City of Newport News
Department of Engineering
March 1, 2024
TO: Wetlands Board
FROM: Secretary, Newport News Wetlands Board
SUBJECT: Wetlands Board Meeting
There will be a Regular Newport News Wetlands Board meeting on Monday, March 18, 2024 at 5:30 p.m. in the City Council Chambers, City Hall, 2400 Washington Avenue, Newport News, Virginia 23607.
Should you have any questions regarding this memo, please contact the secretary of Newport News Wetlands Board at (757) 933-2352.
_____________________________
Sharon M. Neal
SMN/wjw
Attachments: (1) Agenda of Regular Meeting
(2) Minutes of October 16, 2023
(3) Request Letter(s)
pc: Director of Engineering, C. Galant
Director of Development, F. Kingston
Director of Planning, S. McAllister
Assistant Director of Planning, F. Chioros
City Clerk, M. Washington-Jenkins
Engineering, L. Bott
AGENDA
REGULAR MEETING
OF
NEWPORT NEWS WETLANDS BOARD
March 18, 2024
5:30 P.M.
1. Roll Call
2. Pledge of Allegiance
3. Consider Approval of Minutes from October 16, 2023 meeting
4. Old Business
a. None
5. New Business
NNWB #23-014: 14601 Jefferson LLC,
C/O: Dwight Schaubach
14214 Carrollton Boulevard, Carollton Virginia, 23314
To fill a heavily riprap lined drainage swale that bisects this property. The purpose
of the fill is to provide a continuous block of upland area for future development
located at 14601 Jefferson Ave in Newport News
NO ACTION REQUIRED
NNWB #23-015: Chesapeake Bay Foundation
C/O Kylie Harris
3663 Marlin Bay Drive
To place six (6) 9"x9" x 18"
noncommercial aquaculture cages to be secured to an existing pier servicing 645
Aqua Vista Dr. located along The Hampton Roads in Newport News.
NO ACTION REQUIRED
NNWB #23-016: Jorge Rivera, River Port, LLC
P.O. Box 13923
To install two (2) boat lifts with six (6) piles to the end of two existing piers
adjacent to 1201 Terminal Avenue situated along the James River in the City of
Newport News.
NO ACTION REQUIRED
NNWB #23-017: Ms. Suzanne Beckstoffer
122 Barclay Road
To place four (4) 9"x9" x 18"
Noncommercial aquaculture cages to be secured to an existing pier servicing 122
Barclay Road located along Fishers Creek in Newport News.
NO ACTION REQUIRED
NNWB #23-018: Sherri and Gene Tschida
975 Lacon Drive
To construct a private 150' x 5’ wide open pile pier with a 10' x 25’ T?head, and a
5' x 5' floating dock adjacent to T-head platform, at 975 Lacon Drive situated along
the Warwick River in the City of Newport News.
NO ACTION REQUIRED
NNWB #23-019: Joint Base Langley-Eusits
Attn: Mr. Miguel L. Capellan
733 CED
1407 Washington Boulevard
To collect surface water and sediment grab samples from 14 locations along the
Fort Eustis boundary, within the James River, Warwick River, and tributaries
within the City of Newport News.
NO ACTION REQUIRED
NNWB #23-020: Craig Galant
2400 Washington Avenue
To remove an existing timber fishing pier with T – Head, to install a 58’ x 8’ open
pile pier with an 80’ – 8” x 8’ T-Head, and to replace two “no wake zone” pile
supported signage in the river situated along the Warwick River in Newport News.
NO ACTION REQUIRED
NNWB #23-021: Craig Galant
2400 Washington Avenue
To remove two (2) existing piers and to perform maintenance dredging of
approximately 7,000 cubic yards of material at the end of the manmade Newport
News Small Boat Harbor on the Lower James River in Newport News.
NO ACTION REQUIRED
NNWB #23-022: US Department of Energy
Thomas Jefferson National Accelerator Facility
C/O: Mr. Craig Ferguson
To clear and fill approximately 0.23 acres of nontidal wetlands and 653 linear feet
of ditch. The purpose of the fill is to create a storage yard as part of the Jefferson
Lab Laydown Yard, Phase II Project in Newport News, Virginia.
NO ACTION REQUIRED
NNWB #24-001: BCDH Investments Inc.
C/O Ms. Pauline Nice & Cheri Nice
106 Landing Lane
To replace a 90’ section of failed aluminum bulkhead in the same foot print with
vinyl material and sand backfill. These activities will permanently impact 588
square feet of non-vegetated tidal wetlands at 106 Landing Lane adjacent to the
Warwick River.
ACTION REQUIRED
NNWB #24-002: Thomas Cheney
2400 Washington Avenue
To reconstruct 4200 linear feet of roadway from 20th Street South to Nelms Avenue in
Newport News. The reconstruction consists of an improved roadway cross section,
proposed sidewalk, ADA compliant handicap ramps and crosswalks at all intersections.
NO ACTION REQUIRED
NNWB #24-003: Thao Khau & Chinh V Vo RT
9605 River Road
To install Class 2 Rip Rap in front of the existing concrete bulkhead. There is also
some loss of land behind the existing bulkhead that now has vegetated and nonvegetated
wetlands. This area will be backfilled. These activities will permanently
impact 327 square feet of non-vegetated tidal wetlands and 142 square feet of
vegetated tidal wetlands at 9605 River Road adjacent to the James River.
ACTION REQUIRED
NNWB #24-005: Craig Galant
2400 Washington Avenue
To regrade and stabilize a man-made residential ditch adjacent to Huber Road in
Newport News.
NO ACTION REQUIRED
NNWB #22-1421 Mr. David Fletcher
31 Haughton Lane
To install a rip rap revetment and two rip rap groins. These activities will
permanently impact 1100 square feet of non-vegetated tidal wetlands at 31
Haughton Lane adjacent to the James River.
ACTION REQUIRED
Wetlands Permit CC The Jimmy LLC
C/O Nate Pretl
#177 12 W Montgomery Street
Baltimore, Maryland 21230
Permit to excavate a 4 foot wide trench for the construction of the proposed
bulkhead, construct approximately 184 linear feet of vinyl bulkhead with a 30 &
35 linear feet return wall, construct approximately 212 linear feet of granite quarry
stone riprap revetment, and install approximately 5,510 square feet of EnviroGrid
slope stabilization on the bank with plantings and backfill as shown in the permit
drawings.
(NO ACTION REQUIRED PERMIT ISSUED)
6. Adjournment
7. Documents Provided.
a. Minutes of October 16, 2023
b. NNWB #23-014: Letter to 14601 Jefferson LLC, C/O Dwight Schaubach dated 10/30/2023
c. NNWB #23-015: Letter to Chesapeake Bay Foundation C/O Kylie Harris dated 10/30/2023
d. NNWB #23-016: Letter to Jorge Rivera dated 11/06/2023
e. NNWB #23-017: Letter to Suzanne Beckstoffer dated 10/31/2023
f. NNWB #23-018: Letter to Sherri and Gene Tschida dated 12/12/2023
g. NNWB #23-019: Letter to Miguel L. Capellan dated 12/12/2023
h. NNWB #23-020: Letter to Craig Galant dated 12/13/2023
i. NNWB #23-021: Letter to Craig Galant dated 12/19/2023
j. NNWB #23-022: Letter to Craig Ferguson dated 12/29/2023
k. NNWB #24-001: Joint Permit Application dated 01/22/2024
l. NNWB #24-001: Letter to Pauline Nice & Cheri Nice dated 02/09/2024
m. NNWB #24-002: Letter to Thomas Cheney dated 01/16/2024
n. NNWB #24-003: Joint Permit Application dated 11/27/2023
o. NNWB #24-003: Letter to Thao Khau & Chinh V Vo RT dated 02/09/2023
p. NNWB #24-005: Letter to Craig Galant dated 02/27/2024
q. NNWB #22-020: Joint Permit Application dated 01/18/2024
r. NNWB #22-020: Letter to David Fletcher dated 02/22/2024
s. Wetlands Permit #177: Robert Simon cc The Jimmy 12/1/2023
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CITY OF NEWPORT NEWS
WETLANDS BOARD REGULAR COMMITTEE MEETING
CITY COUNCIL CHAMBER, CITY HALL
MONDAY, OCTOBER 16, 2023
5:30 P.M.
MINUTES
Attendees Ms. Elizabeth Young, Ms. Holly Cunningham, Ms. Elizabeth Willis, Ms. Sandra
Kochersperger, Dr. Robin Van Tine, and Ms. Sherry McDonald
Non-Attendees
Meeting called to
order by
Chair Elizabeth Young at 5:30 p.m.
Agenda Topics • Roll Call
• Ms. Young: Everyone has received a copy of the minutes for approval from the
June 12th meeting. Did anyone have any comments, questions or corrections to
these minutes? A motion to approve?
• Ms. Cunningham: I make a motion to approve
• Ms. Willis: I second
• Ms. Young: Minutes approved
• Minutes approved 6-0
OLD BUSINESS:
COMMENTS:
None
NEW BUSINESS Action item: NNWB #23-007 Robert E. Simon, Waterfront Consulting Inc.
2589 Quality Court, Ste. 323
DISCUSSION
Type of Meeting
ACTION FOR THIS TOPIC
NNWB #23-007
PERSON
RESPONSIBLE
To excavate a 4 feet wide trench for the construction of the proposed bulkhead,
construct approximately 184 linear feet of vinyl bulkhead with a 30 & 35 linear feet
return wall, construct approximately 212 linear feet of granite quarry stone riprap
revetment, and install approximately 5,510 square feet of EnviroGrid slope
stabilization on the bank with plantings and backfill as shown in the permit drawings.
These activites will permanently impact 454 square feet of non-vegetated tidal
wetlands at 85 29th Street adjacent to the James River.
COMMENT: • Ms. Young: Okay, we will go on with our new business now. Sharon, if you would
like to read into the record.
• Ms. Neal: Yes. We had seven applications that came in for review. Six required no
action. One will require action that we will review tonight. The City of Newport
News Wetland Board received an application from The Jimmy LLC to excavate a 4
foot wide trench for the construction of the proposed bulkhead, construct
approximately 184 linear feet of vinyl bulkhead with a 30 & 35 linear feet return
wall, construct approximately 212 linear feet of granite quarry stone riprap
revetment, and install approximately 5,510 square feet of EnviroGrid slope
stabilization on the bank with plantings and backfill as shown in permit drawings.
These activites will permanently impact 454 square feet of non-vegetated tidal
wetlands at 85 29th Street adjacent to the James River. The agent Robert Simon is
present and can address the board.
• The Agent: Good evening. For the record, Robert Simon, Waterfront Construction
here to represent cc The Jimmy on the application, I appreciate you giving us the
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time and bringing this application before you for consideration. This project was
brought to us by the people that are redeveloping the four buildings over there at
constitute cc The Jimmy on this property. The buildings has sustained structural
damage to them and they are having to secure the corners to these buildings
because the slope is eroding. The building next door to us, the Marinetime building,
has got substantial riprap underneath it protecting it. So they asked how do we
secure this slope and not have any more structural damage to the building. The best
that we can come up with was to remove a bulkhead in the alignment. The bulkhead
in itself is above the jurisdictional area but the riprap we want to put in front of it as
wave break. Waves come in and when they hit a bulkhead they just shoot straight
up and it is going to put saltwater all over the banks and plantings. That’s the reason
we put the riprap out in front of it to break up any wave action coming off the river
during storm events so it doesn’t spray the plantings with salt water. They want to
backfill the area and then use an environmental slope grid, which is a corregated
grid material that we will anchor into the bank and then plant on it. They backfill it
and then they plant on it so that the end product should be a vegetated slope into the
one down into the bulkhead. Other than that, it’s kind of a straight forward project
as far as we see it, I’m sure maybe if you have any questions, I would be happy to
answer any questions.
• Ms. Young: Thank you. Do anyone have any questions for him? And from what we
saw, we only have jurisdiction of a very small narrow, sort of line in between where
the beach is and the other parts of the property are, that’s mainly just going to be
riprap?
• Mr. Simon: Yes ma’am. There’s rubble, debris, one of the building walls collapsed,
it’s a lot of brick down there.
• Ms. Young: Trash.
• Mr. Simon: Trash. They are going to go down there and clean that up.
• Ms. Young: Board, any comments, questions?
• Dr. VanTine: You’re requesting mitigation for 454 square feet? I think we probably
need to consider that even though it is bricks and rubble, it’s covered with algae and
I’m sure it is a private community of organisms there so we probably should
consider that even though it says non-vegetated there is micro algae growing under
there, so I don’t know.
• Ms. Young: Is that the case Sharon? I thought that when we were down there it
looked like where we were considering was more off and further out from the
water that is wasn’t really any vegetation. I didn’t even see any crab holes or
anything, just trash and bricks.
• Dr. VanTine: You can see the algae growing.
• Mr. Simon: Typically riprap itself is considered non-vegetated wetlands. So we are
taking a non-vegetated rubble out and we are putting in non-vegetated rocks,
typically it’s considered self-mitigating if it from non-vegetated to non-vegetated
it’s no luck net loss to the wetland environment and the rocks will also propagate
oysters on them and algae as well.
• Dr. VanTine: How high will that be?
• Mr. Simon: The rock itself?
• Dr. VanTine: Yes.
• Mr. Simon: The rock will actually go down to below mean low water for a proper
revetment so that way if you get any scour you will need to take it down to mean
low water. But half of that structure will be buried.
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• Dr. VanTine: Right.
• Mr. Simon: So you are only going to see half of the rock coming up to the top of
the bulkhead and that’s up at elevation 10. And I don’t even think we are going up
to the top of the bulkhead with rock, we’re coming up about half way or three
quarters of the bulkhead with the rock.
• Dr. VanTine: So it will be higher than the existing rubble?
• Mr. Simon: Oh yes, yes sir.
• Dr. VanTine: So there is a loss of whatever is living there now even though its
growing on rubble, it’s been there forever. I don’t know. That is something we need
to consider.
• Ms. Young: Does anybody else have any comments?
• Ms. Cunningham: My additional comment to that would be that they are planting,
after the backfill, more than what’s there now, that could be considered.
• Dr. VanTine: Behind the slope?
• Ms. Cunningham: No, behind the backfill area.
• Ms. Young: In the project area.
• Ms. Cunningham: That could be considered mitigation if you wanted to for this
project. They’re adding more than what is there now.
• Ms. Young: I feel like they are actually taking out rubble and putting rubble in. It’s
probably healthier for the area than the brick and what else is…
• Dr. VanTine: So the amount of area that is going to be removed and covered will
also serve as some substrate for similar organisms in the same amount of space?
• Mr. Simon: Yeah, I don’t think we are going to have a loss of habitat there.
• Dr. VanTine: Yes, that’s what I’m thinking about.
• Mr. Simon: Yes, there’s no loss of habitat.
• Ms. Young: To Holly’s point, I think that, I’m a proponent of mitigating in place,
then mitigating in someplace else, generally. Can you speak to how much
mitigation comparison to the area that you are going to be implementing?
• Mr. Simon: The rubble that’s out there will remove an area that is probably 10 feet
wide to put the riprap structure in and then on top of that, and half of that structure
will be buried back with clean filled material. To put, to get the grade back. I mean
if it will please the Board, we can try and sprig it either, and I will have to check the
elevation, but we can sprig it in front with a couple of rows of either Spartina or salt
meadow hay, just depending on the elevation of it is because we have to stay within
the boundary of our property there.
• Dr. VanTine: That sounds good to me.
• Mr. Simon: And that’s not that hard to do. We just have to pick the right vegetation.
Spartina have a very narrow window it wants to grow in.
• Dr. VanTine: Yeah, I’m not sure if it will do well enough there.
• Mr. Simon: Yeah, I think it will be high mark we’ll have to plant. We can do some
Spartina peytons or some panic grass or American beach grass along there. That’s
not that hard to do and we can add that to the application. Do it along the whole
length of it. So we have what 184 feet and we take two or three rows of it that
should more than cover our impacts.
• Dr. VanTine: I like that.
• Ms. Cunningham: I do too.
• Ms. Young: Are there any more questions or comments? Do I hear a motion to
approve the application with the additional plantings and mitigation as the applicant
described?
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• Ms. Kochersperger: I make a motion to approve.
• Dr. VanTine: I second it.
• Ms. Young: Motion approved 6-0
CONCLUSION: • Mr. Simon: Thank you for your time.
• Ms. Young: Are there any other matters for the Board, any discussions, comments?
• Board: No
• Ms. Young: Seeing none, can we have a motion to adjourn?
ADJOURNMENT
Motion made by Ms. Cunningham and Dr. VanTine second the motion. Meeting
adjourned 6-0
Next Schedule
Meeting Date
March 18, 2024
___________________________________ ________________________________
Sharon Neal Wanda Woodruff
Secretary Recording Secretary
