Wetlands Board Hearing Procedures

Transcription

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2 Wetlands Board Hearing Procedures The Virginia Beach Wetlands Public Hearing is held at 10:00am in the Council Chamber of the City Hall Building, Municipal Center. A staff briefing is held at 8:30am a.m. in the Planning Conference Room of Building 2. Those members of the public interested in attending the 10:00am 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 OFF YOUR CELL PHONE WHILE IN THIS 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 OR THE STAFF MEMBER AT THE DESK OUTSIDE 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 PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING WITHDRAWN OR DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN.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 s 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After the commencement of the hearing, however, the applicant must request that the Wetlands Board allow the item to be withdrawn.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 indefinitely with the understanding that the item will be placed back on the Board s agenda at the earliest possible date. 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. * Deferral ** Withdrawal Wetlands Board Agenda June 18, 2016

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 its 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. * Deferral ** Withdrawal Wetlands Board Agenda June 18, 2016

4 8:30 A.M. STAFF BRIEFINGS & DISCUSSION REVIEW OF PUBLIC HEARING AGENDA ITEMS 10:00 A.M. PUBLIC HEARING A. Penguin, LLC [Applicant] Lynn Schoenbaum [Owner] Replace bulkhead with riprap 1320 Penguin Circle (GPIN ) WATERWAY Great Neck Creek SUBDIVISION Birdneck Point Club COUNCIL DISTRICT LYNNHAVEN B. William & Chrys Morris [Applicant/Owner] Install riprap 3013 Little Island Road (GPIN ) WATERWAY Canal SUBDIVISION Back Bay Meadows COUNCIL DISTRICT PRINCESS ANNE * Deferral ** Withdrawal Wetlands Board Agenda June 18, 2016

5 C. Cecil Cutchins & Richard C. Burroughs [Applicant /Owner] Reconstruct riprap, fill, plant wetlands 1073 / 1081 South Bay Shore Drive (GPIN / ) WATERWAY Linkhorn Bay SUBDIVISION North Linkhorn Park COUNCIL DISTRICT LYNNHAVEN D. Micheal & Nikki Foster [Applicant/Owner] Reconstruct riprap 1444 Carolyn Drive (GPIN ) WATERWAY Linkhorn Bay SUBDIVISION Linlier COUNCIL DISTRICT LYNNHAVEN E. Mary Regan [Applicant/Owner] Construct articulated concrete and mesh mat 3153 Adam Keeling Road (GPIN ) WATERWAY Lynnhaven River SUBDIVISION Great Neck Point COUNCIL DISTRICT LYNNHAVEN * Deferral ** Withdrawal Wetlands Board Agenda June 18, 2016

6 F. Mary S. Jones [Applicant/Owner] Construct bulkhead and riprap 2213 Windward Shore Drive (GPIN ) WATERWAY Broad Bay SUBDIVISION Bay Island COUNCIL DISTRICT LYNNHAVEN * Deferral ** Withdrawal Wetlands Board Agenda June 18, 2016

7 Applicant Lynn Schoenbaum Property Owner Lynn Schoembaum Public Hearing July 18, 2016 City Council Election District Lynnhaven Agenda Item A Staff David Compton Agent Billy Garrington, Governmental Permitting Consultants Location 1320 Penguin Circle GPIN Proposal Remove existing wooden bulkhead Replace with 239 LF Class I riprap Backfill 71 CY Waterway Great Neck Creek Subdivision Birdneck Point Impacts Vegetated Wetlands: 951 s.f. Nonvegetated Wetlands: 0 s.f. Subaqueous bottom: 1,205 s.f. Dune and/or beach: N/A Lynn Schoenbaum 1320 Penguin Circle 2016-WTRA Page 1

8 Site Aerial Background and Summary of Proposal This application proposes to remove a low profile old timber bulkhead and replace it with a riprap revetment with backfill to raise the elevation of the yard. Portions of the bulkhead are beginning to fail, likely from tie-rod failure allowing backfill to escape into the waterway. Adjacent properties have been similarly stabilized with revetments. The application states that the primary purpose for this project is to halt erosion. The secondary purpose is to prevent frequent flooding of the lot. The applicant s engineer of record has indicated that a previous submittal before the CBPA Board was withdrawn because of a neighbor s opposition. The previous submittal provided onsite compensation for vegetated wetland impacts. The current submittal proposes an in-lieu fee. Lynn Schoenbaum 1320 Penguin Circle 2016-WTRA Page 2

9 VIMS Recommendations Along low energy shorelines, providing stabilization and wave attenuation through riparian and marsh vegetation is generally recommended. However, the use of some management options is limited by choices already made on the shoreline, such as the construction of the pool and deck in close proximity to the shoreline and the installation of the existing revetment. Houses and other upland improvements should always be placed well landward of wetlands, the riparian buffer, dunes, channels, or the top of a failing bank. A structure placed too close to the waterway often eliminates the use of some preferred erosion control options. Due to the deeper near-shore depth along this shoreline making vegetative approaches less effective, a revetment is an acceptable alternative approach to controlling erosion along this site. The revetment should be designed to minimize impacts to wetlands and the resource protection area. Maintaining a vegetated riparian buffer in a variety of native grasses, trees, and shrubs is also recommended to provide erosion control benefits to this shoreline. Evaluation and Recommendation The Wetlands Guidelines note that alteration of the shoreline is ordinarily not justified when there are viable alternatives which can achieve the given purpose without adversely affecting marshes, oyster grounds, or other natural resources. The legislature established a policy to preserve the wetlands and to prevent their despoliation and destruction and to accommodate necessary economic development in a manner consistent with wetlands preservation. Compensation for the approximate 951 square feet of vegetated wetlands is offered as an in-lieu fee but it still results in a permanent loss of vegetated wetlands; however, the revetment as proposed will result in creation of approximately 478 square feet of rock habitat. The Planning Department recommends the following alternatives for consideration: Lower the elevation of the revetment/kickplate along the northeastern portion of the project. This minimizes the permanent loss of a portion of vegetated wetlands and the need for backfill material. Onsite compensation may still be possible using a marsh sill and upland revetment with Type I vegetated wetlands within the intertidal zone. The applicant s agent should comment on the feasibility of these alternatives. After hearing sufficient testimony on the feasibility of the above alternatives, the Board may wish to approve the project as submitted. Lynn Schoenbaum 1320 Penguin Circle 2016-WTRA Page 3

10 Applicant William & Chrys Morris Property Owner Willian & Chrys Morris Public Hearing July 18, 2016 City Council Election District Princess Anne Agenda Item B Staff David Compton Agent Angela Walker, Flint Construction Location 3013 Little Island Road GPIN Proposal Construction of: 80 LF Class I granite riprap Plant needlerush Waterway Whiskey Creek Subdivision Back Bay Meadows Impacts Vegetated Wetlands: 98 s.f. Nonvegetated Wetlands: 0 s.f. Subaqueous bottom: 0 s.f. Dune and/or beach: N/A William & Chrys Morris 3013 Little Island Road 2016-WTRA Page 4

11 Site Aerial William & Chrys Morris 3013 Little Island Road 2016-WTRA Page 5

12 Background and Summary of Proposal The application proposes installation of a riprap revetment on an unstabilized bank. The applicant s agent has indicated that the primary purpose of the project is for erosion control. The applicant has indicated that 98 s.f. of vegetated wetlands will be impacted. 98 s.f. of non-vegetated wetlands will be created from uplands and 79 s.f. of vegetated wetlands will be created from uplands. VIMS Recommendations VIMS has indicated that the subject request is in an Area of Special Concern. Areas of Special Concern may include shorelines containing marinas, canals, and commercial or industrial areas with bulkhead or wharf. The preferred shoreline best management practices within Areas of Special Concern will depend on the need for and limitations posed by navigation access. Vegetation approaches (riparian buffer and marsh buffers) should be the first option evaluated when conducting an alternatives analysis for shoreline management options. Vegetation approaches are preferred shoreline best management practices to preserve and maintain tidal wetland ecosystems, where they are appropriate. Vegetation buffers should be included whenever and wherever possible. Revetments are preferred along areas of special concern shorelines where erosion protection is necessary and vegetation alone is not sufficient. Juncus roemerianus is proposed channelward of MHW at the toe of the proposed riprap. Consideration should be given to planting Spartina alterniflora in place of Juncus since Spartina alterniflora typically grows between mid- tide and MHW. Juncus is generally observed growing at or above MHW and may not sustain at the lower elevation. Evaluation and Recommendation The Planning Department is of the opinion the project should be approved subject to the following condition: 1. A monitoring plan shall be provided to Waterfront Operations annually and in the month of October, inclusive of photos, for no less than three growing seasons. William & Chrys Morris 3013 Little Island Road 2016-WTRA Page 6

13 Applicant Cecil Cutchins & Richard C. Burroughs Property Owner Cecil Cutchins & Richard C. Burroughs Public Hearing July 18, 2016 City Council Election District Lynnhaven Agenda Item C Staff David Compton Location 1073 South Bay Shore 1081 South Bay Shore Agent Billy Garrington, Governmental Permitting GPIN Proposal Construction of: Class I granite 138 LF Riprap 56 CY excavated sediment and replace with sand backfill Waterway Linkhorn Bay Subdivision North Linkhorn Park Impacts Vegetated Wetlands: 1,588 s.f. Non-Vegetated Wetlands: 0 Subaqeuous Bottom: 0 Dune and/or beach: 0 Cecil Cutchins & Richard C. Burroughs 1073 & 1081 South Bay Shore Drive 2016-WTRA Page 7

14 Site Aerial Cecil Cutchins & Richard C. Burroughs 1073 & 1081 South Bay Shore Drive 2016-WTRA Page 8

15 Background and Summary of Proposal The applicant proposes to install filter fabric on the landward side of the existing revetment and overlay with one layer of Class I riprap, excavate, and backfill with 12 of sand, and then sprig with Spartina patens 12 on center. The applicant s agent has indicated that the primary purpose of the project is to halt erosion. The secondary purpose is to enhance the property by eliminating the sediment buildup and replacing it with vegetation. The applicant has indicated that sand fill impacted 1,512 s.f. of vegetated wetlands. The sand fill is eroding through the existing vegetated wetlands. The proposed riprap impacts an additional 76 s.f. of vegetated wetlands. The total area of vegetated wetlands post construction will result 1,626 s.f. Sod is proposed for the upper reaches landward of the wetlands. VIMS Recommendations If active erosion is occurring along this shoreline, the preferred approach for erosion control to preserve and maintain tidal wetland ecosystems is to grade the bank and plant a marsh sill. It would be beneficial to the tidal shoreline ecosystem to restore the connection between the upland and the intertidal area by removing the existing revetment if feasible and allowing the natural processes and functions to occur at this ecologically critical intersection between land and water, increasing the probability that tidal shoreline ecosystems will be sustained in the future. After removal of the revetment, the bank may need to be graded in select areas to achieve a gradual slope to allow gentle wave run-up the bank and to facilitate the growth and establishment of vegetation on the bank. Grading should only be conducted as necessary, where essential, and done as minimally as possible to achieve the necessary slope. Banks that are graded should be stabilized with a variety of native plants placed at appropriate elevations. To provide erosion control benefits to this shoreline the Riparian Buffer Area (RPA) should be maintained in a variety of native deep-rooted grasses, shrubs, and small trees within 100 feet (minimum) from the top of bank Limb up tree limbs that are hanging out over the water to allow sunlight to reach the shoreline. Minimize the amount of waterfront lawn area in the buffer; Minimize the amount of routine mowing. If the nearshore area is shallow, slow wave energy down, collect sediment, and increase the distance of the upland bank from tidal wave action by widening existing marsh fringe along this shoreline and planting fringe where it does not exist. The target area for marsh vegetation should extend from mid-tide to an elevation 1.5 times the tide range above mean low water. Planting new marsh may require the placement of sand fill to achieve elevation appropriate for marsh grass. Overhanging tree limbs may need to be pruned to allow sunlight to reach the marsh grass and allow it to grow. Periodically monitor marsh for signs of damage and dead plants, especially after installation and after a storm. Cecil Cutchins & Richard C. Burroughs 1073 & 1081 South Bay Shore Drive 2016-WTRA Page 9

16 Place a properly designed and constructed rock sill channelward of the existing or planted marsh fringe to provide a wave break to the wetland plants. The site suitability for a sill must be determined, including bottom hardness, navigation conflicts, construction access limitations, orientation and available sunlight for plants. Revetment: If the nearshore area is too deep to create marsh fringe and support a rock sill, repair the existing revetment to provide erosion control while minimizing impacts to the marine environment and riparian buffer. Evaluation and Recommendation The Planning Department is of the opinion that the project is primarily maintenance of the existing riprap and control of erosion and stormwater runoff upland. The Planning Department recommends the project should be approved subject to the following condition: 1. The monitoring plan shall be consistent with that submitted on Sheet 8 of 8 of the application. Cecil Cutchins & Richard C. Burroughs 1073 & 1081 South Bay Shore Drive 2016-WTRA Page 10

17 Applicant Michael & Nikki Foster Property Owner Michael & Nikki Foster Public Hearing July 18, 2016 City Council Election District Lynnhaven Agenda Item D Staff David Compton Location 1444 Carolyn Drive Agent Jason Barney, Barney Environmental, Inc. GPIN Proposal Construction of: 348 LF Class I riprap Sand backfill 150 CY Waterway A canal off Linkhorn Bay Subdivision Linlier Impacts Vegetated Wetlands: 0 s.f. Non-Vegetated Wetlands: 769 s.f. Subaqeuous Bottom: 240 sf Michael & Nikki Foster 1444 Carolyn Drive 2016-WTRA Page 11

18 Site Aerial Michael & Nikki Foster 1444 Carolyn Drive 2016-WTRA Page 12

19 Background and Summary of Proposal This application proposes a reconstruction of the existing riprap due to erosion and failure. Additional riprap will be placed. The applicant s agent has indicated that the primary purpose of the project is to repair portions of the revetment that are deteriorating and failing in order to protect the shoreline from erosion. VIMS Recommendations Along low energy shorelines, providing stabilization and wave attenuation through riparian and marsh vegetation is generally recommended. However, the use of some management options is limited by choices already made on the shoreline, such as the construction of the pool and deck in close proximity to the shoreline and the installation of the existing revetment. Houses and other upland improvements should always be placed well landward of wetlands, the riparian buffer, dunes, channels, or the top of a failing bank. A structure placed too close to the waterway often eliminates the use of some preferred erosion control options. Due to the location of the pool and other upland improvements in close proximity to the shoreline and potential navigation restrictions, reworking the existing revetment is an acceptable alternative approach to controlling erosion along this site. Maintaining a vegetated riparian buffer in a variety of native grasses, trees, and shrubs is also recommended to provide erosion control benefits to this shoreline. Waterfront lawn area and routine mowing should be minimized in the Resource Protection Area (RPA). Evaluation and Recommendation It appears that vegetated wetlands may have colonized portions of the area landward and adjacent to the existing timber bulkhead in the vicinity of Points 1, 2, and 6. The applicant should comment on compensation for the vegetated wetland impacts. After hearing testimony about the compensation for the vegetated wetland impacts, the Board could approve the application as submitted, with the appropriate compensation if necessary. Michael & Nikki Foster 1444 Carolyn Drive 2016-WTRA Page 13

20 Applicant Mary Regan Property Owner Mary Regan Public Hearing July 18, 2016 City Council Election District Lynnhaven Agenda Item E Staff David K. Compton Agent Robert Simon, Waterfront Consulting, Inc. Location 3153 Adam Keeling Road GPIN Proposal Install approximately 189 LF of Flex-a- Mat along the bank. Waterway A canal off the Eastern Branch of Lynnhaven River Subdivision Great Neck Point Impacts Vegetated Wetlands: 30 sf Nonvegetated Wetlands: 172 s.f. Subaqueous bottom: 0 Dune and/or beach: 0 Mary Regan 3153 Adam Keeling Road 2016-WTRA Page 14

21 Site Aerial Mary Regan 3153 Adam Keeling Road 2016-WTRA Page 15

22 Background and Summary of Proposal This application proposes to stabilize the existing shoreline with Flex-a-Mat. The applicant has stated that the primary purpose for the project is for bank stabilization. The application indicates that 30 s.f. of vegetated wetlands (salt bush) and 172 s.f of non-vegetated wetlands will be impacted. The applicant has further indicated that the Flex-a-Mat product provides for a 30% void ratio and will accommodate sprigging of wetlands vegetation. VIMS Recommendations Since this is a low energy shoreline, we recommend utilizing the natural benefits of riparian plants and wetland vegetation to provide stabilization and wave attenuation along this shoreline while maintaining the benefits to habitat, primary productivity, and water quality that a natural shoreline provides. If areas of the upland bank are steep (nearing vertical), eroding, and/or vegetation is not growing, grade the bank to achieve a more gradual slope to allow gentle wave run-up the bank and to facilitate the growth and establishment of vegetation on the bank. Grading should only be conducted as necessary, where essential, and done as minimally as possible to achieve the necessary slope. Banks that are graded should be stabilized with a variety of native plants placed at appropriate elevations. Not all banks will require grading. The planting area for an integrated, vegetated riparian and marsh buffer (living shoreline) should extend from mid-tide to a minimum 100 feet into the upland area, with vegetation planted at appropriate elevations. The riparian buffer area should extend from the top of bank to a minimum 100 feet into the upland. Maintain the riparian area in a variety of native deep-rooted grasses, shrubs, and small trees to provide erosion control benefits to this shoreline; Limb up tree limbs that are hanging out over the water to allow sunlight to reach the shoreline. Minimize the amount of waterfront lawn area in the buffer; Minimize the amount of routine mowing. Mary Regan 3153 Adam Keeling Road 2016-WTRA Page 16

23 Marsh Buffer: Slow wave energy down and collect sediment along this shoreline by widening the existing marsh fringe and planting fringe where it does not exist. The target area for marsh vegetation should extend from mid-tide to an elevation 1.5 times the tide range above mean low water. o Planting new marsh may require the placement of sand fill to achieve elevation appropriate for marsh grass. Fiber logs may be necessary to hold the sand in place until the marsh plants become established; o Overhanging tree limbs may need to be pruned to allow sunlight to reach the marsh grass and allow it to grow. o Periodically monitor marsh for signs of damage and dead plants, especially after installation and after a storm. Placing the proposed concrete block mat along the bank is a form of shoreline hardening and would most likely result in the loss of beneficial habitat available to a variety of organisms, reflect waves, and reduce the area where plants can grow. Plants, substrate, and other associated tidal shoreline resources provide a host of ecosystem services and functions that would potentially be diminished along this shoreline if the concrete structures were installed. Evaluation and Recommendation It appears the Flex-a-Mat will be installed in areas of existing wetlands. Further, it appears that additional vegetated wetlands (phragmites) have colonized portions of the shoreline. The applicant s agent should comment on additional vegetated impacts not represented in the application. If the applicant is proposing to eradicate the phragmites, an eradication plan should be submitted. The Planning Department recommends the project be approved subject to: 1. The management of woody vegetation along the shoreline to provide for optimum sunlight penetration. 2. A monitoring plan shall be provided to Waterfront Operations annually and in the month of October, inclusive of photos, for no less than three growing seasons. 3. A phragmites eradication plan, if necessary. Mary Regan 3153 Adam Keeling Road 2016-WTRA Page 17

24 Applicant Mary S. Jones Property Owner Mary S. Jones Public Hearing July 18, 2016 City Council Election District Lynnhaven Agenda Item F Staff David K. Compton Agent Bob Simon, Waterfront Consulting, Inc. Location 2213 Windward Shore Drive GPIN Proposal Install new sheeting in front of existing bulkhead Replace with 137 LF Class I quarrystone riprap Waterway Broad Bay Subdivision Bay Island Impacts Vegetated Wetlands: 0 Nonvegetated Wetlands: 316 s.f. Subaqueous bottom: 251 s.f. Dune and/or beach: 0 Mary S. Jones 2213 Windward Shore 2016-WTRA Page 18

25 Site Aerial Mary S. Jones 2213 Windward Shore 2016-WTRA Page 19

26 Background and Summary of Proposal The project proposes new sheet piles in front of the existing bulkhead, place 137 feet of quarry stone riprap adjacent to the new sheet piles to the bottom whaler. The applicant has stated that the primary purpose for the project is for bulkhead maintenance. The secondary purpose is for recreational boating access. Approximately 316 s.f. of non-vegetated wetlands will be impacted and 251 s.f. of subaqueous bottom impacts against the bulkhead from the placement of the quarry stone riprap are impacted. No onsite compensation is proposed in the application, however it appears that approximately 116 square feet of intertidal rock habitat will be created. An in-lieu fee is offered. VIMS Recommendations If active erosion is occurring along this shoreline, the preferred approach for erosion control to preserve and maintain tidal wetland ecosystems is to grade the bank and plant a marsh sill. It would be beneficial to the tidal shoreline ecosystem to restore the connection between the upland and the intertidal area by removing the existing bulkhead along this shoreline (if feasible) and allowing the natural processes and functions to occur at this ecologically critical intersection between land and water, increasing the probability that tidal shoreline ecosystems will be sustained in the future. Bulkheads sever the connection between the upland and intertidal area interrupting or eliminating natural functions to the detriment of the shoreline ecosystem. The bank may need to be graded in select areas to achieve a gradual slope to allow gentle wave run-up and to facilitate the growth and establishment of vegetation on the bank. Grading should only be conducted as necessary, where essential, and done as minimally as possible to achieve the necessary slope. Banks that are graded should be stabilized with a variety of native plants placed at appropriate elevations A marsh buffer will slow wave energy down, collect sediment, and increase the distance of the upland bank from tidal wave action by planting marsh fringe at the base of the bank. The target area for marsh vegetation should extend from mid-tide to an elevation 1.5 times the tide range above mean low water. Planting new marsh may require the placement of sand fill to achieve the correct elevation appropriate for marsh grass. Overhanging tree limbs may need to be pruned to allow sunlight to reach the marsh grass and allow it to grow. Periodically monitor marsh for signs of damage and dead plants, especially after installation and after a storm Place a properly sized and constructed rock sill channelward of the planted marsh fringe to provide a wave break to the wetland plants and the upland bank, as well as to hold the sand in place. Placing rock channelward of the marsh will not sever the tidal ecosystem natural processes and functions that take place at the land/water interface, increasing the probability that tidal shoreline ecosystems will be sustained in the future. Mary S. Jones 2213 Windward Shore 2016-WTRA Page 20

27 The site suitability for a sill must be determined, including bottom hardness, navigation conflicts, construction access limitations, orientation and available sunlight for plants. According to the VIMS Submerged Aquatic Vegetation (SAV) Survey, SAV habitat is currently mapped in the vicinity along the project shoreline. SAV beds are highly productive ecosystems which provide food and habitat for several fisheries species and help improve water quality by stabilizing sediments and reducing turbidity. The range of SAV beds in the Chesapeake Bay watershed has been greatly reduced from the range in the 1930s, which makes these beds of prime concern for conservation. SAV impacts should be avoided. Evaluation and Recommendation The applicant s agent shall comment on the existence of any submerged aquatic vegetation as noted by VIMS, and installation of filter fabric between the old and new sheeting. The Planning Department recommends the project be approved subject to: 1. Clearly show and label the location of the proposed filter fabric beneath the riprap. 2. Identify the locations Cross Sections A-A and B-B on Sheet 3 of 9. Mary S. Jones 2213 Windward Shore 2016-WTRA Page 21