HomeMy WebLinkAboutWPO202000053 Review Comments WPO VSMP 2021-03-18COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
VSN1P Permit plan review
Project title: Pleasant Green Phase II
Project file number: WP0202000053
Plan preparer:
Collins Engineering [scott@collins-engineering.com]
Owner or rep.:
SM Charlottesville LLC [SwinkJW@stanleymartin.com]
Plan received date:
24 Nov. 2020
Rev. 1 received:
02 Feb 2021 (and 12 March 2021)
Date of comments:
23 Dec 2020
Rev. 1 comments:
18 Mar 2021
Reviewers:
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. Please provide an updated registration statement that includes the added area from this plan.
Please use the newest form (attached to these comments). Rev. 1: Please double check the
areas. The approved area for the borrow area is 2.36 AC. Your map shows 3.32 AC. The
current VAR permit is for 13.15 AC on site and 2.36 off site. Your registration statement
and coverage map should match this, with only adding new project areas(16.99AC).
2. Is this a balanced site? Per new DEQ regulations, if anything is taken offsite, it must be shown on
the registration statement. Rev. 1: Comment not answered.
B. Pollution Prevention Plan (PPP)
The PPP content requirements can be found in County Code section 17-404.
1. Please provide a PPP for this project to insert in the existing Pleasant Green SWPPP Book on
site. Rev. 1: Comment addressed.
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.
Engineering Review Comments
Page 2 of 4
1. [Cover Sheet] The tax map number section has two phase III's. It appears Phase II is missing.
Please clarify. Rev. 1: Comment addressed.
2. [Cover Sheet] There are managed slopes on this property. The cover sheet note says there aren't
any. Rev. 1: Comment addressed.
3. [Sheets 2&3] Please show the FDP Plan number. Rev. 1: Comment not addressed. CLOMR
will be required prior to plan approval.
4. [Sheets 2&3] Is the culvert at the cul-de-sac to be removed? If so, please show on the demolition
plan. Rev. 1: Comment addressed.
5. [Sheet 2] Please note that the cemetery is not to be disturbed on the demolition plan. Rev. 1:
Comment addressed.
6. Please show spot shots in rear of houses to show positive drainage away from the houses for at
least 1 Oft. Rev. 1: Comment addressed.
7. Please stake out the locations of the level spreaders and their conserved open space. The county
would like to observe the site conditions and make sure they meet all requirements. Let us know
when this is completed. You can attend this site visit. Rev. 1: Comment addressed.
8. If the area of the level spreader and the conserved open space must be graded to achieve flat
levels and required slopes, this may need to be a vegetated filter strip or have compost amended
soils. Rev. 1: Comment addressed.
9. The county is asking the County Attorney to verify that these easements for the level spreader
conserved open space can be applied on top of the existing forest & open space easement. Rev. 1:
Comment addressed.
10. [calculations packet, page 39] Since this water quality summary relies on other plans, they must
be approved before this plan can be approved (W P02 0190 0 02 7connector road, and
W P02 016 0 0 0 6 9 Vue amendment). Rev. 1: Comment addressed.
11. Per 9VAC25-870-66, concentrated stormwater flow shall be released into a stormwater
conveyance system and shall meet the criteria in subdivision 1, 2, or 3 of this subsection. Ensure
all of the outfalls go to a conveyance system(channel), in addition to meeting the water quantity
criteria. (energy balance, etc). Rev. 1: Comment addressed.
12. Signed and sealed engineering wall plans must be provided for walls that are part of a SWM
facility before plan approval. Rev. 1: Comment addressed. However, please know that
retaining wall plans will be necessary for site plan approval.
13. Ensure tops and bottoms on all walls are shown. Rev. 1: Comment addressed.
14. Rev. 1: See attached letter from Megan Nedostup. This plan cannot be approved until that
issue is resolved.
15. Rev. 1: [Calculations packet and sheet 161 Please be sure to include the borrow area
nutrient credits in the calculations showing the 75% coverage. The total currently
purchased is 6.97 + 0.18=7.15 lb/yr. This was from WPO201900027 and WPO201900027
amendment 1.
16. Rev. 1: [Calculations packet and sheet 161 The 0.27 nutrients purchased do not count
towards this development. They were for another plan(WPO2016000069) and are
independent of the requirements for this plan. Therefore, they cannot be subtracted from
the removal rate required.
17. Rev. 1: Please remove the last sentence on the cover sheet regarding the grading and
drainage plan. The site plan and WPO plan grading must match.
18. Rev. 1: Please provide a sheet that clearly shows all proposed easements: Drainage, SWM
facility, forest & open space. Also, please clarify conservation area vs. easements.
Engineering Review Comments
Page 3 of 4
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 disapproved, 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. Topography/survey should completed or field verified within a year. January 2019 is the date on
these plans. Rev. 1: Comment addressed.
2. The tree protection fencing should be inside the limits of construction. Rev. 1: Comment
addressed.
3. Note is provided stating that slopes steeper than 3:1 must be planted with something that can
withstand steep slopes, however, please label these locations on the plan. Rev. 1: Comment
addressed.
4. Ensure dust control and temporary seeding are shown in Phase I. Rev. 1: Comment addressed.
5. [Sheet 6&7] Per the VESCH, 3.09, the maximum drainage area to diversion dikes is 5 ac. It
appears 6.92 AC is draining to the most northern one on site. Consider a clean water diversion to
keep offsite water from the north from being contaminated on site. 8.12 Ac is draining to SB C &
the diversion dike. Rev. 1: Comment addressed.
6. [Sheet 6&7] For diversion dikes over 300 ft, provide outlet protection going into the sediment
basins/traps. This is due to water concentrating after 300 ft [per TR-55]. Rev. 1: Comment
addressed.
7. [Sheet 6] Please extend silt fence around sediment basin D adjacent to rambling brook lane. Rev.
1: Comment addressed.
8. [Sheet 10] McComb Street should have inlet protection, at least the inlets closest to the
disturbance, in case the silt fence fails. Rev. 1: Comment addressed.
9. [Sheet 5] Please reference the names of the sediment traps/basins in the sequence. Rev. 1:
Comment addressed.
10. Sediment Trap A should not outfall onto the sidewalk and road. Rev. 1: Comment addressed.
11. [Sheet 18] Ensure anti -vortex is checked on the trash rack detail. Rev. 1: Comment addressed.
12. Rev. 1: Instead of notes stating, " See SWM Plan for...:', Please specify the sheet or the
name of the specific detail so it will be clear where to find the information.
E. Mitigation Plan
1. Ensure all disturbance in the buffer is accounted for. Particularly, the level spreader and
conserved open space may need more disturbance than shown in order to achieve the required
grades and slopes. Rev. 1: Comment addressed.
2. Rev. 1: Please show the 50 It buffer line to ensure that no disturbance is in the inner (closest
to the stream) 50 ft except the storm outfall pipes.
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
Engineering Review Comments
Page 4 of 4
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;
btip://www.albemarle.org/deptforms.asp?department--cdengWo
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