Wetlands Board Hearing Procedures · The Virginia Beach Wetlands Public Hearing is held on the...

* Deferral ** Withdrawal

Wetlands Board Staff Report September 21, 2020

Wetlands Board Hearing Procedures

The Virginia Beach Wetlands Public Hearing is held on the third Monday of the month, at 10:00 a.m. in the Council Chamber of the City Hall Building, Municipal Center. During the COVID-19 pandemic the informal Staff briefing that is normally held before the Public Hearing is being combined with the Hearing that begins at 10:00 a.m. There will be limited seating in Council Chambers for citizens who wish to attend the meeting in person. Speakers may need to remain in a waiting area until other speakers leave and the item they want to speak to is called. 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. For those citizens who desire to participate at 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=e594628cdb8204f15331f03bf90ecd20d If you desire to speak at the public hearing virtually via WebEx you must also notify Staff prior to 5 am, September 18, 2020 at (757) 385-4621. 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. Copies of plans, ordinances and amendments are on file and may be examined by appointment in the Department of Planning at 2875 Sabre St, Suite 500 or online at www.vbgov.com/wetlands. For additional information call the Planning Department at 757-385-4621. Staff reports will be available on the webpage 5 days prior to the meeting.

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.

http://www.vbgov.com/wetlands

https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e594628cdb8204f15331f03bf90ecd20d

http://www.vbgov.com/wetlands



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.



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

1. 2019-WTRA-00179 Clarke H. Crenshaw, Sr. [Applicant/Owner] REQUEST FOR 1 YEAR EXTENSION To construct rip rap and rip rap sill involving wetlands 1216 Cedar Point Drive (GPIN 2418-68-3284) Waterway – Crystal Lake Subdivision – Bay Colony Waterfront Council District – Lynnhaven

2. 2019-WTRA-00184 R. Boyd Melchor & Dee Oliver [Applicant/Owner] REQUEST FOR 1 YEAR EXTENSION To remove rip rap involving wetlands 1244 Crystal Lake Circle (GPIN 2418-68-7136) Waterway – Crystal Lake Subdivision – Bay Colony Waterfront Council District – Lynnhaven NEW BUSINESS – WETLANDS

3. 2020-WTRA-00156 James R. Burnell [Applicant/Owner] To construct a bulkhead involving wetlands 329 Teal Crescent (GPIN 2433-16-7215) Waterway – Man Made Canal to North Bay Subdivision – Sandbridge Shores Council District – Princess Anne



4. 2020-WTRA-00167 Lisa P. Stafford & Sherry A. Forbes [Applicant/Owner] To construct a bulkhead involving wetlands 1533 Bay Point Drive 2409-31-6415 Waterway – Overstreet Cove Subdivision – Baycliff Council District – Lynnhaven 5. 2020-WTRA-00176 Griffin and Kathy Macy Joint Revocable Living Trust [Applicant/Owner] To construct a bulkhead involving wetlands 348 Whiting Lane 2433-31-3277 Waterway – North Bay Subdivision – Back Bay Meadows Council District – Princess Anne

Clarke H. Crenshaw, Sr. Agenda Item 1

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Application Number 2019-WTRA-00179 Property Owner Clarke H. Crenshaw, Sr. Public Hearing September 21, 2020

City Council Election District Lynnhaven REQUEST FOR 1 YEAR EXTENSION

Agent Robert Simon, Waterfront Consulting, Inc. Location 1216 Cedar Point Drive GPIN 2418-68-3284 Proposal To construct 499 linear feet of rip rap and 67 linear feet of rip rap sill involving wetlands Staff Recommendation Approval Waterway Crystal Lake Subdivision Bay Colony Waterfront Impacts Non-vegetated Wetlands: 295 square feet Overall length of proposed structure: 566 linear feet Volume of Backfill: N/A Proposed Mitigation and/or Compensation Onsite compensation

Agenda Item 1

Clarke H. Crenshaw, Sr. Agenda Item 1

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Site Aerial

R. Boyd Melchor & Dee Oliver Agenda Item 2

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Application Number 2019-WTRA-00184 Property Owner R. Boyd Melchor & Dee Oliver Public Hearing September 21, 2020

City Council Election District Lynnhaven REQUEST FOR 1 YEAR EXTENSION

Agent Robert Simon, Waterfront Consulting, Inc. Location 1244 Crystal Lake Circle GPIN 2418-68-7136 Proposal To construct rip rap and marsh sills involving wetlands Staff Recommendation Approval Waterway Crystal Lake Subdivision Bay Colony Waterfront Impacts Vegetated Wetlands: 21 square feet Non-vegetated Wetlands: 211 square feet Overall length of proposed structure: 254 linear feet of rip rap and 84 linear feet of marsh sill Volume of Backfill: N/A Proposed Mitigation and/or Compensation Onsite compensation

Agenda Item 2

R. Boyd Melchor & Dee Oliver Agenda Item 2

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Site Aerial

James R. Burnell Agenda Item 3

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Application Number 2020-WTRA-00156 Applicant James R. Burnell Public Hearing September 21, 2020

City Council Election District Princess Anne

Agent R. Harold Jones, Sigma Environmental Services, Inc. Location 329 Teal Crescent GPIN 2433-16-7215 Staff Planner Whitney McNamara Proposal To construct a bulkhead involving wetlands Staff Recommendation Approval as Modified Waterway Man Made Canal to North Bay Subdivision Sandbridge Shores Impacts Non-vegetated Wetlands: 19 square feet Overall length of proposed structure: 130 linear feet Volume of Backfill: 23 cubic yards Proposed Mitigation and/or Compensation On-site

Agenda Item 3


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This property is in the Southern Rivers 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 proposes to install a 130 linear-foot bulkhead as close as possible to the mean high water line. The primary purpose of the proposal is to stabilize the existing shoreline from erosion. The proposed project will impact 19 square feet of non-vegetated wetlands. On-site compensation is proposed for the non-vegetated wetlands losses by locating a portion of the proposed bulkhead behind mean high water and excavating uplands in front of the bulkhead to create 22 square feet of non-vegetated wetlands. The applicant’s agent has submitted the required statement providing additional information regarding why they feel a living shoreline is not appropriate at this location. This statement indicates that the property is located in a man-made canal with bulkheads on both sides. The proposed bulkhead alignment is mostly at or above mean high water to minimize wetland impacts. Because the properties along the canals in Sandbridge were created by filling the lots with dredge materials when the canals were excavated, the soil consists of highly erodible organic materials. Grading the shoreline to create a slope suitable for a living shoreline would expose the organic layer, increasing soil instability, thereby increase the potential for erosion of the property.

The shoreline is currently unprotected and experiencing erosion. Staff agrees with the applicant’s agent that the property’s location on a canal in Sandbridge where grading the bank to achieve an appropriate slope for a living shoreline would expose the property to increased erosion due to the presence of highly erodible soils. In addition, the property is characterized by low elevations typical in Sandbridge. The residential structure is located less than 50 feet from the existing shoreline, and grading the property landward to achieve the required slope to sustain a living shoreline would increase exposure of the structure to flooding from wind tide and storm events. The bulkhead alignment is proposed landward to the extent practicable to minimize wetlands impacts, while preserving boating access. This property is located in a Floodplain Subject to Special Restrictions (City of Virginia Beach Floodplain Ordinance, Appendix K, Section 4.10). Filling in the Floodplain Subject to Special Restrictions may be allowed, provided that the fill is for a shoreline stabilization project and the following three criteria are met:

1. A joint permit application is submitted. 2. The alignment of the stabilization structure is along the escarpment or in line with adjacent stabilization

structures. 3. Fill must be the minimum necessary to support the stabilization project.

This project is consistent with the requirements for shoreline stabilization in the Floodplain Subject to Special Restrictions. The proposed bulkhead cap is at elevation 3’ NAVD 88, and minimal fill has been proposed to match grade at 3.2’ NAVD 88. The proposed bulkhead alignment does impact the City-owned canal, and an encroachment agreement with approval from the City Council will be required prior to construction. As such, the Department of Planning and Community Development recommends that the application be approved as modified by the following condition:

1. Prior to the issuance of a building permit, approval for encroachment onto City-owned property shall be required.

Summary of Proposal

Evaluation & Staff Recommendations


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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

Lisa P. Stafford & Sherry A. Forbes Agenda Item 4

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Application Number 2020-WTRA-00167 Applicant Lisa P. Stafford & Sherry A. Forbes Public Hearing September 21, 2020

City Council Election District Lynnhaven

Agent Robert Simon, Waterfront Consulting, Inc. Location 1533 Bay Point Drive GPIN 2409-31-6415 Staff Planner Whitney McNamara Proposal To construct a bulkhead involving wetlands Staff Recommendation Approval as Modified Waterway Overstreet Cove Subdivision Baycliff Impacts Non-vegetated Wetlands: 10 square feet Subaqueous Bottom: 128 square feet Overall length of proposed structure: 69 linear feet Volume of Backfill: 10 cubic yards Proposed Mitigation and/or Compensation Payment of an in-lieu fee

Agenda Item 4


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

Site Aerial Map



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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 install a 69 linear-foot bulkhead with two, eight-foot return walls. Ten cubic yards of fill will be placed in the space between the existing, failing bulkhead and the new bulkhead. The proposed project will impact ten square feet of non-vegetated wetlands where some rip rap rubble will be removed to construct the new bulkhead. The bulkhead and backfill will also eliminate 128 square feet of subaqueous bottom. The primary purpose of the project is to prevent erosion due to the existing bulkhead reaching the end of its life. The applicant’s agent has submitted the required shoreline statement providing additional information regarding why they feel a living shoreline is not appropriate at this location. The statement indicates that the property has an eleven-foot vertical difference between the mudline and the pool patio, which is located 35 feet landward of the existing bulkhead, making the yard too narrow to grade landward to achieve the appropriate slope for a living shoreline.

The existing bulkhead is old has reached the end of its useful life. While the shoreline is located at the end of a dredged channel, limiting wave action and boat traffic, Staff agrees with the applicant’s agent that the yard is too steep and existing infrastructure is too close to the shoreline to make a living shoreline feasible. In addition, placement of rip rap landward of the existing bulkhead is not a viable solution because it would limit access to the water for the neighboring properties. There are two outfall pipes on the property. The one next to the existing boat dock has been plugged and is no longer in service. The other outfall is located at the south corner of the property. The proposed bulkhead has been designed to end before this outfall pipe, so as to not impact it. One pine tree will be adversely impacted by construction of the return wall on the southern end of the bulkhead, and Staff recommends that it be removed and mitigated on site at a ratio of 1:1. Staff supports the payment of an in-lieu fee for the 10 square feet of non-vegetated wetland impacts. Accordingly, the Department of Planning and Community Development recommends that the application be approved as modified by the following condition:

1. All trees removed for the construction of the bulkhead shall be mitigated 1:1 on the property. Revised plans with a note regarding the tree mitigation 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.





Summary of Proposal


Next Steps

Griffin & Kathy Macy Joint Revocable Living Trust Agenda Item 5

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Application Number 2020-WTRA-00176 Applicant Griffin & Kathy Macy Joint Revocable Living Trust Public Hearing September 21, 2020

City Council Election District Princess Anne

Agent Robert Simon, Waterfront Consulting, Inc. Location 348 Whiting Lane GPIN 2433-31-3277 Staff Planner Whitney McNamara Proposal To construct a bulkhead involving wetlands Staff Recommendation Approval as Submitted Waterway North Bay Subdivision Back Bay Meadows Impacts Non-vegetated Wetlands: 318 square feet Overall length of proposed structure: 100 linear feet Volume of Backfill: 25 cubic yards Proposed Mitigation and/or Compensation On-site

Agenda Item 5


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This property is in the Southern Rivers Watershed. A boat ramp was approved in 2014.

Site Aerial Map



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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 install a new 100 linear-foot bulkhead no more than two feet channelward of the existing bulkhead and eliminate an existing boat ramp. The proposed bulkhead will be aligned in front of the existing geo-textile boat ramp and clean sand will be used to fill the boat ramp to match surrounding grade. The proposed project will impact 318 square feet of tidal areas from filling the existing boat ramp, and the existing rip rap located in front of the existing bulkhead that will be removed to install the new bulkhead. The applicant is proposing payment of an in-lieu fee to compensate for the non-vegetated wetlands losses. The primary purpose of the project is to prevent erosion by maintaining the shoreline and enclose the boatramp. The applicant’s agent provided a statement in item 10 of the application about why a living shoreline is not feasible at this location. The property is located on North Bay and experiences 2,000 feet of fetch from the Northwest and 5,000 feet of fetch from the West. The existing bulkhead experiences overtopping during storm events. In addition, the applicant is planning to construct an in-ground pool, further minimizing the depth of the backyard available to grade for a living shoreline.

The existing bulkhead is beginning to show signs of wear, and the applicant would like to fill in the existing boat ramp that was constructed sometime after September of 2014. A portion of the boat ramp is intertidal and was constructed with number 57-stone placed in a 6” deep geotextile web material. The property is characterized by low elevations typical in Sandbridge. The residential structure is located less than 30 feet from the existing shoreline and grading the property landward to achieve the required slope to sustain a living shoreline would increase exposure of the structure to flooding from wind tide and storm events. This property is located in a Floodplain Subject to Special Restrictions (City of Virginia Beach Floodplain Ordinance, Appendix K, Section 4.10). Filling in the Floodplain Subject to Special Restrictions may be allowed, provided that the fill is for a shoreline stabilization project and the following three criteria are met:

1. A joint permit application is submitted. 2. The alignment of the stabilization structure is along the escarpment or in line with adjacent stabilization

structures. 3. Fill must be the minimum necessary to support the stabilization project.

This project is consistent with the requirements for shoreline stabilization in the Floodplain Subject to Special Restrictions. The proposed bulkhead cap is at elevation 2.7’ NAVD 88, which less than five inches higher than the existing bulkhead, and within the six inches of additional height commonly allowed when installing a replacement bulkhead within the Floodplain Subject to Special Restrictions. The rip rap in front of the existing bulkhead is jurisdictional non-vegetated rock habitat. However, due to the compaction of the 57-stone, the intertidal boat ramp area does not appear to be providing benefits as non-vegetated wetlands or habitat. Staff asked the Agent for a breakdown of the total 318 square feet of intertidal areas to be filled channelward of the bulkhead, and the boat ramp. The Agent has indicated that of the total 318 square feet of non-vegetated wetlands impacts indicated in the application, the backfill associated with the bulkhead will result in 165 square feet of loss of rock habitat and filling in the boat ramp will involve 153 square feet of intertidal area over the compacted 57-stone.

Summary of Proposal



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Due to the lack of area on-site to mitigate the wetlands impacts, and since the intertidal ramp area does not appear to be providing benefits as non-vegetated wetlands or habitat, Staff supports the payment of an in-lieu fee of $2,062.50 for the 165 square feet of non-vegetated rock habitat loss in front of the existing bulkhead to compensate for the non-vegetated wetlands loss. Accordingly, the Department of Planning and Community Development Staff recommend that the application be approved as modified with the following conditions:

1. The wetlands impacts shall be revised in the application and on the drawings to reflect 165 square feet of loss of rock habitat for the bulkhead, and 153 square feet of intertidal fill in the boat ramp area and resubmitted as an updated Joint Permit Application.

2. The applicant shall pay an in-lieu fee in the amount of $2,062.50 for non-vegetated habitat loss prior to issuance of a building permit.

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.





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