WETLANDS BOARD. City of Virginia Beach. March 21, :00 AM. City Council Chamber. Jeffrey L. Marks, Chairman, Presiding

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1 WETLANDS BOARD City of Virginia Beach March 21, :00 AM City Council Chamber Jeffrey L. Marks, Chairman, Presiding

2 INDEX APPLICANT APPLICATION NUMBER PAGE INDIAN COVE RESORTS, INC. VB NW 5 MARK BATZEL and VB NW 6 GEORGE GRINNON SHELTON WETHERINGTON VB SD 7 KEVIN JONES VB SD 8 BETTY CIMMINO VB NW 9 HUGH FARD VB VW MILDRED MORRISETTE VB NW 12 DAVID PARKER VB NW 13 NICHOLAS WILSON VB

3 WETLANDS BOARD Members Present: Jeffrey L. Marks, Chairman Patrick Shuler, Vice Chairman Nils S. Bahringer Stephen B. Ballard Kenneth D. Jobe Leonard A. Johnson Richard Whittemore Member Absent: 3

4 WETLANDS BOARD VIRGINIA BEACH, VIRGINIA PUBLIC HEARING MINUTES The March 2011 PUBLIC HEARING for the Virginia Beach WETLANDS BOARD was called to order by the Chair, Jeffrey L. Marks, in the City Council Chamber, Virginia Beach, Virginia, at 10:00AM, March 21, Chairman Marks welcomed all present, stated the responsible charge of the Wetlands Board, as delineated in the Virginia State Code, and announced appeals are available through the Virginia Marine Resources Commission within ten (10) days of this Board's decision. Approval expires one (1) year from the date it is granted. A permit is normally extended, but not an approval. Applicants are advised to obtain their permit within no more than thirty (30) days of their Hearing. Extensions must be requested before the expiration date. The Chair acknowledged each applicant and/or agent for the applicant and administered the oath of truth and honor. The slide presentation for each application site was rendered by Mr. Warren. Mr. Jobe and Mr. Shuler read the VIMS and Planning Department comments, respectively. Mr. Marks noted that the fourth grade math and science class from Linkhorn Park Elementary School was attending this morning. 4

5 INDIAN COVE RESORTS, INC. APPLICATION NO. VB08-238NW Construct 6,606 linear feet of bulkhead with back fill with wetlands planting involving wetlands 1053 Sandbridge Road contiguous to Hell s Point Creek Robert E. Simon, Waterfront Consulting Agent for the Applicant Upon motion by Mr. Bahringer, seconded by Mr. Shuler, the permit of INDIAN COVE RESORTS, INC. was extended for one year. VOTE: 7-0 Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 5

6 MARK BATZEL and GEORGE GRINNON APPLICATION NO. VB NW (At the request of the applicant s agent, this application was deferred from the January 18, 2011 Public Hearing.) Construct a timber bulkhead with back fill, riprap revetment involving wetlands 4036 and 4041 Bridgehampton Lane contiguous to the Western Branch of the Lynnhaven River Lee Spence, Spence Marine Construction Agent for the Applicant Upon motion by Mr. Shuler, seconded by Mr. Jobe, the application of MARK BATZEL and GEORGE GRINNON was APPROVED AS CONDITIONED, subject to: 1. immediately sprigging of post installation of the revetment and select tree/tree limb removal, the intertidal area with cordgrass twelve (12) inch on center. Cordgrass shall be introduced along the reach of cross section A-A, B-B and E-E shall be no less than three (3) rows and begin and lie adjacent and parallel to the toe of the revetment 2. the payment of an in-lieu fee for permanent vegetative loss VOTE: 4-3 Nils S. Bahringer, Kenneth D. Jobe, Patrick Shuler, Richard Whittemore Stephen B. Ballard, Leonard A. Johnson, Jeffrey L. Marks 6

7 SHELTON WETHERINGTON APPLICATION NO. VB SD (At the request of the applicant s agent, this application was deferred from the January 18, 2011 Public Hearing.) Construct a timber bulkhead with back fill and steps involving a coastal primary sand dune/beach 5068 Lauderdale Avenue and Lots 25-28, Block 1, Chesapeake Park contiguous to the Chesapeake Bay Billy Garrington, Agent for the Applicant Upon motion by Mr. Bahringer, seconded by Mr. Shuler, the application of SHELTON WETHERINGTON was WITHDRAWN. VOTE: 7-0 Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 7

8 KEVIN JONES APPLICATION NO. VB SD (At the request of the Applicant s agent, this application was deferred from the January 18, 2011 Public Hearing.) Construct a timber bulkhead with back fill and steps involving a coastal primary sand dune/beach 5070 Lauderdale Avenue and Lots 29 and 30, Block 1, Chesapeake Park continguous to the Chesapeake Bay Billy Garrington Upon motion by Mr. Bahringer, seconded by Mr. Shuler, the application of KEVIN JONES was WITHDRAWN. VOTE: 7-0 Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 8

9 BETTY CIMMINO APPLICATION NO. VB NW Construct a riprap revetment involving wetlands 1309 N. Bay Shore Drive contiguous to Linkhorn Bay Robert E. Simon Upon motion by Mr. Shuler, seconded by Mr. Jobe, the application of BETTY CIMMINO was APPROVED, AS CONDITIONED, subject to: 1. in addition to the upland BMP facility, no less than 50% of the area devoted to backfill (approximately 3,310 square feet) shall employ buffer restoration consistent with the Chesapeake Bay Preservation Area Buffer Guidance Manual 2. the site plan amended accordingly. VOTE: 7-0 Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 9

10 HUGH FARD APPLICATION NO. VB VW Construct a riprap revetment involving wetlands 1321 Five Point Road contiguous to Back Neck Cove Upon motion by Mr. Shuler, seconded by Mr. Ballard, the application of HUGH FARD was APPROVED, AS CONDITIONED, subject to: 1. the toe of the proposed riprap revetment shall lie landward of tidal vegetated wetlands 2. revising the site plan to reflect in-kind compensation of removed upland vegetation (trees and shrubs), specifically species type, number and location 3. the existing rubble within the intertidal zone shall be removed and disposed of off-site in a legal manner 4. no onsite compensation with payment of an in-lieu fee VOTE:

11 HUGH FARD APPLICATION NO. VB VW Page 2 Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore. 11

12 MILDRED MORRISETTE APPLICATION NO. VB NW Construct a riprap revetment involving wetlands 1304 Kildeer Court contiguous to L inkhorn Bay Billy Garrington, Agent for the Applicant Upon motion by Mr. Shuler, seconded by Mr. Jobe, the application of MILDRED MORRISETTE was DEFERRED to the May 16, 2011 Public Hearing. VOTE: 7-0 Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 12

13 DAVID PARKER APPLICATION NO. VB NW Construct a bulkhead with back fill involving wetlands 304 Winston Salem Avenue contiguous to Lake Rudee Robert E. Simon, Waterfront Consulting Agent for the Applicant Upon motion by Mr. Shuler, seconded by Mr. Bahringer, the application of DAVID PARKER was APPROVED, AS CONDITIONED, subject to: 1. monetary compensation for non-vegetated wetland and oyster losses VOTE: 6-0 Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler Richard Whittemore Mr. Whittemore abstained due to a business relationship with the applicant. 13

14 NICHOLAS WILSON APPLICATION NO. VB Construct a bulkhead with back fill involving wetlands 304 Winston Salem Avenue contiguous to Lake Rudee Upon motion by Shuler, seconded by Bahringer, the application of NICHOLAS WILSON was APPROVED, AS CONDITIONED, subject to: 1. the installation of filter cloth beneath the existing and proposed revetment 2. revising the site plan accordingly VOTE: 7-0 Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 14

15 At 11:49 AM, the March 21, 2011 Public Hearing of the Virginia Beach Wetlands Board was adjourned by Chairman Marks. The comments of the Virginia Institute of Marine Science and the City of Virginia Beach Planning Department are on file with the City of Virginia Beach Planning Department. Gloria Winkler, MMC Senior Deputy City Clerk Jeffrey L. Marks Chairman, Wetlands Board 15