DEPARTMENT OF PLANNING AND ZONING NORTHAMPTON COUNTY, VIRGINIA. Minutes October 15, 2008

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1 DEPARTMENT OF PLANNING AND ZONING NORTHAMPTON COUNTY, VIRGINIA Sandra G. Benson, AICP Director Joint Local Planning Commission Wetlands Board Board of Zoning Appeals General Development Courthouse Road P.O. Box 538 Eastville, VA Phone: Fax: NORTHAMPTON COUNTY WETLANDS BOARD Minutes October 15, 2008 This was a regular meeting of the Northampton County Wetlands Board held on Wednesday, October 15, 2008 in the former Circuit Courtroom located at Courthouse Road in Eastville, Va., for the purpose of conducting regular business. Those members present were Marshall Cox, Chairman; Robert Meyers, Dot Field, John Chubb, and Nancy Wells Drury. Absent from the meeting was Bowdoin Lusk. Also present were Melissa Kellam, Zoning Administrator; Katrina Hickman, Zoning Inspector; and Kay Downing, Secretary to the Wetlands Board. Mr. Hank Badger from the Virginia Marine Resources Commission was also in attendance. The Chairman called the meeting to order at 11:00 a.m. and established a quorum. At this time the Chairman asked that anyone wishing to speak during the meeting to stand and be sworn in including staff. Public Hearings The first hearing was called to order. A. VMRC : Charles Hugo has applied to construct a replacement bulkhead on property located at Butlers Bluff Subdivision on the Chesapeake Bay. The replacement bulkhead will be of timber and vinyl construction and be placed landward of the former and somewhat remaining structure. The bulkhead will be 173 feet in length with a foot return wall on the south connecting to an existing bulkhead, and a 30 foot return wall on the northern end. There is no Minutes Oct. 15,

2 bulkhead to the north, only standing piling from a former structure. Class III or armor type stone should be placed at the base of the structure as a scour apron. The property is described as being parcel 17 of Tax Map 112F, double circle 3. Ms. Kellam read the staff report for the record which is included in its entirety as follows. BACKGROUND INFORMATION AND FACT FINDING FOR VMRC # VIMS Recommendations: The repeated failure of timber and vinyl bulkheads and noticeable beach erosion at Butlers Bluff indicates this is not the best method for bluff stabilization. The proposed toe scour protection using quarry stone may improve bulkhead longevity, but adverse effects are still expected. An offshore breakwater system with beach nourishment is the most effective toe stabilization method for Butlers Bluff. This is best accomplished with multiple property owners that are cooperating to restore a wide, stable sand beach across property lines. If this approach is not possible, then a sloped revetment at the bluff toe is another effective alternative to consider. Bank grading would provide additional stability on the face of the bluff to improve growing conditions for vegetation. If a bulkhead with toe scour protection is permitted, then these structures should be placed as far landward from wave action as possible, while still allowing sufficient area for bank grading and terracing. If a house has not been constructed yet, then bank grading landward from the existing bluff toe is advised instead of placing the bulkhead 10 to 15 feet channelward from the toe of the bank. The design specifications should also be improved over previous failed bulkheads if possible. Time of year restrictions for protected species may be required by state or federal agencies, particularly for the northeastern beach tiger beetle. Adjacent Property Owners: No correspondence received. Staff Recommendation: Staff concurs that an offshore breakwater system would be the best approach, but may not be possible without the cooperation of the adjacent property owners. The second favorable approach would be a riprap revetment. Because the applicant has submitted a request for a bulkhead with toe scour protection, it must be considered. It is the staff s recommendation that the bulkhead with toe scour protection may not be the best, but is a reasonable approach with the a limited life span, should be approved with the Board s consideration of the VIM s recommendations as conditions. Ms. Ellen Grimes, agent, described the vulnerability of the shoreline that has sustained additional erosion during the last nor easter storm. She stated that revised drawings now show that the bulkhead would be placed 10 to 15 feet from the toe of the bank and that it would be connected with the adjacent McKinnon bulkhead. The structure would be 173 feet long with return walls even on the southern end. She added that a Water Quality Minutes Oct. 15,

3 Impact Assessment would be filed as well as part of the county s requirements for the project. It was her opinion that sustained erosion is a result of adverse weather, animal, wind forces, and wave energy. The Chairman called for public comments. There being none the hearing was closed. Pointing out that the Davis property to the north of Butlers Bluff has a very effective offshore breakwater system, Mr. Meyers suggested that Mr. Klimkiewicz to the south who is seeking an extension of his bulkhead project and Mr. Hugo consider a joint offshore breakwater project as a better alternative to preserve their shorelines. Ms. Grimes noted that an off-shore breakwater was never discussed with Mr. Hugo. It was Mr. Meyers understanding that another property owner in this subdivision may also be interested in participating in a joint off-shore breakwater project. He suggested that this application along with the Klimkiewicz request be tabled in order to encourage the applicants to investigate a joint off-shore breakwater. Ms. Grimes noted that Mr. Klimkiewicz has an approved bulkhead project and is requesting an extension from the Board. Mr. Meyers stated his opinion that it has been proven that bulkheads do not work along this shoreline. Mr. Chubb agreed noting the limited life or effectiveness of such structures due to storm events causing wash-out behind the structures resulting in additional bank erosion. Ms. Grimes stated that a new bulkhead was installed on the McKinnon property last year. However, it appears that no facing was installed and it was not constructed as approved by the Board. It was her opinion that return walls are needed to prevent wash out. She then suggested that the application be tabled for a month so that the applicant can investigate the possibility of a group project for an offshore breakwater. Ms. Field suggested that an official letter from the Board be sent to all property owners within the area informing them of the Board s desires and goals. Mrs. Downing stated her opinion that the Board may want to notify all bay front property owners in such a mailing so that no one is excluded. Ms. Ellis suggested that the Board include information on living shorelines as well as offshore breakwaters in such notifications. Ms. Field suggested that any such mailing be limited to the lower end of the county at this time. Action Motion was made by Ms. Field to table the application for 60 days so that the Board can send information out to landowners along the bluff shoreline of the county with information to minimize impacts to their property including other methods available. Mr. Meyers asked that the motion be amended to allow the applicant time to consider alternate methods such as those suggested in the VIMS report. Ms. Field then amended her motion to table the application until the regular December meeting to allow the applicant ample time to consider alternative methods given the Board s concerns that the proposed project is basically ineffective and that recommendations from VIMS and staff Minutes Oct. 15,

4 be considered as well. The motion as amended was seconded by Mr. Meyers and carried unanimously. The next public hearing was called to order. B. VMRC : John & Clelia Sheppard have applied to place and fill geotubes along 185 feet of toe of the eroding bluff to prevent erosion. The geotubes will be approximately 5 feet high and 8 feet wide when filled. No grading or clearing will be necessary. The property located at 3274 Butlers Bluff Drive on the Chesapeake Bay is described as being parcel 3 of Tax map 112 F, double circle 1. Ms. Kellam read the staff report for the record which is included as follows. BACKGROUND INFORMATION AND FACT FINDING FOR VMRC # VIMS Recommendations: The proposed geo-textile tubes are not a conventional method for bluff stabilization, so it is difficult to predict how effective they will be. They will be subject to wave action and may shift out of place if they are not anchored or covered with sand. Fill material for geo-textile bags should not be borrowed form other beach and dune areas. The geo-textile tubes may provide temporary toe protection, but more effective stabilization methods may need to be considered in the near future. An offshore breakwater system with beach nourishment is the most effective toe stabilization method for Butlers Bluff. This is best accomplished with multiple property owners that are cooperating to restore a wide, stable sand beach across property lines. If this approach is not possible, then a sloped revetment at the bluff toe is another effective alternative to consider. Bank grading would provide additional stability on the face of the bluff to improve growing conditions for vegetation. The vegetation cover was noticeably more stable on the adjacent property where a bulkhead provides toe stabilization, although this structure also causes beach erosion. Planting vegetation on the bluff will probably not be successful until sand movement can be reduced with either toe stabilization and /or bank grading. Deep-rooted, salt tolerant native grasses are recommended for planting, such as Spartina patens and Panicum virgatum. Time of year restrictions for protected species may be required by state or federal agencies, particularly for the northeastern beach tiger beetle. Adjacent Property Owners: No correspondence received. Minutes Oct. 15,

5 Staff Recommendation: Staff concurs with the VIMS recommendation that more aggressive approaches may need to be implemented because of high erosive forces at this location. The applicants have decided upon a less invasive approach with minor impacts, which must be considered. With applicants understanding that this is not a conventional approach and it may not be as effective as other conventional methods, staff recommends approval. Mr. Ben Mears, agent for the applicant, stated that there is shoreline erosion occurring at this property that has a single-family residence on the upland. He stressed that the proposed project is a temporary measure to stop the erosion as soon as possible. Mr. Mears noted that money is a variable as well for the applicants at this time. He explained that the bags at the toe of the bank would work with the row of pilings since sand moves all around the open pilings. The two together would help abate wave energy during storm events. Also, he noted that this would help protect the toe of the bank thereby protecting the top of the bank that is breaking off and moving closer to the house. Since the upland yard slopes away from the edge of the bank there is no evidence of an upland runoff problem in his opinion. Ms. Drury asked how sand would be placed at the project site. Mr. Mears stated that sand would be installed using a special machine designed with a chute causing no detrimental impacts to the bank since there would be no excavation. Ms. Ellis asked for details concerning the life span of the geo-bags. Mr. Mears stated that he did not know but there is an improved bag design and the option of installing a special apron over the bag affording better protection and increasing longevity. At this time Mrs. Sheppard informed the Board that installing off-shore breakwaters would be cost prohibitive for her family. Ms. Field suggested that the applicant follow the VIMS recommendation to plant American beach greases and other such vegetation to help stabilize the area. Mr. Chubb stated his opinion that stormwater reaching beyond the bags would continue to erode the bottom of the bank perpetuating the collapse of the cliff. Mr. Mears stated his opinion that water saturation and wind are factors also concerning the cliff situation. The applicants would leave the trees and fix the base for now while maintaining the existing pilings but stressed that the geo-bags are needed at the toe to supplement protection. Mr. Meyers stated that the vertical pilings installed along the beach should be anchored somehow to prevent any loose ones from colliding with and damaging the bags. He also noted that the applicants plus two other family members own three lots adjacent to one another and this would be an ideal situation for a group off-shore breakwater project. Minutes Oct. 15,

6 Mr. Mears stated his opinion that anchoring the existing pilings together may cause additional piling failure because of stress resulting from any downed pilings that are moving with the tide. Discussion followed on the need to offer public information seminars relating to wetlands projects and requirements. Mrs. Sheppard offered the Palace Theatre as a forum location in the future. She agreed that there is a need to provide better public information opportunities related to shorelines and wetlands projects to help alleviate the confusion for the average property owner. Mr. Meyers agreed and suggested that VIMS be contacted so that another information seminar can be conducted in the lower half of the county. There being no further comments the public hearing was closed. The Chairman noted that the property and house are in jeopardy due to the high erosion rate and that interim measures may be in order and Ms. Ellis agreed. Action Motion was made by Mr. Chubb to approve the application as submitted recognizing that it is a temporary fix but noted that there may be a better alternative as recommended in the staff report. The motion was seconded by Mr. Meyers. Mr. Mears was asked how the bags would be stabilized by Ms. Ellis. He stated that there is a line of bulkheads along the shoreline from north to south. The adjacent one to the south is vinyl and the one to the north is wooden and installed behind the failing bulkhead on the same property. These two bulkheads lock together and vegetation is holding. There is a step back on the Sheppard property due to the toe erosion; therefore, it is not in alignment with the other bulkheads. The bags would be anchored and placed behind the alignment of the existing bulkheads. There being no further discussion the Board voted unanimously to approve the motion. Old Business There was no old business to consider. New Business Ms. Kellam reported that no new applications have been received to date. The Board then considered the extension request by the Donald Klimkiewicz Family Trust on VMRC for a bulkhead in the Butlers Bluff Subdivision. Considering all previous discussion concerning this subdivision shoreline motion was made by Mr. Meyers to grant a two month extension until the regular December meeting so that this Minutes Oct. 15,

7 property owner can investigate and consider the option of a group off-shore breakwater project as well. The motion was seconded by Mrs. Drury and carried. Statements from the Public Mr. Mears stated that the Board is to be commended for recognizing the need of a public information seminar and that he would be like to volunteer his services if needed. Ms. Field stated that a workshop is needed that would provide a more in-depth focus. Mr. Mears related to the Board how a family member installed off-shore breakwaters along the Potomac River which was very effective until the space between the breakwater and the shoreline grew farther apart. Riprap then had to be installed at the shoreline. Mr. Badger stated that storm events washing over off-shore breakwaters can reduce their effectiveness. Mr. Meyers stressed that bulkheads in this subdivision area are not effective as proven over the years. Noting that no structure or project is perfect, off-shore breakwaters are a much better alternative in his opinion to reduce erosion impacts. Consideration of Minutes The minutes of August 20, 2008 were approved as submitted upon proper motion by Mr. Meyers and second by Mr. Chubb. Likewise, the minutes of September 17, 2008 were approved upon proper motion by Mr. Meyers and second by Ms. Drury with one abstention from Ms. Ellis. Adjournment Prior to adjourning the Board agreed to conduct a two-hour long work session on November 19 th prior to the regular meeting that day. Therefore, the Board shall meet at 9:00 a.m. and go into regular session at 11:00. There being no further business the meeting was adjourned at 12:30 p.m. upon proper motion by Ms. Ellis and second by Mrs. Drury. Chairman Secretary Minutes Oct. 15,