july2009 by chrstphr

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									                                               July 15, 2009

TO:            Wetlands Board Members

FROM:     Richard W. Scarper

RE:            July, 2009 Wetlands Board Applications

Attached are the Planning Department's administrative
comments for the following wetlands applications to be heard
at the July 20, 2009 Wetlands Board Public Hearing.
                        OLD BUSINESS
STANLEY PARKER ---------------------------------- VB08-078-SD

JEMIAL BEACH, LLC. ------------------------------ VB08-170-SD

DAVID PARKER ------------------------------------ VB09-047-NW

                         NEW BUSINESS

STANLEY PARKER ---------------------------------- VB09-006-SD

THOMAS FOLLIARD --------------------------------- VB09-042-SD

WALTER PICKETT ---------------------------------- VB09-065-NW

DEPARTMENT OF THE ARMY, FORT STORY -------------- VB09-074-SD

Please contact me if you have any questions regarding these
comments.

RWS

Attachments

C:    Jack Whitney
      Karen Lasley
      VIMS
      T. Wayne Couch
      Justin Worrell
      Kay Wilson
      Lonnie Warren
      David Compton
      NOTE: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.

                        OLD BUSINESS

C. JEMIAL BEACH, LLC. --------------------------- VB08-170-SD
Background:
This is a request to install and backfill approximately 495
linear feet of vinyl bulkhead and a 10’ by 22’ open pile
second story deck on lot 20. The project is located on the
Atlantic Ocean in the Sandbridge area. The project involves
alteration to a coastal primary sand dune / beach as defined
in the Coastal Primary Sand Dune Zoning Ordinance and
accompanying State enabling legislation.

The applicant has stated that the primary purpose for the
project is storm protection.

Recommendation
The Coastal Primary Sand Dune Protection Act declares that
it is the "policy of the Commonwealth whenever reasonably
necessary to preserve and protect coastal primary sand dunes
and to prevent their despoliation and destruction and
whenever   practical  to   accommodate  necessary   economic
development in a manner consistent with the protection of
such features." The Planning Department is of the opinion
that the submitted application is not consistent with State
policy inasmuch as the project will permanently alter the
dune/beach resource and natural beach/dune processes.

The Coastal Primary Sand Dune/Reaches Guidelines state:
No permanent alteration or construction upon any coastal
primary sand dune shall take place which would:

     A.   impair the natural functions of the dune as
          described by the Act;
     B.   physically alter the contour of the dune; and
     C.   destroy vegetation growing on the dune.

Construction, as proposed, within the dune/beach resource
represents a permanent alteration and will impair the
natural functions of the dune/beach processes, alter
dune/beach contours and destroy vegetation growing thereon.

The General Assembly in adopting legislation governing
dunes/beaches recognized that these features ...in their
natural state serve as protective barriers from the effects
of coastal flooding and erosion caused by coastal storms...
[and]   provide  an   essential  source  of   natural  sand
replenishment for beaches.

For   the   aforementioned  considerations,  the   Planning
Department recommends denial of the project. If approved,
the bulkhead should extend no further seaward than that
necessary to accommodate existing and anticipated principal
and accessory structures.
NOTE: The applicant should comment on the disposition of the
existing dune resource post construction of the bulkhead.
Specifically, will the existing 14’ and 18’ high dunes on
undeveloped Lots 21 and 22 be altered? Currently, said
resource affords protection to life and public/private
property west of the bulkhead. Once the subject lots are
bulkheaded, the dune resource will no longer be within the
Wetlands   Board   jurisdiction.  Additionally,   how   will
backfilled sand be stabilized with vegetative cover so as to
not promote blowing sand onto public and private adjoining
properties?

D.DAVID PARKER ---------------------------------- VB09-047-NW

Background
This is a request to construct and backfill approximately
112 linear feet of steel sheet pile bulkhead located on Lake
Wesley in the Fisherman’s Wharf area. The applicant’s agent
has indicated work is projected to impact 1,022 square feet
of nonvegetated wetlands. The applicant's shoreline is
experiencing erosion due in large part to failure of a
concrete   rubble   revetment.  Adjacent   properties   have
experienced similar erosion problems.

Recommendation:
The applicant has indicated that the primary purpose for the
project is intended to provide shoreline stabilization. The
stated secondary purpose for the project is to provide
private boat storage. The Wetlands Guidelines note that
“when an erosion control structure is deemed necessary ...it
should ordinarily be placed far enough landward of mean high
water so as to minimize exposure to wave action.” The
Guidelines further note that landward placement also
preserves intertidal bottom thereby maintaining habitat
diversity and associated functions within the marine
ecosystem. As proposed, almost all non-vegetated tidal
wetlands will be displaced. The Legislature established a
policy to preserve the wetlands and to prevent their
despoliation and destruction and to accommodate necessary
economic development in a manner consistent with wetland
preservation. The primary stated purpose for the project is
to abate shoreline erosion. This can be accomplished through
the re-construction of the rubble revetment within the same
general location as that which currently exists. Doing so
would accommodate the owners desire to abate erosion and
said alignment would be consistent with the legislature’s
stated policy of wetlands preservation.
Accordingly, staff suggests the project be deferred pending
a review of alternatives.
Note: The    applicant’s   agent  will   provide  additional
information regarding the purpose and intent of the project.
Specifically, how the project is related to the Virginia
Beach Resort Area Strategic Action Plan.


                      NEW BUSINESS

A. STANLEY PARKER ------------------------------- VB09-006-SD

Background:
This is a request to install and backfill approximately 226
linear feet of composite bulkhead located on the Atlantic
Ocean in the Sandbridge area. The project involves
alteration to a coastal primary sand dune / beach as defined
in the Coastal Primary Sand Dune Zoning Ordinance and
accompanying State enabling legislation.

The applicant has stated that the primary purpose for the
project is storm protection.

Recommendation
The Coastal Primary Sand Dune Protection Act declares that
it is the "policy of the Commonwealth whenever reasonably
necessary to preserve and protect coastal primary sand dunes
and to prevent their despoliation and destruction and
whenever   practical  to   accommodate  necessary   economic
development in a manner consistent with the protection of
such features." The Planning Department is of the opinion
that the submitted application is not consistent with State
policy inasmuch as the project will permanently alter the
dune/beach resource and natural beach/dune processes.

The Coastal Primary Sand Dune/Reaches Guidelines state:
No permanent alteration or construction upon any coastal
primary sand dune shall take place which would:

     A.   impair the natural functions of the dune as
          described by the Act;

     B. physically alter the contour of the dune; and

     C. destroy vegetation growing on the dune.

Construction, as proposed, within the dune/beach resource
represents a permanent alteration and will impair the
natural functions of the dune/beach processes, alter
dune/beach contours and destroy vegetation growing thereon.

The General Assembly in adopting legislation governing
dunes/beaches recognized that these features ...in their
natural state serve as protective barriers from the effects
of coastal flooding and erosion caused by coastal storms...
[and]   provide  an  essential   source  of   natural  sand
replenishment for beaches.

For   the   aforementioned  considerations,   the   Planning
Department recommends denial of the project. If approved,
the bulkhead should extend no further seaward than that
necessary to accommodate principal and accessory structures.
B. THOMAS FOLLIARD .............................. VB09-065-NW

Background:
This is a request to construct a 10’ by 30’ wood deck, a 4’
by 66’ wood walkway, and a 10’ by 10’ wood deck located on
the Atlantic Ocean in the Croatan area. The project involves
alteration to a coastal primary sand dune / beach as defined
in the Coastal Primary Sand Dune Zoning Ordinance and
accompanying State enabling legislation.

The applicant has stated that the primary purpose for the
project is to provide pedestrian access to the beach from
the residence.

Recommendation
The Coastal Primary Sand Dune Protection Act declares that
it is the "policy of the Commonwealth whenever reasonably
necessary to preserve and protect coastal primary sand dunes
and to prevent their despoliation and destruction and
whenever   practical  to   accommodate  necessary   economic
development in a manner consistent with the protection of
such features." The Planning Department is of the opinion
that the proposed pedestrian accessway to the beach has been
designed in accordance with Dune Guidelines Standards,
however the proposed 10’ by 10’ wood deck along the dune
crest is inconsistent with the stated primary purpose of the
project. The applicant should comment on the need for said
improvement.
The Planning Department recommends approval of the project
subject to:

All   disturbed  area  associated   with  the   limits  of
construction shall be sprigged with American Beachgrass on
12 inch centers.
C. WALTER PICKETT ............................... VB09-065-NW

Background
This is a request to install and backfill approximately 126
linear feet of quarry stone riprap revetment located on Long
Creek in the Bay Island area. The applicant’s agent has
indicated that work is projected to impact approximately 630
square feet of non-vegetated wetlands. No reference was
provided to vegetated wetland impacts. The applicant's
shoreline is experiencing erosion due in large measure to
failure of an existing timber bulkhead.
Recommendation
The stated project description is inconsistent with the
submitted site plan (quarry stone riprap revetment vs.
vertical composite bulkhead). In addition, the application
makes no reference to anticipated vegetated wetland impacts.
Accordingly, the Planning Department recommends the project
be deferred pending submission of a revised JPA.
D. DEPARTMENT OF THE ARMY, FORT STORY            VB09-074-
SD

Background:
This is a request to construct and backfill approximately
805 linear feet of quarry stone riprap revetment located on
the Atlantic Ocean in the Fort Story area. The project
involves alteration to a coastal primary sand dune / beach
as defined in the Coastal Primary Sand Dune Zoning Ordinance
and accompanying State enabling legislation.

The applicant has stated that the primary purpose for the
project is halt erosion.

Recommendation
The Coastal Primary Sand Dune Protection Act declares that
it is the "policy of the Commonwealth whenever reasonably
necessary to preserve and protect coastal primary sand dunes
and to prevent their despoliation and destruction and
whenever   practical  to   accommodate  necessary   economic
development in a manner consistent with the protection of
such features." The Planning Department is of the opinion
that the submitted application is consistent with State
policy. The subject request represents the only un-hardened
section of shoreline. Similar revetment structures lie on
either side of the subject proposal. The Planning Department
recommends approval of the project as submitted.

								
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