March, 2016 Wetlands Board Applications

Transcription

1 March 16, 2016 TO: Wetlands Board Members FROM: Richard W. Scarper RE: March, 2016 Wetlands Board Applications Attached are the Planning Department's administrative comments for the following wetlands/dunes applications to be heard at the March 21, 2016 Wetlands Board Public Hearing. NEW BUSINESS C. GEORGE KARAVOLOS 2016-WTRA NEW BUSINESS A.CITY OF VIRGINIA BEACH, ET AL VB W B.CITY OF VIRGINIA BEACH, ET AL 2015-WTRA C.ERIC & DENISE HINKLE 2015-WTRA D.U.S. FISH AND WILDLIFE SERVICE 2015-WTRA E. TERRY COMPANIES FIVE, LLC 2016-WTRA-00026

2 F. ST. MARTIN PROPERTIES, LLC 2016-WTRA G. MAHESH R. PATEL 2016-WTRA Please contact me if you have any questions regarding these comments: RWS:--- Attachments: C: Barry Frankenfield Emiliee Jessen VIMS Justin Worrell Kay Wilson David Compton NOTE: 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.

3 OLD BUSINESS This is a request to maintenance dredge by mechanical method approximately 220 cubic yards to -3 MLW and install and backfill an approximate 141 linear foot treated timber sheet pile bulkhead. Approximately 100 cubic yards of uplands will also be dredged. Dredge spoils will be transferred to sealed trucks on-site and disposed of off-site in a lawful manner. The applicant s agent has indicated that approximately 125 square feet of tidal vegetated and approximately 8 square feet of tidal non-vegetated wetlands will be impacted. The applicant's shoreline is experiencing erosion due in part to failure of an existing vertical structure. Adjacent properties have experienced similar erosion problems and have been similarly bulkheaded and maintenance dredged. The Virginia Institute of Marine Science (VIMS) has indicated that there will not be a VIMS report generated for VMRC George Karavolos since the proposed project is not for shoreline erosion control. The applicant has indicated that in order to establish boat slips, the loss of approximately 125 square feet of vegetated and approximately 8 square feet of non-vegetated wetlands are unavoidable. The revised application proposes the establishment of approximately 40 square feet of vegetated wetlands via excavation of uplands and enhancement/infill of approximately 28 square feet of sparsely vegetated wetlands. The balance of wetland resource loss will be compensated via payment of an in-lieu fee. Accordingly, the Planning Department recommends the project be approved subject to: 1. The subject 40 square foot vegetated wetlands area shall be over-excavated 18 and backfilled with beach quality sand to elevation The 40 square foot wetland bench and 28 square foot infilled marsh shall be in receipt of cordgrass sprigged 12 on center. 3. 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.

4 NEW BUSINESS A. CITY OF VIRGINIA BEACH, ET AL VB W This is a request to perform new dredge activity by hydraulic method approximately 318 square feet of vegetated and approximately 23,975 square feet of non-vegetated wetlands to a maximum depth of -4.5 MLW. Dredged material will be piped and deposited within the Lake Rudee dredge disposal area. Said dredge disposal area was created for the purpose of depositing dredge material from projects within the Lake Rudee drainage area. The project is a tributary of the Owls Creek watershed and lies within the Shadowlawn area. During earlier discussions, the Planning Department conveyed a desire to pursue in-stream or within the watershed compensation for displaced vegetated and non-vegetated wetlands. The applicant s agent has indicated that on or offsite mitigation was not evaluated pursuant to the 2008 Federal Mitigation Rule. Said rule instructs that on and off-site mitigation is not to be evaluated unless there are no mitigation bank or in-lieu fee credits. Accordingly, the project will utilize available in-lieu fee credits from the Virginia Aquatic Resources Trust Fund to compensate for tidal vegetated wetland and tidal non-vegetated wetland impacts, as well as the vegetated wetlands encroachments within the 4X buffer. Vegetated wetlands will be mitigated at a 1:1 ratio, inclusive of the 4x buffer encroachment. Non-vegetated wetlands will mitigated at a 0.5:1 ratio. These compensation ratios have been discussed with the Corps of Engineers and DEQ. The Planning Department affirms this approach to compensate for both short and long-term loss of the marine environment resource. Due to the project's potential for moderate impact to wetlands and marine resources, the Planning Department recommends the project be approved as submitted. Note: If practicable, the Planning Department encourages the applicant to consider the use of forebays at stormwater outfalls at the upstream dredge channels.

5 B. CITY OF VIRGINIA BEACH, ET AL 2015-WTRA This is a request to perform new and maintenance dredge activity by hydraulic method approximately 5,285 square feet of non-vegetated to a maximum depth of -4 MLW. Dredged material will be piped and deposited within the Lake Rudee dredge disposal area. Said dredge disposal area was created for the purpose of depositing dredge material from projects within the Lake Rudee drainage area. The project is a tributary of the Owls Creek watershed and lies within the Harbor Point area. During earlier discussions, the Planning Department conveyed a desire to pursue in-stream or within the watershed compensation for displaced vegetated and non-vegetated wetlands. The applicant s agent has indicated that on or offsite mitigation was not evaluated pursuant to the 2008 Federal Mitigation Rule. Said rule instructs that on and off-site mitigation is not to be evaluated unless there are no mitigation bank or in-lieu fee credits. Accordingly, the project will utilize available in-lieu fee credits from the Virginia Aquatic Resources Trust Fund to compensate for tidal vegetated wetland and tidal non-vegetated wetland impacts, as well as the potential vegetated wetlands encroachments within the 4X buffer. Vegetated wetlands will be mitigated at a 1:1 ratio, inclusive of the 4x buffer encroachment. Non-vegetated wetlands will mitigated at a 0.5:1 ratio. These compensation ratios have been discussed with the Corps of Engineers and DEQ. The Planning Department affirms this approach to compensate for both short and long-term loss of the marine environment resource. Due to the project's potential for moderate impact to wetlands and marine resources, the Planning Department recommends the project be approved as submitted. Note: As proffered and if practicable, the Planning Department encourages the applicant to consider the use of forebays at stormwater outfalls at the upstream dredge channels.

6 C. ERIC & DENISE HINKLE 2015-WTRA This is a request to cut and fill the primary dune, construct a three-story single family residence, open-pile second-story deck, side residence walkway, and driveway. Open-pile pedestrian walkways to the beach were not identified on the site plan. The project is located on the Chesapeake Bay in the Chesapeake Beach area. The project involves alteration to a coastal primary sand dune as defined in the Coastal Primary Sand Dune Zoning Ordinance and accompanying State enabling legislation. The applicant has stated that the primary purpose for the project is to construct a single-family residence on a legally platted lot. The Coastal Primary Sand Dune Protection Act declares that it is the "policy of the Commonwealth whenever reasonably necessary to preserve and protect coastal primary sand dunes and to prevent their despoliation and destruction and whenever practical to accommodate necessary economic development in a manner consistent with the protection of such features." The Planning Department affirms development of Lot 5 as submitted inasmuch as the subject improvements are consistent with that approved by the Wetlands Board at the June 20, 2011 Public Hearing. Moreover, coastal site conditions are relatively in the same locale as that of In adopting legislation governing coastal primary dunes, the General Assembly recognized that dunes in their natural state serve as protective barriers from coastal storms and flooding, provide an essential source of natural sand replenishment for beaches, is important natural habitat for coastal fauna, and are important to the overall scenic and recreational attractiveness. As such, any and all efforts should be made to locate any improvement on Lot 5 as far landward as reasonably possible consistent with the General Assembly legislation directive. In 1989, the General Assembly amended the Primary Dune and Beach Act definition and noted that mounds of sand deposited for beach nourishment cannot be employed to determine limits of a coastal primary dune. The Coastal Primary Sand Dunes/Beaches Guidelines note that building on the dune backface is less deleterious to the functions of the dunes so long as significant amounts of material are not excavated.

7 Additionally, the Guidelines note that the dune backface is the natural zone of deposition in the dune system. Accordingly, due to the project's potential for minimal impact to the primary coastal dune resource, the Planning Department recommends the project be approved subject to: 1. Post construction, all portions of the primary dune devoid of vegetation and seaward of the principal structure shall be sprigged with American beachgrass 18 inch on center. Note on the site plan. 2. One open-pile pedestrian walkway shall be permitted for Lots 5 and 24 over the primary dune. D. U.S.FISH & WILDLIFE 2015-WTRA This is a request to install and backfill quarry stone marsh sills, sprig backfilled areas with emergent wetlands 18 on center, Install an approximate 96 linear foot quarry stone revetment, and temporary matting. The project request consists of two settings on Back Bay eastern Sand Bay and Western North Bay. The eastern site is adjacent to the Back Bay Wildlife Refuge Visitor Contact Station and will involve four marsh sills, totaling 307 linear feet and one 96 linear foot revetment. The western site is off Horn Point Road and involves three marsh sills, totaling 473 linear feet. Both sites have been hardened with either concrete pavers or rubble revetments. Both shorelines exhibit moderate erosion. The applicant s agent has indicated that for the Horn Point site, approximately 5,173 square feet of non-vegetated wetlands will be impacted with an additional anticipated 2,120 square feet of impacts attributable to the temporary matted accessways. The applicant s agent has indicated that for the Visitor s Contact Station site, approximately 4,211 square feet of nonvegetated and approximately 738 square feet of vegetated wetlands will be impacted with an additional anticipated 4,640 square feet of temporary impacts attributable to the matted accessways. Wetlands compensation/conversion for the eastern Back Bay Wildlife Refuge Visitor Contact Station is approximately 4,442 s.f. of vegetated wetlands. Wetlands compensation/conversion off Horn Point Road is approximately 13,064 s.f. of vegetated wetlands. The applicant's shoreline is experiencing erosion due in part to failure of an existing stone/concrete rubble revetment, concrete pavers, and banks subjected to erosion induced by

8 coastal storm events. Adjacent properties have experienced similar erosion problems and have historically been similarly rehabilitated. The Virginia Institute of Marine Science has indicated that the preferred approach for erosion control and to preserve and maintain tidal wetland ecosystems is as follows: It would be beneficial to the tidal shoreline ecosystem to remove existing shoreline structures and restore the connection between the upland and intertidal area; allowing the complex interactions and processes between the terrestrial and aquatic systems to occur. If portions of the existing upland bank are eroding or vertical edges exists, it is recommended to grade the bank to reduce the steepness of the slope and achieve a maintainable slope that will provide for gentle wave run-up and sustain the growth of vegetation on the face of the bank. Densely plant the bank with a variety of deep-rooted woody shrubs and perennial grasses at appropriate elevations. Grading should ONLY be conducted as necessary, where essential, and done as minimally as possible to achieve the necessary slope. We recommend planting an integrated riparian and marsh buffer extending from mid-tide to 100 feet inland from the top of bank. Enhance the riparian buffer (a minimum 100 feet landward from top of bank) with a variety of native, deep-rooted vegetation to provide erosion control and water quality benefits to this shoreline. Minimize the amount of waterfront lawn area in the riparian area; Reduce the amount of routine mowing in the riparian buffer; Selectively remove dead, dying and severely leaning trees at top of bank; Prune branches with weight bearing load over the water and top of bank. Increase the ability to slow down wave energy along this shoreline by widening the existing marsh fringe and

9 planting fringe marsh where it does not currently exist along the shoreline. Construct a properly sized rock sill placed offshore from the marsh edge. The site-specific suitability for the sill must be determined, including bottom hardness, navigation conflicts, construction access limitations, orientation and available sunlight for marsh plants. o Planting new marsh may require the placement of sand fill to raise the elevation to what is necessary to support wetland vegetation o Periodically monitor marsh for signs of damage and dead plants, especially after a storm and after installation. The Planning Department is of the opinion the project should be approved subject to: 1. The subject marsh sill armor stone crest elevation shall be increased a minimum of 6 above MHW. 2. The filter fabric along the backfilled sand portion of the marsh sill shall be extended and anchored a minimum of 6 above the bench elevation. 3. For the western Horn Point Road portion of the project, all riprap rubble shall be removed and disposed off-site in a legal manner. 4. 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. Note: The applicant should speak to the subject bench fringe marsh elevations inasmuch as they lean to the lower elevation of tolerance for the design life of the project and select emergent plant species. E. Terry Companies Five, LLC 2016-WTFA-0026 This is a request to install an approximate 10 x20 open-pile deck with additional extensions on and adjacent to the existing seawall. The total area of the subject request is 409 s.f. The project involves alteration to a coastal primary sand dune / beach as defined in the Coastal Primary Sand Dune Zoning Ordinance and accompanying State enabling legislation. The dune system is likely the result of on-going beach

10 nourishment, the applicant s continued initiatives to maintain and build a primary dune system and lack of any significant storm events. The Coastal Primary Sand Dune Protection Act declares that it is the "policy of the Commonwealth whenever reasonably necessary to preserve and protect coastal primary sand dunes/beaches and to prevent their despoliation and destruction and whenever practical to accommodate necessary economic development in a manner consistent with the protection of such features." The Planning Department supports the application in-light of the recently installed seawall and reduction of the footprint from that approved almost one year ago a reduction of 79 square feet. The Wetlands Guidelines note that construction on the dune crest or seaward of dune crest is ordinarily not justified. The beach backshore is the primary sand supply for the primary dune and the foreface and crest of the deposit are the most active transport zones in the dune system. As such, construction on the beach backshore, frontal face and crest is thus likely to disrupt the transport system. In particular, construction on the crest and/or frontal face will cause local deflation of the sand elevations thereby causing local weakness in the integrity of the dune system. Each time a dune elevation is lowered or a portion of the dune line is removed, the protective capabilities of the dune are compromised not only at that site, but adjacent areas as well. In order for the dunes to offer the maximum flood and erosion protection, they must be maintained as a relatively uniform, uninterrupted dune line. Accordingly, the Planning Department recommends the project be approved subject to: 1. Vegetation within limits of construction shall be restored in-kind immediately following completion. F. ST. MARTIN PROPERTIES, LLC 2016-WTRA This is a request to install a 271 linear foot vinyl bulkhead, dredge via mechanical method to -3 MLW approximately 110 sf (12 cubic yards), and reconstruct an existing boat ramp. The project is located on Thalia Creek in the Pembroke Meadows

11 area. The applicant s agent has indicated that approximately 110 square feet of non-vegetated wetlands will be impacted attributable to dredge activity. The proposed vinyl bulkhead will be installed in-line with the dilapidated wooden bulkhead. The applicant's shoreline is experiencing erosion due in part to failure of a vertical bulkhead with resultant loss of backfill material. Adjacent properties have experienced similar erosion problems and have historically been similarly rehabilitated. The Virginia Institute of Marine Science has indicated that the preferred approach for erosion control and to preserve and maintain tidal wetland ecosystems is as follows: This shoreline has a low fetch. Provide stabilization and wave attenuation along this shoreline by planting riparian and marsh vegetation. The planting area for an integrated vegetated (marsh and riparian) buffer should extend from mid-tide to the upland area (100 feet inland from top of bank), with vegetation planted at appropriate elevations. It would be beneficial to the tidal wetland ecosystem to remove the existing bulkhead and restore the connection between the upland and the intertidal area. Bulkheads sever the connection between the upland and the intertidal area interrupting the natural water/land continuum to the detriment of natural shoreline ecosystems. It may be appropriate to grade the bank in select areas to reduce the steepness of the slope to allow wave run-up and to achieve a properly vegetated bank. Grading should only be conducted 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, deep-rooted plants placed at appropriate elevations. Riparian Buffer deep-rooted grasses, shrubs, and small trees within 100 feet (minimum) from the top of bank; selectively remove and/or prune dead, dying, and severely leaning trees as necessary; Marsh Buffer widening marsh vegetation. The target area for marsh vegetation should extend from mid-tide to an elevation 1.5 times the tide range above mean low water (the upper limit.

12 of which may be observed by the presence of upland vegetation). o Planting new marsh may require the placement of sand fill to achieve the appropriate elevation and/or the use of fiber logs to hold the sand in place. o Periodically monitor marsh for signs of damage and dead plants, especially after installation and after a storm. o Tree limbs may need to be periodically trimmed to allow sunlight to reach the marsh grass and allow it to grow. o Marsh that is designed to allow for landward migration is preferred in order to accommodate sea level rise. Some sections of this project shoreline are deemed Areas 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. Bulkhead options should be limited to restricted navigation areas only. Bulkheads sever the connection between the upland and the intertidal area interrupting the natural water/land continuum to the detriment of natural shoreline ecosystems. If bulkhead replacement is the only viable option, the new bulkhead should be in the same alignment or landward from the original bulkhead position to avoid impacts. The Planning Department recommends the project be approved subject to: 1. The quarry stone seaward of the new bulkhead between reference points M-O shall be removed and disposed of off-site in a lawful manner. 2. The contractor shall employ construction matting within the defined limits of construction associated with both vegetated and non-vegetated wetlands landward of the new

13 vinyl bulkhead. Note: The applicant shall comment on the ability to retain grade elevations both seaward and landward of the dilapidated bulkhead post-removal. G. Mahesh R. Patel 2016-WTRA This is a request to install a 52 beach open-pile walkway and 10 x10 deck over the dune crest. The project involves alteration to a coastal primary sand dune / beach as defined in the Coastal Primary Sand Dune Zoning Ordinance and accompanying State enabling legislation. The project is located in Croatan along the Atlantic Ocean. The subject reach of dune and beach resource has been under assault within the last decade and erosion rates are moderate. The Coastal Primary Sand Dune Protection Act declares that it is the "policy of the Commonwealth whenever reasonably necessary to preserve and protect coastal primary sand dunes/beaches and to prevent their despoliation and destruction and whenever practical to accommodate necessary economic development in a manner consistent with the protection of such features." The Planning Department is of the opinion that the subject request in conflict with Commonwealth policy inasmuch the subject deck platform lies along the dune crest and face. The Wetlands Guidelines note that construction on the dune crest or seaward of dune crest is ordinarily not justified. The beach backshore is the primary sand supply for the primary dune and the foreface and crest of the deposit are the most active transport zones in the dune system. As such, construction on the beach backshore, frontal face and crest is thus likely to disrupt the transport system. In particular, construction on the crest and/or frontal face will cause local deflation of the sand elevations thereby causing local weakness in the integrity of the dune system. Each time a dune elevation is lowered or a portion of the dune line is removed, the protective capabilities of the dune are compromised not only at that site, but adjacent areas as well. In order for the dunes to offer the maximum flood and erosion protection, they must be maintained as a relatively uniform, uninterrupted dune line.

14 Accordingly, the Planning Department recommends the project be approved subject to: 1. The 10 x10 deck platform shall be relocated landward and lie adjacent to the existing retaining wall. 2. Dune vegetation within the limits of construction shall be restored in-kind immediately following completion of the project.