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.

Deadline Friday. Great place to start.
More info in right column >

I must say I’m impressed with the current Lesner Bridge Replacement page at VBGov.com.

Be sure to scroll down on that page to check out the drawings & PDF files of the current plans.

Thank you David.

Thanks to all who helped out!!

From Stacey:

The blood drive was a huge success!  We had 358 donors with 291 usable pints of blood and about 200 Bone Marrow Screenings.

My church, Eastern Shore Chapel, is having their blood drive on 1/26 (Monday) and I am attaching the flyer.  This drive will be in honor of Angie (http://www.caringbridge.org/visit/angieg) and Alanton Elementary is doing a drive on February 18th with a Bone Marrow Screening.  Also, I am able to do the screenings at $52 per person to go into the National Registry, if you know of anyone interested. [Emphasis ours.]

The current deadline to submit comments to the Corp is this Friday.

As of today, a few days away from the deadline, we have not received guidance nor the FOIA material requested.

In case you’re keeping track, it seems the ACOE, according to their Regs, requires a Public Hearing.

Section 327.4 – General policies.
Page 2
a. A public hearing will be held in connection with the consideration of a DA permit
application or a Federal project whenever a public hearing is needed for making a
decision on such permit application or Federal project. In addition, a public
hearing may be held when it is proposed to modify or revoke a permit. (See 33
CFR 325.7).
b. Unless the public notice specifies that a public hearing will be held, any person
may request, in writing, within the comment period specified in the public notice
on a DA permit application or on a Federal project, that a public hearing be held
to consider the material matters at issue in the permit application or with respect
to Federal project. Upon receipt of any such request, stating with particularity the
reasons for holding a public hearing, the district engineer may expeditiously
attempt to resolve the issues informally. Otherwise, he shall promptly set a time
and place for the public hearing, and give due notice thereof, as prescribed in
Section 327.11 of this Part. Requests for a public hearing under this paragraph
shall be granted, unless the district engineer determines that the issues raised are
insubstantial or there is otherwise no valid interest to be served by a hearing. The
district engineer will make such a determination in writing, and communicate his
reasons therefor to all requesting parties. Comments received as form letters or
petitions may be acknowledged as a group to the person or organization
responsible for the form letter or petition.
c. In case of doubt, a public hearing shall be held. HQDA has the discretionary
power to require hearings in any case.
d. In fixing the time and place for a hearing, the convenience and necessity of the
interested public will be duly considered.

[Emphasis ours.]

Thanks to Liz for having us post this:

January 11, 2009

Dear Army Corps of Engineers:

I am writing to urge you to schedule a public hearing so that the general public can comment on the negative effects of Mr. Sandler’s proposed Indigo Dunes development in Virginia Beach, Virginia. There are many negative effects surrounding this project: Loss of existing infauna with no replacement for a period of time Loss of brackish areas, and the wide range in the diversity of plant and animal species. These many species depend on this habitat for their feeding, productivity and reproduction. Loss of nutrients which would affect the larger ecosystem of the Chesapeake Bay and beyond.

Loss of setback allowing imperviousness, damage to trees and the Existing natural habitat. The project would diminish the eco-tourism value of the property. There is a great need for Open Space in this part of Va. Beach. The traffic would increase dramatically. Think of the additional cost for roads, sewer, water and bridges. The applicant has also failed to comply with the White Housel Office on Environmental Policy, and with Executive Order # 11988, concerning Flood Management.

The City of Virginia Beach Wetlands Board has already denied building to the applicant due to the unnecessary impact on threatened wetlands. Finally, the applicant has failed to comply with 404(b) guidelines. The benefits are far outweighed by the negative impacts. This project is NOT in the public interest.

Again, I am requesting that you schedule a public hearing so all the critical issues involving the building of Mr. Sandler’s Indigo Dunes can be fully discussed by the general public.

Sincerely,

Elizabeth D.
Virginia Beach, Va

At WAVY.com:

Virginia Beach Police need help finding a missing 15-year-old boy. Patrick Schalow was last seen in his neighborhood off Echo Cove about 8pm Thursday. He is described as 5’8”, 135 lbs. with strawberry blond hair in a buzz cut, blue eyes and lots of freckles on his face.

More here.

Over the next several days we’ll be posting clear & logical reasons why the Army Corp of Engineers must deny even a provisional permit for Indigo Dunes.

According to ACOE regs:

33CFR Part 320(j) states: 

“Other Federal, state, or local requirements. (1) Processing of an application for a DA permit normally will proceed concurrently with the processing of other required Federal, state, and/or local authorizations or certifications. Final action on the DA permit will normally not be delayed pending action by another Federal, state or local agency (See 33 CFR 325.2 (d)(4)). However, where the required Federal, state and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Army permit application, the district engineer will, after considering the likelihood of subsequent approval of the other authorization and/or certification and the time and effort remaining to complete processing the Army permit application, either immediately deny the Army permit without prejudice or continue processing the application to a conclusion. If the district engineer continues processing the application, he will conclude by either denying the permit as contrary to the public interest, or denying it without prejudice indicating that except for the other Federal, state or local denial the Army permit could, under appropriate conditions, be issued.

Denial without prejudice means that there is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state and/or local agency on a previously denied authorization and/or certification. Even if official certification and/or authorization is not required by state or federal law, but a state, regional, or local agency having jurisdiction or interest over the particular activity comments on the application, due consideration shall be given to those official views as a reflection of local factors of the public interest.”

Because the permit was denied by the local Wetlands Board and CBLAD has indicated the project is inconsistent with State law, the Corps must conclude that the project is not in the public interest.

Scoop:

As a courtesy, I just wanted to let the SDCC know that the City is going to hold a Citizen Information Meeting (CIM) regarding the 30% design of the Lesner Bridge Replacement.  The meeting will be held on Wednesday, February 11 from 5-7pm at Cox High School.  A public notice should be in the Beacon this Sunday, as well as Feb 1.  The Bayfront Advisory Committee has been notified and has asked for a quick briefing about the CIM at their January 15 meeting.

The purpose of the Citizen Information Meeting is to review the 30% design features and receive feedback on the two alignment options.

Please feel free to notify your members as well as those in your community.

Thanks.

David S. Jarman, P.E.
Senior Project Manager
City of Virginia Beach
757-385-4144 direct
757-385-5668 fax

Visit Lynnhavenrivernow.org:
In the interest of the Lynnhaven River’s health, we endorse the City’s Outdoors Plan (2000 update) in its recommendation to preserve Pleasure House Pont as open space, on which the report places, “Top Priority”. Open space provides critical ecological benefits to the Lynnhaven River, such as water filtration, pollutant removal, water percolation and habitat provision. Open space would also provide valuable public access to the river, giving citizens of Virginia Beach the opportunity to appreciate the Lynnhaven River and feel invested in the river’s health and its future.

As stewards of the Lynnhaven River, we strongly support the existing wetland and Chesapeake Bay Preservation Area regulations that are in place to protect the health of the river. Therefore, we believe that any development that is proposed within the Lynnhaven River’s watershed, including the proposed Indigo Dunes project, must avoid impact to wetlands and to the existing buffer (100’ minimum) that falls within the Chesapeake Bay Preservation Area.
LRNow Comments. [2pg PDF]

Deadline for comments 4pm Friday, January 16th.

Kathryn Edgar is the point of contact for ACOE:

Kathryn.A.Edgar@usace.army.mil

District Commander Lynette R. Rhodes Chief, Southern Virginia Regulatory Section:
Lynette.R.Rhodes@usace.army.mil

Please include both in emails.

Subject Header for emails:
Indigo Dunes, CENAO-REG NAO-2006-8285 (VMRC 06-V2601)

US Mail address is:

US Army Corps of Engineers
803 Front Street
Norfolk, VA 23510
Attn: Kathryn Edgar