WETLANDS BOARD. November 17, Patrick Shuler, Chairman, Presiding

Transcription

1 WETLANDS BOARD City of Virginia Beach 10:00 AM City Council Chamber November 17, 2014 Patrick Shuler, Chairman, Presiding

2 INDEX APPLICANT APPLICATION NUMBER PAGE REBECCA YATES VB14-202SD 5 STEVE BALLARD VB14-160W 6-7 PEDRO BECERRA VB14-206W 8-9 JOHN BOWEN VB14-207W MICHAEL A. and LINDA D. O CONNER SHOW CAUSE HEARING KATHERINE J. DUTLINGER SHOW CAUSE HEARING

3 WETLANDS BOARD November 17, 2014 Members Present: Patrick Shuler, Chairman Stephen B. Ballard, Vice Chairman Molly P. Brown Leonard A. Johnson Jeffrey L. Marks Cindy Hawks White James T. Vail Members Absent: Nils S. Bahringer Kenneth D. Jobe 3

4 WETLANDS BOARD VIRGINIA BEACH, VIRGINIA PUBLIC HEARING MINUTES The November 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, November 17, 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. Ballard and Ms. White read the Planning Department comments. Mr. Marks advised at the beginning of the meeting that he was going to abstain on all agenda items because he was uncertain if he had a conflict and needed to speak with the City Attorney s Office. He subsequently spoke with the City Attorney s Office and filed an 4

5 abstention disclosure letter for the Becerra application. REBECCA YATES APPLICATION NO. VB SD PROJECT: PROJECT LOCATION: SPEAKER: Construct open pile deck and pool addition involving a coastal primary sand dune/beach 3040 Sandfiddler Road Harold Jones, Sigma Environmental Agent for the Applicant Upon motion by Mrs. Brown, seconded by Ms. White, the application of REBECCA YATES was DEFERRED to the December 15, 2014 Public Hearing. VOTE: 6-0 Members Voting Aye: Stephen B. Ballard, Molly P. Brown, Leonard A. Johnson, Patrick Shuler, Cindy Hawks White, James T. Vail Members Voting Nay: Members Absent: Nils S. Bahringer, Kenneth D. Jobe Members Abstaining Jeffrey L. Marks 5

6 STEVE BALLARD APPLICATION NO. VB W PROJECT: Construct a bulkhead and riprap revetment involving wetlands PROJECT LOCATION: SPEAKER: 1612 Arnold Circle contiguous to Broad Bay Richard Bartlett, Professional Construction Consultants, LLC Agent for the Applicant Upon motion by Mrs. Brown, seconded by Mr. Vail, the application of STEVE BALLARD was APPROVED, AS CONDITIONED, subject to: 1. additional beach quality sand introduced within the marsh sill area to an elevation mean high water at the sill interface. Positive drainage must be maintained post backfill. Note and revise on Plan. 2. the height of the steel sheet pile portion of the project should be within an inch of mean high water. Amend sheet 4 of 8 accordingly 3. calling Waterfront Operations staff at for an on-site preconstruction meeting with the contractor, landowner and agent to address limits of the project, construction access, stockpile and staging area and in-kind replacement of upland vegetation to the greatest extent practicable 4. contacting the Development Services Center at regarding the need to submit a stormwater management plan given the approximate 18,180 square feet of land disturbance 6

7 STEVE BALLARD APPLICATION NO. VB W Page 2 VOTE: 5-0 Members Voting Aye: Molly P. Brown, Leonard A. Johnson, Patrick Shuler, Cindy Hawks White, James T. Vail Members Voting Nay: Members Absent: Nils S. Bahringer, Kenneth D. Jobe Members Abstaining Stephen B. Ballard, Jeffrey L. Marks 7

8 PEDRO BECERRA APPLICATION NO. VB W PROJECT: Construct a bulkhead involving wetlands PROJECT LOCATION: 308 Teal Crescent contiguous to Mill Creek and North Bay SPEAKERS: Richard Bartlett, Professional Construction Consultants, LLC Agent for the Applicant Pedro Becerra, Applicant Rick Scarper, Planning Department Justin Worrell, Virginia Marine Resource Commission Upon motion by Mrs. Brown, seconded by Mr. Vail, the application of PEDRO BECERRA was APPROVED, AS MODIFIED, subject to: 1. those portions of the shoreline where there are no visible references of the deteriorated bulkhead, the new bulkhead alignment shall be in-line with mean high water to the greatest extent practicable 2. all residual intertidal rubble/debris is to be removed and disposed of off-site and in a lawful manner 3. extending the proposed bulkhead to the western property line 4. pull back the entire bulkhead alignment within the property line limits 5. all residual intertidal rubble/debris and excavated material shall be removed and disposed of off-site and in a lawful manner 8

9 PEDRO BECERRA APPLICATION NO. VB W Page 2 VOTE: 5-1 Members Voting Aye: Molly P. Brown, Leonard A. Johnson, Patrick Shuler, Cindy Hawks White, James T. Vail Members Voting Nay: Stephen B. Ballard Members Absent: Nils S. Bahringer, Kenneth D. Jobe Members Abstaining Jeffrey L. Marks Mr. Marks left the meeting at 11:23 AM 9

10 JOHN BOWEN APPLICATION NO. VB W PROJECT: Create a living shoreline involving wetlands PROJECT LOCATION: 4405 Sheffield Drive contiguous to Western Branch of Lynnhaven River SPEAKERS: Richard Bartlett, Professional Construction Consultants, LLC Agent for the Applicant Meredith Malone, Lynnhaven River NOW Upon motion by Mrs. Brown, seconded by Ms. White, the application of JOHN BOWEN was APPROVED, AS MODIFIED, subject to: 1. consideration given to either the removal or substantial limbing-up of the pine and oak tree near the shoreline. Replacement would be in-kind and a minimum of 50 feet landward of the intertidal zone. 2. contacting the Development Services Center at regarding the need to submit a stormwater management plan given the approximate 7,507 square feet of land disturbance 3. installing a 16-inch or 18-inch coir log 10

11 JOHN BOWEN APPLICATION NO. VB W Page 2 VOTE: 6-0 Members Voting Aye: Stephen B. Ballard, Molly P. Brown, Leonard A. Johnson, Patrick Shuler, Cindy Hawks White, James T. Vail Members Voting Nay: Members Absent: Nils S. Bahringer, Kenneth D. Jobe, Jeffrey L. Marks Members Abstaining 11

12 MICHAEL A. and LINDA D. O CONNER SHOW CAUSE HEARING VIOLATION: Unauthorized installation of an on-grade deck, wood walkway, stone installation and timber retaining wall LOCATION: 2536 Bayview Avenue contiguous to the Chesapeake Bay SPEAKERS: Richard Bartlett, Professional Construction Consultants, LLC Agent for the Applicants Michael A. and Linda D. O Conner, Applicants Mrs. Brown requested the following findings be incorporated into her motion: 1. The testimony presented in this Hearing indicates the activity of MICHAEL A. and LINDA D. O CONNER at 2536 Bayview Avenue, which is the subject of the Show Cause action, constitutes a violation of the provisions of the Coastal Primary Sand Dune Zoning Ordinance. 2. Based on testimony of staff, the environmental impact to the Coastal Primary Sand Dune System is minimal and the relative degree of deviation or noncompliance is moderate. Accordingly, Mrs. Brown moved that a civil charge of $1,000 be imposed on MICHAEL A. and LINDA D. O CONNER pursuant to Section 1619(b) of the Coastal Primary Sand Dune Zoning Ordinance. This civil charge shall be paid by certified check or cashier s check, payable to the Treasurer of the City of Virginia Beach and delivered to the Office of the City Attorney no later than ten (10) days from November 17, 2014, together with an executed Memorandum of Agreement acknowledging the violation and consent to the imposition of a civil charge. Payment of this civil charge shall be in lieu of any civil penalty that may be imposed by the Circuit Court with respect to the violation which is the subject of this Show Cause and in addition to any cost of restoration that may be ordered by this Board. MICHAEL A. and LINDA D. O CONNER Mr. Vail left the meeting at 12:04 PM Mr. Ballard left the meeting at 1:07 PM 12

13 SHOW CAUSE HEARING Page 2 Ms. White seconded the motion. VOTE: 4-0 Members Voting Aye: Molly P. Brown, Leonard A. Johnson, Patrick Shuler, Cindy Hawks White Members Voting Nay: Members Absent: Nils S. Bahringer, Stephen B. Ballard, Kenneth D. Jobe, Jeffrey L. Marks, James T. Vail Members Abstaining MICHAEL A. and LINDA D. O CONNER 13

14 SHOW CAUSE HEARING Page 3 Ms. White moved that MICHAEL A. and LINDA D. O CONNER are hereby ordered to appear at a modification of a Restoration Hearing to be held on December 15, 2014 for entry and/or modification of a Restoration Order pursuant to Section 1615(d) of the Coastal Primary Sand Dune Zoning Ordinance. Failure to appear at the modification of a Restoration Hearing constitutes a separate violation. Mrs. Brown seconded the motion. VOTE: 3-1 Members Voting Aye: Molly P. Brown, Patrick Shuler, Cindy Hawks White Members Voting Nay: Leonard A. Johnson Members Absent: Nils S. Bahringer, Stephen B. Ballard, Kenneth D. Jobe, Jeffrey L. Marks, James T. Vail Members Abstaining KATHERINE J. DUTLINGER 14

15 SHOW CAUSE HEARING VIOLATION: Unauthorized installation of a timber retaining wall LOCATION: 2538 Bayview Avenue contiguous to the Chesapeake Bay SPEAKERS: Richard Bartlett, Professional Construction Consultants, LLC Agent for the Applicant Katherine J. Dutlinger, Applicant Ms. White requested the following findings be incorporated into her motion: 1. The testimony presented in this Hearing indicates the activity of KATHERINE J. DUTLINGER at 2538 Bayview Avenue, which is the subject of the Show Cause action, constitutes a violation of the provisions of the Coastal Primary Sand Dune Zoning Ordinance. 2. Based on testimony of staff, the environmental impact to the Coastal Primary Sand Dune System is minimal and the relative degree of deviation or noncompliance is moderate. Accordingly, Ms. White moved that a civil charge of $1,000 be imposed on KATHERINE J. DUTLINGER pursuant to Section 1619(b) of the Coastal Primary Sand Dune Zoning Ordinance. This civil charge shall be paid by certified check or cashier s check, payable to the Treasurer of the City of Virginia Beach and delivered to the Office of the City Attorney no later than ten (10) days from November 17, 2014, together with an executed Memorandum of Agreement acknowledging the violation and consent to the imposition of a civil charge. Payment of this civil charge shall be in lieu of any civil penalty that may be imposed by the Circuit Court with respect to the violation which is the subject of this Show Cause and in addition to any cost of restoration that may be ordered by this Board. KATHERINE J. DUTLINGER SHOW CAUSE HEARING Page 2 15

16 Mr. Johnson seconded the motion. VOTE: 4-0 Members Voting Aye: Molly P. Brown, Leonard A. Johnson, Patrick Shuler, Cindy Hawks White Members Voting Nay: Members Absent: Nils S. Bahringer, Stephen B. Ballard, Kenneth D. Jobe, Jeffrey L. Marks, James T. Vail Members Abstaining KATHERINE J. DUTLINGER SHOW CAUSE HEARING Page 3 16

17 Ms. White moved that KATHERINE J. DUTLINGER is hereby ordered to appear at a modification of a Restoration Hearing to be held on December 15, 2014 for entry and/or modification of a Restoration Order pursuant to Section 1615(d) of the Coastal Primary Sand Dune Zoning Ordinance. Failure to appear at the modification of a Restoration Hearing constitutes a separate violation. Mrs. Brown seconded the motion. VOTE: 3-1 Members Voting Aye: Molly P. Brown, Patrick Shuler, Cindy Hawks White Members Voting Nay: Leonard A. Johnson Members Absent: Nils S. Bahringer, Stephen B. Ballard, Kenneth D. Jobe, Jeffrey L. Marks, James T. Vail Members Abstaining At 1:18 PM, the November 17, 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 17

18 Planning Department. Gloria Winkler, MMC Senior Deputy City Clerk Patrick Shuler Chairman, Wetlands Board 18