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HomeMy WebLinkAboutSDP201900025 Review Comments Major Amendment, Final Site Plan 2019-07-15 1
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902
(434) 296-5832
July 15, 2019
Tim Miller
Meridian Planning Group LLC
440 Premier Circle, Ste 200
Charlottesville VA 22901
RE: SDP201900025 Floor Fashions - Major Site Plan
Mr. Miller:
The Major Site Plan amendment application has been reviewed. In order for the amended site plan to be
approved the following revisions are required:
1. [24.2.1(49) 32.5.2(b), 32.6.2(a)] The HC zoning regulations limit warehouse to 4,000 square feet
per site. Additional warehouse is not permitted unless approved by special exception. This site
has more than 4,000 square feet of existing previously approved warehouse. Please specify the
amount of existing previously approved warehouse area and list the site plans that such approvals
were received. Also, specific the amount of proposed new warehouse area. Does the site plan
propose additional warehouse area?
2. [24.2.1(49), 32.5.2(b), 32.6.2(a)] The site data provided on the cover sheet lists the existing and
proposed uses as commerical; however, throughout the site plan the uses are listed as
office/warehouse and commerical/warehouse. For each building provide the SF calculations for
the existing uses and provide the SF calculations for the proposed uses. Does this plan propose an
increase in the intensity of development onsite?
3. [24.2.2(13), 24.2.1(53), 32.6.2(a)] The site is subject to the 400 gallons of water consumption per
site acre per day cap because external changes are proposed to the site. Specify the proposed uses
and provide water consumption data for the site, and for each parcel to ensure each lot will not
exceed 400 gallons per site acre per day. This information shall be submitted by the applicant,
reviewed and approved by staff prior to site plan approval.
4. [32.5.2(q), 32.6.2(a)] Provide traffic generation figures for the site based on current Virginia
Department of Transportation rates; indicate the estimated number of vehicles per day and the
direction of travel for all connections from the site to a public street.
5. [32.7.2, 32.7.2.1, 32.7.2.1(a)] Remove the proposed northern entrance and access road onto
Hunters Way which serves Lot 1. The new entrance is not permitted because the site is already
served by 2 existing entrances onto public streets. The existing accessway between Lot 1 and
TMP 79-4A shall remain. Depict, label, and dimension a new access easement over TMP 79-4A
or TMP 79-4P to serve Lot 1.
2
6. [32.4.3.2, 32.4.3.2(b), 32.6.2] The wastewater treatment facility shall be approved by County
Engineering, VDH, and DEQ prior to site plan approval. If other government agency approvals
are warranted, they shall also be gained prior to site plan approval.
7. [32.6.2(d), Section 3] The site plan depicts a wastewater treatment facility proposed on TMP
07900-00-00-004P0 to serve TMP 07900-00-00-004A0. However a wastewater treatment facility
is considered an accessory use1 to the primary use it serves. By definition (Section 3.0 in the
Albemarle County Zoning Ordinance), an accessory use must be located on the same property as
the use it serves. Because this requirement is found within a definition, it is not subject to
variance and there is no provision for waiver of this requirement. Revise to ensure each lot is
provided its own sewage system and well on the lot it serves. The system(s) shall be approved by
VDH, DEQ, and the County prior to site plan approval.
8. [24.2.1(49) 32.5.2(b), 32.6.2(a)] Revise to ensure the parking calculations provided on sheet 1
coincide with the uses proposed throughout the site plan for each lot. For example: the parking
calculations on sheet 1 utilize office and warehouse calculations for Lot 4A (building #2422)
and Lot 1 (building #2424); however, other sheets of the site plan list the uses in these
buildings as commercial and warehouse.
Also, ensure the total square footage of each building provided in the parking calculations
coincide with the square footages of each building provided throughout other sheets of the site
plan.
9. [4.12] The parking calculations for warehouse uses shall include one (1) space per employee plus
one (1) space per each five hundred (500) square feet of floor area open to the public for customer
parking, but in all cases a minimum of two (2) customer parking spaces. Please label which
spaces are for customers.
Also, if a commerical use is truly proposed, ensure the commerical parking calculations are
provided for the specific uses per section 4.12.
10. [32.7.2.3, 352.7.2.2, 32.6.2(a)] The existing accessway between Lot 1 and TMP 79-4A shall be
upgraded to provide a 5’ sidewalk between the two lots for pedestrian access. Additionally, 5’
sidewalks shall be provided internally throughout the site to connect the three uses and further
pedestrian safety and access. This will enable pedestrians to walk safely and conveniently
between buildings on the site.
11. [4.2.3, 4.2.5, 33.44] The current design relies on critical slope disturbance throughout the site.
Prior to site plan approval the Board of Supervisors shall act on this special exception to permit
the disturbance requested. The applicant requested a deferral of the Special Exception for
Critical Slopes till the item is scheduled, heard, and acted on by the Board of Supervisors. The
applicant plans to address the SRC comments, submit revised plans, and submit a revised
critical slopes waiver request. When the critical slopes SE is revised please ensure the property
owner signs the application as required under Section 33.44(B).
1 Accessory use, building or structure. “Accessory use,” “building” or “structure” means a subordinate use, building or structure customarily
incidental to and located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to allow the primary
use, building or structure; provided that a subordinate use, building or structure customarily incidental to a primary farm use, building or structure
need not be located upon the same lot occupied by the primary farm use, building, or structure. For the purposes of County Code § 18-1.7(c)(2),
any street may serve any use or structure authorized by this chapter, regardless of whether the use or structure is on the same lot or in the same
zoning district as the street.
3
12. [4.12.19, 4.12.13(e)] Provide details on the plan to ensure the dumpster pads meet the
minimum design standards.
13. [32.5.2(n), 32.6.2(a)] Dimensions all existing and proposed improvements.
14. [32.7.5.1, 4.1(b)] Lot 1 shall be provided an onsite well for water service. Depict the well location
and connection line. VDH approval of the well is required.
15. [32.6.2(j), 32.7.9.2] The site plan requires substancial changes which will effect the landscape
plan. Additionally, an ARB application is required which will effect the landscape plan. Prior to
final site plan approval a landscape plan that complies with section 32.7.9 and encompass all
ARB requirements must be approved.
16. [32.6.2(j), 32.7.9.6] An area of at least five (5) percent of the paved parking and vehicular
circulation area shall be landscaped with trees or shrubs. The plan attempts to only apply this
requirement to ‘new’ paved areas; however, this is not the intent of this section. Revise to apply
the standard to all paved parking and vehicular circulation areas.
17. [32.5.2(a), 32.6.2(a), Section 24, Section 21, 4.20] Revise the setbacks on the cover sheet as
follows:
Building Setback for TMP 79-4P and TMP 79-4A
Front Minimum: 10 feet from the right-of-way
Front Maximum: None because the lots abut a principle arterial highway.
Side and Rear Minimum: Primary structure shall be separated in accordance with the current
edition of the Building Code.
Side and Rear Maximum: None
Parking Setback: Front Minimum – 10’ from the public street right-of-way
Building Setback for Lot 1
Front Minimum: 10 feet from the right-of-way
Front Maximum: maximum setback does not apply to the existing building
Side and Rear Minimum: Primary structure shall be separated in accordance with the current
edition of the Building Code.
Side and Rear Maximum: None
Parking Setback: Front Minimum – 10’ from the public street right-of-way
18. [32.5.2(a), 32.6.2(a), Section 24, Section 21, 4.20] On the plans label the distance TMP 79-4A
and TMP 79-4P are from the Montichello Historic district, which is across Rte 250.
19. [32.5.2(b), 32.6.2(a), 4.12.8(e)] As proposed 37 of the required spaces for the use on TMP 79-
4A are located on TMP 79-4P. On the site plan designate these 37 spaces. Ensure these parking
spaces are provided a sidewalk for pedestrians to safely access these spaces from TMP 79-4A.
Also, it is recommended that a shared parking agreement be developed and recorded prior to
final site plan approval.
20. [4.12, 32.6.2(a)] Parking spaces provided on Lot 4A are labeled as being 16’ in length; however,
they are truly 18’ in length. Revise the label.
21. [32.6, 32.4.3.2, 32.4.3.3] ARB approval of the final site plan is required.
22. [32.6.2(j), 4.17.4] Outdoor Lighting. Revise the lighting plan and photometric plan to utilize the
light loss factor (LLF) of 1. Ensure the spillover onto all public roads does not exceed 0.5
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23. [Comment] Revise the title of the site plan to be: “SDP2019-25 Major Site Plan Amendment
to SDP-218 and SDP2004-53 for Floor Fashions of Virginia”.
24. [32.5.1(c), 32.6.2(a), 32.6.2(g)] All required off-site easements, if any once revisions take
place, must be approved and recorded prior to final site plan approval. Recordation information
of this action shall be provided on the final site plan.
25. [32.6.2(h)] Revise the signature panel to provide a signature line for each member of the site
review committee. Please add a line for ARB.
26. [17-1004] Provide the required tier 4 assessment for County Engineering’s review and approved
prior to site plan approval.
27. [32.7.4.1, 32.7.4.2] Prior to site plan approval the WPO application must be approved.
28. [32.5.2(f), 32.6.2(a)] Provide the name and location of all watercourses and other bodies of water
adjacent to or on the site.
29. [32.4.3.6, 32.4.3.2] The site plan shall not be approved until all SRC reviewers have approved
the plan. Their comments are referenced below and attached.
Engineering – John Anderson
Requested changes, see attached review.
Virginia Department of Health (VDH) - Alan Mazurowski
Requested changes, see attached review.
DEQ – Brandon Kiracofe
Requested changes, see attached review email.
VDOT – Adam Moore
Requested changes, see attached review letter.
ARB - Margaret Maliszewsk
Requested changes, see attached review.
Building Official – Michael Dellinger
Requested changes, see attached review.
Fire and Rescue - Shawn Maddox
No objection, see attached review.
E911 – Andy Slack
No objection, see attached review.
Thomas Jefferson Foundation – Liz Russell
Thomas Jefferson Foundation provided the attached communication expressing concerns with the
underground wastewater treatment plant and associated dischare into a storwater drainage culvert owned
by VDOT, then through over private property of the Foundation (Shadwell Farm).
5
Staff has provided references to provisions of Chapter 18 of the Code of the County of Albemarle. The
Code is kept up to date by the County Attorney’s office. The Code may found on the County Attorney’s
website which may be found under “Departments and Services” at Albemarle.org.
In accord with the provisions of Section 32.4.3.5 of Chapter 18 of the Code if the developer fails to
submit a revised final site plan to address all of the requirements within six (6) months after the date of
this letter the application shall be deemed to have been voluntarily withdrawn by the developer. If you
have any questions about the comments please feel free to contact me.
Sincerely,
Christopher Perez
Senior Planner
Planning Division
1
Christopher Perez
From:Brandon Kiracofe <brandon.kiracofe@deq.virginia.gov>
Sent:Tuesday, June 25, 2019 8:56 AM
To:Christopher Perez
Cc:Dameron Jason jpb60155
Subject:RE: SDP201900025 Lowes and Floor Fashions - Major Site Plan
Mr. Perez:
Ryder Enterprises, LLC was issued VPDES Permit No. VA0092790 for the discharge of treated wastewater from Ryder
Enterprises Wastewater Treatment Plant (WWTP) located at 2305 Hunters Way, Charlottesville. The location of the
discharge from Ryder WWTP that was specified in the permit application and that was utilized in the development of
VPDES Permit No. VA0092790 is consistent with what is shown on the final site plan.
The design flow specified in the VPDES permit for the WWTP is 0.015 MGD. Part I.D.5 of VPDES Permit No. VA0092790
states, “Certificate to Construct (CTC) / Certificate to Operate (CTO) Requirement – The permittee shall, in accordance
with the DEQ Sewage Collection and Treatment Regulation (9VAC25-790), obtain a CTC and a CTO prior to constructing
and operating the wastewater treatment works. Noncompliance with the CTC or CTO shall be deemed a violation of the
permit.”
As part of the Application for a CTC, an Engineer’s Certification Statement Signature is required. Projects are no longer
reviewed by DEQ for compliance with the design requirements of the Sewage Collection and Treatment Regulations. It is
the responsibility of a licensed professional engineer in the Commonwealth of Virginia to certify that the design adheres to
the design requirements of the Sewage Collection and Treatment Regulations.
An application for a CTC for Ryder Enterprises WWTP has not been received by DEQ.
Sincerely,
Brandon Kiracofe
-----------------------------------------------
Brandon D. Kiracofe | Water Permits & Compliance Manager | DEQ - Valley Regional Office | (540) 574-7892
-----------------------------------------------
Brandon D. Kiracofe | Water Permits & Compliance Manager | DEQ - Valley Regional Office | (540) 574-7892
From: Christopher Perez <cperez@albemarle.org>
Sent: Friday, June 21, 2019 9:42 AM
To: brandon.kiracofe@deq.virginia.gov
Subject: RE: SDP201900025 Lowes and Floor Fashions - Major Site Plan
From: Christopher Perez
Sent: Friday, June 21, 2019 9:24 AM
To: jason.dameron@deq.virginia.gov; brandon.kircofe@deq.virginia.gov
Cc: John Anderson <janderson2@albemarle.org>
Subject: RE: SDP201900025 Lowes and Floor Fashions - Major Site Plan
Mr. Kiracofe and Mr. Dameron,
RE: SDP201900025 Lowes and Floor Fashions - Major Site Plan
2
I request that DEQ review the above referenced site plan for compliance with an approved DEQ permit (attached). To
view the plan electronically click on SDP201900025. Below is a brief description of the proposal. What is your estimated
time to provide review comments on this plan? Please give me a call if you have any questions.
PROJECT LEAD REVIEWER: Christopher Perez
PROJECT: SDP201900025 Lowes and Floor Fashions - Major Site Plan
MAGISTERIAL DISTRICT: Scottsville
TAX MAP/PARCEL: 079000000004P0 and 079000000004A0
LOCATION: 2305, 2424, and 2422 Hunters Way, at the intersection with Richmond Road.
PROPOSAL: Request for approval of a major site plan amendment to construct a new entrance on Hunters Way,
reconfigure and divide parcels, reconfigure drive aisles and associated parking for existing buildings. The existing uses of
office warehouse and commercial warehouse are proposed to continue. Associated with the request is a critical slopes
waiver request.
ZONING: HC Highway Commercial – commercial and service; residential by special use permit (15 units/ acre).
ENTRANCE CORRIDOR: Yes
PROFFERS: No
COMPREHENSIVE PLAN: Rural Area – preserve and protect agricultural, forestal, open space, and natural, historic and
scenic resources; residential (0.5 unit/ acre in development lots).
Christopher Perez | Senior Planner
Community Development Department
Planning Services
401 McIntire Road | Charlottesville, VA 22902
434.296.5832 ext. 3443
1
Christopher Perez
From:Liz Russell <lrussell@monticello.org>
Sent:Monday, July 01, 2019 3:36 PM
To:Christopher Perez
Subject:Comments RE: SDP2019-25 Lowes + Floor Fashions- Major
Attachments:2015-01-08_Ryder WWTP Comments (TJF) v.3_LGB SIGNED.pdf
Importance:High
Chris – please know that a letter will be coming to you but I wanted to make sure you had these comments in email form
before the end of the day. Thank you, as always, for the opportunity to provide comments.
Dear Mr. Perez,
This letter is in response to Project SDP201900025 Lowes and Floor Fashions - Major Site Plan, notification of which was
shared via SRC Distribution Memo 2019-05-20. The two TMPs, 79-4P and 79-4A, fall within the Monticello Viewshed;
additionally, the Thomas Jefferson Foundation (TJF) is an abutting property owner (79-7A) of Shadwell, a property
originally owned by Peter Jefferson, Thomas Jefferson's father. The property is the birthplace of Thomas Jefferson.
The Thomas Jefferson Foundation wishes to state concerns regarding the proposed Major Site Plan Amendment – the
primary concern is the underground wastewater treatment plant (WWTP) and associated discharge into a stormwater
drainage culvert owned by the Virginia Department of Transportation ("VDOT") under State Route 250 and then through
and over private property of the Foundation (Shadwell Farm) before (if ever) ultimately reaching state waters. TJF and
other abutting property owners received notification of this application via a letter dated June 5, 2019; however, neither
the letter nor the SRC Distribution Memo mention the WWTP.
In 2015, in addition to additional concerned parties, TJF attended public information sessions hosted by Albemarle
County regarding a permit for Ryder Enterprises to construct a wastewater treatment plant at this site (VPDES Permit
No. VA 0092720). Our concerns were communicated to the Virginia Dept. of Water Quality in a letter dated January
9, 2015 (letter is enclosed). With the assistance of a civil engineer, we outlined our concerns and questions
regarding the Permit.
Project SDP201900025, as presented, does not raise any significant viewshed concerns to the Foundation at this time;
however, we have significant concerns that Shadwell water quality
will, or may be, adversely impacted if the concerns and questions expressed in the January 9, 2015 are not addressed
by the applicant. There is not enough detail in the current application materials (site plan dated April 16, 2019 by
Meridian Planning Group, LLC.) to assess the type of WWTP and implications to water quality.
Thank you for the opportunity to provide comment.
Sincerely,
Liz Russell
Assistant Director of Facilities + Planning, Thomas Jefferson Foundation
2
Liz Russell | Assistant Director of Facilities + Planning
Thomas Jefferson Foundation, Inc. | Monticello
P.O. Box 316 | Charlottesville, VA 22902
Work: 434-984-7589 | Cell: 434-466-1275 | Email: lrussell@monticello.org
January 9, 2015
.Mr. Jason Dameron
Virginia Dept. of Environmental Quality
Valley Regional Office
4411 Early Road
P.O. Box 3000
Harrisonburg, VA 22801
RE: Ryder Enterprises, LLC; VPDES Permit No. VA 0092720
Mr. Dameron:
Lc:s uc: GRF.F.NE BowMAN
!'resident
I am writing on behalf of the Thomas Jefferson Foundation, Inc. ("Foundation"), to address
questions and comments and to request a public hearing concerning the draft permit for Ryder Enterprises,
LLC ("Applicant"); Wastewater Treatment Plant ("WWTP") VPDES Permit No. VA 0092720 ("Draft
Permit").
Thomas Jefferson Foundation, Inc.
The Foundation owns and operates Monticello, the mountaintop home of Thomas Jefferson and the
only home in America on the elite World Heritage List of the United Nations. As a private, nonprofit
organization, the Foundation receives no regular federal or state budget support for its twofold mission of
preservation and education.
Since 1923, the Foundation has steadily expanded its role as a museum and educational institution.
Its facilities now include the house and gardens on over 2,000 of Jefferson's original 5,000 acres; the Robert
H. Smith International Center for Jefferson Studies next door at Kenwood, a headquarters for Jeffersonian
research and teaching and home to the Jefferson Library; and the Thomas Jefferson Center for Historic
Plants, which propagates heirloom varieties and makes them available to institutions and individuals. The
Thomas Jefferson Visitor Center and Smith Education Center hosts state-of-the art exhibits for visitors of
all ages. It serves as the gateway to Jefferson 's timeless Monticello, preparing guests for their trips to the
historic mountaintop through dynamic content presenting fresh perspectives on Monticello and the
enduring significance of Jefferson 's life and ideas. About a half a million people visit Monticello each
year.
THOMAS ]EFFERSON FOUNDATION, INC.
Post Office Box 316 · Charlottesville, Virginia 22902 · www.monticello.org
Address
Mailing Address: Overnight Address:
Thomas Jefferson Foundation
Post Office Box 316
Charlottesville, VA 22902
Comments and Justification for Public Hearing
1070 Monticello Loop
Operations Cottage
Charlottesville, VA 22902
For the reasons set out in the numbered paragraphs below, the Foundation is concerned that
the Draft Permit, as currently written, may be inconsistent with, or in violation of, the State Water
Control Law (Va. Code§ 62.1-44.2 et seq .), federal law or the regulations promulgated thereunder.
1. The Foundation owns Shadwell Farm, a property originally owned by Peter Jefferson,
Thomas Jefferson's father. The property is the birthplace of Thomas Jefferson. Shadwell is
adjacent to the proposed WWTP and the Foundation is requesting a hearing because it
believes Shadwell will, or may be, adversely impacted if the concerns and questions
expressed here are not adequately addressed.
2. The WWTP will be located in Albemarle County's Entrance Corridor. Entrance Corridors
are streets that provide routes of tourist access to the County and to historic landmarks,
structures, and districts. The goal of this regulation is to ensure that new development in
these corridors reflects the traditional architecture of the area and that development within the
corridors is orderly and attractive.
3. A public hearing is warranted and due consideration given to the fact that Shadwell Farm is
located in the Monticello Historic District ("MHD"). The intent and purpose of the MHO is
to create a planned historic district:
a. To permit restoration, preservation, conservation, education, programs, research,
business and support activities, including fundraising activities for the public and/or
contributors, all of which are related to the operation of a historic house museum and
historic site at Monticello;
b. To promote the preservation, interpretation and enhancement of a unique historical
site;
c. To preserve significant tracts of agricultural and forestal land;
d. To be a district that is unique to those parcels which both belonged to Thomas
Jefferson and contain uses related to the operation of the historic site, in recognition
of:
1. the importance of Thomas Jefferson to the history of Albemarle County;
n. the importance of Monticello to the reputation, education, and economy of
Albemarle County;
2
111. Monticello as a unique element of the historical and architectural legacy of
Albemarle County, the nation, and the world, as recognized by its inclusion
on the World Heritage List administered by the United Nations Educational,
Scientific, and Cultural Organization.
See Albemarle County Code of Ordinances, Ch. 18, § 11.
4. The effluent will not enter a water of the state at the outfalL Instead, it is our opinion that the
effluent from the WWTP will need to pass through a stormwater drainage culvert owned by
the Virginia Department of Transportation ("VDOT") under State Route 250 and then
through and over private property of the Foundation (Shadwell Farm) before (if ever)
ultimately reaching state waters. Discharge permits do not convey property rights. See
9VAC25-31-190 G. Applicant has not sought, and does not hold any form or permission or
easement to discharge effluent to Foundation property.
5. The discharge from the WWTP is proposed to flow through a VDOT culvert that may be
inadequately sized to transmit both stormwater and treated effluent. If the VDOT storm
culvert is improperly sized to carry effluent and storm flow, this may result in flooding and
further release of effluent to private and public property and the roadway.
6. The Draft Permit makes reference to a nutrient trading. The Rivanna Water and Sewer
Authority ("Authority") has expended significant sums to upgrade its Moores Creek
Wastewater Treatment Plant facility as part of the Charlottesville-Albemarle community's
commitment to remove nutrients from the watershed at a level higher than that required by
law. If this WWTP requires trading to achieve its permit limitations, it could be seen as
undercutting this commitment by the localities and the Authority. Additionally, as worded,
the Draft Permit appears to allow the WWTP to discharge nitrogen and phosphorus into a
stream with critical flows of zero. Virginia DEQ should reevaluate the WWTP discharge
facility taking into consideration the limits of technology in the interest of minimizing stream
impairment.
7. The application stated that the facility would be designed for 0.015 mgd (15,000 gpd), to
serve 125 people. Please identify the building facilities that are planning to use the WWTP
and the basis for the design flow. The application addendum states that the operations
generating the wastewater include medical offices. We would also like to know where the
medical offices are located as none appear present at the address listed.
8. The effluent discharge is identified as flowing in an ephemeral stream for about 2,000 ft.
(0.42 mi.) This is essentially discharge to the surface ofthe ground in 7Q10 conditions, and
not to a flowing stream. We do not understand how the WWTP described could discharge
effluent from this secondary treatment facility at levels that will meet water quality standards
as 1 00 percent effluent.
3
9. Ammonia-N toxicity is pH dependent. If the effluent at the design flow does reach Bam
Branch, then the pH of existing discharges in the watershed may need to be considered. We
would be interested to know if the ammonia concentration in Barn Branch was evaluated or if
pH sampling of the stream was performed.
10. If the effluent does reach the stream, as an ephemeral stream, the receiving water does not
appear to be able to provide a minimal dilution of 1 0 to 1 . An extended failure of the WWTP
treatment could result in the discharge of partially treated, or even untreated, sewage.
11. The WWTP will be permitted as Reliability Class II. We would like to understand the
rationale for Reliability Class II shown in the Fact Sheet and not Reliability Class I. A Class
I facility would be equipped with an electrical generation facility. It is reasonable to
conclude that the location of the discharge, or potential discharge, due to the volume or
character, might permanently or unacceptably damage neighboring properties, the VDOT
right of way, Route 250, or adversely affect private property or the receiving waters or public
health and welfare during periods of short-term operations interruptions. See 9 V AC 25-790-
70. The facility should be considered for qualification as Reliability Class I.
12. The VPDES application indicates this WWTP is a tertiary treatment facility. We do not
understand how a Rotating Biological Contactor ("RBC") with a secondary clarifier may be
considered tertiary treatment.
13. No buffer zone is included in the Draft Permit. A 200 foot buffer zone is required for a
WWTP of this type. See 9 VAC 25-790. The site plan in the VPDES permit application
does not appear to meet the requirements of law.
Conclusion
The Foundation contacted Applicant and attempted to discuss the comments above with
Applicant directly. This attempt was rejected and a representative or vendor of the applicant referred
us directly to Virginia DEQ. The Foundation has valid and substantial concerns and respectfully
requests complete responses and a public hearing in accordance with Va. Code § 62.1-44.15:02.
Please refer questions or comments concerning this letter to our attorney, Dale Mullen, at
804.775.4710, dmullen@mcguirewoods.com.
Sincerely,. .. , .. --;;. ~ // y·--·
• J 1f j .l :1 (~· , ~?-~ A J1 11 11 . 61 /1 d \<:: -~~\jv l \:~: ... Y~ v v v v ;1 t/ v Vl-------------·----;
LESLIE GREENE BOWMAN
4