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Home My WebLink AboutSDP201800027 Correspondence Final Site Plan and Comps. 2018-06-13 V From: Schweller,Lori H. To: Margaret Maliszewski;Andrew KnuDoel Cc: Stephen Waller(stephen.wallerCalgdnsites.com) Subject: FW:VDOT ROW-Verizon Frys Spring Site SDP201800027(5th Street Station) Date: Wednesday,June 13,2018 2:45:15 PM Good Afternoon, Margaret and Andrew, I've discussed with Adam Moore at VDOT the County's request as to tree preservation and how Verizon might address that request. The email below summarizes VDOT's position, which limits what Verizon can agree to with respect to item#1 of the June 7, 2018 SRC comment letter and, more particularly, with respect to the three ARB conditions. As your comment notes,VDOT currently has no plans to cut trees, but VDOT cannot give the county any assurance that trees won't be cut in the future. VDOT will not grant Verizon an easement but would review a permit request to plant replacement trees should trees be removed in the future. I would guess that the likelihood of approval of such permit request is high, assuming trees weren't cut for a construction project,which would likely affect the monopole site as well. We could agree to a condition that, should VDOT remove any of the trees between the site and the EC, it would apply for and diligently pursue a permit from VDOT to plant replacement trees in the ROW and, if such permit were granted,would plant trees in the ROW as permitted to screen the bottom of the monopole. (You may want to specify 6'tall or some other reasonable height.) The last ARB condition requiring the monopole to be removed "if loss of trees results in visibility of the facility that is not minimized" requires an analysis today of a potential future scenario. I think it's unreasonable to have a strict removal requirement for a future possible situation that would require re-evaluation under the new circumstances. The very term "minimized" means in relation to existing circumstances and is hard to understand/quantify in relation to a lack or change of tree cover. Please let me know if you have questions or would like to discuss. Thanks, Lori Lori H. Schweller Attorney at Law LECLAIRRYAN 123 East Main Street, Eighth Floor Charlottesville, Virginia 22902 (434)245-3448 Direct (434)296-0905 Fax (804)248-8700 Mobile Lori.Schweller@leclairryan.com https://www.leclairryan.com Linkedln I BIO Attorney at Law LECLAIRRYAN 123 East Main Street, Eighth Floor Charlottesville,Virginia 22902 (434)245-3448 Direct (434)296-0905 Fax (804)248-8700 Mobile Lori.Schweller 1eclairryan.com https://www.leclairryan.com Linkedln I BM Please consider the environment before printing this email. * This e-mail may contain confidential or privileged information. If you are not the intended recipient,please notify the sender immediately by return e-mail with a copy to emailadministrator@leclairryan.com and delete this e-mail and all copies and attachments. * This e-mail may contain confidential or privileged information. If you are not the intended recipient,please notify the sender immediately by return e-mail with a copy to emailadministrator@leclairryan.com and delete this e-mail and all copies and attachments. From:Schweller, Lori H. To:Margaret Maliszewski; Andrew Knuppel Cc:Stephen Waller (stephen.waller@gdnsites.com) Subject:FW: VDOT ROW - Verizon Frys Spring Site SDP201800027 (5th Street Station) Date:Wednesday, June 13, 2018 2:45:15 PM Good Afternoon, Margaret and Andrew, I’ve discussed with Adam Moore at VDOT the County’s request as to tree preservation and how Verizon might address that request. The email below summarizes VDOT’s position, which limits what Verizon can agree to with respect to item #1 of the June 7, 2018 SRC comment letter and, more particularly, with respect to the three ARB conditions. As your comment notes, VDOT currently has no plans to cut trees, but VDOT cannot give the county any assurance that trees won’t be cut in the future. VDOT will not grant Verizon an easement but would review a permit request to plant replacement trees should trees be removed in the future. I would guess that the likelihood of approval of such permit request is high, assuming trees weren’t cut for a construction project, which would likely affect the monopole site as well. We could agree to a condition that, should VDOT remove any of the trees between the site and the EC, it would apply for and diligently pursue a permit from VDOT to plant replacement trees in the ROW and, if such permit were granted, would plant trees in the ROW as permitted to screen the bottom of the monopole. (You may want to specify 6’ tall or some other reasonable height.) The last ARB condition requiring the monopole to be removed “if loss of trees results in visibility of the facility that is not minimized” requires an analysis today of a potential future scenario. I think it’s unreasonable to have a strict removal requirement for a future possible situation that would require re-evaluation under the new circumstances. The very term “minimized” means in relation to existing circumstances and is hard to understand/quantify in relation to a lack or change of tree cover. Please let me know if you have questions or would like to discuss. Thanks, Lori Lori H. Schweller Attorney at Law LECLAIRRYAN 123 East Main Street, Eighth Floor Charlottesville, Virginia 22902 (434) 245-3448 Direct (434) 296-0905 Fax (804) 248-8700 Mobile Lori.Schweller@leclairryan.com https://www.leclairryan.com LinkedIn | BIO Please consider the environment before printing this email. From: Moore, Adam [mailto:adam.moore@vdot.virginia.gov] Sent: Wednesday, June 13, 2018 2:00 PM To: Schweller, Lori H. Cc: Stephen Waller (stephen.waller@gdnsites.com) Subject: Re: VDOT ROW - Verizon Frys Spring Site Lori, This appears to accurately summarize the situation. Adam J. Moore, P.E. | Assistant Resident Engineer – Land Use VDOT - Charlottesville Residency 701 VDOT Way | Charlottesville | VA main 434.422.9782 On Wed, Jun 13, 2018 at 9:29 AM, Schweller, Lori H. <Lori.Schweller@leclairryan.com> wrote: Good Morning, Adam, Thank you for explaining VDOT’s position regarding private use of VDOT right-of-way. To summarize the information you shared with me – VDOT has no plans to cut trees in the I-64 ROW behind Wegman’s/Dick’s Sporting Goods and would prefer the trees be there, but VDOT will always remove trees that are in danger of falling because they have been hit by lightning or otherwise. VDOT will only remove trees for construction projects or because they are in danger of falling or otherwise threaten private property. VDOT does not grant easements within VDOT right-of-way. VDOT will, however, grant temporary (3-6 mos.) permits for work with in the right-of-way for things like utility installations. Therefore, if trees were to be removed, Verizon could apply for a permit to replace them. The District Engineer in Culpeper would need to review and approve such request. This type of request has not been made previously, so you cannot guarantee that it would be granted, but if such planting would have no real impact on the ROW, there is a reasonable chance of its being approved. Such permits are reviewed on a case by case basis and would not be applied for until needed as they are temporary. In short, there are no current plans to remove trees, but VDOT cannot give the county assurances that trees will not be removed in the future for construction or for safety reasons. VDOT will not give Verizon an easement to plant trees in the future. VDOT would consider a request from Verizon for a permit to plant trees in the future, and such permit may be granted if the activity would not negatively impact VDOT’s use of the ROW. Please confirm or correct this information. Thank you for your help, Lori Lori H. Schweller Attorney at Law LECLAIRRYAN 123 East Main Street, Eighth Floor Charlottesville, Virginia 22902 (434) 245-3448 Direct (434) 296-0905 Fax (804) 248-8700 Mobile Lori.Schweller@leclairryan.com https://www.leclairryan.com LinkedIn | BIO Please consider the environment before printing this email. * This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail with a copy to emailadministrator@leclairryan.com and delete this e-mail and all copies and attachments. * This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail with a copy to emailadministrator@leclairryan.com and delete this e-mail and all copies and attachments.