Chesapeake Wetlands/CBPA Board August 17, 2011

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1 City of Chesapeake DRAFT MINUTES Wetlands/CBPA Board Development and Permits & Planning Departments Department of Planning 306 Cedar Road PO Box Chesapeake, VA (757) / (757) (757) / (757) August 17, 2011 PRESENT Amy Conley, (Alt.) Member Henry Curling, Member Judy Hinch, Member Whitney Katchmark, Vice-Chair Jim Lane, Chairman George Midgette, Member Barney Ottinger, Member EXCUSED Vickie Greene, (Alt.) Member Ed Weeden, Member STAFF Roxanne Stonecypher, Wetlands Staff, Department of Development & Permits Somer Stoudenmire, Wetlands Staff, Department of Development & Permits Brian Swets, CBPA Staff, Department of Planning Cheryl Taylor, Wetlands Recording Secretary, Dept of Development & Permits Nancy McPherson, CBPA Recording Secretary, Department of Planning CITY ATTORNEY STAFF PRESENT Dana E. Sanford, Assistant City Attorney OTHERS PRESENT Jay Woodward, Environmental Engineer, Virginia Marine Resources Commission CALL TO ORDER Chairman Lane called the Chesapeake Wetlands/CPA Board public hearing to order on Wednesday, August 17, 2011, at 6:00 PM. The recording secretary called the roll. Seven members were present. Vickie Greene and Ed Weeden were excused.

2 Page 2 ACCEPTANCE OF MINUTES Vice-Chair Katchmark made a motion to accept the minutes of the Chesapeake Wetlands/CBPA Board for the July 20, 2011 meeting. Mr. Ottinger seconded the motion. An aye vote of 7-0 carried the motion. (7-0, Katchmark/Ottinger) WETLANDS APPLICATION 1. W PROJECT/LOCATION: 705 Seabrooke Lane APPLICANT/AGENT: Joyce Howe/Flint Construction Co. PROPOSAL: Application to install approximately 95 LF of riprap revetment and a floating pier platform and access ramp. (VMRC # ) SUBDIVISION/LOT #: Seabrooke landing/lot 6 Sec 1 Phase I WATERSHED: Bells Mill Creek, Southern Branch of the Elizabeth River TAX MAP SECTION/PARCEL: Background This application was for Joyce Howe of 705 Seabrooke Lane of the Seabrooke Landing subdivision which is off Bells Mill Road. A photo of the neighborhood was shown. The work was to install 95 LF of class I riprap revetment, a floating dock with an access ramp, and a timber wall. The existing dock was pointed out. There were two adjoining properties, northeast and southwest. A photo of the deck area was shown next. The applicant plans to put riprap under the deck and encroach on non-vegetated wetlands. The dock is about 12 wide. The area of erosion was pointed out on the photo. That was the area of concern. This property, looking northeast, has a natural vegetation of Phragmites and saltbush along the shoreline. Southwest the property had some vegetation. There was a dock and access ramp. The application was in three parts, A, B, C. The area for the 95 LF of riprap was pointed out. The only encroachment was in Section C. This showed the profile where the riprap would be installed and the estimation of 24 SF of encroachment underneath the deck that would be non-vegetated wetlands. Staff Findings 1. The proposed project would impact approximately 2100 SF of Chesapeake Bay Preservation Area / Resource Protection Area (CBPA). 2. The proposed project would minimally impact approximately 24 SF of non-vegetated tidal wetlands.

3 Page 3 3. The type of wetlands impacted would be Type XVI Mud Flat Community. 4. Type XVI was comparable to sand flats and mixed flats. Mudflats interact significantly with adjacent vegetated areas in the cycling of nutrients. Surface and shallow burrowing organisms were predominate in this community type. 5. The anticipated private and public benefit to the proposed project was shoreline stabilization and reduction of erosion. 6. There was no private or public detriment to the project. Staff Recommendations Staff recommended approval of W for a period of two years with the following stipulation: Discussion To compensate for the hardening of approximately 24 SF of the shoreline, sprig with Spartina alterniflora, one-foot (1 ) on center in two rows (1 apart). Include a three-year compensation plan in accordance with the Wetlands Management Handbook. This plan must be submitted and approved by staff prior to issuance of a permit. Chairman Lane asked where the planting would be done. Staff remarked that the planting area would be submitted in the compensation plan. Motion to Approve the Staff Findings Ms. Hinch made a motion to accept the Staff Findings for W Mr. Midgette seconded the motion. An aye vote of 7-0 carried the motion. The Staff Findings for W were accepted. (7-0, Hinch/Midgette) Proponent Chris Flint of Flint Construction, 3712 Adams Street, Portsmouth, VA came before the Board to speak for W Rocks would be placed underneath the dock to stop erosion and dirt from falling from the yard into the creek. The habitat lived in the rock, too. He felt compensation would grow naturally. Mr. Woodward pointed out where 24 SF can be planted just to the right of that heavy grass pictured in the photo. An effort would be made to plant the area. Mr. Flint agreed to plant wherever the Board and staff suggest.

4 Page 4 Opponent There was no one to speak in opposition to W Motion to Approved W Ms. Hinch made a motion to APPROVE W for a period of two years with the following stipulation: To compensate for the hardening of approximately 24 SF of the shoreline, sprig with Spartina alterniflora, one-foot (1 ) on center in two rows (1 apart). Include a threeyear compensation plan in accordance with the Wetland Management Handbook. This plan must be submitted and approved by staff prior to issuance of a permit. Mr. Cullen seconded the motion. Vote: George Midgette Barney Ottinger Amy Conley Henry Curling Judy Hinch Vice-Chair Whitney Katchmark Chairman Jim Lane A vote of 7-0 carried the motion. (7-0, Hinch/Cullen) Application W was APPROVED for a period of two years with the following stipulation. There is a 10-day waiting period for review by the Virginia Marine Resources Commission. To compensate for the hardening of approximately 24 SF of the shoreline, sprig with Spartina alterniflora, one-foot (1 ) on center in two rows (1 apart). Include a threeyear compensation plan in accordance with the Wetland Management Handbook. This plan must be submitted and approved by staff prior to issuance of a permit.

5 Page 5 CBPA APPLICATIONS 1. CBPA PROJECT/LOCATION: 837 Falls Creek Drive APPLICANT/AGENCY: Debbie Gross/Pools by Baxter PROPOSAL: In accordance with Section of the Chesapeake City Code, the applicant is seeking an EXCEPTION to install a patio, sunroom, shed, retaining wall and driveway within the 50-foot seaward and landward portions of the 100-foot RPA buffer of a pre-existing lot. Based on the extent of all proposed improvements, the overall net increase in impervious area will be 1,963 SF. SUBDIVISION/LOT #: Falls Creek/Lot 8 WATERSHED: Southern Branch of the Elizabeth River TAX MAP SECTION/PARCEL: Project Description The applicant requested an Exception to install a patio, sunroom, shed and retaining wall at 837 Falls Creek Drive. The request for a driveway expansion was removed. Therefore, the overall net increase in impervious area would be a little smaller than 1,963 SF. The pool was approved by the Board in March. The revised site plan was discussed. The applicant was asking for a significant amount of new impervious surface than what was normally allowed in the watershed. Therefore, the driveway expansion was deleted. The retaining wall was necessary to help support the yard. CBPA Review Committee Recommendation Based on the findings contained in this report, the CBPA Review Committee recommended that CBPA be APPROVED with the following stipulations: 1. Two large canopy trees (2 LCT s) and one small canopy tree (1 SCT) shall be planted before a Certificate of Occupancy shall be issued. 2. The proposed shed shall have gutters around all of the roof edges, and shall drain to the new drop inlet. Proponent Rick Bartlett, Professional Construction Consultants, LLC, came before the Board to speak for application CBPA His address was 5316 Brockie Street, Virginia Beach, VA The driveway was pulled out to compensate for the revised site plan. Staff related that there was no specific policy on the amount of impervious on the site. They did remove the driveway addition. It had lessened the amount originally requested.

6 Page 6 Vice-Chair Katchmark felt a policy was needed on the amount of impervious allowed on a site. Opponent There was no one to speak in opposition to CBPA Discussion Assistant City Attorney Sanford clarified that the first and third stipulations were what we looked at this evening. A revised site plan had been submitted and the driveway expansion had been removed. Motion to Approve CBPA Mr. Ottinger made a motion to approve the CBPA CBPA with the following stipulations: 1. Two large canopy trees and one small canopy tree shall be planted before a Certificate of Occupancy shall be issued. 2. The proposed shed shall have gutters around all of the roof edges, and shall drain to the new drop inlet. Mr. Curling seconded the motion. Vote: Judy Hinch Amy Conley Henry Curling George Midgette Barney Ottinger Vice-Chair Whitney Katchmark Chairman Jim Lane No A vote of 6-1 carried the motion. (6-1, Ottinger/Curling, Hinch opposed) Application CBPA was APPROVED with the following stipulations: 1. Two large canopy trees and one small canopy tree shall be planted before a Certificate of Occupancy shall be issued. 2. The proposed shed shall have gutters around all of the roof edges, and shall drain to the new drop inlet.

7 Page 7 2. CBPA PROJECT/LOCATION: 1600 River Rock Reach APPLICANT: John and Michelle Callan PROPOSAL: In accordance with Section of the Chesapeake City Code, the applicant is seeking an After-the-Fact EXCEPTION for a previously installed pool and gazebo within the 50-foot landward portion of the 100-foot RPA buffer of a preexisting lot. Based on the extent of all proposed improvements, the overall net increase in impervious area will be 1,327 SF. SUBDIVISION/LOT #: Dock Landing Pointe, Lot 36 WATERSHED: Western Branch of the Elizabeth River TAX MAP SECTION/PARCEL: Project Description The applicant s address was 1600 River Rock Reach. The property owner talked to a Planning Department representative who was no longer with the city and asked about the pool, patio and the gazebo and was told it was fine. The applicant installed them. Unfortunately, a tree had blown down in a storm and crushed the gazebo. When the property owner rebuilt the gazebo, another property owner called the City to complain. It was determined that an After-the-Fact permit would be required. CBPA Review Committee Recommendation The CBPA Review Committee recommended that CBPA be APPROVED with the following stipulation: Seven large canopy trees (7 LCTs) to be planted. There was no violation for CBPA Proponent John M. Callan, II, of 1600 River Rock Reach, Chesapeake, VA came before the Board to answer any questions from the Board. Mr. Callan felt the contractor did not get the permits with the City. He apologized for the situation and would like to set things in order. Motion to Approve CBPA Vice-Chair Katchmark made a motion to approve CBPA with the following stipulation: Seven Large Canopy trees (7 LCTs) to be planted.

8 Page 8 Mr. Midgette seconded the motion. Vote: Barney Ottinger Henry Curling Amy Conley Judy Hinch George Midgette Vice Chair Whitney Katchmark Chairman Jim Lane A vote of 7-0 carried the motion. (7-0, Katchmark/Midgette) Application CBPA was APPROVED with the following stipulation: Seven Large Canopy trees (7 LCTs) to be planted. 3. CBPA PROJECT/LOCATION: 841 Falls Creek Drive APPLICANT/AGENCY: Kirstin Garnache/Pools by Baxter PROPOSAL: In accordance with Section of the Chesapeake City Code, the applicant is seeking an AFTER-THE-FACT PERMIT to install a retaining wall, pool equipment pad, and patio within the 50-foot seaward and landward portions of the 100-foot RPA buffer of a pre-existing lot. Based on the extent of all proposed improvements, the overall net increase in impervious area will be 558 SF. SUBDIVISION/LOT #: Falls Creek/Lot 7 WATERSHED: Southern Branch of the Elizabeth River TAX MAP SECTION/PARCEL: Project Description The application, at 841 Falls Creek Drive, was for an After-the-Fact permit to install a patio, retaining wall, pool equipment pad, and patio by Kirstin Garnache. The overall net increase in impervious area would be 558 SF. Staff explained the placement of the pool and patio and the retaining wall. The bioretention planting bed was pointed out from the plan. Discussion Ms. Hinch asked staff if the applicant did not know to apply for a permit before the installation. Staff explained that the pool company got a permit for the pool but they did not get a permit for the apron. They forgot to put an apron on the drawing. That was a violation. They

9 Page 9 were going to be coming back for the patio and retaining wall, so it was included with the application. Proponent Kirsten Garnache, applicant, came before the Board to answer any questions. Her address was 841 Falls Creek Drive, Chesapeake, VA She wanted the patio to wrap around the pool to walk around it. Mr. Curling stated there were five trees in the backyard that were dying because of the piled up sand. Staff remarked that trees could be removed and replaced at a 1:1 ratio. Ms. Garnache hopes to keep the tree in question. Wetlands Staff, Roxanne Stonecypher, spoke up and related that the tree looked healthy. Mr. Midgette added that the tree was a gumball tree. CBPA Staff informed the applicant that Ms. Stonecypher was the City s Arborist and could provide a recommendation. Chairman Lane asked Ms. Stonecypher for information on the trees. Ms. Stonecypher remarked that the tree looked healthy and had healthy foliage. The tree should remain hardy until the sand was removed. If needed, she would come out to look at the trees. Opponent There was no one to speak in opposition to CBPA Motion to Approve CBPA Ms. Hinch made a motion to approve CBPA Mr. Midgette seconded the motion. Vote: Barney Ottinger Henry Curling Amy Conley Judy Hinch George Midgette Vice Chair Whitney Katchmark Chairman Jim Lane

10 Page 10 A vote of 7-0 carried the motion. (7-0, Hinch/Midgette) The After-the-Fact Application for CBPA was APPROVED. OTHER BUSINESS 1. Recycle Site Plans The Board members were asked to please return the large site plans to staff for recycling, if they no longer require them. (Always) 2. The Living Shorelines Jay Woodward, Environmental Engineer, VMRC, gave a power point presentation on The Living Shoreline and the impact of Virginia Senate Bill 964 on enforcement agencies and boards. The General Assembly recently directed VMRC to come up with a general permit for living shorelines that would assist new homeowners and regulatory bodies to use living shorelines when at all possible and to encourage it. The living shoreline was basically a buffer. The presentation was to solicit the Board members thoughts and ideas related to the general permit, as well as the staff s. VMRC was working with the Corps of Engineers, VIMS, and other agencies and boards, agents, contractors, and engineers to insure that any general permit developed would be acceptable. The general permit would not go before the board. It was cheaper and faster. A groin would come under a general permit. Pictures were shown of areas throughout the Tidewater area with living shorelines. Some featured breakwaters, groins, rock, and natural vegetation. VMRC and VIMS would give guidance. You would be selling a living shoreline under the general permit which would require ongoing maintenance and sometimes replanting after a storm but not requiring the homeowners to come before the board. We were looking for wetlands board input, and from the VMRC, VIMS, Corps of Engineers. We were looking for a more developed, industrial, and urban wetland board. We would rather see the living shoreline through a general permit than a bulkhead. It was difficult to sell the whole core log, sand fill, planting approach, when after the very next storm, it was gone. There was long-term maintenance involved. However, the benefits of a living shoreline were there. Mr. Woodward would welcome your phone calls or s. No question was too dumb. You would still have your job. There would be some projects that don t comply. Roxanne Stonecypher asked that a copy of your comments be sent to her and she would forward it to VMRC.

11 Page 11 ADJOURNMENT With no further business, the meeting was adjourned at 8:00 PM. Sincerely, Cheryl Taylor Recording Secretary Chesapeake Wetlands CBPA Minutes-081