Wetlands Board - Regular Meeting

I'd like to call to order the King George County Wetlands Board, May 22nd. Um, the public hearing on BMR C permit application number 2024-1141 and JPA Z 202500927 [Music] request for by Farleydale LLC applicant to perform maintenance on a dock structure for the purpose of bringing in bringing it back into service with the same specifications as footprints as the original permanent design. The repair of the existing boat slip is to facilitate egress and aggress of private vessels. um like to open that up for public comment hearing none. Uh like to bring that back to the board.

El Bordo, what do you got to say? Well, I I didn't visit I attempted to go down and visit the site, but uh so I think that's probably something we ought to talk about how to coordinate if we can. It it implied we had access because we got directions, but anyway, I failed to I didn't I wasn't able I wasn't able to get there. Um, the only thing that's sort of in the fine print originally, as I read the package, it sounded like they wanted to do a a repair of the pier and a bulkhead and dredge, but it appears they're not going to dredge if you read the fine print. So, is that correct? That's correct. Would you like me to ask the applicant to speak on that question or do you want to It's just to verify that they're not dredging because I looked at the date of operation from July to February which would have been probably if you were going to dredge you'd want to do it because spawning is over. That's a good time to do that. So I figured they may have picked that time frame for that purpose. So just to verify I guess you could ask him to verify there or not. Is the applicant here? online. Are they not presenting? Yeah, typically they present, right? They want to present. So, so I'm not sure if you can hear me. Hey Lucy, this is John Brooks with GES um representing uh Dan Jacobs, the applicant. I'm happy to speak on it. Um we are not planning to dredge. We found

uh through some bethimemetry that we had enough uh water when we restored, you know, when the pier's restored that we'll have plenty of water to to bring in um or and move out barges as as we had planned. So, uh only the dock repair um is what we're planning. Thank you. Can you hear me? and and we're going to match the dock as it was originally built. So there's there's no plan changes there either. It will, you know, we're going to rebuild it exactly like it was built previously. Thank you. Can you hear me, John? Okay. So, and certainly I'm here for any questions as well. John, are you uh rebuilding it or are you um repairing it? Can you hear me? I can hear you. Hey. Hey, John. Can you hear me? I can. Are you uh rebuilding it or repairing the dock? Uh it's a little bit of both. Um where it can be repaired, we're repairing. Where we're where we're needing to replace um pilings, we're replacing.

So, uh, John, is there a steep slope near the dock area? There is. We're in the outer bend of the river there. So, there's always in the outer bend there's a pool. U, we did not realize that originally. Um, and we found that out, you know, as we did a little bit more investigation and talked with BMRC and the core. So, there's deep enough water off of there that that we don't need to dredge. Okay. I meant more on land. Is it pretty flat coming from the landside or is it pretty steep down in the water? Uh, it's pretty flat in that location. Okay. you know, the the steeper areas are up more into the bend. So, we're we're down a little closer to, you know, where where it is a lot flatter. So, there isn't as big a transition there. Would you say there's any concern about erosion during the process of building the dock like into the wind? No, the the pilings will will present minimal if any erosion. Um, and then tying it to the land will will basically be, you know, there may be a couple of pilings up closer to the land, but that's about it. There should be no excavation. Yeah, it's just placement of pilings and then building piling to piling. I was looking at the uh drawings here. There's a buffer area, a 48 foot buffer area. Can you tell me what that is? on sheet four on figure four of the document. That's the remnant. Sorry, that's a remnant of the 4x buffer rule, which no longer applies because we're

not dredging. So, that was showing that our dredging was outside of the 4x buffer for the tidal wetlands that are adjacent in that light green. So, we're no longer in that. We're no longer dredging. So that's that's an artifact of that. Sorry, that probably should have been removed from that drawing because it it no longer applies. Okay. Thank you. You're welcome. Uh, is there a time frame on uh getting this project started and completed? I didn't know I didn't pay attention to how long you're applying for the permit. Just is that for July 1st to February? Wow. March till February. I've learned it in my life to apply for a longer permit than you need. So I it probably I put it over five years, but it it should be like a less than a sixmonth process once we get started. It should be really quick. Um but I always apply for a longer permit than we need. Yeah, I believe I saw July 1st to February, but which would be good for the sake of spawning fish. It's not really if you're disturbing the bottom and creating any silt usually avoid you try to avoid that's but that's a good time that you picked is that do you believe that period is when you will complete it? Yes, that that is our goal. So, I'm looking on sheet nine. It looks like the dates are wrong or it's off by

a year. It says July 1st, 2024. It's been around for a little bit. So, would you say it would be July 1st, 2025 then? Correct. It It may be 2026, but we just have to look at exactly when we can get all of the permits. Okay. We've got to get Army Corps, we've got to get VMRC, and we've got to get, you know, y'all's permit approvals, and then once we have all that, we can move forward. So, VMRC doesn't issue until after y'all issue, and we have the Army Corps permit. So, it's just bearing that and then uh basically getting a marine contractor in to do the work and they're all very very busy. So, it's just coordinating that and all in all it's not a complicated project. It's just getting the right contractor that has availability. So, uh, what's the historic site on page 10? You say there's a historic site or historic property adjacent to the site. Um, do you mind scrolling to page 10? I mean it it's probably uh Oh yeah. Oh yeah, I did mention something like

that. There we go. Yeah. So, we didn't find any historic resources, cultural resources, um, buildings, or mapped battlefields. I mean, the the viewshed's pretty limited. I mean, we're treed completely on our side. It's treed on the other side. Um, so essentially unless you're on the Yeah, you've got a historic district within three miles. Um, and then the other mapped features are well outside of where we're working. So I see it here now on page 14. The Pelatin Historic District. Is that what it is that what it was? Yes. Yeah, it's more than three miles away. So viewshed impact is what you generally consider there and we're we're far enough away that you know we're not going to have any viewshed issues. You know again we're treated on both sides and then the architectural features are the same way. I mean there they can't see our site we can't see them. Any other questions? Ward, I got one more. Are you guys cutting down any trees? Uh, the plan is no. The the trees have already been removed. There's a there's a maybe there's a 55 50 foot wide area that's exists currently and we're not planning on cutting down any trees. So the only disturbance we will do is putting putting in the pilings and uh

you know when the decking hits hits shore and that's it. Like I said there's no planned grading, you know, it all match grade. Yeah. I went down and looked at the site. It looks like you got got a really good base going down to that. It doesn't look like it's going to impact any of the wetlands much on either side. No sir, it will have zero impact on wetlands. We'll we'll bridge those and we'll be high enough above those where they will they'll persist underneath the dock. get a hold of Peter. You can go down. Okay. We're talking about a site visit. Yeah, we we can certainly arrange one. The the property owner locks it up just when he's not there just to keep um there's no longer a resident on the property to kind of keep watch over it. So he locks it up so he doesn't uh end up with other people's uh unwanted goods, if you will. Yeah, I can uh do you mind if I give them Peter's number and uh maybe they could set that up with him? Yeah, absolutely. You can you can call me and I can arrange it through Dan Jacobs or call Dan directly. I know that he would be more than willing to have somebody come down and do a site visit. Um BMRC came down today. Yeah, I have both of their numbers. I have Dan's and Peter's number. Yeah, Dan Dan would be happy to uh take you on a site

visit. And Dan is probably the best person to contact. Anybody else have any questions for the applicant? Uh is there any more uh discussion on this proposal? If not, do I hear a motion? Motion to approve. I hear a second. All in favor? I I so moved. Thank you. Thank you. Appreciate your time. Okay, next on the agenda is all business. We need to vote to accept or amend the bylaws. Mr. Chairman, I had uh couple things on these bylaws that I'd like to present at this time.

Um, the first one is on page I guess this is page one section one article five uh which states that a meeting of the board shall be held on call off of it should be O F of So, can we get a correction on that? Yeah, absolutely. I corrected it and it will be living in the community development office. If you ever need us to print you additional ones, we can. I also put them on the middle of the table. I'm not sure if you took any, but it should be under that um packet. So, those are the updated. We got um some notes from Mr. Courtney. Um we corrected all of the, you know, grammar, spelling, spacing, made it look a little nicer. So, those are the updated ones. Is it corrected? Can I run down my list of corrections? I'm I'm doing this from the copy of the one that was sent to me in the packet

November 21st, 2024. Yeah, absolutely. If you want to mark them up and drop them off at the office, I'm happy to go through and correct any edits that you have. Um, we talked about that at the last meeting and Mr. Courtney uh provided two, I guess, iterations of notes, but that must have, you know, fallen through. It's a little bit of a wordy package. So, yeah, if you want to mark them up and drop them off, I'll make those edits. Okay. Uh these are different from the ones I picked up one uh from your office. Uh it must have been January and this packet is different than the one I picked up. Correct. So it's been it's been um improved or corrected. We also have a different uh county logo. So that's been updated on it. And the one that I printed today says reprinted May 2020 or May 2025 on the front page. So that would be a good, you know, way to distinguish between the two. Okay. So the ones that are provided today were also the same ones that were mailed to you. The only difference is that today I wrote reprinted on the 22nd of May. said that nothing should be different between the ones that were mailed to you before this meeting and the ones that are on the table. Okay. Can I run through this list and and I would like uh the things that I bring to your attention uh corrected? Sure. Um in section five it says following procedure shall be followed shall be followed during a public hearing as as stated twice. It should only be stated once.

Where what page is that on? Oh section five. section. I have no page numbers here on mine. Oh, I see it. Se section five, article six, public hearing. Yes. Okay. So, yes. Um then we uh let's see the last page. Um step one where it states [Music] um complaint shall have completed by the designated enforcement officer a signed officer and signed before a notary public and that a should not be there and works stop order shall be issued. The A should be missing from that. I'm not seeing it. What page? Uh you said second to last page. uh step where it says step one and it's um step 2 a is is is where I just read that from clarification. Are you saying Procedure

five. Step two. It's next to the last page. Well, it is the last. Well, the last page is over here next to the last page. Step two, it says if if working, it should be if work is in progress. And that's those are all the corrections that I had. But I did have a question on article 8. Uh talks about uh restoration hearings must have 30-day notice which states time, place, and purpose of the restoration hearing. Notice shall be issued to all affected parties, including those listed in article 6, section two of the bylaws, and shall also be published in a newspaper with general circulation as specified in article six, section three of these bylaws. Uh, as update as things are now, uh, nobody gets a newspaper anymore. So I thought it should be something else besides a newspaper. Uh other than I I didn't have an answer for what that is because social media maybe so the the county posts all of the upcoming board meetings on the county website. They also have county social media pages, but it's a requirement of

the code of Virginia that things are posted in the newspaper of local circulation. So that's why it's in there. Um, as it is with the planning commission, if you have a planning commission public hearing, it needs to be posted in the newspaper. So that I believe comes from the code of Virginia. So then then then I'll bow on that one. Okay. Uh, but the rest of them I stand on. I think uh these are corrections that are necessary to be made. Does anyone else have have anything else? That being said, I so move that the bylaws be approved with corrections. If I can get a second. Which correct? Just the three, right? No more. The three that we went over. Yes. Okay. Or do you? No, I don't have anymore. I don't have anymore. I just don't want to have to keep approving them and looking at them unless something changes. So I would say if it's for the three changes and not any others. Yeah, that's how I would agree on that. Yeah. So we don't have to keep unless we want to change like a whole section for some reason. So I second that. Motion's been made and second. All in favor? All right. Okay. Next is new business. The FIA training webinar requires within 90 days of notice all board member. What are we supposed to do?

So, there's a sheet. It looks like your agenda, but it's not. It's also been mailed to you, I believe, in the end of April and emailed. It's a foyer requirement for all locally appointed or elected officials. And they basically require that the local officials do a 1-hour FOYA training, freedom of in freedom of information act training. And it's a one-hour webinar. And then when you're finished, you can just tell the local clerk, so that would be someone in community development, that you completed it. If you would like me to forward this email again to you all, I'm happy to do that. So when when's it due? By July 30th, I believe. So July 30th. Okay. Okay. I had uh I'd received that, but uh can I come into your office and have you set that up on a computer for me so that I can review that? I'd be happy to. Yeah. Okay. Yeah. Thank you. Yeah, of course. When do I have to have it done? By July 30th. I believe. So, you're not techsavvy, are you? When it comes to the technology, I'll give you my story right quick. Uh, I had to deal with computers while I was working and every time I get working with a computer, I think about work and I'd rather not. There you go. I love it. What was that date again? By July 30th. July 30th. Thank you.

Is it statewide the foyer requirement? Yep. It's Yeah, it's new, huh? I believe it's with the general assembly as of 2020. So, it's like in the implementation, I believe. Not sure. any other new business you want to bring up. Was it something about the site visit or was it um No, just I I guess my confusion was the package implied that you had access to it and it didn't. So the coordination if if by if by if I see in a package it looks like we're we're able to access it. I know three of us can't be there together because it deemed a meeting and we probably ought to my recommendation would be that we would you know see a number a way to get access that it would be required. But um I went down there the gates were locked. I went to the next gate and I watched a guy drive around it but I didn't want to break the law so I didn't do that. But, you know, it just it it seems like if we get a package, my you know, I blately asked that we should know whether we can get access or we need to request access. Otherwise, it's not that it was a big deal, but I live on the other end of King George by Maryland. So, you know, I just I drove down thinking, okay, I'm going to get there before this meeting to be prepared. And that didn't didn't work out. So, I guess my suggestion is if requested, if if you know, we would like to be diligent and make a a visit. And if we're going to make a visit, we should know we have access or we don't want to, we need to request it. That's all. Sounds like a good job for the chairman to do after he talks to Lucy.

So, so I guess that would be like after July, right? Because that's the start date. Or did you want to try to get there before they start working at this point since it was approved? I I don't feel like I'm adding any value to be educated by going and seeing it. I I think I got my questions answered. I was curious because I saw on the fine print they weren't going to be doing any dregering and I wanted to see why is that, you know, and what it is. You asked a good question about the buffer. I'd like to see what kind of erosion, what are they going to look like when they get down there and start ripping pilings out, but I think the questions that were answered or asked today and answered satisfied my interest. Um, I'm not going to just be nosy and drive down there at this point, but just for the future. Well, sometimes it is good to to look at it even before and after. I we don't get to see enough after the fact permits, you know, unfortunately, which I would like to do. And we go down, we see them before they do it. And then I don't I've been on this board for quite a while and I don't think I've seen hardly any completed ones. I have seen a few down, you know. Yeah. Well, this would be a good one to see because it's commercial. It's not somebody's house, you know. makes it a little easier I guess toh approach the subject. Lucy, I did have one one one question before we close out and that is how is the project going uh about having the tombstones to move off the PTOAC River. I know it was approved for land disturbance by our county administrator last at the end of last summer. So, I would assume that work is continuing now and I'm sure that the applicant would be open to you seeing the prog progress. I can connect you with them if you'd like.

Could you make uh contact with them and and and and uh let the chairman know? Yeah, of course. And uh you we can uh Well, that wouldn't be considered a meeting either, would it? Could we go as a group? Um I'm I'll have to check on that. I'm not sure. That would be kind of cool if all four of us could go. Yeah, I'll check on that. I mean, it's already been approved. It's in the process. It seems like it would be legal. I don't know. I think the education that the board gets as far as looking at wetlands is is important. Um, one of the things that I wanted to bring up is that uh, the Virginia Institute of Marine Science has webinars and classes that we can take or perhaps even go down there on a field trip. It's a really, really interesting place and they will take you through and show you different types of wetlands, different types of wetland grass, just the whole deal. and they haven't done it since co I can check on that for you if you'd like me to see if we have it in the you know professional services budget for the wetlands board. I'll look into that. Yeah, I like that because the the Army Corps of Engineers analysis in the packet here had all the scientific names for trees and for shrubs and herbs and I had to look it up because I they probably teach you that at some of the classes, right? Nothing else. Do I hear a motion for ajourn? So move. Anybody second it? A second. All in favor say I. I. I. Thank you.