Wetlands Board Packets

SUFFOLK WETLANDS BOARD AGENDA FOR MARCH 17, 2016 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING A MEETING WILL BE HELD AT 6:00 P.M. IN THE SUFFOLK CITY COUNCIL CHAMBERS IN SUFFOLK CITY HALL PLEASE CALL TO CONFIRM YOUR ATTENDANCE THE PLANNING DEPARTMENT AT 514-4060 PRIOR TO 12:00 NOON ON WEDNESDAY, MARCH 16, 2016 GEOFFREY HINSHELWOOD CHAIRMAN  AGENDA SUFFOLK WETLANDS BOARD March 17, 2016 6:00 P.M. I. Call to Order II. Roll Call III. Approval of Minutes  February 18, 2016 IV. Public Hearings –  VMRC#15-1716, submitted by Richard Bartlett of Professional Construction Consultants, LLC, applicant, on behalf of Patrick Bryant, property owner, for the installation of a 144 linear foot bulkhead, a 50-foot open-pile pier with a 12- foot by 23-foot L-head and a 5-foot by 28-foot finger pier, 16-foot by 28-foot boathouse with boatlift, and 2 watercraft lifts. The project is located at 214 Water Pointe Way along the Nansemond River V. Restoration Hearings – None VI. Permit Extensions – None VII. Old Business – None VIII. New Business  VIMS May Tidal Wetlands Workshop IX. Compliance and Inspections – None X. Adjournment  MINUTES SUFFOLK WETLANDS BOARD – WORK SESSION February 18, 2016 6:00 P.M. The work session of the Suffolk Wetlands Board was held on Thursday, February 18, 2016, at 6:00 p.m., in the City Council Conference Room of the City Hall Building, 442 West Washington Street, Suffolk, Virginia. MEMBERS: STAFF: Geoffrey Hinshelwood Karla Williams, Associate City Attorney Sidney Hazelwood Scott Mills, Interim Deputy City Manager Darius Davenport Robert Goumas, Director of Planning & Steven Barnum Community Development Jeffrey Colley David Parks, Principal Planner Richard Vroman Amanda Beck, Planner II C. Robbie Johnson Brad L. O’Berry ROLL CALL: The meeting was called to order by Chairman Hinshelwood. The roll was then called by Mr. Parks and the Chairman was informed that a quorum was present. APPROVAL OF THE MINUTES: Mr. O’Berry pointed out a correction to the November 2015 minutes on Page 1, in which it stated President and Vice-President, but it should be Chairman and Vice- Chairman. The minutes were then approved as corrected. A motion was made to approve the minutes of the January 2016 meeting as distributed 1 which was passed by a voice vote 7 to 0. NEW BUSINESS: CBPA Regulations and Development Procedures David Parks, Principal Planner, gave a presentation on the CBPA Regulations and Development Procedures in City of Suffolk. VMRC Living Shoreline General Permit Process Rachel Maulorico, VMRC, gave a presentation on the VMRC Living Shoreline General Permit Process. VMRC #12-1348 - River Bluff Living Shoreline Final Debriefing Scott Mills, Interim Deputy City Manager, gave a brief presentation on the River Bluff Living Shoreline and showed some before and after pictures of the site. Freedom of Information Act Karla Williams, Associate City Attorney, showed a video on the Freedom of Information Act. Upcoming VIMS Trainings Amanda Beck, Planner II, advised the Board members of various upcoming trainings, including the Annual VIMS Wetlands Workshop which will be held on May 5th. 2 ADJOURNMENT: There being no further business before the Board, the meeting was adjourned. 3  STAFF REPORT DESCRIPTION PROPOSED PROJECT: VMRC#15-1716, to install 124 linear foot bulkhead, a 50-foot open- pile pier with a 12-foot by 27-foot L-head and a 5-foot by 27-foot finger pier, 16-foot by 28-foot boathouse with 12,500 pound boatlift, an additional boatlift, and 2 watercraft lifts. APPLICANT: Submitted by Richard Bartlett of Professional Construction Consultants, LLC, applicant, on behalf of Patrick Bryant, property owner. LOCATION: The property is located at 214 Water Pointe Way along the Nansemond River. PERMIT HISTORY: There have been two previous permits for this property. In 2006 VMRC#06-2088 was filed to dredge the boat basin for access to an existing boathouse on an abutting parcel so that the boathouse was not dry during low tide. During a site visit it was determined the owner was in violation of Section 28.2-1317 of the Code of Virginia and Section 31-418 of the City of Suffolk Unified Development Ordinance. The permit was placed on hold until the owner submitted an after-the-fact permit for a wooden deck/wharf pier. In 2007 VMRC#07-2579 was filed to dredge 284 cubic yards of the access channel adjacent to the property to a maximum depth of -3.0 feet below Mean Low Water, to repair 60 linear feet of an existing bulkhead, to install 80 linear feet of new bulkhead, and after-the-fact permitting of the 5- foot by 60-foot wharf pier. The application was never approved due to a boundary line dispute with an abutting neighbor, regarding the existing boathouse. VIMS REPORT: A VIMS report for this property was completed and submitted to the City of Suffolk Wetlands Board on February 27, 2008, which accompanied VMRC#07-2579. There are no other VIMS reports for this property. STAFF ANALYSIS ISSUE This property consists of a detached single-family dwelling located within the River Wood subdivision, and the affected property is located on the tidal waters of the Nansemond River. There is approximately 170 linear feet of shoreline along the property. The existing bulkhead is starting to fail and erosion behind the bulkhead was evident during a site visit to inspect the proposed project. Currently, the shoreline is defined by an existing bulkhead, wharf pier, and vegetated uplands. As the wharf pier was never approved through the previous permits submitted for this site, it will need to be addressed with this permit. The majority of vegetation is turf, some mature saltbush, and woody vines. The applicant is requesting to install a 124 linear foot bulkhead, a 50-foot open-pile pier with a 12-foot by 27-foot L-head and a 5-foot by 27-foot finger pier, 16-foot by 28-foot boathouse with 12,500 pound boatlift, an additional boatlift, and 2 watercraft lifts. The pier structure is outside of the Wetlands Board jurisdiction and therefore will be permitted by the VMRC. Staff is currently working with the applicant and the owner on a buffer restoration plan which will include installation of various kinds of vegetation, to include shrubs and trees. This plan is Wetlands Board March 17, 2016 VMRC#15-1716 Page 2 of 4 required because the new bulkhead and riprap will disturb area within the 100-foot Resource Protection Area Buffer. Staff will review the buffer restoration plan to ensure proper mitigation of the 100-foot Resource Protection Area Buffer of the Chesapeake Bay Preservation Area, as well as ensuring consistency with the Riparian Buffers Modification and Mitigation Manual. CONSIDERATIONS AND CONCLUSIONS 1. The Center for Coastal Resources Management notes that this section of bank along the Nansemond River is stable, and it is important to note this is likely due to the presence of bulkhead along the properties of the River Wood subdivision extending northward roughly 600 linear feet and terminating at a Big Cordgrass marsh. The applicant’s request to repair 124 linear feet of the existing bulkhead will maintain this bank stability. 2. The applicant is proposing 2 separate cross sectional designs to address the different embankment heights that exist along the shoreline. 3. Projected Impacts: a. Rip Rap – The applicant is proposing to install 37 linear feet of riprap directly adjacent to an existing boathouse that is in disrepair. A minimum cut of one foot to stabilize the toe of the riprap is required, with a slope of 1:1.5 which is roughly in keeping with the shoreline on that portion of the property. The application indicates that there will be a total of 111 square feet of impact in the CBPA Resource Protection Area, requiring mitigation in line with the Riparian Buffers Manual. The applicant has proposed to restore the buffer area with 800 square feet of new vegetation. This mitigation plan will be reviewed by city staff administratively. b. Bulkhead – Installation of 124 linear foot bulkhead, including replacing existing bulkhead, will have minimal impact on subaqueous lands along sections B-E, and will be in-line from sections E-I, with construction occurring in non-vegetated wetlands along sections F-H. Sections A-B of the project will have a minimal impact to non-tidal vegetated wetlands, and to offset construction effects the applicant is proposing to remove 80 square feet of the existing marginal wharf so that wetlands plants may be reestablish along this portion of the property. c. Open-pile Pier – Construction of the open-pile pier proposes to take access directly from the existing wharf pier, and construction will occur over non- vegetated wetlands within the Nansemond River, therefore there will be no wetland vegetation impacted by the pier. This action is exempt from the Wetlands Board’s action. d. Boat Lift and Boathouse – The proposed boathouse will be built upon non- vegetated wetlands within the Nansemond River and there should be no impact. The boat lifts should have no impact to the wetlands on this site as the piles will be installed on non-vegetated wetlands. This action is exempt from the Wetlands Board’s action. Wetlands Board March 17, 2016 VMRC#15-1716 Page 3 of 4 e. Additional Watercraft Lifts – Similar to the boat lifts the two proposed watercraft lifts should have no adverse impact. There will be no wetland vegetation impacted by the construction. This action is exempt from the Wetlands Board’s action. f. Marginal Wharf – The applicant is proposing to remove 80 square feet of the existing marginal wharf to allow upland wetland vegetation to reclaim this section of the property. The remaining portion of the marginal wharf is within the Chesapeake Bay Preservation Area Resource Protection Area Buffer, and is being mitigated through a buffer restoration plan which staff will review administratively. 4. The previous VIMS report that was submitted in 2008 addressed the replacement of the existing bulkhead, dredging 284 cubic yards of the access channel adjacent to the property, and an after-the-fact permit for the wharf pier: a. Replace Existing Bulkhead – The report stated the installation of 80 linear feet of new bulkhead in addition to the existing bulkhead was appropriate for this site. b. Dredging – VMRC#07-2579 proposed dredging 284 cubic yards of the access channel adjacent to the property, part of which would include dredging the existing boat slip. VIMS concluded that the boat slip is subtidal and only a small portion of non-vegetated wetlands would be impacted, therefore they were approved due to minimal effects on wetlands. 5. Due to the impacts within the Resource Protection Area of the Chesapeake Bay Preservation Area Overlay District the applicant will be required to submit a buffer restoration plan in accordance with Unified Development Ordinance Section 31- 415(d)(1)(D), Buffer Area Requirements. The applicant will be required to show the restoration of impacted areas due to the construction of the wharf pier and wooden walkway up to the principal dwelling. The applicant will also be responsible for restoration of any trees that are impacted by this shoreline project. This application proposes removing 80 square feet of the marginal wharf; therefore there will be no impact to the woody groundcover along the bank on the southeastern lot line. The applicant is proposing that 924 square feet of impact will occur in the RPA Buffer, to be restored by 800 square feet of vegetation such as understory trees, shrubs, and woody groundcover. The applicant is currently working with staff to complete the restoration plan that will address impacted areas within the 100-foot RPA Buffer. Obtaining a building permit will be conditional of staff approval of the buffer restoration plan first. 6. This shoreline project will be required to obtain a land disturbance permit through the Department of Public Works. An erosion and sediment control plan will have to be prepared by the applicant and submitted to Public Works prior to any work being done on site. No building permit will be issued prior to Public Works approving the erosion and sediment control plan. RECOMMENDATION Due to the existing conditions on site, and the condition of the bulkhead, it is staff’s opinion that Wetlands Board March 17, 2016 VMRC#15-1716 Page 4 of 4 the site in question is appropriate for the proposed installation of new bulkhead, an open-pile pier with a L-head platform and finger pier, a boathouse, two boat lifts, and two watercraft lifts. Therefore, staff recommends approval of Joint Permit Application VMRC#15-1716 with the following conditions. 1. Prior to the issuance of a building permit for the construction of the bulkhead, pier, boathouse, and boat lifts the applicant shall have a buffer restoration plan approved by staff, and which shows the installation of vegetation in the disturbed area within the Resource Protection Area of the Chesapeake Bay Preservation Area Overlay District. 2. The applicant is required to have an approved erosion and sediment control plan prior to any land disturbance at 214 Water Pointe Way. 3. The installation of wetland tolerant vegetation shall be installed in the 80 square foot area where the existing marginal wharf structure will be removed. The vegetation shall be installed during the appropriate season and will be inspected by staff after installation. Attachments  Exhibit A – Zoning/Land Use Map  Exhibit B – VMRC Application  Exhibit C – 2008 VIMS Report, 2015 VMRC Report  General Location Map s S S LA LV D TE N L N K R IS Y N A D R IV D IN G IV E IN B W E R WATCH D R TS CRO DW ET GO RN B U VE I TE R W AY WA R LA FA L RT 5 L 8 A K E £ ¤ 58 JO N A THANS W AY « £ ¬ 13¤ 58 £ ¤58 RT 58 PR UD R EN RI BLV VE E D IV R W R OO D TR D N E S M O CE N A Y S M ILL R D M UR PH N E AV RIV OD ER O RD W NG LO DR ROO K NM A IN IL L O W E ST B E A D W W I L L IA M S R D M E L A K DY DR N ORM AN VMRC15-1716 Esri, HER E, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community  JOINT PERMIT APPLICATION VMRC#15-1716 CONDITIONS 1. Prior to the issuance of a building permit for the construction of the bulkhead, pier, boathouse, and boat lifts the applicant shall have a buffer restoration plan approved by staff, and which shows the installation of vegetation in the disturbed area within the Resource Protection Area of the Chesapeake Bay Preservation Area Overlay District. 2. The applicant is required to have an approved erosion and sediment control plan prior to any land disturbance at 214 Water Pointe Way. 3. The installation of wetland tolerant vegetation shall be installed in the 80 square foot area where the existing marginal wharf structure will be removed. The vegetation shall be installed during the appropriate season and will be inspected by staff after installation.  EXHIBIT A VMRC#15-1716 Zoning Map NANSEMOND RIVER TE RB URY C OVE RLM WA R IV W AY D ER OO W ER AT WO OD W MIST ING TID TRA MORN VE CO Y LM RIDGE CE W AT E R E PO IN TE W AY LANE 26J*2*42 RL AD RO ER RIV elopment Overlay District MUD MUD RZ2-13 ³ RZ2014-00009 B-2 1 inch = 358 feet Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community