Wetlands Board Hearing Procedures

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2 Wetlands Board Hearing Procedures The Virginia Beach Wetlands Public Hearing is held at 10:00 a.m. in the Council Chamber of the City Hall Building, Municipal Center. A staff briefing is held at 8:45 a.m. in the City Manager s Conference Room, Room 234, Building 1. Those members of the public interested in attending the 10:00 a.m. Public Hearing should be advised that, for reasons the Wetlands Board deems appropriate, certain items on the agenda may be heard out of order and that it should not be assumed that the order listed in this document will be exactly followed during the public hearing. PLEASE TURN YOUR CELL PHONE OFF OR TO VIBRATE WHILE IN THE COUNCIL CHAMBER. THE ADMINISTRATIVE COMMENTS CONTAINED IN THE ATTACHED AGENDA CONSTITUTE STAFF RECOMMENDATIONS FOR EACH APPLICATION AND ARE ADVISORY ONLY. FINAL DETERMINATION OF THE APPLICATION IS MADE BY THE VIRGINIA BEACH WETLANDS BOARD AT THE PUBLIC HEARING. IF YOU ARE ATTENDING THE HEARING AND DESIRE TO SPEAK ON AN ITEM, SIGN IN WITH THE CLERK IN THE COUNCIL CHAMBER PRIOR TO THE MEETING. THE FOLLOWING DESCRIBES THE ORDER OF BUSINESS FOR THE PUBLIC HEARING (IF YOU DO NOT UNDERSTAND, ASK A STAFF MEMBER SITTING AT THE DESK AT THE FRONT OF THE CHAMBER). 1. WITHDRAWALS AND DEFERRALS: The first order of business is the consideration of withdrawals or requests to defer an item. The Board will ask those in attendance at the hearing if there are any requests to withdraw or defer an item that is on the agenda. PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING WITHDRAWN OR DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN. a. An applicant may WITHDRAW an application without the Boards approval at any time prior to the commencement of the public hearing for that item. After the commencement of the hearing, however, the applicant must request that the Wetlands Board allow the item to be withdrawn. b. In the case of DEFERRALS, the Board s policy is to defer the item FOR AT LEAST 60 DAYS. Although the Board allows an item to be deferred upon request of the applicant, the Board will ask those in attendance if there are any objections to the request for deferral. If you wish to oppose a deferral request, let the Board know when they ask if there is anyone in attendance who is opposed to the deferral. PLEASE confine your remarks to the deferral request and do not address the issues of the application in other words, please let the Board know why deferring the application is unacceptable rather than discussing what your specific issue is with the application. Wetlands Board Agenda October 15, 2018

3 2. REGULAR AGENDA: The Board will then proceed with the remaining items on the agenda, according to the following process: a. The applicant or applicant s representative will have 10 minutes to present the case. b. Next, those who wish to speak in support to the application will have 3 minutes to present their case. c. If there is a spokesperson for the opposition, he or she will have 10 minutes to present their case. d. All other speakers not represented by the spokesperson in opposition will have 3 minutes. e. The applicant or applicant s representative will then have 3 minutes for rebuttal of any comments from the opposition. f. There is then discussion among the Board members. No further public comment will be heard at that point. The Board may, however, allow additional comments from speakers if a member of the Board sponsors them. Normally, you will be sponsored only if it appears that new information is available and the time will be limited to 3 minutes. g. The Board does not allow slide or computer generated projections other than those prepared by the Planning Department Staff. h. The Board asks that speakers not be repetitive or redundant in their comments. Do not repeat something that someone else has already stated. Petitions may be presented and are encouraged. If you are part of a group, the Board requests, in the interest of time, that you use a spokesperson, and the spokesperson is encouraged to have his or her supporters stand to indicate their support. The Staff reviews of some or all of the items on this agenda suggest that certain conditions be attached to approval by the Wetlands Board. However, it should not be assumed that those conditions constitute all the conditions that will ultimately be attached to the project. Staff agencies may impose further conditions and requirements during administration of applicable City ordinances. Wetlands Board Agenda October 15, 2018

4 8:45 A.M. STAFF BRIEFINGS & DISCUSSION - ROUTE MAIL (IF ANY) - TRAINING (IF ANY) - REVIEW OF PUBLIC HEARING AGENDA ITEMS 10:00 A.M. PUBLIC HEARING OLD BUSINESS WETLANDS WTRA Robert Lincoln, et al [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To construct riprap and a bulkhead involving wetlands 404 & 408 Wolfs Neck Trail (GPINs & ) Waterway Eastern Branch of the Lynnhaven River Subdivision Chesopeian Colony Council District Beach WTRA Neil C. Thompson [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To construct bulkhead involving wetlands 2821 Wood Duck Drive (GPIN ) Waterway Sand Broad Inlet Subdivision Sandbridge Council District Princess Anne Wetlands Board Agenda October 15, 2018

5 WTRA Jeramy & Natalie Biggie [Applicant/Owner] DEFERRED FROM SEPTEMBER HEARING To remove existing bulkhead and construct a rip rap revetment involving wetlands 409 Susan Constant Drive (GPIN ) Waterway Stratton s Creek Subdivision Princess Anne Hills Council District Lynnhaven NEW BUSINESS WETLANDS WTRA Bryan Garnett [Appliant/Owner] To construct a bulkhead and rip rap involving wetlands 1428 N. Woodhouse Road (GPIN ) Waterway Linkhorn Bay Subdivision Alanton Council District Lynnhaven Wetlands Board Agenda October 15, 2018

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7 Application Number 2016-WTRA Property Owner Robert Lincoln, et al Public Hearing October 15, 2018 City Council Election District Beach REQUEST FOR ONE YEAR EXTENSION Agenda Item 1 Agent Eric Bartlett, Shoreline Design Construction Location 404 & 408 Wolfs Neck Trail GPIN & Proposal To construct riprap and a bulkhead involving wetlands Waterway Eastern Branch of the Lynnhaven River Subdivision Chesopeian Colony Robert Lincoln, et al Agenda Item 1 Page 1

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9 Application Number 2017-WTRA Property Owner Neil C. Thompson Public Hearing October 15, 2018 City Council Election District Princess Anne REQUEST FOR ONE YEAR EXTENSION Agenda Item 2 Agent Bob Simon, Waterfront Consulting, Inc. Location 2821 Wood Duck Drive GPIN Proposal To construct a bulkhead involving wetlands Waterway Sand Broad Inlet Subdivision Sandbridge Neil C. Thompson Agenda Item 2 Page 1

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11 Application Number 2018-WTRA Property Owner Jeramy & Natalie Biggie Public Hearing September 17, 2018 City Council Election District Lynnhaven DEFERRED FROM SEPTEMBER HEARING Agenda Item 3 Agent Robert E. Simon, Waterfront Consulting, Inc. Location 409 Susan Constant Drive GPIN Proposal To remove existing bulkhead and construct a 595 linear foot rip rap revetment Staff Recommendation Approval as Modified Waterway Stratton s Creek Subdivision Princess Anne Hills Impacts Vegetated Wetlands: 1 square feet Non-vegetated Wetlands: 5 square feet Subaqueous bottom: 2,380 square feet Overall length of proposed structure: 595 feet Proposed Mitigation and/or Compensation Onsite compensation and payment of in-lieu fee VIMS Preferred Shoreline BMP Maintain/Enhance/Create Marsh and Land Use Management Jeramy & Natalie Biggie Agenda Item 3 Page 1

12 Site Aerial CBPA Variances and Wetlands Board Permit History This property is located in the Chesapeake Bay Watershed. There were no recent CBPA Board Variances or Wetlands permits found for this property. Jeramy & Natalie Biggie Agenda Item 3 Page 2

13 Site Plan Jeramy & Natalie Biggie Agenda Item 3 Page 3

14 Site Photos Jeramy & Natalie Biggie Agenda Item 3 Page 4

15 Summary of Proposal The applicant is proposing to remove the existing, failing bulkhead and place approximately 595 linear feet of Class I and A1 rip rap along the shoreline. The rip rap will extend 4 feet channelward of the existing bulkhead, and the existing shoreline will be graded back 13 feet. The proposed rip rap will impact 5 square feet of non-vegetated wetlands and 1 square foot of vegetated wetlands where a salt bush is growing in a pocket where the existing bulkhead has failed. The proposed rip rap will create 1,094 square feet of non-vegetated rock habitat. The primary purpose of this project is for shoreline maintenance to halt erosion. Evaluation and Staff Recommendations The bulkhead is failing and is in need of replacement. A living shoreline is not suitable in this location due to the depth of the existing canal and the large amount of space needed to create the appropriate shoreline grade. While rip rap will necessitate a considerable amount of the applicant s yard to be graded to establish the appropriate slope, the applicant is interested in replacing the existing bulkhead with rip rap. This will result in the conversion of 1,094 square feet of upland to non-vegetated rock habitat. Staff acknowledges that rip rap is an appropriate method of shoreline stabilization along the west side of the property and around the point. However, the channel along the east side of the property is very narrow and the proposed channelward portion of the proposed rip rap has the potential to impede navigation for other property owners located further up the canal. The rip rap s proposed 4-foot encroachment into the canal, and the additional 12-feet of encroachment of the boatlift (16-feet total) would obstruct the watercourse and the riprap and Boatlift should not be approved as currently proposed pursuant to the City Code Chapter 6, Article VI. Sec There appears less intrusive locations to install the boatlift. Accordingly, the Department of Planning and Community Development Staff recommends that the application be approved as modified with the following conditions: 1. Shoreline stabilization between points A and K on the plans sealed on July 31, 2018 shall extend no further channelward than the existing bulkhead. 2. During the pre-construction meeting, all trees proposed for removal shall be identified. All trees removed shall be mitigated onsite at a 1:1 ratio. 3. Revised Plans shall be submitted to the VMRC and shall ultimately be approved by the Department of Planning and Community Development prior to the issuance of a building permit. Staff recommends that the Board accept on site compensation for the 5 square feet of non-vegetated wetlands losses and payment of an in-lieu fee for the 1 square feet of vegetated wetlands losses. Next Steps - Wetlands Board decisions can be reviewed by or appealed to the Marine Resource Commission. The Marine Resource Commission must receive the appeal request within 10 day of the hearing. Accordingly, no approvals can be issued until at least 10 days after the hearing. Jeramy & Natalie Biggie Agenda Item 3 Page 5

16 - Following the Wetlands Board meeting, applicants and their agents can expect to receive a Board Actions Summary via . - Within 14 days of the Wetlands Board hearing, applicants and their agents can expect to receive a letter detailing any fees owed, any revisions required, and next steps to obtain their permit. All questions related to Board decisions or information required to obtain a permit can be directed toward the City of Virginia Beach Planning Department Waterfront Operations Division at Jeramy & Natalie Biggie Agenda Item 3 Page 6

17 Application Number 2018-WTRA Property Owner Bryan Garnett Public Hearing October 15, 2018 City Council Election District Lynnhaven Agenda Item 4 Agent Robert E. Simon, Waterfront Consulting, Inc. Location 1428 N. Woodhouse Road GPIN Proposal To construct a bulkhead and rip rap involving wetlands Staff Recommendation Approval as Submitted Waterway Linkhorn Bay Subdivision Alanton Impacts Non-vegetated Wetlands: 298 square feet Subaqueous bottom: 1,434 square feet Overall length of proposed structure: 94 feet rip rap; 724 feet bulkhead Volume of backfill: Approx. 160 cubic yards Proposed Mitigation and/or Compensation On site and in-lieu fee VIMS Preferred Shoreline BMP Maintain/Enhance/Create Marsh, Plant Marsh with Sill, or Construct a Revetment Bryant Garnett Agenda Item 4 Page 1

18 Site Aerial CBPA Variances and Wetlands Board Permit History This property is located in the Chesapeake Bay watershed. There was a CBPA Board Variance granted in September 2018 to construct a shed, garage, swimming pool, patio and pool house. A previous CBPA Board Variance had been granted in September 1997 for a detached garage/guest house, which has been constructed. Wetlands Board permits were granted in 2009 and 1990 to construct riprap and bulk heading along multiple areas of the shoreline. These improvements have been constructed, and are not a part of the current application. Bryant Garnett Agenda Item 4 Page 2

19 Site Plan Bryant Garnett Agenda Item 4 Page 3

20 Site Photos Bryant Garnett Agenda Item 4 Page 4

21 Summary of Proposal The applicant is proposing to install 724 linear feet of bulkhead 2 feet channelward of the existing bulkhead along the eastern side of the property. The proposed bulkhead will impact 1,434 square feet of sub-aqueous land and 28 square feet of non-vegetated wetlands in areas of washout behind the existing bulkhead. The applicant is proposing to pay an in-lieu fee for the 28 square feet of non-vegetated wetlands impacts attributed to the bulkhead construction. In addition, 94 linear feet of Class A1 quarry stone riprap is proposed in tidal sand flats, in-between the two existing riprap revetments along the southern shoreline. The proposed riprap will convert approximately 270 square feet of nonvegetated wetlands to non-vegetated rock habitat. The primary purpose of the proposed project is to prevent further upland erosion of the shoreline and to perform maintenance on the bulkhead. Evaluation and Staff Recommendations This 3.3-acre property is almost entirely surrounded by water. This extensive amount of shoreline exist as bulkhead, riprap, and in a natural state. The bulkhead along the eastern shoreline shows signs that it is reaching the end of its useful lifespan. There is a loss of backfill resulting in 14 square feet of non-vegetated wetlands behind the existing bulkhead, and another area where 14 square feet of non-vegetated wetlands will be lost due to construction of the southern return wall. While the VIMs Preferred Shoreline BMP for this portion of the property is a revetment or to create a marsh with sill, the majority of the shoreline has a northeast fetch of 2,500 feet. In addition, this portion of Linkhorn Bay is 1,500 feet wide subjecting this stretch of shoreline to storm waves, making a marsh with sill a poor choice in this location. Rip rap is proposed along the exposed bank on the southern shoreline. This area is an unprotected gap between two existing rip rap revetments and erosion that has undermined the bank. The applicant is proposing to place the rip rap directly against the existing bank to minimize impacts and to tie into the existing rip rap on either side. While the VIMs Preferred Shoreline BMP for this portion of the property is to create a marsh, the existing bank is heavily wooded and is very steep. A large portion of the property would have to be cleared of mature trees and graded, or a significant area of subaqueous habitat be filled to create the proper slope necessary to ensure that both the marsh and sill function properly. Accordingly, the Department of Planning and Community Development Staff recommends that the application be approved as submitted. Staff recommends that the Board accept on-site compensation for the 270 square feet of nonvegetated sand flat that will be converted to non-vegetated rock habitat, and payment of an in-lieu fee for the 28 square feet of non-vegetated wetlands that will be impacted by the replacement bulkhead. Next Steps Wetlands Board decisions can be reviewed by or appealed to the Marine Resource Commission. The Marine Resource Commission must receive the appeal request within 10 day of the hearing. Accordingly, no approvals can be issued until at least 10 days after the hearing. Following the Wetlands Board meeting, applicants and their agents can expect to receive a Board Actions Summary via . Within 14 days of the Wetlands Board hearing, applicants and their agents can expect to receive a letter detailing any fees owed, any revisions required, and next steps to obtain their permit. All questions related to Board decisions or information required to obtain a permit can be directed toward the City of Virginia Beach Planning Department Waterfront Operations Division at Bryant Garnett Agenda Item 4 Page 5

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