WETLANDS BOARD. City of Virginia Beach 10:00 AM. City Council Chamber. January 20, Stephen B. Ballard, Chairman, Presiding

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1 WETLANDS BOARD City of Virginia Beach 10:00 AM City Council Chamber January 20, 2015 Stephen B. Ballard, Chairman, Presiding

2 INDEX APPLICANT APPLICATION NUMBER PAGE THE TERRY COMPANIES FIVE, LLC VB SD 5 MICHAEL LEANZO VB NVW 6 JEMIAL BEACH, LLC VB SD 7 REBECCA YATES VB SD 8-9 BILLY DUNN VB W 10 CASON BARCO VB W 11 CASEY ROBINSON VB W

3 WETLANDS BOARD January 20, 2015 Members Present: Stephen B. Ballard, Chairman Leonard A. Johnson, Vice Chairman Nils S. Bahringer Molly P. Brown Kenneth D. Jobe James T. Vail Cindy Hawks White Jeffrey L. Marks Patrick L. Shuler 3

4 WETLANDS BOARD VIRGINIA BEACH, VIRGINIA PUBLIC HEARING MINUTES The January 2015 PUBLIC HEARING for the Virginia Beach WETLANDS BOARD was called to order by the Chair, Stephen B. Ballard, in the City Council Chamber, Virginia Beach, Virginia, at 10:00AM, January 20, Chairman Ballard 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. Vail and Mrs. Brown read the Planning Department and VIMS comments respectively. THE TERRY COMPANIES FIVE, LLC APPLICATION NO. VB SD PROJECT: Construct a bulkhead with backfill involving a Coastal Primary Sand 4

5 Dune/Beach PROJECT LOCATION: SPEAKER: Parcel X at 3333 Ocean Shore Avenue contiguous to the Chesapeake Bay Tuck Bowie, The Terry Companies Five, LLC Agent for the Applicant Upon motion by Mr. Johnson, seconded by Mrs. White, the permit of THE TERRY COMPANIES FIVE, LLC was extended for one year. VOTE: 6-1 Members Voting Aye: Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Leonard A. Johnson, James T. Vail, Cindy Hawks White Members Voting Nay: Jeffrey L. Marks, Patrick Shuler Members Abstaining Kenneth D. Jobe Mr. Jobe noted he had a business relationship with the consultants involved with The Terry Companies, Five, LLC and therefore abstained. 5

6 MICHAEL LEANZO APPLICATION NO. VB NVW PROJECT: Install riprap and a living shoreline involving wetlands PROJECT LOCATION: 3545 North Crestline Drive contiguous to the Eastern Branch of the Elizabeth River SPEAKER: Billy Garrington, Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the permit of MICHAEL LEANZO was EXTENDED for one year. VOTE: 7-0 Members Voting Aye: Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, James T. Vail, Cindy Hawks White Members Voting Nay: Jeffrey L. Marks, Patrick Shuler Members Abstaining JEMIAL BEACH LLC 6

7 APPLICATION NO. VB SD PROJECT: PROJECT LOCATION: 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 JEMIAL BEACH LLC was EXTENDED for one year. VOTE: 7-0 Members Voting Aye: Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, James T. Vail, Cindy Hawks White Members Voting Nay: Jeffrey L. Marks, Patrick Shuler Members Abstaining REBECCA YATES APPLICATION NO. VB SD 7

8 (This application was deferred from the November 2014 and December 15, 2014 Public Hearings) PROJECT: PROJECT LOCATION: SPEAKER: Construct open pile deck and pool addition involving a coastal primary sand dune/beach 3040 Sandfiddler Road contiguous to the Atlantic Ocean R. Harold Jones, Sigma Environmental Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of REBECCA YATES was APPROVED, AS CONDITIONED, subject to: 1. identifying the stockpile/staging area 2. the greatest extent practicable, existing dune vegetation shall be harvested and heeled-in. Post completion of the project, reintroduce dune vegetation within all disturbed areas. 3. all deck platforms shall be at the second floor elevation 4. the applicant s agent commenting on post grade elevations and if any attempt will be made to restore to predisturbed contours REBECCA YATES APPLICATION NO. VB SD Page 2 8

9 VOTE: 4-3 Members Voting Aye: Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, James T. Vail Members Voting Nay: Stephen B. Ballard, Leonard A. Johnson, Cindy Hawks White Jeffrey L. Marks, Patrick Shuler Members Abstaining BILLY DUNN APPLICATION NO. VB W (This application was deferred from the December 15, 2014 Public Hearing.) 9

10 PROJECT: PROJECT LOCATION: Create a living shoreline involving wetlands 1712 South Woodside Lane contiguous to Lynnhaven Bay Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of BILLY DUNN was DEFERRED to the March 16, 2015 Public Hearing. VOTE: 7-0 Members Voting Aye: Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, James T. Vail, Cindy Hawks White Members Voting Nay: Jeffrey L. Marks, Patrick Shuler Members Abstaining 10

11 CASON BARCO APPLICATION NO. VB W PROJECT: PROJECT LOCATION: SPEAKER: Construct a bulkhead and convert uplands to wetlands involving wetlands 516 Southside Road contiguous to Lake Wesley/Rudee Inlet Billy Garrington Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of CASON BARCO was APPROVED, AS SUBMITTED. VOTE: 7-0 Members Voting Aye: Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, Leonard A. Johnson, James T. Vail, Cindy Hawks White Members Voting Nay: Jeffrey L. Marks, Patrick Shuler Members Abstaining CASEY ROBINSON VB W 11

12 PROJECT: Construct first and second story decks involving a coastal primary sand dune/beach PROJECT LOCATION: 3060 Sandfiddler Road contiguous to the Atlantic Ocean SPEAKER: Robert E. Simon, Waterfront Consulting Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of CASEY ROBINSON was APPROVED, AS CONDITIONED, subject to: 1. identifying the stockpile/staging area 2. sprigging all disturbed areas within limits of construction with American beachgrass twelve (12) inch on center immediately following construction 3. the proposed first floor deck shall be open-pile and lie no further than six (6) feet seaward of the residence CASEY ROBINSON VB W Page 2 12

13 VOTE: 4-2 Members Voting Aye: Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, James T. Vail, Members Voting Nay: Leonard A. Johnson, Cindy Hawks White Jeffrey L. Marks, Patrick Shuler Members Abstaining: Stephen B. Ballard Mr. Ballard stated he was personal friends with the applicant and therefore abstained. 13

14 At 11:20 AM, the January 20, 2015 Public Hearing of the Virginia Beach Wetlands Board was adjourned by Chairman Ballard. The comments of the Planning Department are on file with the City of Virginia Beach Planning Department. Gloria Winkler, MMC Senior Deputy City Clerk Stephen B. Ballard Chairman, Wetlands Board 14