wetlands board hearing procedures · d. all other speakers not represented by the spokesperson in...

* Deferral ** Withdrawal

Wetlands Board Staff Report July 20, 2020

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. If you desire to speak at the public hearing you must notify Staff prior to 9 am, July 20, 2020 at (757) 385-4621. Citizens are encouraged to submit comments to the Wetlands Board prior to the public hearing via email to [email protected] or via United States Mail to David K. Compton, 2875 Sabre Street, Suite 500, Virginia Beach, VA 23452. There will be limited seating in Council Chambers for citizens who wish to attend the meeting in person. For those citizens who desire to attend this meeting virtually via WebEx, registration is required. Please visit www.vbgov.com/wetlands or enter the following URL into your web browser to register: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ec0aeed2f41e20fd334f71c53465404dc. Staff will attempt to facilitate real-time citizen participation/comments in the public hearing for both citizens attending in person and virtually for those citizens who registered, which includes speaker’s name, physical address, email address, and phone number. For more information on this process, please review the Wetlands Board website at www.vbgov.com/wetlands or contact Staff at (757) 385-4621. 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.

THE FOLLOWING DESCRIBES THE ORDER OF BUSINESS FOR THE PUBLIC HEARING

1. WITHDRAWALS AND DEFERRALS: The first order of business is the consideration of withdrawals or requests to defer an item. The Board will ask those in attendance at the hearing if there are any requests to withdraw or defer an item that is on the agenda. PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING WITHDRAWN OR DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN.

a. An applicant may WITHDRAW an application without the Boards’s approval at any

time prior to the commencement of the public hearing for that item. After the commencement of the hearing, however, the applicant must request that the Wetlands Board allow the item to be withdrawn.

b. In the case of DEFERRALS, the Board’s policy is to defer the item 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

http://www.vbgov.com/wetlands

https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ec0aeed2f41e20fd334f71c53465404dc

http://www.vbgov.com/wetlands



than discussing what your specific issue is with the application. 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.



10:00 A.M. – PUBLIC HEARING OLD BUSINESS - WETLANDS

1. 2019-WTRA-00127 Charles C. Pogue [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To construct a rip rap revetment involving wetlands 303 Teal Crescent (GPIN 2433-26-1791) Waterway – Pike Inlet Subdivision – Sandbridge Shores Council District – Princess Anne

2. 2020-WTRA-00109 Gary Allen [Applicant] Allen RLT [Owner] DEFERRED FROM JUNE 15, 2020 To construct rip rap involving wetlands 601 Goldsboro Ave (GPIN 2427-01-8768) Waterway – Rudee Inlet Subdivision – Shadow Lawn Heights Council District – Beach

NEW BUSINESS – WETLANDS

3. 2020-WTRA-00113 Richard W. Zahn, Sr [Applicant/Owner] To construct rip rap, marsh sill, coir log, and plant vegetation involving wetlands 2033 Sunset Point (GPIN 2409-23-7264) Waterway – Overstreet Cove Subdivision – Baycliff Council District – Lynnhaven



4. 2020-WTRA-00121 David Meyer [Applicant] Kathy M. Meyer [Owner] To remove rip rap involving wetlands 344 Pike Circle (GPIN 2433-30-6408) Waterway – North Bay Subdivision – Back Bay Meadows Council District – Princess Anne 5. 2020-WTRA-00143 Todd Miller [Applicant] Miller Living Trust [Owner] To rework rip rap revetment involving wetlands 2900 Wood Duck Drive (GPIN 2433-24-7761) Waterway – Man-Made Canal off Mill Creek Subdivision – Sandbridge Shores Council District – Princess Anne

SHOW CAUSE HEARING

6. 2020-WTRV-00001 & 2020-WTRV-00002 Nathan Davis, Grade A Landscaping & Land Development LLC [Contractor] Unauthorized sand grading involving a Coastal Primary Sand Dune/Beach 2448 Sandfiddler Road (GPIN 2434-12-3465) Waterway – Atlantic Ocean Subdivision – Sandbridge Oceanfront Council District – Princess Anne

Deferral Requested

Charles C. Pogue Agenda Item 1

Page 1

Application Number 2019-WTRA-00127 Property Owner Charles C. Pogue Public Hearing July 20, 2020

City Council Election District Princess Anne REQUEST FOR 1 YEAR EXTENSION

Agent Robert Simon, Waterfront Consulting, Inc. Location 303 Teal Crescent GPIN 2433261791 Proposal To construct 58 linear feet of rip rap revetment Staff Recommendation Approval as Modified Waterway Pike Inlet Subdivision Sandbridge Shores Impacts Non-vegetated Wetlands: 200 square feet Overall length of proposed structure: 58 linear feet Volume of Backfill: 5 cubic yards Proposed Mitigation and/or Compensation Onsite compensation

Agenda Item 1

Charles C. Pogue Agenda Item 1

Page 2

Site Aerial

Gary Allen Agenda Item 2

Page 1

Application Number 2020-WTRA-00109 Applicant Gary Allen Owner Allen RLT Public Hearing July 20, 2020

City Council Election District Beach

Agent Richard Calvert, Calvert Marine Location 601 Goldsboro Avenue GPIN 2427-01-8768 Staff Planner Charles McKenna Proposal To construct rip rap involving wetlands Staff Recommendation Approval as Modified Waterway Rudee Inlet Subdivision Shadow Lawn Heights Impacts Vegetated wetlands: 10 square feet Non-vegetated wetlands: 539 square feet Overall length of proposed structure: 125.5 linear feet Volume of backfill: 50 cubic yards Proposed Mitigation and/or Compensation On site and payment of an in-lieu fee

Agenda Item 2


Page 2

This property is in the Atlantic Ocean Watershed. No recent Wetlands Board permits were found for this property.

Site Aerial Map

CBPA Variances & Wetlands Board Permit History


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Proposed Site Plan


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Site Photos


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Site Photos


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The applicant is proposing to excavate uplands and a portion of the existing rip rap, cut the existing bulkhead off below grade and rework the existing rip rap revetment and extend it landward. The upland area behind the bulkhead will be excavated and new filter cloth installed prior to the placement of the rip rap. A timber curb will be installed on top of the rip rap revetment. A 27 linear-foot return wall is proposed along the western property line. The area will be backfilled with sand as necessary.

The existing rip rap appears to have settled and has exposed the bulkhead. The bulkhead is deteriorating and appears to be losing backfill. The project will impact 539 square feet of existing non-vegetated rock habitat and will create 312 square feet of rock habitat from uplands behind the existing bulkhead. There will be 32 square feet of non-vegetated wetlands loss where an eroded area behind the existing bulkhead will be backfilled after installation of the return wall. The project also impacts 10 square feet of vegetated wetlands behind the existing bulkhead. The applicant proposes to mitigate the 32 square feet of non-vegetated wetland loss and 10 square feet of vegetated wetlands loss by payment of an in-lieu fee. The agent has indicated that installation of a living shoreline is not feasible on this property due to the small size of the backyard and because improvements are located less than 15 feet from the bulkhead. In addition, there is heavy boat traffic in this area because the property is located directly across from a commercial marina, which would hinder the long-term viability of a living shoreline due to boat wakes. Prior to the June public hearing, Staff discovered this project encroached onto the adjacent property of 227 Associated, LLC. The application lacked authorization from 227 Associated LLC and was deferred to allow the applicant time to obtain the required signatures or revise the project to remove the portions of the project that encroached onto the adjacent property. Subsequently the agent provided a re-subdivision plat for applicant’s property. The re-subdivision plat conveyed a portion of Lake Rudee owned by the City of Virginia Beach to the applicant. However, the plat also showed an area of “overlap” between the applicant’s property and 227 Associated, LLC. Overlap occurs when the legal descriptions of adjoining properties do not come flush to each other, and each legal description includes a portion of the other, and title issues must be resolved. Accordingly, the Department of Planning and Community Development Staff recommend that the application be approved as modified with the following conditions:

1. Remove the portions of the project in the overlapping property area. 2. Revised plans and wetlands impact numbers shall be submitted to Virginia Marine Resources Commission

(VMRC) and ultimately approved by the Department of Planning and Community Development prior to the issuance of a building permit.

Summary of Proposal

Evaluation & Staff Recommendations


Page 7

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 email.

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 757-385-8246.

Next Steps

Richard W. Zahn, Sr Agenda Item 3

Page 1

Application Number 2020-WTRA-00113 Applicant/Owner Richard W. Zahn, Sr Public Hearing July 20, 2020

City Council Election District Lynnhaven

Agent David Kledzik, Marine Engineering Location 2033 Sunset Point GPIN 2409-23-7264 Staff Planner Whitney McNamara Proposal To construct rip rap, a coir log marsh sill, and plant vegetation involving wetlands Staff Recommendation Approval as Submitted Waterway Overstreet Cove Subdivision Baycliff Impacts Non-vegetated Wetlands: 342 square feet Subaqueous Bottom: 489 square feet Overall length of proposed structure: Rip rap 237-linear feet, coir log marsh sill 30-linear feet Proposed Mitigation and/or Compensation Onsite

Agenda Item 3


Page 2

This property is in the Chesapeake Bay Watershed; however, no recent CBPA Board Variances or Wetlands Board permits were found for this property.

Site Aerial Map



Page 3

Proposed Site Plan


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Site Photos


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Site Photos


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The applicant proposes to install a 237 linear foot rip rap revetment to replace an existing timber bulkhead and a 30 linear foot coir log marsh sill with sand backfill and wetlands plants. The project will impact approximately 342 square feet of non-vegetated wetlands and 489 square feet of subaqueous bottom. The applicant proposes onsite compensation for the conversion of non-vegetated wetlands to non-vegetated rock habitat. In addition, approximately 274 square feet of vegetated wetlands will be enhanced in the area behind the proposed coir log, and 20 square feet of vegetated wetlands will be created by grading down uplands and planting wetlands vegetation. The primary purpose is to protect the property from erosion.

The existing timber bulkhead is failing, and the shoreline is characterized by a steep bank and several mature trees that shade the shoreline. Due to these factors, it would be difficult to install a living shoreline along the entire shoreline without major land disturbance to re-grade the lot and remove the trees. Staff supports the applicant’s proposal to remove the existing bulkhead and replace it with a rip rap revetment, and agrees with the applicant’s agent that the cove on the east end of the shoreline is the best location for a living shoreline by enhancing existing vegetated wetlands. The applicant’s agent included a note to provide the Department of Planning and Community Development with a monitoring plan for three consecutive growing seasons. There is a large observation deck overhanging the shoreline. Construction equipment may need to access that area to remove the bulkhead and construct the rip rap. Additional approvals may be required to remove and reconstruct the observation deck. Staff supports onsite compensation for the conversion of non-vegetated wetlands to non-vegetated rock habitat, the core log marsh sill and enhancement of the existing vegetated wetlands, and creation of 20 square feet of wetlands from uplands. As such, the Department of Planning and Community Development recommends that the application be approved as submitted as shown on the plans for Richard W Zahn, Sr sealed on May 8, 2020.





Summary of Proposal


Next Steps

David & Kathy Meyer Agenda Item 4

Page 1

Application Number 2020-WTRA-00121 Applicant David & Kathy Meyer Owner Kathy M. Meyer Public Hearing July 20, 2020

City Council Election District Princess Anne

Agent R. Harold Jones, Sigma Environmental Services, Inc. Location 344 Pike Circle GPIN 2433-30-6408 Staff Planner Whitney McNamara Proposal To remove rip rap involving wetlands Staff Recommendation Deferral Waterway North Bay Subdivision Back Bay Meadows Impacts Non-vegetated Wetlands: 53 square feet Subaqueous Bottom: 149 square feet Proposed Mitigation and/or Compensation Not Specified

Agenda Item 4


Page 2

This property is in the Southern Rivers Watershed. No recent Wetlands Board permits were found for this property.

Site Aerial Map



Page 3

Proposed Site Plan


Page 4

Site Photos


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The applicant is proposing to remove approximately 40 cubic yards of rip rap to create an entryway into a proposed 12-foot by 30-foot boat basin. The removed rip rap will either be placed landward of Mean High Water, landward of a wooden retaining wall, or removed from the site. The proposed project will have a loss of approximately 53 square feet of non-vegetated rock habitat.

The property is currently being redeveloped and the applicant proposes to construct a boat basin with covered boat lift. The majority of the project will impact uplands, outside the Wetlands Board jurisdiction; however, in order to create an entryway into the boat basin, a portion of the rip rap revetment will need to be removed to provide water access. During review of the project, Staff discovered that a portion of the rip rap that will be removed is located offsite on property owned by Charles Griffith, Jr. The applicant’s agent has attempted to contact this property owner in order to obtain permission and approval but has not received a response. Accordingly, Staff recommends that the project be deferred to allow the applicant’s agent time to obtain signatures of all property owners or to revise the application so it will not impact additional property.





Summary of Proposal


Next Steps

Todd Miller Agenda Item 5

Page 1

Application Number 2020-WTRA-00143 Applicant Todd Miller Owner Miller Living Trust Public Hearing July 20, 2020

City Council Election District Princess Anne

Agent R. Harold Jones, Sigma Environmental Services, Inc. Location 2900 Wood Duck Drive GPIN 2433-24-7761 Staff Planner Whitney McNamara Proposal To rework rip rap revetment involving wetlands Staff Recommendation Approval as Submitted Waterway Man-made canal off Mill Creek Subdivision Sandbridge Shores Impacts Non-vegetated Wetlands: 350 square feet Overall length of proposed structure: 50 linear feet Proposed Mitigation and/or Compensation Onsite compensation

Agenda Item 5


Page 2

This property is located in the Southern Rivers Watershed. A Wetlands Board permit to rework the rip rap revetment was approved in April 2019, but the work was never completed and the permit has expired.

Site Aerial

CBPA Variances and Wetlands Board Permit History


Page 3

Site Plan


Page 4

Site Photos


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Site Photos


Page 6

The applicant is proposing to re-construct approximately 50 linear feet of rip rap. The existing rip rap will be removed and broken into appropriate angular class A-1 rock size as described in the Shoreline Best Management Practices Manual published by the Marine Resource Commission. Consistent with acceptable construction practices, UV resistant filter cloth will be placed on the slope prior to the replacement of the rip rap. The proposed project will impact 350 square feet of non-vegetated wetlands (existing rip rap). The non-vegetated wetlands impacts are self-mitigating.

The existing rip rap revetment consists of large concrete slabs and the revetment is showing signs of settling into the canal. Shoreline best management practices require concrete to be broken into appropriately sized units when constructing a rip rap revetment (no larger than 1’ by 3’). The large amount of upland space needed to create the appropriate slope for a living shoreline at this property would impact existing upland lot improvements. Filling in the canal to create the slope for a living shoreline would decrease the width of the canal and adversely impact boat traffic. The majority of the shorelines along this canal have a bulkhead for protection from erosion. Staff recommends that the Board accept onsite compensation of the 350 square feet of non-vegetated rock habitat that will remain non-vegetated rock habitat. The applicant has been advised that the floating dock and covered boatlift proposed on City Property will require encroachment approval from City Council before a building permit for those structure can be issued. Accordingly, the Department of Planning and Community Development Staff recommends that the application be approved as submitted.





Summary of Proposal

Evaluation and Staff Recommendations

Next Steps

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