WETLANDS BOARD. City of Virginia Beach. April 16, :00 AM. City Council Chamber. Jeffrey L. Marks, Chairman, Presiding

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1 WETLANDS BOARD City of Virginia Beach April 16, :00 AM City Council Chamber Jeffrey L. Marks, Chairman, Presiding

2 INDEX APPLICANT APPLICATION NUMBER PAGE WILLIAM FRENCH, JR. VB NVW 5 EVAN KALFUS VB NVW 6 RICHARD KRAMER VB NVW 7 JOHN DAVIS VB NVW 8 STEPHEN HALLIDAY and VB SD and 9-10 COWLES SPENCER LYNNHAVEN RIVER INVESTMENTS, LLC VB NW 11 MICHAEL A. and LINDA D. O CONNOR VB SD and MAYNARD LICHTY VB NW 14 JOHN T. FRANCAVILLA REVOCABLE TRUST 15 ANTHONY DISILEVSTRO S. BEACH, LLC 16 2

3 WETLANDS BOARD April 16, 2012 Members Present: Jeffrey L. Marks, Chairman Nils S. Bahringer Stephen B. Ballard Molly P. Brown Kenneth D. Jobe Leonard A. Johnson Richard Whittemore Member Absent:, Vice Chairman 3

4 WETLANDS BOARD VIRGINIA BEACH, VIRGINIA PUBLIC HEARING MINUTES The April 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 10:00AM, April 16, 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. Warren. Mr. Ballard read the Planning Department comments. 4

5 WILLIAM FRENCH, JR. APPLICATION NO NVW PROJECT: PROJECT LOCATION: Construct a riprap revetment involving wetlands 468 Goodspeed Road contiguous to Stratton s Creek Upon motion by Mr. Jobe, seconded by Mrs. Brown, the permit of WILLIAM FRENCH, JR. was EXTENDED for one year. VOTE: 7-0 Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, 5

6 EVAN KALFUS APPLICATION NO. VB NVW (At the February 20, 2012 Public Hearing, the Boar deferred this application to the April 16, 2012 Public Hearing.) PROJECT: PROJECT LOCATION: Construct a riprap revetment with a living shoreline involving wetlands 1021 Bobolink Drive contiguous to Linkhorn Bay Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of EVAN KALFUS was DEFERRED to the August 20, 2012 Public Hearing. VOTE: 7-0 Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, 6

7 RICHARD KRAMER APPLICATION NO. VB NVW PROJECT: PROJECT LOCATION: SPEAKER: Construct a riprap revetment involving wetlands 512 Croatan Road contiguous to Lake Wesley Richard Kramer, Applicant Upon motion by Mr. Bahringer, seconded by Mrs. Brown, the application of RICHARD KRAMER was DEFERRED to the June 18, 2012 Public Hearing. VOTE: 6-0 Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe Mr. Jobe abstained as he is a neighbor of Mr. Kramer s and this issue had previously been discussed with the Croatan Civic League. 7

8 JOHN DAVIS APPLICATION NO. VB NVW PROJECT: PROJECT LOCATION: SPEAKER: Construct a bulkhead involving wetlands 2405 Broad Bay Road contiguous to the Broad Bay Christopher Flint, Flint Construction Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of JOHN DAVIS was APPROVED AS SUBMITTED. VOTE: 7-0 Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, 8

9 STEPHEN D. HALLIDAY and COWLES M. SPENCER APPLICATION NO. VB SD and PROJECT: PROJECT LOCATION: SPEAKER: Construct a bulkhead with walkway and steps involving a coastal primary sand dune/beach 4926 Lauderdale Avenue contiguous to the Chesapeake Bay Douglas E. Kahle, Wolcott, Rivers, Gates Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the Restoration Plan for STEPHEN D. HALLIDAY and COWLES M. SPENCER was approved as presented subject to the following conditions: 1. post installation of the new bulkhead, restore dune contour elevations to pre-grade elevations and sprig with American Beachgrass twelve (12) inch on center beginning at the ten (10)-foot contour proceed landward to the new bulkhead 2. obtaining encroachment approval from City Council 3. completing the restoration no later than August 1, 2012 VOTE: 7-0 9

10 STEPHEN D. HALLIDAY and COWLES M. SPENCER APPLICATION NO. VB SD and Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, 10

11 LYNNHAVEN RIVER INVESTMENTS, LLC APPLICATION NO. VB NW PROJECT: PROJECT LOCATION: SPEAKER: Construct a riprap revetment and timber wharf involving wetlands 2149 Vista Circle contiguous to the Eastern Branch of the Lynnhaven River Richard Bartlett Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of LYNNHAVEN RIVER INVESTMENTS, LLC was APPROVED, AS SUBMITTED. VOTE: 7-0 Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe,. 11

12 MICHAEL A. and LINDA D. O CONNOR APPLICATION NO. VB SD and And KATHERINE J. DUTLINGER PROJECT: PROJECT LOCATION: SPEAKER: Construct a bulkhead, deck, walkway and steps involving a coastal primary sand dune/beach 2536 and 2538 Bayview Avenue contiguous to the Chesapeake Bay Richard Bartlett Upon motion by Mr. Jobe, seconded by Mrs. Brown, the Restoration Plan for MICHAEL A. and LINDA O CONNOR was approved as presented subject to the following modifications: 1. post installation of the new bulkhead, restore dune contour elevations to pre-grade elevations and sprig with American Beachgrass twelve (12) inch on center beginning at the ten (10)-foot contour proceed landward to the new bulkhead 2. removal of the unauthorized off-site walkway within Bayview and Ocean View Avenues 3. the engineer of record shall certify that the subject bulkhead design is at least equivalent to or better than the City of Virginia Beach standard Wakefield Design 4. obtaining encroachment approval from City Council 5. relocating the walkway and steps to center of property 6. completing restoration no later than August 1,

13 MICHAEL A. and LINDA D. O CONNOR APPLICATION NO. VB SD and KATHERINE J. DUTLINGER Page 2 VOTE: 7-0 Nils S. Bahringer, Molly P. Brown, Kenneth D. Jobe, Stephen B. Ballard Mr. Ballard abstained as Mr. O Conner s masonry company does work for Mr. Ballard s company. 13

14 MAYNARD LICHTY APPLICATION NO. VB NW PROJECT: PROJECT LOCATION: SPEAKER: Construct a boat ramp involving wetlands 301 Back Bay Crescent contiguous to Back Bay David Kledzik Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the application of MAYNARD LICHTY was APPROVED AS SUBMITTED. VOTE: 7-0 Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, 14

15 JOHN T. FRANCAVILLA REVOCABLE TRUST (At the February 20, 2012 Show Cause Hearing, the Board determined that John T. Francavilla revocable Trust was in violation, levied a $1,500 civil charge and ordered him to appear at a Restoration Hearing on April 16, 2012.) VIOLATION: LOCATION: SPEAKER: Unauthorized sand grading involving a coastal primary sand dune At and adjacent to 4312 Sandy Bay Drive Wayne McCoy Agent for the Applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the existing on-site restoration plan was approved and it was determined that no further action was required. VOTE: 7-0 Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, 15

16 ANTHONY DISILEVSTRO S. BEACH, LLC (At the February 20, 2012 Show Cause Hearing, the Board determined that Anthony Disilevstro S. Beach, LLC was in violation, levied a $2,000 civil charge and ordered him to appear at a Restoration Hearing on April 16, 2012.) VIOLATION: LOCATION: SPEAKER: The unauthorized grading, filling and dumping of concrete rubble on a coastal primary sand dune 2304 Sandfiddler Road contiguous to the Atlantic Ocean Robert E. Simon, Waterfont Consulting Agent for the applicant Upon motion by Mr. Jobe, seconded by Mrs. Brown, the Restoration Plan submitted by ANTHONY DISILEVSTRO S. BEACH, LLC was incorporated into and became a part of the Virginia Beach Wetlands Board s Restoration Order, subject to the following conditions: 1. restoring the site in accordance with the approved Joint Permit Application drawings 2. re-establishing grade contour elevations to predisturbed grades and stabilizing with American Beachgrass, 12-inch on center is to occur immediately following completion of the bulkhead project no later than June 1,

17 ANTHONY DISILEVSTRO S. BEACH, LLC Page 2 VOTE: 7-0 Nils S. Bahringer, Stephen B. Ballard, Molly P. Brown, Kenneth D. Jobe, 17

18 At 12:03 PM, the April 16, 2012 Public Hearing of the Virginia Beach Wetlands Board was adjourned by Chairman Marks. The comments of the 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 18