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James City County Wetlands Board approves pier and shoreline permits; living shoreline requires $35,000 surety
Summary
The Wetlands Board granted after-the-fact permits for two private piers and approved maintenance and revetment work at three properties, and approved a 1,000-foot living shoreline project that requires a $35,000 mitigation surety; one case was deferred to November.
The James City County Wetlands Board on Oct. 8 approved multiple permits for docks, ramps and shoreline work and authorized a living‑shoreline project that will require a $35,000 mitigation surety.
Staff recommended approval on each matter. "Staff has reviewed this application and recommends approval of the application as presented," watershed planner Emily Grojean told the board during the hearing on a post‑construction permit for two finger piers at 94 Shell Bank Drive (WJPA220017). The board voted 5–0 to grant that permit after brief discussion and a finding that impacts were minor.
Why it matters: These decisions allow the property owners to keep or complete waterfront structures and require conditions intended to limit floodplain and wetland impacts. The living shoreline approval includes a performance surety to guarantee the planting and establishment of new wetlands.
The board approved four permits on the evening’s wetlands agenda: - WJPA220017, 94 Shell Bank Drive: After‑the‑fact permit for maintenance, dredging and construction of two finger piers; staff found no vegetated tidal wetland impacts and recommended approval with standard conditions (required federal/state/local permits, compliance with James City County floodplain rules). Motion passed 5–0. - WJPA250024, 4103 South Riverside Drive: Replacement and demolition within existing footprint, two walkways, pier, two jetties and a concrete boat ramp; staff recommended approval because impacts are minimal and within the preexisting footprint. Motion passed 5–0. - WJPA250005, 194 The Main (and 192 The Main): Maintenance of a bulkhead and partial revetment replacement; staff reported no vegetated tidal wetland impacts and recommended approval with conditions including erosion and sediment control and a Chesapeake Bay preservation waiver if required. Motion passed 5–0. - WJPA250025, 2992A Kitchens Close: Installation of a living shoreline consisting of three rock sills, sand fill and plantings across approximately 1,000 linear feet and a total disturbed area of 46,850 square feet. Staff recommended requiring a mitigation surety. The board approved the permit and attached conditions including a $35,000 surety, an erosion and sediment control plan, a DEQ construction general permit, and timing restrictions to protect bald eagles (no work Dec. 15–July 15). Motion passed 5–0.
Public comment and applicant responses were brief on the pier, ramp and revetment cases. Brian Fletcher of Delta Marine Construction, representing the applicant for 4103 South Riverside Drive, said the work was "pretty cut and dry" and that the jetty extensions were intended to prevent undercutting of the ramp.
The board deferred one item: WJPA240028 at 3096 North Riverside Drive (applicant requested deferral to Nov. 13). The motion to keep the public hearing open until November passed 5–0.
Conditions and next steps: For approved permits the board attached typical conditions requiring that applicants obtain any necessary federal, state and local permits, comply with applicable James City County zoning and floodplain rules, and obtain approved site plans. All wetlands permits will expire Oct. 8, 2028, unless construction has begun or an extension is requested in writing at least six weeks before expiration, per staff recommendations.
The board recessed at the adjournment and scheduled a brief break before a separate Chesapeake Bay board meeting later that evening.
