Something's Wrong in Shadowlawn

The proposed pipe/fill of the Tidal Wetlands in Shadowlawn between Winston Salem/Terrace Ave represents so much more than the obvious destruction and increased flood risk to surrounding properties.  It is unacceptable to force a build on land that is not buildable, risking the properties of surrounding homeowners at a time insurance companies are dropping coverage in the area. This is not the path our City needs to take, yet, many neighborhoods are faced with these same proposals. They absolutely should not be permitted.

The May 2023 Supreme Court ruling, Sackett v EPA, in part, has enabled builders to bypass the agencies that are meant to oversee, assess and ultimately protect us. The Army Corps of Engineers has been removed from overseeing many projects, including this one, in Shadowlawn. The Virginia Marine Resource Center (VMRC) told me this would be an uphill battle for the builder, then on June 8, it was determined, "no permit necessary" from their office for this watershed.

The application for this Wetland Pipe/Fill project notes: Tidal Wetland Impact : 8746 sf. It was submitted on June 8, 2023. By August 4, 2023 the DEQ was able to reclassify these documented Tidal Wetlands as Non Tidal and then issue the pipe/fill permit. There is no impact study done when DEQ issues a permit. I was told there is no appeal for the property owners who will be negatively impacted by this permit/project. No impact study, no appeal for those impacted!!  The builder, however, can appeal if his permit is denied, but homes which will be destroyed have no voice/consideration.

Where is the accountability? Who is scrutinizing these plans? It is illegal for a builder to destroy the property of others, but this current time of legal limbo is making it easy to slip through the cracks. We need the City to deny this type of development on what should remain protected land.

The DEQ was able to reclassify these known and documented Tidal Wetlands in part based on a definition that is controversial and can be read differently. As a result, Wetland Board Jurisdiction for this project has been challenged by the builder. DEQ cannot take the City's jurisdiction away, ultimately it is up to the City to decide jurisdiction, the Wetland Board is discussing their stance currently. We need the city to protect our Wetlands and stand up for the tax payers who live here.

The impact of this new ruling has yet to be felt, citizens do not want their property to be among the examples of destruction before legislation changes. With all we know about the changing weather patterns, increased intensity of storms and tidal flooding, it is only prudent to err on the side of caution. Even with the best engineering, there is still much left to speculation.

These Winston Salem/Terrace Ave Tidal Wetlands have served effectively as a natural flood water mitigation and stormwater run off long before we moved here in 1998. When hurricane Isabel came through in 2003, these wetlands filled to the brim and our homes were kept dry while so much of the city flooded.

The very first time we ever experienced flooding was in 2012 when a builder was permitted to change the lay of the protected land next to us. This minor change, in this same stormwater drainage area, caused flooding within less than a month and continued flooding with each storm. A couple years later, the City CIP project meant to solve all the problems merely created new ones. To date we have incurred close to 30K in out of pocket damages from this construction induced flooding and the new drainage/flooding stemming from changes made to the stormwater run off when the CIP project came to our street.

So many factors cannot be accounted for when calculating the volume of water these Wetlands hold. Each tree they cut down absorbs 150 gallons a day. How can a pipe manage the volume of water these wetlands comfortably hold, flow, and effectively manage. The land that used to absorb much of the water is now being filled and covered with structures and parking creating less absorption and even more run off, where will all this water go? No guarantees, no accountability. Who will pay when we flood this time?

These Tidal Wetlands are one of the rare ecosystems left at the South End of the beach. Despite what the proposal states, there is abundant and active wildlife, vegetation and air cleaning trees thriving in these Tidal Wetlands. We are witnessing Shadowlawn become ShadowGONE as builders/developers are permitted to cut down and destroy tree after tree after tree through overdevelopment for high density and commercial zoning. It only takes one look at the flood zone map to see how these particular Coastal/Tidal Wetlands cannot be undervalued, and certainly can't be matched with engineering!!!

We should be preserving the beauty of this land, what an asset and draw it could be for the Oceanfront Marina District.

Spread the word!! Voice your concerns! We can be part of the change and not victims of it.