WETLANDS BOARD. City of Virginia Beach. September 17, :00 AM. City Council Chamber. Jeffrey L. Marks, Chairman, Presiding

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1 WETLANDS BOARD City of Virginia Beach September 17, :00 AM City Council Chamber Jeffrey L. Marks, Chairman, Presiding

2 INDEX APPLICANT APPLICATION NUMBER PAGE JEFF GIDLEY VB NW 6 THE TERRY COMPANIES FIVE, LLC VB SD 7 MIRIAM HORTON VB SD 8-9 RICHARD KRAMMER VB NVW 10 2

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

4 WETLANDS BOARD VIRGINIA BEACH, VIRGINIA PUBLIC HEARING MINUTES The September 2012 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 10:14AM, September 17, 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. Compton. Mr. Ballard read the Planning Department comments. 4

5 JEFF GIDLEY APPLICATION NO. VB NW (This matter was deferred from the July 16, 2012 Public Hearing.) PROJECT: PROJECT LOCATION: SPEAKERS: Construct a bulkhead involving wetlands 889 South Spigel Drive contiguous to the Lynnhaven River Richard T. Bartlett, Engineer Lee Spence, Spence Marine Construction, Contractor Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of JEFF GIDLEY was APPROVED, AS MODIFIED, subject to: 1. in-kind replacement of all displaced vegetation within the RPA. Note and quantify on the site plan. 2. installation of an erosion and sedimentation control silt fence adjacent to and parallel with the bulkhead capboard immediately following completion of the project. Said silt fence shall be maintained until all upland disturbed area is stabilized with vegetative cover. VOTE: 7-0 Members Voting Aye: Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Jeffrey L. Marks, Nancy Lowe Members Voting Nay: Members Absent: Patrick Shuler Members Abstaining 5

6 THE TERRY COMPANIES FIVE, LLC APPLICATION NO. VB SD (This matter was deferred from the May 21, 2012 Public Hearing. The applicant s agent has submitted a written request to defer the matter until the November 19, 2012 Public Hearing.) PROJECT: PROJECT LOCATION: Construct a bulkhead with backfill and a riprap groin involving a coastal primary sand dune/beach Parcel X at the Western end of Ocean Shore Avenue contiguous to the Chesapeake Bay SPEAKER: Upon motion by Mrs. Lowe, seconded by Mr. Bahringer, the application of THE TERRY COMPANIES FIVE, LLC was DEFERRED to the November 19, 2012 Public Hearing. VOTE: 6-0 Members Voting Aye: Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Leonard A. Johnson, Jeffrey L. Marks, Nancy Lowe Members Voting Nay: Members Absent: Patrick Shuler Members Abstaining Kenneth D. Jobe 6

7 MIRIAM HORTON APPLICATION NO. VB SD (This matter was deferred from the August 20, 2012 Public Hearing.) PROJECT: PROJECT LOCATION: SPEAKER IN FAVOR: SPEAKER OPPOSED: Construct a single family residence with decks, pool and walkway to the beach involving a coastal primary sand dune/beach 3792 Jefferson Boulevard contiguous to the Chesapeake Bay Leo Wardrup Eddie Bourdon, Esquire Counsel for the Applicant Upon motion by Mr. Jobe, seconded by Mr. Bahringer, the application of MIRIAM HORTON was APPROVED, AS CONDITIONED, subject to: 1. the limits of clearing/cutting/filling of the dune resource shall be limited to five (5)-feet seaward of the proposed decks 2. the revised JPA shall identify management strategies for dune vegetation seaward of the project. In addition, all disturbed/displaced vegetation inclusive of open pile structures, shall be sprigged with American Beachgrass post completion of the project. Spriggs shall be installed twelve (12) inch on center. The Planning Department remains available to assist the applicant with said management plan. 7

8 MIRIAM HORTON APPLICATION NO. VB SD Page 2 VOTE: 6-1 Members Voting Aye: Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, Jeffrey L. Marks, Nancy Lowe Members Voting Nay: Leonard A. Johnson Members Absent: Patrick Shuler Members Abstaining 8

9 RICHARD KRAMMER APPLICATION NO. VB NVW PROJECT: PROJECT LOCATION: SPEAKERS: Construct a bulkhead involving wetlands 512 Croatan Road contiguous to Lake Wesley-Rudee Inlet Richard Calvert, Flint Construction Agent for the Applicant Richard Krammer, Applicant Justin Worrell, Virginia Marine Resource Management Upon motion by Mr. Johnson, seconded by Mrs. Brown, the application of RICHARD KRAMMER was APPROVED, AS CONDITIONED, subject to: 1. revising the bulkhead cross section drawing to accurately represent the existing field conditions, specifically the grade profiles and mean low water location 2. providing a three (3) year monitoring plan for 176 square feet of vegetated wetlands that will be sprigged/established with cordgrass. Wetlands impacts will be compensated for on-site. VOTE: 7-0 Members Voting Aye: Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, Jeffrey L. Marks, Nancy Lowe Members Voting Nay: Members Absent: Patrick Shuler Members Abstaining 9

10 At 11:58 AM, the Public Hearing of the Virginia Beach Wetlands Board was adjourned by Chairman Marks. The comments of 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 10