wetlands board hearing procedures - vbgov.com · the applicant’s site is experiencing erosion...

* Deferral ** Withdrawal

Wetlands Board Agenda January 21, 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. A staff briefing is held at 8:45 a.m. in the STiR Office Large Conference Room 110. 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 PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING WITHDRAWN OR DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN.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’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After the commencement of the hearing, however, the applicant must request that the Wetlands Board allow the item to be withdrawn.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.



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.



8:45 A.M. – STAFF BRIEFINGS & DISCUSSION

• REVIEW OF PUBLIC HEARING AGENDA ITEMS • TRAINING (ROBERT’S RULES 101 – PARLIAMENTARY PROCEDURE)

10:00 A.M. – PUBLIC HEARING OLD BUSINESS – COASTAL PRIMARY SAND DUNE/BEACH

1. 2017-WTRA-00297 Department of the Navy [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION

Temporary excavation of the beach for Fixed and/or Floating Piers at the Anzio, Omaha, & Utah Beach Training Area involving a Coastal Primary Sand Dune/Beach Joint Expeditionary Base Little Creek-Fort Story (GPIN 2500876520 & 1469792860) Waterway – Chesapeake Bay Subdivision – Shore Drive Council District –Bayside OLD BUSINESS – WETLANDS

2. 2018-WTRA-00211 Russel L. Smith [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To construct a rip rap revetment, marsh sill, and plant vegetation involving wetlands 2221 Haversham Close (GPIN 1499-95-1069) Waterway – Broad Bay Subdivision – Broad Bay Point Greens District - Lynnhaven



3. 2018-WTRA-00212 Martha Glasser & Edith Murphy, et. al. [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To install a bulkhead involving wetlands 521 & 512 Wilder Road (GPIN 2418-69-4221) Waterway – Crystal Lake Subdivision – North Virginia Beach Crystal A District - Lynnhaven

NEW BUSINESS – WETLANDS

4. 2019-WTRA-00246 Derek D. Duford [Applicant/Owner]

To install a bulkhead involving wetlands 313 Ruddy Crescent (GPIN 2433-24-4061) Waterway – Man-made Canal to North Bay Subdivision – Sandbridge Council District – Princess Anne

5. 2019-WTRA-00250 William A. Yearick, et al. [Applicant/Owner]

To construct rip rap involving wetlands 901 Holladay Point (GPIN 2418-53-7270) Waterway – Little Neck Creek Subdivision – Bay Colony Waterfront Council District – Beach



6. 2019-WTRA-00258 Kirk W. Heath [Applicant/Owner]

To install a bulkhead involving wetlands 2217 Windward Shore Drive (GPIN 2409-18-5903) Waterway – Broad Bay Subdivision – Bay Island Council District – Lynnhaven

7. 2019-WTRA-00259 AJ Potter Investments, LLC [Applicant/Owner]

To install a bulkhead involving wetlands 1539 McCullough Lane (GPIN 2409-81-8242) Waterway – Linkhorn Bay Subdivision – Alanton Council District – Lynnhaven

8. 2019-WTRA-00167 Red Head Realty Corp. [Applicant/Owner]

To install a bulkhead involving wetlands Adjacent to Mill Landing Road (GPIN 2410-71-6099) Waterway – Tributary to Redhead Bay Subdivision – Pungo Council District – Princess Anne

Department of the Navy Agenda Item 1

Page 1

Application Number 2017-WTRA-00297 Property Owner Department of the Navy Public Hearing January 21, 2020

City Council Election District Bayside REQUEST FOR 1 YEAR EXTENSION

Agent Michael H. Jones, Commander Navy Region Mid-Atlantic Location Joint Expeditionary Base Little Creek – Fort Story GPINs 2500-87-6520 & 1469-79-2860 Proposal Temporary excavation of the beach for Fixed and/or Floating Piers at the Anzio, Omaha, & Utah Beach Training Area involving a Coastal Primary Sand Dune/Beach Waterway Chesapeake Bay Subdivision Shore Drive

Agenda Item 1

Department of the Navy Agenda Item 1

Page 2

Site Aerial

P A G E L E F T B L A N K

Russel L. Smith Agenda Item 2

Page 1

Application Number 2018-WTRA-00211 Property Owner Russel L. Smith Public Hearing January 21, 2020

City Council Election District Lynnhaven REQUEST FOR 1 YEAR EXTENSION

Agent David Kledzik, Marine Engineering, LLC Location 2221 Haversham Close GPIN 1499-95-1069 Proposal To construct a rip rap revetment, marsh sill, and plant vegetation involving wetlands Waterway Broad Bay Subdivision Broad Bay Point Greens

Agenda Item 2

Russel L. Smith Agenda Item 2

Page 2

Site Aerial


Martha Glasser & Edith Murphy, et. al. Agenda Item 3

Page 1

Application Number 2018-WTRA-00212 Property Owner Martha Glasser & Edith Murphy, et. al. Public Hearing January 21, 2020

City Council Election District Lynnhaven REQUEST FOR 1 YEAR EXTENSION

Agent Bob Simon, Waterfront Consulting, Inc. Location 521 & 512 Wilder Road GPIN 2418-69-4221 Proposal To install a bulkhead involving wetlands Waterway Crystal Lake Subdivision North Virginia Beach Crystal A

Agenda Item 3

Martha Glasser & Edith Murphy, et. al. Agenda Item 3

Page 2

Site Aerial


Derek D. Duford Agenda Item 4

Page 1

Application Number 2019-WTRA-00246 Applicant Derek D. Duford Public Hearing January 20, 2020

City Council Election District Princess Anne

Agent Robert Simon, Waterfront Consulting, Inc. Location 313 Ruddy Crescent GPIN 2433-24-4061 Staff Planner Charles McKenna Proposal To install a bulkhead, 396 square-foot gazebo, and 1,123 square-foot wharf involving wetlands Staff Recommendation Approval as Modified Waterway Man-made canal to North Bay Subdivision Sandbridge Impacts Non-Vegetated: Bulkhead: 219 square feet Wharf: 1,053 square feet Overall Length of Proposed Structure: Bulkhead: 378 linear feet Wharf: 82 linear feet Proposed Mitigation and/or Compensation Payment of an in-lieu fee

Agenda Item 4


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This property is in the Southern Rivers Watershed. There are no previous Wetlands permits on file.

Site Aerial

CBPA Variances and Wetlands Board Permit History


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Site Plan


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Site Photos


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The applicant is proposing to construct a 378 linear foot bulkhead at the existing bank with two twelve-foot return walls. The proposed bulkhead is located at or landward of the top of slope in as many areas as possible to minimize angles in the proposed wall, with some areas having nonvegetated wetlands impacts. Approximately seven cubic yards of fill will be placed below mean high water behind the proposed bulkhead. The application also includes a 396 square foot gazebo and a 1,123 square foot wharf. The applicant is proposing to pay an in-lieu fee as compensation for the 219 square feet of impacts to non-vegetated wetlands for the bulkhead. The primary purpose of the project is to prevent erosion to the property. The secondary purpose is to provide recreational boating access.

The applicant’s site is experiencing erosion typically associated with a vertical canal bank in Sandbridge. The applicant states that a living shoreline and rip-rap were not considered due to the proximity of the house to the eroding shoreline and narrowness of the existing yard. Any encroachment of riprap or a living shoreline into the narrow canal to the south would adversely impact boat traffic. The applicant wishes to preserve as much upland as possible for future development of the lot. Accordingly, the bulkhead alignment appears to be acceptable. The application also proposes a 656 square foot covered boatslip, a 396 square foot gazebo and a 1,198 square foot wharf. The covered boatslip, the gazebo and the wharf platform are elevated on piles to allow the ebb and flow of the tide, making the structures allowed uses according to the Wetlands Zoning Ordinance. However, the Wetlands Board’s Policies and Procedures require a Wetlands Board permit for a gazebo constructed over wetlands. The 396 square foot gazebo is a reasonable amenity and consistent with other structures in the area, but still requires the Wetlands Board authorization. The Wetlands Board’s Policies and Procedures also requires a permit for observation platforms constructed over wetlands that are more than 100 square feet in size. Attached to the southside of the gazebo is a proposed 1,198 square foot wharf. The Wetlands Board Policy regarding platforms over wetlands attempts to restrict the applicant to a 100 square foot platform. The board has no policy regarding covered boatslips. The Zoning office has indicated that the proposed pier/wharf and covered gazebo will require a Board of Zoning Appeals (BZA) variance for encroaching into the 10-foot setback. The applicant and agent can contact Mr. Jeff Manuel in the Zoning office at (757) 385-5089 regarding the BZA variance. The wetlands under the proposed gazebo and wharf will be shaded however will still nonvegetated wetlands and subject to the ebb and flow of the tide. Accordingly, the Department of Planning and Community Development Staff recommends that the application be approved as modified with the following conditions:

1. The bulkhead and the covered boat slip and gazebo be approved as proposed. A note shall be added to the drawing that the gazebo shall remain open-sided. Screening is permissible.

2. The portion of the proposed wharf over wetlands, south of the gazebo, shall be reduced in size or reconfigured so to shade no more than 100 square feet of jurisdictional wetlands.

3. Revised plans 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.

4. A building permit for the gazebo and wharf shall not be issued until the BZA variance has been obtained.

Staff recommends the Board accept the in-lieu fee as compensation for the 219 square feet of non-vegetated wetlands impacts, and not require compensation for shading from the gazebo, or up to 100 square feet of wharf over nonvegetated wetlands.

Summary of Proposal

Evaluation and 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

William A. Yearick, et al. Agenda Item 5

Page 1

Application Number 2019-WTRA-00250 Applicant William A. Yearick, et al. Public Hearing January 21, 2020

City Council Election District Beach

Agent Robert Simon, Waterfront Consulting, Inc. Location 901 Holladay Point GPIN 2418-53-7270 Staff Planner Whitney McNamara Proposal To construct rip rap involving wetlands Staff Recommendation Approval as Modified Waterway Little Neck Creek Subdivision Bay Colony Waterfront Impacts Non-vegetated Wetlands: 1,308 square feet Subaqueous Bottom: 785 square feet Overall length of proposed structure: 523 feet Proposed Mitigation and/or Compensation Onsite compensation

Agenda Item 5


Page 2

This property is in the Chesapeake Bay Watershed, however, there were no recent CBPA Board Variances found for this property. In 2007, a Wetlands Board Permit was approved to install 500 linear feet of rip rap.

Site Aerial



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Site Plan


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Site Photos


Page 5

The applicant is proposing to install a 523 linear foot veneer layer of rip rap over top of the existing rip rap. The proposed rip rap will impact approximately 1,308 square feet of non-vegetated rock habitat and approximately 785 square feet of subaqueous bottom. Because the applicant is proposing to install new rock over top of existing rock, the applicant is proposing that the non-vegetated wetlands be compensated on-site. The primary purpose of this project is maintenance of the existing rip rap revetment.

The rip rap currently on site was permitted in 2007 to be placed in front of an existing, failing bulkhead. Since then, the rip rap has settled in multiple locations, exposing parts of the bulkhead. The applicant is proposing to install a new layer of rip rap on top of the existing rip rap because this will have the least impact to wetlands. Between points G and J on the proposed plans, the applicant is proposing to increase the height of the existing rip rap from 4.3 feet to 5.3 feet, which would match the height of the existing rip rap along the rest of the shoreline. Fill is proposed behind the new rip rap to a maximum extent of 6 feet, which is considered part of the shoreline stabilization project. Staff supports the applicants request to consider the new rip rap as on-site mitigation for the non-vegetated wetlands impacts, however, when visiting the site, Staff observed several salt bush plants growing in the rip rap. Staff recommends that the applicant quantify these vegetated wetlands impacts and pay an in-lieu fee to mitigate the vegetated wetlands impacts. Accordingly, the Department of Planning and Community Development Staff recommend that the application be approved as modified by the following condition:

1. Vegetated wetlands impacts shall be quantified and an in-lieu fee shall be paid to mitigate the vegetated wetlands impacts. A revised JPA shall be submitted to the VMRC and ultimately approved by the Department of Planning and Community Development prior to the issuance of a building permit.

2. The owner of 128 Pinewood Road must become co-applicant on the application or complete a License Agency Agreement granting permission to construct the rip rap on their property, OR revised plans shall be submitted removing the portion of the rip rap located at 128 Pinewood Road prior to issuance of a building permit.

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.



Summary of Proposal


Next Steps

Kirk W. Heath Agenda Item 6

Page 1

Application Number 2019-WTRA-00258 Applicant Kirk W. Heath Public Hearing January 21, 2020

City Council Election District Lynnhaven

Agent Robert Simon, Waterfront Consulting, Inc. Location 2217 Windward Shore Drive GPIN 2409-18-5903 Staff Planner Whitney McNamara Proposal To construct a bulkhead involving wetlands Staff Recommendation Approval as Submitted Waterway Broad Bay Subdivision Bay Island Impacts Non-vegetated Wetlands: 44 square feet Subaqueous Bottom: 226 square feet Overall length of proposed structure: 149 feet, including two 8-foot returns. Volume of backfill: 15 cubic yards Proposed Mitigation and/or Compensation Payment of an in-lieu fee

Agenda Item 6


Page 2

This property is in the Chesapeake Bay Watershed, however, there are no recent CBPA Board Permits on file for this property. A Building Permit was issued in 2004 to install a replacement bulkhead. Wetlands Board approval was not required because there were no wetlands impacts.

Site Aerial



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Site Plan


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Site Photos


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The applicant is proposing to install a new 133 linear foot bulkhead with two eight linear foot returns no more than two feet channelward of the existing bulkhead. Approximately 15 cubic yards of fill will be placed behind the bulkhead. The proposed bulkhead will impact 44 square feet of non-vegetated wetlands (sandflat) and 226 square feet of subaqueous bottom. The applicant is proposing to pay an in-lieu fee to mitigate the non-vegetated wetlands impacts. The primary purpose of this project is to replace a failing bulkhead.

The proposed bulkhead will replace an existing bulkhead that is showing signs of failure. A bulkhead seems to be an appropriate shoreline stabilization method for this property due to the height of the existing bulkhead, proximity of an upland retaining wall for the pool in the backyard, and the wave action attributed to the fetch in Broad Bay. In addition, during the site inspection, Staff observed some sub-aquatic vegetation (SAV) in the foot print where riprap could be placed. The applicant is proposing to increase the height of the proposed bulkhead by six inches, which is within the range of acceptable waterfront construction practices. The applicant is proposing to limit backfill to within six and a half feet of the proposed bulkhead, which will meet the existing grade and properly fill behind the bulkhead. The non-vegetated wetlands impacts are located along the east end of the bulkhead where mean low water is located channelward of the bulkhead, exposing sandflat during low tide. Staff recommends that the Board accept payment of an in-lieu fee for these wetland impacts. Accordingly, the Department of Planning and Community Development Staff recommend that the application be approved as submitted as shown on the Plans for 2217 Windward Shore Drive received by VMRC on December 19, 2019.





Summary of Proposal


Next Steps

AJ Potter Investments, LLC Agenda Item 7

Page 1

Application Number 2019-WTRA-00259 Applicant AJ Potter Investments, LLC Public Hearing January 21, 2020

City Council Election District Lynnhaven

Agent Robert Simon, Waterfront Consulting, Inc. Location 1539 McCullough Lane GPIN 2409-81-8242 Staff Planner Whitney McNamara Proposal To install a bulkhead involving wetlands Staff Recommendation Approval as Modified Waterway Linkhorn Bay Subdivision Alanton Impacts Vegetated Wetlands: 10 square feet Non-vegetated Wetlands: 319 square feet Subaqueous bottom: 354 square feet Overall length of proposed structure: 348 feet Volume of backfill: 48 cubic yards Proposed Mitigation and/or Compensation Payment of an in-lieu fee

Agenda Item 7


Page 2

This property is located in the Chesapeake Bay Watershed. A Wetlands permit was approved in November 2017 for a replacement bulkhead. The Wetlands Board required Chesapeake Bay Preservation Area (CBPA) Board approval for the height of the bulkhead due to extensive upland fill proposed with the bulkhead. A CBPA Board Variance to demolish the existing single-family structure and construct a new single-family structure was approved on July 23, 2018. The height of the replacement bulkhead was lowered from the approved Wetlands Board plans as part of the approved CBPA Board Variance to limit upland fill. The Wetlands permit for the approved bulkhead was extended once, but expired in November 2019.

Site Aerial



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Submitted Site Plan


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Site Photos


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The applicant proposes to construct a 348 linear foot vinyl bulkhead in front of the existing bulkhead. The new bulkhead is proposed at elevation 4.0 along the sides, and at elevation 5.0 in the middle to provide greater protection to the proposed structure from coastal storms and to allow the lot to be filled near the proposed structure. Approximately 48 cubic yards of fill will be placed below Mean High Water. The applicant is proposing to extend the bulkhead onto the neighboring property to the south to tie in with their existing bulkhead. Four trees will be removed in order to install the bulkhead. Mitigation of those four trees are already accounted for on the approved Chesapeake Bay Preservation Area Site Plan. The application that was submitted indicates that the proposed bulkhead will impact approximately 10 square feet of vegetated wetlands, 319 square feet of non-vegetated wetlands, and 354 square feet of subaqueous bottom. The applicant is proposing to pay an in-lieu fee to compensate for the wetlands losses. The primary purpose of this project is maintenance of the existing bulkhead.

The property is in a state of disrepair and has been for sale prior to the approval of a replacement bulkhead 2017; it is currently under contract. The contract purchaser intends to construct a new residential structure and bulkhead in accordance with the approved CBPA Plan. Because the Wetlands permit expired, a new approval from the Wetlands Board is require prior to construction of the new bulkhead. The submitted plans are the same as those approved by the Wetlands Board in 2017, however, they do not match the heights of the bulkhead approved by the Chesapeake Bay Board. In addition, during the site inspection Staff observed that there has been additional loss of backfill since the previous 2017 application was heard by the Board. Accordingly, the Department of Planning and Community Development recommends that the project be approved as modified with the following conditions:

1. The bulkhead height on the Joint Permit Application (JPA) shall be revised to be consistent with the approved CBPA Board Variance, which is shown on the approved Chesapeake Bay Preservation Area Site Plan for AJ Potter Investments prepared by Site Improvement Associates signed June 5, 2018 by Claude F. Lym.

2. Wetlands impacts shall be re-surveyed and the JPA shall be updated to reflect current wetlands impacts prior to payment of an in-lieu fee.

3. Revised wetlands impacts and plans shall be submitted to the Virginia Marine Resources Commission and

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

Summary of Proposal



Page 6


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.


Next Steps

Red Head Realty Corp. Agenda Item 8

Page 1

Application Number 2019-WTRA-00167 Applicant Red Head Realty Corp. Public Hearing January 20, 2020

City Council Election District Princess Anne

Agent Michael Gaddy, Gaddy Engineering Services, LLC Location Adjacent to Mill Landing Road GPIN 2410-71-6099 Staff Planner Charles McKenna Proposal To install a bulkhead involving wetlands Staff Recommendation Approval as Modified Waterway Tributary to Redhead Bay Subdivision Pungo Impacts Non-Vegetated: 64 square feet Overall Length of Proposed Structure: 96 linear feet Proposed Mitigation and/or Compensation Payment of an in-lieu fee

Agenda Item 8


Page 2

This property is in the Southern Rivers Watershed. There are no previous permits on file.

Site Aerial



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Site Plan


Page 4

Site Photos


Page 5

The applicant is proposing to construct 102 linear feet of new vinyl sheet pile bulkhead no more than two feet in front of an existing failing wooden bulkhead that is surrounded by an existing boathouse to be reconstructed. Approximately 64 square feet of non-vegetated mudflat will be impacted with the installation of the bulkhead sheeting. The applicant states the primary purpose is to protect the upland areas from further erosion attributed to the failing bulkhead and secondly, to provide safer and stable access to boats from the bank.

The existing bulkhead has nearly completely failed allowing the loss of backfill. The applicant states that the derelict boathouse has existed for 50 years and the failing creosote bulkhead may date that far back as well. The property is approximately 75-feet wide and the entire shoreline is developed with existing bulkheading, a boat ramp, and the boathouse making a living shoreline on this property problematic. No wetlands vegetation exists in the intertidal zone. Item 4 of the application indicates that non-vegetated wetlands between the existing and proposed bulkheads will be filled with sand. After Staff discussed wetlands compensation with the applicant’s agent, the agent chose to reduce the compensation required by the omission of backfill behind the bulkhead and indicated such in a revised page 17 of the application. Accordingly, the Department of Planning and Community Development Staff recommends that the Board accept the payment of an in-lieu fee for the impacts to non-vegetated mudflat, and approve the application as modified with the following conditions:

1. The drawings shall be revised with the following note: “No backfilling of the bulkhead will be allowed. 2. Revised plans 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.




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.

Summary of Proposal


Next Steps

wetlands board hearing procedures - vbgov.com · the applicant’s site is experiencing erosion...

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