Wetlands Board Packets

SUFFOLK WETLANDS BOARD AGENDA FOR May 23, 2013 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING THE REGULAR MEETING WILL BE HELD AT 6:00 P.M. IN THE SUFFOLK CITY COUNCIL CONFERENCE ROOM IN THE SUFFOLK MUNICIPAL BUILDING PLEASE CALL TO CONFIRM YOUR ATTENDANCE THE PLANNING DEPARTMENT AT 514-4060 PRIOR TO 12:00 NOON ON WEDNESDAY, May 22, 2013 C. ROBERT JOHNSON CHAIRMAN  AGENDA SUFFOLK WETLANDS BOARD May 23, 2013 6:00 P.M. I. Call to Order II. Roll Call III. Approval of Minutes Work Session – April 18, 2013 IV. Wetlands Board Work Session Progress report on VMRC #12-1348 – Living Shoreline V. Discussion VI. New Business Revised Wetlands Board Bylaws Shoreline Best Management Practices eLearning Course VII. Old Business VIII. Adjournment  MINUTES SUFFOLK WETLANDS BOARD - WORKSESSION April 18, 2013 6:00 P.M. The work session of the Suffolk Wetlands Board was held on Thursday, April 18, 2013, at 6:00 p.m., in the City Council Conference Room of the Municipal Building, 441 Market Street, Suffolk, Virginia, with the following persons present: MEMBERS PRESENT: STAFF: C. Robbie Johnson, Chairman Brian Alperin, Principal Planner Geoffrey Hinshelwood David Parks, Planner II Darius Davenport Steven Barnum Sidney Hazelwood, II ROLL CALL: The meeting was called to order by Chairman Johnson. The roll was called by Mr. Alperin and the Chairman was informed that a quorum was present. APPROVAL OF THE MINUTES: A motion was made to approve the minutes of the previous meetings that were held on October 18, 2012 and February 21, 2013. Mr. Johnson informed staff of a minor change to make to the minutes. The motion was passed by a voice vote 5 to 0. 1 WORK SESSION Progress Report on VMRC #12-1348 – River Bluff Living Shoreline Brian Alperin, Principal Planner, welcomed everybody to the work session and stated that the purpose of this work session was to track the ongoing process of the living shoreline construction within the River Bluff subdivision. Mr. Alperin presented to the board a report that submitted by Brian Large which described the progress of the project up to this point. As of April most of Zone 1 of the shoreline has been completed with regards to bank modification and the sprigging of wetland grasses. The only remaining issues in zone 1 are the installation of additional upland vegetation within the 100-foot Resource Protection Area buffer. Mr. Alperin then explained that zone 2, 3, and 4 have been graded and the applicant is currently preparing to sod the banks in these zones to stabilize the area. Mr. Alperin pointed out that before any upland vegetation can be installed within zones 2, 3, 4, and 5 the applicant will have to call our department for a site visit to ensure that all vegetation has been installed in zone 1 as shown on the approved buffer restoration plan. The coir logs and the sand fill have also been installed along these zones to establish the areas for the sprigging of the wetland grasses. The report states that zones 2 and 3 will be sprigged by the end of April and zones 4 and 5 will completed by the first week in May. Mr. Alperin 2 informed the board that the company that is providing the Bermuda sod has not been able to cut the sod due to the cooler spring weather and also with all the rain that we have had. The sodding of the banks has been delayed due to this. Staff is in constant contact with the applicants to make sure that as soon as the sod becomes available it will be installed along the rest of the bank in zones 2 through 5. The report explained that they have been working with staff to make sure all vegetation has been installed as required by the buffer restoration plan and after each zone is complete the applicant will provide an as-built survey of the project once it is completed. Mr. Alperin then showed the board members pictures from a recent site visit. These pictures showed the upland vegetation within zone 1 and the continuing bank grading within zones 2 through 5. The pictures also showed the installation of wetland grasses along the bank within zone 1. Mr. Alperin explained to the board that we visit the site at least once a week to ensure compliance with the wetland permit. That was the end of the progress report on the living shoreline project. The board members stated that they had a few questions and comments about the project. Chairman Johnson stated that he thought that the project as a whole was supposed to be completed in phases or zones. He was concerned that the applicant is getting away from this approach and this could cause additional sediment to fall into the river with the large parts of the bank being left open 3 and not sodded. Mr. Johnson stated that we need to tell the applicant to go back to the zone by zone approach on the project. This will make it easier to manage and also to enforce. Chairman Johnson also had concerns about the sprigging of wetland grasses in regards to the time frame. The concern was that all the grasses need to be sprigged before the weather gets too warm so they have the best chance for survival. The question was asked about a cut off time and whether we can require the applicant to stop sprigging and wait until the fall growing season to complete the installation of wetland grasses. Mr. Alperin informed the board that he was unsure if we could stop the applicant from completing the project based on the weather. The applicant has the right to continue planting into the summer months to finish the project and any plants that do not survive will be required to be replaced on the applicant’s behalf. Mr. Hinshelwood expressed concern over water quality. He asked staff if we have heard anything from Public Works regarding water quality in this area since the banks have been graded. There are portions of the banks that have been graded but have not been sodded and those portions could have a great amount of sediment that could make its way into the river during storm events. Mr. Alperin stated that we have not received any reports from Public Works regarding water quality, but we would get in touch with them and see if they had done any testing out there recently. Mr. Davenport asked staff 4 if all of the past violations with this project have been addressed and corrected and also if any further action was going to be taken against the developer. Mr. Alperin explained that the two notices of violations and stop work orders that were issued have been addressed with the revisions of the buffer restoration plans. No further action will be taken against the developer because the developer has been willing to work with staff and has taken measures to correct the problems and install additional vegetation as required by the City. Mr. Hazelwood addressed the board and asked if the main concern now was the installation of the wetland grasses or the installation of all vegetation within the project. The board responded that the main concern was the survival of the wetland grasses and the time of installation with the weather. All wetland grasses need to be sprigged no later than May to have the best chance for survival during the summer. Mr. Hinshelwood asked staff if approved permits are posted anywhere on site or in the paper for the public to see. Mr. Alperin stated that only notices go out to the public prior to projects being approved. Once a project is approved the applicant receives the permit and a copy is saved in the file. The applicant is informed of the conditions contained within the permit and staff enforces those conditions by conducting site visits during construction of the project and also after completion of the project. Mr. Alperin then explained that we will meet again 5 next month to discuss further progress at the site. NEW BUSINESS Chairman Johnson asked staff if there could be a public comment period added to the wetlands board agenda during public hearings to give any attending public citizen a time to speak if they would like to. Mr. Alperin said that we would add this to the agenda whenever we have a public hearing. Mr. Alperin addressed the board and asked if they had a chance to review the changes the bylaws. Mr. Davenport had a few revisions to the bylaws. Mr. Alperin noted the revisions and the board approved the revised bylaws with the revisions by a vote of 5 to 0. Mr. Alperin informed the board that there was a tidal wetlands workshop on April 25th at VIMS and encouraged board members to attend. Mr. Barnum stated that he would like to attend the workshop. Mr. Davenport asked staff to send any presentation or documents from the workshop to him by email. OLD BUSINESS Chairman Johnson addressed the board members and apologized for the last minute cancellation of last month’s meeting. Mr. Alperin also addressed the board to inform them that no compensation was available to the board members for last month’s meeting since no meeting was held. Chairman Johnson asked staff to continue to look 6 into the possibility of providing mileage sheets for the board members. There being no further business, the meeting was adjourned at 7:30 p.m. 7 Week of May 13, 2013 River Bluff Shoreline weekly report. We have graded the shoreline to around zone 5. All of the shoreline has been matted for stabilization. We have started installing the grasses in zone 2. Zone 1 should be completed this week. All of the under story trees and the wax myrtles will be installed in zone 1 by the end of this week. We are also installing zone 2 under story trees and the balance of the large canopy trees this week. We will be installing the topsoil along zones 2-4 at the end of this week in preparation for the Bermuda sod installation starting Monday May 20th. We are installing an irrigation system at the top of bank that will water all of the sod by the end of this week. Thanks Bobby Reed 757-675-4132  BYLAWS SUFFOLK WETLANDS BOARD ARTICLE I – The Wetlands Board SECTION 1. Name of Wetlands Board – The official name of the Wetlands Boards shall be the Suffolk Wetlands Board, hereinafter “Wetlands Board.” The Suffolk Wetlands Board is established by the Code of the City of Suffolk. ARTICLE II- Members, Officers and Duties SECTION 1. Duties- the Suffolk Wetlands Board shall exercise all of the powers of a Wetlands Board as set forth in the Code of the City of Suffolk and as provided by state law. SECTION 2. Members / Election of Officers – The Board shall consist of seven residents of the City of Suffolk, appointed by the Suffolk City Council, plus at least one (1) but not more than three (3) alternate members, also appointed by the Suffolk City Council. The qualifications, terms, and compensation of alternate members shall be the same as those of members. Members’ terms shall be for five (5) years. Members may serve successive terms. Annually, at the regular meeting of the Wetlands Board held in the month of July, the Wetlands Board shall elect a Chairman, a Vice-Chairman, and shall appoint a Secretary who shall be a member of City staff. The officers may succeed themselves. The terms of office for each officer shall begin with the regular July meeting and shall be for a term of one (1) year. Members shall be notified in writing of the date, time, and place of the election of officers at least fifteen (15) days prior to the regular March meeting. Each officer shall serve until relieved of his duties as herein provided. 1 SECTION 3. Chairman – The Chairman shall preside at all meetings of the Wetlands Board and at other meetings and public hearings called by the Wetlands Board. The Chairman shall call a special meeting of the Wetlands Board when required, and shall transmit reports, plans and recommendations of the Wetlands Board to the appropriate governing authority, and, in general, shall act as spokesman for the Wetlands Board. SECTION 4. Vice-Chairman – The Vice-Chairman shall serve as Chairman in the absence or the disability of the Chairman. In the event of the death or resignation of the Chairman, the Vice-Chairman shall perform the Chairman’s duties until such time as the Board shall elect a new Chairman. SECTION 5. Secretary – The Secretary shall assist the Chairman in the preparation of the agenda for the Wetlands Board meetings, shall prepare and send out notice for regular and special meetings, shall prepare and distribute minutes of Board meetings, and shall establish and maintain the Board’s files. SECTION 6. Additional Duties – The Chairman, Vice-Chairman and Secretary shall perform such other duties and functions as may from time to time be required by the Board or by its Bylaws. ARTICLE III – Meetings SECTION 1. Regular Meetings – Regular meetings of the Wetlands Board shall be held on the third Thursday of each month at 6:00 p.m. (amended April 20, 2000) in the Municipal Building, provided that if this should be a legal holiday the meeting shall be held at the same time and place on the first succeeding day not a holiday. Each member shall be notified of each regular 2 meeting at least five (5) days prior to the meeting, via a written agenda, prepared by the Secretary to the Wetlands Board. SECTION 2. Special Meetings – Special meetings of the Wetlands Board may be called at any time by the Chairman or by two members upon written request to the Secretary. The Secretary shall mail to all members, at least five (5) days in advance of a special meeting, a written notice fixing the time and place of the meeting and the purpose thereof. Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting,or if all members are present at the special meeting or file a written waiver of notice. SECTION 3. Cancellation – Whenever there is no business for the Wetlands Board, the Chairman may dispense with regular meeting by giving notice to all members at least two (2) days prior to the time set for the meeting. SECTION 4. Quorum/Required Number of Affirmative Votes – A quorum shall be not less than four members of the Board. If an application receives less than four affirmative votes from the Board, the permit shall be denied. SECTION 5. Order of Business – The order of business at regular meetings shall be as follows: (1) Call to order and roll call; (2) Approval of minutes of previous meeting; (3) Public Hearings; (4) Old Business; (5) New Business; (6) Adjournment. SECTION 6. Meetings and Records Open – All meetings of the Wetlands Board at which official action is taken shall be open to the public and all records of the Wetlands Board shall be public record. 3 SECTION 7. Conduct of Members/Attendance at Meetings -Members of the Board are expected to attend all meetings. Whenever any member missed four (4) meetings within any twelve (12) month period, without good cause shown, the Chairman shall report this information to the appropriate City Council member with a recommendation for retention or removal of said member of the Board. Should that Council member fail to respond within 90 days, the Chairman shall submit its recommendation to the full Council. When making such recommendation, the Chairman shall consider not only the reasons for the absence of the members, but also any deleterious affect said absence may have upon the Board as a whole. ARTICLE IV- Rules of Order SECTION 1. Parliamentary Procedures- The Wetlands Board and its proceedings shall be governed by the latest edition of Robert’s Rules of Order, Newly Revised. ARTICLE V – Planning Staff The Planning staff assigned to the Wetlands Board shall be encouraged to advise, upon request, all members regarding the technical aspects of matters before the Board. Consultation between the staff and citizens who are interested in wetlands questions shall also be encouraged. The Chairman may request the planning staff to prepare and present special reports as the need arises. ARTICLE VI – Amendments These Bylaws may, within the limits set by law, be amended at any regular meeting of the Wetlands Board by an affirmative vote of not less than four members present and voting, provided that such amendment shall have first been presented to all members in writing at least five (5) days prior to the meeting at which the vote is taken. 4  ________________________________ Chairman _________________________________ Secretary Amended: April 18, 2013 5