Wetlands Board Hearing Procedures

Transcription

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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 PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING WITHDRAWN OR DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN.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After the commencement of the hearing, however, the applicant must request that the Wetlands Board allow the item to be withdrawn.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 September 17, 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 September 17, 2018

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5 8:45 A.M. STAFF BRIEFINGS & DISCUSSION - ROUTE MAIL TO BOARD (IF ANY) AND UPDATES - DISCUSSION PUBLIC WORKS SAND MANAGEMENT - DISCUSSION ELECTION OF A VICE CHAIRMAN - TRAINING (IF ANY) - REVIEW OF PUBLIC HEARING AGENDA ITEMS 10:00 A.M. PUBLIC HEARING OLD BUSINESS SAND MANAGEMENT WTRA Earle & Patricia Mulrane [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To excavate sand involving a Coastal Primary Sand Dune/Beach 2740 Sandfiddler Road (GPIN ) Waterway Atlantic Ocean Subdivision Sandbridge Oceanfront Council District Princess Anne WTRA Thomas E. Fraim [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To excavate sand involving a Coastal Primary Sand Dune/Beach 2460 Sandfiddler Road (GPIN ) Waterway Atlantic Ocean Subdivision Sandbridge Oceanfront Council District Princess Anne Wetlands Board Agenda September 17, 2018

6 WTRA Louis Gelrud [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To excavate sand involving a Coastal Primary Sand Dune/Beach 2840 Sandfiddler Road (GPIN ) Waterway Atlantic Ocean Subdivision Sandbridge Oceanfront Council District Princess Anne OLD BUSINESS WETLANDS WTRA Brandon & Jill Loftus [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To dredge and construct a bulkhead involving wetlands 3741 Little Neck Point (GPIN ) Waterway Western Branch Lynnhaven River Subdivision Little Neck Council District Lynnhaven NEW BUSINESS WETLANDS WTRA Sanford Dowdy, III [Applicant/Owner] To install a bulkhead involving wetlands At and adjacent to 3409 Sandpiper Road (GPIN ) Waterway North Bay Subdivision Sandbridge Council District Princess Anne Wetlands Board Agenda September 17, 2018

7 WTRA Merri Tyrrel [Applicant/Owner] To install a bulkhead 2 channelward of existing bulkhead involving wetlands 2912 Sand Bend Road (GPIN ) Waterway North Bay Subdivision Sandbridge Council District Princess Anne WTRA Louis & Ellen Jones [Applicant/Owner] To construct a rip rap revetment involving wetlands 3902 Richardson Road (GPIN ) Waterway Western Branch Lynnhaven River Subdivision Witchduck Point Council District Bayside WTRA Jeramy & Natalie Biggie [Applicant/Owner] To remove existing bulkhead and construct a rip rap revetment involving wetlands 409 Susan Constant Drive (GPIN ) Waterway Canal to Crystal Lake (Strattons Creek) Subdivision Princess Anne Hills Council District Lynnhaven Wetlands Board Agenda September 17, 2018

8 WTRA Thomas & Barbara Joynt [Applicant/Owner] To install a bulkhead 2 channelward of existing bulkhead involving wetlands 1332 Kingfisher Court (GPIN ) Waterway Linkhorn Bay Subdivision Birdneck Point Council District Lynnhaven Wetlands Board Agenda September 17, 2018

9 Application Number 2017-WTRA Property Owner Earle & Patricia Mulrane Public Hearing September 17, 2018 City Council Election District Princess Anne REQUEST FOR ONE YEAR EXTENSION Agenda Item 1 Agent Steven Heinrich, Seaside Restoration Location 2740 Sandfiddler Road GPIN Proposal To excavate sand involving a Coastal Primary Sand Dune/Beach Waterway Atlantic Ocean Subdivision Sandbridge Oceanfront Earle & Patricia Mulrane Agenda Item 1 Page 1

10 Earle & Patricia Mulrane Agenda Item 1 Page 2

11 Application Number 2017-WTRA Property Owner Thomas E. Fraim Public Hearing September 17, 2018 City Council Election District Princess Anne REQUEST FOR ONE YEAR EXTENSION Agenda Item 2 Agent Steven Heinrich, Seaside Restoration Location 2460 Sandfiddler Road GPIN Proposal To excavate sand involving a Coastal Primary Sand Dune/Beach Waterway Atlantic Ocean Subdivision Sandbridge Oceanfront Thomas E. Fraim Agenda Item 2 Page 1

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13 Application Number 2017-WTRA Property Owner Louis Gelrud Public Hearing September 17, 2018 City Council Election District Princess Anne REQUEST FOR ONE YEAR EXTENSION Agenda Item 3 Agent Steven Heinrich, Seaside Restoration Location 2840 Sandfiddler Road GPIN Proposal To excavate sand involving a Coastal Primary Sand Dune/Beach Waterway Atlantic Ocean Subdivision Sandbridge Oceanfront Louis Gelrud Agenda Item 3 Page 1

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15 Application Number 2017-WTRA Property Owner Brandon & Jill Loftus Public Hearing September 17, 2018 City Council Election District Lynnhaven REQUEST FOR ONE YEAR EXTENSION Agenda Item 4 Agent Robert E. Simon, Waterfront Consulting, Inc. Location 3741 Little Neck Point GPIN Proposal To dredge and construct a bulkhead involving wetlands Waterway Western Branch Lynnhaven River Subdivision Little Neck Brandon & Jill Loftus Agenda Item 4 Page 1

16 Brandon & Jill Loftus Agenda Item 4 Page 2

17 Application Number 2018-WTRA Property Owner Sanford Dowdy, III Public Hearing September 17, 2018 City Council Election District Princess Anne Agenda Item 5 Agent R. Harold Jones, Sigma Environmental Services, Inc. Location 3409 Sandpiper Road GPIN Proposal To install a 95 linear foot bulkhead Staff Recommendation Approval as Modified Waterway North Bay Subdivision Sandbridge Impacts Vegetated Wetlands: 19 square feet Non-vegetated Wetlands: 68 square feet Overall length of proposed structure: 95 feet Volume of backfill: 12 cubic yards Proposed Mitigation and/or Compensation Payment of an in-lieu fee VIMS Preferred Shoreline BMP Land Use Management and Maintain/Enhance/Create Marsh Sanford Dowdy, III Agenda Item 5 Page 1

18 Site Aerial CBPA Variances and Wetlands Board Permit History This property is located in the Southern Rivers Watershed. There are no recent Wetlands permits on file for this property; however, a Wetlands Board Show Cause Hearing was held on April 16, 2018 and a Restoration Hearing was held on June 23, At the June hearing, the Wetlands Board ordered the property owner to submit an after-thefact application to remove the failing, unauthorized retaining wall and replace it with a new bulkhead. Sanford Dowdy, III Agenda Item 5 Page 2

19 Site Plan Sanford Dowdy, III Agenda Item 5 Page 3

20 Site Photos Sanford Dowdy, III Agenda Item 5 Page 4

21 Summary of Proposal The applicant is proposing to install a 95 linear foot bulkhead at or just in front of the mean high water line. The proposed bulkhead will impact 19 square feet of vegetated wetlands and 68 square feet of non-vegetated wetlands. The applicant proposes to compensate for both the vegetated and non-vegetated wetlands impacts by payment of an in-lieu fee. Evaluation and Staff Recommendations The proposed shoreline shows some signs of erosion, but with the work that was done to place the unauthorized block retaining wall, it is difficult for Staff to assess the natural state of the shoreline. The bank along the shoreline is relatively steep with multiple holes where sediment has eroded. In addition, along the northern end of the shoreline, pallets have been placed to create a canoe/kayak launch. Along the southern end of the shoreline, there is an area vegetated with Phragmites that will be impacted by the proposed bulkhead. While the VIMS Shoreline BMP recommends maintaining, enhancing, or creating marsh, Staff does not believe that it is feasible to locate the bulkhead farther landward, and leaving a bench for vegetated wetlands in front of the proposed bulkhead would not be successful. This property is located in the Floodplain Subject to Special Restrictions (City of Virginia Beach Floodplain Ordinance, Appendix K, Section 4.10). Filling in the Floodplain Subject to Special Restrictions may be allowed, provided that the fill is for a shoreline stabilization project and the following three criteria are met: 1. A Joint Permit Application is submitted. 2. The alignment of the stabilization structure is along the escarpment or in line with adjacent stabilization structures. 3. Fill must be the minimum necessary to support the stabilization project. The top of the proposed bulkhead is set at elevation 4.9 feet NAVD 88, approximately 1.5 feet above the existing shoreline. Staff is of the opinion that due to the height of the proposed bulkhead, the proposed fill is more than the minimum necessary to support the stabilization project. Staff met in the field with the applicant s agent and discussed either the option of lowering the height of the bulkhead or moving the bulkhead alignment further landward. Due to the length of the tiebacks, the space needed to maneuver equipment, and the loss of a live oak tree that would be impacted by the required return wall on the northern side, it was decided that lowering the height of the bulkhead to 3.5 feet NAVD 88 was the preferred alternative to address the existing erosion issue while permitting the minimum fill necessary. Accordingly, the Department of Planning and Community Development Staff recommends that the application be approved as modified with the following conditions: 1. The height of the proposed bulkhead shall be limited to no more than 3.5 feet NAVD 88 in order to minimize required backfill. 2. All unauthorized rubble in front of the proposed bulkhead and the wooden pallet ramp shall be removed and disposed of offsite in a lawful manner. 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. Sanford Dowdy, III Agenda Item 5 Page 5

22 4. Staff recommends that the Board accept payment of an in-lieu fee for the 19 square feet of vegetated wetlands impacted and the 68 square feet of non-vegetated wetlands impacted. 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 Wetlands 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 a permit. All questions related to Wetland Board decisions or information required to obtain a permit can be directed toward the City of Virginia Beach Planning Department Waterfront Operations Division at Sanford Dowdy, III Agenda Item 5 Page 6

23 Application Number 2018-WTRA Property Owner Merri Tyrrel Public Hearing September 17, 2018 City Council Election District Princess Anne Agenda Item 6 Agent Robert E. Simon, Waterfront Consulting, Inc. Location 2912 Sand Bend Road GPIN Proposal To install 96 linear feet of bulkhead 2-feet channelward of existing bulkhead Staff Recommendation Approval as Modified Waterway North Bay Subdivision Sandbridge Impacts Vegetated Wetlands: 42 square feet Subaqueous bottom: 149 square feet Overall length of proposed structure: 96 feet Volume of backfill: 20 cubic yards Proposed Mitigation and/or Compensation Payment of an in-lieu fee VIMS Preferred Shoreline BMP Area of Special Concern Merri Tyrrel Agenda Item 6 Page 1

24 Site Aerial CBPA Variances and Wetlands Board Permit History This property is located in the Southern Rivers Watershed. There were no recent Wetlands permits found for this property. Merri Tyrrel Agenda Item 6 Page 2

25 Site Plan Merri Tyrrel Agenda Item 6 Page 3

26 Site Photos Merri Tyrrel Agenda Item 6 Page 4

27 Summary of Proposal The applicant is proposing to install a 96 liner foot bulkhead in front of the existing bulkhead. The proposed top elevation of the bulkhead is 1.5 feet above the existing bulkhead. Approximately 20 cubic yards of fill material will be placed below mean high water, with an additional 60 cubic yards of fill material placed above mean high water to grade the yard to match the proposed bulkhead height. The proposed bulkhead will impact 42 square feet of vegetated wetlands. The primary purpose of this project is maintenance on an existing, failing bulkhead. Evaluation and Staff Recommendations This property is located in the Floodplain Subject to Special Restrictions (City of Virginia Beach Floodplain Ordinance, Appendix K, Section 4.10). Filling in the Floodplain Subject to Special Restrictions may be allowed, provided that the fill is for a shoreline stabilization project and the following three criteria are met: 1. A Joint Permit Application is submitted. 2. The alignment of the stabilization structure is along the escarpment or in line with adjacent stabilization structures. 3. Fill must be the minimum necessary to support the stabilization project. The existing bulkhead is in need of replacement. The applicant desires to elevate the proposed bulkhead 1.5 feet above the existing bulkhead to match the bulkhead height of the neighbor s lot to the north. Staff is of the opinion that the proposed bulkhead height is excessive and the amount of fill proposed is not the minimum necessary in order to stabilize the shoreline. When reviewing the application for the bulkhead on the adjacent property to the north, it appears that the elevation of the lot was lowered to achieve the existing bulkhead height, significantly reducing the amount of fill that was needed. Accordingly, the Department of Planning and Community Development Staff recommends that the application be approved as modified with the following conditions: 1. The proposed bulkhead shall be limited to 3.5 feet NAVD 88 (no more than 6 inches higher than the height of the applicant s existing bulkhead) in order to minimize backfill. 2. 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. 3. Staff recommends that the Board accept payment of an in-lieu fee for the 42 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. - 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 Merri Tyrrel Agenda Item 6 Page 5

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29 Application Number 2018-WTRA Property Owner Louis & Ellen Jones Public Hearing September 17, 2018 City Council Election District Bayside Agenda Item 7 Agent Robert E. Simon, Waterfront Consulting, Inc. Location 3902 Richardson Road GPIN Proposal To construct a 258 linear foot rip rap revetment Staff Recommendation Approval as Submitted Waterway Western Branch Lynnhaven River Subdivision Witchduck Point Impacts Vegetated Wetlands: 625 square feet Non-vegetated Wetlands: 150 square feet Overall length of proposed structure: 258 feet Proposed Mitigation and/or Compensation Onsite compensation VIMS Preferred Shoreline BMP Maintain/Enhance/Restore Riparian Buffer and Maintain/Enhance/Create Marsh Louis & Ellen Jones Agenda Item 7 Page 1

30 Site Aerial CBPA Variances and Wetlands Board Permit History This property is located in the Chesapeake Bay Watershed. A CBPA Board Variance was approved on July 23, 2018, for encroachments into the Resource Protection Area for a new single family residence, guest house, circular driveway, and swimming pool. There were no recent Wetlands permits found for this property. Louis & Ellen Jones Agenda Item 7 Page 2

31 Site Plan Louis & Ellen Jones Agenda Item 7 Page 3

32 Site Photos Louis & Ellen Jones Agenda Item 7 Page 4

33 Summary of Proposal The applicant is proposing to install 258 linear feet of rip rap along the bank up to an elevation of approximately 11 feet. The proposed rip rap will impact approximately 625 square feet of vegetated wetlands and 150 square feet of nonvegetated wetlands. The applicant is proposing on-site mitigation to offset the wetlands impacts: the non-vegetated wetlands will be converted to non-vegetated rock habitat, while the vegetated wetlands impacts are temporary to place the toe of the rip rap, as the impacted area will be sprigged with Spartina after construction is complete. The primary purpose of this project is to stabilize the shoreline and bank from continued erosion. Evaluation and Staff Recommendations The shoreline is currently in a natural state with minimal to moderate erosion occurring along the toe of the slope. While the VIMS Preferred Shoreline BMP is to maintain, enhance, and restore the riparian buffer and to maintain, enhance, and create marsh, Staff is of the opinion that the erosion is occurring due to the shading of the bank and underlying soils type, which is characterized by Rumford Series (highly erodible) soils. The applicant has taken steps to minimize wetlands impacts by aligning the toe of the proposed riprap as far landward as possible, and plans to restore the area impacted by sprigging the area with Spartina. The upland impacts to vegetation, including the 21 trees to be removed in the footprint of the rip rap, will be mitigated as part of the applicant s CBPA Board Variance buffer restoration requirements. The Department of Planning and Community Development Staff recommends that the application be approved as submitted, with the following condition: 1. Staff recommends that the Board accept the proposed on-site compensation by placement of new riprap for the 150 square feet of non-vegetated wetlands losses and sprigging of Spartina for the 625 square feet of vegetated wetlands impacts. 2. The tree mitigation shown on the applicant s Chesapeake Bay Protection Area buffer restoration plan, will also suffice as compensation for the 21 trees to be removed in the footprint of the rip rap. 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 Louis & Ellen Jones Agenda Item 7 Page 5

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35 Application Number 2018-WTRA Property Owner Jeramy & Natalie Biggie Public Hearing September 17, 2018 City Council Election District Lynnhaven Agenda Item 8 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 Canal to Crystal Lake (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 8 Page 1

36 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 8 Page 2

37 Site Plan Jeramy & Natalie Biggie Agenda Item 8 Page 3

38 Site Photos Jeramy & Natalie Biggie Agenda Item 8 Page 4

39 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 8 Page 5

40 - 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 8 Page 6

41 Application Number 2018-WTRA Property Owner Thomas & Barbara Joynt Public Hearing September 17, 2018 City Council Election District Lynnhaven Agenda Item 9 Agent Robert E. Simon, Waterfront Consulting, Inc. Location 1332 Kingfisher Court GPIN Proposal To install a 416 linear foot bulkhead Staff Recommendation Approval as Modified Waterway Linkhorn Bay Subdivision Birdneck Point Impacts Non-vegetated Wetlands: 6 square feet Subaqueous bottom: 416 square feet Overall length of proposed structure: 424 feet Volume of backfill: 55 cubic yards Proposed Mitigation and/or Compensation Payment of an in-lieu fee VIMS Preferred Shoreline BMP Maintain/Enhance/Restore Riparian Buffer and Plant a Marsh with Sill Thomas & Barbara Joynt Agenda Item 9 Page 1

42 Site Aerial CBPA Variances and Wetlands Board Permit History This property is located in the Chesapeake Bay Watershed. A CBPA Board variance was granted on August 28, 2017 to remove a condition that required the use of rip rap instead of replacing the existing bulkhead. At that Board hearing, it was discovered that buffer restoration associated with a February 2011 CBPA Board Variance had not been installed. A Civil permit must be obtained to install the required buffer restoration which can be done concurrent with the approved Wetland permit to replace the existing bulkhead, should the current request to replace the bulkhead be approved by the Wetlands Board. There were no recent Wetlands permits found for this property. Thomas & Barbara Joynt Agenda Item 9 Page 2

43 Site Plan Thomas & Barbara Joynt Agenda Item 9 Page 3

44 Site Photos Thomas & Barbara Joynt Agenda Item 9 Page 4

45 Summary of Proposal The applicant is proposing to install a 416 linear foot bulkhead to replace an existing, failing bulkhead. The proposed bulkhead will impact 19 square feet of non-vegetated rock habitat. Fourteen square feet of impacts will be temporary due to the removal of rip rap along a portion of the western bulkhead to create space to install the new bulkhead. Six square feet of non-vegetated wetlands impacts will be permanently lost due to removal of rip rap in the footprint of the new bulkhead. The applicant is proposing to pay an in-lieu fee to compensate for the 6 square feet of non-vegetated wetlands impacts. Evaluation and Staff Recommendations While the bulkhead appears to be in fair condition, there are places, especially along the western side, where there is a loss of sediment behind the bulkhead. While the VIMS Preferred Shoreline BMP recommends planting a marsh sill, the depth of the channel would require the majority of the yard to be graded to achieve the required slope. In addition, the western side of the bulkhead is oriented north along Linkhorn Bay and experiences a considerable amount of fetch during storm events. Similarly, a rip rap revetment would require the existing yard to be excavated landward 13 to 18 feet and would impact several mature trees. Accordingly, the Department of Planning and Development Staff recommends that the application be approved as modified with the following conditions: 1. The proposed bulkhead shall be constructed according to the plans stamped on August 15, A Civil Permit for CBPA Buffer Restoration shall be obtained concurrent with the building permit for the proposed bulkhead. All required restoration must be installed within 90 days after issuance of the building permit. 3. Staff recommends that the Board accept payment of an in-lieu fee for the 6 square feet of non-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. - 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 Thomas & Barbara Joynt Agenda Item 9 Page 5