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 8:30 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 PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING WITHDRAWN OR DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN.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 Board 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After the commencement of the hearing, however, the applicant must request that the Wetlands Board allow the item to be withdrawn.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 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. * Deferral ** Withdrawal Wetlands Board Agenda September 19, 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 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. * Deferral ** Withdrawal Wetlands Board Agenda September 19, 2016

4 8:30 A.M. STAFF BRIEFINGS & DISCUSSION REVIEW OF PUBLIC HEARING AGENDA ITEMS 10:00 A.M. PUBLIC HEARING NEW BUSINESS A WTRA Robert Lincoln, et al [Applicant/Owner] To construct riprap and a bulkhead involving wetlands 404 & 408 Wolfs Neck Trail (GPINs & ) Waterway Eastern Branch of the Lynnhaven River Subdivision Chesopeian Colony Council District Beach B WTRA Cynthia Rickman [Applicant] Alphine Road Boat Basin Real Estate Trust [Owner] To construct riprap involving wetlands Alphine Road Boat Basin (GPIN ) Waterway Broad Bay Subdivision Broad Bay Colony Council District Lynnhaven * Deferral ** Withdrawal Wetlands Board Agenda September 19, 2016

5 C WTRA John L. Murrell [Applicant/Owner] To construct a granite marsh sill and plant wetlands involving wetlands 3755 Oyster Point Quay (GPIN ) Waterway Western Branch of the Lynnhaven River Subdivision Little Neck Waterfront Council District Lynnhaven D WTRA John B. Horner Trust [Applicant/Owner] To construct riprap involving wetlands 436 Southside Road (GPIN ) Waterway Lake Wesley/Rudee Inlet Subdivision Rudee Heights Council District Beach E WTRA Ronald C. Ripley [Applicant/Owner] To construct a deck involving a Coastal Primary Sand Dune / Beach 2900 Sandfiddler Road (GPIN ) Waterway Atlantic Ocean Subdivision Sandbridge Oceanfront Council District Princess Anne * Deferral ** Withdrawal Wetlands Board Agenda September 19, 2016

6 F WTRA Stephen E. Konikoff [Applicant/Owner] To construct a riprap marsh sill and rework existing riprap involving wetlands 1252 Crystal Lake Circle (GPIN ) Waterway Crystal Lake/Rainey Gut Subdivision Bay Colony Waterfront Council District Lynnhaven G WTRA James Flynn, et al [Applicant/Owner] To construct a riprap sill involving wetlands 1500 & 1501 Oak Hill Court (GPINs & ) Waterway Linkhorn Bay Subdivision Linkhorn Oaks Waterfront Council District Lynnhaven H WTRA Edward G. Augustine [Applicant/Owner] To construct a bulkhead and riprap involving wetlands 1044 Curlew Drive (GPIN ) Waterway Linkhorn Bay Subdivision Birdneck Point Council District Lynnhaven * Deferral ** Withdrawal Wetlands Board Agenda September 19, 2016

7 RESTORATION HEARING A WTRV Richard Yanek [Applicant/Owner] Unauthorized removal of dune vegetation, installation of playground equipment, a fence and raised flower beds 538 South Atlantic Avenue (GPIN ) Waterway Atlantic Ocean Subdivision Croatan Beach Council District Beach * Deferral ** Withdrawal Wetlands Board Agenda September 19, 2016

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9 Application Number 2016-WTRA Applicant/Property Owner Robert Lincoln, et al Public Hearing September 19, 2016 City Council Election District Beach Agenda Item A Agent Rick Bartlett, P.E., Professional Construction Consultants LLC Location 404 and 408 Wolfs Neck Trail GPIN Proposal Construct a 329 linear feet Class 1 quarry stone riprap Construct a 56 linear feet of in-line timber bulkhead (remove existing bulkhead) Waterway Eastern Branch of the Lynnhaven River Subdivision Chesopeian Colony Impacts Vegetated Wetlands: 0 Non-vegetated Wetlands: 106 square feet Subaqueous bottom: 2,043 square feet Dune and/or beach: N/A Overall length of proposed structure: 329 feet Volume of backfill: 0 Proposed Mitigation and/or Compensation Conversion of approximately 106 square feet of non-vegetated wetlands to approximately 970 square feet of intertidal rock face habitat Onsite compensation of 55 square feet vegetated wetlands established from uplands Conversion of 48 square feet of nonvegetated to vegetated wetlands Robert Lincoln, et al Agenda Item A Page 1

10 Site Aerial CBPA Variances and Wetlands Board Permit History None found for this property. Robert Lincoln, et al Agenda Item A Page 2

11 Site Photos Robert Lincoln, et al Agenda Item A Page 3

12 Summary of Proposal The property is currently hardened with an existing timber bulkhead along the entire reach of shoreline. Sections of the bulkhead have experienced deterioration of anchor rods, failure of wales and bulkhead, and loss of backfill into receiving waters. The applicant proposes to install 329 linear feet of Class 1 quarry stone riprap channelward of the existing timber bulkhead. Where necessary, deteriorated anchor rods will be removed and replaced, failed wales will be replaced, and clean sand fill will be introduced where the shoreline exhibits backfill loss. Additionally, 56 linear feet of existing failed timber bulkhead will be removed and replaced in-line with a new timber bulkhead. The application indicates that 6 square feet of non-vegetated wetlands behind a section of bulkhead will be backfilled with sand. Additionally, 100 square feet of non-vegetated wetlands channelward of the existing bulkhead will be impacted and converted to riprap. The total amount of new intertidal rock face habitat from the installation of riprap is 970 square feet. There will be 48 square feet of existing non-vegetated wetlands will be converted to vegetated wetlands. The applicant is also proposing to create an additional 55 square feet of vegetated wetlands from uplands. The applicant is requesting that the sum of these measures qualify as onsite compensation. The applicant has stated the primary purpose of the project is for erosion prevention. The secondary purpose is for access. 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 enhance the riparian/marsh buffer. On low energy shorelines such as this site, we would generally recommend providing stabilization and wave attenuation through integrated riparian and marsh vegetation buffers and removing the existing shoreline hardening structures to restore the connection between the upland and the intertidal area. Revetments and bulkheads sever the connection between the upland and the intertidal area interrupting the natural processes and functions that occur at the ecologically essential intersection between water and land, limiting the ability of the natural systems to perform vital tidal shoreline functions and reducing the probability that tidal shoreline ecosystems and resources will be sustained in the future. We recommend this approach where feasible along this shoreline, potentially along the shoreline area situated on the south side of the parcel where structures are located further from the shoreline and the shoreline is more protected. The use of the preferred management options along the remaining shoreline is limited by choices already made on the shoreline, such as the construction of the pool and other structures in close proximity to the shoreline and site conditions such as the deeper nearshore water depth. An alternative approach is to install a bulkhead toe and enhance the riparian buffer. A bulkhead toe installed channelward of the existing bulkhead is an acceptable alternative to dissipate wave energy and provide protection to the improvements built too close to the waterway. In addition, to provide erosion control and water quality benefits to this shoreline, the following should be completed: Robert Lincoln, et al Agenda Item A Page 4

13 Plant and maintain the riparian buffer area (extending a minimum 100 feet inland from the landward edge of the shoreline protection structure) with a variety of deep-rooted native shrubs, grasses, and small tree plantings; Minimize waterfront lawn area; Minimize routine mowing in the buffer. Evaluation and Staff Recommendations The applicant proposes the addition of riprap channelward of the existing bulkhead to address the on-going erosion problem on the site. The riprap in the intertidal zone and the creation of 55 square feet vegetated wetlands from uplands will provide a gain of wetlands habitat. Therefore, the Planning & Community Development Department recommends the project be approved as submitted. Notes: 1. In the event that Distichlis spicata (saltgrass) cannot be sourced for the establishment of the 55 square feet new vegetated wetlands (Sheet 6 of 12), Spartina patens (saltmeadow hay) may be considered as a substitute. 2. The applicant must contact the Development Services Center at (757) regarding site plan requirements for land disturbance in excess of 2,500 square feet. Robert Lincoln, et al Agenda Item A Page 5

14 Application Number 2016-WTRA Applicant Cynthia Rickman Property Owner Alphine Road Boat Basin Real Estate Trust Public Hearing September 19, 2016 City Council Election District Lynnhaven Agenda Item B Agent Rick Bartlett, Professional Construction Consultants LLC Location Alphine Road Boat Basin GPIN Proposal Remove the existing timber bulkhead Construct a 40 linear-foot quarry stone riprap with a 9 linear foot return wall Construct a 10 x 20-foot open pile timber wharf over the riprap revetment Waterway Manmade canal, tributary to Broad Bay Subdivision Broad Bay Colony Impacts Vegetated Wetlands: 24 square feet Non-vegetated Wetlands: 0 Subaqueous bottom: 0 square feet Dune and/or beach: N/A Overall length of proposed structure: 40 feet Volume of backfill: 0 Proposed Mitigation and/or Compensation Conversion of approximately 24 square feet of vegetated wetlands to approximately 120 square feet of intertidal rock face habitat and subaqueous bottom Cynthia Rickman Agenda Item B Page 6

15 Site Aerial CBPA Variances and Wetlands Board Permit History None found for this property. Cynthia Rickman Agenda Item B Page 7

16 Site Photos Cynthia Rickman Agenda Item B Page 8

17 Summary of Proposal The site s shoreline is hardened with an existing timber bulkhead along the entire reach. The western portion of the bulkhead has failed. This application proposes to remove both the failed section of bulkhead and the deck adjacent to the boat ramp. The upland bank will be excavated, and 40 linear feet of quarry stone riprap revetment installed. A 9 linear foot timber return wall will be installed along the eastern portion of the project. The application states 24 square feet of existing vegetated wetlands will be impacted and converted to riprap. The installation of riprap will establish 120 square feet of new intertidal rock face habitat. The applicant has requested that the excavation of uplands and conversion to intertidal riprap/subtidal habitat qualify as onsite compensation. The applicant is offering an in-lieu fee if the rock face habitat is not deemed adequate. The application states that the primary purpose of this project is for erosion prevention. The secondary purpose is for water access. VIMS Recommendations VIMS has indicated that the subject request is in an Area of Special Concern. Areas of Special Concern include shorelines containing marinas, canals, boat basins, and commercial, military 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. Evaluation and Staff Recommendations In Staff s opinion, removal of the bulkhead and installation of riprap will result in a gain of wetlands habitat. Therefore, the Planning & Community Development Department recommends the project be approved as submitted. Cynthia Rickman Agenda Item B Page 9

18 Application Number 2016-WTRA Applicant/Property Owner John L. Murrell Public Hearing September 19, 2016 City Council Election District Lynnhaven Agenda Item C Agent Richard Calvert, Calvert Marine Location 3755 Oyster Point Quay GPIN Proposal Relocate an existing bank toe channelward Remove trees, create living shoreline Construct a 332 linear feet granite marsh sill Waterway Western Branch of the Lynnhaven River Subdivision Little Neck Impacts Vegetated Wetlands: 1,631 square feet Non-vegetated Wetlands: 4,919 square feet Subaqueous bottom: 0 Dune and/or beach: N/A Overall length of proposed structure: 322 feet Volume of backfill: 110 cubic yards Proposed Mitigation and/or Compensation Conversion of approximately 1,896 square feet of non-vegetated wetlands to intertidal rock face habitat Conversion of approximately 30 square feet of vegetated wetlands to intertidal rock face habitat Conversion of 2,993 square feet of nonvegetated to vegetated wetlands John L. Murrell Agenda Item C Page 10

19 Site Aerial CBPA Variances and Wetlands Board Permit History None found for this property. John L. Murrell Agenda Item C Page 11

20 Site Photos John L. Murrell Agenda Item C Page 12

21 Summary of Proposal The site s shoreline is currently unhardened and exhibits erosion. The erosion appears to be attributable to upland runoff and shoreline shading. The applicant proposes to address the erosion problem along the shoreline by moving the bank toe channelward, establish a new living shoreline, and install a marsh sill. Trees will be removed to reduce marsh shading. Spartina alterniflora (saltmarsh cordgrass) will be sprigged at 12 inches on center within the backfill area. The application states the following: 744 square feet of vegetated wetlands will be lost (not the 804 square feet indicated at the bottom of Sheet 4 of 7 of the application drawings); 887 square feet of vegetated wetlands will be converted to vegetated wetlands; 2,993 square feet of non-vegetated wetlands will be converted to vegetated wetlands; 1,896 square feet of non-vegetated wetlands will be converted to non-vegetated (rock face habitat); 30 square feet of vegetated wetlands will be converted to non-vegetated (rock face habitat). The application drawings indicate on Sheet 4 of 7 that there will be no net loss of wetlands. The applicant has requested that the conversions qualify as onsite compensation. The application states the primary purpose of the project is to stop the heavy erosion and protect the property. The secondary reason is to create a new marsh. 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 enhance the riparian/marsh buffer, widen the marsh, and enhance/maintain the riparian buffer. This shoreline is primarily a low energy shoreline with a small section receiving moderate energy. Along the low energy section of shoreline, we recommend planting riparian and marsh vegetation to provide stabilization and wave attenuation while fostering the sustainability of shoreline resources. Rock is not deemed necessary along this section and will unnecessarily impact marine resources including vegetated wetlands. In areas along the upland bank where the slope may be steep (nearing vertical), eroding, or vegetation is not growing, erosion may be alleviated by grading the bank to achieve a more gradual slope to dissipate wave energy and sustain vegetation for stabilization. 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 planted in a variety of native, deep-rooted grasses and woody-shrubs. The riparian buffer area extends 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. Marsh Buffer: Slow wave energy down, collect sediment, and increase the distance between the upland bank and tidal action along this shoreline by widening the existing marsh fringe and planting fringe where it John L. Murrell Agenda Item C Page 13

22 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. a. Planting new marsh may require the placement of sand fill to achieve elevation appropriate for marsh grass. b. Overhanging tree limbs may need to be pruned to allow sunlight to reach the marsh grass and allow it to grow. c. Periodically monitor marsh for signs of damage and dead plants, especially after installation and after a storm. Along the moderate energy section of this shoreline where energy dictates protection in addition to vegetation, a properly designed rock sill placed channelward of the widened or created marsh fringe is acceptable. Sills placed in the nearshore or offshore maintain the connection between the upland and intertidal area allowing natural functions depended upon the water/land continuum to continue, improving the likelihood that tidal shoreline ecosystems will be sustained in the future. The agent states in the JPA This project will result in a loss of 804 square feet of vegetated wetlands. And the project will result in the conversion of 2,993 SF of non-vegetated wetlands to vegetated wetlands. With the conversion of 2,993 square feet of vegetated wetlands there will be no net loss. We would not consider this project to be no-net loss. The VMRC Wetlands Mitigation-Compensation Policy 4 VAC H states, In selecting a compensation site, one aquatic community should not be sacrificed to create another. The loss of vegetated wetlands must be off-set by the creation of wetlands from uplands, not conversion of nonvegetated wetland resources to vegetated wetland resources. Evaluation and Staff Recommendations The application indicates 744 square feet of vegetated wetlands will be lost (not the 804 square feet indicated at the bottom of Sheet 4 of 7 of the application drawings). Staff considers this a wetlands loss. However, the application conforms to the Commonwealth s preferred approach for shoreline erosion abatement. Therefore, the Planning & Community Development Department recommends approval subject to the following Conditions: 1. Eliminate the 744 square feet of dirt, sand, and clay fill below the toe of slope, thus negating the wetlands loss; 2. A stockpile and staging area must be shown on the revised plans; 3. A wire-reinforced silt fence shall be installed at the base of the relocated toe of slope and shall be maintained daily until a vegetative cover has been established; 4. Only one access route shall be utilized; 5. Please provide a note on the cross sections that the backfill will have positive drainage; 6. The applicant must contact Development Services Center at regarding site plan requirements for land disturbance in excess of 2,500 square feet. John L. Murrell Agenda Item C Page 14

23 Application Number 2016-WTRA Applicant/Property Owner John B. Horner Trust Public Hearing September 19, 2016 City Council Election District Beach Agenda Item D Agent Richard Calvert, Calvert Marine Location 436 Southside Road GPIN Proposal Remove the existing concrete seawall Construction of a 154 linear feet of granite riprap Waterway Lake Wesley Subdivision Rudee Heights Impacts Vegetated Wetlands: 0 Non-vegetated Wetlands: 48 square feet Subaqueous bottom: 32 square feet Dune and/or beach: N/A Overall length of proposed structure: 154 feet Volume of backfill: 90 cubic yards Proposed Mitigation and/or Compensation Conversion of 48 square feet of nonvegetated wetlands to approximately 1,078 square feet of riprap rock face habitat John B. Horner Trust Agenda Item D Page 15

24 Site Aerial CBPA Variances and Wetlands Board Permit History None found for this property. John B. Horner Trust Agenda Item D Page 16

25 Site Photos John B. Horner Trust Agenda Item D Page 17

26 Summary of Proposal The site s shoreline is currently hardened with a concrete seawall along the entire reach. The seawall has failed and there is loss of backfill into receiving waters. The applicant proposes the removal and demolition of the failed seawall, re-grading of the bank with sand/gravel backfill, and a new riprap revetment. Some of the demolished concrete will be recycled onsite as the base for the new riprap. Any remaining concrete will be disposed of off-site in a lawful manner. The applicant has stated that 48 square feet of non-vegetated wetlands will be impacted and requests that the new riprap rock face habitat qualify as onsite compensation. The application states the primary purpose of this project is to replace the failing wall that is allowing erosion to occur. VIMS Recommendations This is a low energy shoreline. Along low energy shorelines, providing stabilization and wave attenuation through riparian and marsh vegetation is generally recommended. However, the use of preferred management options that foster the sustainability of tidal shoreline ecosystems is limited at this site by choices already made on the shoreline, such as the construction of the pool, house and deck in close proximity to the shoreline. 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. Due to the location of the existing upland improvements in close proximity to the shoreline, removing the concrete bulkhead and installing a revetment is an acceptable alternative approach to controlling erosion along this site. Revetments dissipate wave energy better than bulkheads. The Resource Protection Area (RPA) on this site appears to be primarily in mowed turf grass. To provide additional erosion control benefits to this shoreline, planting the RPA (extending from the riprap to 100 feet inland) in a variety of native grasses, woody shrubs and trees is recommended. Waterfront lawn area and routine mowing should also be minimized in the buffer. Note from Staff: The above paragraph is relevant to sites within the Chesapeake Bay watershed. This project is located within the Owls Creek watershed. Evaluation and Staff Recommendations As it exists, the shoreline continues to result in considerable loss of uplands into the marine resource. The subject request will abate the erosion. Therefore, the Planning & Community Development Department recommends the project be approved, subject to the following Conditions: 1. The existing concrete that is recycled onsite shall be broken to appropriate sizes for base material; 2. The full limits of construction shall be shown on the revised site plans and shall address accessibility around the pool and patio; 3. Only one access route shall be utilized; 4. The oysters shall be relocated in Lake Wesley within the intertidal zone to the greatest extent practicable. John B. Horner Trust Agenda Item D Page 18

27 Application Number 2016-WTRA Applicant/Property Owner Ronald C. Ripley Public Hearing September 19, 2016 City Council Election District Princess Anne Agenda Item E Agent Robert Simon, Waterfront Consulting Inc. Location 2900 Sandfiddler Road GPIN Proposal Construct a 242 square foot deck Waterway Atlantic Ocean Subdivision Sandbridge Beach Impacts Vegetated Wetlands: 0 Non-vegetated Wetlands: 0 Subaqueous bottom: 0 Dune and/or beach: 242 square feet Overall length of proposed structure: 0 feet Volume of backfill: 0 cubic yards Proposed Mitigation and/or Compensation N/A Ronald Ripley Agenda Item E Page 19

28 Site Aerial CBPA Variances and Wetlands Board Permit History None found for this property. Ronald Ripley Agenda Item E Page 20

29 Site Photos Ronald Ripley Agenda Item E Page 21

30 Summary of Proposal The subject site is an unbulkheaded lot developed with a single family residence and accessory structures. The proposed deck expansion impacts a coastal beach. This is a request to extend the first floor deck out to the limits of the existing second floor deck. Approximately 242 square feet of the deck will shade the beach. The application states that the primary purpose of the project is for a deck addition. Evaluation and Staff Recommendations The property contains Beach Vitex, a non-native invasive species. This species is quarantined by the Virginia Department of Agricultural and Consumer Services (VDACS). Any and all methods of transporting live Beach Vitex is illegal. Due to the project s minimal impact on the environment, the Planning & Community Development Department recommends the project be approved subject to the following Conditions: 1. Any loss of dune vegetation attributable to the limits of construction and the new structure shall be restored with the appropriate dune vegetation (e.g., American beachgrass). Plugs of the existing vegetation may be harvested and planted. 2. Prior to any issuance of the building permit of the deck, the applicant must eradicate the plants and provide verification to Waterfront Operations. City-sponsored Beach Vitex eradication is scheduled for this fall and any construction activity shall be coordinated with an eradication plan/schedule. Please contact Charles McKenna at (757) for additional information. Ronald Ripley Agenda Item E Page 22

31 Application Number 2016-WTRA Applicant/Property Owner Stephen E. Konikoff Public Hearing September 19, 2016 City Council Election District Lynnhaven Agenda Item F Agent Robert Simon, Waterfront Consulting Inc. Location 1252 Crystal Lake Circle GPIN Proposal Install approximately 77 linear feet of riprap sill Rework/restack the existing riprap revetment Waterway Crystal Lake Subdivision Bay Colony Impacts Vegetated Wetlands: 10 square feet Non-vegetated Wetlands: 205 square feet Subaqueous bottom: 127 square feet Dune and/or beach: 0 Overall length of proposed structure: 77 feet Volume of backfill: 5 cubic yards Proposed Mitigation and/or Compensation Conversion of 10 square feet of vegetated and 205 square feet of nonvegetated wetlands to intertidal rock face habitat Stephen Konikoff Agenda Item F Page 23

32 Site Aerial CBPA Variances and Wetlands Board Permit History On March 26, 2015, the Wetlands Board approved a permit to construct a riprap marsh sill and rework existing riprap with the condition that when the existing riprap is reworked, install filter fabric beneath, bury toe to MLW, and slope at 3:1 to the greatest extent practicable. Newly exposed area should be sprigged with saltmeadow hay, 12 inches on center. Stephen Konikoff Agenda Item F Page 24

33 Site Photos Stephen Konikoff Agenda Item F Page 25

34 Summary of Proposal The site s shoreline exhibits moderate erosion of the existing fringe marsh due in part to coastal storm events and possible sea level rise. Quarry stone has been installed along portions of the shoreline. These portions of shoreline with quarry stone are located in the intertidal area and landward of the marsh. This application proposes the installation of approximately 77 linear foot of marsh toe riprap sill, and rework the existing revetment structure. The application indicates that 10 square feet of vegetated and 205 square feet of non-vegetated wetlands will be impacted and converted to riprap rock face habitat. The applicant has requested that this conversion qualify as onsite compensation. The applicant has stated that the primary purpose of the sill is for fringe marsh preservation. VIMS Recommendations Along moderate energy shorelines with marsh fringe, the preferred approach is a marsh sill. However, the upland at this site has been developed in close proximity to the shoreline and a revetment has already been installed to protect the built infrastructure. To reduce impacts to the tidal shoreline ecosystems, the preferred approach at this modified site would be to rework the existing riprap as necessary to protect the integrity of the structures built too close to the shoreline and not increase impacts by installing multiple structures (riprap & sill) on a single site. If protecting the existing marsh is deemed to provide erosion control protection for the site, a marsh sill would be beneficial in protecting the marsh fringe. However, the marsh fringe is most likely not sustainable in the face of sea-level rise due to the developed upland restricting landward migration of the marsh feature. Evaluation and Staff Recommendations The prior Wetlands Board approval on March 26, 2015, required the following: When the existing riprap is reworked, install filter fabric beneath, bury toe to MLW, and slope at 3:1 to the greatest extent practicable. Newly exposed area should be sprigged with salt meadow hay, 12 on center. Note: Exposed area resulting from re-worked revetment may be considered for wetlands compensation. A recent field visit confirms that existing site conditions are similar with those in March Therefore, the following same Conditions are recommended for the project: 1. When the existing riprap is reworked, install filter fabric beneath, bury toe to MLW, and slope at 3:1 to the greatest extent practicable. Newly exposed area should be sprigged with Spartina patens (salt meadow hay), 12 inches on center. 2. Provide a section view showing the re-worked riprap landward of the proposed marsh sill. Stephen Konikoff Agenda Item F Page 26

35 Application Number 2016-WTRA Applicant/Property Owner James Flynn, et al Public Hearing September 19, 2016 City Council Election District Lynnhaven Agenda Item G Agent Robert Simon, Waterfront Consulting Inc. Location 1500 and 1501 Oak Hill Court GPINs Proposal Construct 237 linear feet of Class A1 granite riprap sill Waterway Linkhorn Bay Subdivision Linkhorn Oaks Waterfront Impacts Vegetated Wetlands: 0 Non-vegetated Wetlands: 944 square feet Subaqueous bottom: 0 Dune and/or beach: N/A Overall length of proposed structure: 237 feet Volume of backfill: 0 Proposed Mitigation and/or Compensation Conversion of 944 square feet of nonvegetated wetlands to intertidal rock habitat Conversion of 100 square feet of nonvegetated wetlands to 100 square feet of vegetated wetlands James Flynn, et al Agenda Item G Page 27

36 Site Aerial CBPA Variances and Wetlands Board Permit History November 17, 1992: CBPA Board grants a variance for the Linkhorn Oaks subdivision that permits development within the RPA on the property that will ultimately become 1500 and 1501 Oak Hill Court. August 26, 2002: CBPA Board grants a variance for J.L. McWaters at 1501 Oak Hill Court for a single family residence, concrete driveway, pool and decks. June 11, 2008: Wetlands Board approves an application for Jeffrey McWaters for backfill and marsh toe sill. October 20, 2014: Wetlands Board approves an application for James Flynn for marsh toe sill. The Conditions are as follows: 1. No portion of quarry stone marsh sill shall be installed over existing tidal fringe marsh. As such, amend the application and alignment to reflect a trilateral design structure as close to existing vegetation as possible along those portions of the project where marsh vegetation would be impacted. Said design should also achieve a vertical height at or slightly above MHW. Contact Waterfront Operations to discuss gap spacing and overlaps prior to re-submission of the site plan. 2. All existing upland vegetation (trees, shrubs, organic forest floor) within the full limits of construction, shall be restored in-kind immediately following construction. 3. Note on the site plan the inclusion of underlying filter fabric. James Flynn, et al Agenda Item G Page 28

37 4. Call Waterfront Operations staff at for an on-site pre-construction meeting with the contractor, landowner, and agent to address limits of clearing, construction access, stockpile and staging area, mechanical vs manual operations, and in-kind replacement of upland vegetation. 5. Please contact the Development Services Center at regarding the need to submit a stormwater management plan given the approximate 3,200 square feet of land disturbance. James Flynn, et al Agenda Item G Page 29

38 Site Photos James Flynn, et al Agenda Item G Page 30

39 Summary of Proposal The site is experiencing erosion along the shoreline due in part to banks which are subjected to tidal storm events and possible boat wake. On October 14, 2014, the Wetlands Board approved an application to install a sill to help protect the shoreline. The approval has since expired and the sill has not yet been installed. This request is for the same sill design but with modifications in order to address some of the prior Board Conditions. The applicant also proposes to use the material excavated from the riprap toe as backfill directly behind the new sill. This backfill will be sprigged with Spartina alterniflora (saltmarsh cordgrass) and will results in the conversion of 100 square feet of existing non-vegetated wetlands to vegetated wetlands. The application indicates a total of 944 square feet of non-vegetated wetlands will be converted to intertidal rock habitat and vegetated wetlands. The applicant has requested that the conversion of non-vegetated to rock habitat and vegetated wetlands qualify as onsite compensation. The application indicates the primary purpose of the project is to protect the existing marsh sill. 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 plant a marsh with sill. Therefore, the proposed shoreline management practice reflects the Commonwealth s preferred approach for shoreline stabilization to foster the sustainability of the tidal shoreline ecosystem at this site. Evaluation and Staff Recommendations The current proposal has addressed the prior Conditions of the Wetlands Board. It is Staff s opinion that there is no wetlands habitat loss and the application conforms to the Commonwealth s preferred approach for shoreline erosion abatement. Therefore, the Planning & Community Development Department recommends the project be approved as submitted. Note: The applicant must contact Development Services Center at regarding site plan requirements for land disturbance in excess of 2,500 square feet. James Flynn, et al Agenda Item G Page 31

40 Application Number 2016-WTRA Applicant/Property Owner Edward G. Augustine Public Hearing September 19, 2016 City Council Election District Lynnhaven Agenda Item H Agent Billy Garrington, Governmental Permitting Location 1044 Curlew Drive GPIN Proposal Remove the existing failed concrete bulkhead and debris Construct a 401 linear feet wooden bulkhead Install riprap channelward of bulkhead Waterway Linkhorn Bay Subdivision Birdneck Point Impacts Vegetated Wetlands: 0 Non-vegetated Wetlands: 578 square feet Subaqueous bottom: 0 Dune and/or beach: N/A Overall length of proposed structure: feet Volume of backfill: 263 cubic yards Proposed Mitigation and/or Compensation Creation of 1,828 of non-vegetated wetlands excavated from uplands Edward G. Augustine Agenda Item H Page 32

41 Site Aerial CBPA Variances and Wetlands Board Permit History None found for this property. Edward G. Augustine Agenda Item H Page 33

42 Site Photos Edward G. Augustine Agenda Item H Page 34

43 Summary of Proposal Portions of the site s shoreline are currently hardened with a vertical concrete bulkhead, riprap revetment, and various rubble and debris at the edge of the water and upland. The bulkhead exhibits failure and the shoreline is experiencing erosion which is primarily attributable to coastal storm events. The eastern portion of the site has less erosion and includes a sandy beach present. The existing riprap, rubble, and debris were installed landward and channelward of the concrete bulkhead sections by previous owners in attempts to abate the erosion. The applicant proposes to remove the concrete bulkhead and rubble debris and excavate uplands. Post excavation, a treated timber bulkhead will be installed with riprap toe protection along portions the project. The upland bank will be re-graded. The application indicates that approximately 578 square feet of non-vegetated wetlands will be impacted. The excavated uplands and new rock habitat will result in the creation of approximately 1,828 square feet of non-vegetated wetlands. The applicant has requested this creation of non-vegetated wetlands qualify as onsite compensation. The applicant has stated the primary purposes of this project is to halt erosion and protect the property. VIMS Recommendations A replacement bulkhead with riprap toe is proposed along the low/moderate energy shoreline of Linkhorn Bay. Currently, there is an existing bulkhead and rock, brick and concrete block debris situated along the project shoreline with a house located approximately 70 feet from the existing shoreline structures. Bulkheads and riprap sever the connection between the upland and the intertidal area interrupting the natural processes and functions that occur at the ecologically essential intersection between water and land, limiting the ability of the natural systems to perform vital tidal shoreline functions and reducing the probability that tidal shoreline ecosystems and resources will be sustained in the future. The preferred approach to providing erosion control to this shoreline while preserving and maintaining tidal wetland ecosystems is to remove existing shoreline structures (bulkhead and debris). 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 and debris along this shoreline 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. Once the debris is removed, the bank may need to be graded in select areas to achieve a gradual slope to dissipate wave energy 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. 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. Edward G. Augustine Agenda Item H Page 35

44 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, as bulkhead does, increasing the probability that tidal shoreline ecosystems will be sustained in the future. The site suitability for a sill must be determined, including bottom hardness, navigation conflicts, construction access limitations, orientation and available sunlight for plants. To provide additional erosion control benefits to this shoreline, planting and maintaining the riparian buffer area (extending a minimum 100 feet inland from the shoreline structure) in a variety of deep-rooted native shrubs, grasses, and small tree plantings is recommended. Waterfront lawn area should be minimized in the riparian buffer area (RPA) and routine mowing in the buffer reduced to allow vegetation to establish. Mowing to the edge of the shoreline reduces the erosion control ability of the shoreline. Evaluation and Staff Recommendations Staff is of the opinion that the project will result in a gain of wetlands habitat, provide a solution to the ongoing erosion by restoring the shoreline, and expand the marine resource by creating wetlands from uplands. Therefore, the Planning Department recommends the project be approved subject to the following Conditions: 1. Revise Sheet 2 of 30 (plan view) to reflect the new bulkhead as wood and to clearly show and label the correct alignment along the eastern reach of shoreline; 2. The existing rubble and debris seaward of the existing concrete wall shall be removed from the water column to the greatest extent practicable. The existing quarry stone with the oysters shall be relocated within the intertidal zone of the proposed riprap to the greatest extent practicable; 3. Along the portions of the project where the newly established area seaward of the toe is intertidal, Spartina alterniflora (saltmarsh cordgrass) shall be sprigged, 12 inches on center, beginning mid-tide and landward (Sheets 12 and 13). Edward G. Augustine Agenda Item H Page 36

45 Location 538 South Atlantic Avenue GPIN Waterway Atlantic Ocean Subdivision Croatan RESTORATION HEARING Violation Number 2016-WTRV Applicant/Property Owner Richard Yanek Public Hearing September 19, 2016 City Council Election District Princess Anne Richard Yanek Restoration Hearing Agenda Item A Page 37

46 Site Aerial CBPA Variances and Wetlands Board Permit History On June 15, 2016, the Wetlands Board held a Show Cause hearing for the unauthorized grading of a coastal primary sand, removal of dune vegetation, installation of a wooden fence, raised flower beds via segmental block wall, and playground equipment. A civil charge of $100 was assessed and a Restoration Hearing was ordered. Richard Yanek Restoration Hearing Agenda Item A Page 38

47 Site Photos Richard Yanek Restoration Hearing Agenda Item A Page 39

48 Evaluation and Staff Recommendations The subject unauthorized activity involved the grading of a coastal primary sand, removal of dune vegetation, installation of a wooden fence, raised flower beds via segmental block wall, and playground equipment. The unauthorized activity occurred off-site within the unimproved City right-of-way in the Croatan area along the Atlantic Ocean and 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 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 unauthorized grading and lowering of the beach dune system and possible temporary loss of beach/dune vegetation is inconsistent with the policy of the Commonwealth and Coastal Primary Sand Dune/Beach Ordinance. The Wetlands Guidelines note that vegetation is the most effective protection for the land against the sea in establishing and maintaining a coastal position, and for that reason, during permitted construction, all precautions should be taken to retain as much natural vegetation as possible on the dunes and upper beaches. A recent site inspection revealed the playground equipment has been removed. The wooden fence still exists. The dune crest remains denuded. There are construction materials stockpiled on the dune. The raised flower beds via segmental block walls remains. Portions of the block walls that form raised flower beds are located in the City right-of-way. The Planning & Community Development Department is of the opinion that the site be restored in accordance with the following: 1. The wooden fence and construction materials must be removed and disposed of in a lawful manner; 2. The disturbed area must be stabilized with American beachgrass, sprigged 12 inches on center; 3. The restoration must be completed by October 31, 2016 and must be maintained in perpetuity; 4. Should the applicant wish to retain the segmental block walls in the City right-of-way, please contact Public Works/Real Estate at (757) Richard Yanek Restoration Hearing Agenda Item A Page 40