WETLANDS BOARD. City of Virginia Beach 10:00 AM. City Council Chamber. April 21, Patrick Shuler, Chairman, Presiding

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1 WETLANDS BOARD City of Virginia Beach 10:00 AM City Council Chamber April 21, 2014 Patrick Shuler, Chairman, Presiding

2 INDEX APPLICANT APPLICATION NUMBER PAGE MIKE HILLIER VB SD 5 GARY TUTHILL VB NVW 6 JERMIAL BEACH, LLC VB SD 7 EDWARD HOLMES VB NW 8 JAMES R. DINKINS VB WILLIAM PASCAROSA VB STEVEN MERZ VB DAVID KILGORE VB BETTY KENNEDY VB CHAD BORNSTEIN VB

3 WETLANDS BOARD April 21, 2014 Members Present: Patrick Shuler, Chairman Nils S. Bahringer Molly P. Brown Kenneth D. Jobe Leonard A. Johnson Jeffrey L. Marks Richard Whittemore Member Absent:, Vice Chairman 3

4 WETLANDS BOARD VIRGINIA BEACH, VIRGINIA PUBLIC HEARING MINUTES The April 2014 PUBLIC HEARING for the Virginia Beach WETLANDS BOARD was called to order by the Chair, Patrick Shuler, in the City Council Chamber, Virginia Beach, Virginia, at 10:00AM, April 21, Chairman Shuler 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. McKenna. Mr. Whittemore read the Planning Department comments. MIKE HILLIER APPLICATION NO. VB SD 4

5 PROJECT: Construct a bulkhead with backfill involving a beach 2241 Windward Shore Drive contiguous to Broad Bay Upon motion by Mr. Marks, seconded by Mr. Jobe, the permit of MIKE HILLIER was EXTENDED for one year. VOTE: 7-0 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 5

6 GARY TUTHILL APPLICATION NO. VB NVW PROJECT: SPEAKER: Construct a riprap revetment involving wetlands 1409 Back Cove Road contiguous to Back Neck Cove Robert E. Simon, Waterfront Consulting Agent for the Applicant Upon motion by Mr. Marks, seconded by Mr. Jobe, the permit of GARY TUTHILL was EXTENDED for one year. VOTE: 7-0 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore JERMIAL BEACH, LLC APPLICATION NO. VB SD 6

7 PROJECT: SPEAKER: Construct a bulkhead involving a Coastal Primary Sand Dune/Beach 3528, 3532 and 3536 Sandfiddler Road contiguous to the Atlantic Ocean Robert E. Simon, Waterfront Consulting Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the permit of JERMIAL BEACH, LLC was EXTENDED for one year. VOTE: 7-0 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore EDWARD HOLMES APPLICATION NO. VB NW 7

8 PROJECT: SPEAKER: Construct riprap involving wetlands 316 Grebe Crescent contiguous to a canal to Mill Creek and North Bay Harold Jones, Sigma Environmental Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of EDWARD HOLMES was APPROVED AS SUBMITTED. VOTE: 7-0 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore JAMES R. DINKINS APPLICATION NO. VB PROJECT: Expand an existing second floor deck and construct a screened 8

9 gazebo involving a Coastal Primary Sand Dune/Beach 3256 Sandfiddler Road contiguous to the Atlantic Ocean SPEAKER: Harold Jones, Sigma Environmental Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of JAMES R. DINKINS was APPROVED AS SUBMITTED. VOTE: 4-3 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Richard Whittemore Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler WILLIAM PASCAROSA APPLICATION NO. VB PROJECT: Construct riprap and overlay existing riprap involving wetlands 200 Indian Avenue contiguous to Lake Rudee Rudee Inlet 9

10 SPEAKER: Robert E. Simon, Waterfront Consulting Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of WILLIAM PASCAROSA was APPROVED, AS MODIFIED, subject to: 1. points A to F deleted from project 2. approving twenty-two (22) linear feet of riprap between points F to G only 3. wetlands compensation achieved by removal from the feature and an in-lieu fee VOTE: 7-0 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 10

11 STEVEN MERZ APPLICATION NO. VB PROJECT: Construct riprap revetment and a living shoreline involving wetlands 2705 Shepherds Quarter contiguous to the Lynnhaven River/London Bridge Creek SPEAKERS: Billy Garrington, Agent for the Applicant Todd Lovelace, Adjacent Property Owner Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of STEVEN MERZ was DEFERRED to the June 16, 2014 Public Hearing. VOTE: 6-1 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Patrick Shuler, Richard Whittemore Jeffrey L. Marks 11

12 DAVID KILGORE APPLICATION NO. VB PROJECT: Construct a riprap revetment, riprap sill, bulkhead and a living shoreline involving wetlands 1252 Tanager Trail contiguous to Linkhorn Bay Upon motion by Mr. Whittemore, seconded by Mrs. Brown, the application of DAVID KILGORE was DEFERRED to the June 16, 2014 Public Hearing. VOTE: 7-0 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 12

13 BETTY KENNEDY APPLICATION NO. VB PROJECT: Construct riprap and coir log sills and a living shoreline 2700 Cattayle Road contiguous to the Lynnhaven River/London Bridge Creek SPEAKERS: Wayne McCoy, Mid Atlantic Environmental Meredith Malone, Lynnhaven River Now Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of BETTY KENNEDY was APPROVED, AS MODIFIED, subject to: 1. submission of a vegetated wetland monitoring plan two (2) times per year, with photos, for no less than three (3) years (total of six (6) reports) 2. providing additional detail on how backfilled sand will be retained along the Western and Southern limits of the project 3. all existing upland vegetation within the full limits of construction shall be restored in-kind immediately following construction. The Site Plan shall be amended to quantify and identify said vegetation and naturalized area. Moreover, a separate landscape plan/sheet shall be provided within the JPA to address restoration and/or preservation of said upland vegetation. 4. all excavated rubble shall be disposed of off-site and in a lawful manner, if applicable. Note on the Site Plan. 5. calling Waterfront Operations staff at a for an on-site pre-construction meeting with the contractor, landowner and agent to address limits of clearing, construction access, stockpile and staging area, mechanical vs. manual operations and in-kind replacement of upland vegetation to the greatest extent practicable. VOTE: 7-0 BETTY KENNEDY APPLICATION NO. VB

14 Page 2 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 14

15 CHAD BORNSTEIN APPLICATION NO. VB PROJECT: SPEAKER: Construct a bulkhead and dredge involving wetlands 1288 Holly Point Road contiguous to the Lynnhaven River/Brown Cove Wayne McCoy, Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of CHAD BORNSTEIN was APPROVED, AS MODIFIED, subject to: 1. installation of a silt fence adjacent to the bulkhead capboard immediately following construction. Said silt fence shall be maintained until such time as vegetative cover is established. 2. amending the Site Plan 3. payment of an in-lieu fee VOTE: 7-0 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Jeffrey L. Marks, Patrick Shuler, Richard Whittemore 15

16 At 12:14 PM, the April 21, 2014 Public Hearing of the Virginia Beach Wetlands Board was adjourned by Chairman Shuler. The comments of the Planning Department are on file with the City of Virginia Beach Planning Department. Gloria Winkler, MMC Senior Deputy City Clerk Patrick Shuler Chairman, Wetlands Board 16