.77 acres of tidal non-vegetated 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 avoidance of these impacts is to be considered prior to and independently of any proposed mitigation measures.

Wetlands Watch Comments. [4pg PDF]

Thanks to the Chesapeake Bay Foundation for submitting comments:

CBF opposes the issuance of this permit for the reasons detailed below, including its failure to comply with the Clean Water Act, 33 U.S.C. §1251 et seq., and urges the Corps of Engineers (“Corps”) to deny the application.  However, should the Corps not deny the permit at this time, CBF submits that the Corps must, at a minimum, hold a public hearing on the proposed project. 

The Project Fails to Avoid and Minimize Wetland Impacts

CBF Comments. [3pg PDF]

More at Pilotonline.com including a lot of comments.

More at WTKR.com.
More at Pilotonline.com.

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.