HomeMy WebLinkAboutWPO201900027 Review Comments WPO VSMP 2021-03-12� AI
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
Project title:
Project file number:
Plan preparer:
Owner or rep.:
Plan received date:
Rev. 1 received:
Rev.2 received:
Rev.3 received:
Date of comments:
Rev. 1 comments:
Rev. 2 comments:
Rev. 3 comments:
Reviewers:
VSMP Permit plan review
Pleasant Green Connector Road
WP0201900027
Collins Engineering [scoff@collins-engineering.com]
SM Charlottesville LLC
15 April 2019
08 Oct 2020
14 Dec 2020
01 Feb 2021
14 May 2019
05 Nov. 2020
20 Jan 2020
12 Mar 2021
Emily Cox
County Code section 17-410 and Virginia Code §62.1-44.15:34 requires the VSMP authority to
act on any VSMP permit by issuing a project approval or denial. This project is denied. The
rationale is given in the comments below. The application may be resubmitted for approval if all
of the items below are satisfactorily addressed. The VSMP application content requirements can
be found in County Code section 17-401.
A. Stormwater Pollution Prevention Plan (SWPPP)
The SWPPP content requirements can be found in County Code section 17-405. A SWPPP must
contain (1) a PPP, (2) an ESCP, (3) a SWMP, and (4) any TMDL measures necessary.
1. SWPPP was not provided with this submission. Please provide a SWPPP with all requirements.
The County suggests the submission of a 2014 and 2019 DEQ registration statement in the
SWPPP. Rev. 1: SWPPP or updated registration statement and coverage map must be
provided. Rev. 2: Comment addressed. Please provide a complete new SWPPP with the
most recent signed registration statement and the overall coverage map. Rev. 3: Comment
addressed.
2. Please check NO in section III for will a separate permit cover this activity. The offsite area
is part of VAR10M834. Rev. 3: Did not check NO in this area.
area, list the contents of the excavated fill material:
Will a separate VPDES permit cover this off -site activity? I YES ❑ NO ❑
3. Rev. 3: Please update the proposed start date as it has already passed.
B. Pollution Prevention Plan (PPP)
The PPP content requirements can be found in County Code section 17-404.
1. PPP not provided with this submission. Please provide a PPP with all requirements. Rev. 1:
Comment not addressed. Rev. 2: Comment addressed.
Engineering Review Comments
Page 2 of 5
C. Stormwater Management Plan (SWMP)
VSMP Regulation 9VAC25-870-108 requires the VSMP authority to approve or disapprove a
SWMP. This plan is disapproved, and the reasons are provided in the comments below. The
stormwater management plan content requirements can be found in County Code section 17-403.
1. How are water quality and water quantity requirements of this proposed road being addressed?
Rev. 1: Comment addressed or other comments now issued more specific to this question.
2. This road goes through a recorded SWM forest & open space easement. See attached plat,
SUB201600238. The plat must be amended before this plan can be approved. Rev. 1: Comment
not addressed. Rev. 2: Comment not addressed, but based on email, plat was submitted. Rev. 3:
This vacation plat (SUB202100006) must be recorded before this WPO Plan can be
approved.
3. WPO201600069 utilized the above referenced forest & open space in their VRRM spreadsheet
therefore that WPO plan must be amended to show the removed forest & open space. The plan
did have excess water quality credits, however the developer has already used them on a project
called Brookdale. Rev. 1: Comment not addressed. These have different operators, therefore
cannot be computed and revised with this project. Please see 9VAC25-870-69. The other plan
still needs an amendment. Rev. 2: Comment addressed. However, that plan amendment
(WPO201600069) must be approved before this plan can be approved. Rev. 3: Comment still
applies.
4. SDP #'s are referenced and say under review. Please remove the status as it may change by the
time this plan is approved. The plan # is enough. Also add the associated WPO #. Rev. 1:
Comment addressed.
5. A mitigation plan is refenced on the cover sheet. However, there are no details or plans for the
mitigation in this plan set. Please clarify. Rev. 1: Comments on mitigation plan listed below in
section E. Rev. 2: Comment addressed below in section E.
6. Provide all applicable permits for work in Powells Creek. (CLOMR-F, approved FDP permit and
approvals from Army Corps of Engineers, etc.) Rev. 1: Comment not addressed. Rev. 2: Corps
permit received. Please provide CLOMR-F. Rev. 3: Comment not addressed.
7. Provide the approved plan number where the design for the triple box culvert and wing walls are
located. This plan cannot be approved until that plan is approved. Rev. 1: Comment not
addressed. This design is in SUB2019000058. Rev. 2: This will be reviewed and approved
with the road plan. However, please note that you should not construct it without road plan
approval. Rev. 3: Comment acknowledged.
8. Rev. 1: Per condition #5 in SP201900002, the greenway must be dedicated before grading permit
can be issued. Rev. 2: Comment not addressed, but per email, plat has been submitted. Rev. 3:
SUB202100003 must be recorded before this plan can be approved.
9. Rev. 1: Per condition #7 in SP201900002, a Phase II environmental assessment must be
completed before VSMP or final subdivision plat approval. Rev. 2: Comment addressed per
report dated 11/11/2020.
10. Rev. 1: Please provide specifications for the bioretention materials. Rev. 2: Comment
addressed.
11. Rev. 1: Please specify the outfall location that was the "point of analysis". It is unclear on
the plan. (The outfall at the creek? The bioretention outfall?) Rev. 2: Comment addressed.
12. Rev. 1: Is the ponding depth proposed to be Ht? 6" is preferrrd nnlrgq thr nronogrd nlnntq
can endure 1ft of water. Rev. 2: Comment addressed.
13. Rev. 3: See attached letter from Megan Nedostup. This plan cannot be approved until that
issue is resolved.
14. Rev 3: See comments on image below:
Engineering Review Comments
Page 3 of 5
PLEASANT GREEN WATER QUALITY MASTER PLAN
SUMMARY OF PHOSPHOROUS REMOVAL RATE REQUIRED
Total Phosphorous Removal Rate Required for Proposed Pleasant Green Phases I, 11, III and the Connector Road 24.S6 Ibs/yr
(See this plan's report & the WPO 20200DO53 forthe Ove'all Pleasant Green Water Quality Analysis)
Portion of Phosphorous Removal Rate Provided (By Othe's) for Connector Road's Impacts to SWM Forest & Open Space Esmt 0.27 Ibs/yr
(See WPO 2D1600069 Amendment 11)
Total Phosphorous Removal Rate Required for the Proposed Pleasant Green 24.29 Ibs/yr
SUMMARY OF PHOSPHOROUS REMOVAL RATE PROVIDED
Approved Phase I (WPO 201900003) Phosphorous Removal Rate Achieved from Nutrient Credits
6.97 Ibs/yr
Proposed Phosphorous Removal Rate Achieved from Phases ll&III(WPO 202000053) Level ll Wet Pont Outfalling to Conservation Area (Subarea B)
7.59 Ili
Proposed Phosphorous Removal Rate Achieved from Phases ll&III(WPO 202000053) Outfa ll to a Vegetated Filter Strip (Subarea Q
5.07 lbs/yr
Proposed Phosphorous Removal Rate Achieved from Phases 11&111(WPO 202000053)Outfall to a Vegetated Filter Strip (Subar O)
3.061bs/yr
Approved Phase I CATO 201900003) Phosphorous Removal Rate Achieved from the Level II Bioretention Basin (Subarea E)
1.42 Ibs/yr
Proposed Phosphorous Removal Rate Achieved from Phases II & III (WPO 2020D0053) SWM Forest & Open Space Easement
1.59 Ibs/yr
Total Phosphorous Removal Rate Provided
Total Phosphorous Removal Rate Provided Onsite
Percentage of the Required Phosphorous Removal Rate Treated Onsite (18.73 / 24.30 g 100)
25.7D Ibs/yr
18.73 111
77 %
-The 0.27 Ib/ yr cannot be subtracted from the Pleasant Green requirements. Those
nutrient credits were required for the WP0201600069 Plan. Pleasant Green removed the
forest and open space and needed to replace the credits for that plan. The credits are
independent of the Pleasant Green removal requirements. The plan still appears to meet the
75% on site treatment, even with removal of that 0.27, but please show it that way.
-As stated in your calculations packet, page 58, WP020200053 must be approved
before or concurrently with this plan since this analysis is counting on that plan's nutrient
removal.
D. Erosion and Sediment Control Plan (ESCP)
Virginia Code §62.1-44.15:55 requires the VESCP authority to approve or disapprove an ESCP.
This plan is approved, and the reasons are provided in the comments below. The erosion control
plan content requirements can be found in County Code section 17-402.
1. Please provide a note or plan for how to stabilize the area that was used as a stream diversion.
Rev. 1: Comment addressed.
2. Sheet 4 has a note in the top right corner that references a sanitary sewer installation. Is this a
mistake? Rev. 1. Comment addressed.
3. Sheet 5 has a note regarding slopes steeper than 3:1 that are not allowed with this plan. Please
revise the grades and remove the note. Rev. 1. Comment addressed.
4. Provide dimensions and calculations for all outlet protection shown on the plan. Rev. 1. Comment
addressed.
5. Provide drainage to the stream crossing to show it is less than 1 square mile. VESCP 3.25 is for
drainage areas less than that. Rev. 1: Comment addressed.
6. Show that type B channel lining is adequate (velocity?). Rev. 1: Comment addressed.
7. Rev. 1: Per the BMP clearinghouse practice 9, the bottom of the sediment trap should be at
least lft above the post -construction excavation. This sediment trap bottom is 690 and the
bioretention bottom is 691.5, which is the opposite. Rev. 2: Comment addressed.
8. Rev. 1: [Sheet 31 Please review the project description in the narrative. It references this
WPO and a different acreage? It is also noted on Sheet 4. It appears it should be:
WP020190003-amendment 1. Rev. 2: Comment addressed.
9. Rev. 1: Per the VESCH, the maximum height of the sediment trap embankment is 5ft. This
appears to be 6 ft (698-692). Rev. 2: Comment addressed.
E. Mitigation Plan
Engineering Review Comments
Page 4 of 5
1. Rev. 1: Please provide details and cross sections for #2, stream bank stabilization. Rev. 2:
Comment addressed.
2. Rev. 1: Show the area that will be planted in #4. If it is not in the buffer, it must be in an
easement. Rev. 2: Comment addressed.
3. Rev. 1: Ensure all proposed plantings are native. Rev. 2: Comment addressed.
4. Rev. 1: Provide a maintenance plan and schedule of completion for the mitigation. Rev. 2:
Comment addressed.
5. Rev. 1: Provide details, schedule/sequence and plan for removal of the concrete dam. Also,
provide applicable permissions/permits (Army Corps of Engineers). Rev. 2: Comment
addressed.
The VSMP permit application and all plans may be resubmitted for approval when all comments have
been satisfactorily addressed. For re -submittals please provide 2 copies of the complete permit package
with a completed application form.
Engineering plan review staff are available from 2-4 PM on Thursdays, should you require a meeting to
discuss this review.
Process:
After approval, plans will need to be bonded. The bonding process is begun by submitting a bond
estimate request form and fee to the Department of Community Development. One of the plan reviewers
will prepare estimates and check parcel and easement information based on the approved plans. The
County's Management Analyst will prepare bond agreement forms, which will need to be completed by
the owner and submitted along with cash, certificates or sureties for the amounts specified. The
agreements will need to be approved and signed by the County Attorney and County Engineer. This may
take 2-4 weeks to obtain all the correct signatures and forms.
Stormwater Management Facilities Maintenance agreements will also need to be completed and recorded
The County's Management Analyst or other staff will prepare the forms and check for ownership and
signature information. The completed forms will need to be submitted along with court recording fees.
After bonding and agreements are complete, county staff will need to enter project information in a DEQ
database for state application processing. DEQ will review the application information based on local
VSMP authority approval. At this time, the DEQ portion of the application fees will need to be paid
directly to the state. For fastest processing, this is done electronically with the emails provided on the
application. DEQ should notify applicants with instructions on how to pay fees. When DEQ approves
the application, they will issue a permit coverage letter. This should be copied to the county.
After DEQ coverage is issued, via the coverage letter, the County can hold a pre -construction conference.
Applicants will need to complete the request for a pre -construction conference form, and pay the
remainder of the application fee. The form identifies the contractor and responsible land disturber, and
the fee remaining to be paid. This will be checked by county staff, and upon approval, a pre -construction
conference will be scheduled with the County inspector. At the pre -construction conference, should
everything proceed satisfactorily, ajoint VSMP and grading permit will be issued by the County so that
work may begin.
County forms can be found on the county website forms center under engineering;
http://www.albemarle.orgtdeptforms.asp?department=cdengWo
Engineering Review Comments
Page 5 of 5
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
February 9, 2021
Updated: February 10, 2021*
Jeremy Swink
Vice President, Land — Charlottesville and Richmond Divisions
Stanley Martin Homes
404 People Place #303 Charlottesville, VA 22911
RE: Pleasant Green Phase 2 Plans of Development
Mr. Swink,
Pursuant to Virginia State Code § 10.1-606.3, the Department of Conservation and Recreation (DCR) has
made the determination that Phase 2 will change the spillway design flood standards of the impounding
structure, see attached email correspondence.
Pursuant to the same section of the Virginia State Code, "If the Department determines that the plan of
development would change the spillway design flood standards of the impounding structure, the locality
shall not permit development as defined in §15.2-2201 or redevelopment in the dam break inundation
zone unless the developer or subdivider agrees to alter the plan of development so that it does not alter
the spillway design flood standard required of the impounding structure or he contributes payment to the
necessary upgrades to the affected impounding structure pursuant to § 15.2-2243.1 ...."
Therefore, the County cannot approve the following applications until this matter is resolved in
accordance with Virginia State Code § 15.2-2243.1.
1. WP0202000053 Pleasant Green Phase II —VSMP
2. SUB202000226 Pleasant Green Phase II — Road Plans
3. SUB201900058 Pleasant Green Connector Road Plan
4. WP0201900027 Pleasant Green Connector Road- VSMP*
Optional alternatives:
Request that DCR reconsider its determination — DCR would need to determine not whether existing
development has changed the spillway design flood standards of the impounding structure, but
whether the pending plan of development would change the spillway design flood standards of the
impounding structure (Virginia Code § 15.2-2243.1(A)).
Pagel of 2
Alter the plan of development so that it does not alter the spillway design flood standard required of
the impounding structure (Virginia Code § 10.1-606.3(A)) — DCR would again make any determination
of any altered plan(s) of development.
Required procedures if/when the above alternatives are exhausted:
1. Submit an engineering study to DCR to provide a contract -ready cost estimate for conducting the
upgrades to the impounding structure (Virginia Code § 15.2-2243.1(A)).
2. Contribute 50 percent of the contract -ready costs for necessary upgrades to the impounding structure
attributable to the development, together with administrative fees (Virginia Code § 15.2-2243.1(B)) --
Those amounts would be payable to Dam Safety, Flood Prevention and Protection Assistance Fund
held by the Virginia Resources Authority (County Code § 14-441(A) and § 18-32.8.6(a)).
Please note that the Virginia State Code outlines the order in which the study and payment occur. The
code states the following: "Following the completion of the engineering studies in accordance with
subsection A, and prior to any development within the dam break inundation zone, a locality shall require
that a developer or subdivider of land pay 50 percent of the contract -ready costs for necessary upgrades
to an impounding structure attributable to the development or subdivision, together with administrative
fees not to exceed one percent of the total amount of payment required or $1,000, whichever is less."
Respectfully,
Megan Nedostup
Development Process Manager— Planning Services Division
Albemarle County Community Development Department
mnedostup@albemarle.org
(434)-296-5832 x 3004
CC: Mr. Scott Collins — Collins Engineering (c/o scott@collins-engineering.com )
Page 2 of 2
FW: Pleasant Green 2 - Mint Springs Dam
Megan Nedostup <mnedostup@albemarle.org>
Thu 2/4/2021 5:00 PM
To: Jeremy W. Swink <SwinkJW@stanleymartin.com>; Scott Collins <scott@collins-engineering.com>
Cc: Frank Pohl <fpohl@albemarle.org>; Charles Rapp <rappc@albemarle.org>; Amelia McCulley <AMCCULLE@albemarle.org>;
Andy Herrick <aherrick@albemarle.org>
Good Afternoon,
See the email chain below for the determination by DCR pursuant to State Code § 10.1-606.3 on Phase 2
of Pleasant Green. Under that same section, once DCR makes that determination, the County cannot
permit development in the DBIZ unless certain conditions are met. That section also outlines options for
the developer going forward. Here is the relevant excerpt:
If the Department determines that the plan of development would change the spillway design
flood standards of the impounding structure, the locality shall not permit development as
defined in § 15.2-2201 or redevelopment in the dam break inundation zone unless the
developer or subdivider agrees to alter the plan of development so that it does not alter the
spillway design flood standard required of the impounding structure or he contributes
payment to the necessary upgrades to the affected impounding structure pursuant to § 152-
2243.1.
Best,
Megan Nedostup, AICP
(pronounced nuh-DAHST-up)
Development Process/Project Manager
She, her, hers
Albemarle County
mnedostup@albemarle.org
434-296-5832 x3004
401 McIntire Road, Charlottesville, VA 22902
From: Howard -cooper, Wendy <wendy.howard-cooper@dcr.virginia.gov>
Sent: Wednesday, February 3, 2021 12:59 PM
To: Andy Herrick <aherrick@albemarle.org>
Cc: Deel, Justin <justin.deel@dcr.virginia.gov>; Frank Pohl <fpohl@albemarle.org>; Megan Nedostup
<mnedostup@albemarle.org>; Greg Harper <gharper@albemarle.org>
Subject: Re: FW: Pleasant Green 2 - Mint Springs Dam
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.
Andy,
That is correct. This development plan would change spillway design flood standards for this
impounding structure.
Wendy C. Howard Cooper
Director, Dam Safety and Floodplain Management
State NFIP Coordinator
Department of Conservation and Recreation
600 East Main Street, 24th Floor
Richmond, Virginia 23219
Office (804) 786-5099
Cell (804) 298-4288
Fax (804) 371-2630
"As a human being, I am committed to the promotion of what I call basic human values, by which I
mean especially compassion. Nurturing the compassionate seed within us and acting out of this
innate capacity are the keys to fulfilling our basic aspiration to happiness." Dalai Lama
"Distance means so little, when life means so much." — Amit Kalantri, Wealth of Words
On Wed, Feb 3, 2021 at 12:09 PM Andy Herrick <aherrick@albemarle.org,> wrote:
Ms. Howard -Cooper,
Thanks for your response. So then, in the language of Virginia Code § 10.1-606.3, is it
DCR's deternunation that the plan of development would change the spillway design flood standards of
the impounding structure?
Andy Herrick
Deputy County Attorney
Albemarle County
aherrick@albennarle.org
434-972-4067
401 McIntire Road, Suite 325, Charlottesville, VA 22902
Notice: This message is for the intended recipient only. It likely is protected by the attorneyrchent privilege. If you have received this message in error,
please call (434) 9724A167 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a
client, you should maintam this email's contents m confidence to preserve its protected status. Tbank you.
On Wed, Feb 3, 2021 at 9:46 AM Howard -cooper, Wendy <wendy.howard-cooper(o)dcr.virginia.gov>
wrote:
All,
Based on the existing DBIZ, existing conditions identifiable through GIS, and proposed
development, DCR has consistently stated this dam, currently rated as significant hazard, would
require spillway upgrades to meet high hazard dam spillway requirements.
As you have indicated, Virginia Code § 15.2-2243.1 states "If the Department of Conservation and
Recreation detcmunes that a plan of development proposed by a developer or subdivider is wholly or
partially within a dam break inundation zone and would change the spillway design flood standards of
an im oonding structure pursuant to § 10.1-606.3, a locality shall require, prior to its final approval of
a subdivision or development, that a developer or subdivider of land submit an engineering study ..."
Absent a new study demonstrating impacts of structures that now exist, the impact of fill on the
existing maps, and the proposed development, DCR cannot make any other determination. DCR
has recommended the locality obtain a new study to assess all risks related to this impounding
structure and to update the required emergency action plan to include all structures in the dam
break inundation zone.
Please let me know if you have additional questions.
Thank you,
Wendy C. Howard Cooper
Director, Dam Safety and Floodplain Management
State NFIP Coordinator
Department of Conservation and Recreation
600 East Main Street, 24th Floor
Richmond, Virginia 23219
Office (804) 786-5099
Cell (804) 298-4288
Fax (804) 371-2630
"As a human being, I am committed to the promotion of what I call basic human values, by which
I mean especially compassion. Nurturing the compassionate seed within us and acting out of this
innate capacity are the keys to fulfilling our basic aspiration to happiness." Dalai Lama
"Distance means so little, when life means so much." — Amit Kalantri, Wealth of Words