Virginia Beach Oyster Heritage...

Virginia Beach Oyster Heritage Plan

Prepared by the City of Virginia Beach

Department of Planning and Community Development

Environment and Sustainability Office

June 9, 2016

Oyster Heritage Plan– June 9, 2016

2

Acknowledgements

Assistance was provided in the preparation of this document by the City’s

nonprofit, State and Federal partners. These include:

College of William and Mary, School of Marine Science, Virginia Institute of

Marine Science

Lynnhaven River NOW

U.S. Army Corps of Engineers, Norfolk District

Virginia Marine Resources Commission

Cover: Construction of the Athey Sanctuary Oyster Reef Habitat, 2009, Courtesy

of Lynnhaven River NOW


3

Contents

Topic Page

Executive Summary 4

The Plan 5

1- History of Virginia Beach Oyster Heritage Plan 5

2- Plan Mission 6

3- Oyster Heritage Plan Actions 6

Attachments

1- Alignment with City Vision and Plans 10

2- Oyster Heritage Restoration in Virginia Beach- Background, Justification and Oyster Reef Ecological Services and Benefits 11

3- Virginia Beach’s Oyster Heritage Watersheds- A Brief Synopsis of Activities to Date by Watershed 13

4- Oyster Shell Recycling 19

5- Oyster Heritage Restoration Program- Research, Planning and Partnership Activities 21

6- Oyster Heritage Restoration Program Formula and Fee Structure 23

7- City Council Actions to Date (May 17, 2016) re: Oyster Heritage Program 24

8- References 27


4

Executive Summary

The Virginia Beach Oyster Heritage Plan formalizes what has been an ongoing City

program and plan since March, 2001, when the City Council first authorized funding to

support the Virginia Oyster Heritage Program (OHP) and identified the Oyster Heritage

Plan as a partnership of Virginia state agencies, federal agencies, non-profit

organizations and business groups who agreed to work together and commit their

support for a large-scale oyster restoration effort at various locations throughout the

Commonwealth. The City Council recognized the increase in oyster populations that

was occurring through efforts such as sanctuary oyster reef construction, aquaculture,

improved fisheries management and educational outreach. This Program was

reinforced with each subsequent City Council agenda package and related ordinance

adopted from 2002 through 2015. These activities were directed at increasing oyster

habitat in the City’s Chesapeake Bay watersheds and primarily the Lynnhaven River

watershed. The OHP gained initial funding through the use of funds derived from City

Council and violations of the City’s Chesapeake Bay Preservation Act and earmarked

for use in the City’s tidal waters. The success of the City’s Oyster Heritage Program was

recognized when the City and its partners were selected to receive a 2009 Coastal

America Partnership Award for outstanding efforts to restore and protect the coastal

environment by President Obama. The success of the sanctuary reef initiative was

clearly demonstrated in the Lynnhaven Watershed by the lifting of harvesting restrictions

of over 2,244 acres versus 50 acres in 2002.

The Virginia Beach Oyster Heritage Plan is intended to help guide City decisions to

achieve the highest possible quality and quantity of sustainable oyster habitat and

populations within the City of Virginia Beach tidal waterways and to help accomplish

multiple outcomes, including establishing sanctuary oyster reef habitat as

recommended in various nonprofit, state and federal reports and plans; working to

utilize oyster habitat and populations to help achieve local, state and federal water

quality goals and objectives; and helping promote and support an economically viable

oyster shellfish industry undertaken by commercial watermen in the City.

The Plan includes a range of comprehensive actions to support the City’s oyster

heritage strategy, including: oyster shell recycling, sanctuary oyster reefs, annual

surveys, reporting and communication, education and awareness, update/reevaluate

Oyster Heritage Fund formula, ongoing research and analysis, plan alignment, and

keeping the Plan current through amendments and revisions as deemed appropriate.

The Plan also includes a number of attachments that provide specific details about

various aspects of the Plan.


5

The Plan

1- History of Virginia Beach Oyster Heritage Program and Plan

The Virginia Beach City Council first initiated work on what became the City’s Oyster Heritage Program and Plan in March, 2001. City Council adopted an ordinance providing $8,505 to support the Virginia Oyster Heritage Program. The ordinance identified the Oyster Heritage Plan as a partnership of Virginia state agencies, federal agencies, non-profit organizations and business groups who agreed to work together and commit their support for a large-scale oyster restoration effort at various locations throughout the Commonwealth. In its ordinance the City Council recognized the increase in oyster populations that was occurring through efforts such as sanctuary oyster reef construction, aquaculture, improved fisheries management and educational outreach. The Virginia Oyster Heritage Program was spearheaded by state agencies and the U.S. Army Corps of Engineers and included strategies for a number of distinct waterways in the Commonwealth – including the Lynnhaven River.

This Program was reinforced with each subsequent City Council agenda package and related ordinance adopted from 2002 through 2015. City Council actions appropriated funds from the City’s Oyster Heritage Fund to support what was generally referenced as the City’s Oyster Heritage Plan. Through these agenda packages, periodic City Staff briefings and City Council actions, City Staff implemented an oyster program and a variety of activities were authorized - including sanctuary oyster reef construction, development of educational and informational materials related to restoration of oysters and oyster shell recycling. These activities were directed at increasing oyster habitat in the City’s Chesapeake Bay watersheds and primarily the Lynnhaven River watershed. The success of the City’s Oyster Heritage Program was recognized when the City and its partner federal, state and nonprofit agencies were selected to receive a 2009 Coastal America Partnership Award for outstanding efforts to restore and protect the coastal environment by President Obama.

In early 2016, the City’s Department of Planning and Community Development requested that City Auditor Lyndon Remias undertake an audit of three of the City’s “restoration” funds, including the Oyster Heritage Program, the Living Shorelines Restoration Program and the Maritime Forest Restoration Program. Based on the findings of the review completed on April 21, 2016, a number of specific recommendations were made to improve clarity, oversight and administration of these funds and in particular the City’s Oyster Heritage Program. In summary, these recommendations included:

Perform a monthly reconciliation of all three restoration funds to ensure all revenue / expense activity has been properly captured and reported. This information should then be provided to the Department Director for review.

Adhere to City procurement requirements (i.e. Request for Procurement) for future services related to oyster restoration.


6

Formalize and document the Oyster Heritage Program as a Plan, making sure to include key critical initiatives as noted in the review.

This document is intended to formalize and document the City’s Oyster Heritage Plan. Additionally, the Department of Planning and Community Development has initiated steps internally and with the assistance of other City departments to address the other items of the review.

2- Plan Mission

The Virginia Beach Oyster Heritage Plan is intended to help guide City decisions to achieve the highest possible quality and quantity of sustainable oyster habitat and populations within the City of Virginia Beach tidal waterways and to help accomplish multiple outcomes, including:

establish sanctuary oyster reef habitat and other oyster habitat

restoration methods such as intertidal reefs and oyster castles as recommended in various nonprofit, state and federal reports and plans;

work to utilize oyster habitat and populations to help achieve local, state and federal water quality goals and objectives; and

help promote and support an economically viable oyster shellfish industry

undertaken by commercial watermen in the City.

3- Oyster Heritage Plan Actions

Oyster Shell Recycling: Continue to implement an Oyster Shell Recycling Program with area restaurants, public drop off locations and special events groups.

Establish an annual contract based on Procurement Guidelines to conduct shell collection program with disposal at the Virginia Beach Landfill & Recovery Center as Oyster Heritage Fund resources allow.

Store and sequester oyster shell for 3 phases of curing cycles (0-6 months, 6-12 months and 12-18 months) as a City-owned resource at the Virginia Beach Landfill & Recovery Center to accomplish necessary curing for disease prevention for a total of 12-18 months and to accumulate sufficient shell to undertake sanctuary oyster reef habitat projects and shoreline oyster reef restoration projects on City-owned or Commonwealth-managed property with nonprofit, state and federal partners once required permits have been obtained.

Develop an oyster shell deposition and disbursement ledger to be maintained by the Department of Planning & Community Development, Environment & Sustainability Office.


7

Shells from the Oyster Shell Recycling Program shall only be used for the following purposes:

sanctuary oyster reef habitat restoration projects constructed by the City;

sanctuary oyster reef habitat restoration projects constructed by other agencies and nonprofits where the City is a partner or gives its approval; and/or

match for state, federal and private funding or grants for sanctuary oyster reef habitat restoration projects in any of the City’s waterways as noted above.

Attachment 4 provides more details concerning the City’s oyster shell recycling program to date. It is important to note that shell stockpiles must be held until such time that enough shell has been accumulated to undertake a sanctuary reef construction project. The amount of shell for a project is determined by reef location, reef size and other parameters, such as the internal composition of the reef, as some reef structures can be constructed with core material that is not shell (such as broken concrete or porcelain). As shell resources are limited and extremely valuable commodities, oyster shell shall not be used by private businesses, or for purposes other than sanctuary oyster reef construction, sanctuary restoration and oyster research.

Sanctuary Oyster Reefs: Achieve a goal of constructing 100 Acres of Sanctuary Oyster Reef Habitat in the Lynnhaven River watershed. Work with Lynnhaven River NOW, state and federal partners to construct a new sanctuary oyster reef habitat in the Eastern Branch of the Lynnhaven River in the spring of 2017. Evaluate potential for establishment of sanctuary oyster reef habitat in the Western Branch of the Lynnhaven River. Evaluate potential for establishment of sanctuary oyster reef habitat in the Eastern Branch of the Elizabeth River. Evaluate potential for establishment of additional sanctuary oyster reef habitat in the Rudee Inlet / Owl Creek watershed.

Attachment 2 provides more details concerning the justification for oyster heritage restoration in Virginia Beach and oyster reef ecological services and benefits. Attachment 3 provides more details on sanctuary oyster reef construction to date and the science behind locating sanctuary oyster reefs.

Annual Surveys: Continue to partner with nonprofit, state and federal partners to undertake annual surveys of oyster populations on established sanctuary oyster reef habitat sites. Establish an annual contract based on City Procurement Guidelines and solicitation of Request for Proposals from interested parties to conduct annual survey as Oyster Heritage Fund resources allow.


8

Such surveys have been conducted on sanctuary oyster reefs in the City for 12 years by Lynnhaven River NOW for those reefs which have been constructed without Corps of Engineers involvement. The Corps has conducted its own surveys to meet their own program requirements.

Reporting & Communication: Ensure the ongoing projects and activities of the Oyster Heritage Fund are reported and communicated as needed.

Maintain and update information related to the City’s Oyster Heritage Program on the existing City website to communicate City plans, activities, projects and accomplishments as well as benefits of sanctuary oyster reef habitat restoration to helping achieve water quality goals and sustainability of commercial shellfish operations.

Provide an annual report on Oyster Heritage Fund activities and financial

accounts.

Education & Awareness: Work with nonprofit, state and federal partners to implement an ongoing oyster heritage education and awareness program. Partners may include but not be limited to the Chesapeake Bay Foundation; the College of William and Mary, School of Marine Science, Virginia Institute of Marine Science; the Elizabeth River Project; Lynnhaven River NOW; the National Oceanic and Atmospheric Administration; the U.S. Army Corps of Engineers; the Virginia Department of Conservation and Recreation; the Virginia Department of Environmental Quality and the Virginia Marine Resources Commission.

Update/Reevaluate Oyster Heritage Fund Formula: Work with City’s Chesapeake Bay Preservation Area Board to reevaluate the current formula and fee structure used to determine donations to the Oyster Heritage Fund and evaluate relevancy of current formula to actual sanctuary oyster reef habitat construction costs.

Attachment 6 describes the current funding formula utilized by the City’s Chesapeake Bay Preservation Area Board.

Ongoing Research & Analysis: Evaluate the best potential locations in the City for the development of an oyster spat-on-shell / aquaculture facility, commercial seafood dockage facilities. Determine the best potential locations for the construction of sanctuary oyster reef habitats, based on best available scientific research and other sources of information.

Attachment 3 provides more details on the science behind locating sanctuary oyster reefs.

Plan Alignment: Ensure continued City Plan alignment as appropriate with the federal Chesapeake Bay Oyster Recovery: Native Oyster Restoration Master Plan Maryland


9

and Virginia prepared by the U.S. Army Corps of Engineers, Baltimore and Norfolk Districts in September, 2012.

Keeping the Plan Current - Amendments and Revisions: This plan will be amended and revised by action of the City Council as advancements are made in oyster restoration science and new strategies are developed. The plan will also be amended to reflect new initiatives that arise due to opportunities to accomplish new objectives and help achieve multiple outcomes.

Neighborhood Dredging Special Service District: The Department of Public Works has completed a study on the benefits of oysters for nutrient reduction and a study on oyster reefs as mitigation option for mud flat impacts. The latter study was commissioned in coordination with Lynnhaven River NOW (LRN) to determine the feasibility of creating oyster reefs to mitigate for impacts to tidal wetlands. The study explored the establishment of either an oyster reef mitigation bank or an in-lieu fee fund for this purpose. An inter-agency meeting was held and the permitting agencies agreed in concept that oyster reef mitigation banking could be a viable form of out-of-kind compensation for impacts to tidal, non-vegetated (TNV). Mitigation banks are preferred over in-lieu fee funds for situations where the demand for credits will be somewhat unpredictable over time, as is the case with the Neighborhood Dredging SSD Program. The next step in the feasibility study is to gain agency approval on a method for calculating mitigation ratios between oyster reefs and TNV wetlands. The ultimate goal is to establish a multi-site oyster reef mitigation bank in conjunction with LRN where reefs would be constructed in various locations, and credits sold to mitigate for impacts to TNV wetlands in the Lynnhaven River watershed, and possibly expanding to serve all tidal watersheds in the City.


10

Attachments

Attachment 1: Alignment with City Vision and Plans (compiled by Department of Planning & Community Development, ESO)

Envision Virginia Beach 2040 We value and enhance our greatest natural assets: a broad array of coastal resources that includes beaches, waterways, farmlands and wetlands. We are a model community for clean air and water, and our commitment to environmental sustainability. Local foods, open space and parks contribute to the overall quality of life and healthy living.

Sustainability Plan Goal 15 We will achieve and maintain high water quality to ensure public health, protection and propagation of aquatic life, and recreation in and on the water.

Objective 15.2 - Increase bio filtration habitat (oysters,

wetlands, submerged aquatic vegetation, living shorelines).

Goal 16 We will promote the city’s valuable ware resources for tourism, aquaculture, and as a center of excellence in marine and water quality research.

Objective 16.2 - Partner with local colleges and higher learning institutions to encourage marine research.

Objective 16.3 - Promote opportunities for aquaculture.

Objective 16.4 - Support our local fishing community and promote the sale and consumption of locally harvested sustainable seafood.

Comprehensive Plan

Develop and implement policies and programs that protect, restore and enhance critical habitats along the City’s waterways.

Restore and attain sustainable inventories of native edible oysters in the Lynnhaven River.

Restore oyster reefs in the Lynnhaven and Owl Creek estuaries by developing a hatchery plan and constructing sanctuary reefs.


11

Attachment 2: Oyster Heritage Restoration in Virginia Beach– Background, Justification and Oyster Reef Ecological Services and Benefits (compiled by Department of Planning & Community Development, ESO)

Unfortunately, in the last century, the once prominent oyster population in the City’s waterways was decimated by overharvesting, loss of oyster habitat, oyster disease and decreased water quality. It has been estimated that the City’s oyster population once fell as low as 1% of historic abundance, and this decline had drastically negative consequences for water quality and fish habitat in the City’s waterways. The purpose of the City’s Oyster Heritage Program is to help maintain the significant progress that has been made in the City’s waterways over the past two decades, and to help sustain that improvement for the future.

Oysters are a keystone species in the local estuarine ecosystem because they provide water filtration, shoreline protection, nutrient cycling, pH buffering, and food and habitat to myriad species of fish and other creatures that live in the City’s tidal waterways. Thus, sanctuary oyster reef habitat restoration is widely recognized by scientists and resource managers as a premier strategy for revitalizing a tidal waterway’s devastated oyster population and for restoring the critical ecosystem functions that oyster reefs naturally provide for water filtration and fish habitat in a waterway.

Oysters are voracious filter feeders. A single adult eastern oyster (Crossostrea virginica), also referred to as the Atlantic oyster or Virginia oyster, filters 50 gallons of water a day and removes algae and sediment that cloud the water and hinder sea grass rebound. As an oyster filters, it assimilates nitrogen from the algae it consumes into its shell and body. It then produces bio deposits that serve as food for reef-dwelling organisms. There are naturally-occurring bacteria in an oyster reef that decompose the bio deposits and initiate a process called denitrification, which releases additional harmful nitrogen from the river in gaseous form. This reduces the negative consequences of estuarine eutrophication, and increases dissolved oxygen levels in our estuaries.

Oysters form reef structures from their shells. Oyster reefs provide a community center in the estuarine system, like coral reefs provide in the marine system. In between the oysters’ shells, there is interstitial space where small organisms can hide. These interstices provide habitat for myriad species of small fish, crustaceans, worms, bivalves and other invertebrates. Large predator fish then collect near the outskirts of oyster reefs because they can easily find food by foraging on the reef dwellers. In our Virginia Beach waters, we would expect to find the following sport fish using the oyster reef as habitat and as a food source: Black Drum, Black Sea Bass, Bluefish, Red Drum, Sheepshead, Speckled Trout, Striped Bass, Summer Flounder, Tautog and Weakfish. Oyster reefs are considered Essential Fish Habitat because they provide habitat and food for such a vast array of organisms.


12

The City is committed to meeting the nutrient and sediment reduction goals established by the Chesapeake Bay TMDL. To accomplish this, a variety of techniques and practices must be employed. In its Phase II Watershed Implementation Plan, the City identified sanctuary oyster reef construction as one of its methods for reducing nutrients and sediments. Sanctuary oyster reef construction is not only an essential part of restoring our critically important native oyster population, but may also become an important and cost effective tool for the City and other local communities to employ to meet their respective TMDL reduction goals.

The City is likewise committed to restoring the native oyster population through the construction and ongoing maintenance of sanctuary oyster reef habitat in our tidal waterways as a proven strategy for improving water quality and providing critical estuarine habitat. The establishment and protection of sanctuary oyster reef habitat areas through designation by the Virginia Marine Resources Commission helps to ensure that native broodstock of oysters remain in perpetuity as a source of oyster spat to help populate and sustain both private oyster lease areas and non-leased areas in our waterways. Additionally, work by commercial watermen to improve the quality of the habitat and oyster stock on private oyster ground leases helps to sustain these valuable resources. These leased areas are secured from the Virginia Marine Resources Commission, which is charged with administering the Commonwealth’s public trust waterways and wetlands areas in perpetuity for the public good. In combination, sanctuary oyster reef habitat and private leased oyster grounds can work in harmony to provide a sound and sustainable strategy for the City’s oyster heritage.


13

Attachment 3: Virginia Beach’s Oyster Heritage Watersheds– A Brief Synopsis of Activities to Date by Watershed (compiled by Department of Planning & Community Development, ESO)

Lynnhaven River The Lynnhaven River is the southernmost river that feeds into the Chesapeake Bay. The river’s inlet to the Bay is located approximately 5 nautical miles from the confluence of the Bay and the Atlantic Ocean. The Lynnhaven River is a highly developed watershed, covering approximately 41,300 acres (64.5 square miles) of the City. The Lynnhaven River watershed development pattern is largely residential and commercial in nature with a population of approximately 195,000, roughly 44.5% of the City’s population, living in approximately 21% of the City’s total land area. The Lynnhaven River’s major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased waterfowl populations, and the majority of the river was closed by the Department of Health for shellfish consumption until recent years.

As described in a September 2105 article written by Romuald N. Lipcius et al. in the journal Frontiers in Marine Science, the Lynnhaven is a unique area:

“The narrow inlet limits water exchange with the (Chesapeake) Bay proper, resulting in the Lynnhaven River sub estuary being classified as a trap estuary (Sisson et al., 2010), which promotes (oyster) larval retention. The system is well-mixed due to its shallow nature, and hydrodynamics are driven by tidal exchange and wind patterns. Much of the system is comprised of fine sediments, except for the near shore areas, which are of firm sand and shell.”

The famed Lynnhaven oyster is both a symbol of the Lynnhaven River’s history and was once a keystone species in the system, providing water filtration, as well as food and habitat to myriad species of fish and other creatures that live in the river. Salinity in the Lynnhaven is generally above 20 parts per thousand making it a suitable place for oyster restoration efforts to thrive. In 1997, sanctuary oyster reef restoration became a major initiative in the Lynnhaven River and there have been clear signs of success from the undertaking. Between 1997 and 2005, the Virginia Marine Resources Commission (VMRC) constructed approximately 5.5 acres of sanctuary oyster reef habitat in the Lynnhaven and the reefs have been designated as sanctuaries, so that a self-sustaining oyster population can develop and thrive over time without the damage associated with harvest. Non-profit organizations including Lynnhaven River NOW, Oyster Reef Keepers of Virginia and Chesapeake Bay Foundation, stocked those reefs with 7,400,000 reproductive oysters grown by students and citizens. These oysters were transplanted onto the sanctuary reefs, where they release their offspring into the Lynnhaven River. In 2005, the Virginia Institute of Marine Science (VIMS) discovered


14

that oyster settlement of juvenile oysters was more than 30 times higher in the Lynnhaven River than it was in other rivers in the Chesapeake Bay region where oyster restoration had also been underway. This spat settlement data demonstrate that oyster restoration can work effectively in the Lynnhaven.

Between 2005 and 2010, the City of Virginia Beach and Lynnhaven River NOW worked in partnership with the U.S. Army Corps of Engineers to build 58 acres of sanctuary oyster reef habitat, primarily in the Linkhorn Bay and Broad Bay areas of the Lynnhaven River watershed. In 2008, Lynnhaven River NOW and the City of Virginia Beach constructed the approximately 1/3 acre Athey Sanctuary Oyster Reef at the confluence of Long Creek and the Lynnhaven Inlet in part with approximately 5,000 bushels of shells from the City’s stockpile at the Landfill and Resource Recovery Center, collected through Lynnhaven River NOW’s Save Oyster Shell project and funding obtained by Lynnhaven River NOW from the Fish America Foundation. Figure 1 below shows the generalized locations of completed sanctuary reef projects in the Lynnhaven River watershed.

FIGURE 1: Sanctuary Reef Locations in the Lynnhaven River Watershed. Source: Lynnhaven River NOW

The Baylor Surveys undertaken in the early 1900s by the Commonwealth of Virginia indicate that historically there were at least 1,000 acres of oyster reef in the Lynnhaven. A goal of 100 acres of sanctuary oyster reef habitat created by 2021 has been


15

established for the Lynnhaven River system by a partnership of nonprofit, state and federal parties. This goal is also suggested in the U.S. Army Corps of Engineer’s Chesapeake Bay Oyster Recovery Master Plan which recommends between 40 to 150 acres of sanctuary oyster reef habitat are desirable for the Lynnhaven ecosystem. The 10% figure was derived from a variety of surveys, studies and targeted contracted research undertaken in part through the cooperative project for Lynnhaven Watershed restoration undertaken by the City and the U.S. Army Corps of Engineers. Additional research linked to water circulation patterns and oyster spat settlement have helped identify general areas where sanctuary oyster reef habitat establishment has the highest potential for accomplishing sustainable oyster populations in the river. While potential sanctuary oyster reef habitat restoration sites can be best located utilizing historical information such as the Baylor Surveys, recommended spawning stock reefs have the greatest ability to help restore native oyster stocks throughout the Lynnhaven estuary. Figure 2 below shows these areas.

FIGURE 2: Location of the Lynnhaven River sub estuary, potential oyster reef restoration sites (diamonds) determined from historical information (Baylor, 1893, 1894, 1895; Chipman, 1948), and sites in the sub estuary for restoration of spawning stock (dashed polygons) recommended by Lipcius et al. (2008) as putative sources. Thick arrow indicated tidal exchange through Lynnhaven Inlet between Lynnhaven Bay and

Chesapeake Bay. Coordinates of Lynnhaven Inlet: 36◦ 54′ 27.02′′N, 76◦ 05′ 31.07′′W. Source: http://journal.frontiersin.org/article/10.3389/fmars.2015.00065/abstract

http://journal.frontiersin.org/article/10.3389/fmars.2015.00065/abstract


16

The partnership expects this level of restoration to aid in the rebound of our native oyster population by establishing a healthy broodstock for the Lynnhaven River. Such an increase in the native oyster population and broodstock has sustainable benefits for significant water quality improvement and enhancement in the Lynnhaven as well as helping promote a revitalized commercial shell fishing industry.

Eastern Branch of the Elizabeth River The Eastern Branch of the Elizabeth River feeds into the Chesapeake Bay by way of Hampton Roads harbor. The Eastern Brach is also a highly developed watershed, covering approximately 9,300 acres (14.5 square miles) of the City. The Eastern Branch watershed development pattern is largely residential and commercial in nature with a population of approximately 64,300, roughly 14.7% of Virginia Beach’s population, living in 5% of the city’s total land area. The Eastern Branch’s major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased waterfowl populations, and the entirety of the river remains closed by the Department of Health for shellfish consumption.

The City and other Eastern Branch communities – Chesapeake and Norfolk – recently completed an Action Plan with the nonprofit Elizabeth River Project to help restore environmental resources in the watershed. Included in the plan are recommendations to reestablish sanctuary oyster reef habitat at suitable locations. It is recommended that the City work with partners at the nonprofit, state and federal level to identify potential sites that may exist in the Eastern Branch for such work within the City.

Rudee Inlet and Owl Creek The Rudee Inlet and Owl Creek area is the City’s only direct ocean connected watershed. The watershed is the City’s most man-altered watershed, due to past excavation of extensive wetlands areas associated with sand extraction for resort beach nourishment and constant efforts to maintain Rudee Inlet for navigation access to the Atlantic Ocean. Similar in many respects to the Lynnhaven and Eastern Branch of the Elizabeth River, Rudee Inlet and Owl Creek is also a highly developed watershed, covering approximately 3,000 acres (4.6 square miles) of the City. The Rudee Inlet and Owl Creek watershed development pattern is largely residential and institutional/government in nature with a population of approximately 14,000, roughly 3.1% of Virginia Beach’s population, living in less than 1.5% percent of the city’s total land area. The watershed’s major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased


17

waterfowl populations, and the entirety of the river remains closed by the Department of Health for shellfish consumption.

The Virginia Aquarium in conjunction with Lynnhaven River NOW and the Rudee Inlet Foundation undertook the establishment of the first sanctuary oyster reef habitat project beginning in June, 2015. This project includes a section of shoreline reef located on the City's Aquarium property and constitutes approximately 200 square feet of intertidal reef. This reef was constructed using approximately 60 bushels of oyster shell obtained from the City’s shell stockpile located at the City Landfill and Resource Recovery Center. The reef also includes a section of oyster habitat structures called oyster castles as illustrated below.

FIGURE 3: Before and After Oyster Castle Recruitment on the Laila Shoreline Reef on Long Creek (Lynnhaven River Watershed). Source: Lynnhaven River NOW

A sub tidal sanctuary oyster reef was installed in July, 2015 to complete the overall project which encompasses a total area of approximately 250 square feet. Shell for this project was not obtained from the stockpile at the City Landfill and Resource Recovery Center.

Little Creek The Little Creek watershed encompasses approximately 8,900 acres (13.9 square miles) of the City. The U.S. Navy has built several sanctuary oyster reefs in the Little Creek inlet area with federal funds. . The Little Creek watershed development pattern is largely residential and institutional/government in nature with a population of approximately 48,800, roughly 11.1% of Virginia Beach’s population, living in less than 4.5% percent of the city’s total land area. The watershed’s major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds were largely eliminated with the creation of the various public water supply reservoirs in the watershed during the early part of the

20th century, along with federal government alteration of the watershed for military activities. The entirety of the river remains closed by the Department of Health for


18

shellfish consumption.

In the future, it recommended that the City partner with the U.S. Navy and other nonprofit, state and federal partners as appropriate to pursue further oyster restoration in the Little Creek watershed.


20

Attachment 4: Oyster Shell Recycling (compiled by Department of Planning & Community Development, ESO)

Lynnhaven River NOW with state grant funding conducted a pilot shell collection program in Virginia Beach in summer 2006. Seven local restaurants participated in the pilot program and two public drop-off sites were established. During the three months of the pilot program, 1,000 bushels of oyster shells were collected. These shells were removed from the solid waste stream and made available for restoration efforts by private individuals. In addition, the restaurant patrons were educated on the value of oyster restoration and recycling our shells.

In 2007, The City of Virginia Beach, seeing the multiple benefits of the Save Oyster Shell program, reached an understanding with Lynnhaven River NOW to fund the continuation and expansion of the Save Oyster Shell program. This work has continued since that time to the present. Since its inception, the Save Our Shell program has collected approximately 18,440 bushels of oyster shell from restaurants and other parties, along with over 700 bushels of oyster shells from the Wanchese Packing Plant in Suffolk, and kept this valuable resource for sanctuary oyster reef habitat construction out of the City’s landfill.

Under this agreement, Lynnhaven River NOW has committed to the following activities:

Contact all restaurants in Virginia Beach serving oyster or clams to enroll them in the Save Oyster Shell program.

Train the restaurant staff and provide all necessary equipment and signage including outside bins for the storage and collection of the shells.

Work closely with the restaurants to facilitate the smooth operation of this program.

Collection of the shells from the restaurants four days per week year round and deposit of those shells at the designated location at the Virginia Beach Landfill and resource recovery center on Jake Sears Road.

Provide the necessary equipment and signage for the public drop-off sites, coordination with the property owners, and collection of these shells four days per week.

Coordinate with the organizers of private oyster roast events to provide the necessary equipment and collect the shells from these events.

Continue to expand participation from restaurants, the public and private events in this program.

Respond in a timely manner to any complaints or problems that arise from the implementation of this plan.


20

All shell collected and deposited at the City Landfill and Resource Recovery Center becomes the property of the City. All deposits and withdrawals of shell from the stockpile will be monitored and documented by the City’s Department of Planning and Community Development, Environment and Sustainability Office. Since its inception, Lynnhaven River NOW has submitted an invoice to the City’s Department of Planning and Community Development, Environment and Sustainability Office at least annually for reimbursement of all expenses incurred in the administration and implementation of this program. Reimbursement has been handled by City Council authorization of payments from the Oyster Heritage Fund. With the adoption of this Plan, this informal relationship will be replaced with a process that adheres fully with the City’s Procurement requirements, including solicitation of bids for services and execution of an annual contract identifying an annual cost for shell recycling services.

Shells from the Save Oyster Shell program shall be used for the following purposes:

research projects conducted by schools, universities, and non-profits;

sanctuary oyster reef habitat restoration projects constructed by the City;

sanctuary oyster reef habitat restoration projects constructed by other agencies and nonprofits where the City is a partner or gives its approval; and/or

match for state, federal and private funding or grants for sanctuary oyster reef habitat restoration projects in any of the City’s waterways as noted above.

Oyster shell shall not be used by private businesses or for purposes other than oyster restoration and oyster research.


21

Attachment 5: Oyster Heritage Restoration Program- Research, Planning and Partnership Activities (compiled by Department of Planning & Community Development, ESO)

Oyster restoration has been successful, in large part, because of the synergy of multiple partners who each provide a necessary component of the oyster restoration effort. City, state and federal funds have largely been used to construct sanctuary oyster reef habitat structures on the footprint of historic reefs. Nonprofit organizations like Lynnhaven River NOW, Oyster Reef Keepers of Virginia, the Elizabeth River Project and the Chesapeake Bay Foundation coordinate citizen oyster gardening efforts in order to stock reproductive oysters to sanctuary oyster reef habitat sites and to perpetuate public engagement in oyster restoration. The Virginia Marine Resources Commission is committed to the conservation and restoration of shellfish populations in Virginia waters. The Commission oversees and tracks the transplant of oysters onto sanctuary oyster reefs. Researchers at the Virginia Institute of Marine Science study all aspects of oyster reef restoration, from reef biodiversity to reef dynamics to reef nutrient cycling and oyster diseases.

The U.S. Army Corps of Engineers ensures continued collaboration of all of these agencies, and others, as they host quarterly meetings of an Interagency Oyster Restoration team. This team includes representatives from the U.S. Army Corps of Engineers, the Virginia Institute of Marine Science, the Virginia Marine Resources Commission, the City, the Chesapeake Bay Foundation, Christopher Newport University, Lynnhaven River NOW, the Elizabeth River Project, the National Oceanic and Atmospheric Administration, and other agencies and organizations. This meeting provides an invaluable opportunity for all of the City’s oyster restoration partners to collaborate on initiatives, including those proposed in this Plan. The City will continue to participate with the Interagency Oyster Restoration team and other efforts to utilize the best science and the resources available to further oyster restoration, improve water quality, and reach our oyster restoration goals.

The City does not employ an oyster scientist. Nevertheless, that expertise is available to the City from its partnership with various organizations and agencies with expertise in oyster restoration. Those groups include but are not limited to:

Chesapeake Bay Foundation

College of William and Mary, School of Marine Science, Virginia Institute of Marine Science

Elizabeth River Project

Lynnhaven River NOW


22

National Oceanic and Atmospheric Administration

U.S. Army Corps of Engineers

Virginia Department of Conservation and Recreation

Virginia Department of Environmental Quality

Virginia Marine Resources Commission

The City is committed to continuing its partnership with these organizations and agencies to further oyster restoration efforts in our tidal waterways.


23

Attachment 6: Oyster Heritage Restoration Program Formula and Fee Structure (compiled by Department of Planning & Community Development, ESO)

The Oyster Heritage Program formula and fee structure was developed by Staff at the request of the Chesapeake Bay Preservation Area Board to provide a voluntary payment option to applicants as a means to help offset the quantity of on-site landscaping, buffer restoration, best management practices (BMPs) installation, and erosion and sediment (E&S) controls that would otherwise be required to offset encroachments within the Resource Protection Area (RPA) buffer area for variance applications heard by the Board. The Board believes that this approach has been a tried and proven approach at helping to improve water quality in the City’s Chesapeake Bay watersheds.

The formula utilized was refined over an initial period of approximately 6 months’ duration when the Board’s City Staff and the Board adjusted and finalized the formula and fee structure. Since that time, the City’s Oyster Heritage Program formula and fee structure related to activities requiring variances before the City’s Chesapeake Bay Preservation Area Board has been as follows:

(X/4)/27 x 15 x $1.65 = Oyster Heritage Fund Payment

X represents new impervious cover in the Resource Protection Area (RPA) in square feet 4 represents 25% of the new impervious cover in the RPA and is intended to augment other water quality initiatives (200% buffer restoration, BMPs, E&S controls, etc.) for encroachment 27 represents square feet conversion to cubic yards 15 represents approximate quantity of bushels of oyster shell per cubic yard $1.65 represents the cost of oyster shell per bushel

Example: 100 square foot impervious cover would equate to a fee of $22.92: (100 square feet /4)/27 x 15 x 1.65 = $22.92

The formula develops a payment which is based upon the assumption of creating a sanctuary oyster reef habitat area approximately 12 inches deep for 25% of the total amount of impervious cover associated with a Board variance request.

The Board’s City Staff include this payment recommendation for each variance request in the Board’s agenda package each month with an amount calculated if the total amount of impervious cover is known; otherwise, City Staff include the formula and suggest in the Staff report that the payment amount be calculated based on a final impervious cover amount once determined. Most applicants for variances have chosen to make the voluntary payment. In addition to the formula and fee structure used by the Board, over the years a number of parties have made voluntary contributions to the fund that have been totally outside the purview of the Board.


24

Attachment 7: City Council Actions to Date (June 1, 2016) re: Oyster Heritage Program (compiled by Department of Planning & Community Development, ESO)

The following list summarizes all activities undertaken with City Council authorization for appropriation of funds from the Oyster Heritage Fund and other funding sources since its inception.

August 13, 2002: Appropriation of $37,500.00 from the Oyster Heritage Fund to the Department of Agriculture and Transfer of $50,000.00 for the General Fund Reserve for Contingencies to the Department of Agriculture to help fund construction of approximately 8 acres of sanctuary oyster reef habitat.

NOTE: Item 1 matched with $65,000 by special appropriation from the Commonwealth of Virginia secured through efforts of the City’s legislative delegation. Total cost of approximately 8 acre project was $167,500.00 Project partnership with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers and the Chesapeake Bay Foundation.

May 6, 2003: Appropriation of $8,000.00 from the Oyster Heritage Fund to the Department of Planning to establish education and informational materials partnership re: oyster restoration with Lynnhaven River 2007 (now Lynnhaven River NOW) and the Chesapeake Bay Foundation.

September 9, 2003: Appropriate $52,339.00 from the Oyster Heritage Fund and $15,000.00 from the Civil Penalties Funds collected in enforcement of Wetlands, Coastal Primary Sand Dunes and Chesapeake Bay Preservation Area Ordinances to the Department of Planning to help fund construction of sanctuary oyster reef habitat with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers and the Chesapeake Bay Foundation.

May 11, 2004: Appropriate $70,000.00 from the Oyster Heritage Fund to the Department of Planning to help with development of an Oyster Heritage Plan and Program, in partnership with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers, Lynnhaven River 2007 (now Lynnhaven River NOW) and the Chesapeake Bay Foundation. Components of the Oyster Heritage Plan development and implementation strategy tasks were undertaken by grant funded temporary Staff resources hired to perform the following tasks; costs incurred as follows:

Long Creek Oyster Reef Project Design and Permitting Coordination with First Landing State Park Work (field work, permit applications, project design plans) - $7,500.00

Oyster Shell Recycling Program with Area Restaurants Work (coordination, logistics for recycling, education, implementation and project kick-off) - $7,500.00


25

Oyster Lease Map Coordination with VMRC and Mapping of New Priority Potential Reef Sites Work (GIS coordination) - $7,500.00

Oyster Shell Recycling Program Publicity and Printing Costs Work (flier development and design, printing proofs, internal printing, distribution) - $7,500.00

City Oyster Heritage Program Website Development Costs Work (website

development and design, posting) - $7,500.00

Reef Program Coordination Work with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers, Lynnhaven River 2007 and the Chesapeake Bay Foundation (partner labor and support with project planning and production , information development, internal printing and publicity) - $32,500.00

Total - $70,000.00

July 17, 2007: Appropriate $137,000.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 2 of Oyster shell education and recycling program (year 1 no City fund support); (2) Lynnhaven River NOW to help construct approximately 2 acres of sanctuary oyster reef habitat near Long Creek channel and marsh islands, and (3) funding assistance to the Virginia Marine Resources Commission to augment the Commonwealth’s match of oyster shell to the U.S. Army Corps of Engineers to construct approximately 50 acres of sanctuary oyster reef habitat and seeding with wild stock Lynnhaven spat-on-shell oysters in Lynnhaven Bay, Broad Bay, Long Creek and Linkhorn Bay.

January 13, 2009: Appropriate $126,539.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 3 of Oyster shell education and recycling program; (2) Lynnhaven River NOW to help construct approximately 2 acres of sanctuary oyster reef habitat near Long Creek channel and marsh islands, and (3) funding assistance to the Virginia Marine Resources Commission to augment the Commonwealth’s match of oyster shell to the U.S. Army Corps of Engineers to construct approximately 50 acres of sanctuary oyster reef habitat and seeding with wild stock Lynnhaven spat-on-shell oysters in Lynnhaven Bay, Broad Bay, Long Creek and Linkhorn Bay.

February 23, 2010: Appropriate $25,579.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 4 of oyster shell education and recycling program.

November 23, 2010: Appropriate $45,000.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 5 of oyster shell education and recycling program ($29,000.00) and (2) the Environment and


26

Sustainability Office to utilize temporary Staff to help with site evaluation, design and coordination to support future construction of spat-on- shell oyster restoration facility ($16,000.00).

May 22, 2012: Appropriate $33,680.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 6 of oyster shell education and recycling program and to undertake the annual survey of oyster populations on sanctuary oyster reefs in the Lynnhaven watershed.

January 22, 2013: Appropriate $33,769.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 7 of oyster shell education and recycling program.

January 14, 2014: Appropriate $33,727.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 8 of oyster shell education and recycling program.

October 7, 2014: Appropriate $20,376.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 9 of oyster shell education and recycling program.

February 3, 2015: Appropriate $20,780.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 10 of oyster shell education and recycling program.

TOTAL AMOUNT APPROPRIATED TO DATE from Oyster Heritage Fund: $644,289

TOTAL AMOUNT APPROPRIATED TO DATE from General Fund Reserve for Contingencies: $50,000

TOTAL AMOUNT APROPRIATED TO DATE from Civil Penalties Funds collected in enforcement of Wetlands, Coastal Primary Sand Dunes and Chesapeake Bay Preservation Area Ordinances: $15,000


27

Attachment 8: References (available upon request from Department of Planning & Community Development, ESO)

Assessment of Oyster Reefs in Lynnhaven River as a Chesapeake Bay TMDL Best Management Practice, Mac Sisson, Lisa Kellogg, Mark Luckenbach, Rom Lipcius, Allison Colden, Jeff Cornwell, and Michael Owens, Final Report to the U. S. Army Corps of Engineers, Norfolk District and The City of Virginia Beach, Special Report No. 429 In Applied Marine Science and Ocean Engineering, Virginia Institute of Marine Science, Department of Physical Sciences, Gloucester Point, Virginia 23062, December 2011.

Chesapeake Bay Oyster Recovery: Native Oyster Restoration Master Plan, Maryland and Virginia, September 2012. U.S. Army Corps of Engineers, Baltimore and Norfolk Districts.

Overcoming Restoration Paradigms: Value of the Historical Record and Metapopulation Dynamics in Native Oyster Restoration, Frontiers in Marine Science, 08 September 2015. Romuald N. Lipcius et al.

Virginia Oyster Gardening Guide, 2nd Edition, 2013. Department of Environmental Quality, Virginia Coastal Zone Management (CZM) Program in partnership with the Virginia Marine Resources Commission, Virginia Institute of Marine Science, Tidewater Oyster Gardeners Association, Oyster Reef Keepers, Chesapeake Bay Foundation and Virginia Department of Health.

Oyster Heritage Fund

Oyster Heritage Fund – City Council Presentation June 14, 2016

Oyster Heritage Fund City Council Presentation June 14, 2016

Background

Oyster Heritage Fund established 2002

14 Council Actions

2009 Presidential Coastal America Award “An exemplary successful national habitat restoration project model”“Second largest oyster restoration effort in the world”

Leveraged development of 63 acres of sanctuary reefs

Partners

U.S. Army Corp of EngineersLynnhaven River NOWVirginia Marine Resources Commission


Internal Auditor Report

Extensive FOIA requests regarding Oyster Fund and Lynnhaven River NOW(over 30 requests)

Requested City Auditor review the Oyster Heritage Fund

Auditor Recommendations

Reconcile accounts monthlyFormalize Oyster Heritage PlanAdhere to procurement process for future services

Auditor Questions

How will shells be utilized?When will oyster shells be used?Who is responsible for inventory and management of oyster shells?


Money Facts

Fund established in 2002

Revenues of $699,936

Expenditures for several different purposes, all related to preservationand/or construction of oyster reefs

Lynnhaven River NOW - $8,000 in 2003 for education materials$259,450 from 2008-2015 for reimbursement of costs associatedwith oyster shell recycling – total of $267,450

Virginia Marine Resources Commission - $89,839 in 2003 and 2004for oyster reef construction and $200,000 as matching funds forconstruction (in partnership with U.S. Army Corps of Engineers)of 50 acre sanctuary oyster reef in Lynnhaven Bay, Broad Bay,Long Creek and Linkhorn Bay

Balance of expenditures for City/temporary staff that performed siteevaluations and design to support future construction

Current fund balance $56,650


Shell Facts

Lynnhaven River NOW recycled 18,404 bushels

Wanchese Packing Plant donated 700 bushels

Shells usedSanctuary reef with U.S. Army Corps of Engineers and Lynnhaven River NOW

- 5,000 bushelsVirginia Aquarium – 60 bushels

Approximately 14,100 bushels on site at the Virginia Beach Landfill& Resource Recovery Center


Oyster Heritage PlanActions Summary

Recycle shells (RFP for Non-Profit)

Establish sanctuary reefs

Annual surveys

Report and communicate results

Education and awareness

Ongoing research & analysis

Annual report to City Council

Changes to plan to Council for approval


Recycling with Lynnhaven River NOW

Lynnhaven River NOW provided recycling services from 2008 to present

Outstanding invoices of $39,072.71 for services June – December 2015and recycling services provided in 2016

Grant ordinance June 21 to comply with services completed

RFQ for services to be advertised for future contract


Additional Funds

Maritime Forest Restoration Program

Living Shorelines Restoration Program Fund


Questions?

Virginia Beach Oyster Heritage...

Documents

Transcript of Virginia Beach Oyster Heritage...