Wetlands Watch opposes ACOE permit app for Indigo Dunes

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]

CBF opposes Indigo Dunes application to ACOE

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]

Ask the ACOE to either Deny Indigo Dunes’ request or have a Public Hearing

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.

Lesner Bridge Replacement page at VBGov.com

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.

Blood drive for Angie huge success!

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.]

No FOIA material yet & 33 CFR Part 327.4 re:Indigo Dunes

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.]

Another example email to the ACOE opposing Indigo Dunes

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

Police need help finding missing teen

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.

First in a series of reasons the ACOE must deny even a provisional permit for Indigo Dunes

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.

New Lesner Bridge Info Meeting Feb 11th at Cox High School

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

LRNow comments on ACOE consideration of Indigo Dunes

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]

ACOE Regulator’s Contact Info re: Indigo Dunes Jan ‘09 comments

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

Town Hall & Legislative Send-Off for Delegate Bouchard

Check our Calendar for the coming events this weekend.
View flyers:
HK On the Bay Invite.pdf
Press Release January 09 Town Hall.pdf
Note: we migrated their Word Docs into PDF files.

, Legislative Assistant to Delegate Joe Bouchard.

Update on Blood Drive at Resort Conference Center

Fantastic turn out on day one according to Stacey:

Hello again!

Here is an update after yesterday’s awesome turnout!  We still have a couple of appointments available through http://www.givelife.org reference VBResort and we were able to take all walk-ins yesterday.  Shari with the National Marrow Donor Program will be here today from 2-8pm.  The Bone Marrow Screening is simple and painless.  If anyone would like to make a monetary donation, information is below and checks can be sent to me at the hotel or dropped off today or tomorrow at the drives.  Thank you so much for all of your support and getting the word out!  This is such an important cause!!!

~Stacey

The Virginia Beach Resort Hotel & Conference Center will be hosting a blood drive with the American Red Cross.  This blood drive is being held in honor of Angie Giuffre.
Angie, an Alanton Elementary 8 year old 3rd Grader, has been diagnosed with a rare disease, Severe Aplastic Anemia.  For more information on Angie please visit http://www.caringbridge.org/visit/angieg

I am hoping to have many donors come in to donate blood for record breaking numbers, and to also be tested to see if they are a match for a bone marrow transplant which Angie may be in need of in the not so distant future.  Our goal for the 3 day drive is 200 pints of blood and at least 100 Bone Marrow Screenings.  We collected 91 usable pints on the 1st day of the drive (Monday, January 5, 2009).  If donating will not work for you donations can be made to help offset the costs of the screenings or you can volunteer to help with the drive. Checks can be made out to the National Bone Marrow Donor Program or the American Red Cross.  There are many ways to help out!

Our Blood Drive will take place on the following dates/times:

TUE   01/06/09   2:00PM – 8:00PM *Bone Marrow Screening Available

WED 01/07/09   2:00PM – 8:00PM

I have attached a copy of the flyer that we are distributing for the drive.  Please post at your business and share with friends, family and co-workers!

If you, or any of your friends, family, etc. would like to donate and/or be tested for the bone marrow match, please contact Courtney Jarrett at (757) 481-9000 x 2033 or schedule online at http://www.givelife.org using the code VBResort to set up a time convenient for your busy schedule.  Walk ins will be worked into the schedule!

Please contact me with any questions and thank you for your support!  PLEASE SHARE WITH ALL OF YOUR EMAIL LISTS!

Sincerely,
Stacey S. Patrick, Alanton Kindergarten Mom
General Manager
Virginia Beach Resort Hotel and Conference Center
2800 Shore Drive
Virginia Beach, VA 23451
757-481-9000 ext. 2001
http://www.virginiabeachresort.com

An excellent example letter to ACOE re: Indigo Dunes

Thanks to Nicole L. for allowing us to post her letter:

Nicole L.
Virginia Beach, VA

Thank you very much for the opportunity to voice my opposition to project at Pleasure House Creek submitted by Tate Terrace Realty Investors, Inc.  Specifically, I have grave concerns about the potential wildlife impacts as a result of this development and ask that the Army Corps of Engineers consider the implications to wildlife in the area when considering this project.

Mr. Sandler and his team have stated that “the non-tidal wetlands at Indigo Dunes have low value as wildlife habitat” and his team also stated in their 5 April 2007 response to Virginia Institute of Marine Science questions that “no information on avian habitats has surfaced.” These statements are inaccurate and horribly misleading.  The multitude
of species that depend upon Pleasure House Point and the surrounding ecosystems will be greatly impacted by this proposed development.

In a 27 Oct 1998 site impact assessment, Walter Priest of the Virginia Institute of Marine Science found that the interior tidal wetlands were “integrally
linked to the Pleasure House Creek system” and that “these wetlands and open water areas provide important fish and wildlife habitat that contributes to the high quality habitat found in Pleasure House Creek…”  He further stated that “From the viewpoint of the marine environment, every effort should be made to minimize the filling of these wetlands and open water areas because of their value to the Pleasure House Creek System.”

The site in question is one of the last remaining undeveloped stretches of shoreline in the area.  Dr. Maynard Schaus from the Virginia Wesleyan College Department of Biology frequently visited the area for marine biology and ecology field trips.  He noted that numerous wildlife species use the area as habitat.  He also noted that the loss of these wetlands would harm native wildlife.  These wetlands represent an essential element of the local ecosystem.

During a 1994 review of the western portion of the subject site for a public boat ramp, the National Marine Fisheries Service reported that Pleasure House Creek and surrounding areas are particularly important to the juvenile blue crab (Callinectes sapidus).  The shallow nearshore areas of Pleasure House Creek and submerged aquatic vegetation found in the lower Chesapeake Bay serve as a nursery habitat for the newly settled larvae.  The larvae metamorphose into juvenile blue crabs and spread in to the Bay during Fall and Spring.

Numerous fish species are known to occur in Pleasure House Creek to include the anchovy (Anchoa mitchilli), Atlantic croaker (Micropogon undulates), spotted trout (Cnoscion neblulosus) and striped mullet (Mugil Cephalus).  The 1994 study by the National Marine and Fisheries Service also documented two marine mammals as visitors to Pleasure House Creek: the harbor seal (Phoca
vitulina) and the Atlantic bottlenose dolphin (Tursiops truncates).  The seals may inhabit the area from December through March and the dolphins are
seen in the summer months.

According to the 1994 National Marine Fisheries Service report, two species of turtle are also known to occur within the project area (specifically, the western portion of the subject site). The loggerhead sea turtle (Caretta caretta) and the world’s most endangered sea turtle, the Kemp’s Ridley sea turtle (lepidochelys kempii).  Both species are federally
listed as endangered.  These two species
are seasonal visitors to the shallow water habitat within Pleasure House Creek.  Dr. Schaus has also observed the Diamondback Terrapin (Malaclemys terrapin terrapin) in the area.  This turtle
is listed by the VA Department of Game and Inland Fisheries as a State species of concern and is also a Federal species of concern.

The Lynnhaven estuary is located within the Atlantic flyway, a migratory route utilized by many bird species.  The 1998 site impact assessment by the Virginia Institute of Marine Science noted “Bird
diversity was very high during the spring site visits indicating that these areas are important wintering habitat and migratory corridors for waterfowl and
wading birds.” Among the birds that are known to occur in Pleasure House Creek are the least tern (Sterna antillarum), brown pelican (Pelecanus occidentalis), the great and common egrets (heodias
egretta and Casmerodius albus), the great blue heron (Ardea Herodias), and the boat tailed grackle (Quiscalus major).  There have also been reports of Bald Eagles (Haliaeetus eucocephalus) in the local area.  The Department of Conservation and Recreation recently noted the potential for Pleasure
House Point to support yellow crowned night herons (Nycticorax Violaceus).  According to the Virginia Department of Game and Inland Fisheries and the Virginia Department of Conservation and Recreation, the least tern, yellow crowned night heron and the brown pelican are listed as State species of concern.

Dr. Schaus conducted a detailed census of the bird community composition through the Lynnhaven River, including two sites on the property of interest and three sites adjacent to it.  During his surveys he noted 27 bird species that use the marshes and adjacent waters on site.  The Virginia Institute of Marine Science review of this project noted that if permitted, construction activities will occur over many months to years as the project development occurs in phases,resulting in the disturbance of wading birds and shorebirds currently utilizing
the project area as foraging, breeding, and nesting habitat.  The driving of piles associated with the
construction of the two 11 story towers will likely displace the local population of water birds from the vicinity of the project site for an undetermined period of time.

In a letter from the US Department of the Interior (DOI) dated 29 Nov 1972, the DOI states that the 25 to 30 acres of wetland fill appeared to be a violation
of the Rivers and Harbors Act.  It also referred to these wetlands as a unique and indispensable part of the biotic community by providing food, shelter, and nursery areas for many animals which inhabit the estuarine ecosystem.  The DOI referred to the filling of wetlands as the riparian owner obtaining upland real
estate at the expense of public resources.  DOI’s bureau of Sport Fisheries and Wildlife objected to the filling of wetlands and their significant adverse effects on public fish and wildlife resources, especially where there is no demonstrated public need.

I ask the Army Corps of Engineers to please consider the potential implications to wildlife in the area.  If this project is approved, wetlands of primary ecological significance will be altered and the ecological systems in those wetlands will be unreasonably disturbed.  This project will directly impact a multitude of species that depend
upon Pleasure House Point.  Several of these species are federally designated as endangered, threatened or as species of concern and they deserve our protection.

Thank you,
Nicole L.

Sources
1994 NMFS Pleasure House Creek Boat Ramp Study Draft Environmental Assessment
Dr. Maynard Schaus, Virginia Wesleyan College Letter.
US Department of the Interior letter dated 11-29-1972
Virginia Institute of Marine Science Site Impact Assessment dated 10-27-1998 (Walter Priest)
Terwilliger, Karen. Virginia’s Endangered Species. Blacksburg, VA: The McDonald and Woodward Publishing Company. 1991
Terwilliger, Karen. A Guide to Endangered and Threatened Species in Virginia. Blacksburg, VA:
The McDonald and Woodward Publishing Company.1995
The Virginia Fish and Wildlife Information Service of the Virginia Department of Game and Inland Fisheries
The Virginia Department of Conservation and Recreation, Natural Heritage Program
U.S.Fish and Wildlife Services Endangered Species Program
Barrow, Mary Reid. “A Fair Way to Blend Golf and Nature.”  Virginia Pilot. 11 Nov 1996.
“Symbolic Victory.” HamptonRoads Magazine. March 2004.
Virginia Institute of Marine Science (VIMS) review of Indigo Dunes (Project 06-2601)

Blood Drive at Resort Conference Center Mon, Tues & Weds

Happy New Year!

This week, the Virginia Beach Resort Hotel & Conference Center will be hosting a blood drive with the American Red Cross.  This blood drive is being held in honor of Angie Giuffre.

Check out the Flyer. [1pg PDF]

Angie, a local 8 year old girl, has been diagnosed with a rare disease, Severe Alplastic Anemia.  For more information on Angie please visit http://www.caringbridge.org/visit/angieg

I am hoping to have many donors come in to donate blood for record breaking numbers, and to also be tested to see if they are a match for a bone marrow transplant.  Our goal for the 3 day drive is 200 pints of blood and at least 100 Bone Marrow Screenings.  We have 60 confirmed appointments at this time with many replying from our Facebook Event Page, but haven’t made an appointment (that will make another 30).  If donating will not work for you donations can be made to help offset the costs of the screenings or you can volunteer to help with the drive.  There are many ways to help out!

Our Blood Drive will take place on the following dates/times:

MON 01/05/09   2:00PM – 8:00PM

TUE   01/06/09   2:00PM – 8:00PM

WED 01/07/09   2:00PM – 8:00PM

I have attached a copy of the flyer that we are distributing for the drive.  Please post at your business and share with friends, family and co-workers!

If you, or any of your friends, family, etc. would like to donate and/or be tested for the bone marrow match, please contact Courtney Jarrett at (757) 481-9000 x 2033 or schedule online at http://www.givelife.org using the code VBResort to set up a time convenient for your busy schedule.

Please contact me with any questions and thank you for your support!  PLEASE SHARE WITH ALL OF YOUR EMAIL LISTS!
Sincerely,
Stacey

ACOE comment period for Indigo Dunes extended

Thanks to Ms. Kathryn Edgar, regulator with Army Corp of Engineers, for letting us know the public comment period for Indigo Dunes has been extended until end of business January 16th.
More to follow.