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Board grants exception for third retaining wall at Kings Mill property, requires mitigation and $500 surety
Summary
The Chesapeake Bay Board approved an exception to build an additional segmental block retaining wall at 136 John Wickham (Kings Mill), citing erosion concerns; staff required a half planting unit (six shrubs), a $500 surety and recording of an affidavit.
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The Chesapeake Bay Board on July 8 approved an exception (CBPA26-0071) allowing construction of an additional segmental block retaining wall at 136 John Wickham in the Kings Mill subdivision. Watershed planner Emily Grojean presented the application on behalf of the property owners, Scott and Janet Krueger, and recommended approval with conditions.
Grojean said the parcel is 2.01 acres with about 81% inside the RPA. She described prior approvals for the residence (2018) and for earlier retaining walls and a pool, then detailed the new proposal: approximately 68 square feet of impact to the 100-foot landward RPA buffer, removal of about 10 square feet from the seaward 50-foot buffer, and mitigation equal to one-half planting unit (six shrubs). Staff recommended that a mitigation plan be submitted prior to building-permit issuance, that a $500 surety be posted in a form acceptable to the James City County attorney’s office, and that an affidavit be recorded in the Williamsburg–James City County courthouse before surety release. As with the other item, staff noted a construction-start deadline of July 8, 2027, and a required extension request deadline six weeks earlier.
During the public portion, David So to, representing The Structures Group, told the board the existing timber retaining wall was deteriorating faster than expected and the property owners decided a new structure was necessary. He said the proposed wall would tie into the existing grade and align with previously approved work.
No other public speakers addressed the matter. Board members said the proposed work appeared necessary and minimal in scope; a motion to adopt the staff resolution to grant the exception carried on roll call with unanimous affirmative votes.
The approval is conditioned on submission of the mitigation plan equaling one-half planting unit (six shrubs), obtaining required permits, posting a $500 surety, and recording an affidavit with the Williamsburg–James City County courthouse; the approval will become null if construction has not begun by July 8, 2027 without an approved extension request.

