Update on the proposed Indigo Dunes June 2008
A lot has happened since Indigo Dunes was initially presented in May 06.
Short Version
Permits Currently Approved:Army Corp of Engineers - A conditional permit. We believe conditions cannot be met.
Permits Still Needed for either JPA#1 or JPA#2:
Wetlands Board Approval
Virginia Marine Resource Commission[VMRC] certification based on Wetlands Board Hearing
[Note: JPA#1 in litigation. JPA#2 has not been heard.]
Chesapeake Bay Area Preservation Board Approval
Department of Environmental Quality[DEQ]
[Note: Public Hearing in July about a possible Conditional or Draft Permit being issued for JPA#2]
Thanks to everyone who submitted comments by June 24th!
Conditional Use Permit issued from Va Bch City Council
Zoning Approval from Va Bch City Council
For more info follow this link.
If you’re reading this, you undoubtedly know of the enormous opposition that has been growing since those early presentations.
Longer version of where we are:
As you might know, L.M. Sandler & Sons has closed on Pleasure House Point as the new owners.
Indigo Dunes’ application JPA#2 to date:
DEQ will issue a Draft Permit for JPA#2 submitted in November ‘07. [Note: This JPA#2 will also have to go thru various permitting processes.] The procedure is basically a Draft Permit will be written sometime in May 08 Indigo Dunes’ DEQ Hearing set for June 9th, Monday, at 7:30pm, then the applicant has an opportunity to agree/disagree with various points of the Draft. Then, when that process is complete in a matter of weeks or months, DEQ will issue a Permit that will include a number of conditions.
DEQ had a Hearing June 9th 2008 to determine if & when they might issue a Conditional or Draft Permit.
Next Hearing is the State Water Control Board in Richmond July 28th & possibly the 29th.
Indigo Dunes’ application JPA#1 to date:
Joint Permit Application submitted to the VB Wetlands Board denied.
Indigo Dunes appealed Wetlands Board denial to VMRC.
VMRC overturned the VB Wetlands Board decision and approved the project without any protective conditions.
City of Virginia Beach is appealing VMRC’s decision in Circuit Court over their handling of the appeal.
Some results from Appeal include overturning VMRC’s overturning of Wetlands Board decision, upholding VMRC’s decision, etc.
Date has not been set yet for Appeal as there are now 2 pending JPAs. Court date might be as early as Summer ‘08.
Depending on what results from City of Virginia Beach vs. Virginia Marine Resource Commission, this could be the process:
JPA#1, the JPA in litigation, could be withdrawn, move thru the regulatory process, be altered, etc.
JPA#2 could be submitted to be heard by VB Wetlands Board, & Chesapeake Bay Area Preservation Board, etc.
Filing of a Water Quality Impact Assessment for either or both JPAs.
[Their original WQIA, submitted in mid-2006, was recently withdrawn.]
Follow Chesapeake Bay Area Preservation[CBPA] Board Laws & Regulations. The VB CBPA staff’s interpretation of the CBPA regulations will be reviewed by the State’s Chesapeake Bay Local Assistance[CBLA].
Win approval from CBAP Board.
Obtain a formal, federal Army Corps of Engineers Permit. [Currently they have what’s called a provisional permit that requires more information.]
Gain approval from Virgina’s Department of Environmental Quality. [The proposed project has still not supplied all the necessary docs including financial justification for destroying wetlands & RPA.] JPA#1 has not received a permit. JPA#2 is receiving a Draft Permit.
Receive a favorable recommendation from City of VB’s Planning Commissioners.
Obtain a Conditional Use Permit from City of VB.
Win approval from City of VB Council.
Note: There are any number of points at which litigation in Court could take place.
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