HomeMy WebLinkAboutSP201900006 Correspondence 2020-06-17Albemarle County Planning Commission
401 McIntire Road
Charlottesville, Virginia
Re: Proposed gas station on
Black Cat Road
SP2019-0006
Dear Members of the Planning Commission:
My wife and I live directly across Black Cat Road from the proposed gas station/convenience
store proposed by Tiger Fuel. I oppose this project. It would forever change my life and the
character of my rural neighborhood, adversely affect traffic directly in front of my house, and
would have bright lights at night that would unduly interrupt my life. Further, my neighborhood
cannot withstand the water usage from a commercial development. I'm elderly and may not be
able to attend the public hearings.
Please save me and my neighbors from this devastating, harmful project. Thank you very
much for your attention to this matter.
Very Truly Yours,
tv, r, , A, a?/L�
Jack McCormick
From: Brian Fitzgerald <brianfitzgerald@live.com>
Sent: Tuesday, February 4, 2020 9:38 AM
To: Planning Commission; Tori Kanellopoulos
Subject: Tiger Fuel Market @ Boyd Tavern
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Good morning,
My name is Brian Fitzgerald and my wife and I live at 4915 Moriah Way. We have lived here
since 2016. 1 understand that there will be a hearing this evening for Tiger market's proposed
project at Black Cat Rd and 1-64. 1 wanted to take a moment to speak in favor of the project, for
reasons that I note below. I will not be able to attend the meeting this evening.
While we appreciate the rural setting, there is a real lack of services for residents of our area.
The only options are to travel on 250 all the way to the Legacy Markets at 250/22 and the
traffic is often horrendous. Alternatively, one can drive all the way to Zion's Crossroads, which
presents its own set of issues. As a father of a one-year old, having to drive 15 minutes, each
way, to get milk for the baby is a real pain. Same goes for getting gas for the mower.
I appreciate the prior concerns that I have heard about increased traffic, potential light
pollution, water use, etc., but the need for services in this area outweigh those concerns. My
understanding is that Tiger has made a number of changes to their original plan to alleviate
these concerns as much as possible.
Tiger Fuel is a great local company and they are present in our community. I fear that if this
Tiger project fails, it's only a matter of time before another operator, who is NOT local, is able
to push their project through. We will all wish we had supported a true partner in the
community vs. an outsider with no local ties. Let's be honest here, if there ends up being an
issue with the project after it is done, Tiger is going to take the necessary steps to rectify the
issue. They will not want their reputation tarnished in the public eye. Also, most of us are on
propane in this area, and we are customers of Tiger Fuel. The last thing they want to do is anger
the locals and be a bad operator. I do not expect such loyalty to the locals from an outsider.
While others may not have written a note to the commission, I can tell you that a large number
of people in the area are for this project. There is a vocal minority with a loud voice that has
held this project up for too long. Please respect their concerns as we do, but ultimately allow
this project to move forward for the betterment of the area that we call home.
Sincerely,
Brian Fitzgerald
From: Tori Kanellopoulos
Sent: Tuesday, February 4, 2020 12:09 PM
To: Planning Commission
Subject: FW: Public comment against (Request Information on ) Signs 50, 51
From: Brian <veerhoff69@aol.com>
Sent: Tuesday, February 4, 2020 12:09 PM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>; Donna Price <dprice@albemarle.org>; Diantha
McKee) <dmckeel@albemarle.org>; Liz Palmer <Ipalmer@albemarle.org>; Ned Gallaway
<ngallaway@albemarle.org>; Ann Mallek <amallek@albemarle.org>; Bea LaPisto-Kirtley
<bkirtley@albemarle.org>
Subject: Re: Public comment against (Request Information on ) Signs 50, 51
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Mr Kanellopoulos, County Supervisors
Thank you for responding and providing more depth for me to understand the details around proposed
Variances for signs 50 and 51.
1 am not so sure that what I wrote previously is added to the "public commenting" as it seems that
phase of the process has passed.
In the Staff report link you provided (thank you@), I read every concern shared by the People making
public comments, and I share many of those. In the response "analysis" portion of the
report, Communtiy Members effected by such a zoning variance had there concerns addressed,
rationalized, but in most cases were not assuaged. It is evident the process leans to support putting the
gas station there. A mistake, in my opinion.
I find it hard to accept that a rezone made decades ago, during previous generations still apply in this
time and place. This is especially true with the use plans at Rivanna Village and nearby Zion XRoads in
Fluvanna
The fact the specific area has remained undeveloped while surrounding areas explode, speaks volumes
to this site's character and and it's value.
It is also notable that the existing Boyd Tavern Market on US Rt 250, has experienced a 2 decade string
of struggling and shuttered businesses. This illustrates very well the surrounding neighborhood is not in
need of this proposed use.
The approval of this special use would serve mainly the Interstate highway traffic and the owners of the
business, yet be a detriment to the County and the surrounding residents.
Please do not support a decision to permanently and completely alter this region, and based on wisdom
and plans from 30 and 40 years ago that are no longer relevant nor sustainable.
I may not be able to attend tonight's meeting, I haveCc with the County Supervisors in this
correspondence.
Kind Regards,
Brian Veerhoff
Sent from my Whone
On Feb 4, 2020, at 8:33 AM, Tori Kanellopoulos <vkanellopoulos@albemarle.ora> wrote:
Good Morning Brian,
Thank you for your inquiry and comment related to SP2019-6, Signs 50/51. Your
comments have been shared with the Planning Commission for their consideration. To
answer your question, in 1970 this property was rezoned from A-1 Agriculture (a district
that no longer exists, but is likely equivalent to the current RA Rural Area district) to B-1
Business (also no longer exists, but is likely equivalent to the current C-1 Commercial
district). In 1979, an additional portion of the property was rezoned to B-1, and in 1980
this property was rezoned to C-1 Commercial as part of a comprehensive rezoning by
the County. No action has been taken since 1980 to change the zoning of the property,
therefore it has remained C-1 Commercial.
The initial 1970 rezoning was for a gas station, and the 1979 rezoning/special use
permits were for an auction house. More information can be found in the staff report,
which discusses both the zoning of the property (C-1 Commercial) and the
Comprehensive Plan designation (Rural Area). The agenda for the Planning Commission
public hearing (this evening) can be found here.
Best,
Tori
Tori Kanellopoulos, AiCP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
From: Marsha Alley
Sent: Tuesday, February 4, 2020 9:49 AM
To: Tori Kanellopoulos
Subject: RE: Public comment against (Request Information on ) Signs 50, 51
You're so welcome!
----Original Message ----
From: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Sent: Tuesday, February 4, 2020 9:13 AM
To: Marsha Alley <malley3@albemarle.org>
Subject: RE: Public comment against (Request Information on ) Signs 50, 51
Thanks so much for sending these along, Marsha! It's really helpful - people email the PC, you, etc. and I
am hoping all the comments eventually end up back to me too!
----Original Message --
From: Marsha Alley <malley3@albemarle.org>
Sent: Tuesday, February 4, 2020 8:01 AM
To: Brian <veerhoff69@aol.com>
Cc: Stephanie Banton <sbanton@albemarle.org>; Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Subject: RE: Public comment against (Request Information on ) Signs 50, 51
Good morning! Thank you for your email!
It has been shared with the reviewer for this project.
Have a nice day!
Marsha
-----Original Message ----
From: Brian <veerhoff69@aol.com>
Sent: Monday, February 3, 202011:05 PM
To: Marsha Alley <mallev3@albemarle.org>
Cc: Stephanie Banton <sbanton@albemarle.org>
Subject: Public comment against (Request Information on ) Signs 50, 51
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Hi,
I am writing to inquire as to how this area is zoned Commercial (C-1)?
There are no public facing businesses along that corridor except the Liberty model home. That particular
business has select clientele that typically visit by appointment, and its curb presence is architecturally
consistent with the rural/residential nature of the area
Also...
A "public comment":
... gas stations are heavily trafficked locations.
One located beside the Interstate highway such as Is proposed under the variance request, will likely
service a huge amount of pass through motorists.
Another local service station serves little benefit to the local residents, who do not suffer for more
Convenience Store and Fuel Pump availability.
While this will certainly give substantial financial benefits for the property owner(s), it's contribution to
the local community will primarily be trash to dump and toxic wastewater flushed into a drainfield. At
the present time, there are no municipal water or sewage services to this site
Additionally, this is a departure from the "open field" rural and historical nature of the neighborhood.
Let this sort of growth activity remain in the currently designated, nearby, "by -right" Rivanna Village
development plan
Let's not add unneeded growth to this area. Such a heavy use for this site as is as proposed will only
further stress the capacity of this natural ecosystem.
It is a mistake to open this place to this sort of development at this time.
As a resident of the historic Three Chopt / Boyd Tavern / Mechunk Creek area in Eastern Albemarle, I
strongly oppose the variance of the zoning for signs 50 and 51 to build in this way.
Your consideration is requested.
Brian Veerhoff
Richmond Rd
Sent from my iPhone
From: Tori Kanellopoulos
Sent: Tuesday, February 4, 2020 5:10 PM
To: Planning Commission
Subject: FW: In favor of Market at Boyd Tavern
From: Olivia Branch <oebranch@gmail.com>
Sent: Tuesday, February 4, 2020 4:26 PM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Subject: In favor of Market at Boyd Tavern
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Albemarle Planning Commission
I am writing as a third generation resident on Black Cat Road in favor of the proposed development,
Market at Boyd Tavern.
The placement of the proposed Market will help alleviate traffic in the area due to the convenience of
products and services. The current options are to travel to Zion Crossroads or into Charlottesville.
Having a market in the middle of the two options will help have less traffic on roads for a shorter drive
time.
I feel conditions are in place to protect well water concerns; lighting at night; visual views from roads.
I enjoy the Markets at Tiger Fuel and visit 5th Street, and 250W locations. It will be a welcomed
neighbor and save me time and gas! Plus, they have a delicious sandwich named Keswick!
Thank you,
Olivia Branch
734 Black Cat Road
(This is my own personal endorsement and not in any form a voice on behalf of my position with
Pantops Advisory Committee)
Olivia E. Branch
oebranch@gmail.com
(434) 996-7201
'We the change you wish to see in the world"
Mahatma Ghandi
From: Vlad Wojcik <vlad@cloverhillfarmllc.com>
Sent: Monday, February 3, 2020 1:01 PM
To: Planning Commission; Tori Kanellopoulos
Subject: Boyd Tavern Market Support
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Dear Tori,
My name is Vlad Wojcik and my wife and I own property on Deerbonn Rd, off of Black Cat Rd, in
Keswick. I am writing you today in support of the proposed Tiger Fuel Market at Boyd Tavern. Our family
plans to build our dream home on our property at Deerbonn. I also manage Clover Hill Farm and
Oakdale Farm which are both in close proximity to the proposed site. From our perspective the store
would be a great addition to the community that would provide much needed services. I have a team of
people that work with me running these two farms and our options to go get a decent meal or to go get
the fuel we need to run all of our equipment are limited. We also like that Tiger is a local company that
takes good care of its employees and seems to genuinely care about preserving the rural character of
the area. I am a frequent customer at some of their other locations like Bellair Market and Mill Creek
Market, and the architecture and just the general feel of the stores is very welcoming. I would hate to
see some big national outfit come in and try to do something at the proposed property. Thank you for
taking the time to read this e-mail. I fully endorse this project as do all the folks on my team.
Sincerely,
Vlad Wojcik
Vlad Wojcik
Clover Hill, LLC
434-960-1890 (m)
300 Clover Hill Farm
Keswick, VA 22947
From: Tori Kanellopoulos
Sent: Monday, February 3, 2020 3:42 PM
To: Planning Commission
Subject: FW: Boyd Tavern Market SP201900006
From: Don Thornhill <dthornhill@bankersinsurance.net>
Sent: Monday, February 3, 2020 3:38 PM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Subject: FW: Boyd Tavern Market SP201900006
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
I cannot make the hearing on 02/04, but I am in favor of this project. I travel extensively on business and
live off Route 616. Many mornings, I need fuel and have to go into Charlottesville or Zion Crossroads,
which takes additional time. This market would provide convenience for the community. There was a
Boyd Tavern Market for many years providing some of the same services mentioned in this application
and that was a good thing for the community. I am not sure why others in the community oppose this
project, but I feel if it is already zoned commercial the owners should have the right to proceed with this
project.
Best Regards,
Donald W. Thornhill, AFIS, CIC, LUTCF
Senior Vice President - West
NCE
�t truivkwKt� to ensure tovnwow
630 Peter Jefferson Parkway, Suite 300 Charlottesville, VA 22911
434-977-5313 Office or 1-800-541-1419
434-977-3954 Fax
The information contained in this transmission is confidential, proprietary or privileged and may be
subject to protection under the law, including the Health Insurance Portability and Accountability Act
(HIPAA). The message is intended for the sole use of the individual or entity to whom it is addressed. If
you are not the intended recipient, you are notified that any use, distribution or copying of the message
is strictly prohibited and may subject you to criminal or civil penalties. If you received this transmission
in error, please contact the sender immediately by replying to this email and delete the material from
From: Carolyn Shaffer
Sent: Monday, February 3, 2020 7:19 AM
To: Tori Kanellopoulos
Subject: FW: Tiger fuel
Thank you,
Carolyn Shaffer
Clerk, Planning Commission and Boards
Albemarle County
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
www.albemarle.ora
email: cshaffer2@albemarle.ora
Phone: (434) 296-5832 ext 3437
Fax: (434) 972-4126
From: Gordon Giuliano<gordon.giuliano@feltongroup.org>
Sent: Sunday, February 2, 2020 7:56 AM
To: Planning Commission<PlanningCommission@albemarle.org>
Subject: Tiger fuel
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Dear Tori,
My name is Gordon Giuliano and I live at 3817 Richmond Rd and I have lived here for 12 years. I am
writing today in support of the Tiger Fuel project at Boyd Tavern. Our community desperately needs
something like this to serve the rural area. Currently if I want to get a good healthy meal, gas or
groceries my options are to drive all the way to Charlottesville or to Zion X roads where frankly the
options are not that appealing. Tiger Fuel is a great local company that treats its people well and builds
stores that are in sync with the rural character of this area. I think this project is the best possible option
for this property that is zoned commercial and right on the interstate. If Tiger does not succeed here I
am scared to think about what other big company like a Sheetz or a Wawa or maybe even worse would
do here. Thank you for your time. My family and I and countless other neighbors are in favor of this
project.
Sincerely,
Gordon Giuliano
Gordon Giuliano
Chief Financial Officer
Felton Group, LLC
0 Court Square
Charlottesville, VA 22902
o:434-270-8923
f: 434-220-3179
c:434-466-703S
From: Julian Bivins
Sent: Friday, January 31, 202010:44 AM
To: Tori Kanellopoulos; David Benish
Subject: Fw: Boyd Tavern Market
Attachments: Albemarle County Panning Commission.docx
Just in case....
Sent from my BlackBerry 10 smartphone.
Original Message
From: Nancy Smaroff <nsmaroff@gmail.com>
Sent: Friday, January 31, 2020 10:09
To: Julian Bivins
Subject: Boyd Tavern Market
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Hello. I have attached a document regarding the proposed Boyd Tavern Market which reflects my
research and reasoning why this project should NOT be approved, Thank you for your time to review. If
you have questions please feel free to call or email.
Nancy Smaroff, BS, MS
540-624-3720
Albemarle County, Virginia Planning Commission
Submitted by Nancy Smaroff, B.S., M.S.
January, 2020
I would like to take this opportunity to address a few issues that are minimally considered or
not included in the Special Use Permit for the Boyd Tavern Market, which was recently
approved by County Planning Staff. I find this approval most disconcerting as it appears these
issues were never adequately addressed or in some cases never mentioned.
1. The Boyd Tavern market is never identified as an interstate based hypermart, which
it clearly is, as it is only about 0.1 miles from 1-64. Yet, all data for traffic patterns
and water usage provided by Tiger Fuel are for markets miles removed from any
interstate. The impact of Interstate 64 traffic on Black Cat Road, Route 250, and the
Boyd Tavern community are never really mentioned or addressed. Why are not VDOT
AADT data included for the volume of 1-64 traffic at the 129 exit? Why were data
from the Sth Street Market not used, as it is owned by Tiger fuel and clearly is an
interstate market?
2. Additionally, there is never any mention of the impact traffic from Glenmore and now
Rivanna Village (Breezy Hill) will have on the Route 250 and Black Cat Road
intersection. When traffic is backed up in the morning commute from the Glenmore
area, many drivers turn onto Route 250 east and travel to the Black Cat Road
intersection to gain access to 1-64.
3. There is no mention of the signage that will be erected on 1-64 that will direct even
more traffic onto Black Cat Road. Interstate -based stations at Zions Crossroads (just
one exit away), as well as hypermarts at exits 143 and 159, draw many of their
customers from 1-64 traffic, often consisting of families, who are heavy users of water
resources. This is well documented by national travel data, but never addressed by
Tiger Fuel. Over 100 million travelers embark upon summer trips, most of whom will
be interstate travelers.
4. The topic of groundwater usage remains an elusive one, as the numbers keep
changing with every new document from Shimp Engineering and Tiger Fuel and are
often contradicted by their own statements and support documents. The last
projection is now for 644 gpd water usage. But that was based upon only four months
of data in a new location far from an interstate, with no summer months of heavy
travel. Before the 644 -figure, it was 800 gpd, both of which are totally unrealistic,
when interstate data are substituted. No reliable, documented source at an interstate
based hypermart, would support this low number. If Tiger fuel is so confident of this
last number, then why not install a tamper -proof shutoff valve that shuts off at 644
gallons per day? Does Tiger Fuel plan to store groundwater so when the 644 gpd is
reached, they can then turn on the reserve and circumvent the 644 gpd limit? Who
on the county staff will monitor this water consumption and warrant the accuracy of
on a daily basis?
Unanswered questions regarding groundwater resources:
1. Have any test wells been drilled on the property? If so, what is/are the well
yields?
2. Why and how were the well yield sites chosen for the Evans Tier III Study? Some
of the sites appear to be in the Everona Formation, which has much higher yields
than the Chandler Formation, which underlies the proposed market? It appears
that sites were chosen to skew data in favor of the applicant. I can find sites with
much lower yields that fit the selection criteria. Why were dry well data, of
which there are many in the area, not included in the Evans study?
3. Will the water for these wells come from the Chandler or Everona Formations, as
the Everona Formation produces much more water?
4. As this market will be situated topographically at the highest point in the
community, how much groundwater recharge will actually be generated on the
market site? The underlying soils are Nason and Tatum and are clay -based soils,
which haver small porosities and thus low to moderate permeability. It appears
that most groundwater recharge will end up near the fault zone and out of the
well locations for the project.
5. What is the estimated size/volume of the aquifer under the proposed site?
5. The Community and Environmental Defense Services, a leading national consumer
advocacy group with much international research, provides detailed guidance on
evaluating impacts of hypermarts such as the Boyd Tavern Market on street and
highway safety. For example, projected trips per day is never addressed within the
SUP.
"As a rough rule of thumb, each proposed pump at an interstate -based hypermart
station generates about 100 to 130 trips per day." By "pump" I mean fueling
position. The convenience store/restaurant itself alone will generate a minimum of
800 to 1,200 trips per day, and probably more. The standard reference for this
comes from the Institute of Transportation Engineers trip generation manual. My
own onsite data collection from a hypermart one interstate exit east, show a similar
trend. I have no idea where Shimp Engineering got their much lower data point of
only 727 projected trips per day, which are for rural markets and not an interstate
location. Why were data from the Sth Street Market, which clearly is an interstate
market, not used?
6. Language within the revised SUP talks about how stations with only 3-4 gasoline
pumps continue to change ownership or go out of business. This statement is used to
support the five gasoline pumps with 10 nozzles at the Boyd Tavern Market. In my
research I can find no statistical correlations or objective analyses to support this
statement. Nor can I find any guarantees in the Comprehensive Plan that ensures
profitability of any business venture.
The Community and Environmental Defense Services has conducted extensive
research on this topic of hypermarts and their predatory impact on small businesses
and found that it is entities such as the proposed Boyd Tavern Market that are a
major factor in driving these small operations out of business.
7. Health Effects: Is It Safe to Live Near a Gas Station? What impact does benzene and
automobile exhaust have on levels of air pollution?
It is never mentioned in any submission by Tiger Fuel, this Boyd Tavern Market would
be in a residential community. There are houses directly across the street and within
fifty meters of this proposed hypermart site. Prevailing winds blow toward these
homes.
A number of compounds injurious to human health, such as benzene, are released while
fueling a vehicle. Health effects range from nausea to cancer. The cancer risk posed by
gas station emissions stems from benzene and other compounds released to the
atmosphere while pumping gas. Following is a sampling of relevant research:
• A 2003-2004 study conducted in France documented a significant relationship
between childhood leukemia and living near a gas station.
• A 2010 study conducted in Spain documented elevated air pollution within 100
meters (328 feet) of a gas station.
• In 2012, Brazilian researchers found that air quality was significantly degraded up
to 150 meters (492 feet) from gas stations.
• A 2018 study of two U.S. gas stations found that benzene emissions from
underground gasoline storage tank vents were sufficiently high to constitute a
health concern at a distance of 160-meters (518-feet).
Benzene is arguably the gasoline constituent most harmful to human
health. Adverse health effects of benzene include cancer, anemia, increased
susceptibility to infections, and low birth weight. According to the World Health
Organization Guidelines for Indoor Air Quality there is no safe level for benzene. The
following studies document the extent of benzene releases from gas stations:
• A study published by the Canadian petroleum industry found average benzene
concentrations of 146 and 461 parts per billion (ppb) at the gas station property
boundary in summer and winter, respectively.
• A South Korean study examined outdoor and indoor benzene concentrations at
numerous residences within 100 feet and between 196 to 328 feet of gas stations
and found median outdoor benzene concentrations of 3.1 and 1.9 ppb, respectively.
Median indoor concentrations at these locations were higher, reaching 4.1 and 5.2
ppb, respectively.
• Another study found median ambient benzene levels of 1.9 ppb in houses both <165
and >328 feet from a service station.
• Yet, another study found that benzene and other gasoline vapor releases from
service stations can be discerned from traffic emissions as far as 246 feet from
service stations and that the contribution of service stations to ambient benzene is
less important in areas of high traffic density. This is because vehicle exhaust is
usually the most abundant volatile organic compound (VOC) in urban areas, often
followed by gasoline vapor emissions from fuel handling and vehicle operation.
8. Convenience store hypermart hold-ups/robberies account for about 6% of all
robberies in the United States. One study noted that: "Convenience store employees
suffer from high rates of workplace homicide, second only to taxicab drivers."
A study of this relationship found an increasing trend as the number of alcohol outlets
in an area rose. Following is a principal finding from this study: "A larger number of
alcohol outlets and a higher rate of violence might be expected in poorer
neighborhoods or in neighborhoods with a larger population of young people. But as
the research described above shows, even when levels of poverty and the age and the
ethnic background of residents are factored into the equation, alcohol outlets are
strongly related to violence regardless of a neighborhood's economic, ethnic or age
status."
9. How Do Hypermarts Affect Property Value?
A hypermart can lower the value of nearby homes. One of the most plausible effects is
on mortgages. Federal Housing Administration (FHA) insured mortgages are not
available for properties located within 600 feet of tanks capable of storing 1,000
gallons or more of gasoline or other flammable -explosive materials. This restriction
appears in Section 2-2M of the HUD Handbook Valuation Analysis forSingle Family
One- to Four- Unit Dwellings. Most gas station storage tanks have a capacity far in
excess of 1,000 gallons.
A Georgia study noted that commercial development in general can depress
residential property value. However, this study examined homes located 0.5- to 1.0-
miles distant. Several studies documented that commercial uses can depress nearby
property value but not at a distance. In King County, Washington commercial uses
were found to depress residential properties within 300 feet but not beyond 1,000
feet or so.
10. Fires and Explosions Associated with Gasoline Stations
The following excerpt is from a U.S. Department of Housing & Urban Development
report and shows that while gas station fires -explosions may not be common, they do
occur often enough to be a concern for nearby residents:
"During the five-year period of 2004-2008, NFPA [National Fire Protection
Association] estimates that U.S. fire departments responded to on average of 5,020 in
service or gas station properties per year. These fires caused an annual average of two
civilian deaths, 48 civilian fire injuries, and $20 million in direct property damage."
Homes directly across the street from this hypermart are downwind of prevailing
winds and would be subject to fire and explosion damages.
11. Visual Impacts
Few homeowners would choose a hypermart as a positive in their viewshed. Well
vegetated perimeters and other visual buffering methods can do much to reduce this
impact. But, the buffer must be dense enough to achieve nearly 100% opacity.
However, at the same time, trespassing after hours, increased littering, and increased
rates of crime are associated with such buffers.
Will trees that were cut down so as to allow a view of this hypermart from the
interstate be replaced?
Conclusions: There are already ten hypermarts (combination gasoline, convenience
store, and restaurant) located within a seven -mile radius of the proposed location. Do
we really need one more in already existing residential community? If the rural
environments in Albemarle County are to be preserved as described within the
Comprehensive Plan, then this Boyd Tavern Market is simply in the WRONG LOCATION.
Another interstate location where there is less environmental impact and water is more
readily available would be more appropriate.
From: MATTHEW J BASSIGNANI <Yhw3ETAy5@protonmail.com>
Sent: Wednesday, January 29, 2020 1:04 PM
To: Mako099 BASSIGNANI; Alan Higgins
Cc: Donna Price; Planning Commission; Tori Kanellopoulos; Hays Lantz
Subject: FW: SP2019-6 Boyd Tavern - agenda and staff report February 4
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Dear Albemarle County Board Supervisor member Ms. Donna Price, planning
commission and planning staff (Tori Kanellopoulos):
My name is Matthew Bassignani. I live in Albemarle at 4653 Vista Court in Troy
VA. This project will directly affect myself and my neighbors and I wanted to write and
to express to you my complete opposition to this proposal.
We have a beautiful little neck of the county that is quite close to Charlottesville proper
and all the conveniences that it has (e.g., gas stations, fast food and other amenities
that this proposal is supposed to be touting as things that need to be placed at exit 129
at Boyd Tavern). The area is sometimes congested with traffic for those making their
way to Charlottesville or other directions on route 64. But overall, we have a lovely,
bucolic environment and neighborhood that is precisely my reason for living here. That
is to say, it is AWAY from the hustle and bustle of Charlottesville and other developed
areas of Albemarle. I am safe from the traffic jams, the noise, the refuse pollution, the
light pollution, the car accidents, the gasoline fumes, the frustrated road -ragging drivers,
etc. here in Troy. The proposal by South Creek Investments, Inc. will upend all of that and for
no good reason other than to make some money. We do NOT need a gasoline station
less than 9 miles from Charlottesville. We do not need fast food less than 9 miles from
Charlottesville. We CERTAINLY do not need the added traffic and pollution. This
proposal serves no practical purpose to the community here in Troy or surrounding
communities given our proximity to all these services in Charlottesville 9 miles
away. As far as I can tell it only serves the needs of South Creek Investments, Inc. What it
does do is increase all the negatives that come with this proposed project as stated
above (noise, traffic, pollution, etc.).
I cannot state any more forcefully that I OPPOSE this project. I am, unfortunately, out
of town starting this Friday and I will miss the planning meeting. However, I. am an
active participant in my right to vote and I will pay particular attention to those who
support this project. I am counting on our country and it's elected officials to preserve
my community as is and place themselves firmly on the side of your constituents.
Most sincerely,
Matthew J. Bassignani, MD
4653 Vista CT
Troy, VA 22974
From: Megan Nedostup
Sent: Wednesday, January 29, 2020 3:58 PM
To: Tori Kanellopoulos
Subject: FW: Proposed gas station on 616
Megan Nedostup, AICP
(pronounced nuh-DAHST-up)
Principal Planner
Community Development Department
Planning Services
ph: 434.296.5832 ext. 3004
From: Rick Randolph <rrandolph@albemarle.org>
Sent: Wednesday, January 29, 2020 3:30 PM
To: Dana Tarrant <keswickhoo@gmail.com>; Planning Commission
<PlanningCommission@albemarle.org>
Subject: Re: Proposed gas station on 616
Dear Dana,
No such permit has been issued by the County. The first public hearing regarding the applicant's revised
application is this Tuesday before the Planning Commission. Under Virginia law, regardless of what the
Commission decides, the final decision whether to permit the SP rests with the Board of Supervisors at a
subsequent meeting of that body.
Best regards,
Rick
Get Outlook for iOS
From: Dana Tarrant <keswickhoo@gmail.com>
Sent: Wednesday, January 29, 202010:05:48 AM
To: Planning Commission<PlanningCommission@albemarle.org>
Subject: Proposed gas station on 616
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Dear Sirs/Madams: It has come to my attention through recent emails that a special use permit has
been approved for Tiger fuel to build a five pump gas station on state Route 616. 1 live on Mechunk Road
which is just perhaps 25 yards from where the entrance to this gas station would be. This is already a
very congested area and it is my understanding that the entrance to this gas station would be near the
curve in the road with a potential for significant traffic accidents. The school bus stops at the end of our
road and a number of children get on and off that bus twice a day during the week. I am very concerned
about the water usage of this proposed gas station which will be much greater than the 670 gallons
which they claim will be their daily usage. With a minimum of several hundred cars stopping there each
and every day of the week, They can't possibly use that little water. And they state they would put on a
limiting device up to 700 gallons. No one will enforce that, especially not them. And what would happen
if they use more? Is there a cut off of their water, certainly not! Tiger fuel is assuming people don't have
common sense to think about what will happen. I would urge each and every member to reconsider and
think about the long-term effects of having a filling station off of every exit of the interstate in Albemarle
County. This is a rural community and it is just a shame to think what a filling station will do. Sincerely,
Dana Tarrant
Sent from my Whone
From:
Julian Bivins
Sent:
Monday, February 3, 2020 2:28 PM
To:
Tori Kanellopoulos
Subject:
Re: 616 market
Thank you Tori.
Sent from my BlackBerry 10 smartphone.
Original Message
From: Tori Kanellopoulos
Sent: Monday, February 3, 202014:04
To: Planning Commission
Subject: FW: 616 market
Not sure if this also made it to the Planning Commission - I am trying to make sure any messages I
receive have also been sent to the Commission.
Tori
-----Original Message -----
From: Carol Crickenberger <caroll540@comcast.net>
Sent: Tuesday, January 28, 2020 7:59 PM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.orQ>
Subject: 616 market
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
I live in Running Deer and do approve of the market at 616. 1 have to go to Zions for a small amount of
groceries as Shadwell store is too difficult to park and get in and out. Thanks Sent from my Whone
A Perspective on the Proposed Boyd Tavern Market
Mill Creek Market Showing One Less Pump than Proposed for the Boyd Tavern Market.
This Mill Creek Market is over two miles from the nearest interstate, and all the patrons I spoke
with this day (February 21, 2020) were local.
Dr. Hays Blaine Lantz, Jr.
4640 Vista Ct.
Troy, Virginia
540-624-9109
hayslantz@gmail.com
June,2019
Revised January, February 2020
Table of Contents
Abstract............. ......... ......... ........, ......... ........
................... 3
Introduction.........................................................................................................
6
Comparative Situations .................................. ........: ......::
.................7
Location, Location, Location ..................... ........................ ..................
................... 8
The Boyd Tavern Community ......... ......... ......... .........
................... 9
Availability of Water Resources...........................................................................
10
Shimp Engineering Letter of July 21, 2017..........................................................
12
EvansReport.........................................................................................................
13
Studies of Groundwater Resources.......................................................................
17
Current Database of Well Yields in Boyd Tavern Area .......................................
18
WaterUsage..........................................................................................................
18
Comparative and/or Predictive Data.....................................................................
19
UnansweredQuestions..........................................................................................
20
Conclusions..........................................................................................................
21
References........_......................._......................._......................._......................._....
21
Video of Mill Creek Market (Tiger Fuel) Located More than Two Miles from I-64
***Reader Please Note: Parts of this document appear in regular type and were drafted in 2017/2018
in response to various documents submitted by Shimp Engineering, including the original Special Use
Permit. Type which appears in italics builds upon my original response and is largely based upon the
2019 revised SUP. Additional Comments have been added following the February 4, 2020 public
hearing in which the Planning Commission voted unanimously to deny the SUP. If parts of this
manuscript appear to be redundant, I apologize, for this has been revised and updated to reflect ongoing
responses to many documents submitted, revised, and then resubmitted by Tiger Fuel, Shimp
Engineering, and County Planners. Thank you for your time to review and if there are questions or
comments, please feel free to contact me.
Dr. Hays Blaine Lantz, Jr. 2020
4640 Vista Ct. Troy, Virginia 22974
Abstract
The Boyd Tavern Market proposed by Tiger Fuel is a combination gasoline/convenience
store/fast food restaurant (often defined as a hypermart in the literature) consisting of a one-story
building of approximately 4,000 square feet, along with twelve gasoline pumps, and additional areas for
eating outdoors and parking. This proposed venture has created much concern and consternation among
residents of the Boyd Tavern community, as it would significantly and forever alter the rural
environment of the community by bringing much increased volume of traffic, particularly off Interstate
64 at the 129-mile marker, along with associated noise and light pollution. Traffic would be routed off
I-64 onto Black Cat Road, a narrow two-lane country road that already serves as a heavily traveled
commuter route for people living in the far eastern part of Albemarle County and adjoining Fluvanna
County. It is well documented both historically and scientifically, this hydrogeologic area of
Albemarle County has issues of inadequate groundwater resources as it has produced many dry wells or
wells of low water yields, which have been a challenge for residents of the Boyd Tavern community.
In fact, a number of dry wells and/or wells of low yield were drilled on the proposed site about
fifteen years ago, but these were never reported by Skimp Engineering or Dr. Evans in his Tier II
Groundwater review. The applicant at that time withdrew their plans for a business venture, based
upon these findings.
The Bellair and Mill Creek Markets, and now the Market at Ruckersville, used by Tiger Fuel for
comparative and predictive purposes for traffic patterns and water usage, do not serve as comparable
situations as none are an interstate market, and all are located miles from I-64. The Boyd Tavern
Market would be only 0.1 miles from the interstate, and therefore is clearly an interstate market.
3
Additional Response to Revised SUP Revision Dated December 10, 2019
Observations/Inferences: The revised SUP states the building will be about 4, 000 square feet
with five gasoline pumps and 10 nozzles. There has been a reduction of one gasoline pump from the
original application. However, this still does not fit the definition of a rural market. Rural markets that
sell gasoline are defined as having three or less pumps with a maximum of six no__les. The justification
for this minimal reduction in the number of pumps (i.e. stations with less than three pumps go out of
business) is based upon speculation and little more, with no statistical or objective correlation provided
by the applicant. Gasoline sales at hypermarts constitutes about 80% of their business.
The overall footprint of the building and site have changed little. The location of pumps,
parking, lighting, and the building itself have been revised, but the overall original design is still there.
For example, there are no reductions in the size of dining areas, food preparation and serving areas,
number of tables, allotted parking spaces, or in the number of restrooms and associated plumbing
fixtures. Traffic flow will largely be unaltered to and from the two-lane Black Cat Road and water
consumption will unlikely be reducedfrom the original, but still largely unsubstantiated and elusive
estimate of 800 gpd The applicants are now projecting daily water usage of 644 gallons, with
installation of a 700 gpd shutoff meter/valve. These water usage numbers are constantly shifting with
no substantial data/evidence to support any of these metrics. In fact, none of these projections for water
usage are consistent with national data for interstate based hypermarts. The increased volume of
traffic with resultant noise, lighting, security, trash, etc. are still largely unaddressed. Route 250 and
Black Cat Road are already gridlocked during commuting hours, and Rivanna Village and Glenmore
will only add more traffic, for when Route 250 west toward Charlottesville is backed up, many drivers
resort to travelling east on 250 instead to the I-64 Exit 129 Interchange.
The two sites (Mill Creek and Belair), which have been used before for comparative purposes in
the original SUP, have not been included in the revised SUP. Why? Perhaps the applicant was well
aware neither was an appropriate and/or comparable interstate location and thus had received much
criticism for these choices; or could it simply be the datafrom the new site at Ruckersville are more
favorable? Nevertheless, the Market at Ruckersville, which has been open for less than six months and
is served by dual lane highways, is now the new site used for water consumption and traffic
comparisons. It should be noted these current comparative data for water usage are for four months
only and do not include the heavily traveled summer months.
In the project narrative, there are two largely unsubstantiated and misleading quotes. The first
of which, "A Tiger Fuel Market at this location would serve a portion of the county that is heavily
traveled but largely underserved with appropriate services for the area. " Another quote is, "It also
should be noted that many of the stations provided as examples with two or three gasoline dispensers
continue to go out of business and undergo change of ownership. " Neither of these statements is
backed up with any objective analyses or data and are a matter of opinion. There are currently ten (10)
such hypermarts (defined as a combination ofgasoline, convenience store, and restaurant) within a
radius of seven (7) miles of the proposed site. Do we really need one more?
4
To justify the five pumps proposed for the Boyd Tavern Market, two stations are included in the
revised SUP as being in the rural areas of the county and havingfour and five gasoline pumps — the
Exxon at Louisa Road and route 250 three miles east of Charlottesville, and the BP off exit 107 in the
Crozet area. Anyone travelling these two locations would not think of them as being rural, as both are
heavily traveled by all types of vehicles, including 18-wheel tractor trailers, and are served by dual
lane and/or multiple lane highways. The rush hour congestion at the intersection of routes 22 (Louisa
Road) and 250 at the Exxon are well documented. Just ask the residents of Glenmore! To use these two
sites as examples of rural stations is indeed a stretch. If these are great examples of rural stations with
the number of pumps projected for the Boyd Tavern Market, then why are their water usage data not
used as well, instead of a newly established market in Ruckersville? Because of the volume of tragic at
the Route 250/Route 22 intersection, VDOT has recently added barriers on Route 250 to prevent tragic
from exiting the Exxon Station directly onto Route 250. Additionally, I would hardly consider this a
rural location as VDOT states the AADT (Annual Average Daily Trips) to be almost 15, 000 vehicles.
Questions: Why is the Srh Street Market, which is owned and operated by Tiger Fuel, still not
used for comparison data, as it is clearly an interstate -based location with years of usage data? I have
requested these data repeatedly! Why is the proposed Boyd Tavern Market still not classified as an
interstate- based station? Why is the Sheet_ Station at Zions Crossroads still not used as a comparable
situation, as it is comparable in footprint and support facilities? How can this part of Albemarle
County be underserved when there are ten gasoline/fast food establishments within seven miles either
way of the proposed market? If this part of the County is already heavily traveled with commuter
tragic, why add to the congestion? If local traffic at Black Cat Road and Route 250 consists of an
average of 9300 vehicles each day, where are the numbers for how much more I-64 tragic will add to
this congestion?
Where are the statistical correlations or other objective analyses that stations with only two or
three gasoline dispensers continue to go out of business? Are there not just as many other plausible
variables which could account for and correlate to businesses changing ownership, other than the
number of gasoline pumps? What role does predatory pricing from hypermarts play in such Mom and
Pop businesses closing?
Additional Comments Following February 4, 2020 Public Hearing with Planning Commission
Mr. David Sutton, President of Tiger Fuel, stated during the hearing that the reason he did not
use data from the 5' Street Market is that "it would have been favorable for Tiger Fuel to have
done so." What - I am confused. If it had been of benefit, why would he have not used it? In
fact, I have requested these data repeatedly from Shimp Engineering without any
acknowledgement whatsoever.
2. Mr. Sutton also indicated he wanted the Market at Boyd Tavern to operate 24-hours a day for
gasoline sales, so he could recoup his $100,000 investment. Lighting would have to remain on
5
during this time as well he stated. Forget seeing the night sky from this community ever again.
How does this concept of around the clock 24-hour gasoline sales fit the definition of a rural
market/convenience store, as defined within the Comprehensive Plan? The proposed Boyd
Tavern Market appears to be more of a convenience store disguised to largely support gasoline
sales than anything else and to attract traffic from nearby I-64. Give an inch, take a mile seems
to be the Tiger Fuel mantra not only here but anywhere such a market is approved! For
example, at the Re -Store `N Station on U.S. 250, an extension of hours of operation, additional
fuel pumps and the ability to allow the fuel pumps to operate around the clock have been
requested. These are called predatory practices!
Introduction
From the time I first learned of the proposed Boyd Tavern Market by Tiger Fuel, I have become
quite interested in the project as I live about 0.3 miles from the market site, just off Union Mills Road
in Keswick Farms, and drive by the site almost daily. I have attended a number of meetings dating
back to 2017, reviewed every document submitted by Tiger Fuel along with the County Planners'
responses; and have researched groundwater studies and databases of well yields dating back 40-50
years.
My academic and professional background is in biology/environmental science and science
education with degrees in biology from James Madison University and a doctorate from the University
of Virginia. I do not pretend to be a hydrogeologist, but I do understand basic relationships and
interactions of soil types, fault zones, water filtration/movement, surface water, ground water, aquifers,
water quality, and general hydrology as they relate to environmental science and biodiversity. I have
conducted and published water quality studies for Friends of the Shenandoah River; Friends of the
North Fork of the Shenandoah River; Shenandoah University; and Lake Laura, Bryce Resort,
Shenandoah County, Virginia. Although these were not primarily water quantity studies, they
nevertheless had to touched upon groundwater resources as well, for water quality and quantity are
certainly related issues.
I have spoken and asked questions at public meetings and hearings, emailed Shimp Engineering
with questions, and have sought to gain a better understanding of the project over a period of about two
years. I either get no answer, or generalized, nebulous, and evasive answers, which is frustrating when I
would like details. I do not believe the applicant has been forthcoming with information, as was most
evident during the recent community meeting on May 22, 2019, which was conducted at the East
Rivanna Community Firehouse. After a brief talk by the President of Tiger Fuel extolling the virtues of
the company, two visuals were shown with little to no explanation and then it was opened to questions.
I had emailed Shimp Engineering (Kelsey Schlein) about one week prior to the Community meeting
with a series of questions and received a reply about twenty-five minutes before the meeting convened,
which gave me no time to digest her response and/or formulate additional comments and questions.
Later in the week I followed up with additional email questions to Ms. Schlein, which centered mostly
on the comparative data Tiger Fuel used from the Mill Creek and Bellair Markets and not the 5t' Street
Market; these data were used to calculate projected water usage at the Boyd Tavern Market. To date I
have received no acknowledgment or response to this email.
6
As a greatly concerned citizen and potential neighbor to this project, I wanted to register my
observations and inferences, as well as related analyses and syntheses for opposing this project. I am
in no way opposed to business and industry, and am not anti -growth, as my family members and I have
worked in construction, banking, medicine, education, retail, finance, and entrepreneurship. In fact, my
propane is supplied by Tiger Fuel. The biggest problem I have with this Boyd Tavern Market is
simply location. I cannot think of a worse location for an interstate market than this site for the
reasons I will detail below. I have no problem with another site that is better suited for the volume of
traffic and drain on groundwater resources this project will bring.
Comparative Situations
Tiger Fuel representatives have often touted their experience with interstate -based
gasoline/convenience store/fast food restaurants. Yet, none of the locations cited by them for their
comparative and predictive data are located near an interstate, nor on a two-lane highway that already
serves as a heavily traveled commuter route. The Bellair Market (2 miles from interstate I-64) and Mill
Creek Market (3 miles from interstate I-64), which are often cited by them as interstate markets, are
served by multilane highways, and are considerable distances off the interstate. In addition, there is no
signage that would direct interstate travelers to either of these markets. In fact, if you did not know of
the location of these two Markets, they would be difficult to find. I have visited both markets on a
number of occasions over the past several years and the volume of traffic is nothing like what I see at
interstate stations, such as their 5th Street Market or the Sheetz station at Zion Crossroads. The majority
of customers I encounter at both Bellair and Mill Creek consist of local residents. However, online
reviews of their 5th Street Market reveal things such as "the station is easy to get to from the interstate"
and "it is usually a very busy station." Why is this location not used for comparative purposes? In my
opinion, neither the Mill Creek nor Bellair Market location serves as a positive or equivalent
correlation. Therefore, data extrapolated from these two Markets do not serve as a reliable or
creditable foundation for interstate market/convenience store/fast food restaurant comparisons.
Additional Response to Revised SUP Revision Dated December 10, 2019
Observations: The Market at Ruckersville is now the site used for water consumption
comparisons. It is a new location with little history of usage. Four months of water usage reveal a
mean of 644 GPD, with no details ofwhere on the premises (i.e. restrooms, dining, food preparation,
etc.) this water was consumed. These current comparative data for this new site consist of four months
only and do not include the heavily traveled summer months, nor is this an interstate -based location. In
conversations with employees of both the 5`h Street Market and the Sheetz station at Zions Crossroads,
they readily acknowledge that much of their traffic and business consists of interstate travelers, often
comprised of families who are heavy consumers of water in restroom facilities, food preparation, and
drinking fountains. Little to no mention of the impact that interstate traffic will have on the Boyd
Tavern Market appears in the revised SUP proposal.
7
Questions: Why is the 51 Street Market still not used for comparison data, as it is clearly an
interstate -based location, as is the proposed Boyd Tavern Market? Why is not the Sheetz station at
Zions Crossroads a comparable situation?
Location, Location, Location
The proposed Boyd Tavern Market would be the only commercial enterprise of note at mile
marker 129 offI-64 exit, and is only 0.1 miles off the interstate exit. This exit routes traffic onto Black
Cat Road, which is a narrow two-lane highway that already serves a large number of commuters and
local traffic each day. The VDOT AADT data for this location is 9300. Additionally, a review of the
site plan reveals the entrance to the Boyd Tavern Market would be on a blind curve. The traffic light at
the intersection of routes 250 and Black Cat Road/Union Mills Road is often backed up 20-30 vehicles
deep during the morning commuter traffic (7-9:00 am) and often extends back past the entrance to
Keswick Farms. During the evening commute (4-6:00 pm) the traffic is often equally backed up in the
opposite direction off the interstate exit. Noise levels along Union Mills Road and Black Cat Road are
greatly elevated (up to 120 decibels) during the commuter rush hours, much due to jake-brake trucks.
However, if one were to travel this route in the middle of the day they might be deceived as the volume
of traffic then does not begin to mirror rush hour traffic. I travel this intersection often as it is my access
to 1-64 and route 250. So, this is an actual observation and not an inference. The president of Tiger Fuel
stated during the May 22, 2019 community meeting the market would not service large diesel trucks,
recreational vehicles, trailers, and other similar vehicles. How does he propose to stop them? Once on
the two-lane Black Cat Road with a blind curve entrance/exit, where will these large vehicles turn
around? A comparably situated interstate station/market (Sheetz) at the Zion Crossroads exit, with a
comparable number of twelve gasoline pumps, is highly congested throughout most days with such
vehicles. For example, on Tuesday June 4, 2019, I witnessed six large RV's and trailers at the gasoline
pumps at Sheetz (more details on this later). How these large vehicles would navigate and turn on an
already busy two-lane highway is going to be a significant challenge. The Sheetz station is serviced by
a multilane highway (four lanes). Traffic congestion on Black Cat Road and Union Mills will be a
major issue. I have attached recent video of the Sheetz station at Zion Crossroads, which I believe to
be a comparable situation, that clearly demonstrates and reinforces this traffic congestion issue.
Additional Response to Revised SUP Revision Dated December 10, 2019
Inference: Signage placed on Interstate 64 would clearly indicate the location of both an eating
and gasoline facility at mile marker 129.
Questions: How will Tiger Fuel control the flow of traffic from the interstate, which will
certainly contain large 18-wheel tractor trailers, RV's, travel trailers with tow -vehicles, box trucks,
farm equipment and other similar vehicles? The height of the canopy at 14 feet 6 inches allows for all
of these vehicles to enter the site. How much will traffic be impacted with such vehicles attempting to
turn left out of the Market to get back to I-64? Does Tiger Fuel plan to propose the installation of a
traffic light at this site, which will only add to traffic congestion
0
The Boyd Tavern Community
The Boyd Tavern Market would reside in a residential community, with surrounding homes less
than fifty meters away. This is freely acknowledged by Tiger Fuel in their May 20, 2019 Shimp
Engineering application document in which they also call the proposed Market a "community gathering
place." As I am sure Tiger Fuel knows at this juncture, the Boyd Tavern community does not perceive
this as a community gathering place, but rather sees it as a community destroying venture. Mr. Greg
Duncan, Esquire has over one hundred local signatures on a petition requesting this project be denied.
The impact of interstate traffic on this "community gathering place" is in no way acknowledged or
explained by Tiger Fuel. Obviously, the location of this Boyd Tavern Market is designed as a draw for
interstate traffic. Greatly increased volume of traffic along with associated noise and light pollution will
be introduced into this quiet neighborhood for much of the day and night. When asked at the May 22,
2019 Community Meeting whether Tiger Fuel would consider closing this market at dark, the answer
was a resounding NO. Hours would extend to at least ten o'clock pm, according to the president of
Tiger Fuel. The Tiger Fuel Markets at 5fl' Street and Mill Creek are open 24 hours, and Bellair is open
until 11:00 pm. These adjacent families will never know any peace or quiet again, and I cannot imagine
anyone wanting to purchase these properties in the future. So, these home/property values will
necessarily be devalued because of the Boyd Tavern Market. There is much research to back this. The
Markets at Bellair, Mill Creek, Ruckersville, Orange, and 5th Street Station are all located in
commercial zones with many other businesses nearby, with residential housing being some distance
removed. If one wants to change quickly the rural environment of the Boyd Tavern community, then
this Market will accomplish that. The communities of Boyd Tavern and other Tiger Fuel Market
locations are NOT comparable.
Additional Response to Revised SUP Revision Dated December 10, 2019
Observations: Tiger Fuel has proposed the hours of operation to be 5: 00 am to 11:00 pm (18
hours daily for seven days per week). Intermittent noise levels of 80-90 decibels and beyond can be
anticipated, along with much increased lighting. Signage placed on Interstate 64 would clearly indicate
the location of both an eating and gasoline facility at mile marker 129. None of the sites used for
comparisons are located in residential communities.
Questions: When will nearby homeowners ever escape the increased noise and lighting issues
justfrom increased traffic alone? How will the increased volume of traffic be handled without causing
hazardous situations?
Additional Comments Following February 4, 2020 Public Hearing with Planning Commission
Elevated noise levels are a major concern for adjoining neighbors, about 50 yards across Black
Cat Road and within sight of the proposed market. Diesel engines are most worrisome and
LOUD. Engine braking (jake-brake) is prohibited in some residential areas because of the loud
noise it creates. Typically, when an interstate or heavily traveled commuter route is located near
a residential area this is when you will see signs prohibiting the use of jake-brakes. Typically,
research shows the decibel level of jake-brakes to be the same as that of a large riding
9
lawnmower; but in early morning or late at night, the sound a jake-brake creates when engaged
is very disruptive to local communities.
Availability of Water Resources
The issue of water consumption in a water -challenged geographic/hydrogeologic area is a serious
concern. The original 800 gallons maximum daily consumption rate as proposed by Tiger Fuel
appears to be based upon a questionable methodology and data set; to be unsubstantiated and even
contradicted by their own existing correspondence and data; is in direct contradiction to other
local and national reputable sources; and is never adequately addressed other than "we have
experience in this area and water consumption will be about 800 gallons per day." Exactly what
kind of number is the 800 gallons per day? How was it calculated? Is it a mean (an average)? Does it
represent total water consumption of is it a subset? What is the time period, and what is the variance or
standard deviation as water consumption in such an enterprise must vary widely throughout the year?
How does this compare to the 51 Street Market location or Sheetz at Zion Crossroads?
The graph of water usage on page 2
(shown on right) of the Shimp Engineering 30M
letter dated July 21, 2017 to Mr. MacCall is
2500
at best nebulous and seems to show water
consumption rarely ever drops to 800 a 2�
gallons per day during any month at Bellair a 1500
or Mill Creek. Most data points are above
1000 and up to almost 2500 gpd. In fact, in
the letter Justin Shimp states, "To examine
the accuracy of the 900 gpd for Boyd
Tavern Market, we have reviewed usage
data for the Mill Creek and the Market at
Bellair." The next paragraph contains,
"Since the toilet replacements, water usage
Bellair & Mill Creek Water Consuml
14
m�
—s
,y0 ++ +M1 ++ .�► N5
+ + + + + +
Meter Start Date
Wk & Mill Creek Water Consumption 2008 Onward"
by dividing monthly data by 30. Markets are open Z der per week
Me.
has stayed below 1,000 gpd for Mill Creek, versus the 1,100 gpd predicted by the standard calculations,
and has only surpassed 1,000 gpd six times at Bellair, with a maximum of 1,107 gpd, significantly
under the 1,350 gpd estimated." These data are five years old and from the years 2013-2016. And
neither site has the volume of traffic an interstate site would have.
Where did the 800 gpd metric then come from, or is it now 900? Or another number - 644? Or
something much higher? What would more current data on water usage show? And why are these
current data not presented? Why is the Sheetz station at Zion Crossroads never used as a correlation? It
is similarly located just one exit east off the interstate, is comparable in its footprint, and is configured
with a similar number of pumps, restroom facilities, seating capacity, convenience store, and restaurant.
Additional Response to Revised SUP Revision Dated December 10, 2019
10
Inferences: It is more than obvious data from the Market at Ruckersville were used for the new
comparison as these data are more favorable for Tiger Fuel. Signage placed on Interstate 64 would
clearly indicate the location of both an eating and gasoline facility at mile marker 129 and attract a
greatly increased volume of traffic. Tiger Fuel is now asking for a 644 gpd usage, with a 700-gallon
meter/shutoff valve. This water metric is ever shifting and unsubstantiated with reliable data. National
data on water consumption by comparable interstate markets far exceed any metrics cited by Tiger
Fuel.
Questions: How are the data from the Market in Ruckersville applicable and/or reliable for
projecting water usage at an interstate -based site? Why are these statistically unsupported and
uncorrelated data used? What exactly is the anticipated water usage, as this number seems to be
elusive and nebulous at best? When will nearby homeowners ever escape the increased noise and
lighting issues just from increased traffic alone?
Additional Comments Following February 4, 2020 Public Hearing with Planning Commission
1. Mr. Sutton stated during his comments that a water storage tank would be installed on the
premises for supplying water if the 700 gpd limit is reached and the valve shuts off water flow.
What? How large is this tank? How is this consistent with a daily limit? Where on the
architectural plans is this storage tank shown? Has this addition been approved by County
Planners?
2. A representative of Shimp Engineering said by right they could use much more water than 700
gpd if they so desired. A number he cited was 1312 gpd. How is this consistent with a business
that supposedly uses little water and is community oriented, as advanced by their spokespeople?
3. What is to prevent the installation of a bypass valve for the 700 gpd meter? Bypass valves are
routinely used for such plumbing applications.
Shimp Engineering Letter of July 21, 2017
The Shimp Engineering letter to Mr. Francis MacCall dated July 21, 2017, stated, "The best
available guidelines for estimating water usage come from the Virginia Department of Health and the
EPA." A Virginia Department of Health guidelines chart (shown on next page) was attached to the
letter (12 VAC 5-590, Waterworks Regulations). The chart showed that an Interstate or through
highway restaurant water usage would be based upon the number of seats provided for patrons for
dining. The proposed Boyd Tavern Market would have fourteen seats. Each seat would be allotted 180
gallons of water usage daily, based upon the Virginia Department of Health guidelines. This would
result in 2520 gallons (14 seats X 180 gallons = 2520) of water being used daily just for eating
purposes alone. This greatly exceeds and contradicts the projections from Tiger Fuel by at least a
factor of 3. Additionally, the July 21, 2017 letter contained the statemen, "The applicant shall install
and maintain a tamper proof, flow restriction device limiting water flow to no more than 1,312 gpd."
Why then is the projected maximum daily consumption projected to be only 800 gallons?
11
Why does the applicant contradict their own conclusions by claiming they have experience
with interstate markets, and clearly the proposed Boyd Tavern Market is an interstate location,
but yet they want to use standard restaurant guidelines of water consumption, and not those of
interstate or through restaurant/highway per seat?
Virginia Department of Health guidelines also stipulate an allowance of 10 gpd of water per
vehicle served for service stations. This number is never factored into the 800 gpd metric
anywhere. Mr. Shimp ignores the fact this Market is a gasoline station as well and states we
should "treat the store as a mix of restaurant and convenience store." No mention is ever made of
gasoline sales. This definition allows him to dismiss entirely the 10 gpd water requirement per
vehicle served at a service station, as recommended by the Virginia Department of Health. In a
later document, he estimates over 500 vehicles per day for gasoline sales, which is further
contradicted by state and national data. That in itself is a minimum of 500 gpd. No mention is
ever made of I-64 traffic and its impact.
If we were to use the VAC 5-590.690. Capacity of waterworks
Virginia Department of The design capacity of the waterworks shall exceed the maximum daily water
Health Guidelines shown on mand of the systern. Waterworks shall normally be designed on the following basis of
der consumption. If deviations are made, they shall be based on sound engineering
the rieht as Mr. Shimp owledge substantiated In the designer's report and approved by the division.
recommends, then we could A. Dolly water consumption rates (annual daily water demand):
be looking at 3,220 epd of Dwellings,per person - 100 god
water to operate this High schools with showers per person 16 gpd
Market. Elementary schools without showers per person _ 10 gpd
Molels at 65 gallons per person, minimum per room
Evans Report
Trailer courts at three persons per trailer, per trailer
Restaurantsper seat
Interstate or through highway restaurants, per seat
Dr. Nick Evans of
Virginia Groundwater LLC
Interstate rest areas, -per person
was commissioned to prepare
service stations per vehicle served
Factoriesper person, per elght-hour shift
a report for Tiger Fuel which
was subsequently entitled
Boyd Tavern Market, TAP 94-
Shoppinq centers, per 1 00o sg.ft. of unimate floor spa
Hos Italsper bed
Nursing -homes per bed
39, Tier 3 Ground Water
Assessment, Groundwater
Home for the aged per bed
Management Plan (dated
Doctce in medical center
March 31. 2017, Modified
May 4, 2018). In his report Dr. Evans' findings were predicated entirely upon the premise that a
maximum of 800 gallons of water would be consumed daily by the Market and consequently he built
his entire report and key findings around this metric. Dr. Evans never explains why he chose to accept
this metric of 800 gpd. Would his key findings change if indeed the Boyd Tavern Market were
projected to use 2,520 gallons of water daily as predicted by other sources? Much earlier research has
12
been conducted on this hydrogeologic region. This is well documented in more comprehensive studies
conducted by the Virginia State Water Control Board and DEQ (Sterrett and Hinkle, 1980; White,
2019) and previous investigations by Cross (1960) and Dekay (1972). Evans did not include any
bibliography or cite information or data from any of these studies. Why not when the well yield data
from these studies are much more inclusive and comprehensive? Seven hundred sixty-one (761) wells
are included in the Sterrett and Hinkle DEQ study. Evans includes data for only eleven (11) domestic
wells, all located within 2000 feet of the property. This is hardly an adequate statistical sample size
from which to extrapolate much. How is it his one sample of 11 shows well in the area to produce
three times what they have historically produced? And yet a number of dry wells have been drilled
on the site, but Dr. Evans never includes them. He goes on to state, "The greater yields are likely due
to increased bedrock fracture density in the Mountain Run fault." He also commented there were no
observable fissures or fractures on the proposed Boyd Tavern Market site. The wells cited in his report
are at lower elevations, are mostly located on the opposite side (east) of the drainage divide, and are
located often in draws and flats, which are more conducive to water production. How about the wells of
lesser yield in this same area? Why were they not included? Are they due to the same fault zone? Why
were well yield data included in the Evans report for the Everona limestone formation (a highly
productive water source at some distance to the west of the Boyd Tavern Market), when the proposed
market would be situated above a different underlying bedrock structure the Chandler Formation?
Additional Comments Following February 4, 2020 Public Hearing with Planning Commission
Why was the Tier III document of Dr. Evans the only groundwater study used to justify the
County Planners "Factors Favorable" conclusion, when there exists a body of research and
well data on this topic dating back fifty years, much of which contradicts his findings?
2. Who with expertise in hydrogeology peer reviewed this Tier III study and what were their
comments?
3. What protocol was used to select only 11 domestics well sites out of hundreds, which were the
foundation for this study, other than they had to be within 2000 feet of the proposed site?
There are hundreds of such wells in other databases from DEQ, Virginia Water Control
Board, the Timmons Group Study, which could have been selected. When I posed these
questions above to individuals whose names Ms. Kanellopoulos had provided, the answer I
received from them was quite disturbing - "I have no way of knowing. You might want to ask
the author as his name and contact information are on the front page."
4. Was this sample of 11 out of a population of 290, randomly selected to independently
represent the total population of such wells? This appears not to be the case. The data points
of well yield in gpm, selected by Dr. Evans were 45, 12, 20, 6, 30, 20, 60, 20, 0, 17, 23. Why
is this his only sample? The data points of 45, 60, and 30 are clearly outliers, which badly
skew the data in his favor. A sample size calculator shows that a sample of 166 is needed
to have a 95% confidence level.
5. Why did Dr. Evans not include more descriptive statistics of his one sample to include
minimally standard deviation and error term? I did the calculations (see table below) and the
13
mean for his one sample is 23.818 (3 times the historical and statistically documented mean of
7.7 gpm). The standard deviation for Dr. Evans one sample is 16.85, which further indicates
there is a low confidence level for repeating these results and a large error term (42.96) at the
95% confidence level. Depending on the field of study, a confidence level of 95% (or
statistical significance of 5%) is typically used for data representation. What statistical
significance is there for the 11 wells among hundreds that could have been chosen? Little.
Data outliers as appear in the one sample can greatly skew and bias statistics in one direction
or another.
Confidence Level
68.3%, s),
Margin of Error
23.1818 t5.081 (t21.92%)
Error Bar
90%, 1.645sx
23.1818 t8.358 (t36.05%)
95%, 1.960sX
23.1818 t9.958 (t42.96%)
99%, 2.576sR
23.1818 ±13.088 (t56.46%)
99.9%, 3.291 sx
23.1818 ±16.721 (t72.13%0)
99.99%, 3.891 sx
23.1818 ±19.77 (t85.28%)
99.999%, 4.417sst
23.1818 ±22.442 (t96.81 %)
99.9999%, 4.892sx
23.1818 ±24.855 (t107.22%)
6. Who visited these data well sites to validate the data? Did Dr. Evans actually conduct well
water yields by drawing water? Did he evaluate the topography, note the presence or absence
of fissures or fractures, and whether the topography was a major factor correlated to water
yields, which we know it is? None of these questions were ever addressed or results stated in
the Evans report; but when questioned, Dr. Evans stated he had walked the sites, but he
provided no further details or descriptions.
7.
Virginia Water Control Board_ and the 1981 studv of Sterrett and Hinkle? Could it be that 3
of the wells selected are near or in the Everona Limestone Formation (which produces wells
of much higher yields); two are located in drainages and flats not far from the Everona
Formation; and all are on the opposite sides of the drainage form the proposed Market. Why
are there no well data from the same side of the drainage for the Boyd Tavern Market?
8. According to the Tier III Study, summary data were examined from 290 wells in the County
database that were constructed in the same bedrock formation as underlies the property.
According to Evans the average yield of these wells is 7.7 GPM (gallon per minute),
which is low to moderate relative to average yields from other geologic formations in the
county. This 7.7 gpm statistic is gleaned from earlier studies. Evans went on to further
state that dry holes or zero GPM wells are under reported in the database. A sample size
14
calculator shows that Dr. Evans should have used a sample of 166 wells to have a 95%
confidence level from the 290. The sample of 11 comes nowhere close.
A nearby Virginia Department of Highways facility, which is within 2000 feet, shows two
wells on their site with yields of 1 and 8 gallons per minute respectively (Sterrett and Hinkle,
1980). Why were these data not included in the Tier III report? Or the data from residents
along Mechunk Road and surrounding community, who have reported yields of 0-5 gpm? Or
my well data of less than 5 gpm? How many Boyd Tavern homeowners were interviewed for
their input on groundwater issues, well yields, and the water availability problems they have
experienced and deal with on a daily basis? Many residents report reduced and compromised
water usage due to fear of their wells going dry. Having spoken to many of my neighbors who
live near this proposed facility and who have wells with low flow rates, the availability of
water is a major concern for them for opposing the Boyd Tavern Market. One neighbor on
Mechunk Road had to have two wells fracked just to get a flow of water, and even then, it was
in the 1-5 gpm range. Why were these data ignored?
10. The findings in the Tier III study appear to contradict 40-50 years of independent research on
well yields in the Chandler Formation, which is the geologic structure under the proposed site.
Hundreds of wells exist countywide within the Chandler Geologic Formation, which
historically has produced wells of low yield on average. The Boyd Tavern Market would be
situated in the Chandler Formation.
11. I could have randomly selected 11 wells from the most recent Department of Environmental
Quality database of well yield, which was provided by hydrologist Mr. Brad White, Manager
of the Groundwater Characterization Program, Virginia, in which I could show diametrically
opposite findings. Mr. White had provided a current database for water yield for one hundred
eighty-seven (187) wells, all located within two miles of the proposed Market. All were
located in similar bedrock formations. Eighteen of the wells were reported as dry wells. The
mean for water yield for these 187 wells was 6.12 gpm. One hundred fourteen (114) of the
187 wells in this database had yields of 5 gpm or less. The standard deviation for these 187
wells was 8.458, indicating rather high variance, which was largely due to five outliers above
40 gpm.
12. In another extensive report, Sterrett and Hinkle of DEQ concluded — "When the topography of
a site is at the highest point in an area, wells drilled in similar situations have had poor yields
and had to be drilled deep (Sterrett and Hinkle, 1980)." The Boyd Tavern Market is the
highest point in the community. This is further supported by local residents who confirm the
number of dry wells that were drilled on the site about fifteen years ago.
13. In December 2017, another extensive study was published by the Timmons Group Water and
Wastewater Facilities Plan for Keswick Hall and Golf Club. In the Timmons study the
following was stated, "There are two geologic formations located in the Keswick area. A
majority of the Keswick property is underlain by the Chandler Formation, which does not
contain prolific subsurface anomalies conducive to high groundwater yields."
Conclusions for the Tier III Study: The Tier III study and support of the county planning staff do little
to dispel the alarming firsthand experiences and concerns of the community with regards to water
quantity. No test wells have been drilled recently on the proposed site, and with less than
15
independent and/or statistically significant data provided in the Tier HI study, there is little
confidence in the findings within Factors Favorable. So, we really have no idea of water availability
and/or impact on the local community for this hypermart. But we do know this - Wells in this
hydrogeologic area of the county have historically underperformed and groundwater resources have
always been a challenge. We live it each day, wondering if we will have water. This has not changed
because of one study bought and paid for by Tiger Fuel.
Studies of Groundwater Resources
Among the findings/conclusions in the independent Sterrett and Hinkle study (1980) were (1).
"Wells developed in the metasedimentary rocks in the eastern part of the county offer the lowest
ground water potential. Over half the wells produce less than 5 gallons per minute and water
bearing fractures are not encountered deeper than 100 feet."
Fifty-four percent (54%) of wells drilled in the Boyd Tavern area of Albemarle County have
historically produced less than a flow of five gallons per minute, and of these many produced flows of
three (3) gallons per minute or less. (2) The belts underlying this portion of the county have
significantly lower ground water potential than the remainder of Albemarle County. To date, no test
wells have been drilled on the Boyd Tavern Market site that could be used for predictive purposes. Dr.
Evans cites the Mountain Run Fault Zone and its proximity to the proposed Market. However, "The
permeability of fault zones impacts diverse geological processes such as hydrocarbon migration,
hydrothermal fluid circulation, and regional groundwater flow, yet how fault zones affect groundwater
flow at a regional scale (1-10 km) is highly uncertain (Malgrange and Gleeson, 2014) "
The bedrock associated with the aquifer underlying the proposed site is labeled as cpcl (abbreviation
used to indicate geologic age of a water bearing unit — aquifer) and historically cpcl locations have very
low yields countywide (DEQ, Sterrett and Hinkle, 1980). Numerous wells in cpcl formations were
reported as dry wells. My well and others along Fox Hunt Drive in Keswick Farms fall into this cpcl
category!
Additional Comments Following February 4, 2020 Public Hearing with Planning Commission
Dr. Evans stated during the Planning Commission hearing that drilling a well or wells on the
Boyd Tavern Market site would probably have no impact on wells in the surrounding
community. Probably? Certainly not very reassuring! This represents to me a rather bold and
somewhat reckless statement when there are few facts to support this and many unknowns
regarding this site. No exploratory wells have been drilled recently on the property, and
many dry wells were drilled on the site about fifteen years ago. So how deep the aquifer is in
this location, the type of aquifer (confined, unconfined, or semi -confined), the rate and volume
of groundwater recharge, percolation rates of soil, bedrock porosity, presence of fractures or
fissures, etc. are still unknown variables. The history of the Boyd Tavern Community with wells
of low yield or dry wells would seem to speak to their interconnectedness, not separateness.
2. According to the United States Geological Survey, "Another reason that wells "go dry" is the
lowering of the water table by increased pumpage in the immediate area. Housing developments
16
with small lots and individual wells have been built in many rural areas. If the aquifer is low
yielding so that pumping causes a large drawdown, a cone of depression will develop around
each well. Thus, several domestic wells close together can create a steady lowering of the water
table if pumpage exceeds the natural recharge to the system. A third major reason that rural wells
"go dry" is the installation of larger capacity wells for municipal, industrial, or agricultural
purposes adjacent to residential areas. The increased withdrawals may cause large widespread
cones of depression that intersect one another and cause general water -level declines that affect
nearby domestic wells."
3. The eastern Albemarle County geologic belt bordering Fluvanna and Louisa counties and
underlying the communities of Chobham, Boyd Tavern, Blenheim, and Howardsville offer
significantly lower ground water potential than other geologically central belts in the county.
Fifty-four percent of all wells in this eastern belt yield less than 5 gpm and 70 percent produce
less than 10 gpm. Only a small fraction of wells drilled deeper than 200 feet encountered water -
bearing fractures. Wells drilled in this area are generally suitable for domestic use only. As a
rule, larger yields are not available So, without any exploratory wells, Tiger Fuel has no idea of
the potential of groundwater resources underlying the property, or whether the wells are
interconnected.
4. Impact of drought in Virginia. The U.S. Drought Monitor started in 2000. Since 2000, the
longest duration of drought (DI-D4) in Virginia lasted 103 weeks beginning on May 1, 2007
and ending on April 14, 2009. The most intense period of drought occurred the week of August
20, 2002 where D4 affected 30.53% of Virginia land. Residents of the Boyd Tavern community
remember this drought period well as wells failed, and/or had greatly reduced flow rates.
Current Database of Well Yields in Boyd Tavern Area
Mr. Brad White of the Virginia Department of Environmental Quality and Manager of the
Groundwater Characterization Program recently provided a current database of water yield of one
hundred eighty-seven (187) wells, all located within two miles of the proposed Market. All were
located in similar bedrock formations. Eighteen of the wells were reported as dry wells. The mean for
water yield for these 187 wells was 6.12 gpm. One hundred fourteen (114) of the wells in this database
had yields of 5 gpm or less. A flow rate of 5 gpm is considered the absolute minimum for an adequate
well for a single household. The standard deviation for these 187 wells was 8.458, indicating rather
high variance, which was largely due to five outliers above 40 gpm.
Additional Response to Revised SUP Revision Dated December 10, 2019
Observations: Water usage data from the Market at Ruckersville were used far the new
comparison as these data are more favorable for Tiger Fuel. When asked to weigh in on this subject
of water usage for the Boyd Tavern Market, Mr. Josh Kirtley of the Virginia Department of Health
commented in an email to Tori Kanellopoulos, "I do not believe it is VDH's role to comment as to
the suitability of a proposed project with regards to potential groundwater impacts. " Yet this
comment from Mr. Kirtley was used by county staff to justify the Tier III study as the sole basis for
inclusion in Factors Favorable category.
17
Questions: Why does the topic of the availability of ground water resources remain an elusive
one? Why do the water demand numbers keep changing, as we have far different projections of usage
in the two SUP applications and their associated studies?
Water Usage
How much water does the average person use at home per day? Estimates vary, but each person uses
about 80-100 gallons of water per day, according to various sources. The largest use of
household water is to flush the toilet, and after that, to take showers and baths. Boyd Tavern
homeowners are however incredulous when shown these numbers, for they must conserve everyday of
their lives and claim they do begin to approach these levels of water usage. Marry report showering on
odd or even numbered days, wash clothes infrequently, and avoid washing of cars, watering lawns, etc.
When both the internet sites for the United States Geologic Survey (USGS) and Environmental
Protection Agency (EPA) estimate that a person uses 75 gallons of water per day and an average family
of four 300 gallons per day, how can it be that a business that will draw hundreds of customers daily
will only use 800 gallons? The president of Tiger Fuel responding to my questions about this during the
May 22, 2019 community meeting, stated, "all water used by the facility will go back into the drain
field and then be returned to the aquifer." Anyone familiar with the hydrologic cycle knows this is
certainly not the case. Dr. Evans stated in his review that only about 15% of annual precipitation would
contribute to groundwater recharge. This would amount to about 6.6 inches annually. And he went on
to state water from the drain field would return to the aquifer. But he never addresses the impact
vegetation in the form of trees and their root zone will have on recharge. Because of the topology of the
site being the highest point around, "there would be little hydraulically -driven recharge from off -site."
This would imply the drain field for the Market by the force of gravity would feed downhill and off -
site, and the source of groundwater for the facility would come from adjoining properties. Because of
the topography of the site being the highest point in the area, wells drilled in similar situations have had
poor yields and had to be drilled deep (Sterrett and Hinkle, 1980).
Comparative and/or Predictive Data
For several years I have observed the operation at the Sheetz location at Zion Crossroads during
my shopping forays in that area. I am one interstate exit removed from this location. More recently, my
observations are based upon the belief this location and business model are very similar to what is
being proposed for the Boyd Tavern Market and therefore would give me a realistic assessment of
traffic patterns and water consumption. There are those who will argue this Sheetz station is not
comparable to what is being proposed as it is surrounded by many other businesses that attract
consumers. But, this is true also of Bellair, Mill Creek, and 51 Street Market locations as well. It is also
true there are three other comparable gasoline/convenience stores/fast food restaurants at the Zion
Crossroads exit. And obviously, they dilute the volume of traffic to Sheetz. Additionally, it has been
my observation the bulk of the Sheetz traffic is interstate traffic, as upon exiting the Sheetz station the
vast majority of vehicles return to Route 15 south, toward I-64. It is generally acknowledged interstate
travelers are heavy users of restroom facilities, and the data below reinforce that. Employees at Sheetz
18
have supported this inference as well. This Sheetz interstate location is certainly a better match
than either the Bellair, Mill Creek, or Ruckersville Markets.
I began to collect data on the number of vehicles serviced at the gasoline pumps, along with the
number of large recreational vehicles and trailers, and the number of people using the restroom
facilities during timed five-minute intervals at this Sheetz location. I purchase gasoline at this Sheetz
location and often use the facilities and travel here for shopping at various times of the day and night,
and average 3-4 trips each week typically to Sheetz, Lowes, Walmart, and nearby restaurants. It is
during these times I have observed and collected these data. I purposely avoided data collection at peak
hours of 7-9:00 am and 4-6:00 pm, as the Sheetz website showed these hours to be their peak business
hours, and I certainly did not want to skew the data and/or be accused of cherry -picking data. Many
online reviews by customers centered on how busy the location was and the lack of cleanliness of the
restrooms.
The methodology I used was to record the date and time, and to count every passenger vehicle,
and separately large recreational vehicles and trailers, that purchased gasoline and left, or were at a
pump, or were in -line at the end of this five-minute interval. Often, vehicles were lined up two -deep at
a single pump at the end of the five minutes. Other periods of observation included counting the total
number of individuals who entered a restroom, with the assumption they used urinals and/or
commodes, as well as sinks for washing hands. Based upon water consumption for these restroom
facilities only, I calculate conservatively that each person would use 1.5 gallons of water per restroom
visit.
The time period for my observations and data collection was from March to June 2019. The
majority of the observations were during daylight hours between 9:00 am and 3:00 pm. Based upon a
total of twenty (20) five-minute observations to this date, the mean for vehicles serviced was 22.38 per
five minutes and the standard deviation was 7.37. The mean for the number of persons entering a
restroom per five minutes was 23.55. And the standard deviation was 8.03. Based upon these
calculations, the following conclusions can be extrapolated:
1. For every sampled five-minute interval, 35.32 gallons of water were used just for
restroom facilities (23.55 persons x 1.5 gallons of water usage).
2. For every sampled five-minute interval 22.38 vehicles (both recreational and passenger
vehicles) were either serviced, or at a pump, or in -line for gasoline.
3. Similar observations and data have been gleaned from the 5'h Street Market.
Unanswered Questions
19
1. How will Tiger Fuel effectively address congestion issues on an already busy two-lane
highway, as no realistic solutions are now proposed?
2. How much traffic ftom I-64 will be added to the already 9300 AADT for Black Cat Road in
front of the Market?
3. How much traffic will an online ordering app and mobile food option add to this congestion?
"CHARLOTTESVILLE, Va. (CBS19 NEWS) -- Tiger Fuel will be rebranding as it celebrates
its 29th anniversary. The Market convenience stores and All -American Car Wash locations will
undergo a makeover in the coming weeks. The company will also introduce a new loyalty
program and a new mobile app so customers can gain rewards and make mobile
orders. "Convenience is really important for us and our customers, so we thought it was
important to implement this online ordering program and with our new rewards program
that will be rolling out in the first quarter of 2020, we'll have some great incentives in the
mobile app," said Tiger Fuel's Director of Marketing Sarah Whitney. Whitney said they aim to
have everything rolled out by the spring 2020.
4. How will large recreational vehicles, trailers, and similar vehicles be stopped from using the
I-64, 129 Exit, as Tiger Fuel states they will not be serviced at this Market? How will such
vehicles exit the Market and turn left toward I-64?
5. What will be the hours of operation, as Mr. Sutton wants the gasoline pumps and associated
lighting to operate 24 hours per day?
6. Does Tiger Fuel plan to request a traffic light at this location?
7. What security will be onsite 24 hours per day?
8. How will light and noise levels be minimized and controlled?
9. Who will collect litter that is bound to accumulate near the station and adjoining neighbors'
yards?
10. Where did the 800 gpd water metric come from and how exactly was it calculated?
11. Are any of the 900, 800, 700, or 644 gpd estimates realistic ones, given the proposed Boyd
Tavern Market is clearly an interstate Market and these numbers are for rural stations?
12. Why were water consumption data not used from the 5' Street Market or Sheetz for
comparative purposes, rather than the Bellair, Mill Creek, or Ruckersville locations?
13. How large a water storage tank does Tiger Fuel propose to install to circumvent the daily
allowance?
14. Is this supplemental water storage tank approved by County Planners?
15. Is this storage tank simply a way around any shutoff valve monitoring system?
16. What is to prevent the installation of bypass valves to any metered shutoff system?
17. Recharging the aquifer is mentioned in the Evans report, but there are no attempts to
quantify it. Where is a more detailed explanation of the projected volume of this recharge?
18. Why was the Evans study based upon an 800 gpd consumption metric only?
19. Why were well yield data included in the Evans report for the Everona limestone formation
(a highly productive water source to the west of the Boyd Tavern Market), when the
proposed market would be situated above a different underlying bedrock structure?
20. Why were not more well yield data included in the Evans report when the data clearly were
available?
20
21. How many wells does Tiger Fuel plan to drill on the property to get the water yield they will
need?
22. How will water usage data be collected, validated, and reported for the Boyd Tavern Market
if the SUP is approved?
23. Will Tiger Fuel be levied a monetary fine if they exceed the 700 gpd limit?
24. With ten such markets within a seven -mile radius, is one more really needed?
25. How much would the water consumption and traffic increase for the Sheetz station at exit
136, if it were not for the fact there are three other comparable gasoline/convenience
stores/fast food restaurants at that same interstate location to absorb some of the traffic?
26. Is Tiger Fuel and/or Albemarle County prepared to compensate landowners for wells that
fail as a result of the water demands of the Market?
Conclusions
For the reasons and support cited above, the proposed Boyd Tavern Market is simply in
the wrong location. It adds nothing of value to the community, that is not already available
nearby. With ten such hypermarts within a seven -mile radius, do we really need one more?
Increased traffic congestion, noise, lighting, and water consumption are unacceptable to the Boyd
Tavern Community, who will bear the brunt of this ill-conceived project. The revised SUP does
little to address the primary issues of greatly increased traffic with associated noise, lighting,
security, and water usage. To refer to this proposed location in glowing language such as a
"community gathering place to have a cup of coffee in an underserved area" does little to
minimize the many concerns of the community and, in fact, merely further adds fuel to the debate.
The residents of the surrounding community feel this is nothing more than a profit -driven
enterprise with little regard to how it will impact the environment, groundwater resources, or the
surrounding community. And pertinent information from the applicant is often not provided, or if
it is, it is misleading, contradictory, or less than candid.
References
Auletta, V. M. (1979). Statistical Investigations of Ground Water Yields in the Piedmont.
Unpublished report. Virginia State Water Control Board.
Conservation and Economic Development, (1963). Geologic Map of Virginia. Virginia Division
of Mineral Resources.
Cross, Whitman 11. (1959). Ground Water Resources of the Western Half ofAlbemarle County,
Virginia. Unpublished M.S. Thesis, University of Virginia.
DeKay, Richard I. (1972). Development of Ground -Water Supplies in Shenandoah National
Park Virginia. Virginia Division of Mineral Resources, Mineral Resources Report 1-0, L972.
21
Evans, Nick. (2017, March 3/ Modified May 4, 2018). Boyd Tavern Market, TMP 94-39, Tier 3
Ground Water Assessment, Groundwater Management Plan. Prepared for Shimp Engineering,
Charlottesville, Virginia.
Malgrange, Juliette and Gleeson, Tom (2014, January). Shallow, old, and hydrologically
insignificantfault zones in the Appalachian orogen. Civil Engineering and Applied Mechanics,
McGill University, Montreal, Quebec, Canada Journal of Geophysical Research: Solid Earth.
Retrieved from URL https://agupubs.onlinelibrary.wiley.com/doi/fufl
Nelson, Wilbur A. (1962). Geology and Mineral Resources of Albemarle County, Virginia.
Virginia Division of Geology and Mineral Resources. Bulletin 77. Retrieved from URL
https://www.dmme.virginia.gov/commercedocs/BUL 77.pdf
Shimp, Justin. (July 21, 2017). Letter Sent to Francis MacCall, Albemarle County, Department
of Community Development, from Shimp Engineering. Regarding Body Tavern Market.
Sterrett, R. Mc Chesney and Hinkle, Kenneth R. (1980, December). Ground Water Resources
of Albemarle County, Virginia. Valley Regional Office, Commonwealth of Virginia.
State Water Control Board, Bureau of Water Control Management, Richmond, Virginia.
Planning Bulletin 326. Retrieved from URL https://www.deg.virginia.gov.
White, Bradley (June, 2019). Boyd Tavern Well Water Yield Database. Ground Water
Characterization, Department of Environmental Quality,
22
From: Pat Young <youngpc@comcast.net>
Sent: Tuesday, July 2, 2019 11:57 AM
To: Tori Kanellopoulos
Subject: RE: SP2019-6 Market at Boyd Tavern Review Comments
Tori, thank you for the updates. We all appreciate receiving them
I did want to weigh in on this matter. I am totally, one hundred percent opposed to
this gas station/market being located on 616, across from Mechunk Acres. I have
lived on Mechunk Road for 31 years. I have never been afraid here. To my
knowledge we have never had anything happen that meant the police needed to be
called. If the gas station/market is located in the proposed location, that will all
change. It will bring undesirables to the area at night; traffic on 616 will increase;
tractor/trailer traffic will be a problem. This is defmitely not the proper place for a
gas station/market. We are rural, quiet, and SAFE now.
Please pass my comments along to the appropriate person.
Thank you,
Pat Young
4770 Mechunk Road
From: Tori Kanellopoulos <vkanellopoulos@albemarle.ore>
Sent: Tuesday, July 2, 2019 11:35 AM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Cc: ienfultz@msn.com; dashfox@aol.com; gomomyourock2@gmail.com; sbailey32@embargmail.com;
neismann52@aol.com; Michael Winget-Hernandez <michael@winget-hernandez.com>;
waynesprouse8@gmail.com; urbn4stl@msn.com; mythdr@aol.com; Pat Young
<youngpc@comcast.net>; brett@iordanpropertycompany.com; Nicole La Rocque
<n.larocque@gmail.com>; k91csw67@gmaii.com; candymac37@gmail.com; gregdun@ntelos.net;
keswickhoo@gmail.com; karen 07@yahoo.com; nsmaroff@gmail.com; hayslantz@gmail.com;
don@martinhorn.com; Lynda S. White <Isw6v@virginia.edu>; Kelsey Schlein <kelsev@shimp-
engineering.com>
Subject: SP2019-6 Market at Boyd Tavern Review Comments
Good Afternoon All,
Attached are the first round of review comments for SP2019-6, Market at Boyd Tavern. Please note that
VDOT, Health Department, and Engineering have not yet provided review comments. The deadline for
comments is actually this Friday, July 5`h. However, I will be out of the office the rest of this week, and
wanted to send you all the comments I have, since I will not be able to send updated comments until I
am back next week.
From: Jill Farrell <k9lcsw67@gmail.com>
Sent: Thursday, June 27, 2019 12:28 PM
To: Tori Kanellopoulos
Cc: Rob Farrell
Subject: Re: SP2019-6 Market at Boyd Tavern - Updates
Hello Tori-my name is Jill Farrell. I live on Mechunk Rd and am very oppossed to the proposed marketon
Black Cat Road for the following reasons:
-The traffic on Black Cat Rd is already very heavy and it is often difficult to get out of our
road. Increasing traffic will is likely to result in more congestion and delays.
-Traffic going to and leaving the market will require left turns into vey heavy traffic. The curves and lack
of turn lanes will increase congestion and the likelihood of accidents.
-We love our night sky in this rural area. The lights required by this project will intrude upon that
benefit of living in a rural area.
-The risk of over use/depletion and contamination of our water supply from fuel run off.
-This project has 12 fuel pumps -that is more than is needed to serve members of our community, and
will attract even more nonlocal traffic from 1-64.
Please feel free to call me if needed at 434-962-3599.
Jill H Farrell
Sent from my iPhone
On Jun 21, 2019, at 8:44 AM, Tori Kanellopoulos<vkanellopoulosCc@albemarle.or¢> wrote:
Hi All,
My name is Tori Kanellopoulos, and I am the lead reviewer with the Albemarle County
Department of Community Development for Special Use Permit application SP2019-6,
the Market at Boyd Tavern. I will be glad to keep the community informed of the status
of this application as it moves forward in the review process. One thing I would like to
ask is that we all try and keep our questions and answers within this email chain — it will
help me with tracking questions and providing timely answers to everyone involved.
That being said, I am happy to take voicemail/phone call comments as well. I will do my
best to return your call in a timely manner if you request a call back, otherwise I will
include your comment in my notes. Also, please let me know if you hear from others
who would like to be added to this email update, and I will be sure to add their names.
You can always send comments as well to your Board of Supervisor member (Rick
Randolph: rrandolph@albemarle.org) and Planning Commissioner (Pam Riley:
priley2@albemarle.org .
Here is some overview information. I can also provide more specific answers to
questions for the group, if there are any yet.
1. Application Information:
From: gregdun@ntelos.net
Sent: Wednesday, June 26, 2019 11:26 AM
To: Tori Kanellopoulos
Cc: gregdun@ntelos.net; Pam Riley; 'Richard Randolph'
Subject: FW: excerpt from 10 2 2006 ARB minutes and minutes from 10 3 2006 PC
meeting
Attachments: 2006_10_03_Pla n n i ng_Commission_M inutes. pdf
Good Morning Tori: A recent statement from the applicant for the proposed gas station on Black Cat
Road that it did not seek to draw traffic off Interstate 64 struck me as stretching credulity past its
breaking point. The applicant clear-cut most of the trees on the property in 2006 during an earlier
application so that its proposed gas station could be seen clearly from the interstate. The ARB was
"shocked and very disappointed" by that action. See, below. So much so, that it sent Chuck Lebo(then ar
ARB member) to the Planning Commission to highlight this activity. Minutes of the Planning Commission
meeting are attached. (I encourage you to read the comments from the public on this proposed gas
station in the attached minutes). Clearly, the applicant wants to increase traffic on our country road
from the interstate and burden our resources from the increased numbers of people using them.
On this point, in the recent appeal of the County's zoning determination to the Board of Zoning Appeals
(AP201700003), the County noted that the applicant's engineer based his water consumption
projections on an assumption that traffic would not increase due to the market, but properly noted
and stated "of course, the proposed market would exist precisely to generate customer traffic. In
other words, the success of the appellant's business depends on its engineer being wrong."
I mention these things because I know you have had limited exposure to this matter and my neighbors
and I have been exposed to it far too long.
If you have any questions, please do not hesitate to let me know.
Best Regards,
Greg
From: Margaret Maliszewski <MMaliszewski@albemarle.org>
Sent: Tuesday, June 25, 2019 11:09 AM
To: gregdun@ntelos.net
Subject: excerpt from 10 2 2006 ARB minutes and minutes from 10 3 2006 PC meeting
Good morning, Greg.
As a follow-up to our telephone conversation yesterday, please find attached the minutes from the
October 3, 2006 Planning Commission meeting and please find below an excerpt from the October 2,
2006 ARB meeting addressing the Black Cat Road project you referenced.
From: Karen S Johnson <karen_07@yahoo.com>
Sent: Monday, June 24, 2019 11:46 AM
To: Tori Kanellopoulos
Cc: gregdun@ntelos.net
Subject: Re: SP2019-6 Market at Boyd Tavern - Updates
Tori,
Thanks you so much for putting this email together. I appreciate your hard
work which makes this process so much easier for me.
My property joins the site of the proposed Market At Boyd Tavern. Because
of that, I have the following concerns.
1. My biggest concern is the road safety. Rt 616 is already congested
during the normal commute times and it is difficult for local residents to exit
and enter their driveways and/or local streets. The location of the proposed
site presents some major safety challenges for entering and exiting. It is
difficult to impossible to see oncoming traffic because of how the road is laid
out.
2. Our area has a history of a shortage of water access during drought
conditions. Many of the wells are barely able to keep up with individual
household use. This facility would put added stress on a system that is
already pushed to the limits.
3. I am on the downhill side of the location and any "runoff" issues from
petroleum products would affect me directly.
4. I value my access to the night time sky. Light pollution will be a
significant issue for me because of my proximity to the location. We have
put our property into a conservation easement to help preserve the rural
character of the community. This addition will impact that character
significantly and, I feel, it is unfair to those of us who have worked so hard
to preserve it.
5. The community does not want to encourage traffic from off of the
Interstate. It is difficult enough when there are accidents on I-64 and traffic
must be re-routed to Rt 250. I truly believe that this is a "quality of life"
issue and would ask that all involved please consider how they would feel if
it were their community.
Thank you for allowing me to so easily express my concerns and know that
they will be represented. I appreciate what you do for our community.
Best Regards,
Karen S Johnson
4460 Richmond Road
Keswick, VA 22947
(717)319-2353
On Friday, June 21, 2019, 8:45:23 AM EDT, Tori Kanellopoulos<vkanellopoulos(d)albemarle.org> wrote:
Hi All,
My name is Tori Kanellopoulos, and I am the lead reviewer with the Albemarle County Department of
Community Development for Special Use Permit application SP2019-6, the Market at Boyd Tavern. I will
be glad to keep the community informed of the status of this application as it moves forward in the review
process. One thing I would like to ask is that we all try and keep our questions and answers within this
email chain — it will help me with tracking questions and providing timely answers to everyone involved.
That being said, I am happy to take voicemail/phone call comments as well. I will do my best to return
your call in a timely manner if you request a call back, otherwise I will include your comment in my notes.
Also, please let me know if you hear from others who would like to be added to this email update, and I
will be sure to add their names. You can always send comments as well to your Board of Supervisor
member (Rick Randolph: rrandolphaalbemarle.org) and Planning Commissioner (Pam Riley:
pri lev2(a)a Ibem arle. orq).
Here is some overview information. I can also provide more specific answers to questions for the group, if
there are any yet.
1. Application Information:
a. The documents submitted to date for this special use permit can be found here:
httDs://Ifweb. al bemarle. ora/weblink/search. asox?d bid=3&searchcom mand=%7b%SbCDD
-Planninq%5d:%5bApplicationN umber%5d%22SP201900006%22%7d
b. The unofficial site plan for the application is attached here for reference. That is, this is
the site plan reference document the applicant submitted with this special use permit
application (therefore it is not an official site plan, but is their current concept, subject to
revisions per review comments).
2. Timing:
a. The application was submitted officially to the County on May 20"'.
b. Initial review comments from all reviewers are due July 51". These comments include
comments on both the Comprehensive Plan and the Zoning Ordinance. Reviewers
include Engineering, ACSA and RWSA (service authorities), the Health Department,
VDOT, Architectural Review Board (ARB), and Fire/Rescue. These initial comments do
not include a recommendation for approval or denial from staff. There is no
recommendation until the staff report for the Planning Commission public hearing.
From:
gregdun@ntelos.net
Sent:
Friday, June 21, 2019 10:17 AM
To:
Tori Kanellopoulos
Cc:
gregdun@ntelos.net; Pam Riley
Subject:
proposed gas station on Black Cat Road
Attachments:
Tiger Fuel-Lease.pdf
Good Morning Tori: It was nice speaking with you yesterday. Pursuant to your request, attached please
find a copy of the "Ground Lease" for the property on Black Cat Road(without exhibits). As you can see,
this document provides that "Southcreek Investments, LLC" is the owner of the subject parcel. I have
not performed a title search and have no independent knowledge of the chain of title at this time.
Paragraph 2 states that this lease "shall commence on the first day of the Commencement Month as
defined in paragraph 5.13 below." Paragraph 5.13 states in bold letters "this Lease shall commence the
first day of the sixth month (herein "Commencement Month") following final site plan approval by all
appropriate governmental and utility authorities.." Thus, it would seem that this 'lease" has not yet
commenced and no one is paying any rent for this land pursuant to any lease. If you have any
questions, or if I can be of further assistance to you, please do not hesitate to give me a call.
Best Regards,
Greg
Gregory S. Duncan, Esquire
222 Court Square
Charlottesville, Virginia 22902
(434) 979 8556
The content of this email is confidential and intended for the recipient specified in message only. It is
strictly forbidden to share any part of this message with any third party, without a written consent of the
sender. If you received this message by mistake, please reply to this message and follow with its deletion,
so that we can ensure such a mistake does not occur in the future.
From: gregdun@ntelos.net
Sent: Thursday, May 23, 2019 4:53 PM
To: Tori Kanellopoulos
Cc: gregdun@ntelos.net; Pam Riley
Subject: RE: Community Meeting for Special Use Permit for Boyd Tavern
Application
Attachments: Shimp-Letter.pdf
Good Afternoon Tori,
Thank you for the link to the initial documents related to this application. Sorry I did not get the chance
to speak with you after last evening's community meeting. One of the first things I would like to
mention is the amount of water to be used by this ill-conceived project. The applicant stated that it
estimated it would use approximately 800 gallons of water per day. That is exponentially more than our
area can stand for any extended length of time. Worse, however, is the fact that the applicant directly
contradicts this estimate. On July 21, 2017, in an earlier discussion with the County about this project,
the applicant's engineer stated in a letter to Francis MacCall that "the best available guidelines for
estimating water usage come from the Department of Health and EPA." A copy of this letter is
attached. Id., p. 1. This letter stated that the proposed gas station would have 14 seats for people to
eat. Id. at p. 2. The Regulations are attached to the letter. While the applicant desires that its
development be judged under the "Restaurants, per seat" category, clearly, the more appropriate
category is "Interstate or through highway restaurants, per seat." See, attachment at p. 5. Under this
state regulation, the proposed gas station/restaurant will consume 2,520 gallons of water per day,
before the water used by the applicant's employees is added in. (14 X 180=2,520). This is the result
dictated by "the best available guidelines."
Kindly give this to Mr. Padalino when he returns from vacation. If you have any questions, please do not
hesitate to let me know.
Best Regards,
Greg
From: Tori Kanellopoulos <vkanell000ulos@albemarle.ore>
Sent: Wednesday, May 22, 2019 1:49 PM
To: gregdun@ntelos.net
Subject: Community Meeting for Special Use Permit for Boyd Tavern Application
Good Afternoon Mr. Greg Duncan,
My name is Tod Kanellopoulos, and I am the Neighborhood Planner representative for the Village of
Rivanna Community Advisory Committee (VORCAC). I will be at the community meeting this evening at 7
PM for the Special Use Permit application for Boyd Tavern.
I spoke with the lead reviewer of this application (Tim Padalino), who cannot attend the meeting as he is
out of town. He indicated that you would like a link to electronically access this application. Since we just
received the application yesterday, I am not sure if all documents have been uploaded. However, at
A Perspective on the Proposed Boyd Tavern Market
Sheetz Station at Zions Crossroads Showing Same Number of Pumps as Planned
for the Boyd Tavern Market
Is this the Future of Boyd Tavern?
By Dr. Hays Blaine Lantz, Jr.
4640 Vista Ct.
Troy, Virginia
540-624-9109
hayslantz@gmail.com
June,2019
Revised January, 2020
Table of Contents
Abstract............. ........ ......... ........... ........
................. 4
Introduction.............................................................................................................
5
ComparativeSituations..........................................................................................6
Location, Location, Location..................................................................................
7
TheBoyd Tavem Community ................................................................................
8
Availability of Water Resources.............................................................................
9
Shimp Engineering Letter of July 21, 2017..........................................................
10
EvansReport........................................................................................................
10
Studies of Groundwater Resources.......................................................................
11
Current Database of Well Yields in Boyd Tavern Area .......................................
12
WaterUsage..........................................................................................................
12
Comparative and/or Predictive Data...................................................................
13
Unanswered Questions.........................................................................................
14
Conclusions..........................................................................................................
15
References.............................................................................................................
15
Please note: Parts of this document were drafted in response to the original Special Use Permit and
appear in regular type. Type which appears in italics builds upon my original SUP response and is
largely based upon the revised SUP.
U
Abstract
The Boyd Tavern Market proposed by Tiger Fuel is a combination gasoline/convenience
store/fast food restaurant consisting of a one-story building of 3,739 square feet, along with twelve
gasoline pumps, and additional areas for eating outdoors and parking. This venture has created much
concern and consternation among residents of the Boyd Tavern community, as it would significantly
and forever alter the rural environment of the community by bringing much increased volume of traffic,
particularly off Interstate 64 at the 129-mile marker, along with noise and light pollution. Traffic would
be routed off I-64 onto Black Cat Road, a narrow two-lane country road that already serves as a
heavily traveled commuter route for people living in the far eastern part of Albemarle County and
adjoining Fluvanna County. It is well documented historically and scientifically this hydrogeologic
area of Albemarle County has issues of groundwater resources as it has produced many dry wells or
wells of low water yields, which have been a challenge for residents of the Boyd Tavern community.
The Bellair and Mill Creek Markets used by Tiger Fuel for comparative and predictive purposes for
traffic patterns and water usage do not serve as comparable situations as neither is an interstate market,
and both are located miles from I-64. The Boyd Tavern Market would be only 0.1 miles from the
interstate, and therefore is clearly an interstate market. Currently, a Special Use Permit (SUP)
application, dated May 20, 2019, has been submitted for review by Albemarle County staff planners.
Additional Response to Revised SUP Revision Dated December 10, 2019
Observations/Inferences: The revised SUP states the building will be less than 4, 000 square feet with
five gasoline pumps and 10 noz_les. There has been a reduction of one gasoline pump from the original
application. The justiftcation for this minimal reduction in the number of pumps (i.e. stations with less
than three pumps go out of business) is based upon speculation and little more, with no statistical or
objective correlation.
The overall footprint of the building and site have changed little. The location of pumps, parking,
lighting, and the building itself have been revised, but the overall original design is still there. For
example, there are no reductions in the size of dining areas, food preparation and serving areas,
number of tables, allotted parking spaces, or in the number of restrooms and associated plumbing
fixtures. Trafficflow will largely be unaltered to and from the two-lane Black Cat Road and water
consumption will unlikely be reduced from the original, but still largely unsubstantiated and elusive
estimate of 800 gpd. The applicants are now projecting daily water usage of 644 gallons. This number
keeps changing with no substantial datalevidence to support any such projection. The increased volume
of traffic with resultant noise, lighting, security, trash, etc. are still largely unaddressed. Route 250 and
Black Cat Road are already gridlocked during commuting hours.
The two sites (Mill Creek and Belair), which had been used before for comparative purposes in the
original SUP, are not been included in the revised SUP. Why? Perhaps the applicant was well aware
neither was an appropriate and/or comparable interstate location and thus had received much criticism
for these choices; or could it simply be the data from the new site at Ruckersville are more favorable?
0
Nevertheless, the Market at Ruckersville, which has been open for less than six months and is served by
dual lane highways, is now the new site used for water consumption and traffic comparisons. It should
be noted these current comparative data for water usage are for four months only and do not include
the heavily traveled summer months.
In the project narrative, there are two largely unsubstantiated and misleading quotes. The f rst of
which, `A Tiger Fuel Market at this location would serve a portion of the county that is heavily
traveled but largely underserved with appropriate services for the area. " Another quote is, "It also
should be noted that many of the stations provided as examples with two or three gasoline dispensers
continue to go out of business and undergo change of ownership. " Neither of these is backed with any
objective analyses or data and are a matter of opinion.
To justify the five pumps proposed for the Boyd Tavern Market, two stations are cited in the revised
SUP as being in the rural areas of the county and having four and f ve gasoline pumps — the Exxon at
Louisa Road and route 250 three miles east of Charlottesville, and the BP off exit 107 in the Crozet
area. Anyone travelling these two locations would not think of them as being rural, as both are heavily
traveled by all types of vehicles, including 18-wheel tractor trailers, and are served by dual lane and/or
multiple lane highways. The rush hour congestion at the intersection of routes 22 (Louisa Road) and
250 at the Exxon are well documented. Just ask the residents of Glenmore! To use these two sites as
examples of rural stations is indeed a stretch. If these are great examples of rural stations with the
number of pumps projected for the Boyd Tavern Market, then why are not their water usage data used
as well, instead of a newly established market in Ruckersville?
Questions: Why is the Yh Street Market, which is owned and operated by Tiger Fuel, still not used for
comparison data, as it is clearly an interstate -based location with years of usage data? Why is the
proposed Boyd Tavern Market still not classified as an interstate- based station? Why is the Sheetz
Station at Zions Crossroads still not used as a comparable situation, as it is comparable in footprint
and support facilities? How can this part of Albemarle County be underserved when there are six
gasoline and/or fast food establishments within 5-6 miles either way of the proposed market? If this
part of the County is already heavily traveled with commuter traffic, why add to the congestion? If
local traffic consists of an average of 8300 vehicles each day, where are the numbers for how much
more 1-64 traffic will add to this congestion? Where are the statistical correlations or other objective
analyses that stations with only two or three gasoline dispensers continue to go out of business? Are
there not just as many other plausible variables which could account for and correlate to businesses
changing ownership, other than the number of gasoline pumps?
Introduction
From the time I first learned of the proposed Boyd Tavern Market by Tiger Fuel, I have become
quite interested in the project as I live about 0.5 miles from the market site, just off Union Mills Road
in Keswick Farms, and drive by the site almost daily. I have attended a number of meetings dating
back to 2017 and have read everything I could find related to this endeavor. My background is in
5
biology/environmental science with degrees from James Madison University and a doctorate from the
University of Virginia. I do not pretend to be a hydrogeologist, but I do understand basic relationships
and interactions of soil types, fault zones, water filtration/movement, surface water, ground water,
aquifers, water quality, and general hydrology as they relate to environmental science and biodiversity.
I have asked questions at meetings, entailed Shimp Engineering, and have sought to gain a better
understanding of the project. I either get no answer, or generalized, nebulous, and evasive answers,
which is frustrating when I would like details. I do not believe the applicant has been forthcoming with
information, as was most evident during the recent community meeting on May 22, 2019, which was
conducted at the East Rivanna Community Firehouse. After a brief talk by the President of Tiger Fuel
extolling the virtues of the company, two visuals were shown with little to no explanation and then it
was opened to questions. I had emailed Shimp Engineering (Kelsey Schlein) about one week prior to
the Community meeting with a series of questions and received a reply about twenty-five minutes
before the meeting convened, which gave me no time to digest her response and/or formulate additional
comments and questions. Later in the week I followed up with additional email questions to Ms.
Schlein, which centered mostly on the comparative data Tiger Fuel used from the Mill Creek and
Bellair Markets and not the 5' Street Market; these data were used to calculate projected water usage at
the Boyd Tavern Market. To date I have received no acknowledgment or response to this last email.
As a greatly concerned citizen and potential neighbor to this project, I wanted to register my
observations and inferences, as well as related analyses and syntheses for opposing this project. I am
in no way opposed to business and industry, and am not anti -growth, as my family members and I have
worked in construction, banking, medicine, education, retail, finance, and entrepreneurship. In fact, my
propane is supplied by Tiger Fuel. The biggest problem I have with this Boyd Tavern Market is
simply location. I cannot think of a worse location for an interstate market than this site for the
reasons I will detail below. I have no problem with another site that is better suited for the volume of
traffic and drain on groundwater resources this project will bring.
Comparative Situations
Tiger Fuel representatives have often touted their experience with interstate -based
gasoline/convenience store/fast food restaurants. Yet, none of the locations cited by them for their
comparative and predictive data are located near an interstate, nor on a two-lane highway that already
serves as a heavily traveled commuter route. The Bellair Market (2 miles from interstate I-64) and Mill
Creek Market (3 miles from interstate I-64), which are often cited by them as interstate markets, are
served by multilane highways, and are considerable distances off the interstate. In addition, there is no
signage that would direct interstate travelers to either of these markets. In fact, if you did not know of
the location of these two Markets, they would be difficult to find. I have visited both markets on a
number of occasions over the past several years and the volume of traffic is nothing like what I see at
interstate stations, such as their 5a' Street Market or the Sheetz station at Zion Crossroads. The majority
of customers I encounter at both Bellair and Mill Creek consist of local residents. However, online
reviews of their 5 b Street Market reveal things such as "the station is easy to get to from the interstate"
and "it is usually a very busy station." Why is this location not used for comparative purposes? In my
6
opinion, neither the Mill Creek nor Bellair Market location serves as a positive or equivalent
correlation. Therefore, data extrapolated from these two Markets do not serve as a reliable or
creditable foundation for interstate market/convenience store/fast food restaurant comparisons.
Additional Response to Revised SUP Revision Dated December 10, 2019
Observations: The Market at Ruckersville is now the site used for water consumption comparisons. It is
a new location with little history of usage. Four months ofwater usage reveal a mean of 644 GPD, with
no details of where on the premises (i.e. restrooms, dining, food preparation, etc) this water was
consumed. These current comparative data for this new site consist of four months only and do not
include the heavily traveled summer months, nor is this an interstate -based location. In conversations
with employees of both the 5`i' Street Market and the Sheetz station at Zions Crossroads, they readily
acknowledge that much of their traffic and business consists of interstate travelers, often comprised of
families who are heavy consumers of water in restroom facilities, food preparation, and drinking
fountains. Little to no mention of the impact that interstate traffic will have on the Boyd Tavern Market
appears in the revised SUP proposal.
Questions: Why is the 5`h Street Market still not used for comparison data, as it is clearly an interstate
-based location, as is the proposed Boyd Tavern Market? Why is not the Sheetz station at Zions
Crossroads a comparable situation?
Location, Location, Location
The proposed Boyd Tavern Market would be the only commercial enterprise of note at mile
marker 129 off I-64 exit, and is only 0.1 miles off the interstate exit. This exit routes traffic onto Black
Cat Road, which is a narrow two-lane highway that already serves a large number of commuters and
local traffic each day. Additionally, a review of the site plan reveals the entrance to the Boyd Tavern
Market would be on a blind curve. The traffic light at the intersection of routes 250 and Black Cat
Road/Union Mills Road is often backed up 20-30 vehicles deep during the morning commuter traffic
(7-9:00 am) and often extends back past the entrance to Keswick Farms. During the evening commute
(4-6:00 pm) the traffic is often equally backed up in the opposite direction off the interstate exit. Noise
levels along Union Mills Road and Black Cat Road are greatly elevated during the commuter rush
hours. However, if one were to travel this route in the middle of the day they might be deceived as the
volume of traffic then does not begin to mirror rush hour traffic. I travel this intersection often as it is
my access to 1-64 and route 250. So, this is an actual observation and not an inference. The president of
Tiger Fuel stated during the May 22, 2019 community meeting the market would not service large
diesel trucks, recreational vehicles, trailers, and other similar vehicles. How does he propose to stop
them? Once on the two-lane Black Cat Road with a blind curve entrance/exit, where will these large
vehicles turn around? A comparably situated interstate station/market (Sheetz) at the Zion Crossroads
exit, with a comparable number of twelve gasoline pumps; is highly congested throughout most days
with such vehicles. For example, on Tuesday June 4, 2019, I witnessed six large RV's and trailers at the
gasoline pumps at Sheetz (more details on this later). How these large vehicles would navigate and turn
on an already busy two-lane highway is going to be a significant challenge. The Sheetz station is
7
serviced by a multilane highway (four lanes). Traffic congestion on Black Cat Road and Union Mills
will be a major issue. I have attached recent video of the Sheetz station at Zion Crossroads, which I
believe to be a comparable situation, that clearly demonstrates and reinforces this traffic congestion
issue.
Additional Response to Revised SUP Revision Dated December 10, 2019
Inference: Signage placed on Interstate 64 would clearly indicate the location of both an eating and
gasoline facility at mile marker 129.
Questions: How will Tiger Fuel control the flow of traffic from the interstate, which will certainly
contain large 18-wheel tractor trailers, RV's, travel trailers with tow -vehicles, box trucks, farm
equipment and other similar vehicles? How much will traffic be impacted with such vehicles attempting
to turn left out of the Market to get back to 1-64? Does Tiger Fuel plan to propose the installation of a
traffic light at this site, which will only add to traffic congestion?
The Boyd Tavern Community
The Boyd Tavern Market would reside in a residential community, with surrounding homes on
multiple sides. This is freely acknowledged by Tiger Fuel in their May 20, 2019 Shimp Engineering
application document in which they also call the proposed Market a "community gathering place." As I
am sure Tiger Fuel knows at this juncture, the Boyd Tavern community does not perceive this as a
community gathering place, but rather sees it as a community disrupter. Mr. Greg Duncan, Esquire has
over one hundred local signatures on a petition requesting this project be denied. The impact of
interstate traffic on this "community gathering place" is in no way acknowledged or explained by Tiger
Fuel. Obviously, the location of this Boyd Tavern Market is designed as a draw for interstate traffic.
Greatly increased volume of traffic along with associated noise and light pollution will be introduced
into this quiet neighborhood for much of the day and night. When asked at the May 22, 2019
Community Meeting whether Tiger Fuel would consider closing this market at dark, the answer was a
resounding NO. Hours would extend to at least ten o'clock pm, according to the president of Tiger
Fuel. The Tiger Fuel Markets at 5`s Street and Mill Creek are open 24 hours, and Bellair is open until
11:00 pm. These adjacent families will never know any peace or quiet again, and I cannot imagine
anyone wanting to purchase these properties in the future. So, these home/property values will
necessarily be devalued because of the Boyd Tavern Market. The Markets at Bellair, Mill Creek, and
51 Street Station are all located in commercial zones with many other businesses nearby, with
residential housing being some distance removed. If one wants to change quickly the rural environment
of the Boyd Tavern community, then this Market will accomplish that. The communities of Boyd
Tavern and other Tiger Fuel Market locations are NOT comparable.
Additional Response to Revised SUP Revision Dated December 10, 2019
Observation: Tiger Fuel has proposed the hours of operation to be 5: 00 am to 11: 00 pm (18 hours
daily for seven days per week). Intermittent noise levels of 80-90 decibels and beyond can be
L13
anticipated, along with much increased lighting. None of the sites used for comparisons are located in
residential communities.
Inference: Signage placed on Interstate 64 would clearly indicate the location of both an eating and
gasoline facility at mile marker 129.
Questions: When will nearby homeowners ever escape the increased noise and lighting issues just from
increased traffic alone? How will the increased volume of traffic be handled without causing ha=ardous
situations?
Availability of Water Resources
The issue of water consumption in a historically water -challenged geographic/hydrogeologic
area is a serious concern. The 800 gallons maximum daily consumption rate as proposed by Tiger
Fuel appears to be based upon a questionable methodology and data set; to be unsubstantiated
and even contradicted by their own existing correspondence and data; is in direct contradiction
to other reputable sources; and is never adequately addressed other than "we have experience in
this area and water consumption will be about 800 gallons per day." Exactly what kind of number
is the 800 gallons per day? How was it calculated? Is it a mean (an average)? If so what is the time
period, and what is the variance or standard deviation as water consumption in such an enterprise must
vary widely throughout the year? How does this compare to the 51 Street Market location? Or Sheetz at
Zion Crossroads?
The graph of water usage on page 2 of the Shimp Engineering letter dated July 21, 2017 to Mr.
MacCall is at best nebulous and seems to show water consumption rarely ever drops to 800 gallons per
day during any month at Bellair or Mill Creek. Most days are 900 gallons and more. In fact, in the letter
Justin Shimp states, "To examine the accuracy of the 900 gpd for Boyd Tavern Market, we have
reviewed usage data for the Mill Creek and the Market at Bellair." The next paragraph contains, "Since
the toilet replacements, water usage has stayed below 1,000 gpd for Mill Creek, versus the 1,100 gpd
predicted by the standard calculations, and has only surpassed 1,000 gpd six times at Bellair, with a
maximum of 1,107 gpd, significantly under the 1,350 gpd estimated." These data are from the years
2013-2016. Where did the 800 gpd metric then come from? What would more current data on water
usage show? And why are these current data not presented? Why is the Ss' Street Market data never
used for comparisons and correlations, as it is clearly an interstate location (0.15 miles from interstate)?
Why is the Sheetz station at Zion Crossroads never used as a correlation? It is similarly located just one
exit east off the interstate, is comparable in its footprint, and is configured with a similar number of
pumps, restroom facilities, seating capacity, convenience store, and restaurant.
Additional Response to Revised SUP Revision Dated December 10, 2019
Inferences: It is more than obvious that data from the Market at Ruckersville were used for the new
comparison as these data are more favorable for Tiger Fuel. Signage placed on Interstate 64 would
9
clearly indicate the location of both an eating and gasoline facility at mile marker 129 and attract a
greatly increased volume of traffic.
Questions: How are the data from the Market in Ruckersville applicable and/or reliable for projecting
water usage at an interstate -based site? Why are these statistically unsupported and uncorrelated data
used? What exactly is the anticipated water usage, as this number seems to be elusive and nebulous at
best? When will nearby homeowners ever escape the increased noise and lighting issues just from
increased traffic alone?
Shimp Engineering Letter of July 21, 2017
Additionally, the Shimp Engineering letter to Mr. Francis MacCall dated July 21, 2017, stated,
"The best available guidelines for estimating water usage come from the Virginia Department of Health
and the EPA." A Virginia Department of Health guidelines chart was attached to the letter (12 VAC 5-
590, Waterworks Regulations). The chart showed that an Interstate or through highway restaurant water
usage would be based upon the number of seats provided for patrons for dining. The proposed Boyd
Tavern Market would have fourteen seats. Each seat would be allotted 180 gallons of water usage daily,
based upon the Virginia Department of Health guidelines. This would result in 2520 gallons (14 seats
X 180 gallons = 2520) of water being used daily just for this purpose alone. This greatly exceeds and
contradicts the projections from Tiger Fuel by at least a factor of 3. Additionally, the July 21, 2017
letter contained the statemen, "The applicant shall install and maintain a tamper proof, flow restriction
device limiting water flow to no more than 1,312 gpd." Why then is the projected maximum daily
consumption projected to be only 800 gallons? Why does the applicant contradict their own
conclusions by claiming they have experience with interstate markets, and clearly the proposed
Boyd Tavern Market is an interstate location, yet they want to use standard restaurant guidelines
of water consumption, and not those of interstate or through restaurant/highway per seat?
Additionally, Virginia Department of Health guidelines stipulate an allowance of 10 gpd of water
per vehicle served for service stations. This number is never factored into the 800 gpd metric
anywhere.
Evans Report
Dr. Nick Evans of Virginia Groundwater LLC was commissioned to prepare a report for Tiger
Fuel which was subsequently entitled Boyd Tavern Market, TMP 94-39, Tier 3 Ground Water
Assessment, Groundwater Management Plan (dated March 31, 2017, Modified May 4, 2018). In his
report Dr. Evans' findings were predicated entirely upon the premise that a maximum of 800
gallons of water would be consumed daily by the Market and consequently he built his entire
report and key findings around this metric. Would his key findings change if indeed the Boyd
Tavern Market were to use 2,520 gallons of water daily as projected by other sources? The Evans
report is primarily a restatement of that which has already been documented in more comprehensive
studies conducted earlier by the Virginia State Water Control Board and DEQ (Sterrett and Hinkle,
1980; White, 2019) and previous investigations by Cross (1960) and Dekay (1972). Evans did not
include any bibliography or cite any of these studies. Why not when the well yield data from these
10
studies are much more inclusive and comprehensive? Seven hundred sixty-one (761) wells are included
in the Sterrett and Hinkle study. Evans includes eleven (11) domestic wells and four (4) public water
wells located within 2000 feet of the property. He goes on to state, "The greater yields are likely due to
increased bedrock fracture density in the Mountain Run fault." He also commented there were no
observable fissures or fractures on the proposed Boyd Tavern Market site. The fifteen wells cited in his
report are at lower elevations, are mostly located on the opposite side (east) of the drainage divide, and
are located often in draws and flats, which are more conducive to water production. How about the
wells of lesser yield in this same area? Why were they not included? Are they due to the same fault
zone? Why were well yield data included in the Evans report for the Everona limestone formation (a
highly productive water source at some distance to the west of the Boyd Tavern Market), when the
proposed market would be situated above a different underlying bedrock structure?
Studies of Groundwater Resources
In December 2017, another study was published by the Timmons Group Water and Wastewater
Facilities Plan for Keswick Hall and Golf Club. In the Timmons study the following was stated, "There
are two geologic formations located in the Keswick area. A majority of the Keswick property is
underlain by the Loudoun Formation, also known as the Chandler Formation, which does not contain
prolific subsurface anomalies conducive to high groundwater yields." The proposed Boyd Tavern
Market would be located in the Chandler Formation.
Among the findings/conclusions in the Sterrett and Hinkle study were (1). "Wells developed in the
metasedimentary rocks in the eastern part of the county offer the lowest ground water potential. Over
half the wells produce less than 5 gallons per minute and water bearing fractures are not
encountered deeper than 100 feet." Fifty-four percent (54%) of wells drilled in the Boyd Tavern area
of Albemarle County have historically produced less than a flow of five gallons per minute, and of
these many produced flows of three (3) gallons per minute or less. (2) The belts underlying this portion
of the county have significantly lower ground water potential than the remainder of Albemarle County.
To date, no test wells have been drilled on the Boyd Tavern Market site that could be used for
predictive purposes. Dr. Evans cites the Mountain Run Fault Zone and its proximity to the proposed
Market. However, "The permeability of fault zones impacts diverse geological processes such as
hydrocarbon migration, hydrothermal fluid circulation, and regional groundwater flow, yet how fault
zones affect groundwater flow at a regional scale (1-10 km) is highly uncertain (Malgrange and
Gleeson, 2014)."
According to Evans, summary data were examined from 290 wells in the County database that were
constructed in the same bedrock formation as underlies the property. The average yield of these wells is
7.7 GPM (gallon per minute), which is low to moderate relative to average yields from other geologic
formations in the county. He went on to further state that dry holes or zero GPM wells are under
reported in the database. A nearby facility Virginia Department of Highways shows two wells on their
site with yields of 1 and 8 gallons per minute respectively (Sterrett and Hinkle, 1980). Why were these
data not included in the Evans report? or the data from residents along Mechunk Road, who have
reported yields of 0-5 gpm? Having spoken to many neighbors who live near this proposed facility and
11
who have wells with low flow rates, the availability of water is a major concern for them for opposing
the Boyd Tavern Market. One neighbor on Mechunk Road had to have two wells fracked just to get a
flow of water, and even then, it was in the 1-5 gpm range. The bedrock associated with the aquifer
underlying the proposed site is labeled as cpcl (abbreviation used to indicate geologic age of a water
bearing unit — aquifer) and historically cpcl locations have very low yields countywide (Sterrett and
Hinkle, 1980). Numerous wells in cpcl formations were reported as dry wells. My well and others along
Fox Hunt Drive in Keswick Farms fall into this cpcl category! Without any exploratory wells, Tiger
Fuel has no idea of the potential of groundwater resources underlying the property.
Current Database of Well Yields in Boyd Tavern Area
Mr. Brad White of the Virginia Department of Environmental Quality and Manager of the
Groundwater Characterization Program recently provided a current database of water yield of one
hundred eighty-seven (187) wells, all located within two miles of the proposed Market. All were
located in similar bedrock formations. Eighteen of the wells were reported as dry wells. The mean for
water yield for these 187 wells was 6.12 gpm. One hundred fourteen (114) of the wells in this database
had yields of 5 gpm or less. The standard deviation for these 187 wells was 8.458, indicating rather
high variance, which was largely due to five outliers above 40 gpm.
Additional Response to Revised SUP Revision Dated December 10, 2019
Observations: Water usage data from the Market at Ruckersville were used for the new comparison as
these data are more favorable for Tiger Fuel When asked to weigh in on this subject of water usage for
the Boyd Tavern Market, Mr. Josh Kirtley of the Virginia Department of Health commented in an email
to Tori Kanellopoulos, "I do not believe it is VDH's role to comment as to the suitability of a proposed
project with regards to potential groundwater impacts. "
Questions: Why does the topic of the availability of ground water resources remain an elusive one?
Why do the water demand numbers keep changing, as we have far different projections of usage in the
two SUP applications and their associated studies?
Water Usage
How much water does the average person use at home per day? Estimates vary, but each person uses
about 80-100 gallons of water per day. The largest use of household water is to flush the toilet, and
after that, to take showers and baths. When both the internet sites for the United States Geologic Survey
(USGS) and Environmental Protection Agency (EPA) estimate that a person uses 75 gallons of water
per day and an average family 300 gallons per day, how can it be that a business that will draw
hundreds of customers daily will only use 800 gallons? The president of Tiger Fuel responding to my
questions about this during the May 22, 2019 community meeting, stated, "all water used by the facility
will go back into the drain field and then be returned to the aquifer." Anyone familiar with the
hydrologic cycle knows this is certainly not the case. Dr. Evans stated in his review that only about
15% of annual precipitation would contribute to groundwater recharge. This would amount to about 6.6
12
inches annually. And he went on to state water from the drain field would return to the aquifer. But he
never states how much and seems to contradict his own projection. Because of the topology of the site
being the highest point around, "there would be little hydraulically -driven recharge from off -site." This
would imply the drain field for the Market by the force of gravity would feed downhill and off -site, and
the source of groundwater for the facility would come from adjoining properties. Because of the
topography of the site being the highest point in the area, wells drilled in similar situations have had
poor yields and had to be drilled deep (Sterrett and Hinkle, 1980).
Comparative and/or Predictive Data
For several years I have observed the operation at the Sheetz location at Zion Crossroads during
my shopping forays in that area. I am one interstate exit removed from this location. More recently, my
observations are based upon the belief this location and business model are very similar to what is
being proposed for the Boyd Tavern Market and therefore would give me a realistic assessment of
traffic patterns and water consumption. There are those who will argue this Sheetz station is not
comparable to what is being proposed as it is surrounded by many other businesses that attract
consumers. But, this is true also of Bellair, Mill Creek, and 5 b Street Market locations as well. It is also
true there are three other comparable gasoline/convenience stores/fast food restaurants at the Zion
Crossroads exit. And obviously, they dilute the volume of traffic to Sheetz. Additionally, it has been
my observation the bulk of the Sheetz traffic is interstate traffic, as upon exiting the Sheetz station the
vast majority of vehicles return to Route 15 south, toward I-64. It is generally acknowledged interstate
travelers are heavy users of restroom facilities, and the data below reinforce that. Employees at Sheetz
have supported this inference as well. This Sheetz interstate location is certainly a better match
than either the Bellair or Mill Creek Markets.
I began to collect data on the number of vehicles serviced at the gasoline pumps, along with the
number of large recreational vehicles and trailers, and the number of people using the restroom
facilities during timed five-minute intervals at this Sheetz location. I purchase gasoline at this Sheetz
location and often use the facilities and travel here for shopping at various times of the day and night,
and average 3-4 trips each week typically to Sheetz, Lowes, Walmart, and nearby restaurants. It is
during these times I have observed and collected these data. I purposely avoided data collection at peak
hours of 7-9:00 am and 4-6:00 pm, as the Sheetz website showed these hours to be their peak business
hours, and I certainly did not want to skew the data and/or be accused of cherry -picking data. Many
online reviews by customers centered on how busy the location was and the lack of cleanliness of the
restrooms.
The methodology I used was to record the date and time, and to count every passenger vehicle,
and separately large recreational vehicles and trailers, that filled up with gasoline and left, or were at a
pump, or were in -line at the end of this five-minute interval. Often, vehicles were lined up two -deep at
a single pump at the end of the five minutes. I recorded also the total number of individuals who
entered a restroom, with the assumption they used urinals and/or commodes, as well as sinks for
13
washing hands. Based upon water consumption for these restroom facilities only, I calculate
conservatively that each person would use 1.5 gallons of water per restroom visit.
The time period for my observations and data collection was from March to June 2019. The
majority of the observations were during daylight hours between 9:00 am and 3:00 pm. Based upon a
total of twenty (20) five-minute observations to this date, the mean for vehicles serviced was 22.38 per
five minutes and the standard deviation was 7.37. The mean for the number of persons entering a
restroom per five minutes was 23.55. And the standard deviation was 8.03. Based upon these
calculations, the following conclusions can be extrapolated:
1. For every sampled five-minute interval, 35.32 gallons of water were used just for
restroom facilities (23.55 persons x 1.5 gallons of water usage).
2. For every sampled five-minute interval 22.38 vehicles (both recreational and passenger
vehicles) were either serviced, or at a pump, or in -line for gasoline.
3. Similar observations and data have been gleaned from the 51' Street Market.
Unanswered Questions
1. How will Tiger Fuel address congestion issues on a two-lane highway that is already quite
busy?
2. How will large recreational vehicles, trailers, and similar vehicles be stopped from using the
I-64, 129 Exit, as Tiger Fuel states they will not be serviced at this Market?
3. What will be the hours of operation?
4. Will it be open twenty-four hours as are many of Tiger Fuel Markets?
5. Does Tiger Fuel plan to request a traffic light at this location?
6. How will light and noise levels be minimized and controlled?
7. Who will monitor trespassing after hours?
8. Who will collect litter that is bound to accumulate near the station?
9. Where did the 800 gpd metric come from and how exactly was it calculated?
10. Is the 800 gpd estimate a realistic one, given the proposed Boyd Tavern Market is clearly an
interstate Market?
11. Why were water consumption data not used from the 51 Street Market or Sheetz for
comparative purposes, rather than the Bellair or Mill Creek locations?
12. How large a water storage tank do they proposed to install?
13. Recharging the aquifer is mentioned in the Evans report, but there are no attempts to
quantify it. Where is a more detailed explanation of the projected volume of this recharge?
14. Why was the Evans study based upon an 800 gpd consumption metric only?
15. Why were well yield data included in the Evans report for the Everona limestone formation
(a highly productive water source to the west of the Boyd Tavern Market), when the
proposed market would be situated above a different underlying bedrock structure?
16. Why were not more well yield data included in the Evans report when the data clearly were
available?
14
17. How many wells does Tiger Fuel plan to drill on the property to get the water yield they will
need?
18. How will water usage data be collected and reported for the Boyd Tavern Market if the SUP
is approved?
19. In light of the volume of traffic and water consumption at the Sheetz station, just one
interstate exit removed, how reasonable is it to project only 800 gallons of daily water
usage for the Boyd Tavern Market?
20. How much would the water consumption and traffic increase for the Sheetz station at exit
273, if it were not for the fact there are three other comparable gasoline/convenience
stores/fast food restaurants at that same interstate location to absorb some of the traffic?
21. Is Tiger Fuel prepared to compensate landowners for wells that fail as a result of the water
demands of the Market?
22. Is Tiger Fuel prepared to install a tamper -proof cutoff valve/device once the water usage
reaches the 800 gpd level or the lesser amount cited at the Ruckersville location?
Conclusions
For the reasons and support cited above, the proposed Boyd Tavern Market is simply in the wrong
location. Increased traffic congestion, noise, lighting, and water consumption are unacceptable
to the Boyd Tavern Community, who will bear the brunt of this ill-conceived project. The revised
SUP does little to address the primary issues of greatly increased traffic with associated noise,
lighting, security, and water usage. To refer to this proposed location in glowing language such
as a "community gathering place to have a cup of coffee in an underserved area" does little to
minimize the many concerns and, in fact, merely further adds fuel to the debate. The residents of
the surrounding community feel this is nothing more than a profit -driven enterprise with little
regard to how it will impact the environment, groundwater resources, its neighbors, or the
surrounding community.
References
Auletta, V. M. (1979). Statistical Investigations of Ground Water Yields in the Piedmont.
Unpublished report. Virginia State Water Control Board.
Conservation and Economic Development, (1963). Geologic Map of Virginia. Virginia Division
of Mineral Resources.
Cross, Whitman 11. (1959). Ground Water Resources of the Western Half ofAlbemarle County,
Virginia. Unpublished M.S. Thesis, University of Virginia.
DeKay, Richard I. (1972). Development of Ground -Water Supplies in Shenandoah National
Park Virginia. Virginia Division of Mineral Resources, Mineral Resources Report 1-0, L972.
15
Evans, Nick. (2017, March 3/ Modified May 4, 2018). Boyd Tavern Market, TMP 94-39, Tier 3
Ground Water Assessment, Groundwater Management Plan. Prepared for Shimp Engineering,
Charlottesville, Virginia.
Malgrange, Juliette and Gleeson, Tom (2014, January). Shallow, old, and hydrologically
insignificant fault zones in the Appalachian orogen. Civil Engineering and Applied Mechanics,
McGill University, Montreal, Quebec, Canada Journal of Geophysical Research: Solid Earth.
Retrieved from URL https://agupubs.onlinelibrary.wiley.com/doi/M
Nelson, Wilbur A. (1962). Geology and Mineral Resources of Albemarle County, Virginia.
Virginia Division of Geology and Mineral Resources. Bulletin 77. Retrieved from URL
https://www.dmme.virginia.gov/commercedocs/BUL_77. pdf
Shimp, Justin. (July 21, 2017). Letter Sent to Francis MacCall, Albemarle County, Department
of Community Development, from Shimp Engineering. Regarding Body Tavern Market.
Sterrett, R. Mc Chesney and Hinkle, Kenneth R. (1980, December). Ground Water Resources
of Albemarle County, Virginia. Valley Regional Office, Commonwealth of Virginia.
State Water Control Board, Bureau of Water Control Management, Richmond, Virginia.
Planning Bulletin 326. Retrieved from URL https://www.deg.virginia.gov.
White, Bradley (June, 2019). Boyd Tavern Well Water Yield Database. Ground Water
Characterization, Department of Environmental Quality,
16
SP201900006
SUMMARY OF COMMENTS RECEIVED VIA PHONE CALLS
Phone call with Resident #1 on 06-20-19
• Concerned about traffic and safety. Road busy and difficult to turn out of already. Concerned about
kids waiting for the bus and their safety
• Not the right location for this proposal. The scale of Boyd Tavern (existing) is much more
appropriate
• Will change the character of the neighborhood and cause detriment to neighbors
Voicemail from Resident #2 on 06-20-19
• Lives on Mechunk Road
• Expressing opposition to this proposal
Voicemail from Resident #3 on 06-20-19
• Neighbor in the area
• Greatly opposed to the proposal
• Thinks will be very detrimental to the area
Phone call with Resident #1 on 01-13-20
Continue to be opposed to project even with resubmittal
Not a single change has helped
• Gas station would change character of neighborhood
• Nothing would make gas station ok with Comp Plan — no tourist stop
No one approves of it in nearby area
• Horses next to gas station — lights bad at night; farm has horses at corner
• Old Boyd Tavern only had 3 pumps w/ one nozzle each — real country store; reopening again
• 6 mins from Pantops and Zion Crossroads
• Many other uses on property instead
Applicant knows this is rural area