Wetlands Board Agendas & Minutes

1 AT A PUBLIC HEARING AND REGULAR MEETING OF THE WETLANDS BOARD OF THE CITY 2 OF HAMPTON, VIRGINIA, HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, 22 3 LINCOLN STREET, 8T" FLOOR, AT 5: 00 P. M. ON TUESDAY, APRIL 26, 2016 4 5 ITEM I. CALL TO ORDER 6 7 The meeting was called to order at 5: 00 p.m. by Chairman Wood. 8 9 ITEM II. ROLL CALL 10 11 Board Members present and seated were: Mr. Troy Thompson, Mr. Arne Hasselquist, 12 Ms. Leigh Chapman, Vice -Chairman Gayle Cozzens, Ms. Carole Garrison ( Alternate), 13 and Chairman William Wood. Ms. Laura Burbage and Mr. Jeff Amick (Alternate) were 14 absent ( Prior to the meeting, Mr. David Bruckheimer had submitted his letter of 15 resignation effective April 1, 2016). Also present were Ms. Veronica Meade, Deputy 16 City Attorney, Mr. David Imburgia,Environmental & Sustainability Manager, Ms. 17 Dorinda Weeks, Recording Secretary, and Mr. Madden of the Virginia Marine 18 Resources Commission ( VMRC). 19 20 ITEM III. CONSIDERATION OF MINUTES 21 Vice -Chair Cozzens moved to approve the March 22, 2016 minutes as written. Mr. 22 Thompson seconded the motion. A roll call vote on the motion resulted as follows: 23 24 AYES: Thompson, Chapman, Cozzens, Garrison, Wood 25 NAYS: None 26 ABSTAIN: Hasselquist 27 ABSENT: Burbage, Amick 28 29 ITEM IV. PUBLIC HEARING JPA 2016 -0239, JAMES & SALLIE PUFFENBERGER, 1 BOXWOOD 30 POINT ROAD, LRSN 12000590, RIPRAP REVETMENT 31 Mr. Imburgia presented JPA 2016 -0239 to the Board: The applicant proposes to install 32 an approximately 10 linear -feet section of revetment over a derelict boat ramp at a 33 single family residential property along the shoreline of the Hampton River. The section 34 of revetment will connect existing revetment on either side of the boat ramp. 35 Additionally, maintenance of the existing revetment will occur, replacing riprap in the 36 vicinity of the existing pier; a permit is not required for maintenance. To avoid 37 additional impacts, construction will be by hand and barge. 38 39 The proposed 10 linear feet of revetment will result in a loss of 100 square feet of non - 40 vegetated tidal wetlands. 41 42 Staff recommends the Board consider the existing boat ramp is a failed structure; 43 active mild to moderate erosion is evident. 44 45 The Virginia Institute of Marine Science ( VIMS) report recommends marsh planting for 46 shoreline erosion control, minimizing the waterfront rear lawn, and reducing routine 47 mowing in the riparian buffer to prevent damage of the revetment, any structure, or 48 living shoreline. April 26, 2016 Minutes - 1  1 According to VMRC' s Wetlands Guidelines, sloped revetments are preferred over 2 vertical bulkheads. 3 4 Staff advised the applicant of the requirement to compensate for tidal wetlands loss. 5 The Wetlands Board' s Mitigation- Compensation Policy requires compensatory 6 mitigation in order to achieve no net loss of existing wetlands acreage and function. If 7 the in -lieu fee fund option is utilized, the fee should be $ 2, 000 ( 100 square feet lost x 8 1. 25 x $ 16. 00 /square foot). 9 10 The applicant, Mr. Puffenberger, is concerned with wash of land and needed 11 clarification if this job is considered maintenance. He was not in agreement with the 12 compensatory mitigation and inquired if the fee could be reduced. 13 14 Vice Chair Wood explained: 15 It is considered maintenance under the pier where it is failing; 16 The compensatory mitigation is established before coming before the 17 Wetlands Board and ( the number of square feet lost x 1. 25 x $ 16. 00 /square 18 foot) is the formula used to determine the fee; and 19 The City of Hampton and the Wetlands Board are held accountable for every 20 square foot of loss, and it has to be replaced so that a net loss does not occur. 21 22 Mr. Imburgia clarified the calculated lost area. 23 24 Mr. Puffenberger communicated that the south side has filter cloth; however, the area 25 underneath the pier does not. 26 27 Mr. Madden, VMRC, explained the 10 -day appeal period according to the Code of 28 Virginia. 29 30 After discussion of no permit required for maintenance under the pier, maintenance 31 stability, the calculated lost area, and the option to change the size of the revetment 32 with a permit modification, Mr. Puffenberger decided to move forward with his 33 application as submitted. 34 35 Mr. Puffenberger was advised that he has 10 days to appeal. 36 37 Ms. Chapman motioned to approve JPA 2016 -0239 as presented with the ten 38 recommendations proposed by staff. Mr. Hasselquist seconded the motion. A roll call 39 vote on the motion resulted as follows: 40 41 AYES: Thompson, Hasselquist, Chapman, Cozzens, Garrison, Wood 42 NAYS: None 43 ABSTAIN: None 44 ABSENT: Burbage, Amick 45 46 The permit was granted with the ten conditions. 47 48 ITEM Va. MATTERS BY STAFF - In -Lieu Fee Fund April 26, 2016 Minutes - 2  1 Mr. Imburgia presented an update to the Board of the current In -Lieu Fee Fund 2 balance: $ 48, 405. 00. 3 4 ITEM Vb. MATTERS BY STAFF - JPAs Processed Since July 1, 2015 5 There were twenty -two (22) No Permit Necessary letters issued since July 1, 2015. 6 7 Two Joint Permit Applications are in review: 8 JPA 2016 -0239, 1 Boxwood Point Road, riprap revetment. 9 JPA 2016 -0585, Freeman Drive, road re- alignment. 10 One Joint Permit Application has been granted. 11 JPA 2015 -1841, 4408 Chesapeake Avenue, riprap revetment and groin. 12 One Joint Permit Application has been denied. 13 JPA 2015 -1 1 1 9 , Karl Schmidt, 1 1 1 Alamo Court, bulkhead and pier. 14 15 ITEM Vc. MATTERS BY STAFF - Updates from Staff 16 The Phoebus living shoreline is a maintenance project to correct deficiencies with the 17 installation, and sand will be added to re- establish the profile. VIMS will be assisting the 18 volunteers with the plantings, and the Board would like to be notified of the progress 19 of this project. 20 21 ITEM VI. MATTERS BY THE PUBLIC 22 No matters presented by the public. 23 24 ITEM VII. MATTERS BY THE BOARD 25 Andrew Griffey will be the primary coordinator for the Wetlands Board. 26 David Bruckheimer has given his resignation. 27 The permitted project at the end of Boxwood Street is not showing any planting 28 progress. Mr. Imburgia will request an inspection on this project. An update will 29 be given at the next meeting. 30 Reminder that the VIMS Tidal Wetlands Workshop is on May 5, 1016. 31 32 ITEM VIII. ADJOURNMENT 33 34 The meeting was adjourned by the Chairman at 6: 00 p. m. 35 36 Respectfully Submitted, APPROVED BY: 37 38 39 40 David Imburgia, William Wood, Chairman 41 Environmental & Sustainability Manager Hampton Wetlands Board 42 43 44 45 46 47 48 April 26, 2016 Minutes - 3