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* Deferral ** Withdrawal

Wetlands Board Agenda November 18, 2019

Wetlands Board Hearing Procedures

The Virginia Beach Wetlands Public Hearing is held at 10:00 a.m. in the Council Chamber of the City Hall Building, Municipal Center. A staff briefing is held at 8:30 a.m. in the City Manager’s Conference Room, Room 234, Building 1. Those members of the public interested in attending the 10:00 a.m. Public Hearing should be advised that, for reasons the Wetlands Board deems appropriate, certain items on the agenda may be heard out of order and that it should not be assumed that the order listed in this document will be exactly followed during the public hearing.

PLEASE TURN YOUR CELL PHONE OFF OR TO VIBRATE WHILE IN THE COUNCIL CHAMBER. THE ADMINISTRATIVE COMMENTS CONTAINED IN THE ATTACHED AGENDA CONSTITUTE STAFF RECOMMENDATIONS FOR EACH APPLICATION AND ARE ADVISORY ONLY. FINAL DETERMINATION OF THE APPLICATION IS MADE BY THE VIRGINIA BEACH WETLANDS BOARD AT THE PUBLIC HEARING.

IF YOU ARE ATTENDING THE HEARING AND DESIRE TO SPEAK ON AN ITEM, SIGN IN WITH THE CLERK IN THE COUNCIL CHAMBER PRIOR TO THE MEETING.

THE FOLLOWING DESCRIBES THE ORDER OF BUSINESS FOR THE PUBLIC HEARING (IF YOU DO NOT UNDERSTAND, ASK A STAFF MEMBER SITTING AT THE DESK AT THE FRONT OF THE CHAMBER).

1. WITHDRAWALS AND DEFERRALS: The first order of business is the consideration of withdrawals or requests to defer an item. The Board will ask those in attendance at the hearing if there are any requests to withdraw or defer an item that is on the agenda. PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING WITHDRAWN OR DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN.

a. An applicant may WITHDRAW an application without the Boards’s approval at any

time prior to the commencement of the public hearing for that item. After the commencement of the hearing, however, the applicant must request that the Wetlands Board allow the item to be withdrawn.

b. In the case of DEFERRALS, the Board’s policy is to defer the item FOR AT LEAST 60 DAYS. Although the Board allows an item to be deferred upon request of the applicant, the Board will ask those in attendance if there are any objections to the request for deferral. If you wish to oppose a deferral request, let the Board know when they ask if there is anyone in attendance who is opposed to the deferral. PLEASE confine your remarks to the deferral request and do not address the issues of the application – in other words, please let the Board know why deferring the application is unacceptable rather than discussing what your specific issue is with the application.



2. REGULAR AGENDA: The Board will then proceed with the remaining items on the agenda,

according to the following process:

a. The applicant or applicant’s representative will have 10 minutes to present the case.

b. Next, those who wish to speak in support to the application will have 3 minutes to present their case.

c. If there is a spokesperson for the opposition, he or she will have 10 minutes to

present their case.

d. All other speakers not represented by the spokesperson in opposition will have 3 minutes.

e. The applicant or applicant’s representative will then have 3 minutes for rebuttal of any comments from the opposition.

f. There is then discussion among the Board members. No further public comment

will be heard at that point. The Board may, however, allow additional comments from speakers if a member of the Board sponsors them. Normally, you will be sponsored only if it appears that new information is available and the time will be limited to 3 minutes.

g. The Board does not allow slide or computer generated projections other than those prepared by the Planning Department Staff.

h. The Board asks that speakers not be repetitive or redundant in their comments. Do

not repeat something that someone else has already stated. Petitions may be presented and are encouraged. If you are part of a group, the Board requests, in the interest of time, that you use a spokesperson, and the spokesperson is encouraged to have his or her supporters stand to indicate their support.

The Staff reviews of some or all of the items on this agenda suggest that certain conditions be attached to approval by the Wetlands Board. However, it should not be assumed that those conditions constitute all the conditions that will ultimately be attached to the project. Staff agencies may impose further conditions and requirements during administration of applicable City ordinances.



8:45 A.M. – STAFF BRIEFINGS & DISCUSSION

• REVIEW OF PUBLIC HEARING AGENDA ITEMS • TRAINING (IF ANY)

10:00 A.M. – PUBLIC HEARING OLD BUSINESS - WETLANDS

1. 2017-WTRA-00164 Neil C. Thompson [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To construct a bulkhead involving wetlands 2821 Wood Duck Drive (GPIN 2433252680) Waterway – Sand Broad Inlet Subdivision – Sandbridge Council District – Princess Anne

2. 2018-WTRA-00169 Bryan Garnett [Applicant/Owner]

REQUEST FOR ONE YEAR EXTENSION To construct a bulkhead and rip rap involving wetlands 1428 N. Woodhouse Road (GPIN 2409905068) Waterway – Linkhorn Bay Subdivision – Alanton Council District – Lynnhaven



3. 2017-WTRA-00228 Mark E. Knutsen [Applicant/Owner]

REQUEST FOR ONE YEAR EXTENSION To construct rip rap involving wetlands 2037 Hackberry Road (GPIN 1499588295) Waterway – Broad Bay Subdivision – Broad Bay Colony Council District – Lynnhaven

4. 2018-WTRA-00173 Reno Family Dynasty Trust [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To install a bulkhead involving wetlands and dune/beach 1460 N. Woodhouse Road (GPIN 2409816412) Waterway – Linkhorn Bay Subdivision – Alanton Council District – Lynnhaven

5. 2018-WTRA-00195 Frederick Haycox, III [Applicant/Owner] REQUEST FOR ONE YEAR EXTENSION To modify existing rip rap involving wetlands 1526 McCullough Lane (GPIN 2409915529) Waterway – Linkhorn Bay Subdivision – Alanton Council District – Lynnhaven



NEW BUSINESS – COASTAL PRIMARY SAND DUNE/BEACH

6. 2019-WTRA-00210 Ronald Ripley [Applicant/Owner] To install a bulkhead involving a Coastal Primary Sand Dune/Beach 2900 Sandfiddler Road (GPIN 2433358246) Waterway – Atlantic Ocean Subdivision – Sandbridge Oceanfront Council District – Princess Anne

NEW BUSINESS – SAND MANAGEMENT

7. 2019-WTRA-00212 Brad & Annie Cardwell [Applicant/Owner] To excavate sand involving a Coastal Primary Sand Dune/Beach 3260 Sandfiddler Road (GPIN 2433505041) Waterway – Atlantic Ocean Subdivision – Sandbridge Oceanfront Council District – Princess Anne

NEW BUSINESS - WETLANDS

8. 2019-WTRA-00170 Lynnhaven Basin, LLC [Applicant/Owner] To dredge involving wetlands 3143 Lynnhaven Drive (GPIN 1499080243) Waterway – Broad Bay Subdivision – Lynnhaven Colony Council District – Lynnhaven



9. 2019-WTRA-00189 Justin John [Applicant/Owner] To replace a bulkhead, construct rip rap, and plant wetlands involving wetlands 896 Winwood Drive (GPIN 2418007635) Waterway – Linkhorn Bay Subdivision – Linlier Waterfront Council District – Lynnhaven

10. 2019-WTRA-00190 Bradley Moses [Applicant/Owner] To repair and replace a rip rap revetment and plant wetlands involving wetlands 1601 Travis Parkway (GPIN 2409814986) Waterway – Linkhorn Bay Subdivision – Alanton North Council District – Lynnhaven

11. 2019-WTRA-00191 Monroe Boyd [Applicant/Owner] To replace a bulkhead involving wetlands 3553 North Crestline Drive (GPIN 1457206098) Waterway – Eastern Branch of Elizabeth River Subdivision – Elizabeth River Shores Council District – Kempsville

* Deferral** Withdrawal


12. 2019-WTRA-00184R. Boyd Melchor & Dee Oliver [Applicant/Owner]

To construct rip rap and a marsh sill involving wetlands 1244 Crystal Lake Circle (GPIN 2418687136)

Waterway – Crystal Lake Subdivision – Bay Colony Waterfront Council District – Lynnhaven

13. 2019-WTRA-00220James S. Conway [Applicant/Owner]

To construct rip rap involving wetlands 1901 Channel Points Lane (GPIN 1489953274)

Waterway – Lynnhaven Bay Subdivision – Great Neck Point Council District – Lynnhaven

14. 2019-WTRA-00221Sean M. Miller [Applicant/Owner]

To install a bulkhead involving wetlands 321 Teal Crescent (GPIN 2433168461)

Waterway – Man-made canal to North Bay Subdivision – Sandbridge Council District – Princess Anne

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Neil C. Thompson Agenda Item 1

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Application Number 2017-WTRA-00164 Applicant Neil C. Thompson Public Hearing November 18, 2019

City Council Election District Princess Anne REQUEST FOR ONE YEAR EXTENSION

Agent Robert Simon, Waterfront Consulting, Inc. Location 2821 Wood Duck Drive GPIN 2433-25-2680 Proposal To construct a bulkhead involving wetlands Waterway Atlantic Ocean Subdivision Sandbridge

Agenda Item 1

Neil C. Thompson Agenda Item 1

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Site Aerial

Bryan Garnett Agenda Item 2

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Application Number 2018-WTRA-00169 Applicant Bryan Garnett Public Hearing November 18, 2019

City Council Election District Lynnhaven REQUEST FOR ONE YEAR EXTENSION

Agent Robert Simon, Waterfront Consulting, Inc. Location 1428 N. Woodhouse Road GPIN 2409-90-5068 Proposal To construct a bulkhead and rip rap involving wetlands Waterway Linkhorn Bay Subdivision Alanton

Agenda Item 2

Bryan Garnett Agenda Item 2

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Site Aerial

Mark E. Knutsen Agenda Item 3

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Application Number 2017-WTRA-00228 Applicant Mark E. Knutsen Public Hearing November 18, 2019


Agent Wayne McCoy, Mid Atlantic Environmental, LLC Location 2037 Hackberry Road GPIN 1499-58-8295 Proposal To construct rip rap involving wetlands Waterway Broad Bay Subdivision Broad Bay Colony

Agenda Item 3

Mark E. Knutsen Agenda Item 3

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Site Aerial

Reno Family Dynasty Trust Agenda Item 4

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Application Number 2018-WTRA-00173 Applicant Reno Family Dynasty Trust Public Hearing November 18, 2019


Agent Robert Simon, Waterfront Consulting, Inc. Location 1460 N. Woodhouse Road GPIN 2409-81-6412 Proposal To install a bulkhead involving wetlands and dune/beach Waterway Linkhorn Bay Subdivision Alanton

Agenda Item 4

Reno Family Dynasty Trust Agenda Item 4

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Site Aerial

Frederick Haycox, III Agenda Item 5

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Application Number 2018-WTRA-00195 Applicant Frederick Haycox, III Public Hearing November 18, 2019


Agent Rich Calvert, Calvert Marine Location 1526 McCullough Lane GPIN 2409915529 Proposal To modify existing rip rap involving wetlands Waterway Linkhorn Bay Subdivision Alanton

Agenda Item 5

Frederick Haycox, III Agenda Item 5

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Site Aerial

Ronald Ripley Agenda Item 6

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Application Number 2019-WTRA-00210 Applicant Ronald Ripley Public Hearing November 18, 2019

City Council Election District Princess Anne

Agent Robert Simon, Waterfront Consulting, Inc. Location 2900 Sandfiddler Road GPIN 2433-35-8246 Staff Planner Charles McKenna Proposal To install a bulkhead involving a Coastal Primary Sand Dune/Beach Staff Recommendation Approval as Submitted Waterway Atlantic Ocean Subdivision Sandbridge Oceanfront Impacts Dune/Beach: 8,000 square feet Overall Length of Proposed Structure: 112 Linear Feet Proposed Mitigation and/or Compensation None Required

Agenda Item 6


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This property is in the Atlantic Ocean Watershed. The Wetlands Board approved a first-floor deck extension in September 2016 and fence along the public access way in June 2017.

Site Aerial

CBPA Variances and Wetlands Board Permit History


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Site Plan – Proposed Conditions


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Site Photos


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The applicant proposes to install approximately 112 linear feet of bulkhead, consisting of a 100-foot long bulkhead parallel to the beach and property line at the Sandbridge Public Beach Easement line with a 12-foot extension through the public beach access, consistent with current practices. The drawings depict the excavation of the sand on the seaward side of the bulkhead to three feet below the proposed bulkhead cap elevation of 15 feet, with sand uniformly graded down to the beach elevation of 11 feet. The excavated material will then be spread evenly on the beach. The proposed bulkhead and associated excavation and grading will impact approximately 8,000 square feet of dune and beach.

The primary purpose of the project is to protect the property from storm events.

The proposed bulkhead is in alignment with the beach easement line, which is the typical location of bulkheads along the Atlantic Ocean at Sandbridge Beach. The proposed bulkhead location is in the middle of a large, well-established dune with extensive vegetation, including sea oats. Well-established sand dunes with thick vegetation provide protection to the land behind them from waves and storm surge. The application follows the Board’s approved guidelines for Sand Management of a bulkheaded property, as a 15-foot wide trench on the seaward side of the bulkhead, and grade to a 2:1 slope up to the existing grade is proposed. The Department of Planning and Community Development Staff recommends that the application be approved as submitted.

Wetlands Board decisions can be reviewed by or appealed to the Marine Resource Commission. The Marine Resource Commission must receive the appeal request within 10 day of the hearing. Accordingly, no approvals can be issued until at least 10 days after the hearing.

Following the Wetlands Board meeting, applicants and their agents can expect to receive a Board Actions Summary via email.

Within 14 days of the Wetlands Board hearing, applicants and their agents can expect to receive a letter detailing any fees owed, any revisions required, and next steps to obtain their permit.

All questions related to Board decisions or information required to obtain a permit can be directed toward the City of Virginia Beach Planning Department – Waterfront Operations Division at (757) 385-8246.

Summary of Proposal

Evaluation and Staff Recommendations

Next Steps

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Brad & Annie Cardwell Agenda Item 7

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Application Number 2019-WTRA-00212 Applicant Brad & Annie Cardwell Public Hearing November 18, 2019


Agent Self-represented Location 3260 Sandfiddler Road GPIN 2433-50-5041 Staff Planner Whitney McNamara Proposal To excavate sand involving a Coastal Primary Sand Dune/Beach Staff Recommendation Approval as Submitted Waterway Atlantic Ocean Subdivision Sandbridge Oceanfront Impacts Dune/Beach: Approximately 3,000 SF Proposed Mitigation and/or Compensation N/A

Agenda Item 7


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This property is in the Atlantic Ocean Watershed. In 2007 the Wetlands Board approved the installation of a bulkhead and beach access stairs that were never constructed. In January 2016 the Wetlands Board approved a request to construct a deck with a hydro spa, and a Sand Management Permit was approved on November 21, 2016 to remove sand from the rear and both sides of the dwelling. The Sand Management Permit has been extended the maximum number of times and will expire on November 21, 2019.

Site Aerial



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Site Plan


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Site Photos


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The subject request is for a Sand Management Permit. Sand Management Permits allow property owners to remove excessive accumulation of sand that affects infrastructure and deposit acceptable sand on nourished beaches. The applicant requests to excavate sand from both sides of the existing driveway and the sides and the back of the house, consistent with the Sand Management Permit approved in 2016. An area 10 feet wide adjacent to the dwelling and decks is proposed to be graded down to an elevation equal to the existing ground floor deck. Additional grading of the beach/dune profile is requested at a 2:1 slope from the seaward limits of the grading. This slope is intended to alleviate the grade differential and potential sloughing from a vertical wall of sand that will result from excavating the reservoir.

A portion of the request cannot be considered under the Sandbridge General Permit. For properties without a bulkhead, sand may be removed up to 15 feet from the rear extent of a deck or dwelling; however in this case, the applicant desires to remove sand on both sides of the structure from the driveway to the deck behind the home, which is not covered as part of the General Permit. Therefore, this application does not comply with the General Permit’s Sand Placement Profiles and a Wetlands Board permit is required. The proposed Sand Management concept matches what the applicant has been maintaining for the past three years, and Staff has no objection to the applicant continuing the proposed activities. The Department of Planning and Community Development recommends that the application be approved as submitted with the following conditions:

1. Sand may be graded in an area adjacent to the dwelling and decks 10’ in width and down to an elevation equal to the existing ground floor deck. A maximum 2:1 slope shall be established at the seaward limits of the excavated area.

2. Any sand excavated shall be limited to within the subject property’s boundaries. The applicants and their agents should communicate with adjacent property owners regarding the project’s potential to alter the contours of the sand on adjacent properties.

3. Excavated sand that contains debris or rubble shall not be placed on the beach and shall be disposed offsite in a lawful manner.

4. If the excavated sand is clean beach quality sand, it may be placed upon the beach in accordance with the following conditions:

• A single unvegetated accessway to the beach is used to transport the sand. • No sand is to be placed upon existing dune vegetation. • No sand is to be placed within 20 feet of a Public Beach Access. • Any sand placed within 100 feet of mean high water shall be evenly graded along the beach berm

(flat dry portion of the beach).

5. The Sand Management permit will not authorize construction of any type of structure or any activity other than the excavation or grading indicated.

Summary of Proposal



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6. A Federal project, the Sandbridge Beach Erosion Control and Hurricane Protection Project, is present on or near your property. If any work will occur below 7 feet NAVD88 (design profile for Sandbridge Beach), please coordinate with United States Army Corps of Engineers’ Planning Branch, Ms. Michelle Hamor, at (757) 201-7491 to determine if authorization is required under Section 408.

7. The contractor or operator doing the work shall contact the Waterfront Operations office at (757) 385-8246 to schedule a pre-construction meeting to occur prior to any site work or beginning excavation.

8. Valid Sand Management Permits can be reactivated multiple times whenever an excessive accumulation of sand affects infrastructure; however, the contractor or operator doing the work must contact the Waterfront Operations office at 757-385-8246 prior to any site work or beginning excavation.

9. Any existing dune vegetation removed shall be re-installed on the dune crest and face to the greatest extent practicable. In order to prolong the design life of the sand reservoir and minimize the need for maintenance sand management, the Department of Planning & Community Development recommends that the existing vegetation or American Beachgrass be sprigged 12 inches on center during the winter months, 5 feet seaward from the new crest, over the crest, and halfway down the newly created backslope.




All questions related to Board decisions or information required to obtain a permit can be directed toward the City of Virginia Beach Planning Department – Waterfront Operations Division at 757-385-8246.

Next Steps

Lynnhaven Basin, LLC Agenda Item 8

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Application Number 2019-WTRA-00170 Applicant Lynnhaven Basin, LLC Public Hearing November 18, 2019

City Council Election District Lynnhaven

Agent Wayne McCoy, Mid Atlantic Environmental, LLC Location 3143 Lynnhaven Drive GPIN 1499-08-0243 Staff Planner Charles McKenna Proposal To dredge involving wetlands Staff Recommendation Approval as Submitted Waterway Broad Bay Subdivision Lynnhaven Colony Impacts Non-vegetated Wetlands: 416 sq. ft. Proposed Mitigation and/or Compensation Payment of an in-lieu fee

Agenda Item 8


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This property is in the Chesapeake Bay Watershed. A CBPA Variance was approved in February 2004 for the construction of five room additions and an in-ground pool with associated decking.

Site Aerial



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Site Plan


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Site Photos


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This is a request to hydraulically dredge approximately 14,000 square feet or 1,049 cubic yards of the mouth of a canal adjacent to Long Creek. This dredging project will serve multiple properties in the Lynnhaven Colony subdivision. The surrounding residential properties are all bulkheaded lots. The mouth of the canal has continued to accumulate sand overtime. To address this boating nuisance, the project includes dredging to a finished bottom channel depth of -5’ that will impact 30 square feet of sand flat that is exposed at low tide. Also, approximately 416 square feet of non-vegetated wetlands will be impacted.

Dredged material will be disposed of by barge outside City limits to the contractor’s facility in a lawful manner.

Mitigation is necessary for the proposed dredging with the proposed impacts to non-vegetated wetlands. The no net loss of wetlands will be achieved by the payment of an in-lieu fee.

Due to the project's potential for moderate impact to wetlands and marine resources, the Department of Planning and Community Development Staff recommend that the application be approved as submitted as shown on the plans received by VMRC on July 12, 2019.





Summary of Proposal


Next Steps

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Justin John Agenda Item 9

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Application Number 2019-WTRA-00189 Applicant Justin John Public Hearing November 18, 2019


Agent Richard Calvert, Calvert Marine Location 896 Winwood Drive GPIN 2418-00-7635 Staff Planner Whitney McNamara Proposal To install a bulkhead, construct rip rap, and plant wetlands vegetation Staff Recommendation Approval as Modified Waterway Linkhorn Bay Subdivision Linlier Waterfront Impacts Vegetated Wetlands: 35 square feet Non-vegetated Wetlands: 375 square feet Overall length of proposed structure: 438.7 linear feet of bulkhead and 82 linear feet of rip rap Volume of backfill: 80 cubic yards Proposed Mitigation and/or Compensation Onsite compensation

Agenda Item 9


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This property is located in the Chesapeake Bay Watershed; however, there are no recent CBPA Board Variances for this property. A Wetlands Permit 200003491B0 was approved and issued to Virginia Marine Structures for a bulkhead in 2000.

Site Aerial



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Site Plan


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Site Photos


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The applicant is proposing to replace the failing bulkhead with a new bulkhead; 186.2 linear feet will be placed in line with the existing bulkhead and 134.5 linear feet will be constructed 2 feet in front of the existing bulkhead. In addition, 82 linear feet of rip rap will be placed along the northern property line where the existing bulkhead will be removed. The applicant is proposing to plant Spartina behind the rip rap to create new vegetated wetlands. Approximately 100 cubic yards of sand backfill will be placed to fill in the areas where the existing bulkhead has failed and to create the vegetated wetlands. The proposed project will impact 35 square feet of vegetated wetlands, 375 square feet of non-vegetated wetlands, and 423 square feet of subaqueous bottom. The applicant is proposing to compensate for the wetlands impacts on site; 41 square feet of non-vegetated wetlands will be converted to non-vegetated rock habitat and 4 square feet will be converted to vegetated wetlands. The proposed project will create 543 square feet of vegetated wetlands. The primary purpose of this project is to repair the failed bulkhead and stabilize the shoreline.

The Virginia Institute of Marine Science (VIMS) reviewed the application at the request of the Virginia Marine Resource Commission (VMRC) and comments provided by VIMS are below. From: Lyle M Varnell <[email protected]> Sent: Thursday, September 26, 2019 3:56 PM To: Justin Worrell <[email protected]> Cc: Emily A. Hein <[email protected]> Subject: RE: 20191374 in Virginia Beach, Applicant: Justin John Good afternoon Justin: Due to the timing of the receipt of the revisions for the Justin John application (VMRC #19-1374) and my leaving for vacation I am unfortunately unable to provide a formal report. However, I offer the following comments that may be of utility to you, the agent, and the Wetlands Board. The concerns and recommendations discussed during our onsite meeting of August 29th that included Mr. Richard Calvert and Mr. Charles McKenna are not reflected in these revisions. Although the proposed project will result in minimal impacts to the littoral environment, this site remains, as discussed, a reasonable candidate for a living shoreline. This shoreline has no direct exposure to wave energy from Linkhorn Bay, and the low elevation and width of the adjacent lawn pose no upland constraints on living shoreline construction. The area proposed for compensatory mitigation and wetlands planting is not optimal for the establishment of a healthy and sustainable marsh. This section of shoreline faces north with large trees immediately south of this area that provide shading likely to significantly inhibit plant growth. Please let me know if you have questions. If questions, Emily has been briefed and can provide assistance. Lyle Varnell Associate Director for Advisory Services (804) 684-7764

Summary of Proposal

VIMS Report

mailto:[email protected]




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The existing shoreline stabilization measures on this property are in poor condition. Large portions of the bulkhead have failed, creating areas of non-vegetated wetlands behind the bulkhead. The property adjacent to the shoreline has a low elevation and a wide lawn with a gentle slope up to the existing house and pool with no trees, all of which make the site ideal for a living shoreline. Staff concurs with the findings of the VMRC and VIMS that this shoreline is indeed a good candidate for a living shoreline. However, Staff understands the applicant’s need to preserve boating access and recommends that the proposed bulkhead replacement around the covered boatlift from the west end of the existing wharf to point Q is acceptable to address this access. In addition, Staff agrees with VIMS that the area proposed for vegetated wetlands mitigation to be a poor location due to the presence of several large trees in the vicinity that shade the shoreline. Instead, Staff recommends that the applicant place rip rap landward of the existing bulkhead from points A to B, and in front of the existing bulkhead from point B to point H. These proposed changes would still allow for compensation of the wetlands losses on-site and create a considerable gain of vegetated wetlands. Accordingly, the Department of Planning and Community Development Staff recommends that the application be approved as modified with the following conditions:

1. Rip rap shall be placed no further channelward of the existing bulkhead from points B to A, and may be placed in front of the existing bulkhead from point C to point H.

2. A living shoreline shall be created beginning at point H and extending along the shoreline to the west end of the of the existing wharf. A rip rap toe/sill may be placed in front of the created wetlands to provide additional shoreline protection.

3. Following installation of the wetlands vegetation, provide annual vegetation monitoring reports in mid-August

for three years. The reports shall include pictures and a re-vegetation plan for any areas of the vegetation that failed to establish.

4. Revised plans shall be submitted to the VMRC and ultimately approved by the Department of Planning and

Community Development prior to the issuance of a building permit.






Next Steps

Bradley Moses Agenda Item 10

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Application Number 2019-WTRA-00190 Applicant Bradley Moses Public Hearing November 18, 2019


Agent Richard Calvert, Calvert Marine Location 1601 Travis Parkway GPIN 2409814986 Staff Planner Whitney McNamara Proposal To repair and replace a rip rap revetment and plant wetlands vegetation Staff Recommendation Approval as Submitted Waterway Linkhorn Bay Subdivision Alanton North Impacts Vegetated Wetlands: 346 square feet Non-vegetated Wetlands: 3,919 square feet Overall length of proposed structure: 594.70 linear feet Volume of backfill: 85 cubic yards Proposed Mitigation and/or Compensation Onsite compensation

Agenda Item 10


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This property is in the Chesapeake Bay Watershed. A CBPA Board Variance was approved on March 24, 2003 for the construction of a detached garage, room addition, covered porch, pool, and associated decking. Additionally, a CBPA Board Variance was approved on June 23, 2003 for the demolition of the existing residence, driveway, walkways, and woodshed; as well as the construction of a single family 2-story residence, driveway, walkway, deck, pool, and associated decking. There were no recent Wetlands permits found for this property.

Site Aerial



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Site Plan


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Site Photos


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The applicant is proposing to repair approximately 595 linear feet of a rip rap revetment by removing some of the existing concrete and consolidating and grading the remaining concrete. A new toe will be installed channelward of the existing revetment and Class 1 granite will be placed on top of filter cloth over the existing stone and extend landward an additional 18 inches. New vegetated wetlands will be planted behind the repaired revetment. The proposed project will impact 346 square feet of vegetated wetlands, 3,919 square feet of non-vegetated wetlands, and 2,711 square feet of subaqueous bottom. The applicant is proposing on-site compensation for the vegetated and non-vegetated wetlands impacts. The new rip rap will convert 3,788 square feet of non-vegetated rock habitat to non-vegetated rock habitat, and 121 square feet will be converted to vegetated wetlands. The applicant is proposing to replant 10 square feet of impacted vegetated wetlands and create an additional 398 square feet of vegetated wetlands. The primary purpose of this project is to protect the property from further erosion.

Summary of Proposal

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VIMS Report


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The existing rip rap revetment is low and experiences overtopping during extreme high tide and storm events. When Staff visited the site, there were multiple rack lines in the yard from recent overtopping events. In addition, the property faces northeast and experiences over a quarter mile of fetch. There is some sediment loss along part of the shoreline, most likely caused by the frequent overtopping. In addition, a large portion of the vegetated wetlands losses caused by elevating and extending the rip rap revetment landward are located above the Wetlands Board’s jurisdictional limit. Staff is of the opinion that the proposed rip rap revetment will help alleviate the erosion attributed to frequent flooding of the yard. The drawings include the preferred wetlands vegetation monitoring requirements. Accordingly, the Department of Planning and Community Development Staff recommend that the application be approved as submitted as shown on the plans for 1601 Travis Parkway, sealed on September 17, 2019.

Wetlands Board decisions can be reviewed by or appealed to the Marine Resource Commission. The Marine Resource Commission must receive the appeal request within 10 day of the hearing. Accordingly, no approvals can be issued until at least 10 days after the hearing. Following the Wetlands Board meeting, applicants and their agents can expect to receive a Board Actions Summary via email.




Next Steps

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Monroe Boyd Agenda Item 11

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Application Number 2019-WTRA-00191 Applicant Monroe Boyd Public Hearing November 18, 2019

City Council Election District Kempsville

Agent Richard Calvert, Calvert Marine Location 3553 North Crestline Drive GPIN 1457-20-6098 Staff Planner Charles McKenna Proposal To replace a bulkhead involving wetlands Staff Recommendation Approval as Submitted Waterway Eastern Branch of Elizabeth River Subdivision Elizabeth River Shores Impacts Non-vegetated Wetlands: 20 square feet Overall length of proposed structure: 105.5 linear feet Volume of backfill: 50 cubic yards Proposed Mitigation and/or Compensation Payment of an in-lieu fee

Agenda Item 11


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This property is located in the Chesapeake Bay Watershed, however there a no recent CBPA Board Variances for this property. There were no recent Wetlands Permits found for this property.

Site Aerial



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Site Photos


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The applicant is proposing to construct a 105.5 linear foot bulkhead in front of the existing bulkhead with sand backfill. The existing concrete along the wall will be removed and disposed of in a lawful manner at the time of construction. Approximately 20 square feet of unauthorized existing rock/rubble habitat is to be removed.

The existing bulkhead appears to be reaching the end of its design life. Rip rap is the preferred alternative to a replacement bulkhead because it will create rock habitat. The 6.5-foot height of the existing bulkhead makes constructing a living shoreline or a rip-rap revetment problematic and would require extensive excavation, or placement of fill in sub-aqueous lands. In addition, the application states that the fetch for this property, which faces north, is 0.7 of a mile which exceeds the living shoreline design recommendations. The bulkhead construction is over sub-aqueous lands and outside of the Wetlands Board tidal jurisdiction. However, the removal of the existing non-vegetated rubble in the intertidal zone is within the Board’s jurisdiction. Accordingly, the Planning and Community Development department recommends that the application be approved as submitted as shown on the plans for 3553 North Crestline Drive sealed on August 2, 2019.





Summary of Proposal


Next Steps

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R. Boyd Melchor & Dee Oliver Agenda Item 12

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Application Number 2019-WTRA-00184 Applicant R. Boyd Melchor & Dee Oliver Public Hearing November 18, 2019


Agent Robert Simon, Waterfront Consulting, Inc. Location 1244 Crystal Lake Circle GPIN 2418-68-7136 Staff Planner Whitney McNamara Proposal To construct rip rap and marsh sills involving wetlands Staff Recommendation Approval as Modified Waterway Crystal Lake Subdivision Bay Colony Waterfront Impacts Vegetated Wetlands: 21 square feet Non-vegetated Wetlands: 211 square feet Overall length of proposed structure: 254 linear feet of rip rap and 84 linear feet of marsh sill Proposed Mitigation and/or Compensation Onsite compensation

Agenda Item 12


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This property is in the Chesapeake Bay Watershed. A CBPA Board Variance was approved on August 27, 2007 for the removal of a concrete shuffleboard court, removal of the roof and walls from an enclosed terrace, additions to the house, a two-story detached garage/studio, HVAC equipment pads, enclosed equipment pads for an HVAC and generator, changes to the existing driveway, a stepping stone walkway, a pool, relocation of an existing shed and greenhouse, and installation of a fence. This CBPA Board Variance required that if and when the shoreline is re-hardened, a rip rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber, or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands. Additionally, a CBPA Board Variance was approved on June 23, 2008 for a smaller pool, a trellis on the pool house, to move the greenhouse away from the garage, a fence between the house and shoreline, a trellis at the west gate, a sidewalk with stepping stones to the backyard, as well as a statue bases in the front yard, as well as changes to the landscape plan approved in 2007. This CBPA Board Variance retained the shoreline hardening condition from August 27, 2007. A CBPA Variance Request was submitted in July 2019 to remove the shoreline hardening condition, but Staff determined that the proposed site improvements are in substantial compliance with the CBPA Board Variance condition and a variance is not required. A Wetlands Board Application was approved on October 17, 2016 to construct a rip rap sill and bulkhead and was approved for an extension of time on November 20, 2017. It has not been constructed.

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The applicant is proposing to remove the existing, failing bulkhead and place approximately 254 linear feet of Class A1 rip rap up to 10 feet seaward of the failing bulkhead and to construct two marsh sills. One marsh sill will be approximately 43 linear feet and placed to protect the high marsh located landward of an existing, failing retaining wall. The second marsh sill located on the west side of the property will be 41 linear feet. A 5-foot gap will be left between the proposed sill and the existing sill on the neighbor’s property to allow for tidal fluctuations and access by marine life. The proposed project will impact 21 square feet of vegetated wetlands, 211 square feet of non-vegetated wetlands, and 2,311 square feet of subaqueous bottom. While the placement of rip rap will convert subaqueous bottom to 508 square feet of non-vegetated wetlands and mitigate the 211 square feet of non-vegetated wetlands losses, the applicant does not indicate any compensation for the 21 square feet of vegetated wetlands losses. The primary purpose of this project is to halt erosion due to the failure of the bulkhead.

The existing bulkhead is in poor condition and the shoreline is beginning to experience a loss of backfill behind the bulkhead. While the applicant originally applied for a replacement bulkhead in 2016, the applicants have decided that rip rap is the better option. CBPA Staff have determined that the proposed rip rap is in substantial compliance with the CBPA Board Variance conditions, and rip rap is preferred to stabilize a shoreline over a replacement bulkhead. There are two areas on the east and west side of the shoreline where the applicant is proposing to construct rip rap marsh sills to protect the marsh behind them. The proposed sill on the west side is consistent with the sill on the neighboring property. The proposed sills will create additional non-vegetated rock habitat, while protecting the vegetated wetlands already present on site. While in the field, Staff did observe some oysters growing in the area of the proposed sill on the west side of the property, and Staff is of the opinion that the oysters should be protected during construction of the sill. The applicant’s agent proposes to compensate for the 211 square feet of non-vegetated wetlands habitat by the creation of non-vegetated rock habitat. However, the applicant’s agent has not proposed compensation for the 21 square feet of vegetated wetlands that will be impacted by the placement of the marsh sill on the east side of the property. After talking with the applicant’s agent, they have agreed to move the proposed sill landward to reduce the vegetated wetlands impact. An in-lieu fee will be paid for the remaining vegetated wetlands impacts. Accordingly, the Department of Planning and Community Development Staff recommend that the application be approved as modified with the following conditions:

1. The proposed marsh sill on the east side of the property shall be moved landward to minimize the impact to vegetated wetlands. The application and Cross Section C-C on the proposed plans shall be revised to reflect this change.

2. A note shall be added to the plans stating, “Live oysters laying within the area to be impacted by rip rap are to be carefully removed for temporary subaqueous storage and later replaced at the same elevation or lower on the seaward toe of the sill.”

3. All trees removed shall be mitigated on site at a 1:1 ratio

4. Revised plans shall be submitted to the VMRC and ultimately approved by the Department of Planning and Community Development prior to the release of a building permit.

Summary of Proposal



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Next Steps

James S. Conway Agenda Item 13

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Application Number 2019-WTRA-00220 Applicant James S. Conway Public Hearing November 18, 2019


Agent Robert Simon, Waterfront Consulting, Inc. Location 1901 Channel Points Lane GPIN 1489-95-3274 Staff Planner Whitney McNamara Proposal To construct rip rap involving wetlands Staff Recommendation Approval as Modified Waterway Lynnhaven Bay Subdivision Great Neck Point Impacts Vegetated Wetlands: 60 square feet Non-vegetated Wetlands: 166 square feet Overall length of proposed structure: 122 linear feet Proposed Mitigation and/or Compensation Payment of an in-lieu fee

Agenda Item 13


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This property is located in the Chesapeake Bay Watershed. A CBPA Board Variance was approved in May 2016 for a block wall, backfill, and geo-web to prevent erosion along the upland shoreline. A Wetlands Board approval was granted in May 2016 to install and backfill approximately 466 linear feet of rip rap and to install coir logs; however, a permit was never issued. In November 2017, a Joint Permit Application was submitted to rip rap 187 linear feet of shoreline in the two sections most vulnerable to erosion. A Wetlands Permit was issued in 2018, and the section of rip rap along the Lynnhaven River was ultimately constructed; however, the section of rip rap located in the cove was not constructed. The applicant submitted a subsequent Wetlands Board application in December of 2018 to install Flexamat and sprig the remaining shoreline with wetlands vegetation. The Board approved a portion of the Flexamat, eliminating Flexamat where wetlands vegetation was well established. The approved Flexamat was never installed.

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The applicant is proposing to install 122 linear feet of riprap over existing rock rubble. The proposed rip rap will impact 60 square feet of vegetated wetlands and 166 square feet of non-vegetated wetlands. The non-vegetated wetlands impacts will convert existing non-vegetated rock and mud habitat to non-vegetated rock habitat. The applicant is proposing to pay an in-lieu fee for the vegetated wetlands impacts. The primary purpose of the project is to clean up and maintain the existing shoreline. The applicant has been working for several years to develop a plan to combat erosion along this shoreline. The rip rap that was approved in 2016 was never constructed. The applicant resubmitted an application the next year with a scaled- back plan that included riprap in the area by the boat lift. At that time, the applicant’s agent indicated that the other areas of the shoreline experiencing erosion had stabilized due to new vegetated wetlands growth after the removal of trees and limbs that allowed light to reach the shoreline. While rip rap was constructed along a portion of the shoreline, the area of the shoreline in the cove was not constructed. With new materials entering the market, the applicant submitted a new application in late 2018 to combat erosion along the rest of the shoreline, including the cove, using Flexamat instead of rip rap, since it offers the opportunity to include wetlands vegetation. Ultimately, the Board scaled the proposed Flexamat back to leave the natural wetlands vegetation intact that exists in the cove.

As indicated above, the proposed Flexamat in the cove was never constructed, and the applicant would like to install the previously approved rip rap. Staff does not object to the proposed rip rap that will be placed on top of existing rubble and mud, from points B to G on the proposed plans. Staff does object to the placement of rip rap in the cove from points A to B where wetlands vegetation is well established. Through discussions with the applicant’s agent, the applicant has agreed to realign the section of rip rap from points A to B landward, behind the vegetated wetlands, eliminating the vegetated wetlands impacts. Staff recommends that the Board accept the proposed on-site compensation for the conversion of non-vegetated wetlands and rock habitat to non-vegetated rock habitat. Accordingly, Staff recommends that the application be approved as modified by the following conditions:

1. The rip rap shown from points A to B on the proposed plans received by the VMRC on October 1, 2019 shall be realigned landward to avoid impacting vegetated wetlands.

2. Revised plans shall be submitted to the VMRC and shall ultimately be approved by the Department of Planning and Community Development prior to the issuance of a permit.



Summary of Proposal


Next Steps


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Sean M. Miller Agenda Item 14

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Application Number 2019-WTRA-00221 Applicant Sean M. Miller Public Hearing November 18, 2019


Agent Robert Simon, Waterfront Consulting, Inc. Location 321 Teal Crescent GPIN 2433-16-8461 Staff Planner Cole Fisher Proposal To install a bulkhead involving wetlands Staff Recommendation Approval as Modified Waterway Man-made canal to North Bay Subdivision Sandbridge Impacts Vegetated Wetlands: 35 square feet Overall Length of Proposed Structure: 115 linear feet Volume of Backfill: 5 cubic yards Proposed Mitigation and/or Compensation Payment of an in-lieu fee

Agenda Item 14


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This property is in the Southern Rivers Watershed and there are no previous variances or wetlands permits on file.

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The applicant is proposing to install a 115 linear foot bulkhead with a 12 linear foot return wall along the northern property line adjacent to Pike Inlet. The proposed bulkhead will tie into the adjacent bulkhead to the south. Approximately 5 cubic yards of backfill are proposed. The bulkhead will impact 35 square feet of vegetated wetlands along the northern portion of the shoreline. The applicant is proposing to pay an in-lieu fee to compensate for the vegetated wetlands impacts. The applicant has indicated that a living shoreline and rip rap were considered; however, due to the loss of up to 5 feet of uplands for the installation of rip rap and the loss of up to 20 feet with the installation of a living shoreline the vinyl bulkhead was the preferred option.

Staff visited the site and determined that the shoreline is showing signs of erosion and that the proposed bulkhead will address this issue. The applicant proposes to construct the bulkhead behind mean high water, along the existing bank to the maximum extent practicable. The 35 square feet of Phragmites vegetated wetlands impacts are located in the northern portion of the proposed bulkhead alignment. This property is located in the Floodplain Subject to Special Restrictions (City of Virginia Beach Floodplain Ordinance, Appendix K, Section 4.10). Filling in the Floodplain Subject to Special Restrictions may be allowed, provided that the fill is for a shoreline stabilization project and the following three criteria are met:

1. A Joint Permit Application is submitted. 2. The alignment of the stabilization structure is along the escarpment or in line with adjacent stabilization

structures. 3. Fill must be the minimum necessary to support the stabilization project.

The top of the proposed bulkhead is set at elevation 3 feet NAVD 88 and fill will extend landward between 3 and 3.5 feet. Staff is of the opinion that the bulkhead height meets this criteria; however, is of the opinion that the applicant can realign the portion of the bulkhead impacting vegetated wetlands landward and propose a shorter return wall to avoid the impacts to the vegetated wetlands and reduce the amount of proposed fill in the Floodplain Subject to Special Restrictions. A significant portion of the proposed bulkhead lies landward of the existing bank. Staff contacted the agent and the agent indicated that this upland area will be excavated to create a non-vegetated wetlands bench. Staff concurs that a living shoreline does not appear to be appropriate in this location due to the width and depth of the canal and due to the large amount of uplands impacted to create the appropriate shoreline grade. Accordingly, the Department of Planning and Community Development Staff recommends the application be approved as modified with the following condition:

1. The proposed bulkhead shall be realigned landward at the northern portion of the property to avoid the 35 square feet of vegetated wetlands impacts and that the amount of fill needed be reduced as well. Revised plans shall be submitted to the VMRC and ultimately approved by the Department of Planning and Community Development prior to the issuance of a building permit.

Summary of Proposal



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Next Steps

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