Wetlands Board Hearing Procedures - VBgov.com · Jason B. Miller [Applicant/Owner] To construct rip...

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Transcript of Wetlands Board Hearing Procedures - VBgov.com · Jason B. Miller [Applicant/Owner] To construct rip...

Page 1: Wetlands Board Hearing Procedures - VBgov.com · Jason B. Miller [Applicant/Owner] To construct rip rap, marsh sill, and plant wetlands . 512 58. th. Street (GPIN 2419-60-3154) Waterway
Page 2: Wetlands Board Hearing Procedures - VBgov.com · Jason B. Miller [Applicant/Owner] To construct rip rap, marsh sill, and plant wetlands . 512 58. th. Street (GPIN 2419-60-3154) Waterway

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Wetlands Board Agenda March 16, 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 City Managers Conference Room. 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 PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING WITHDRAWN OR DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN.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.

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Wetlands Board Agenda March 16, 2020

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.

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Wetlands Board Agenda March 16, 2020

8:45 A.M. – STAFF BRIEFINGS

• ANOUNCEMENTS & ROUTING OF MAIL • REVIEW OF PUBLIC HEARING AGENDA ITEMS • TRAINING (if applicable)

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

1. 2019-WTRA-00058 George Clarke [Applicant/Owner] REQUEST FOR 1 YEAR EXTENSION To remove bulkhead, construct rip rap, excavate uplands, dredge, and create a living shoreline involving wetlands 128 Pinewood Road (GPIN 2418539402) Waterway – Little Neck Creek Subdivision – Bay Colony Waterfront Council District – Beach

NEW BUSINESS – COASTAL PRIMARY SAND DUNE/BEACH

2. 2020-WTRA-00003 Barry & Virginia Sancilio Cross [Applicant/Owner] To construct rip rap involving a Coastal Primary Sand Dune/Beach 1420 N. Woodhouse Road (GPIN 2408-89-9343) Waterway – Linkhorn Bay Subdivision – Alanton District – Lynnhaven

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Wetlands Board Agenda March 16, 2020

NEW BUSINESS – WETLANDS

3. 2020-WTRA-00017 Jason B. Miller [Applicant/Owner] To construct rip rap, marsh sill, and plant wetlands 512 58th Street (GPIN 2419-60-3154) Waterway – Crystal Lake Subdivision – North End District – Lynnhaven 4. 2020-WTRA-00018 Karen L. Nemeth & Marc D. Pearson [Applicant/Owner] To remove bulkhead, construct rip rap & groin wall, and grade uplands involving wetlands 6474 Knott Island Road (GPIN 2337-91-8346) Waterway – Back Bay Subdivision – Pungo District – Princess Anne

5. 2020-WTRA-00022 Victoria F. Oldani [Applicant/Owner] To install a bulkhead involving wetlands 1325 Pleasant Ridge Road (GPIN 2411-97-5590) Waterway – Canal to Shipps Bay Subdivision – Pungo District – Princess Anne

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Wetlands Board Agenda March 16, 2020

SHOW CAUSE HEARING

6. 2020-WTRV-00001 & 2020-WTRV-00002 Nathan Davis, Grade A Landscaping & Land Development LLC [CONTRACTOR] UNAUTHORIZED SAND GRADING INVOLVING A COASTAL PRIMARY SAND DUNE/BEACH 2444 & 2448 SANDFIDDLER ROAD (GPIN 2434-12-3465 & GPIN 2434-12-3534) WATERWAY – ATLANTIC OCEAN SUBDIVISION – SANDBRIDGE OCEANFRONT DISTRICT – PRINCESS ANNE

RESTORATION HEARINGS

7. 2020-WTRV-00001 Robert & Eleanor Bell [Applicant/Owner] Unauthorized sand grading involving a Coastal Primary Sand Dune/Beach 2448 Sandfiddler Road (GPIN 2434-12-3465) Waterway – Atlantic Ocean Subdivision – Sandbridge Oceanfront District – Princess Anne

8. 2020-WTRV-00002 David Heacock [Applicant/Owner] Unauthorized sand grading involving a Coastal Primary Sand Dune/Beach 2444 Sandfiddler Road (GPIN 2434-12-3534) Waterway – Atlantic Ocean Subdivision – Sandbridge Oceanfront District – Princess Anne

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George Clarke Agenda Item 1

Page 1

Application Number 2019-WTRA-00058 Applicant George Clarke Property Owner Patricia Clarke Public Hearing March 16, 2020

City Council Election District Beach

REQUEST FOR 1 YEAR EXTENSION

Agent Robert Simon, Waterfront Consulting, Inc. Location 128 Pinewood Road GPIN 2418539402 Proposal To remove existing bulkhead, construct riprap, excavate uplands, dredge, and create a living shoreline involving wetlands Staff Recommendation Approval as Modified Waterway Little Neck Creek Subdivision Bay Colony Impacts Non-vegetated Wetlands: 1,152 square feet Subaqueous bottom: 1,135 square feet Overall length of proposed structure: 565 linear feet Volume of backfill: 55 cubic yards Proposed Mitigation and/or Compensation Onsite compensation

Agenda Item 1

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George Clarke Agenda Item 1

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Site Aerial

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Barry Cross, et al. Agenda Item 2

Page 1

Application Number 2020-WTRA-00003 Applicant/Property Owner Barry & Virginia Sancilio Cross Public Hearing March 16, 2020 City Council Election District Lynnhaven

Agent Robert E. Simon, Waterfront Consulting, Inc. Location 1420 North Woodhouse Road GPIN 2408899343 Proposal After-the-Fact approval of 34 linear feet of rip-rap, and 60 linear feet of proposed rip-rap. 5’ set of stairs for beach access. Staff Recommendation Approval as Submitted Waterway Linkhorn Bay Subdivision Alanton Impacts Dune and/or beach: 235 square feet (temporary) Overall length of proposed structure: 94 linear feet Volume of backfill: N/A Proposed Mitigation and/or Compensation N/A

Agenda Item 2

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Barry Cross, et al. Agenda Item 2

Page 2

This property is located in the Chesapeake Bay Watershed. A CBPA Board Variance was granted in August 2017 to remove all existing primary and secondary structures and to construct a new single-family residence, driveway, swimming pool, outdoor kitchen, and walkways. In September 2017, the Wetlands Board approved a 180 linear foot bulkhead and 101 linear foot Flex-A-Mat installation. At the November 2019 Wetlands Board Show Cause Hearing, the Wetlands Board determined that the 34 linear feet of unauthorized riprap that was placed at the toe of the approved Flex-A-Mat was in violation and ordered an After-the-Fact application to submit plans within 60 days. Plans were submitted to the Virginia Marine Resources Commission within the prescribed 60 day time period.

Site Aerial

CBPA Variances and Wetlands Board Permit History

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Barry Cross, et al. Agenda Item 2

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Plan View

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Barry Cross, et al. Agenda Item 2

Page 4

Site Photos

Summary of Proposal

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Barry Cross, et al. Agenda Item 2

Page 5

The applicant is obtaining After-the-Fact approval for 34 linear feet of previously unauthorized placed rip-rap within the Wetlands Board’s jurisdictional beach area. This application also includes the installation of 60 linear feet of rip rap to reinforce the toe of the existing Flex-A-Mat revetment that was not properly installed. No fill is associated with the project. The primary purpose of the project is shoreline stabilization.

The rip rap was previously placed in an area where the Flex-A-Mat was not toed-in and a wash out occurred. The additional 60 linear foot of rip rap is proposed to deter bank erosion by fortifying the toe of the remaining bank. Accordingly, the Department of Planning and Community Development Staff recommend that the application be approved as submitted.

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.

Evaluation and Staff Recommendations

Next Steps

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James B. Miller Agenda Item 3

Page 1

Application Number 2020-WTRA-00017 Property Owner Jason B. Miller Public Hearing March 16, 2020

City Council Election District Lynnhaven

Agent David Kledzik, Marine Engineering Location 512 58th Street GPIN 2419603154 Proposal To reconstruct a rip rap revetment, and create a marsh sill involving wetlands Staff Recommendation Approval as Submitted Waterway Crystal Lake Subdivision North End Impacts Non-vegetated Wetlands: 838 square feet Overall length of proposed structure: 268 linear feet of rip rap, 24 linear feet of marsh sill Proposed Mitigation and/or Compensation Onsite compensation

Agenda Item 3

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James B. Miller Agenda Item 3

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This property is located in the Chesapeake Bay Watershed. There was a Chesapeake Bay Preservation Area variance granted in 2005 for filling, grading, excavation, associated with the construction of a new house with a pool and deck. A Preliminary Project Request was reviewed in August 2019 for elevation of the existing structure in the same footprint as part of a FEMA Home Elevation Grant. This work is currently under construction. There were no recent Wetlands Board Permits found for this property.

Site Aerial

CBPA Variances and Wetlands Board Permit History

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James B. Miller Agenda Item 3

Page 3

Site Plan

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James B. Miller Agenda Item 3

Page 4

Site Photos

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James B. Miller Agenda Item 3

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The applicant is proposing to install 268 linear feet of Class A1 quarry stone rip rap along the existing shoreline. This proposed project will impact 838 square feet of non-vegetated rock habitat by the installation of a new revetment and a marsh sill. The primary purpose of this project is to stabilize the shoreline and protect the existing marsh from further erosion.

The existing bank is extremely low and showing some signs of erosion. There is an existing revetment on the property that will be relocated landward. The relocated revetment will be constructed using the stone from the existing revetment. The existing rip rap appears to be settling, which may be attributed to the absence of filter cloth and not having been properly toed-in. The new revetment will include filter cloth and will be appropriately toed-in below mean low water. There is a minimal amount of backfill, 10-feet behind the revetment, just enough to match grade and level inconsistencies in the yard. The new revetment will be located slightly landward of the existing revetment resulting in minor restoration of some mud-flat and sub-aqueous habitat. The relocation of the revetment results in no net loss of non-vegetated rock habitat, and the proposed marsh sill, designed to preserve the existing vegetation, will be self-mitigating as tidal habitats. Staff recommends that the Wetlands Board accept the rock habitat over the existing revetment, the marsh sill over the mud-flat, and the restoration of mud-flat as sufficient wetlands compensation. Accordingly, the Department of Planning and Community Development Staff recommends that the application be approved as submitted.

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.

Summary of Proposal

Evaluation and Staff Recommendations

Next Steps

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Karen L. Nemeth & Marc D. Pearson Agenda Item 4

Page 1

Application Number 2020-WTRA-00018 Applicant Karen L. Nemeth & Marc D. Pearson Public Hearing March 16, 2020

City Council Election District Princess Anne

Agent Robert Simon, Waterfront Consulting, Inc. Location 6474 Knotts Island Road GPIN 2337-91-8346 Staff Planner Whitney McNamara Proposal To remove bulkhead, construct rip rap, a groin wall, and grade uplands involving wetlands Staff Recommendation Approval as Submitted Waterway Back Bay Subdivision Pungo Impacts Non-Vegetated Impacts: 213 square feet Subaqueous Impacts: 2 square feet Overall Length of Proposed Structure(s): 61 linear feet of bulkhead; 34 linear feet groin wall Volume of Backfill: 20 cubic yards Proposed Mitigation and/or Compensation On Site and Payment of an in-lieu fee

Agenda Item 4

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Karen L. Nemeth & Marc D. Pearson Agenda Item 4

Page 2

This property is in the Southern Rivers Watershed. There were no recent Wetlands permit applications found for this property.

Site Aerial

CBPA Variances and Wetlands Board Permit History

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Karen L. Nemeth & Marc D. Pearson Agenda Item 4

Page 3

Site Plan

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Karen L. Nemeth & Marc D. Pearson Agenda Item 4

Page 4

Site Photos

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Karen L. Nemeth & Marc D. Pearson Agenda Item 4

Page 5

The applicant is proposing to remove the existing bulkhead, concrete rubble, and boathouse and construct 61 linear feet of rip rap, a 34 linear foot groin wall, and grade 285 square feet of upland to create a beach. Approximately 20 cubic yards of fill will be placed below the plane of mean high water. There are 198 square feet of non-vegetated wetlands impacts associated with the conversion of non-vegetated rubble to non-vegetated rip rap. An additional 15 square feet of non-vegetated wetlands, located in an area of erosion behind the existing rip rap rubble, will be converted to uplands. The applicant is proposing payment of an in-lieu fee for the15 square feet of non-vegetated wetlands impacts. The primary purpose of the project is shoreline stabilization.

The shoreline is in poor condition. An existing bulkhead is dilapidated and is no longer providing protection from erosion. Concrete rubble and other debris have been placed along the shoreline behind the bulkhead in an attempt to prevent erosion, but it does not appear that filter cloth was used and the shoreline has continued to erode behind the rock rubble. Due to the property’s location on Back Bay, it is exposed to fetch from the east and northeast during storm events, creating wave action, making rip rap an appropriate shoreline stabilization choice. In addition, the property owner is proposing to grade an area of uplands and fill it with six inches of sand to create a sandy beach. This new beach will be located adjacent to an existing beach on the neighboring property to the north, and will not have any additional wetlands impacts since the area will be converted from rock habitat and uplands to sandy beach. A 34 linear foot timber groin wall is proposed to prevent the sand on the newly created beach from eroding. Staff supports the proposed on-site conversion of non-vegetated rock rubble to rip rap, and payment of an in-lieu fee for the 15 square feet of non-vegetated wetlands located behind the proposed rip rap. As such, the Department of Planning and Community Development Staff recommends that the application be approved as submitted as shown on the plans for 6474 Knotts Island Road, sealed on February 15, 2020, and received by VMRC on February 18, 2020.

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.

Summary of Proposal

Evaluation and Staff Recommendations

Next Steps

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Victoria F. Oldani Agenda Item 5

Page 1

Application Number 2020-WTRA-00022 Applicant Victoria F. Oldani Public Hearing March 16, 2020

City Council Election District Princess Anne

Agent Robert Simon, Waterfront Consulting, Inc. Location 1325 Pleasant Ridge Road GPIN 2411-97-5590 Staff Planner Whitney McNamara Proposal To install a bulkhead involving wetlands Staff Recommendation Approval as Submitted Waterway Canal to Shipps Bay Subdivision Pungo Impacts Non-Vegetated Impacts: 276 square feet Overall Length of Proposed Structure(s): 265 linear feet of bulkhead with two 8 linear foot returns Volume of Backfill: 10 cubic yards Proposed Mitigation and/or Compensation Payment of an in-lieu fee

Agenda Item 5

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Victoria F. Oldani Agenda Item 5

Page 2

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

Site Aerial

CBPA Variances and Wetlands Board Permit History

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Victoria F. Oldani Agenda Item 5

Page 3

Site Plan

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Victoria F. Oldani Agenda Item 5

Page 4

Site Photos

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Victoria F. Oldani Agenda Item 5

Page 5

The applicant is proposing to install 265 linear feet of bulkhead. Approximately 10 cubic yards of backfill will be placed behind the bulkhead. The proposed bulkhead will impact 276 square feet of non-vegetated wetlands. The applicant is proposing to pay an in-lieu fee for the non-vegetated wetlands impacts. The primary purpose of the project is to stabilize the eroding shoreline and protect the upland property.

The property is low and surrounded by water on three sides. There is obvious erosion along the shoreline. Staff is of the opinion that a bulkhead is the appropriate shoreline stabilization method for this property as the existing structure is located close to the shoreline on all sides. Due to the small size of the property and proximity of the house to the shoreline, there is not enough room to install rip rap, a living shoreline or on-site mitigation. Staff recommends that the Wetlands Board accept payment of an in-lieu fee for the non-vegetated wetlands impacts. Accordingly, the Department of Planning and Community Development Staff recommend that the application be approved as submitted as shown on the plans for 1325 Pleasant Ridge Rd sealed on February 4, 2020 and received by the VMRC on February 18, 2020.

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.

Summary of Proposal

Evaluation and Staff Recommendations

Next Steps

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Robert & Eleanor Bell Agenda Item 7

Page 1

Violation Number 2020-WTRV-00001 Property Owner Robert & Eleanor Bell Restoration Hearing March 16, 2020

City Council Election District Princess Anne

Agent Robert Simon, Waterfront Consulting Location 2448 Sandfiddler Road GPIN 2434-12-3465 Activity Unauthorized sand grading involving a Coastal Primary Sand Dune/Beach Staff Recommendation Approval of the Restoration Plan as Submitted Waterway Atlantic Ocean Subdivision Sandbridge Beach Impacts Approximately 4,500 square feet of a Coastal Primary Sand Dune/beach, approximately 2,000 square feet of beach vegetation

Agenda Item 7

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Robert & Eleanor Bell Agenda Item 7

Page 2

This property is located in the Atlantic Ocean Watershed. At the February 17, 2020 Show-Cause Hearing, the Wetlands Board determined the site was in violation of the Coastal Primary Dune/Beach Ordinance, and assessed a civil charge of $1,500, ordered a Restoration Hearing for March 16, 2020, and required submission of Restoration Plan prior to the Restoration Hearing. The Restoration Plan is attached.

Site Aerial

CBPA Variances and Wetlands Board Permit History

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Robert & Eleanor Bell Agenda Item 7

Page 3

Restoration Plan

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Robert & Eleanor Bell Agenda Item 7

Page 4

Site Photos

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Robert & Eleanor Bell Agenda Item 7

Page 5

After the Show-Cause hearing, the Wetlands Board’s Staff met with the property owners’ agent, Mr. Robert Simon. Staff and Mr. Simon reviewed topographic maps available on the City’s Geospatial Information System (GIS) website that show grade elevations from 2019. The 2019 topographic maps were compared to Mr. Simon’s current topographic survey of the property. That information was also compared to the limits of grading allowed by the property owners’ previously approved Sand Management Permit. The attached Restoration Plan, designed to restore the unauthorized disturbed areas, is a result of a collaborative effort between the agent and Staff. Accordingly, the Department of Planning and Community Development Staff recommends that the Restoration Plan be approved as submitted.

Restoration Hearing decisions CANNOT be reviewed by or appealed to the Marine Resource Commission.

Following the Wetlands Board meeting, applicants and their agents can expect to receive a Board Actions Summary via email.

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.

Evaluation and Staff Recommendations

Next Steps

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David Heacock Agenda Item 8

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Violation Number 2020-WTRV-00002 Property Owner 2444 Sandfiddler Road, LLC - David Heacock Restoration Hearing March 16, 2020

City Council Election District Princess Anne

Agent Robert Simon, Waterfront Consulting Location 2444 Sandfiddler Road GPIN 2434-12-3534 Activity Unauthorized sand grading involving a Coastal Primary Sand Dune/Beach Staff Recommendation Approval of the Restoration Plan as Submitted Waterway Atlantic Ocean Subdivision Sandbridge Beach Impacts Approximately 1,600 square feet of a Coastal Primary Sand Dune/Beach, beach vegetation totaling approximately 700 square feet

Agenda Item 8

Page 35: Wetlands Board Hearing Procedures - VBgov.com · Jason B. Miller [Applicant/Owner] To construct rip rap, marsh sill, and plant wetlands . 512 58. th. Street (GPIN 2419-60-3154) Waterway

David Heacock Agenda Item 8

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This property is located in the Atlantic Ocean Watershed. At the February 17, 2020 Show-Cause Hearing, the Wetlands Board determined the site was in violation of the Coastal Primary Dune/Beach Ordinance, and assessed a civil charge of $1,500, ordered a Restoration Hearing for March 16, 2020, and required submission of Restoration Plan prior to the Restoration Hearing. The Restoration Plan is attached.

Site Aerial

CBPA Variances and Wetlands Board Permit History

Page 36: Wetlands Board Hearing Procedures - VBgov.com · Jason B. Miller [Applicant/Owner] To construct rip rap, marsh sill, and plant wetlands . 512 58. th. Street (GPIN 2419-60-3154) Waterway

David Heacock Agenda Item 8

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Restoration Plan

Page 37: Wetlands Board Hearing Procedures - VBgov.com · Jason B. Miller [Applicant/Owner] To construct rip rap, marsh sill, and plant wetlands . 512 58. th. Street (GPIN 2419-60-3154) Waterway

David Heacock Agenda Item 8

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Site Photos

Page 38: Wetlands Board Hearing Procedures - VBgov.com · Jason B. Miller [Applicant/Owner] To construct rip rap, marsh sill, and plant wetlands . 512 58. th. Street (GPIN 2419-60-3154) Waterway

David Heacock Agenda Item 8

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After the Show-Cause hearing, the Wetlands Board’s Staff met with the property owners’ agent, Mr. Robert Simon. Staff and Mr. Simon reviewed topographic maps available on the City’s Geospatial Information System (GIS) website that show grade elevations from 2019. The 2019 topographic maps were compared to Mr. Simon’s current topographic survey of the property. That information was also compared to the limits of grading allowed by the property owners’ previously approved Sand Management Permit. The attached Restoration Plan, designed to restore the unauthorized disturbed areas, is the result of a collaborative effort between the agent and Staff. The Restoration Plan requires a depth of one to two feet of beach quality sand to be placed in the restoration areas and then the sand graded to match the existing grades. The restored areas will be sprigged with American Beach Grass planted on 12-inch centers. Furthermore, the pedestrian accessway to the beach was graded wider than normally allowed with a Sand Management or Sandbridge General Permit. Based on this, two rows of sprigging is proposed along the access to the beach, as shown on the Restoration Plan. This Plan will adequately restore the unauthorized graded areas to the elevations shown on the City’s 2019 topographic maps, revegetate of the denuded areas with an appropriate species of dune vegetation, and reduce the width of the unvegetated access to the pedestrian beach to what is customarily allowed. Accordingly, the Department of Planning and Community Development Staff recommends that the Restoration Plan be approved as submitted.

Restoration Hearing decisions CANNOT be reviewed by or appealed to the Marine Resource Commission.

Following the Wetlands Board meeting, applicants and their agents can expect to receive a Board Actions Summary via email.

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.

Evaluation and Staff Recommendations

Next Steps