Department of Planning
801 Crawford Street, 4th Floor
Portsmouth, Virginia 23704
757.393.8836 (f) 757.393.5223
https://www.portsmouthva.gov/181/Planning-Department
WETLANDS BOARD
AGENDA
WEDNESDAY, FEBRUARY 7, 2024 6th FLOOR CONFERENCE ROOM CITY HALL, 801 CRAWFORD STREET PUBLIC MEETING 3:30 PM
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF THE MINUTES FROM JANUARY 3, 2024
D. PUBLIC HEARING ITEM
JPA 2023-2539
W.F. Magann Corporation requests to perform dredging and construct a 150-foot wave screen at 3106 West Norfolk Road. The subject project is located along the Western Branch of the Elizabeth River.
E. NEW BUSINESS
F. ADJOURNMENT
801 Crawford Street, Portsmouth, Virginia 23704 Phone: (757) 393-8836 • Fax: (757) 393-5223
To: Wetlands Board
From: Planning Staff
Date: February 7, 2024
Re: JPA 2023-2539 - W.F. Magann Corporation requests to perform dredging and construct a
150-foot wave screen at 3106 West Norfolk Road. The subject project is located along the Western Branch of the Elizabeth River. The property is in the Industrial (IN) zoning district. The Future Land Use Map of the Build One Portsmouth Comprehensive Plan designates this property for Heavy Industrial uses. The property is owned by W.F. Magann Corporation and is further described as Tax Map 700, Parcel 1.3.
Summary Date:
Wetlands Board Public Hearing (Deferred): January 3, 2024
Wetlands Board Public Hearing: February 7, 2024
Summary Facts:
I. APPLICANT
W.F. Magann Corporation, 3220 Mariner Avenue, Portsmouth, Virginia, 23703
II. AGENT
Rebecca Francese, 321 Cleveland Place, Virginia Beach, Virginia 23462
III. LOCATION & LEGAL DESCRIPTION
3106 West Norfolk Road, also referenced as Tax Map 700, Parcel 1.3
IV. PROPERTY OWNER
W.F. Magann Corporation, 3220 Mariner Avenue, Portsmouth, Virginia, 23703
V. PURPOSE
W.F. Magann Corporation requests a Permit to Use or Develop Wetlands before the Wetlands Board to authorize dredging and the construction of a 150-foot wave screen within the intertidal zone at 3106 West Norfolk Road.
VI. RECOMMENDATION
Approval with conditions - Staff recommends approval of this application. With the recommended conditions, it appears that the impacts to wetlands have been minimized as much as practicable while implementing the development of a wave screen and dredging to support barge mooring activities. Further, the proposed wave screen has the potential to protect the remaining wetlands on site from incurring further damage caused by wave action. The loss of vegetated wetlands has been compensated for with the purchase of compensatory mitigation credits.
Staff Contact: Valerie Malzone 757-393-8836 Ext. 4210
VII. FINDINGS OF FACT
a. Project Information and Proposed Use of the Property
W.F. Magann Corporation requests a Permit to Use or Develop Wetlands before the Wetlands Board to authorize dredging and the construction of a wave screen within the intertidal zone at 3106 West Norfolk Road. The project site is located along the Western Branch of the Elizabeth River. In total, the projects will impact approximately 6,400 square feet of non-vegetated wetlands and 20 square feet of vegetated wetlands.
Dredging and/or the construction of wave attenuators, such as wave screens, are not included as a general permitted use of and/or activity on wetlands as specified in Wetlands Ordinance Sec. 39-24. Other than for the purpose of conducting the activities specified in Sec. 39-24, the Ordinance (Sec. 39-81) states that the use or development of tidal wetlands within the city requires a Permit to Use or Develop Wetlands issued by the Wetlands Board.
A Permit for the construction of the proposed wave screen was previously approved by the City of Portsmouth Wetlands Board at a Wetlands Board Public Hearing held on May 4, 2022 (JPA 2022-0093). The permit was issued on May 20, 2022, and included authorization to perform dredging and construct a 315-foot cantilever steel bulkhead in addition to a 150-foot wave screen. The purchase of 20 square feet of compensatory tidal mitigation credits was conditioned as a requirement prior to the issuance of the permit to mitigate the 20 square feet of vegetated wetlands impacted by the proposed wave screen. The proposed dredging and construction of the bulkhead had no impacts to vegetated wetlands and, therefore, did not require the purchase of additional compensatory mitigation credits.
Since the issuance of the permit, the applicant has completed the construction of the bulkhead. The construction of the wave screen has not yet been initiated and will not be completed before the permit (JPA 2022-0093) expires on May 20, 2024. The City’s Wetlands Ordinance (Portsmouth City Code Chapter 39 – Wetlands) does not provide for the Wetlands Board to renew or extend a Permit to Use or Develop Wetlands, so the applicant is requesting a new permit from the Wetlands Board to complete the wave screen project and dredging. No changes to the design or location of the proposed wave screen are proposed with the new permit request.
Wave screens are often utilized in places with large amounts of boat wake activity to reduce wave action that can damage berthing areas and shorelines. The applicant proposes to construct a wave screen along the eastern shoreline of the property to protect existing wetland vegetation during dredging and barge mooring activities. The wave screen will be 150 feet in length and consist of a low, steel sheet pile wall with a top elevation between MLW (mean low water) and MHW (mean high water). The screen will be supported by nine (9) pairs of 18-inch square concrete piles supporting a 5.5-foot concrete cap.
The applicant also requests to dredge approximately 45,525 cubic yards within a 155,550-square-foot area to a depth of -14 feet MLW to continue to develop this property for barge mooring operations. All dredged material will be removed from the site.
b. Site Description
The 4.9-acre property at 3106 West Norfolk Road is zoned Industrial (IN). The property is located within the AE8 Flood Zone and within the Intensely Developed Area (IDA) of the Chesapeake Bay Preservation Area (CBPA) Overlay District. The subject property is surrounded to the north, east, and west by in
dustrial uses zoned Industrial (IN). The south side of the property extends into the Western Branch of the Elizabeth River.
Figure 1. Aerial image of applicant’s site Figure 2. Completed bulkhead
