James City County Chesapeake Bay Board approves multiple RPA exception requests, adds stormwater BMPs and welcomes new planner

WILLIAMSBURG, Va. — The James City County Chesapeake Bay Board on June 10 unanimously granted a series of exception requests to allow construction within Resource Protection Area buffers for several residential projects and approved a one-year extension for an earlier approval.

Staff watershed planner Emily Groene told the board that the first approved request, CBPA‑26‑0048 at 8629 Daskin Road, involved a proposed 12‑by‑30‑foot carport that would result in about 360 square feet of impact to the RPA. Groene said the applicant submitted a mitigation plan of six shrubs, exceeding county mitigation requirements, and recommended approval. A written statement from the property owner, Mr. Holmes, was read into the record: “The proposed carport will be built on an existing gravel pad that was in place before the resource protection area was created. No trees or other plants will be removed for this project… I plan to plant six shrubs along the edge of the woods inside the RPA,” the statement said.

The board next approved CBPA‑26‑000028 at 104 Dundy, in Fords Colony, allowing conversion of a previously approved patio into a 135‑square‑foot deck. Chase Grog of Lantech Resources, representing the applicant, described the case as “pretty straightforward” and said the deck matches the previously approved square footage.

A later, larger request at 139 Kings Point Drive (CBPA‑26‑000021) had been deferred from April and was returned with two infiltration‑trench stormwater best‑management practices added to the plan. Groene described the proposal as producing major impacts to the RPA (staff cited roughly 3,300 to 3,927 square feet of impervious impact in different slides) and said the applicant had resubmitted mitigation and added BMPs to address runoff. Sean Lemon of Crossroad Custom Builders and Chase Grog explained the location and design of the trenches: Lemon said one trench is 25 feet long and the other 18 feet, and both are intended to capture and treat roof and site runoff before it reaches the RPA.

Groene told the board that, for the larger projects, staff recommended conditions including submission of required permits, recording an affidavit at the Williamsburg‑James City County courthouse, and providing surety — a payment held to guarantee implementation of mitigation — before release of the surety or permit. Examples noted in staff recommendations included a $500 surety for the smaller carport case, a $2,000 surety for the 140 Kings Point Drive addition, and an $8,750 surety for the 139 Kings Point Drive project to guarantee planting and BMP installation. Many approvals included a provision that the exception would expire if construction had not begun by June 10, 2027, and that written extension requests must be submitted to the Stormwater and Resource Protection Division no later than April 29, 2027.

When asked about clearing and grading for the larger Kings Point project, applicants said the area is largely scrub and that proposed mitigation plantings will be reestablished; Grog and Lemon said the proposed BMPs would treat more runoff than the area of impact. Groene noted staff’s review concluded the applications met the applicable provisions of county ordinance sections referenced in staff reports and recommended approval in each case.

The board also agreed to defer CBPA‑26‑0026 (108 Southern Hills) to the July hearing at the applicant’s request, and it approved a one‑year extension request from Mr. James Boyd for CBPA25‑000060, moving the expiration to July 9, 2027 and reauthorizing permit conditions other than the expiration date.

In other business, staff introduced new watershed planner Julia Hurtton, who started with the county on June 1, and the board announced certificates and pins for recently appointed members. All formal exception requests and the extension were approved by voice vote with Mr. Wolsey, Mr. Mroy, Mr. O’Brien and Miss Bowie recording “yes” votes; Mr. Roadley and Mr. Mayor were absent.

What’s next: approved exceptions include conditions that applicants obtain required federal, state and local permits, post surety amounts as noted in staff recommendations, and record affidavits prior to release of surety or issuance of certificates of occupancy. The board will revisit deferred items at its July meeting.