Wetlands Board Hearing Procedures

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2 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 8:30 a.m. in the City Manager s Conference Room, Room 234, Building 1. 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 PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING WITHDRAWN OR DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN.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 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After the commencement of the hearing, however, the applicant must request that the Wetlands Board allow the item to be withdrawn.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. Wetlands Board Agenda July 17, 2017

3 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. Wetlands Board Agenda July 17, 2017

4 8:30 A.M. STAFF BRIEFINGS & DISCUSSION SANDBRIDGE SAND MANAGEMENT GENERAL PERMIT ROUTE MAIL (IF ANY) TRAINING (IF NECESSARY) REVIEW OF PUBLIC HEARING AGENDA ITEMS 10:00 A.M. PUBLIC HEARING ADOPTION OF THE SANDBRIDGE SAND MANAGEMENT GENERAL PERMIT OLD BUSINESS WETLANDS WTRA Bruce Mills [Applicant/Owner] DEFERRED FROM MAY 7, 2017 PUBLIC HEARING To dredge and construct riprap involving wetlands 613 & 617 Pinetree Circle (GPINs , ) Waterway Buchannan Creek Subdivision Thalia Waterfront Council District Lynnhaven Deferred until August NEW BUSINESS WETLANDS WTRA Neil C. Thompson [Applicant/Owner] To construct bulkhead involving wetlands 2821 Wood Duck Drive (GPIN ) Deferred until September Waterway Sand Broad Inlet Subdivision Sandbridge Council District Princess Anne Wetlands Board Agenda July 17, 2017

5 NEW BUSINESS COASTAL PRIMARY SAND DUNE/BEACH WTRA Pamela J. Turner Living Trust & J. Wedford Turner Living Trust [Applicant/Owner] to construct a deck, beach access stairs, covered porch and excavate sand involving a Coastal Primary Sand Dune/Beach 3648 Sandfiddler Road (GPIN ) Waterway Atlantic Ocean Subdivision Sandbridge Ocean Front Council District Princess Anne Wetlands Board Agenda July 17, 2017

6 Wetlands Board Sandbridge General Permit July 17, 2017

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9 Sandbridge Sand Management and Placement Profile for Bulkheaded Lots Sand Removal Area* Dune Planting Area Replant existing vegetation taken from the Sand Removal Area in the Dune Planting Area, and plant new American Beach Grass 12-inches on center on the remaining dune face and crest. Dune Planting Area Sand Placement/Spreading Zone Spread the excavated sand on the existing Beach Berm (the horizontal plateau of the beach face the width varies). Place only clean-beach-quality sand in this area, and in a level state. Do not cover any existing dune vegetation. Sand Placement/Spreading Zone *Excavate 3-foot deep maximum, measured from the top of the bulkhead cap. Profile View 3 15 *Excavate a level area 15-foot max. distance seaward of the bulkhead. 2 1 *Create a 2-foot horizontal to 1-foot vertical slope until you reach the top of the existing grade. The horizontal distance can vary depending on the height of sand. Existing Bulkhead Seaward Toe of the Existing Dune Mean High Water High Tide Line MHW Overhead View Sand Removal Area Dune Planting Area Property Line Sandfiddler Road Existing Bulkhead 15 Level Area 2:1 Slope Dune Crest Replant & Sprig Seaward Toe of Dune Sand Placement/Spreading distance can vary Zone High Tide Line - MHW Property Line

10 Sand Management and Placement Profile for Lots Without a Bulkhead Sand Removal Area 15 Excavate a level area no lower than 1 below the elevation of the first floor deck, or the bottom of the structure, and no more than 15 seaward from the edge of an existing deck Dune Planting Replant existing vegetation taken from the Sand Removal Area in the Dune Planting Area, and plant new American Beach Grass 12-inches on center on the remaining dune face and crest. 1 Create a 2 Horizontal to 1 Vertical Slope until you reach the top of the existing grade. Seaward Toe of Existing Dune(s) Sand Placement/Spreading Zone Existing Beach Berm (Width Varies) Place only clean-beach-quality sand, only in this area, and in a level state. Do not cover any existing dune vegetation. High Tide Line Mean High Water 2 MHW Profile View Overhead View Sand Removal Area (rear of the house only) Dune Planting Area Property Line Sandfiddler Road Deck 15 Level Area 2:1 Slope Dune Crest Replant & Sprig Seaward Toe of Dune Sand Placement/Spreading distance can vary Zone High Tide Line - MHW Property Line

11 STANDARD CONDITIONS FOR SANDBRIDGE GENERAL PERMITS 1. Any sand excavated shall be limited to within the subject property s boundaries. The applicants and their designees should communicate with adjacent property owners regarding the project s potential to alter the contours of the sand on adjacent properties. 2. Excavated sand that contains debris or rubble shall not be placed on the beach. Sand containing debris must be sifted to remove the debris prior to placement of sand on the beach, OR the sand shall be disposed offsite in a lawful manner. 3. If the excavated sand is clean beach quality sand, it may be placed upon the beach in accordance with the following conditions: A single access-way to the beach shall be used to transport the sand to the Sand Placement/Spreading Zone. No sand is to be placed upon existing dune vegetation. No sand is to be placed within 20 feet of a Public Beach Access. Sand shall be evenly graded from the toe of the dune to Mean High Water. 4. The Sandbridge General Permit does not authorize: Construction of any type of structure or any activity other than the excavation and placement of sand as indicated. Excavation or grading in the front or on the sides of the structure. Excavation or grading in those areas require a more compressive project review. 5. A Federal project, the Sandbridge Beach Erosion Control and Hurricane Protection Project, is present on or near the property. At the request of the U.S. Corps of Engineers (ACOE), if any work will occur below 7 feet NAVD88 (design profile for Sandbridge Beach), property owners or their agent shall coordinate with Ms. Michelle Hamor in the ACOE Planning Branch at (757) to determine if authorization is required under Section Valid Sandbridge General Permits can be reactivated multiple times; however, the contractor or operator doing the work shall contact the Waterfront Operations office at prior to any site work or beginning excavation. 7. The entire crest and seaward face of the dune shall be sprigged 12-inches on center with American Beach-grass, only during the months of September through May. Any existing dune vegetation removed shall be re-installed on the dune crest and face to the greatest extent practicable. By signing this form, I, the property owner, acknowledge that I have read and agree to adhere to the above eight (8) conditions. Sign: Date:

12 LEGISLATION: B - 1. The Virginia Beach Wetlands Board may develop and adopt, after holding a public hearing, a General Permit for Sand Management and Placement Profiles for properties in the Sandbridge Beach Subdivision. The Virginia Beach Wetlands Board shall publish notice of each hearing at least once a week for two consecutive weeks prior to such hearing in a newspaper having general circulation in Virginia Beach. C. Any General Permit for Sand Management and Placement Profiles adopted by a wetlands board pursuant to subsection B shall set forth sand management practices that require owners of real property in the permit area to undertake responsible, cost-effective sand management practices that (i) protect and enhance the value and use of their property and (ii) preserve and protect coastal primary sand dunes and public beaches and prevent their despoliation and destruction. The General Permit for Sand Management and Placement Profiles shall specify all permissible sand management practices, including the manner in which sand removed from these properties shall be transported to and placed upon an appropriate sand placement and spreading zone as may be designated in the Placement Profiles adopted by the wetlands board. The sand shall be in the condition of clean beach sand prior to such transport and placement. A wetlands board may from time to time revise such General Permit for Sand Management and Placement Profiles as appropriate, in accordance with this subsection and subsections B and D.

13 D. Following adoption of the General Permit for Sand Management and Placement Profiles, the owner of real property in the permit area, or the designee of such owner, may apply for coverage under the applicable General Permit for Sand Management and Placement Profile by submitting a registration statement to the local wetlands board on a form to be developed by the wetlands board requiring the following information: (i) owner's name; (ii) owner's address; (iii) owner's telephone number and address; (iv) address of property or properties; (v) designee's name, if any; (vi) designee's address; (vii) designee's telephone number and address; (viii) identification of the applicable Placement Profile for the property; (ix) signature of owner or designee; and (x) date of application. The wetlands board may impose a reasonable fee in connection with processing the registration statement. The wetlands board shall, within 30 days of receipt of a registration statement, notify the owner or his designee in writing whether the registration statement is approved or disapproved. The wetlands board's written notice of approval or disapproval may be delivered to the applicant via at the address stated in the registration statement or it may be delivered via United States mail at the address stated in the registration statement, or both. If the wetlands board fails to notify the applicant in writing within 30 days of receipt of a registration statement, then the registration statement is deemed approved. If the registration statement is disapproved, the wetlands board shall provide in its notification to the applicant a complete statement of the reason for the disapproval. Notwithstanding the requirements of or any other provision of law, if the registration statement is approved, then the applicant is authorized to manage sand in accordance with the applicable General Permit for Sand Management for a period of three years from the date of the application. The approval or disapproval of a registration statement submitted by an applicant is a decision of the wetlands board that is reviewable pursuant to

14 WTRA Pamela J. Turner Living Trust & J. Wedford Turner Living Trust [Applicant/Owner] To construct a deck, beach access stairs, covered porch and excavate sand involving a Coastal Primary Sand Dune/Beach 3648 Sandfiddler Road (GPIN ) Waterway Atlantic Ocean Subdivision Sandbridge Oceanfront Council District Princess Anne

15 Application Number 2017-WTRA Property Owner Pamela J. Turner Living Trust & J. Wedford Turner Living Trust Public Hearing July 17, 2017 City Council Election District Princess Anne Agenda Item 3 Agent Robert E. Simon, Waterfront Consulting, Inc. Location 3648 Sandfiddler Road GPIN Proposal To remove and reconstruct the second floor deck and covered porch, construct new beach access stairs, and perform Sand Management to excavate sand. Staff Recommendation Approval as Modified Waterway Sandbridge Oceanfront Subdivision Sandbridge Shores Impacts Dune and/or beach: 4,873 square feet Proposed Mitigation and/or Compensation N/A Pamela J. Turner Living Trust & J. Wedford Turner Living Trust Agenda Item 3 Page 1

16 Site Aerial CBPA Variances and Wetlands Board Permit History This property is located adjacent to the Atlantic Ocean in Sandbridge Beach. An Emergency Sand Management Permit was granted in 2016 and a Sand Management Permit was granted in May 2017 for this property. Pamela J. Turner Living Trust & J. Wedford Turner Living Trust Agenda Item 3 Page 2

17 Plan View Pamela J. Turner Living Trust & J. Wedford Turner Living Trust Agenda Item 3 Page 3

18 Site Photos Pamela J. Turner Living Trust & J. Wedford Turner Living Trust Agenda Item 3 Page 4

19 Summary of Proposal The applicant proposes to remove the existing second floor deck and covered porch, set new piles, and construct a new second floor deck, covered porch, and beach access stairs. In addition, the applicant is requesting Sand Management to remove sand that is approaching the rear deck. The sand removed as part of the Sand Management project will be spread flat on the beach. The primary purpose of this project is maintenance of the second floor deck. The secondary purpose is to remove and manage sand that is encroaching on the lower rear deck and house. Evaluation and Staff Recommendations The existing rear deck and covered porch supports do not meet the current Building Code. In order to maintain the second floor deck, new piles will have to be placed into the Coastal Primary Sand Dune and the deck and covered porch will have to be rebuilt. There is not any dune vegetation in the area of the proposed deck. The applicant s agent indicated that there was no known live beach Vitex located on the site; and that the site access would be moved to the north side if live beach Vitex was found in the area of the proposed site access. Staff s field visit revealed live beach Vitex on the southwest portion of the property, therefore, the proposed site access needs to be moved to the north side of the property. In addition, there is debris and asphalt rubble along the north side of the house in the accessway that should be removed during construction. The proposed sand management area is essentially the same area as was approved by the Wetlands Board on May 15, 2017, with the exception of an extension of the excavation area on the northeast side to be straight across the rear of the property to an alignment even with the bulkhead located to the south of the property. Due to the lack of dune vegetation in the area, this should not have an adverse impact on the beach. The Department of Planning and Community Development Staff recommend that the project be approved as modified with the following conditions: 1. Site access shall be limited to only the north side of the property. 2. Debris located in the accessway on the north side of the property shall be removed during construction. 3. Revised plans shall be submitted to VMRC, and shall ultimately be reviewed for accuracy and completeness by the Department of Planning and Community Development prior to the issuance of a permit. 4. Any sand excavated shall be limited to within the subject property s boundaries. The applicants and their agents should communicate with adjacent property owners regarding the project s potential to alter the contours of the sand on adjacent properties. 5. Excavated sand that contains debris or rubble shall not be placed on the beach and shall be disposed of offsite in a lawful manner. Pamela J. Turner Living Trust & J. Wedford Turner Living Trust Agenda Item 3 Page 5

20 6. If the excavated sand is clean beach quality sand, it may be placed upon the beach in accordance with the following conditions: A single unvegetated accessway to the beach is used to transport the sand. No sand is to be placed upon existing dune vegetation. No sand is to be placed within 20 feet of a Public Beach Access. Any sand placed within 100 feet of mean high water shall be evenly graded along the beach berm (flat dry portion of the beach). 7. A Federal project, the Sandbridge Beach Erosion Control and Hurricane Protection Project, is present on or near the property. At the request of the Corps of Engineers, if any work will occur below 7 feet NAVD88 (design profile for Sandbridge Beach), the property owner or their agent shall coordinate with Ms. Michelle Hamor in the ACOE Planning Branch at (757) to determine if authorization is required under Section The contractor or operator doing the work shall contact the Waterfront Operations office at (757) to schedule a pre-construction meeting to occur prior to any site work or beginning excavation. 9. Valid Sand Management Permits can be reactivated multiple times whenever an excessive accumulation of sand affects infrastructure; however, the contractor or operator doing the work shall contact the Waterfront Operations office at prior to any site work or beginning excavation. 10. Any existing dune vegetation removed shall be re-installed on the dune crest and face to the greatest extent practicable. In order to prolong the design life of the sand reservoir and minimize the need for maintenance sand management, the Department of Planning & Community Development recommends that the existing vegetation or American Beachgrass be sprigged 12 inches on center during the winter months, 5 feet seaward from the new crest, over the crest, and halfway down the newly created backslope. Pamela J. Turner Living Trust & J. Wedford Turner Living Trust Agenda Item 3 Page 6