The City of Virginia Beach Wetlands Board Staff reports for the Thursday, January 23, 2025 Public Hearing have been posted. Please refer to the following link.
The Wetlands Board Staff Report may also be downloaded from the Wetlands Board webpage at www.virginiabeach.gov/wetlands under Agendas & Minutes 2025.
The Wetlands Board Public Hearing will be held at the City of Virginia Beach, City Hall, Council Chambers, Building 1 located at 2401 Courthouse Drive, Virginia Beach, Virginia.
An informal session will be held at 9:00 AM at City Hall, Building 1, Room 2034. During the informal session, Staff briefs the Board on agenda items. All interested persons are invited to attend. There is no opportunity for citizenry to speak at the briefing session; however, the public is invited to speak at the formal Wetlands Board Public Hearing that follows at 10:00 AM. For information or to examine copies of proposed plans, ordinances, or amendments call (757) 385-4621 or go to virginiabeach.gov/wetlands or visit the Department of Planning and Community Development, 2875 Sabre Street, Suite 500, Virginia Beach, Virginia.
If you require a reasonable accommodation for this meeting due to a disability, please call the Planning Department at 757-385-4621. If you are hearing impaired, you can contact Virginia Relay at 711 for TDD service.
Should you have any questions, please feel free to contact Staff at your convenience.
Heaven Manning, PWS
PLANNING & COMMUNITY DEVELOPMENT
Environmental Planner
(757)385-8594 | hmanning@VBgov.com
www.virginiabeach.gov/planning
2875 Sabre Street, Suite 500
Virginia Beach, VA 23452
Virginia Beach Wetlands Board Public Hearing Procedures A Public Hearing of the Virginia Beach Wetlands Board will be held on Thursday, January 23, 2025 at 10:00 a.m. in the Council Chamber - 2401 Courthouse Drive, Building 1, Second Floor, Virginia Beach, VA. An informal session will be held the same day at 9:00 a.m. in room 2034, City Manager’s Conference Room - 2401 Courthouse Drive, Building 1, Second Floor, Virginia Beach, VA. During the informal session, Staff briefs the Board on agenda items. All interested persons are invited to attend. There is no opportunity for citizenry to speak at the briefing session; however, the public is invited to speak at the formal Wetlands Board Public Hearing that follows. For information or to examine copies of proposed plans, ordinances or amendments call (757) 385-4621 or go to VirginiaBeach.gov/wetlands or visit the Department of Planning and Community Development, 2875 Sabre Street, Suite 500, Virginia Beach, Virginia by appointment. Citizens may also submit comments to the Wetlands Board prior to the public hearing via email to waterfront@vbgov.com or via United States Mail to Waterfront Operations, 2875 Sabre Street, Suite 500, Virginia Beach, VA 23452 The Staff reviews some or all the items on the agenda and suggests that certain conditions be attached for deliberation 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. The administrative comments contained in the attached Staff reports constitutes 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. THE FOLLOWING DESCRIBES THE ORDER OF BUSINESS FOR THE PUBLIC HEARING (If you have any questions, please contact Staff via email at waterfront@vbgov.com or call The Department of Planning & Community Development at 757-385-4621) 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’ 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 Virginia Beach Wetlands Board Public Hearing Procedures Page 1 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. 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. If you require reasonable accommodation for this meeting due to a disability, please call the Department of Planning and Community Development at (757) 385-4621. If hearing impaired, you may contact Virginia Relay at 711 for TDD services. Virginia Beach Wetlands Board Public Hearing Procedures Page 2 Wetlands Board Agenda Wetlands Board Public Hearing: January 23, 2025 9:00 AM INFORMAL STAFF BRIEFING OF PUBLIC HEARING AGENDA ITEMS 10:00 am FORMAL REVIEW OF PUBLIC HEARING AGENDA ITEMS Administrative Business Agenda Items • Approval of the December 16, 2024 Wetlands Board Hearing Minutes New Business Agenda Items – Wetlands 1. 2024-WTRA-00227 Haversham Close, LLC & Robert A. Broermann et al. [Applicants & Owners] 2393 & 2397 Haversham Close GPINs: 2409-14-6639 & 2409-14-5577 City Council: District 8 (Cummings) Waterway: Dey Cove Subdivision: Broad Bay Point Greens Request: To construct a rip rap revetment involving wetlands. Please be advised that copies of the proposed plans, ordinances, amendments and/or resolutions associated with this public hearing are also on file and may be examined by appointment at the Department of Planning & Community Development located at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at VirginiaBeach.gov/wetlands. For information call (757) 385-4621. Virginia Beach Wetlands Board Hearing Agenda Page 3 AS NEEDED, PAGE LEFT BLANK Virginia Beach Wetlands Board Hearing Agenda Page 4 Agenda Item 1 Application Number: 2024-WTRA-00227 Applicant: Haversham Close, LLC & Robert A. Broermann et al. Wetlands Board Public Hearing: January 23, 2025 City Council: District 8 (Cummings) Applicant’s Agent Wayne Barrett – S.B. Ballard Construction Company Location 2393 & 2397 Haversham Close GPIN 2409-14-6639 & 2409-14-5577 Staff Planner Heaven Manning Proposal To construct a rip rap revetment involving wetlands. Waterway Dey Cove Subdivision Broad Bay Point Greens Impacts Vegetated: 4 square feet Non-Vegetated: 96 square feet Subaqueous: 34 square feet Overall length of proposed structures: 34 linear feet of rip rap revetment Proposed Mitigation and/or Compensation On-site and Payment of an In-Lieu Fee Staff Recommendation Approval as Submitted Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 5 CBPA Variances & Wetlands Board Permit History The properties are located in the Chesapeake Bay Watershed. There are no known recent Chesapeake Bay Preservation Area (CBPA) Board variances for 2397 Haversham Close. The following CBPA Board variances were found for 2393 Haversham Close: • April 2009 – To construct two retaining walls with backfill and paver walkways/steps. • April 2022 – To construct a swimming pool with associated patio and excavate uplands for a bulkhead re-alignment. The following Wetlands Board actions and Joint Permit Applications were found for the properties: • 2393 Haversham Close o April 2022 – The Wetlands Board approved the dredging of access basins and the channel of Dey Cove. o May 2022 – The Wetlands Board approved the construction of a bulkhead and groin wall. This application included construction of a boat house. • 2397 Haversham Close o November 2023 – Waterfront Operation Staff reviewed an application for the construction of a pier, floating dock, boat lift, and covered boat lift. Wetlands Board approval was not required. Summary of Proposal The applicant is proposing to construct 34 linear feet of rip rap revetment along the eastern property line of 2393 Haversham Close adjacent to and in front of the existing groin wall. The rip rap will consist of excess quarry stone located on-site. The primary purpose of the rip rap revetment is to is to reduce erosion along the shoreline while allowing for boating access to the waterway. As designed, the proposed project will impact 96 square feet of non-vegetated wetlands and 4 square feet of vegetated wetlands. The applicant is proposing to mitigate on-site by converting 96 square feet of nonvegetated wetlands to non-vegetated rock habitat. The applicant will pay an in-lieu fee for impacts to vegetated wetlands. Evaluation & Staff Recommendations The applicant desires to reinforce the existing groin wall along the eastern edge of 2393 Haversham Close by installing 34 linear feet of rip rap revetment. The proposed rip rap will serve to reinforce and prolong the life of the existing groin wall. Staff concurs with the applicant that the that the proposed rip rap revetment is warranted as there is evidence of scouring and erosion at the shoreline adjacent to the existing groin wall. The applicant’s agent provided that a living shoreline was not appropriate for this site due to the existing improvements on the lots, the height of the existing bulkhead at 2393 Haversham Close, and significant fetch Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 6 and wave action. Staff agrees with the on-site compensation method for the conversion of 96 square feet of non-vegetated wetlands to non-vegetated rock habitat. Staff accepts payment of an in-lieu fee as compensation for impacts to 4 square feet of vegetated wetlands. Accordingly, the Department of Planning and Community Development recommends that the application be approved as submitted as shown on the plans as shown on the plans titled “Proposed Revetment and Floating Dock” sealed January 6, 2025 and received by the Virginia Marine Resources Commission on January 6, 2025. Next Steps Wetlands Board decisions can be reviewed by or appealed to the Virginia Marine Resources Commission. The Virginia Marine Resources Commission must receive the appeal request within 10 days 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. Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 7 Site Aerial Map Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 8 Joint Permit Application - Impacts Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 9 Joint Permit Application - Impacts Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 10 Existing Conditions Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 11 Site Access & Disturbance Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 12 Proposed Improvements Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 13 Rip Rap Revetment Cross Section Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 14 Site Photos Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 15 Site Photos Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 16 Disclosure Statement – Page 1 Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 17 Disclosure Statement – Page 2 Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 18 Disclosure Statement – Page 1 Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1 Page 19 Disclosure Statement – Page 2 Haversham Close, LLC & Robert A. Broermann et al. Agenda Item 1
| Name / Title: | Beth Howell / Office Manager |
| Address: |
380 Fenwick Road Building 96 Fort Monroe, 23651 |
| Email Address: | jpa.permits@mrc.virginia.gov |
| Telephone: | (757)247-2214 FAX: (757)247-2002 TDD: ()- |