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[Wetlands Board on August 27, 2026.]
THE MEETING TO ORDER.WELCOME TO THE AUGUST, 2026, UH, MEETING OF THE AKIMA COUNTY WETLANDS BOARD.
WHILE GOING THROUGH OPENING REMARKS, PLEASE TAKE TIME TO SILENCE.
THE WETLANDS BOARD CONSISTS OF FIVE MEMBERS.
APPROVAL OF PERMITS REQUIRES A MAJORITY VOTE OF THE BOARD, WHICH IS THREE EA VOTES.
TODAY WE HAVE ALL FIVE MEMBERS PRESENT.
MR. GICK VICE CHAIR, MR. WARD.
MR. TAYLOR, MR. BADGER, I'M LEE BIRD.
I MAY LIKE TO INTRODUCE OUR STAFF AND OFFICIAL PRESENT.
MS. GINGER HARMON IS THE, UH, ADMINISTRATIVE ASSISTANT MR. PAUL WATSON, DEPUTY DIRECTOR OF CODE ADMINISTRATION DIVISION.
UH, MR. PBIT IS, UH, DEPUTY COUNTY ADMINISTRATOR AND MS. CLAIRE GORMAN IS VIRGINIA MARINE RESOURCES COMMISSION EMRC.
THANK YOU MA'AM FOR MAKING THE TRIP.
THE BOARD IS AWARE OF AND COMPLY AS CLOSELY AS POSSIBLE TO THE OBJECTIVES OF THE VIRGINIA MARINE RESOURCES COMMISSION WETLANDS POLICY OF NO NET LOSS.
ALL PERMITS ARE GRANTED FOR A TWO YEAR PERIOD UNLESS SPECIFIED OTHERWISE THEY'RE GOOD.
FROM THE DATE OF THIS HEARING, ALL PERSONS BEFORE THE BOARD WILL BE SWORN IN.
ALRIGHT, IF WE MAY, PLEASE, UH, MR. WATSON, WOULD YOU ALLOW ME TO SWEAR YOU IN AND GOING WITH THIS? DO YOU FIRMLY SWEAR YOU TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH BEFORE ALL MATTERS BEFORE THIS BOARD? I DO.
UH, FIRST OF ALL, WE'RE GOING TO LOOK AT THE, UH, AGENDA.
HAS EVERYBODY HAD TIME TO LOOK OVER THE AGENDA TODAY? I BELIEVE YOU'LL FIND THAT THE ONE THAT SHE JUST GAVE US IS EXACTLY THE SAME, BUT EITHER WAY, AS EVERYBODY LOOKED IT OVER, UH, AS FOR A MOTION TO ACCEPT THE AGENDA.
SECONDLY, MR. CHAIRMAN, THANKS A SECOND.
I'LL SECOND VOTE A ACCEPT THE AGENDA.
UH, LET'S NOW LOOK AT THE MINUTES.
WE'RE GOING ALL THE WAY BACK TO APRIL.
HOW ABOUT THAT? UH, EVERYONE SHOULD HAVE HAD THIS PACKAGE.
UM, IF YOU DIDN'T, THEN YOU HAD IT IN YOUR NEW PACKET.
I THINK WE'RE ALL ON THE SAME PAGE.
ANYONE HAVE ANY QUESTIONS, COMMENTS? AS FOR A MOTION TO ACCEPT IT, MR. CHAIR, I MAKE A MOTION TO ACCEPT THE MINUTES FROM APRIL.
ALRIGHT, SIR, WE MIGHT MOVE ON, UM, TO OLD BUSINESS CAPTAIN COVES CLUB, UH, SECTION FOUR, 4.01.
MR. WATSON, WOULD YOU BRING THIS UP TO DATE ON THE POLICE? SURE.
UH, PAUL WATSON, UH, DEPUTY DIRECTOR CODE ADMINISTRATION.
UH, SO THIS IS THE AREA OF CAPTAIN'S CODE ON NAUTILUS COURT WHERE CONCRETE WAS DUMPED FROM THE POOL RESTORATION PROJECT OF THE POOL DECK, REST POOL DECK RESTORATION PROJECT.
IT WAS ON PARCELS, UH, 6 81, 6 82 AND THEN E, WHICH IS THE ROAD, UH, WHICH DOES, UH, EXTEND OUT OVER THE WATER THERE.
AND THIS HAPPENED LAST NOVEMBER.
AND HERE IS, UH, THE GOOGLE MAPS, UH, CAPTURE OF THE AREA.
AND, UH, SO IT, THE DUMPING WAS RIGHT IN THIS AREA, WHICH IS APPROXIMATELY, IT'S APPROXIMATELY ABOUT 80 FEET, UH, RIGHT THROUGH HERE.
AND THESE TWO PICTURES, WELL THIS IS FROM 2025.
THIS IS FROM ABOUT THE SAME TIMEFRAME.
JUST TO GIVE THE BOARD AN IDEA OF WHAT THE AREA LOOKED LIKE BEFORE THE DUMPING.
I'VE GOT A COUPLE PICTURES LATER THAT ALSO SHOW THAT, UM, BECAUSE THE ISSUE IS THE CONCRETE HAS BEEN REMOVED, THE ISSUE IS, HAS THE SITE BEEN RESTORED? AND ONE THING TO KEEP IN MIND IS THERE'S A VERY SMALL TIDAL RANGE IN THIS AREA.
UM, ON, I SHOW MAYBE AN EIGHT INCH TIDAL RANGE.
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I'D SAY SIX TO EIGHT INCH TIDAL RANGE.SO IT'S A RELATIVELY SMALL PORTION OF THE SHORELINE THAT'S WITHIN THE WETLANDS BOARD JURISDICTION.
SO HERE IS ANOTHER BEFORE DUMPING PICTURE.
UM, THAT WAS, UH, ACTUALLY MR. YIG SENT ME YESTERDAY.
AND THAT'S OB OBVIOUSLY A HIGH TIDE.
UM, THERE I THINK HAS BEEN SOME EROSION THERE SINCE THIS PICTURE WAS TAKEN.
AND HERE'S ANOTHER PICTURE OF MAYBE 2025 OF OBVIOUSLY THE SITE BEFORE THE DUMPING.
AND HERE IS OBVIOUSLY THE CONCRETE THAT HAD BEEN PLACED IN THE WETLANDS AND OBVIOUSLY ABOVE THE WETLANDS TOO.
OBVIOUSLY YOU CAN SEE GREENBACK HILL IN THE DISTANCE THERE.
AND THIS IS OBVIOUSLY TURNED AROUND LOOKING TO THE SOUTH.
I GUESS THAT'S CHIN TEAGUE IN THE MIDDLE LEFT OF THE SCREEN THERE.
AND MORE RECENTLY, UH, THESE ARE PICTURES AFTER THE CONCRETE WAS REMOVED, I DID SEE, I MEAN, OBVIOUSLY THERE'S SOME ADDITIONAL CONCRETE ABOVE WETLANDS BOARD JURISDICTION, BUT EVERYTHING WITHIN THE BOARD'S JURISDICTION OR THE PRO THE LAND WITHIN THE BOARD'S JURISDICTION, UM, DID, UM, THERE, THERE WAS NO CONCRETE IT HAD BEEN REMOVED.
UM, HERE'S THE SAME DAY, A PICTURE.
AGAIN, THIS IS LOOKING NORTH, OBVIOUSLY, AND THIS IS LOOKING SOUTH.
AND, UH, SO THOSE ARE PRETTY MUCH ENCOMPASSES WHAT THE SITE LOOKED BEFOREHAND, LOOKED RIGHT AFTER THE DUMPING AND THEN AFTER THE REMOVAL, I'M SORRY, IF YOU REPEAT IT.
UM, IT APPEARED TO ME THERE WAS VERY, VERY LITTLE IN OUR JURISDICTION.
WHAT DID YOU JUST SAY? AS FAR AS DISTANCE WITHIN? UM, IT'S ABOUT A, IT'S I WOULD SAY AT MOST AN EIGHT INCH TIDAL RANGE.
FROM LOW WATER TO FROM MEAN LOW TO MEAN HIGH.
UM, DEPENDING ON THE PHASE OF THE MOON AND SUCH, IT'S, BUT THE TIDE CLOCK OR, OR THE TIDE CHART DEFINITELY SHOWS, UM, ABOUT A SIX TO EIGHT INCH TIDAL RANGE.
YES, THAT'S WHAT, AND THERE'S, WAS THERE ANY VEGETATED WETLANDS INVOLVED IN THIS? UM, THAT IS DIFFICULT TO SAY.
UM, BASED ON THESE AERIALS, I SEE BROWN SMUDGES, I, IT, IT'S, IT'S HARD TO SAY WHAT THAT IS.
UM, THIS IS FROM APPROXIMATELY, UH, MAYBE A YEAR AND A HALF BEFORE, UM, OBVIOUSLY AT A HIGH TIDE.
SO IT'S, IT'S OBSCURING, UH, THE WETLAND JURISDICTION.
UH, I, THIS WAS AT THE VERY SAME TIME.
I, YOU CAN SEE THERE'S SOMETHING RIGHT HERE MAYBE.
UM, THE ONLY REASON IT, IT REALLY DOESN'T MAKE A LOT OF DIFFERENCE.
'CAUSE ONE AND A HALF TIMES TIDE RANGE VERSUS, UH, THE TIDE RANGE ITSELF, YOU KNOW, NON VEGETATIVE VERSUS VEGETATIVE.
IT'S NOT GONNA MAKE A LOT OF DIFFERENCE AS FAR AS, UH, LINEAR FEET IN OUR JURISDICTION.
IT'S ALL RELATIVELY, WE'RE ONLY TALKING ABOUT A, A FOOT, MAYBE A FOOT AND A HALF OF LINEAR.
YES, THAT WOULD BE IN OUR JURISDICTION EITHER WAY.
SO I, UM, IN TALKING TO MS. GORMAN BEFORE THE HEARING AND YESTERDAY, UM, THERE DID APPEAR TO BE SOME SPARTINA, UH, AMONG THE ROCKS, BUT DIFFICULT TO ACTUALLY, ALMOST NOTHING.
UM, WHEN I SAW IT, IT WAS FLOOD TIED, BUT, UH, COMING IN AND OUT, I MEAN, EVERYBODY ELSE HAS LOOKED AT IT.
I DON'T KNOW HOW TO DESCRIBE IT IN SQUARE FEET, BUT VIRTUALLY NOTHING.
I GUESS MY, UH, MAYBE IT'S, YOU'RE NOT THE PROPER PERSON TO SPEAK, BUT I'M CONCERNED ABOUT THIS ROAD, EVEN THOUGH IT'S NOT WITHIN OUR JURISDICTION.
I IMAGINE DURING FUTURE STORMS, THAT'S GONNA BE SLUMPING IT INTO THE TIDAL REGION.
IS THERE ANYTHING THAT'S COMING TO YOU? OKAY.
SO WE'LL GET THERE A CHANCE, UH, LET'S STICK TO THIS, IF YOU DON'T MIND.
UH, WE, WE HAVE BOTH LOOKED AT THAT PROBLEM.
ALRIGHT, SIR, ANYTHING ELSE ABOUT THIS SPECIFIC? UH, THAT'S ALL I HAVE ABOUT THIS SPECIFIC, UH, CASE.
I DO KNOW THAT CAPTAINS COVE HAS VARIOUS PEOPLE
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HERE.I THINK YOU WANT TO SPEAK TO IT? YES, SIR.
UH, ANYONE WISH TO SPEAK ABOUT THIS PARTICULAR REPRESENTING, UH, THIS PARTICULAR SUBJECT? PLEASE COME FORWARD.
STATE YOUR NAME FOR THE RECORD, IF YOU DON'T MIND, SIR.
I'M AN ATTORNEY AND I REPRESENT, UH, CAPTAIN'S COVE, UH, GOLF AND YACHT CLUB INCORPORATED, WHICH I'LL JUST CALL CAPTAIN'S COVE.
AND I DON'T NEED TO SWEAR YOU IN BECAUSE YOU'RE ALREADY, THANK YOU.
UM, WELL, GOOD MORNING, UH, MR. CHAIRMAN AND, AND MEMBERS OF THE BOARD.
UM, AS I SAID, I REPRESENT CAPTAIN COVE.
UH, AND HERE WITH ME WE'VE GOT MS. COLBY PHILLIPS, WHO'S THE, UH, SENIOR GENERAL MANAGER FOR CAPTAIN'S COVE.
UH, WE'VE GOT MR. UH, CHRIS MCCABE FROM COASTAL COMPLIANCE, UH, IT'S SOLUTIONS.
AND WE'VE GOT MR. RICH POLK FROM VISTA DESIGN, UM, WHO'S VERY FAMILIAR WITH THE, UH, WITH THE AREA AND HAS SUBMITTED SOME JPA THAT ARE, ARE NO LONGER BEFORE YOU.
YOU KNOW, THERE'S NO QUESTION THAT CAPTAIN'S COVE EMPLOYEES PUT THE CONCRETE THERE.
UM, AND IT WAS A MISTAKE AND THEY REMOVED IT.
IT'S ALREADY, IT'S ALREADY GONE.
SO HOW DID THIS HAPPEN? UM, YOU MIGHT REMEMBER THAT IN MID 2025, THERE WERE HEAVY STORMS THAT CAUSED SEVERE EROSION, UH, IN, IN THAT LOCATION THERE ON NAUTILUS COURT.
AT THAT TIME, CAPTAINS COVE EMPLOYEES HAPPENED TO BE REPLACING A RENOVATING A SWIMMING POOL.
AND SOME OF THEM TOOK IT UPON THEMSELVES, UH, TO SAY, HEY, WE NEED TO STABILIZE THE SHORELINE.
LET'S MOVE SOME OF, LET'S PUT SOME OF THIS CONCRETE, UH, ON ONTO THE SHORELINE.
UM, AS SOON AS CAPTAIN COVE, CAPTAIN'S COVE MANAGEMENT FOUND OUT ABOUT THAT, THEY SELF-REPORTED, THEY SAID, OH, THIS IS WRONG.
THEY REPORTED TO, TO THE COUNTY.
UM, AND THEY'VE BEEN WORKING WITH THE COUNTY EVER SINCE THE CONCRETE HAS BEEN REMOVED.
UH, WE BELIEVE THE AREA HAS BEEN RESTORED TO, TO WHAT IT WAS, UH, BEFORE I DID HAVE A PHOTO.
I WAS GONNA PUT THIS ON A TRI.
I WAS GONNA PUT THIS ON A TRIPOD, BUT IT TENDS TO FALL APART AND I THINK WE'RE CLOSED ENOUGH THAT WE CAN SEE IT.
THIS PHOTO WAS TAKEN, UM, BY THE DIRECTOR OF ROADS AND MAINTENANCE FOR CAPTAIN'S COVE SHORTLY BEFORE THE CONCRETE WAS PUT DOWN.
AND YOU'VE SEEN SOME OTHER PHOTOS, UH, TOO UP ON THE SCREEN.
THAT'S WHAT WE THINK IT LOOKED LIKE BEFOREHAND.
UH, YOU REALLY HAVEN'T HEARD ANYTHING DIFFERENT, UH, EVEN FROM FROM MR. WATSON.
AND THAT'S ESSENTIALLY WHAT IT, WHAT IT LOOKS LIKE.
UM, THERE MAY HAVE BEEN WHEN THE CONCRETE WAS THERE, SOME SMALL CLUMPS, I THINK THEY'VE BEEN REFERRED TO OF SPARTINA THAT GREW UP IN THE CONCRETE.
BUT THOSE WERE SUPPORTED BY THE CONCRETE
AND IF THEY WERE REPLACED, IF THEY WERE REPLANTED ON THIS BEACH, UM, THEY WOULD JUST WASH AWAY.
I THINK IT'S IMPORTANT TO REVIEW QUICKLY THE AUTHORITY OF THE BOARD, OF THE BOARD, UM, WHEN IT COMES TO RESTORATION HEARINGS, WHICH IS WHAT WE'RE HERE FOR.
AND THIS IS UNDER VIRGINIA CODE, UH, 28.2 1317 D, WHICH DOES ALLOW THE BOARD TO, AND I'M QUOTING NOW, ORDER THAT THE AFFECTED SITE BE RESTORED TO PRE-DEVELOPMENT CONDITIONS.
IF THE BOARD FINDS THAT RESTORATION IS NECESSARY TO RECOVER LOST RESOURCES OR TO PREVENT FURTHER DAMAGE TO RESOURCES.
SO IF THERE ARE NO LOST RESOURCES AND THERE'S NO FURTHER DAMAGE OCCURRING, THERE'S NO AUTHORITY TO ORDER RESTORATION.
THERE'S NO AUTHORITY TO FORCE CAPTAIN'S COVE TO MAKE THE AREA BETTER THAN IT WAS BEFORE.
AND OF COURSE, YOU'VE GOT THE ISSUE TOO, OF THE EXTREMELY LIMITED JURISDICTION.
I THINK IT'S LIKE, LIKE A FOOT, YOU KNOW, IF IT'S EIGHT INCHES PLUS HALF OF EIGHT INCHES IS A FOOT OF, UH, OF JURISDICTION.
I HAVE ASKED MULTIPLE TIMES SINCE I BECAME INVOLVED IN THIS CASE ABOUT A MONTH AGO OF THE COUNTY STAFF, WHETHER THEY BELIEVE THERE HAS BEEN ANY DAMAGE TO THE WETLANDS THAT NEED TO BE RESTORED.
AND IF SO, TO PLEASE TELL US WHAT THAT DAMAGE IS SO WE CAN GET ABOUT DOING IT.
AND I ASK THAT VERY SPECIFICALLY.
I ASK FOR THE SQUARE FOOTAGE AND THE LOCATION OF THE DAMAGE.
IF THERE'S DAMAGE, PLEASE TELL US WHAT IT IS.
UH, I ASK IT VIA EMAILS ON JULY 30TH, AUGUST 3RD, AND AUGUST 18TH.
AND I DID EXPLAIN THAT DUE PROCESS, 'CAUSE THIS IS A RESTORATION HEARING, REQUIRES THAT WE BE INFORMED OF THE ALLEGATION AGAINST US IF WE'RE, IF, IF IT'S BEING SAID THAT WE'VE CAUSED DAMAGE, PLEASE TELL US WHAT THE DAMAGE IS SO THAT BEFORE THE HEARING WE CAN FIX IT.
THE ONLY REAL RESPONSE I RECEIVED TO THAT WAS VIA EMAIL ON AUGUST 19TH, WHICH SAYS, AND I'M QUOTING, THE ALLEGATION IS THAT CAPTAIN'S COVE DUMPED PIECES OF CEMENT IN THE WETLANDS IN OCTOBER OF 2025 AND RECENTLY REMOVED IT.
THERE IS NO ALLEGATION THAT WE'VE EVER HEARD OF ANY DAMAGE, ANY CONTINUING DAMAGE AND READING THE STAFF MEMORANDUM THAT WAS PREPARED A WEEK AGO, THERE'S NO ALLEGATIONS IN THERE EITHER OF, OF ANY ACTUAL DAMAGE THAT'S OCCURRED.
UM, YESTERDAY AT ABOUT 3:00 PM WE RECEIVED AN
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EMAIL THAT SAID THAT THERE'S BEEN SOME ADDITIONAL PHOTOS UPLOADED.AND THAT WAS THE FIRST TIME WE EVER SAW THOSE.
AND THAT'S THE ONES THAT YOU JUST SAW THAT HAD JUST, IT LOOKED LIKE A TINY LITTLE BIT OF SOME KIND OF MAYBE GRASS GROWING, MAYBE IN THE WETLANDS JURISDICTION, MAYBE NOT IN THE WETLANDS JURISDICTION.
WE ALSO RECOGNIZE THAT THE BOARD HAS THE AUTHORITY TO ASSESS A CIVIL CHARGE.
IF YOU THINK THAT'S WARRANTED, WE DON'T THINK A CIVIL CHARGE WOULD BE APPROPRIATE HERE.
UH, THIS WAS A MISTAKE THAT WAS DONE BY CAPTAIN SCOPE OF EMPLOYEES THAT WAS IMMEDIATELY SELF-REPORTED AND IT'S BEEN CORRECTED.
UM, I UNDERSTAND THAT THERE'S PERHAPS SOME OBJECTORS HERE THAT MIGHT WANNA SPEAK.
AND I, UH, JUST WANNA BRIEFLY ADDRESS THAT.
WE'VE SEEN COMPLAINTS POSTED ON THE VMRC WEBSITE AND, AND IN OTHER FORUMS FROM CERTAIN MEMBERS OF THE, UH, CAPTAINS COVE COMMUNITY.
UM, THE COMPLAINTS THAT WE'VE SEEN HAVE NOTHING TO DO WITH THE ISSUE BEFORE THE BOARD, WHICH IS SIMPLY THE VERY LIMITED ISSUE OF THERE WAS CONCRETE REPLACED OR PLACED IN THE WETLANDS AND IT'S BEEN REMOVED.
AND HAS THERE BEEN ANY DAMAGE RESULTING FROM THAT? UH, THE COMPLAINTS THAT WE'VE SEEN HAVE TO DO WITH THINGS LIKE HOA ASSESSMENTS AND, AND AND THINGS OF THAT NATURE, WHICH ARE CERTAINLY NOT IN THE
AND SOME OF THE COMPLAINTS HAVE ALSO BEEN UNTRUE.
FOR EXAMPLE, SOMEONE REPORTED THAT THE CONCRETE THAT WAS PLACED THERE CONTAINED ASBESTOS AND REBAR AND THAT WAS FALSE.
UH, THE VIRGINIA OCCUPATIONAL SAFETY AND HEALTH INSPECTORS ACTUALLY VISITED THE SITE WHILE THE CONCRETE WAS THERE AND THEY FOUND NO VIOLATION OF OF, OF ANY, ANY NATURE LIKE THAT.
AND I ONLY MENTION THAT BECAUSE WE EXPECT THAT SOME OF THE MEMBERS OF THE COMMUNITY MIGHT WANNA SPEAK HERE THIS MORNING, WHICH IS THEIR RIGHT.
BUT I JUST ASKED THE BOARD TO REMEMBER.
THE ONLY ISSUE BEFORE YOU TODAY IS THE CONCRETE THAT WAS PLACED AND THE CONCRETE THAT'S BEEN REMOVED.
ANYTHING IF NO, NO REBAR WHATSOEVER.
IS THAT WHAT YOU'RE SUGGESTING? UH, I DIDN'T SEE THE REPORT.
MY UNDERSTANDING IS THAT THERE'S NO ASBESTOS AND IF THERE'S ANY REBAR, IT'S A VERY, VERY, VERY SMALL AMOUNT.
BUT THERE WAS SOME NUMBER THREE REBAR HERE AND THERE IN PORTIONS OF IT.
YEAH, I I THINK THERE MAY HAVE BEEN A SMALL AMOUNT OF REBAR THAT WAS WITHIN WHATEVER LIMIT THAT THEY HAD.
THERE WAS NO VIOLATION ISSUED.
UM, AND SO AGAIN, THE ONLY ISSUE BEFORE THE BOARD IS THAT CONCRETE THAT WAS THERE AND NOW IT'S NOT.
AND ANYTHING UNRELATED TO THAT ISSUE SHOULD BE DISREGARDED.
AND WE WILL BE ASKING THAT YOU FIND THAT NO FURTHER RESTORATION IS WARRANTED AND THAT THIS MATTER IS CLOSED.
ALRIGHT, SIR, ANY QUESTIONS FOR THIS GENTLEMAN? YES, I DO.
BUT BEFORE I DO, SO I'D LIKE TO DISCLOSE THE FACT I'M A MEMBER OF CAPTAIN'S COVE, HOA, BUT I HAVE NO PARTICULAR, UH, POSITION OF AUTHORITY RESPONSIBILITY WITH CAPTAINS COVE, DOLPHIN YACHT CLUB INC.
UH, THIS IS SORT OF UNUSUAL SITUATION HERE.
WE ACTUALLY HAVE TWO OWNERS INVOLVED HERE IN THIS AREA.
AND I GUESS THE ONE QUESTION I HAVE TO ASK, UH, CCG, NO LLC, DID THEY GIVE WRITTEN OR VERBAL APPROVAL TO HAVE THE MATERIAL PLACED ON THEIR LOT? WE HAVE AN ATTORNEY, UM, ACTUALLY REPRESENTING CCGG NOTE LLC, WHO CAN SPEAK THAT? I DON'T BELIEVE THAT THEY DID, BUT I, I, UH, I WON'T SPEAK FOR, FOR MR AND OKAY, THEN I'LL WAIT FOR THE OTHER ATTORNEY.
ANY OTHER QUESTIONS FOR THIS GENTLEMAN? YOU SAY YOU SELF-REPORTED, UH, YOU PUT IT THE, THE CONCRETE WAS IN 2025.
WHEN DID THEY SELF-REPORT? THE STAFF MEMORANDUM SAYS IMMEDIATELY.
UM, I WASN'T INVOLVED AT THAT TIME, BUT I'M JUST LOOKING AT THE, UH, AT THE REPORT.
UM, MAYBE, MAYBE MR. WATKINSON CAN ANSWER THAT.
UM, I BELIEVE THE NEXT MORNING ABOUT 10:00 AM MY RECOLLECTION IS, UH, I GOT A CALL FROM COLBY, IF I REMEMBER CORRECTLY, ABOUT 10:00 AM NEXT DAY AF AFTER IT WAS DONE.
AND IT WAS REMOVED WHEN, UH, I THINK SOMETIME MID-JULY, I AFTER THE JANUARY 20, 20, 20 26, CORRECT? YES.
AND I CAN, I'M NOT SURE ABOUT THAT DATE, BUT THAT'S, I, I MADE A COUPLE VISITS AND I KNOW THAT IT WAS SOMETIME IN BETWEEN.
I CAN SPEAK TO, TO THAT TO THE REASON THAT IT TOOK A LITTLE BIT OF TIME.
IT'S BECAUSE AFTER THIS OCCURRED, REMEMBER THAT THE EROSION WAS STILL HAPPENING.
CAPTAINS COVE SUBMITTED A-A-J-P-A-A JOINT PERMANENT APPLICATION FOR A SHORELINE STABILIZATION PROJECT.
THAT WAS A VERY LARGE PROJECT.
IT HAD ELEMENTS OF LIVING SHORELINES AND EVERYTHING LIKE THAT.
AND THIS WAS ALL GONNA BE INITIALLY SORT OF PART OF THIS, OKAY, WE'RE MOVING THE CONCRETE, BUT WE'RE ALSO GONNA PUT THIS LIVING SHORELINE IN.
AND THAT WAS PROCEEDING ALONG.
I KNOW THAT A LOT OF PEOPLE HERE HAVE BEEN, YOU KNOW, INVOLVED IN THAT.
AT SOME POINT A COUPLE OF MONTHS AGO, IT CAME TO CAPTAIN CO CAPTAIN'S COVE'S ATTENTION.
THAT'S SOME PROPERTIES IMMEDIATELY TO THE NORTH.
WERE DOING A SHORELINE AND STABILIZATION PROJECT AS WELL, BUT THEIRS
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WAS NOT A LIVING SHORELINE TYPE OF STABILIZATION PROJECT.INSTEAD THEY'RE PUTTING REVETMENTS, WHICH ARE OUT OF THE WETLANDS BOARD'S JURISDICTION, BECAUSE AS WE SAID, IT'S ONLY, YOU KNOW, VERY, VERY SMALL.
AND WHEN WE SAW THAT, OUR DESIGNERS SAID MAYBE WE SHOULD LOOK AT THAT AS WELL.
AND SO THEY STARTED LOOKING AT POTENTIAL PLANS.
ONE OF 'EM SOMEHOW GOT UPLOADED ONTO THE VMRC SITE.
IT WASN'T ACTUALLY SUPPOSED TO BE AN OFFICIAL REVISION, BUT THAT'S STILL BEING LOOKED AT.
AND UH, IT'S, IT'S NOW WITHDRAWN.
SO THE ONLY ISSUE HERE IS THE RESTORATION.
WE DON'T HAVE A PENDING JPA RIGHT NOW, BUT AS FAR AS WHY WAS THE ISSUE, YOU KNOW, REPORTED IMMEDIATELY AFTER BUT NOT REMOVED FOR SOME PERIOD OF MONTHS.
WE WERE NOT ORDERED TO REMOVE IT DURING THAT PERIOD OF MONTHS AND WE WERE PROCESSING THAT JPA, WHICH IS NO LONGER BEFORE THE BOARD.
UH, BACK TO THE LIVING, I SEE THREE, FOUR PEOPLE IN THIS ROOM THAT CAN TELL YOU LIVING WOULDN'T LAST 15 MINUTES THERE.
IT WASN'T, I DON'T THINK IT WAS A COMPLETE LIVING SHORELINE, BUT IT HAD SOME, SOME ELEMENTS OF IT, BUT IT'S, IT'S BEEN WITHDRAWN.
LET'S MAKE SURE WE'RE CLEAR ABOUT THAT.
IT'S THE WORST PLACE IN, IN I ON THE BAYSIDE OR WORST PLACE I CAN THINK OF ANYWHERE TO PUT A LIVING AND IT'S ALSO REALLY EXPENSIVE
ALRIGHT, ANY OTHER QUESTIONS FOR THIS GENTLEMAN OUTSIDE OF THE, UH, PAVEMENT ISSUE WE'RE GONNA GET INTO LATER? ANYTHING? IS THERE ANYTHING THAT I MISSED? ALRIGHT, SIR.
ANYTHING ELSE? UH, NO, BUT I'LL BE HERE TO ANSWER QUESTIONS.
UH, THANK YOU FOR STICKING AROUND.
ALRIGHT, SIR, UM, PLEASE, UH, STATE YOUR NAME FOR THE RECORD.
YES, GOOD MORNING, UH, BOARD MEMBERS.
I'M AN ATTORNEY AT WOOLCOTT RIVERS GATES IN VIRGINIA BEACH.
I'LL HAND YOU MY CARD SO YOU CAN GET THE SPELLING ON THE LAST NAME THERE TOO.
UH, I'LL NOTE THAT THE STAFF MEMORANDUM BEFORE THE BOARD, UH, MAKES CLEAR THAT THE, UH, ACTUAL SWORN COMPLAINT REFERENCES CCG NOTE LLC, UH, AS THE, UH, PROPERTY OWNER, WHEREAS THE STAFF MEMORANDUM MORE RECENTLY CLARIFIES THAT IT'S CCG LAND LLC THAT IS ACTUALLY THE OWNER OF TWO OF THE LOTS, UH, THAT ARE IMPACTED BY, UH, THAT WERE IMPACTED BY THE, THE QUOTE UNQUOTE DUMPING.
UH, I WILL MAKE VERY CLEAR RIGHT OFF THE BAT THAT UH, THEY HAD NO KNOWLEDGE OF THIS.
THE FIRST TIME THEY BECAME AWARE OF THIS AT ALL WAS IN JULY UPON RECEIPT OF THE, UH, NOTICE FROM MR. WATSON, UH, VIA THE LETTER CORRESPONDENCE THERE.
UH, I WOULD JUST LIKE TO ECHO MUCH OF MR. PEEBLES POINTS, ESPECIALLY ON THE, ON THE LEGAL SIDE OF THINGS REGARDING THE DUE PROCESS CONCERNS HERE.
AND I THINK THAT'S WORTHY OF EXTRA EMPHASIS WITH RESPECT TO, UH, CCG NOTE LLC AND CCG LAND LLC, UH, ESPECIALLY WITH, UH, CCG NOTE LLC HAVING RECEIVED, UH, THE ONLY ACTUAL NOTICE OF THIS MATTER, UH, WHEREAS CCG LAND LLC WAS THE ONE THAT ACTUALLY SHOULD HAVE.
AND SO I, I ACTUALLY DON'T THINK THAT THE PROPER LANDOWNER THERE IS PROBABLY MADE A PARTY TO THESE, UH, THIS ACTION HERE.
UM, AGAIN, THEY'RE SEPARATE BUSINESS ENTITIES, THEY'RE SEPARATE BUSINESS ENTITIES FROM CAPTAIN'S COVE AS WELL.
UM, AND OBVIOUSLY THEY DID NOT KNOW ABOUT ANY OF THE DUMPING, BUT UPON FINDING OUT ABOUT IT, UH, THEY CERTAINLY OFFERED THEIR FULL SUPPORT AND COOPERATION FOR CAPTAIN'S COVE'S EFFORTS TO, UH, REMOVE THE, THE, THE DUMP MATERIALS.
UM, AND THEY'RE, THEY'RE FULLY ON BOARD WITH, UH, ANY EFFORTS TO, UH, FIX THIS PROBLEM HERE.
UH, THEY'RE, THEY'RE JUST AN INNOCENT LANDOWNER IN THIS LARGELY.
UM, AND THEY WANTED TO MAKE SURE THAT THEY HIRED, HIRED SOMEONE LIKE ME TO APPEAR AND, AND NOTE THAT THEY SHARED THE, THE BOARD'S MISSION IN PREVENTING THE DEFOLIATION AND DESTRUCTION OF THE WETLANDS.
AND, UH, THEY ULTIMATELY HOPE THAT, UH, THE BOARD FINDS THAT THERE WAS NO VIOLATION ON THEIR PART AND NO FINES OR FURTHER REQUIREMENTS WILL BE IMPOSED ON THEM.
HAPPY AN ANSWERING ANY MORE SPECIFIC QUESTIONS ON THOSE TWO CLIENTS, BUT THAT'S OUR POSITION.
THE, THE CONCRETE WENT ON THE, UH, BEACH ON OCTOBER, 2025 AND CCG LAND WAS NOT NOTIFIED UNTIL JULY, 2026.
YEAH, AND AS YOU CAN SEE, IT'S UNDEVELOPED LAND.
UH, IT'S NOT LIKE THEY'RE VISITING THERE OR DOING TOO MUCH ON THERE.
IT'S, IT'S LARGELY HELD LAND AT THIS POINT.
SO, UH, THEY HAD NO KNOWLEDGE OF IT.
ANYTHING ELSE? ALRIGHT, IS THERE ANYONE ELSE SPEAKING BEFORE THE BOARD ABOUT THIS PARTICULAR ISSUE? YES, MA'AM.
WOULD YOU KINDLY STATE YOUR NAME FOR THE RECORD? THERESA BIRKHEAD.
DO YOU AFFIRM OR SWEAR OR YOU TELL THE TRUTH,
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WHOLE TRUTH AND NOTHING BUT THE TRUTH IN ALL MATTERS BEFORE THIS BOARD? YES SIR.UM, SO I CAME TO THE HEARING IN APRIL AND OF COURSE WE WERE ALL UPSET IN APRIL.
UM, AND I'M THE PRESIDENT OF THE CONCERN CITIZENS OF CAPTAIN'S COVE.
UM, AND I WASN'T IN CAPTAIN'S COVE WHEN IT HAPPENED, BUT, UM, MY PHONE KEPT PINGING WHILE I WAS IN THE OUTER BANKS.
AND I LOOKED DOWN AND I HAD LIKE 80 SOME MESSAGES FROM PEOPLE AND EVERYBODY WAS IN A UPROAR ABOUT THIS CONCRETE GOING TO THIS AREA.
I WILL TELL YOU THAT, UM, I CAN CONFIRM THE CONCRETE IS GONE.
THERE WASN'T, UM, HARDLY ANY VEGETATION THERE TO BEGIN WITH BECAUSE THE WATER GOES IN AND OUT EVERY DAY.
IT'S SO STRONG THAT IT ACTUALLY CHIPS AWAY THE ASPHALTED, UH, ROAD THAT'S THERE.
AND, UM, UH, SO TO CONFIRM WHAT THEY HAD ALREADY SAID THAT THEY HAVE REMOVED IT.
THERE WASN'T VERY MUCH VEGETATION THERE IN THE FIRST PLACE.
UM, BUT OUR CONCERN IS, IS THAT IT, THAT AREA DOES NEED SOMETHING TO PROTECT, UM, FROM THE BAY TO, UH, IT NEEDS SOME PROTECTION FOR EROSION SO THAT THAT BAY DOESN'T KEEP CHIPPING OFF THE, UM, ASPHALTED OR THE CHIP AND TAR FROM THAT ROAD.
AND THERE'S ALREADY WATER INFRASTRUCTURE THERE.
SO OUR CONCERN IS THAT THERE'S NEEDS TO BE SOME TYPE OF PROTECTION IN THAT AREA SO THAT WE DON'T HAVE THE SAME ISSUE THAT'S HAPPENING TO THE SOUTH END OF CAPTAIN'S COVE, WHERE, UM, THERE'S SO MUCH FLOODING THAT PEOPLE CAN'T EVEN GET INTO THEIR HOMES.
SO I JUST WANTED TO COME UP AND AND CONFIRM THAT THEY HAVE REMOVED IT.
AND I ALSO WANNA SAY CCG LAND AND CCG NOTE ARE THE ONE IN THE SAME.
THEY'RE THE, THE OWNERS OWN BOTH OF THOSE COMPANIES AND THEY ARE OUR DECLARANT AND THEY MAKE EVERY DECISION FOR US IN THE COVE.
THEY HAVE SUCH A VOTING POWER, UM, THAT WE WILL NEVER BE ABLE TO VOTE ON ANYTHING, UM, THAT WE WANT TO, TO GO OUR WAY BECAUSE THEY HAVE THREE TO ONE, WHICH IS ABOUT 33,000 VOTES TO ABOUT 2000 SOME OF OUR VOTES.
SO WE DON'T HAVE ANY SAY SO IN IT.
AND FOR THEM TO SAY THAT THEY DIDN'T KNOW THEY ARE ON THE BOARD OF DIRECTORS AND THEY HAVE MEETINGS.
SO I DON'T KNOW HOW THEY COULD NOT KNOW.
ANYTHING ELSE, ANYTHING FOR THIS LADY SPECIFICALLY ON THIS TOPIC? NOTHING.
UH, IS THERE ANYONE ELSE THAT WISHES TO SPEAK ABOUT THIS PARTICULAR TOPIC? MAY I BRIEFLY FOLLOW UP? ABSOLUTELY.
AND I JUST WANNA, UM, THANK, THANK MS BIRKHEAD FOR, UM, FOR CONFIRMING THAT THERE WASN'T ANY VEGETATION THERE TO BEGIN WITH AND THE CONCRETE HAS BEEN REMOVED, WHICH IS OF COURSE THE ONLY ISSUE BEFORE THE BOARD.
UM, I, I DID SPEAK TO, UM, SORRY TO, UH, MR. POLK, YOU ASKED THE QUESTION ABOUT THE LIVING SHORELINE.
THE REASON THAT WE SUBMITTED A LIVING SHORELINE PLAN IS BECAUSE WE WERE TOLD THAT IT WAS REQUIRED, YOU KNOW, THE LAW ANALYSIS REQUIRED, REQUIRED TO, YOU KNOW, IF ELEMENTS OF A LIVING SHORELINE OR IF POSSIBLE, YOU HAVE TO TRY TO INCORPORATE ONE.
WE AGREE THAT IT'S NOT A GOOD, NOT A GOOD PLAN THERE, BUT THAT'S THE REASON THAT IT WAS INITIALLY SUBMITTED THAT WAY.
I ALSO JUST BRIEFLY WANT TO ADDRESS, UM, MS. BIRKHEAD'S COMMENT THAT, THAT THE AREA NEEDS TO BE STABILIZED.
I THINK THAT'S A LITTLE BIT IRONIC BECAUSE WHEN WE PUT IN THE JPA TO DO JUST THAT, ALL KINDS OF OBJE OBJECTIONS CAME IN AND IT WAS FROM THE SAME PEOPLE THAT ARE SITTING HERE THAT ARE THE, UH, CONCERNED CITIZENS OF CAPTAIN'S COVE.
AND THAT'S, UM, THAT'S ALL I HAVE TO SAY.
WE ARE GIVING SOME GUIDELINES HERE ON THIS BOARD FOR PROTECTION.
AND THE FIRST OF COURSE IS LIVING.
UH, WE, WE ALL WISH WE COULD HAVE LIVING THE ABSOLUTE BOTTOM OF IT IS BULKHEAD, BUT THERE ARE EIGHT OTHERS IN THE MIDDLE FOR PROTECTION THAT WORK VERY, VERY WELL IN CERTAIN AREAS.
I'M SURE YOU'RE ALREADY AWARE OF THAT, BUT AS FAR AS PROTECTION BASKETS, UH, YOU, YOU NAME IT, THERE ARE SO MANY OTHER THINGS THAT, THAT COULD GO THERE FOR PROTECTION.
AND WE'RE LOOKING, LOOKING AT OUR PLAN FOR, FOR THAT GOING FORWARD RIGHT NOW.
ANYTHING FOR THIS GENTLEMAN? UH, YES MA'AM.
UH, BRIEFLY, IF YOU DON'T MIND.
ALREADY BEEN SWORN IN TO CARRY ON.
SO THE OBJECTION FROM MANY OF THE COMMUNITY MEMBERS IS, FIRST OF ALL, THEY DON'T WANT, UM, TRASH TO BE DUMPED ON THEIR, ON THEIR, UH, BEACHES AND GOING INTO THE BAY.
AND THE SECOND OBJECTION IS, IS THAT THAT PERMIT THAT THEY SUBMITTED HAD DIFFERENT LOT OWNERS INVOLVED IN IT, BUT
[00:30:01]
THE, UM, THE PERMIT THAT WAS SUBMITTED WAS BEING PAID FOR BY CAPTAIN'S COVE AND THE PROJECT WOULD BE PAID FOR BY CAPTAIN'S COVE, WHICH ARE THE MEMBERS.AND THE MEMBERS AREN'T THE ONES THAT DECIDED TO GO DUMP THAT CONCRETE.
SO YES, WE WERE MAD BECAUSE EVERY TIME THAT WE HAVE SOME OF THESE ISSUES, WE ARE PAYING FOR ALL THESE ATTORNEYS OUT OF OUR DUES.
AND IF THERE'S GONNA BE A CIVIL FINE, IT'S GONNA BE US.
SO YEAH, THE PEOPLE ARE UPSET, THEY'RE TIRED OF KEEP PAYING FOR THE SAME MISTAKES OR DIFFERENT MISTAKES THAT THE DECLARANT AND THE BOARD OF DIRECTORS MAKE.
WE WANT SOME ACCOUNTABILITY FOR OUR JEWS.
UH, I DO WANT TO ASK YOU SOMETHING.
YOU SAID TRASH, DID YOU MEAN YOU REFERRING TO THE, THE CRAP WRAP THAT WAS PUT DOWN THERE? YES, THAT'S RIGHT.
I'M A LICENSED CONTRACTOR, SO YOU KNOW, I USE THAT SLANG, BUT YES.
ANY QUESTIONS FOR THIS LADY? THANK YOU MA'AM.
ANYONE ELSE WISH TO SPEAK ABOUT THIS PARTICULAR TOPIC? IF NOT, I'M GONNA CLOSE THE FLOOR, OPEN IT TO THE PUBLIC.
ANYBODY GOT ANYTHING TO SAY? THANK YOU.
UH, FIRST I WOULD SAY THAT, UH, CCG LAND, THEY DID SUBMIT A JPA IN MARCH OF 2026 TO DEAL WITH, ALONG WITH CAPTAIN SCO, WHO WAS A JOINT, UH, JPA, BUT CCG LAND DID SIGN OFF ON IT TO REMEDY THE VIOLATION AT THAT POINT.
OF COURSE THE PLAN HAS CHANGED.
SO I MEAN OBVIOUSLY THEY'VE KNOWN ABOUT IT FOR QUITE SOME TIME.
UM, OBVIOUSLY KNEW ABOUT IT BEFORE THAT 'CAUSE IT TOOK SOME TIME TO PREPARE THIS JPA.
AND I GUESS THE REASON WE'RE HERE TODAY, LOOKING AT ALL THESE PICTURES, UH, MAINLY IS BECAUSE, UM, PENDER AND COWARD SUBMITTED A QUITE DETAILED REPLANTING PLAN PROPOSING TO PLANT A GOOD DEAL OF VEGETATION THERE AND THEN THEY WITHDREW IT.
UM, AGAIN, I DON'T TAKE ANYTHING BACK ABOUT WHAT I'VE SAID ABOUT MY OBSERVATION THESE PICTURES, BUT I KIND OF MUDDIED THE WATER TO THE EXTENT WITH THE BOARD KNOWING ABOUT THIS REPLANTING PLAN THAT I FELT LIKE IT'S UP TO THE BOARD TO DETERMINE, UM, YOU KNOW, WHAT IF ANYTHING NEEDS TO BE DONE.
AND, UH, THE REST OF MY RESPONSE TO THE QUESTION ABOUT WHAT THE ALLEGATION WAS, WAS THAT I WOULD PRESENT THE PICTURES TO THE BOARD AND IT WAS UP TO THE BOARD, NOT ME, TO DETERMINE WHAT, IF ANYTHING ELSE NEEDED TO BE DONE TO THE SITE.
ANY, UH, BEFORE WE GET INTO THE NEXT PORTION OF THIS, IS THERE ANYTHING FOR MR. WATSON OR ANYONE FROM THE BOARD, UH, REGARDING WHAT HAS JUST BEEN SHED? I THANK YOU MR. WATSON.
JUST TO, FOR THE RECORD, THE CEMENT CONCRETE WENT ON IN OCTOBER OF 2025 AND MAYBE NOVEMBER, RIGHT? OH, OKAY.
AND THE IDEA BEING AT THAT TIME WE SAID, UH, I THINK THE WAY IT WENT WAS THAT BECAUSE THERE WAS THIS LIVING SHORELINE JPA, THAT THE CONCRETE CAN REMAIN UNTIL THE LIVING SHORELINE WAS PUT IN.
AND ONCE THE LIVING SHORELINE WAS NOT PUT IN, THE CONCRETE WAS STILL THERE.
AND IT WENT FROM A, A, A CONVERSION BASICALLY TO A COMPLAINT ISSUE AT THAT POINT.
A CORRECT OR IT WAS ALWAYS A COMPLAINT, BUT THE IDEA NOW WE HA THAT'S WHY WE'RE HAVING THIS SIMPL SEPARATE COMPLAINT VIOLATION HEARING.
WELL, SO THE LIVING SHORELINE, UH, NOT LIVING SHORELINE, BUT THE JPA WAS SUBMITTED IN MARCH OF, OF 2026.
UH, WE DID HAVE A VISIT THERE WITH VIMS, UH, OBVIOUSLY THE MRC, THE ARMY CORPS OF ENGINEERS, THEN THE JPA WAS AMENDED.
UM, OBVIOUSLY THAT WAS TAKEN A MONTH HERE, A MONTH THERE.
AND THEN IT WAS, I BELIEVE VERY BEGINNING OF JULY WHEN THAT WAS, THE JPA WAS WITHDRAWN AND THEN THE VIOLATION WAS JUST STANDING THERE ALONE.
SO, YOU KNOW, THAT'S OBVIOUSLY NOT A LOT OF TIME BETWEEN I THINK JULY 1ST AND TODAY THEY DID REMOVE THE CONCRETE WITHIN A, I THINK A WEEK OR TWO, MAYBE TWO WEEKS OF THAT JULY 1ST EXCHANGE OF EMAILS.
UP UNTIL THAT POINT, I WAS NOT DEMANDING THAT IT BE REMOVED BECAUSE IT, BECAUSE THE JPA WAS STILL PENDING AND WAS BEING WORKED ON AND SEEMED TO BE GOING FORWARD.
SO IN SHORT, THAT CONCRETE WAS THERE ON THAT BEACH FOR EIGHT, EIGHT MONTHS OR SO? UH, YES.
[00:35:01]
ANYTHING YOU WISH TO BRING TO THE TABLE FROM VMRC? I SWEAR YOU IN.DO YOU FIRMLY SWEAR YOU'LL TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH IN ALL MATTERS BEFORE THIS BOARD? I DO.
UM, I DON'T HAVE ANYTHING TO ADD.
UM, I WOULD JUST ECHO WHAT PAUL SAID.
UM, MY SITE OBSERVATIONS AT THE TIME WHEN WE WERE PROCESSING THE JPA WAS THAT THERE WERE SMALL PATCHES OF PATENTS, WHICH IS A PROTECTED WETLAND SPECIES ONSITE AMONGST THE CONCRETE.
WHETHER OR NOT IT WAS JURISDICTIONAL, I CAN'T REALLY SPEAK TO THAT RIGHT NOW.
UM, AND I, AS FAR AS THE TIMELINE GOES, IT WAS ALSO MY UNDERSTANDING THAT THAT JPA WAS SUBMITTED IN GOOD FAITH TO FIX THE VIOLATION, THEN IT WAS ALTERED AND THEN IT WAS WITHDRAWN.
SO, AND SUBSEQUENTLY A RESTORATION PLAN WAS SUBMITTED SEEMINGLY IN GOOD FAITH TO ADDRESS THE VIOLATION.
AND THEN THAT WAS ALSO REVOKED.
SO THAT, THAT PART I'M A LITTLE UNCLEAR ON, BUT EVERYTHING THAT PAUL HAS SAID IS CONSISTENT WITH, WITH WHAT I'VE OBSERVED TOO.
ANY QUESTIONS FOR MS. GORMAN? CLAIRE, YOU HAVEN'T BEEN UP THERE SINCE THE RESTORATION, HAVE YOU SINCE HE REMOVED THE CONCRETE? I HAVE NOT, NO.
ANYTHING ELSE? THANK YOU MA'AM.
UH, THIS MAY BE THE PROPER TIME TO BRING UP THE ACADEMY, I'M NOT SURE, BUT LET'S DO IT ANYWAY.
UH, WELL IF YOU DON'T MIND, MR. CHAIR, I WOULD LIKE TO SORT OF DISCUSS A LITTLE BIT ABOUT THE SUPPOSED RESTORATION PLANNING.
UH, I THINK WE CAN ALL AGREE HERE THAT THAT FETCH AND THE ENERGY OF THAT WAVE ACTION OVER THERE, IF WE DID ANY SORT OF RESTORATION WITHOUT ANY PROTECTIVE ISSU, IT, IT JUST, THERE'S A WAY IT WOULDN'T WORK.
I MEAN, THERE WAS NO NEED FOR A RESTORATION PLAN.
IT WAS NO NEED FOR A MONITORING PLAN.
SO IT, IT WAS NOT GOING TO BE EFFECTIVE IN THAT REGARD.
SO THAT'S, WE'RE HAVING A RESTORATION HEARING, SO I JUST WANNA MAKE THAT CLEAR THAT IT WAS, IT'S NOT GONNA WORK IN MY VIEW.
AND I THINK, UH, THAT WOULD BE THE CONSENSUS OF THE BOARD HERE AS WELL.
ANYBODY THAT'S EVER BEEN THERE, IF YOU HAVEN'T GO UP THERE ON FIRST EIDE OR SOMETHING, YOU'LL UNDERSTAND.
BUT YOU ARE ABSOLUTELY CORRECT AND NOTHING ALONG THOSE LINES WOULD'VE WORKED.
UM, AND AS, AS WE'VE SAID MANY TIMES, OUR SMALL AREA, UH, WOULD'VE NOT BEEN, UH, AFFECTED, UH, EXCEPT DETRIMENT BELIEVE.
ANYTHING ELSE? WELL, GETTING BACK TO THE ROAD.
I THINK THAT'S WHAT WE'RE GONNA TALK ABOUT NOW.
DOES ANYBODY, EVERYBODY UNDERSTAND, UH, WHAT WE'RE GETTING READY TO GET INTO? IT'S VERY, VERY CLOSE.
IF YOU'VE BEEN UP THERE AND YOU'VE SEEN IT, GO AHEAD.
WELL, I GUESS ONE OF THE MAJOR CONCERNS, IF THERE'S NOTHING GOING TO BE DONE THERE FOR A WHILE, THAT I THINK ANY STORM OR HIGH TIDE THAT MIGHT ENCROACH THE AREA, I CAN SEE THAT MCCADA, THAT TAR AND CHIP ROAD JUST CONTINUE TO ERODE INTO OUR JURISDICTION, SLUMPING INTO OUR JURISDICTION AND GOING OUT TO THE BAY.
SO FOR LACK OF BETTER, UH, NOT NAMING, I THINK MAYBE WE SHOULD HAVE LIKE A MAINTENANCE MONITORING PLAN TO SORT OF LIKE WHEN THE MATERIAL GOES INTO THE TIDAL AREA THAT'S REMOVED, I'M NOT SURE WHAT THE BEST WAY TO HANDLE THIS.
I WOULD LIKE TO HEAR WHAT MEMBERS OF THE BOARD WOULD SAY ABOUT THIS.
UH, IF YOU HAVE BEEN THERE, UH, FROM THE BEGINNING OF THIS PROJECT, UH, AND WATCHED IT, YOU CAN SEE THAT IT IS APPROACHING AND SOMETHING NEEDS TO HAPPEN.
UM, I THINK RESTORATION AND MONITORING IS THE WAY TO GO.
UH, WE CAN DETERMINE WHO'S RESPONSIBLE AND WHO NEEDS TO DO THE MONITORING, PROGRAM MONITORING.
SO YOU GOT ANYTHING ELSE TO ADD ABOUT IT? WELL, I GUESS THE ONLY THING IS THAT WHATEVER PLAN WE COME UP WITH IN REGARDS TO MAKING SURE THAT ROAD DOESN'T SLUMP INTO THE TIDAL REGION.
I HAVE IT DONE SOONER THAN LATER.
I DON'T KNOW WHAT THE FUTURE PLANS ARE FOR THIS AREA.
IF THEY, IF THEY'RE GOING TO GO BACK TO AT LEAST MAYBE A REVETMENT.
I'M REALLY NOT SURE WHAT THE FUTURE HOLDS.
I DON'T KNOW IF WE SHOULD MAYBE CALL SOMEONE UP.
I DON'T KNOW WHO THE APPROPRIATE PERSON TO MAYBE ASK ABOUT THIS.
UH, PAUL, DO YOU HAVE ANYTHING TO, DO YOU HAVE ANYTHING TO OFFER ABOUT THIS PARTICULAR SUBJECT? UH, BEFORE WE CALL SOMEONE THAT MAY KNOW MORE THAN WE DO? UM, I, I GUESS I'D START OUT WITH THE, THE BOARD'S AUTHORITY TO, I MEAN, OBVIOUSLY WE'RE DEALING WITH THE VIOLATION HEARING FIRST.
[00:40:01]
I'M NOT SURE, WELL, I KNOW THE BOARD HASN'T MADE ANY DETERMINATION TAKING ANY VOTE ON THAT.UM, BEYOND THAT, I, I'M LOOKING, UH, THROUGH THE WETLANDS ORDINANCE RIGHT NOW TO SEE WHAT AUTHORITY OF THE BOARD WOULD HAVE BEYOND THAT AND, UM, CERTAINLY DEFER TO MR. BADGER AND, AND MS. GORMAN ON THAT.
IF, IF, IF THEY HAD ANY EXPERTISE ON THAT.
WELL, YOU'RE ABSOLUTELY RIGHT.
MAYBE WE NEED TO BACK UP AND ANYTHING ON THAT SIDE.
IT'S NOT IN OUR JURISDICTION WHEN IT ROSES TO THAT, IT'S NOT OUR FAULT
THAT'S, THAT'S GOD'S TAKING IT.
AND THEN WHATEVER IT GRABS AND TAKES IN, WHATEVER FALLS INTO IT IS, UH, ALRIGHT.
CAPTAIN CO AND, UH, MR. BADGER? NO, I, I THINK WE JUST NEED TO STICK WITH, UH, WHAT'S IN FRONT OF US TODAY, WHICH IS THE, UH, THE STONE HAS BEEN REMOVED.
IS IT IN COMPLIANCE NOW? WE CAN'T REALLY LOOK ABOUT WHAT'S HAPPENING SIX MONTHS FROM NOW.
YOU KNOW, WE'LL HAVE TO ADDRESS THAT WHEN IT HAPPENS.
SO, UH, DO WE HAVE A, UM, SITUATION THAT WE NEED TO HAVE A VOTE ON WHAT'S IN OUR JURISDICTION AS FAR AS WHAT'S BEEN MOVED AND SO FORTH? WELL, THE, THE ROCK HAS BEEN REMOVED.
UH, ANYTHING WE TELL 'EM TO DO TO, IF YOU TELL 'EM TO PLANT THAT BOTTOM OR ANYTHING EROSION'S GOING TO GET IT.
I MEAN IT'S, IT'S, IT'S LIKE YOU SAY, UH, UH, THERE'S NO GONNA BE A THREE, THREE YEAR PLAN OR TWO YEAR PLAN OR ONE YEAR PLAN.
IT'S GONNA REALLY, REALLY TOO, UH, BUT, UH, THEY, THEY REMOVED IT.
I, I MEAN THAT'S, THAT'S WHAT WE'RE SUPPOSED TO HAVE DONE.
I MEAN, I, I PERSONALLY WOULD LIKE WHEN THEY MADE A MISTAKE GOING BACK THE NEXT DAY AND PULLED IT OUT.
'CAUSE THEY WERE STILL AFTER THAT PROTECTION.
THEY WERE AFTER THAT PROTECTION STILL.
BUT, UH, YEAH, IF, IF YOU HAD CONTRACTORS OR YOUR, YOUR OWN EMPLOYEES THAT WENT THERE AND DONE IT AND YOU, AND YOU SELF-REPORTED, NEXT THING YOU SHOULD HAVE DONE, SAY, HEY GUYS, YOU GOTTA GET THAT OUT THERE.
YOU KNOW, AND I KNOW YOU WANT THE PROTECTION.
BUT IT'S, IT'S THERE ILLEGALLY.
UH, SO THAT, THAT THAT'S WHAT SHOULD HAVE BEEN DONE.
UM, AND LIKE YOU SAY, UH, IT'S GONNA BE CONTINUED EROSION.
THERE, THERE'S NOT GOING BE, UH, ANYTHING YOU WANT TELL 'EM TO RESTORE.
WE GOT A, WE'VE GOT MOUNT EROSION IS IS GONNA BE MOVED.
AND WHAT ARE WE ASKING OURSELVES? I THINK THEY'VE DONE WHAT THEY, WHAT WHAT THEY COULD DONE IS REMOVE THE CONCRETE THAT WAS THERE ILLEGALLY.
I THINK THEY'VE DONE WHAT WE'VE ASKED AND THEY RESTORED IT.
THAT WAS, THAT'S WHAT WAS THERE ILLEGALLY.
AND, UH, THEY'RE GONNA HAVE TO COME UP.
THEY, THEY'RE GONNA HAVE TO COME UP WITH A PLAN TO PROTECT THAT ROAD AND STUFF.
THAT'S, THAT'S NOT, THAT'S NOT ON THE HIGH LAND SIDE.
TELL 'EM THAT, HEY, GOTTA PROTECT.
THAT'S SOMETHING THAT THEY WANT TO PROTECT THAT THAT ROAD THEY'RE GONNA HAVE TO COME UP WITH.
PLAN A PERMIT TO, TO UH, PARDON THAT SHORELINE.
IT APPEARS, IT APPEARS TO ME THAT THERE WASN'T ANY VEGETATIVE WETLANDS THAT WAS IN OUR JURISDICTION.
SO NOW WE'RE JUST DEALING WITH THE CONCRETE AND A LITTLE BIT OF NON VEGETATIVE WETLANDS THAT'S IN OUR JURISDICTION.
UH, I THINK THEY'RE IN COMPLIANCE WITH THE, UH, THE NUDGES TO COMPLY.
I MAKE A MOTION THAT, UM, TO THAT EFFECT, UH, THAT THEY ARE IN COMPLIANCE WITH THE NOTICE.
AND CALL FOR A SECOND ON THAT PARTICULAR MOTION.
COULD YOU REPEAT THE MOTION AGAIN PLEASE?
EVERYBODY UNDERSTAND THE MOTION? SECOND PLEASE.
SECOND I'LL, I'LL SECOND THE MOTION VOTE PLEASE.
WE UNANIMOUSLY AGREE WITH THAT.
THE, UH, OR WITHIN THE RIGHTS AND EVERYTHING HAS BEEN DONE.
THE, THE NEXT QUESTION WITH THIS, DO WE WANT TO DO A CIVIL CHARGE ON THIS BECAUSE OF IT? 'CAUSE THEY WERE OUT OF COMPLIANCE TO BEGIN WITH.
SO THAT'S THE NEXT PART OF THIS.
SO WHEN YOU SAY A CIVIL CHARGE, I MEAN I'M, I DON'T MEAN, UH, ANY SORT OF MISDEMEANOR.
WE'RE TALKING A FINE OR WHAT ARE WE TALKING ABOUT HERE? YES.
YOU CAN CONSIDER IT A FINE WHETHER OR NOT YOU WANT TO DO THAT.
SO IT DOES AND, AND I'VE GOT A QUESTION, PAUL.
WHEN YOU, WHEN WHEN YOU TOLD 'EM TO REMOVE IT, THAT'S WHEN THEY'RE REMOVED.
IS, IS THAT CORRECT? WHEN YOU TOLD EM THROUGH? UH, YES.
SO THAT, THAT, THIS IS WHY, THIS IS WHY I'M SAYING THE NO FINE REASONABLE TIME.
WHEN, WHEN IT WAS TOLD BY THE COUNTY TO REMOVE IT, THEY ACTED I CALLED.
THEY DIDN'T WAIT A YEAR AFTER THAT.
THEY DIDN'T WAIT BECAUSE, LIKE I SAID, 'CAUSE WE, WE DIDN'T TELL THEM TO REMOVE, BUT WHEN WE DID TELL 'EM TO REMOVE IT, THEY REMOVED IT.
[00:45:01]
BE PRECISE, I DON'T EVEN THINK I TOLD 'EM TO REMOVE IT.I JUST SAID, WE'RE GONNA HAVE A VIOLATION HEARING.
AND THEN THEY WERE REMOVED IT ABOUT MAYBE, UH, 10 TO 14 DAYS LATER.
TO THE BEST OF MY KNOWLEDGE OF MY BASED ON MY BUSINESS.
WHAT ELSE? YEAH, THAT'S, CAN YOU ASK FOR IT? YEAH, NO, I, I JUST NEEDED TO BRING IT UP.
I'M NOT SAYING THAT WE NEEDED TO DO IT, BUT IT NEEDED TO BE ADDRESSED.
THE FACT OF THE MATTER THAT THE, IT WAS WITHIN A REASONABLE TIMEFRAME THAT WE FINALLY MADE THE DECISION THAT IT HAD TO GO.
ARE WE, UH, OBLIGATED FOR A MOTION AND VOTE ON CIVIL? UM, AT THIS POINT IN TIME? I, I DON'T THINK THAT YOU HAVE TO SAY THAT YOU'RE NOT GONNA DO IT.
I THINK YOU JUST HAVE TO SAY THAT YOU'RE GONNA DO IT FORWARD.
I THINK THAT, UH, I THINK THEY DID THEIR JOB, UH, SHOULDN'T PUT IT THERE IN THE FIRST PLACE.
THEY CLEANED IT UP, LOOKS GOOD.
PARTICULARLY WITHIN OUR JURISDICTION, BUT, UH, JUST WORK HERE.
WE, WE IN THE PAST HAVE NOT MADE AN EFFORT TO DO CIVIL PENALTIES OR CIVIL CHARGES.
WHEN THE, UH, APPLICANT OR THE, UH, PERSON, THE DEFENDANT IN CERTAIN WAYS, UH, WAS WILLING TO, UH, DO A RESTORATION ON THEIR OWN, I AGREE WITH THAT.
YOU AGREE? ABSOLUTELY, GEORGE.
WE DON'T NEED TO VOTE ON IT, AS YOU SAID.
I THINK WE'RE DONE, MR. CHAIR.
ALRIGHT SIR, WE'RE GONNA MOVE ON.
LET THE RUN CLEAR FIRST PLEASE.
ALRIGHT SIR, LET'S CONTINUE WITH, UH, NEW BUSINESS.
UM, THE PROPOSAL OF INSTALLATION OF 125 FEET OF, UH, STONE.
STILL WITH, UH, 1500 SQUARE FEET OF FILL IN PLANTING BEHIND THE SILL.
UH, MR. ROBERT, PLEASE, I'M SORRY.
UH, FOR BASTARDIZING THIS, EXCUSE ME FOR MR. PRONOUNCING THIS, UH, JI RUG ROGERIO GOOD ENOUGH FOR THE GIRL I GO WITH.
UH, PLEASE PAUL, BRING US UP TO DATE.
UH, THE FIRST THING IS THAT I PUT A, I GUESS I CALL IT A BILL IN FRONT OF YOU TODAY.
IT'S A WELL-KNOWN SCAM THAT'S BEEN PLAGUING OUR BOARD OF ZONING APPEALS.
THIS IS THE FIRST TIME I'VE HAD IT POP UP AT THE WETLANDS BOARD, BUT MR. RUGGIERO GOT A BILL FOR ALMOST $6,000 YESTERDAY FROM A SCAM ARTIST.
UM, I'M GONNA START BLACKING OUT THE EMAIL AND TELEPHONE, UH, NUMBER OF THE APPLICANTS IN THE JT A THAT I POSTED THAT I POST.
SO THIS IS, JUST TO CLARIFY, THIS IS A SCAM.
OH MY GOD, IT LOOKED VERY WEIRD.
MR. WARD WAS QUITE UPSET WHEN HE CALLED ME
SO THIS IS A SITE ON SAXES THAT FACES, UH, I THINK NORTH TO NORTHWEST.
UM, SOME MARSH OUT IN THE DISTANCE, BUT, BUT A LOT OF WATER IN FRONT OF IT.
AND IT'S, UM, EXPERIENCED SOME, UH, A LOT OF EROSION OVER THE LAST FEW YEARS.
SO THE PROPOSAL IS 125 FOOT STONE SILL, UM, WITH 1500 SQUARE FEET OF FILL BEHIND IT WITH PLANTINGS.
AND, UH, I THINK PROBABLY THE MAIN ISSUE TODAY IS WE HAVE A PROPOSAL AND WE ALSO HAVE SOME VIMS COMMENTS.
UH, A COUPLE OF VERY SPECIFIC CHANGES THAT VIMS IS RECOMMENDING.
UH, THE FIRST IS THAT THE SILL GAP BE WIDENED TO 10 TO 20 FEET.
UH, NORMALLY THEY WANT A FIVE FOOT, EVERY A HUNDRED FOOT OF, UH, SILL THAT'S 125 FOOT SILL.
BIMS IS FINE WITH COMBINING THAT FIVE FEET AND EITHER 10 OR 20 IN THE MIDDLE, NOT HAVING TWO SEPARATE FIVE FOOT GAPS.
AND THEN THAT THE, UH, FILL BEHIND IT BE GRADED TO MEAN LOW, UH, AS OPPOSED TO THREE INCHES BELOW MEAN HIGH, UH, TO FACILITATE THE PLANTINGS, UH, GROWING BEHIND THE SILL AND ALSO HAVE AN INCLINE GRADE.
UM, THE BOARD SPECIFICALLY HAS JURISDICTION OVER THE FILL.
UM, THE SILL IS RIGHT OUTSIDE OF A A MEAN LOW.
SO HERE'S A OVERVIEW OF THE SITE.
[00:50:01]
A SPOIL SITE RIGHT TO THE NORTH.AND THERE'S ALSO A BIG PIPE COMING OUT RIGHT HERE, UH, I GUESS DRAINAGE FROM THAT SPOIL SITE HERE.
YOU CAN SEE KIND OF A HALF MOON, UH, SHORELINE IN FRONT OF THIS HOUSE.
AND HERE ARE PICTURES OF, I GUESS THIS IS, UH, GOING, UH, ROUGHLY WEST TO EAST THIS, SO THIS WOULD BE THE WEST, THIS IS, I'M SORRY, WEST MIDDLE AND EAST PART OF THE BEACH THERE.
AND YOU CAN SEE THERE'S AN EXISTING CONCRETE, UH, SILL THAT HAS BEEN THERE FOR QUITE SOME TIME.
AND UNDER BAD REPAIR, THIS IS OBVIOUSLY A VERY LOW TIDE.
UM, SO THAT'S THE ENTIRETY OF THE PRO.
YOU CAN SEE THE ENTIRETY OF THE BEACH, THE ENTIRETY OF WHERE THE PROJECT'S GONNA GO.
AND HERE ARE DRAWINGS SHOWING EXISTING CONDITIONS.
UM, YOU CAN SEE THE MEAN LOW WATER WITH THE EXISTING, UH, STRUCTURE BEING ON THE OTHER SIDE OF MEAN LOW WATER.
AND, UM, THAT ENTIRE AREA OF BLUE, WHICH IS OBVIOUSLY WATER WHERE PHIL'S GOING TO GO.
AND YOU CAN SEE THE PROXIMITY OF THE DWELLING THERE.
IT'S GETTING PRETTY CLOSE TO WHERE THE EROSION IS REACHING UP ON THE, UH, SHORELINE.
AND HERE IS THE PLAN AS PROPOSED SHOWING THE FIVE FOOT GAP AND THE, UH, 1500 SQUARE FEET OF FILL.
AND HERE ARE SOME SIDE VIEWS JUST SHOWING THE ELEVATION AND THE MARSH THAT IS TO, UH, THE LEFT AND THE RIGHT OF THE PROJECT.
AND FINALLY A DETAIL ON THE FILL, WHICH HERE, IT SHOWS IT MORE OF A, I GUESS, LEVEL.
UM, OBVIOUSLY THE, A SUGGESTION FROM VINS IS THERE BE A INCLINE THERE AS OPPOSED TO A LEVEL GRADE.
AND THAT IS IT FOR THE DRAWINGS.
UM, UM, I ALSO PROVIDED THE LETTER FROM THEMS, UH, GIVEN A LITTLE MORE DETAIL THAN WHAT I'VE ALREADY PROVIDED AS TO THE RECOMMENDATIONS.
AND, UH, THAT'S ALL I HAVE TO PRESENT.
ANY QUESTIONS FOR PAUL ON THIS PARTICULAR SUBJECT BEFORE WE MOVE AHEAD WITH SOMEONE THAT'S GOING TO REPRESENT HIM? OKAY, THANK YOU.
IS THERE ANYONE PRESENT THAT'S GOING TO REPRESENT THE APPLICANT? PLEASE COME FORWARD.
WHAT'S WRONG? OH, I WAS JUST TELLING ME THAT, THAT, THAT THE CLICKER WAS THERE IF YOU WANT TO.
MAY I SWEAR YOU IN? CERTAINLY AFFIRM OR SWEAR YOU TELL THE TRUTH.
WHOLE TRUTH, NOTHING BUT THE TRUTH IN ALL MATTERS BEFORE THIS BOARD.
BEFORE WE BEGIN, I JUST WANNA SAY THAT I HAD A DISCUSSION WITH THE OWNER YESTERDAY, WHICH WAS PROMPTED BY HIS $6,000 INVOICE THAT HE RECEIVED.
HOWEVER, UM, HE DID GIVE ME DIRECT INSTRUCTION TO THANK THE BOARD FOR THEIR TIME AND TO OFFER WHATEVER IT IS THAT THAT VIMS OR THE BOARD SUGGESTS.
HE, THE ONLY THING HE CARES ABOUT RIGHT NOW IS ANYTHING HE CAN DO TO GET THAT, THAT HOME PROTECTED.
HE'S, HE'S WATCHING IT WASHED AWAY.
IT'S GETTING CLOSER AND CLOSER TO HIS HOUSE WITH EVERY STORM.
AND WE ARE, AS I TOLD PAUL YESTERDAY, AND PAUL WAS KIND OF SURPRISED, WE'RE, WE'RE IN IT FOR WHATEVER, WHATEVER WE CAN GET TO PROTECT HIS PROPERTY AND WE'LL REDESIGN IT, YOU KNOW, WE'LL, WE'LL TAKE A CONDITIONAL APPROVAL BASED ON WHATEVER WE NEED TO DO, UM, TO MAKE THIS WORK.
SO, UM, THE PLAN, UH, I I KNOW THAT MR. UH, RUGGIERO, UM, HAS, UH, HE HAD SUBMITTED SOMETHING YEARS AGO, UM, PERHAPS EXPENSE OR WHATEVER, YOU KNOW, WHATEVER LIFE CIRCUMSTANCES CAUSED, BUT NOT FOLLOWED THROUGH WITH THAT.
HE CAME BACK, IT'S BEEN OVER A YEAR AGO, UM, THAT WE, UH, BEGAN DISCUSSIONS WITH HIM.
I BELIEVE I SUBMITTED THE, THE INITIAL JPA FOR THIS SOMETIME, UM, ABOUT A YEAR AGO, MAYBE 10 MONTHS AGO.
UM, THERE'S BEEN A LOT OF TALK BACK AND FORTH ABOUT DIFFERENT DESIGNS AND DIFFERENT THINGS.
THE THE CONTRACTOR AND THE OWNER HAD A VISION FROM THE VERY BEGINNING THAT, UM, THEY WANT TO RESTORE THAT OFFSHORE BREAKWATER THAT'S OUT THERE THAT SEAL THAT CONCRETE STRUCTURE THAT'S OFFSHORE.
THEY WANTED TO RESTORE THAT TO MAC AS A BREAKWATER AND THEN TO BACKFILL BASED ON ELEVATION SHOTS FROM THE EXISTING VEGETATION SO THEY COULD GET THE SAME ELEVATIONS WHERE THE SUCCESSFUL MARSHES GROWING ON THE PROPERTY ADJACENT TO THE PROP PROPERTY, THE PROJECT SITE, UM, SHOOT THOSE SAME GRADES, BACKFILL IT TO THOSE ELEVATIONS AND PLANT IT WITH THE SAME SPECIES OF PLANTS THAT ARE THRIVING ON THE WESTERLY AND OF THE PROJECT SITE OR OF THE PROPERTY.
UM, SO THAT WAS THE IDEA ALL ALONG.
AND, AND IN ALL HONESTY, I I WILL SUBMIT TO
[00:55:01]
THE BOARD THAT THE MAJORITY OF THE REASON FOR THE DELAYS MAY BE MY INABILITY TO DRAW IT AS SIMPLY AS I'M STATING IT TO YOU.UM, YOU KNOW, WE WENT THROUGH A LOT OF REVISIONS OF THE DRAWINGS AND DIFFERENT THINGS AND IN ALL HONESTY, UM, YOU KNOW, WAS TRYING TO SHOW SOMETHING VERY SIMPLE AND I THINK IT, IT BECAME TOO COMPLICATED IN THE, IN THE PROCESS.
SO, UM, IT'S A VERY SIMPLE PROPOSAL.
THE, THE WIDTH OF THE, UH, OF THE SADDLE OR THE BREAK IN THE, IN THE MIDDLE OF THE, UH, OF, OF THE RESENTMENT OR BREAKWATER SEAL, WHATEVER WE'RE GONNA CALL IT, UM, ANY, ANYWHERE THEY WANT IT, HOWEVER WIDE THEY WANT IT.
UM, MY INITIAL CONCERN WAS DIRECT WAVE ACTION COMING DIRECTLY AT THAT THING AND HAVING A FIVE FOOT WIDE OR A 10 FOOT WIDE GAP WITHOUT AN OVERLAPPING WOULD CAUSE WAVE ACTION TO COME STRAIGHT THROUGH THAT CAUSE A DITCH.
AND THEN YOU END UP WITH A, WITH A MARSH DRAIN, WHERE UNTIL WE GET THE, UH, SEEDLINGS ESTABLISHED, WE COULD END UP WITH A DITCH RIGHT IN THE MIDDLE OF IT WHERE THE WATER COMES OVER, FINDS ITS PATH OF LEAST RESISTANCE, WASHES IT OUT.
UM, BUT IF, IF THAT'S THE DESIGN THAT WORKS FOR VIMS, THAT'S THE DESIGN THAT, THAT WE'LL PROCEED WITH.
SO, UM, I'M, I'M SURE, UH, I'M SURE MERCY ON WHAT, WHAT THE BOARD AND VIMS AND VM RC THINKS WE NEED.
BEFORE WE MOVE ALONG, DON'T, DON'T LEAVE.
UM, I'VE BEEN ON SAXES MY ENTIRE LIFE, UM, AND WHERE THEY ARE IS, UM, PRETTY CLOSE TO THE WORST SPOT YOU COULD BE IN.
UH, AND I'M GLAD TO SEE YOU UP HERE SAYING THAT YOU'LL DO WHATEVER IT TAKES.
UM, IT HAS BEEN ERODING THERE, UM, WELL, MY ENTIRE LIFE.
UH, ANYWAY, I'D LOVE, EVERYONE HAS BEEN THERE.
UM, I'M, UH, HANK YOU'RE BAYSIDE, BUT, UH, SOUTH, UH, YOU HAVE ANY THOUGHTS, QUESTIONS? NOT AT THIS, NOT AT THIS POINT, NO.
ANYONE ELSE? YEAH, I, I'VE OWNED SEVERAL PROPERTIES RIGHT ON THAT, ON THAT SAME AREA.
AND I SAID WE, I WROTE DOWN, THE FIRST THING I WROTE DOWN WAS THE OWNER WILLING TO DO THEM RECOMMENDATIONS.
BUT I ALSO GET WHAT YOU'RE SAYING, THAT THAT IS A FOUR FOOT A YEAR COMING TO GET YOU.
THAT'S, AND THAT'S COMING TO GET YOU AND YOU'RE LOSING FOR, FOR THE YEAR.
AND THAT'S, THAT'S WHAT'S COMING AT YOU.
UH, I, YOU KNOW, IT MIGHT BE THE, THE, THE LOWER IS GONNA PROTECT IT MORE.
THAT 20 FOOT GAP IS A BIG GAP.
YOU'VE SEEN THE STORMS I'VE SEEN YOU HAVE ALSO, UH, SOMETHING'S GOTTA BE DONE AND, AND QUICKLY.
IS THIS A CERTAIN UNUSUAL, I'M LOOKING AT THE SHORELINE, THIS, THIS SORT OF THE ONLY AREA THAT HAS THIS LITTLE ABATEMENT.
IS THIS A NATURAL ABATEMENT OR WAS IT IN THE PAST? WAS IT DESIGNED TO BE THAT WAY OR NO? NO, IT WAS, IT'S JUST THE NATURE AND THIS IS HOW NATURE DESIGNED IT BASICALLY.
WELL, IT, IT ACTUALLY MAN, MAN DESIGNED THE, THE, THE SILL OFFSHORE, THE CONCRETE STRUCTURE THAT'S OFFSHORE.
AND WHEN THAT FAILED, IT LOOKS LIKE IT FAILED IN THE MIDDLE.
AND I THINK THAT THE GENERAL FAILURE OF IT IN THE MIDDLE LED TO THAT HORSESHOE SHAPE AND EMBANKMENT BEHIND IT.
I DON'T, I DON'T THE GOOD LORD DID THAT.
AND IT WAS LONG BEFORE THAT WAS PUT OUT THERE.
SO, AND, AND PROBABLY THAT WAS PUT THERE TO PROTECT IT.
UH, YOU KNOW, FROM THE SAME EXACT THING THAT MIGHT'VE HAPPENED.
I'VE BEEN GOING SINCE THE FIFTIES AND WOW.
UH, THAT, THAT YOU WOULDN'T BELIEVE THERE WERE OTHER PLACES ON THE BAYSIDE? ABSOLUTELY.
BUT, UH, THAT DIDN'T CAUSE THE ISSUE, MY FRIEND.
ALRIGHT, ANY OTHER QUESTIONS FOR MR. WARD? MR. WARD
OH, UH, CLAIRE, WOULD YOU APPROACH PLEASE AND, UH, TELL US ANYTHING THAT WE MAY NOT KNOW AT THIS PARTICULAR? NO, I THINK YOU, I THINK YOU HAVE EVERYTHING.
UM, JUST AS A REMINDER, THE SILL ITSELF IS WITHIN VM C'S JURISDICTION THAT IS OUTSIDE OF YOUR PURVIEW.
WELL, IT'S WORTH, YOU KNOW, THE DISCUSSION IN RELATION TO THE FILL, IT'S IMPORTANT.
BUT, UM, WE WILL BE ISSUING ACE AQUEOUS PERMIT FOR THE SILL AND ANY FILL CHANNEL WORD OF MEAN LOW WATER, MA'AM, AS WE EXPECTED.
ARE YOU PLANNING ON CHANGING THE DESIGN FOR YOUR PERMIT AT THIS POINT? I'M NOT SURE.
I WOULD LIKE SOME CLARIFICATION ABOUT THE SILL GAP TOO.
UM, SO I CAN'T REALLY SPEAK TO THAT RIGHT NOW.
BUT WHETHER OR NOT WE'LL REQUIRE IT TO BE UP TO 20 FEET WIDE, I'M NOT SURE.
AND I, I GUESS THE, IF THERE'S A GAP THERE, UH, IT'S GONNA FUNNEL THROUGH AND FUNNEL OUT OF THERE.
UH, SO OFTEN YOU'LL SEE A BACK, UM, SMALL STONE REBUT OF SOME SORT OH, LIKE A TRYPS CELL? YEAH.
AND SOMETIMES I'M STARTING TO SEE SOME PEOPLE WANTING TO DO IT IN THE FRONT.
[01:00:01]
IN THE BACK AND WE VOTE ON IT THE WAY IT IS TODAY AND YOU REQUIRE SOME TYPE OF, UH, STONE IN THE BACK, IT'S GOTTA COME BACK IN FRONT OF US.'CAUSE IT'LL BE IN OUR JURISDICTION.
THAT WOULD CHANGE THE IMPACTS AND IT WOULD NEED A NEW HEARING SO YOU COULD REVISE YOUR PERMIT, BUT IT WOULD, IT WOULD NEED A NEW HEARING IF THAT WAS THE CASE.
UM, WE'VE ALSO SEEN GAPS, UH, ESPECIALLY WITH LARGER FETCHES LIKE THIS, HAVE MORE OF LIKE A, A SADDLE DESIGN WHERE THERE IS SOME STONE AT MEAN LOW WATER ELEVATIONS TO PREVENT THE SAND FROM FLUSHING OUT.
THAT'S WHAT, THAT'S AN OPTION.
WORRIED ABOUT HERE OPTION TOO.
I WOULD'VE TO COME BACK IN FRONT OF THE BOARD IF ANYTHING WITHIN YOUR JURISDICTION CHANGES.
SO COULD WE REQUIRE, UM, SOME TYPE OF A SMALL REVETMENT BEHIND IT, STONE REVETMENT IN OUR JURISDICTION? UM, TO GET IN FRONT OF THAT, I THINK THAT YOU, I MEAN, YOU CAN MAKE A RECOMMENDATION WHETHER OR NOT YOU CAN REQUIRE ADDITIONAL IMPACTS.
I'M NOT SURE IF THAT'S, BUT UM, BUT YOU CAN RECOMMEND THAT AS AN, WE CAN RECOMMEND ANYTHING WE WANT.
WE'RE GONNA HAVE TO VOTE ON YEAH.
AND THEN IT'S UP TO SOMEONE ELSE TO SAY WE WANT TO COME BACK.
UM, SO I THINK IF YOU, IF YOU MAKE A RECOMMENDATION TO IF IT, SINCE IT'S IN RELATION TO THE FILL, I, I, I DON'T HAVE, I DON'T HAVE ANY SPECIFIC COMMENTS ABOUT THAT, BUT THAT WOULD BE OKAY.
DOES EVERYONE AGREE WITH WHAT I SAID? I JUST WANNA CLARIFY IS THAT THE FACT THAT THIS BACK, THIS BACKS SALE IS GOING TO BE WITHIN OUR JURISDICTION, CORRECT? YES.
AND THAT WE'RE, WE'RE SORT OF TRYING TO
IS THAT, I'M NOT SURE HOW THAT, AND THAT MEANS YOU OH, GO AHEAD.
SO JUST TO BE CLEAR, IF YOU REQUIRE OR RECOMMEND THAT THEY INCLUDE THAT, UM, THAT YOU CAN ISSUE A PERMIT FOR THAT, BUT IT, THEY DON'T NECESSARILY HAVE TO CONSTRUCT IT 'CAUSE IT'S A SMALLER FOOTPRINT THAN, UM, THAN WHAT IS CURRENTLY ON THE TABLE.
SO THAT, I'M NOT SURE IF THAT HELPED AT ALL, BUT, UM, SOMETHING TO KEEP IN MIND.
SAYING I GET, I GET A LITTLE CONFUSED WHEN REQUIRED AND RECOMMEND.
I'M NOT SURE THAT IT'S A, A BAD IDEA.
I'M JUST NOT SURE HOW ENFORCEABLE IT'S YEAH, WE'LL JUST LEAVE IT ALONE.
UNLESS YOU SEE SOMETHING IN THAT BIBLE, YOU NEED TO PASS.
AND WE CAN'T REQUIRE NO, NO, YOU CANNOT.
AND WE, AND WE SHOULDN'T BE DESIGNING PROJECTS FOR PEOPLE.
ANYTHING ELSE? DON'T LEAVE US.
BUT ANYTHING ELSE FOR MS. GORMAN? ALRIGHT.
SO YOU SEE WHERE WE ARE? UH, WE CAN SUGGEST ANYTHING WE WANT.
WE'VE GOT A MOTION AND A SECOND AND A VOTE ON WHAT WE SEE HERE.
EVERYBODY UNDERSTAND THAT, RIGHT? MM-HMM.
I GUESS, MR. CHAIR, WHAT I'M, I, I'D LIKE TO SEE THIS AS, AS MR. WARD, UH, MEANT.
CHUCK WARD MENTIONED
I DON'T KNOW IF WE'RE GONNA HAVE SOME BACK AND FORTH.
SO WHATEVER WE CAN DO TO OPTIMIZE THIS SO THAT IT GETS DONE.
I'M, UH, I'M NOT QUITE SURE THE BEST WAY OF DOING THIS.
AGAIN, I GUESS WE CAN JUST APPROVE THE PERMIT AND THEN SOMETHING ELSE NEEDS TO BE DONE LATER.
WE CAN DO SOMETHING THAT, THAT, THAT, THAT IS TO, UH, IT WOULD BE THE YOUNG MR. WARD, IF YOU'RE STILL EMPLOYED THANK YOU.
OR, UH, SOMEONE ELSE THAT COMES IN WHEN, WHEN HE HAS AN ISSUE.
BUT RIGHT NOW IT'S IN FRONT OF US AND IT NEEDS TO BE YES, SIR.
I WOULD JUST SAY THERE, THERE'S A SECOND VIMS, UH, RECOMMENDATION AND THAT IS THE GRADING OF THE, OF THE FILL.
DIDN'T KNOW IF THE BOARD, I JUST WANTED MAKE SURE THE BOARD WAS GONNA TAKE UP DISCUSSION ON THAT TOO.
WELL, YOU KNOW, THAT'S THE STRANGE THING ABOUT WHAT THE VIMS IS RECOMMENDING IS BASICALLY KEEPING IT THE WAY IT IS.
'CAUSE IF YOU'RE STARTING AT MEAN LOW WORK AND GRADING TO MEAN HIGH, THAT'S WHAT YOU GOT NOW.
SO THAT DOESN'T SOLVE ANY PROBLEM.
AND YEAH, I MEAN, YOU'VE GOT LOW WATER RIGHT THERE AND YOU'RE GONNA GO TO THE HIGH WATERMARK.
MAYBE THERE'D BE A LITTLE BIT OF FILL IF THEY DID IT THAT WAY, BUT NOT MUCH.
YEAH, I UNDERSTAND WHAT YOU'RE SAYING, BUT, UH, YOU COME MR. WARD YOUNG, MR. WARD.
IF, IF, IF I MAY, I CAN EXPRESS WHY I THINK THE, THE ISSUE IS RAISING THE GRADE A LITTLE BIT.
UM, BECAUSE THERE, THERE WAS, THE OWNER WANTS TO ESTABLISH A BREAK ORDER, SOME THAT THE EXISTING BREAK ORDER THAT'S THERE AT, AT, AT HIGH TIDE IN A STORM IS IT'S NOT BREAKING ANY WAVES.
SO WE'RE LOOKING AT RAISING THAT ELEVATION SOMEWHAT BECAUSE WE HAVE TO
[01:05:01]
RAISE IT IN ORDER TO, TO GET THE BREAK ORDER THERE.SO, UM, IF WE JUST DID A BREAK ORDER THERE, THAT WOULD ACTUALLY OVER TIME DO EXACTLY WHAT WE'RE TALKING ABOUT.
IF WE COULD STOP THE WA IF WE COULD GET THE WAVES TO BREAK THERE, THE SEDIMENT WOULD GET DEPOSITED WHEN THE WAVE ACTION SLOWS DOWN ON THE BACKSIDE OF IT, IT WOULD JUST TAKE SEVERAL YEARS FOR THAT TO HELP BUILD BACK UP AS OPPOSED TO PUTTING SAND BACK THERE AND PLANTING, UM, PLANTING GRASSES IN IT IMMEDIATELY TO HELP STABILIZE IT MORE QUICKLY.
THE OTHER, THE OTHER QUESTION THAT I HAVE IS, UM, REGARDING THE, UH, THE SILL BEHIND OR THE WIDTH OF THE SADDLE.
I, I, I'M, I'M GONNA QUESTION THE, THE, THE IDEA OF WHEN VIMS ASKED FOR THIS WIDER BREAK IN, IN THE, UH, IN, IN THIS SILL.
I MEAN, FROM A BIOLOGICAL PERSPECTIVE, I DON'T UNDERSTAND THAT THE PURPOSE OF IT, WE DON'T NEED TO TALK ABOUT IT, I GUESS, BUT THE, THE MAKING A SILL WHERE IT'S WETLANDS BEHIND IT VEGETATED WETLANDS.
I, I'M JUST TRYING TO FIGURE OUT THE, WHY IS THERE A BENEFIT TO HAVING A WIDER SILL? ALL THAT'S DOING IS ALLOWING MORE WATER TO PASS THROUGH AND MORE WATER TO PASS OUT.
IF IT WERE A BREAK WATER WHERE IT WAS DEEP WATER BEHIND IT AND, AND, YOU KNOW, FISH AND AQUATIC LIFE COULD SWIM IN BEHIND IT, SO THE WIDTH OF THE SILL WILL DO WHATEVER.
BUT I, I DON'T UNDERSTAND THE VALUE OF WIDENING THAT SILL, THAT WIDENING THE BREAK IN THE SILL AT ALL.
UH, ANY COMMENTS, QUESTIONS? I WOULD SAY JUST ANOTHER THING I, UM, THAT STRIKES ME AS THERE WE, THE DRAWING SHOWS, UH, I BELIEVE A LEVEL, NO LEVEL FILL, AT THE VERY LEAST, WE NEED AN INCLINE, UM, THERE.
UH, AND OBVIOUSLY THE GAP, WELL, I MM-HMM
EVERYBODY UNDERSTAND? UH, WE LEAVE, IT'S OUT OF OUR HANDS.
WE'VE GOT TO, UM, MAKE A MOTION, UH, ON, ON EXACTLY WHAT'S IN FRONT OF US, AND THE REST IS OUT OF OUR HANDS.
EVERYBODY AGREE AND UNDERSTAND.
ANY COMMENTS, QUESTIONS? UM, I'M GOING TO, UH, I'M A BAY SIDER, BUT, UH, I DON'T THINK I'M THE POSITION TO MAKE A MOTION, SO I'M GONNA LEAVE IT TO THE ONLY OTHER BASE SIDER TO MY LEFT, MR. BADGER.
MR. BADGER, BEFORE YOU START, SIR, I, I JUST WANT TO CLARIFY.
IN TERMS OF THE SIZE OF THE GAP RIGHT NOW, IT'S, WE'RE GONNA VOTE, APPROVE A FIVE FOOT GAP, OR THAT'S OUTSIDE OUR JURISDICTION? THAT'S CORRECT.
I DON'T, THAT'S PRETTY MUCH IT.
I DON'T THINK YOU HAVE ANYTHING TO SAY ABOUT THAT.
DO YOU AGREE WITH THAT, HANK? YES.
SO THE MOTION IS REGARDING THE FILL.
AND SO THE REALLY WHAT I THINK WE'RE DEALING WITH HERE IS DO WE GO WITH, UH, FILLING IT TO THE HIGH WATERMARK ALL THE WAY TO THIS, TO OUR JURISDICTION? OR DO WE GRADE IT FROM MEAN LOW WATER TO MEAN HIGH WATER? UH, AS BIMS HAS REQUESTED OR ASKED FOR, UM, IT'S GONNA FIND ITS OWN EQUILIBRIUM ANYWAY.
I HAVE A FEELING THAT'S RIGHT.
UM, NO MATTER WHAT'S PUT THERE, IT'S GONNA FIND ITS OWN WAY.
SO, UM, UH, WE WANT TO DO WHAT'S BEST FOR OUR AREA AND, UH, IT MAY BE HIGH OR LOW MM-HMM
BUT, UH, I LEAVE IT TO MY PEERS.
UM, UH, I RECOMMEND THAT WE, UH, APPROVED THE PROJECT, UH, AS PROPOSED WITH THE MODIFICATION OF THE FILL, UH, GRADING FROM MEAN LOW WATER TO MEAN HIGH WATER, NOT A, A DIRECT FILL FROM HIGH WATER ALL THE WAY TO THE SILL, AS AS IS ON THE DRAWING.
DO WE UNDERSTAND THE MOTION? YES.
EVERYONE UNDERSTAND THE MOTION? JUST TO CLARIFY, IT SAYS THAT THE ORIGINAL TO BE FILLED TO ELEVATION THREE INCHES BELOW MEAN MEAN HIGH WATER.
SO YOU'RE, YOU'RE TAKING IT ALL THE WAY TO MAIN HIGH WATER.
JUST SO THAT'S THE VER THAT'S THE CHANGE IN THE DRAWING THEN.
AND THEY CAN DO WITHIN REASON WHAT YOU WANT TO DO, BECAUSE IT'S ALL GONNA SEEK ITS OWN LEVEL ANYWAY.
WE'RE IN THE MIDDLE OF THIS, BUT HURRY UP.
I JUST, JUST TO CLAR, JUST, I WANNA MAKE SURE THAT IT'S UNDERSTOOD THAT WE'RE DEALING WITH, YOU KNOW, CLASS TWO AND THREE STONES ON THIS.
WE'RE DEALING WITH IT, YOU KNOW, WE, WE, EVERYTHING'S PLUS AND MINUS ON HERE.
THE CONTRACTORS DO THEIR BEST TO, YOU KNOW, HIT THAT MARK.
[01:10:01]
DON'T STRIKE A STRAIGHT LINE.SO YOU'VE BEEN THROUGH, I'M SURE I KNOW YOU KNOW THAT THING.
AND THAT'S, AND THAT'S OUTSIDE OF OUR JURISDICTION ANYWAY.
AND THAT'S OUTSIDE OF OUR JURISDICTION TO STONE.
DO WE NEED IT REPEATED? OH, AND OF COURSE, WITH SPRINGING TOO APPROPRIATE SPRINGING IN THIS AREA.
EVERYBODY UNDERSTAND WITH THE MOTION? MAY I GET A SECOND? I'LL, I'LL SECOND.
WE HAVE A MOTION TO SECOND, UH, CALL FOR A VOTE, PLEASE.
ALRIGHT, IF WE MAY MOVE ON, IF WE GO, UM, WE HAVE A VIOLATION.
ON AUGUST 12TH OF, UH, CLAIRE GORMAN AND I AND SHERRY, UM, I FORGOT HER LAST NAME.
MILLER, THE, THE NASA ENVIRONMENTAL SPECIALIST, UH, MADE A SITE VISIT ON WALLOPS ISLAND FOR A SEPARATE PROJECT AND OBSERVED, UH, DUMPING OF MUD ONTO WETLANDS.
UH, THE SLEUTH GUT, UH, DREDGING PROJECT.
UH, THIS IS OBVIOUSLY, YOU CAN SEE, UH, THE HOPPER WITH THE MUD IN IT.
UH, YOU SEE THE EXCAVATOR WITH THE, UH, IT'S GOT A BUCKET ON IT.
AND SO IT WOULD SCOOP MUD OUT OF THE HOPPER, SWING THE BUCKET AROUND OVER THE MARSH, AND CERTAINLY APPEARS THAT THE MUD IS SLOPPING OUT OF THE BUCKET ONTO THE MARSH.
THERE WAS A THICK LAYER OF MUD ON THE MARSH, ON THE, AND PROBABLY SOME UNVEGETATED WETLANDS, BUT CERTAINLY A LOT OF VEGETATED WETLANDS THERE.
UH, THIS IS A PICTURE, UH, I BELIEVE AUGUST 17, UM, WAS FORWARDED TO ME THIS MORNING.
UM, OBVIOUSLY A LOT OF THE MUD'S BEEN TAKEN AWAY, BUT YOU CAN SEE THERE'S SOME DAMAGE TO THE WETLANDS THERE.
SO THE SITUATION IS, IS THIS IS A PROJECT THAT WENT THROUGH THE VIRGINIA PORT AUTHORITY, UM, AS PERMITTED, UH, SALMONS.
UM, YOU SEE THE NAME ON THE TRUCK THERE? THEY'RE IN CHARGE, OR THEY, THEY WERE HIRED TO DO THE DREDGING.
UH, THEY'RE RESPONSIBLE FOR THIS.
UH, I BELIEVE THE NEXT DAY MIGHT'VE BEEN THAT DAY OR THE NEXT DAY.
THEY'VE BEEN SHUT DOWN SINCE THEN.
AND THE DREDGING PROJECT, UM, SALMONS, UH, HAD ALREADY EMPLOYED STANTEC TO HELP HELP THEM OUT WITH THIS.
UH, CHUCK RODE FROM STANTEC IS HERE.
UM, SO THEY ARE COMPLYING OR IN THE MIDST OF COMPLYING WITH, UH, NASA'S REQUIREMENTS TO RESTART, WHICH INCLUDES A, I GUESS, COMPREHENSIVE, UH, SITE PLAN, REPLANTING PLAN.
AND I WOULD LET MR. RODLEY, UH, TELL THE BOARD EXACTLY WHAT'S GOING ON FROM THERE.
IS THAT FOR YOU FOR THE MOMENT? IT IS.
UH, GENTLEMEN, IT'S, IT'S JUST LISTEN, PLEASE DON'T MIND.
SIR, WOULD YOU STATE YOUR NAME, TITLE FOR THE RECORD? CHUCK LEY.
CHUCK STANTEC 52 0 9 CENTER STREET, WILLIAMSBURG, VIRGINIA.
YOU FIRMLY SWEAR AND YOU TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH AND ALL MATTERS.
ALRIGHT, SIR, IF YOU WILL TAKE OFF, UH, YOU KNOW WHAT WE'RE ALL HERE FOR.
TELL US WHAT YOU'RE GOING TO DO AND WE'LL GO FROM THERE.
UM, SO JUST TO PUT A LITTLE BIT OF ICING ON WHAT PAUL INTRODUCED, UM, FOLLOWING THE MEETING ON THE 12TH WHERE THE VIOLATION WAS OBSERVED, SALMONS DID ATTEMPT TO REMOVE THE MAJORITY OF THE MATERIAL THAT HAD FALLEN IN THE WETLANDS.
UM, THE MAJORITY OF THE WETLANDS IMPACTED WITHIN YOUR JURISDICTION IS NON VEGETATED WITH A FRINGE UP THAT YOU'RE LOOKING AT RIGHT HERE.
IT KIND OF WRAPS AROUND AND WOULD NATURALLY COME INTO, UH, APPROXIMATELY THE, THE DOCK LOCATION.
UM, WE WERE LOOKING AT OPTIONS TO ALLOW THE DREDGER TO MAINTAIN HIS OPERATION AS HE WAS, BUT STILL PROTECT THE WETLANDS.
AND FROM AN, AN EFFICIENCY STANDPOINT, AS PAUL DESCRIBED IT, WHAT HE WOULD DO IS SCOOP MATERIAL OUT OF THE BARGE, SWING, THE
[01:15:01]
EXCAVATOR DEPOSIT IT IN THE TRUCK TO BE DISPOSED OF AT THE DISPOSABLE AREA.DURING THAT SWINGING PROCESS, MATERIAL WOULD FALL OUT OF THE BUCKET, WHICH IS WHAT YOU SAW IN THE PREVIOUS SLIDES.
IN CONSIDERATION OF THAT, WE LOOKED AT VARIOUS OPTIONS THAT IS RESULTED IN THE TWO WEEK DELAY BETWEEN THE 12TH AND WHERE WE ARE TODAY.
UH, I WAS OUT THERE ON THE 17TH ASSESSING THE AREA AFFECTED, UM, AND WAS ASKED BY MY CLIENT ROCKET LAB TO PREPARE A RESTORATION PLAN FOR THE AREA AFFECTED.
UM, IN TALKING WITH SHERRY AT NASA, UM, SHE HAS SOME CONCERNS WITH PLACING ANYTHING ELSE IN THE WETLANDS TO CREATE A TEMPORARY IMPACT TO ALLOW THAT CONTINUED OPERATION, THE CONTINUED SWING OF THE BUCKET.
UM, AND SO AN ALTERNATIVE PLAN WAS, UM, REVIEWED BY THE CONTRACTOR IN ROCKET LAB WHEREBY INSTEAD OF ARTICULATING THE ARM OUT OVER THE WETLAND, THEY BROUGHT, THEY BRING IT CLOSER TO THE EXCAVATOR AND SWING OVER THE EXISTING DOCK AND THEN DEPOSIT IT INTO THE TRUCKS.
UM, THAT APPEARS TO BE ACCEPTABLE TO SHERRY AT NASA, UM, WITH THE ADDITION OF SOME ADDITIONAL EROSION AND SEDIMENT CONTROL ALONG THE UPLAND WETLAND BOUNDARY TO PROTECT ANY FROM ANY, UH, SEDIMENTATION THAT MAY OCCUR FROM THE PARKING AREA, FROM ANY MUD THAT MAY BE SPILLED AS IT'S DUMPED INTO THE TRUCK.
UM, AND THEN WE ARE AT THE SAME TIME COMPLETING THE RESTORATION PLAN TO BE IMPLEMENTED FOLLOWING CONSTRUCTION.
UM, HAD QUITE A LONG CALL WITH SHERRY YESTERDAY GOING THROUGH VARIOUS ELEMENTS ASSOCIATED WITH THIS PLAN.
AND, UH, WE'RE CLEANING THOSE UP AND WE'LL BE SUBMITTING THOSE TO THE BOARD HOPEFULLY LATER TODAY.
UM, SO THAT EVERYBODY'S AWARE OF WHERE WE ARE AND WHAT THE PLAN IS MOVING FORWARD.
HAPPY TO ANSWER ANY QUESTIONS, ANY TALK, UH, BETWEEN YOU AND SHERRY AT ALL ABOUT ANY REPLANTING UH, MITIGATION? ANY
UM, THE MONITORING, SHE HAD ASKED FOR THREE YEARS OF MONITORING.
WE'VE SUGGESTED, AND, UH, BOTH IN SEMI-ANNUAL MONITORING, UH, WE'VE ASKED FOR, WE'VE AGREED TO THE SEMI-ANNUAL.
WE'VE ASKED FOR KIND OF AN ADAPTIVE MANAGEMENT ONCE THE AREA REACHES 80% AERIAL COVERAGE THAT THE MONITORING BE DROPPED.
AND HOWEVER LONG THAT TAKES IS WHAT YOU'RE WILLING TO DO.
AND, AND IF IT'S NOT 80%, WE'LL REPLANT IT, BUT REPLANT IT IN MAY SO THAT THE GRASS HAS A CHANCE TO GET, TAKE HOLD DURING THE SUMMER MONTHS.
I MEAN, IT CAN BE REPLANTED HERE IN OCTOBER WHEN THEY FINISH UP, ASSUMING THEY RESTART.
UM, BUT IT WON'T HAVE A VERY LONG GROWING SEASON BEFORE IT GOES DORMANT.
SO, UM, IF ADDITIONAL REPLANTING IS REQUIRED, WE RECOMMEND THAT IT HAPPEN IN MAY SO THAT THE GRASS CAN HAVE THE FULL BENEFIT OF THE SUMMER TO, TO GROW PROLIFERATE.
UH, WE TALKED AROUND THE ROOM ABOUT, UH, ANY POSSIBILITY OF ANYTHING BETTER, AND WE CAN'T COME UP WITH ANYTHING, UH, WITH THE EXCEPTION OF A 30 YARD ROLL OFF SOMEWHERE.
UM, BUT I THINK, UH, THEM SWINGING OVER THE OLD DOCK AND I LIKE THE, UM, UH, IDEA OF WATCHING IT TO 80% OR WHATEVER MM-HMM
NO MATTER HOW LONG THAT TAKES.
UM, AND, UM, THAT, THAT'S WHAT IT APPEARS TO ME, UH, THAT THAT'S THE BEST WAY.
UH, LET'S, LET'S TALK ABOUT THAT.
SO WHAT I'M HEARING IS THAT, UH, IT'S GONNA BE THE, THE EXCAVATOR IS GONNA PULL IT OUT OF THE BARGE AND IT'S GOING TO BACK UP TO THE POINT? OR IS THIS JUST GOING TO GO ACROSS THE DOCK? SO IT, IT HAS AN ARM.
IT ARTICULATES, SO IT WILL SCOOP MATERIAL AND INSTEAD OF JUST SWINGING OVER THE WETLAND AND THEN DUMPING IN THE TRUCK, THEY WILL HAVE TO ARTICULATE IT BACK SO THAT IT'S CLOSER TO THE PIECE OF EQUIPMENT.
SO THAT WHEN THEY SWING IT, IT'S SWINGING OVER THE DOCK INSTEAD OF OVER WETLANDS.
AND THEN ARTICULATE IT AGAIN AND DUMP IT.
[01:20:01]
IT TAKES MORE PHYSICAL MOVEMENTS OF THE BUCKET, SO IT'S A LITTLE SLOWER.WHICH IS WHY THE CONTRACTOR WANTED THE OPTION TO CONTINUE SWINGING.
BUT IT'S GONNA BASICALLY KEEP IT OUT OF THE WETLANDS, ESSENTIALLY.
AND, AND IT HAS TO BECAUSE IT'S NOT JUST, UH, JUDGE MATERIAL WAS CONTAMINATED JUDGMENT CHECK.
ACTUALLY THIS WAS RESAMPLED AND IT WAS NOT CONTAMINATED BECAUSE THEY WERE TELLING US.
THAT'S WHY WE COULD, WE COULD HAVE, WE COULD HAVE HAD IT CLOSER.
WE COULD HAVE HAD THE SEDIMENTS CLOSER.
WELL, THEY ARE ACTUALLY CARRIED CLOSER ANALYSIS.
THE, UM, WHEN IT WAS INITIALLY SAMPLED, IT WAS DETERMINED THAT THE, UM, ORGANICS WERE FAIRLY HIGH IN THE MATERIAL.
UM, WE RESAMPLED AND USING A DIFFERENT TECHNIQUE DETERMINED THAT THOSE ORGANICS WERE NOT PETROLEUM BASED, BUT NATURAL.
UM, SO THEY'RE NOT CONSIDERED CONTAMINANTS.
AND VDAX WAS GOT INVOLVED, UM, AND THEN APPROVED THE UPLAND DISPOSAL IN A FARM FIELD NOT FAR FROM THE SITE.
IT MAKES A LOT CHEAPER THAN HAVING TO DO THEY HAD TO DEAL.
WE CAN'T, LIKE I SAID, IT'S GONNA HAVE, WE CAN'T HAVE.
AND, UH, SO THE, IS THE MATERIAL BEEN REMOVED OFF THE, THE MARK AT THE, SO WHAT YOU SEE IN THE PHOTO IS THEY TOOK, I'D SAY 80% TO 90% OF THE MATERIAL.
UM, THEY STOPPED BECAUSE THEY DIDN'T WANT TO DIG IN THE WETLANDS.
UM, BUT WHEN I WALKED OUT, NOW THIS IS CLOSE TO HIGH TIDE, BUT I WALK JUST A BRIEF DISTANCE INTO THAT AREA AND IT'S VERY SOFT.
UM, SO OUR RECOMMENDATION IN THE RESTORATION PLAN, AND THEY DO HAVE A SMOOTH BLADE ON THEIR BUCKET, IS TO JUST VERY CAREFULLY DRAG THAT AREA TO REMOVE DREDGE MATERIAL.
AND YOU CAN PROBABLY SEE WITH THE COLOR CHANGE, 'CAUSE THE, UM, THERE'LL BE A DIFFERENT SHADE OF GRAY, IF YOU WILL.
I MEAN, IT WAS MUD ON MUD, BUT MM-HMM
UM, THERE'LL BE A DIFFERENT SHADE OF GRAY.
UH, AND THEN ONCE THE, THE ELEVATION HAS BEEN RESTORED, GO AHEAD AND, AND REPLANT IT FOLLOWING CONSTRUCTION.
UM, AND, AND THEN START THE MONITORING PROCESS.
UM, SO I, I THINK THIS AREA WILL RESPOND PRETTY QUICKLY.
IT'S RIGHT OUT IN THE BRIGHT SUN.
I DON'T SEE ANY REASON WHY THAT WETLAND VEGETATION WOULDN'T POP, POP RIGHT BACK.
THE, UM, REPLANTING WILL DO ITS JOB AT THE RIGHT TIME.
PARTICULARLY THERE OUTTA PLACES.
UH, AND THE SMOOTH BUCKET, UH, WITH THAT TEETH YEP.
ANY OTHER QUESTIONS? THE ONLY OTHER COMMENT I'LL MAKE TO THE BOARD, IF I MAY, UM, WE'VE BEEN WORKING TO GET TO THIS POINT IN THE PLANNING PROCESS FOR THE LAST COUPLE WEEKS.
UM, THE GOAL HERE IS TO BRING THE PROJECT BACK INTO COMPLIANCE WITH THE EXISTING PERMIT SO THAT NO PERMIT ACTIONS REQUIRED FROM THE BOARD.
UM, IF YOU CAN GIVE STAFF THE AUTHORITY, ONCE THEY HAVE HAD AN OPPORTUNITY TO REVIEW THE RESTORATION PLAN TO ALLOW US TO, UH, IF THEY'RE IN AGREEMENT, ALLOW US TO MOVE FORWARD, UM, BOTH VMRC AND NASA HAVE, WILL ALSO NEED TO, UH, APPROVE OR SIGN OFF THAT THEY'RE COMFORTABLE WITH THE PLAN.
NOW, ARE YOU GOING TO REPLANT AT ALL THIS FALL? WE WILL, UH, FOLLOWING CONSTRUCTION PROVIDED THEY FINISH BEFORE IT GETS TOO LATE IN THE YEAR.
SO A LITTLE BIT OF A DOUBLE-EDGED SWORD HERE.
WE'RE WE'VE BEEN DELAYED IN GETTING BACK TO IN FRONT OF YOU.
UM, AND THE LONGER WE DELAY THE START, THE LONGER IT TAKES THEM TO FINISH.
IT'S, IT'S, IT'S THE, UH, PROCESS.
BUT, AND OF COURSE IT'LL PLAY INTO EXACTLY WHAT YOU HAVE SAID.
YOU'RE GONNA HAVE TO REPLANT THEN MONITOR.
SO, UH, I THINK IT'S GOTTA BE OUR DECISION.
SOMEBODY'S DECISION OF WHETHER WE ASK THEM TO, UH, REPLANT IMMEDIATELY OR COME MAY.
SO, UM, AND ANY QUESTIONS OR COMMENTS? YEAH.
PEOPLE'S MONITORING IS GOING TO BE ALL OVER THIS RIGHT NOW BECAUSE IT'S ON THEIR RADAR.
YOU, YOU, YOU, THAT'S WHAT I'M SAYING.
WE, I MEAN, I KNOW Y'ALL GONNA CHECK IT TOO, I PROMISE.
UH, ENVIRONMENTAL PEOPLE ARE GONNA BE ON IT.
[01:25:01]
THOUGHTS HAVE TO BE WITH WHAT WE'RE GONNA ALLOW.WELL, NATIONALLY NO GO, NO, UH, JUDGE MATERIAL CAN GO ON.
THAT WAS, I MEAN, ACCIDENTS HAPPEN.
BUT WHAT I'M SAYING THAT WAS A, THAT WAS A PURPOSEFUL SWING BECAUSE IT WAS SAY WOULD SAVE TIME AND THAT WASN'T A SMART DECISION.
I MEAN, YOU'RE SAVING TIME AND LIKE YOU SAID, THE CONTRACTOR WANTED TO
THEY, THEY JUST DIDN'T SEE IT AS A, THEY SAW IT AS AN AREA THEY WERE GONNA CLEAN UP AND THEY WERE DOING PERIODIC CLEANUP, REMOVING MATERIAL.
UM, THEY JUST DIDN'T UNDERSTAND THE, HOW THE, THE BOARD AND, UH, OTHER AGENCIES WOULD, WOULD VIEW THAT.
WHAT WE WANT IS, UH, X NUMBER OF MONTHS OR YEARS FROM NOW FOR IT TO LOOK EXACTLY LIKE IT DID BEFORE YOU EVER STARTED.
AND THAT'S ALL WE CONCERN OURSELF WITH.
UH, WHATEVER NASA'S GONNA DO, THEY'RE GONNA DO.
UH, SO WE WANT A THREE YEAR MONITORING PLAN.
THEY'RE WILLING TO DO UP TO 80%, BUT I THINK IT'S A GOOD IDEA.
UH, IF WE DO A MOTION THAT IT'D BE X NUMBER OF YEARS ALSO, UH, EVEN, UH, OVER THE 80% I THINK IT NEEDS TO BE LOOKED AT.
ANY OTHER QUESTIONS FOR THIS GENTLEMAN? LEMME JUST CLARIFY, YOU ALREADY GAVE THE RESTORATION PLAN TO MR. WATSON OR WHERE ARE WE AT? UH, WE'RE IN THE PROCESS OF FINALIZING THE PLAN.
UM, I HEARD YOU MR. VERY CLEARLY.
YOU'RE ASKING FOR THREE YEARS OF MONITORING ABOVE WHAT YOU'RE TALKING ABOUT DOING, INCLUDED IN WHAT YOU ARE GOING TO DO.
UM, WE WILL ADD THAT TO THE PLAN.
'CAUSE RIGHT NOW IT'S CALLS FOR ADAPTIVE MANAGEMENT.
JUST MEANING THAT WE HAD PROPOSED, EXCUSE ME, PROPOSED TO GET TO 80% AND THEN DISCONTINUE MONITORING.
BUT YOU'RE ASKING FOR THREE YEARS PERIOD.
IN MY, UH, X NUMBER OF YEARS HERE, WE HAVE NEVER DONE IT TO A PERCENTAGE.
UM, AND WE'VE HAD OTHER, UH, ISSUES WITH NOT JUST REPLANTING.
UH, WE'VE HAD EVERYTHING FROM LEAVING EQUIPMENT ON THE SITE TOO LONG TO, UH, MATS ON THE SITE.
AND WE HAVE ALWAYS HAD X NUMBER OF YEARS, INCLUDING THAT'S JUST 80, 90% X NUMBER OF YEARS.
ANYWAY, UH, ANY OTHER QUESTIONS FOR THIS GENTLEMAN? ALRIGHT.
UH, MS. GORMAN, DO YOU MIND PLEASE, UH, IF THERE'S ANYTHING THAT HAS NOT BEEN SAID IN YOUR ARENA, I'D LIKE TO HEAR ABOUT IT.
UM, I THINK THAT COVERS EVERYTHING.
I'M NOT SURE IF YOU ALL, UM, WERE AWARE, BUT AFTER THIS WAS APPROVED BY THE COMMISSION FOR, UM, DISPOSAL AT SHIRLEY PLANTATION, A REVISION, A REQUEST FOR A REVISION WAS SUBMITTED AND WE DID APPROVE THAT THEY CAN, THEY COULD DISPOSE OF THE DREDGE MATERIAL IN THE UP UPLAND.
SO THAT WAS, THAT WAS APPROVED BY OUR AGENCY AND WE DID ISSUE A, UM, A MODIFICATION LETTER ON THAT.
DID EVERYBODY KNOW WHERE THAT WAS GOING? YEAH, SHIRLEY.
ALL THE WAY WHAT WILLIAMSBURG BASICALLY MIGHT AS WELL BE.
ANYTHING ELSE? UM, ANY QUESTIONS FOR MS. GORMAN? ALRIGHT.
MR. WATSON, I'D JUST LIKE TO SPEAK TO THE LOGISTICS OF THIS.
UM, MAKE SURE WE'RE ON THE SAME PAGE.
UM, SO THERE'S NO STOP WORK ORDER FROM ME OF COURSE.
AND IF, UM, I'M NOT SURE WHAT THE BOARD'S GONNA DO, BUT IF THE BOARD'S NOT GONNA ISSUE ANY TYPE OF STOP WORK ORDER, OF COURSE THERE'S A STOP WORK ORDER FROM NASA.
THEY HAVE TO COMPLY WITH THAT, WITH THE RESTORATION PLAN.
UM, IN MY MIND, AT LEAST ONE WAY TO DEAL WITH THIS IS THAT ONCE NASA ALLOWS THEM TO PROCEED AND THAT PLAN IS APPROVED WITH NASA, OF COURSE I WOULD GET IT, UM, BEFOREHAND AND THE APPROVED PLAN, THEN I WOULD BRING THAT, I ASSUME TO THE NEXT WETLANDS BOARD HEARING, UH, FOR THE WETLANDS BOARD TO DETERMINE IF THAT PLAN IS SUFFICIENT.
UM, BUT OBVIOUSLY ALLOW THEM TO WORK THERE BEING NO STOP WORK ORDER FROM, UH, IF NO STOP WORK ORDER ISSUES TODAY FROM THE BOARD, UH, THAT THEY WOULD OBVIOUSLY BE ALLOWED TO WORK.
OBVIOUSLY THE PLAN MAY HAVE TO BE MODIFIED AT THE NEXT HEARING IF THERE'S SOMETHING THAT THE BOARD DOESN'T LIKE.
BUT THAT'S AT LEAST ONE WAY TO DEAL WITH THIS GOING FORWARD.
I THINK THAT'S WHERE WE ARE RIGHT NOW.
AND, UH, WHAT WE'RE GONNA DO IS OFFER, UH, IF EVERYONE AGREES, UH, CONTINUATION WITH THE,
[01:30:01]
UH, WITH WHAT THEY'RE DOING AS FAR AS REMOVAL WITH THE REPLANTING, UH, AND, UM, MONITORING.DOES EVERYONE AGREE? SO WE'RE GOING TO JUST HAVE THEM CONTINUE UNTIL WE VERIFY THE RESTORATION, WHATEVER PLAN THEY'RE GONNA HAVE AT THE NEXT WETLANDS BOARD MEETING, THEN WE'LL REVIEW IT AND THEN, BUT AT THE MOMENT, WE'RE GONNA LET THEM CONTINUE.
DO WE NEED TO HAVE A VOTE ON THAT? UH, WELL I THINK WHAT WE'RE GONNA DO IS RELY ON YOU, UH, IF, IF THAT'S ACCEPTABLE, HERE'S WHAT WE WANT.
HERE'S WHAT NEEDS TO HAPPEN AND IT WILL BE MONITORED AND WHATEVER NASA DOES, IT'S WAY OVER MY HEAD.
DO, DO WE NEED TO HAVE IT BACK IN FRONT OF US IF WE JUST LET STAFF, UH, APPROVE THE PLAN? OR DO WE HAVE TO APPROVE? NO, APPROVE IT.
SO, BUT THE WHOLE DESCRIPTION HAS BEEN GIVEN TO US.
IF IT IS WHAT THAT IS, THEN YES, WE JUST LET STAFF HANDLE IT.
DO YOU AGREE WITH IT JEAN WAYNE? YEAH, LIKE I SAID, I MEAN WE CAN MAKE A MOTION NOW TO DO THE, FOR THE COUNTY NOT TO DO A STAFF WORK ORDER.
ANYBODY GOT ANY QUESTIONS? 'CAUSE THIS IS COMING TO HIM.
UM, I THINK WE ALL KNOW HOW WE STAND.
UH, AND I'M LOOKING TO MY LEFT FOR MOTION.
I MAKE A MOTION THAT THE, UH, COUNTY DOES NOT DO A, A STOP WORK ORDER, BUT ALSO ON THE, UH, WE WANT THE, UH, MARSH RESTORED TO, UH, PRE UH, VIOLATION CONDITIONS AND WITH THE THREE YEAR, UH, MONITORING PLAN ON, BUT THAT'S, THAT'S FOR THE, UH, RESTORATION PLAN.
WE CAN'T APPROVE A RESTORATION PLAN 'CAUSE WE DON'T HAVE ONE, SO WE CAN'T APPROVE THAT.
BUT FOR THE BUT BEING THE RESTORATION PLAN THAT WE HAVE A THREE YEAR MONITORING, JUST YOU RESTORE BACK TO THE, UH, PRE VIOLATION, UH, CONDITION.
AND OUR MOTION IS, THE MAIN MOTION IS NOT TO MAKE, UH, UH, STOP OR ORDER FROM THE COUNTY.
AND DO YOU WANT TO AUTHORIZE STAFF TO APPROVE THAT PLAN AND AUTHORIZE THE STAFF TO APPROVE THE PLAN WHEN IT, WHEN IT, WHEN IT COMES IN AND WITH HIS, UH, WE, WE HAVE A THREE YEAR, WE HAVE, UH, X NUMBER OF MONTHS.
UH, DO YOU WORK WITH HIM? AND I'VE GOT NO ISSUE WITH THE 80% SIR.
I JUST WANT TO GO ON TOP OF THAT WITH THE THREE YEAR AND YOU GOT NOTHING TO WORRY ABOUT.
IF YOU SIT, YOU CAN DO WHAT YOU SAY YOU'RE GONNA DO.
ALL YOU GOTTA DO IS LOOK AT IT.
I'M ASKING FOR A SECOND PLEASE.
UM, I HAVE ONE, UH, THING I ASK, UH, MR. PANDA, WOULD YOU COME FORWARD AND AT LEAST RUN THROUGH, UH, SOME LEGALITIES WITH ME? UH, MAY I SWEAR YOU IN? DO YOUM SWEAR, TELL THE TRUTH, WHOLE TRUTH, NOTHING BUT THE TRUTH IN ALL MATTERS COURT.
WHAT DO YOU KNOW ABOUT THIS? UH, WE, PAM, A DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT.
THAT IS A, UH, THAT IS A SCAM THAT'S BEEN GOING ON FOR BETWEEN 12 AND 18 MONTHS.
SO THE SCAM ARTISTS ARE GETTING MORE SOPHISTICATED IN TERMS OF THEIR, UH, APPEARING TO BE CREDIBLE.
UH, IN, IN VIRGINIA, THE FIRST LOCALITY THAT WAS, UM, THAT WAS AFFECTED BY THIS WAS HANOVER COUNTY, AT WHICH POINT, UH, UM, THEIR, IT AND SOME OF THE PROFESSIONAL ORGANIZATIONS LIKE THE VIRGINIA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION STARTED TO PUT OUT THESE ADVISORY STATEMENTS TO BE ON THE LOOKOUT FOR SUCH SCAMS. UH, THEY CAN BE VERY CONVINCING.
UH, UH, WE'VE HAD A COUPLE OF INSTANCES WITH, WITH A COUPLE OF OUR APPLICATIONS WHERE FOLKS HAVE RECEIVED SOME OF THESE.
AND UM, AND UH, UH, WE HAVE ADVISED PEOPLE, UH, NOT TO, YOU KNOW, TO, TO CONTACT US TO VERIFY THAT, UH, THESE ARE NOT TO BE PAID.
WE'VE ALSO, UH, COORDINATED WITH THE SHERIFF'S DEPARTMENT.
SO IF ANYBODY HAS, UM, FALLEN VICTIM TO THIS AND IS ACTUALLY PAID, THEY'RE DIRECTED TO, UH, TO GO TO THE SHERIFF'S DEPARTMENT AT THAT POINT.
BUT THEY PUT THAT OUT THERE ON THEIR SOCIAL MEDIA.
UM, UM, ON THE, ON THE COUNTY SIDE AS WELL.
I EVEN BELIEVE SHORE DAILY NEWS MIGHT HAVE PUT SOMETHING OUT THERE, BUT I, I CAN'T, UH, UM, I CAN'T UH, ATTEST TO THAT 100%, BUT I REMEMBER SEEING SOMETHING IN SHORE DAILY NEWS ABOUT THAT.
WELL, I THINK FROM A COUNTY STANDPOINT, WE'VE DONE JUST ABOUT EVERYTHING WE CAN DO.
UH, THERE'S ONE OTHER THING THAT WE WILL PROBABLY DO IS TO REVISE OUR FORMS TO, TO CONFIRM WITH THE COUNTY OR RATHER, UH,
[01:35:01]
YOU KNOW, THERE ARE TWO WAYS THAT WE ACCEPT PAYMENTS.WE ACCEPT, YOU KNOW, WE ACCEPT, UH, UH, THROUGH OUR INGO PORTAL BY PHONE AND ALSO, UH, BY CHECK.
SO IN PERSON ESSENTIALLY AND CHANGING IT UP A LITTLE BIT THAT AT LEAST, UH, THROWS THEM OFF JUST A LITTLE BIT.
SOMEONE HAS A NEW PERMIT APPLICATION AND IT DOESN'T LOOK JUST LIKE THIS, THAT LEADS TO COME TO YOU AND SAY WHY.
UM, ONE OF THE OTHER THINGS THAT I HAVE THAT I HAD DIRECTED STAFF TO DO WHEN THIS ALL STARTED WAS TO START STRIPPING OUT EMAILS.
'CAUSE THAT'S HOW THE, UH, UM, UH, THE SCAM ARTISTS, THE SCAMMERS ARE GETTING THESE OUT IS BY EMAIL.
BUT, UH, UH, WHEN, WHEN THIS FIRST CAME OUT FOR US SEVERAL MONTHS AGO, WE REACTED PRETTY QUICKLY TO THAT, TO, TO SAY, OKAY, WE'VE GOTTA STRIP OUT ALL OF THE UM, UH, CONTACT INFORMATION, INCLUDING PHONE NUMBERS AND EMAIL ADDRESSES FROM THE STAFF REPORTS.
'CAUSE THAT'S HOW THEY'RE, THAT'S HOW THE SCAM WIRES ARE GETTING BREAKS.
MY MARK, I HAVE TO ASK THIS, UH, QUESTION.
IS THIS PO BOX 6 8 6 RE IS THAT R PO BOX? IS THAT A TOTALLY BOGUS? THAT IS OUR YES.
FOR ENVIRONMENTAL PROGRAMS. THAT IS OUR PO BOX, THAT IS OUR PO BOX.
SO THEY SEND THE CHECK TO OUR PO I MEAN THIS DOESN'T MAKE SENSE HOW THIS, THEY'RE, THEY'RE, THEY'RE ASKING THESE, UH, APPLICANTS TO WIRE OH.
SO WHILE THE, YOU KNOW, WHILE THE, UH, UH, APPLICATION HAS, OR WHILE, WHILE THE INVOICE, THE, THE, UH, UM, FABRICATED INVOICE HAS ALL OF THE CORRECT INFORMATION ON THERE.
THEY'RE TELLING PEOPLE PLEASE WIRE US THE FILES.
THAT'S IN A SEPARATE I GOTCHA.
ANY QUESTIONS FOR MR. ABOUT THIS PARTICULAR ISSUE OR ANYTHING ELSE? I, THAT'S, I FOUND OUT WHAT I WANNA KNOW.
WHILE I'VE GOT THE PODIUM, I WILL MENTION THAT, UH, UH, WE HAVE HAD TWO APPLICANTS ACCEPT PHYSICIANS FOR, UH, ENVIRONMENTAL PERMIT SPECIALIST AND ENVIRONMENTAL PLANNER.
I'LL BE MAKING THAT, UH, UH, THAT ANNOUNCEMENT BY EMAIL, UH, PROBABLY NEXT WEEK.
AND WE'LL CERTAINLY INCLUDE THE WETLANDS MORGAN ON THAT ANNOUNCEMENT.
THEY WILL APPEAR A MONTH FROM NOW.
ANY OTHER QUESTIONS OR ANYTHING? ANY COMMENTS FROM ANYONE? ALRIGHT.
I DON'T THINK WE HAVE ANY JBAS FOR NEXT MONTH UNLESS IT JUST HAPPENED.
DO YOU AGREE WITH THAT? UM, MR. WATSON? WE HAVE ONE WE'RE GONNA GO LOOK AT TODAY.
AND IF THAT ONE'S APPROVED, THAT WILL BE IN NEXT MONTH'S PACKAGE? YES.
SO OUR NEXT MEETING THEORETICALLY IS SEPTEMBER 24TH.
THAT'S WHERE I WAS GONNA ASK TOO.
I AM TALKING WITH THE COUNTY ATTORNEY ABOUT NEXT STEPS WITH HIM, UM, TO WHAT WE CAN DO IN CIRCUIT COURT, WHICH IS WHERE IT'S GONNA HAVE TO GO.
I THOUGHT I SAW SOME STUFF WHERE HE'D, HE HAD PLANTED AND YEAH.
AND THAT, SO I THOUGHT THAT THIS WAS GONNA GO AWAY.
UM, ONE POINT HE HAD AND THEN IT'S UH, HE SAID IT, IT'S BEEN A MONTH OR SO SINCE I'VE BEEN THERE.
'CAUSE I KNOW HE PLANTED MONTHS AGO THAT HE SAID IT ALL WASHED AWAY.
THAT'S SO, I, I WENT UP THERE AFTER HE SAID HE DID IT AND THEN HE SAID THAT IT WAS ALREADY GONE.
HE SAID SO I'M SORRY, DIDN'T MEAN TO INTERRUPT YOU.
HE SAID SOMETHING ABOUT CUT GRASS COVERING IT.
IS THAT I, I MEAN MY UNDERSTANDING IS THAT HE'S CLAIMING THAT IT WOULD NOT, UH, THE TIDES AND WAVE ACTION AND SUCH, IT TOOK IT RIGHT AWAY AS SOON AS HE PLANTED IT.
UM, I DIDN'T SEE MUCH THAT HE HAD PLANTED IN THE FIRST PLACE.
WELL, IT, IT'S PRETTY MUCH OUT OF OUR HANDS NOW.
ANYTHING ELSE? ANY OTHER COMMENTS? THEN I ASK FOR A MOTION TO ADJOURN.