TOWN OF CAPE CHARLES, VA

Chairman Tic Heath called to order the meeting of the Cape Charles Wetlands/Coastal Dune Board at 10:00 a.m. on May 3, 2004 in Council Chambers. In additional to Mr. Heath, members Russ Dunton, and Greg Lohse were present. Ned Brinkley and Ann H. Walker were absent. Also in attendance were Town Manager Cela Burge, Hank Badger of the Virginia Marine Resources Commission, Tom Langley of Langley & McDonald, Joe Habel of Marina Villages, Town Planner Laura Atwood, and Town Clerk Jennie Moore.

Chairman Tic Heath noted this application is from Paul Galloway of Baycreek Marina & Resort, LLC for a permit for riprap revetment along Sunset Boulevard.

Town Manager Burge presented application JPA #03-2501 and updated the Board on review and monitoring of the north tract since late 2001. The north tract development has been subject to wetlands board review and monitoring since late 2001 because of the restoration project which was required there. The wetlands board had required monitoring reports and documentation of maintenance of the stored areas for a five-year period beginning upon completion of the restoration plan. This would include spring and fall reporting along with an update after each phase, which was required by the wetlands board at the April 5, 2000 meeting. Joe Habel confirmed to the Town Manager that the restoration project was completed on January 2, 2003.

It was noted by member Russ Dunton that photos were received in 2002 and it was brought up at the last meeting that the wetlands board would not accept any more photos and that onsite visits were required.

The required reporting and documentation has yet to be received since the original restoration was finished. This is important information the wetlands boards needs in order to fully consider the pending application.

Upon receiving the application, Town Manager Burge sent a letter to Paul Galloway by way of Tom Langley to inform of the monitoring requirements by the wetlands board. There had also been a lag between their technical staff as to who worked on what and this is another reason that everyone needed to be on the same page.

Mr. Langley provided the Town Manager letters from DEQ and VMRC indicating that the revetment project that they are proposing is not within the jurisdiction of these two entities. In the wetlands board handbook there is a diagram that helps everyone understand whose jurisdiction this is. The Town Manager’s concern was that when a site visit is done, the board would see that the Town’s mapping does not accurately indicate the physical conditions there. The mapping is dated 1990 and a lot has changed.

Between the permit application and the file documents, the applicant is looking at the same lines. While the proposed project does not extend channelward of the mean low water mark or landward to the high water mark, it does fall within the jurisdiction of the Town’s coastal dune ordinance and the Chesapeake Bay Overlay District.

During this discussion mapping was reviewed. The Town required every lot be made a conforming lot without using any CBPA issues and the line is currently marked with fencing. The fencing was there so that property owners would not go past that line. This takes the Town out of the CBPA and puts the Town in the coastal dune. From the applicants’ point of view, they are very concerned about erosion. Town Manager Burge reiterated that the board did indicate that an onsite visit was necessary prior to doing anything else.

It was noted that this application was not for all the residents along Sunset Boulevard. However, recently several residents have expressed their concern and want to protect their lots on an individual basis. This permit is for the lots that the developer still owns. There is a concern is somewhere in the middle isn’t done. The developer owns the beach and beach nourishment would be taken into consideration. Each property has to be addressed individually, but it would be nice to do them all at the same time.

Town Manager Burge noted that all of the above factor together and commented this is the reason to visit onsite to make a determination on what the next step would be in responding to requests.

Member Russ Dunton noted that all the property owners need to be informed where only a coastal dune ordinance has to be dealt with at the moment, however, if erosion proceeds further, then this would be a primary concern for several organization who would then be involved.

Hank Badger of VMRC noted that the hearing could be continued and VIMS has to be notified, however, if they don’t respond, the board can continue. Town Manager Burge comments that this application is a coastal sand dune issue not a wetland’s issue. However, an onsite visit may bring in responsibly some wetland’s issues.

At this time, Board members, Town Manager Burge, Tom Langley, Joe Habel of Marina Villages, and Hank Badger of VMRC did a site visit to the projected site. Joe Habel took digital photos and documentation will be taken for the board.

Re advertising is not necessary for a public hearing; however, Tom Bernard of VIMS will be contacted and notified of the public hearing. A public hearing for this application has been set for June 2nd at 2:00 p.m.

Motion was made by Russ Dunton, seconded by Greg Lohse, and unanimously approved to recess the meeting until June 2, 2004 at 2 pm.

Tic Heath___________
Chairman

J.R. Moore__________
Town Clerk