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Home My WebLink AboutZMA198500033 Correspondence 2007-09-17 � � Page 1 of 2 ; � Tamara Ambler From: Tamara Ambler Sent: Monday, September 17, 2007 3.29 PM To: 'Jacob van der Horn' Subject: FW: Earlysville Forest Homeowner's Association Importance: High Mr. van der Horn, I hope this email finds you well. I sincerely apologize, but I did not think to consider the fire suppression component of these ponds that your Homeowners Association may propose to remove. Please see the email below from our County's Department of Fire and Rescue in which Mr. Barber stresses the importance of the ponds, and the need for alternatives if the ponds were to be removed I'll be happy to help you coordinate with Mr. Barber if need be. Thank you, and I again apologize for my oversight. Sincerely, Tamara Tamara Jo Ambler, CPESC Natural Resources Manager Albemarle County -Community Development (434) 296-5823 ext 3264 tambler@albemarle.org From: James Barber Sent: Monday, September 17, 2007 2:19 PM To: Tamara Ambler Subject: RE: Earlysville Forest Homeowner's Association Importance: High Tamara, You are indeed correct The static water supplied by these ponds is a vital source of fire suppression water in the Earlysville area. I would oppose removal of these ponds unless an alternate means of fire suppression water is provided. James F Barber Assistant Chief, Prevention County of Albemarle Department of Fire/Rescue 460 Stagecoach Road, Suite F Charlottesville, VA 22902-6489 Ph: (434) 296-5833 Fax: (434) 972-4123 E-mail: JBarber@Albemarle.org Web www ACFireRescue.org From: Tamara Ambler Sent: Wednesday, September 12, 2007 3:22 PM To: ]ames Barber Cc: Amelia McCulley; Wayne Cilimberg 9/17/2007 . Page 2 of 2 Subject: Earlysville Forest Homeowner's Association Mr Barber, I left a voicemail for your today, but I probably need to do a better�ob of explaining my question, so here's an email. Earlier this summer I had received a call from the Earlysville Homeowner's Association, and they wanted to know if they could remove the four ponds that are in their open space, owned by the HOA. They had hired a consultant to inspect the dams and give an evaluation, and the needed repairs are cost-prohibitive to the HOA. The County reviewed the question in terms of stormwater management requirements, and since the development preceded current requirements, I advised that while the ponds do have a water quality benefit, we have no jurisdiction over them or whether or not they are removed. I may have advised them too soon however. I now know that one or more of the lakes/pond are used for fire suppression. And i found some correspondence from the 1990's that the minimum setback befinreen buildings (required as part of the rezoning)was decreased in some instances because of the presence of a static water supply and dry hydrant So, it would appear that they do have some responsibility to keep whichever ponds are used for fire suppression. Before I send them a corrected letter, I wanted to touch base with you and see what your thoughts are. Thank you for your help on this. Sincerely, Tamara Tamara Jo Ambler, CPESC Natural Resources Manager Albemarle County -Community Development (434) 296-5823 ext. 3264 tambler@albemarle.org No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.485/Virus Database: 269.13.15/1003 -Release Date: 9/12/2007 10:56 AM No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.487/Virus Database: 269.13.22/1013 -Release Date: 9/17/2007 1:29 PM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.487/Virus Database: 269.13.22/1013 -Release Date: 9/17/2007 1:29 PM 9/17/2007 Page 1 of 2 Tamara Ambler `" I � � � � _ _ W" _ From: Amelia McCulley Sent: Wednesday, September 12, 2007 10.03 AM � d� To: Tamara Ambler ,� � Subject: RE: Earlysville Forest PUD ��V �j _l.) r2,� J Here's what I suggest: {" 1 ) Check (GDS and property ownership) and see if the lakes are in fact in open space and not public property. If they are in private open space — I assume they aren't pub�c recreation areas. We should probably also look at the recorded plat, to be sure. 2) I suggest we inform them the lake with dry hydrant must stay and may only be removed if further approval is obtained, including Fire Rescue and Planning. They should inform us if they want to do that. From: Tamara Ambler Sent: Wednesday, September 12, 2007 9:57 AM To: Amelia McCulley Subject: RE: Earlysville Forest PUD Thanks so much for your assistance Amelia! What if the 3 lakes not used for fire suppression are in the public recreation area—the area wasn't dedicated to the County, but to the HOA, right? If the HOA decides to remove them would that still be okay? Also, would my next step be to correct my letter and advise them of the fire suppression purpose of Lake 1, or should I get Fire and Rescue involved now so they can say something? Thanks again! Tamara From: Amelia McCulley Sent: Wednesday, September 12, 2007 9:53 AM To: Tamara Ambler Subject: Earlysville Forest PUD Okay, after a quick look at the rezoning file I have a few thoughts. Generally speaking with a Planned Development, any change or variation goes through Wayne for approval. I didn't see the lakes shown on the application plan, so it may not need a variation from him. I don't think that any lakes supporting dry hydrants can be removed without further approvals, including Fire Rescue and others. It appears that building separation, including in the commercial area, was reduced as a result of the presence of a dry hydrant. Two things were mentioned that I just share as comments: 9/12/2007 Page 2 of 2 1 . There's some reference to a public recreation area that was dedicated. If any of this area is involved (and I doubt it is), the lake can't just be abandoned. 2. There's also mention of sediment control through the lakes to protect Chris Greene Lake. I don't know but imagine those were for the construction process and now aren't needed since it's built out. Let me know what I can do to help. No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.485/Virus Database: 269.13.14/1001 -Release Date:9/11/2007 1:37 PM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.485/Virus Database: 269.13.14/1001 -Release Date: 9/11/2007 1:37 PM No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.485/Virus Database: 269.13.14/1001 -Release Date: 9/11/2007 1:37 PM � � , � � e � �. � -� � � �� . ��- � , , � �� - � � �- ,� � � - �. '' ,, a-� � � �� . 3 i � - � .� C 3 � � � K C, �� q� 9/12/2007 Page 1 of 3 Tamara Ambler � � � � �From: Mark Graham _ __ _ _ � � _ __ Sent: Tuesday, September 04, 2007 9�55 AM �� 'f�� .f1 To: Mark Graham; Tamara Ambler � Cc: David Benish; Wayne Cilimberg �/ Subject: RE: Rural Area dams '�\ Tam a ra, I've looked at the ZMA file from the last rezoning and though the lakes aren't specifically called for as being retained,there are , references to the lakes as private recreation facilities. Thus, I believe rt is important to get Wayne and/or David to advise on � whether the lakes are required parts of Earlysville Forest. / _.'('t :E � • � E. ' . ' . ,. � , . J �� "'� ! ��` � Mark Graham � ��. Z :, 'Lp� Director of Community Development ,`� `"� r'tr ,�t`� `� j' r` � '`.` � `�"o �_�, /'�,, t ,. �' r-,f_.' ,.� r-� �� ,' � �� County of Albemarle, Virgmia ' � , y � ��, �� _ _ _ _ _ _� �� From: Mark Graham Sent: Friday, August 31, 2007 10:28 AM To: Tamara Ambler Subject: FW: Rural Area dams rv�, I didn't think of this before your letter went out,but this is a.rezoned development^f}�om the time Earlysville was shown as a village in the Comprehensive Plan. I'm getting the file pulled to see it there was any commitment to keeping the ponds. l�lar�k Ur��ham C��r�ctar of Comrnun�ty C�eve#opment Cour7ty �f Alb�marle, Virgin�� _ _ _ _ _ From: Larry Davis Sent: Friday, August 31, 2007 8:36 AM To: Tom Foley; Mark Graham Subject: RE: Rural Area dams How the dams were originally approved? Were they platted as part of any subdivision� 9/4/2007 Page 2 of 3 Larry W. DaviS �1b�marle County Attarney 9�ntace. This e�na�I m�y cnntain at�or��ey-client priviiee�ed inforsnation,g�rivileged work produci,or o�her confidential infnrivaatinn. it is intend�d oniy far ttoe desie�naYed recipient. if yau receive this n}essaye and ara not a designated recipient yo�i are rsquested to delete khis rnessage immediately and notify n�e thatyau have received this by mistaka. Thank you. From: Tom Foley Sent: Friday, August 31, 2007 7:55 AM To: Mark Graham; Larry Davis Subject: RE: Rural Area dams I agree �';';�:3tric.s. Tom Thc�r7a�s C Fotey .�',5t�i,S1�:lJ7P �O(l/It��XG-'CiIY(k/F: tfot�y@alberr�arie c�rq (F�:3�4) 296-5841 _ _ _..._ __ _ _ From: Mark Graham Sent: Wednesday, August 29, 2007 8:13 AM To: Tom Foley; Larry Davis Subject: Rural Area dams The following is a meeting notice to develop a departmental staff position: The purpose of this meeting is to discuss and develop a recommendation for the existing Earlysville Forest Dams. These are four non-regulated dams that do not serve as stormwater management facilities One pond does provide water for fire suppression. A consultant, Watershed Services, has provided a detailed inspection of the dams, and all of them require substantial repair and maintenance work. The HOA would like to remove the dams rather than repair and maintain them. The HOA would like to know what the County's position is on this The issue of what water quality permits would be required from fed/state agencies has not yet been discussed. 9/4/2007 Page 3 of 3 Unless I hear you have concerns, I anticipate staff's position will be the dams are a matter between the property owners and State and Federal agencies,but removal is subject to erosion and sediment control requirements. Mark Graham D�rector of Gammunity [�evelopment County of Aibemarle, Virginia tio ��zru� I�o��n�l m �I�ii:ir�c��mit��_ine,ssage. C�h�cl:e�� b�� :�1V<:� f�ree F;ciitio3� G'c�r�.�c7t7� ;��.�� V i��5 I��tGil�ase: 269.13.5 �)88 - Rele.7su C)at�: t)i=4/2i:}U7 �)•1=� �l'��1 9/4/2007 �pF A�'� �� O��+, � U o�u 1 C � k s6' `IRG1r1ZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax(434)972-4126 August 30, 2007 Mr. Jacob H. van der Horn Earlysville Forest Homeowner's Association 1075 Earlysville Forest Drive Earlysville, VA 22936 Dear Mr. van der Horn: Thank you for providing a copy of the Earlysville Forest Dam Inspection report prepared on May 25, 2007 by Watershed Services, so that our County staff could comment on the Earlysville Forest Homeowner's inquiry about removing the four dams within the Earlysville Forest residential development. Because this residential development occurred prior to state and local stormwater management requirements, these dams and associated impoundments are not required to be maintained under the County's Water Protection Ordinance. Therefore, the County has no jurisdiction over these dams and their ultimate fate. Please be advised that there are benefits to downstream water quality and quantity control if the ponds were maintained in place. These ponds are upstream of Chris Greene Lake, which is a recreational amenity in the County and is a potential supplemental water supply during times of drought emergency. The existence of the Earlysville Forest ponds upstream most likely provides some level of protection to Chris Greene Lake through storm flow attenuation and pollutant removal. Unfortunately the County would not be able to provide financial assistance to the Earlysville Homeowners Association to share the cost of repairing or maintaining these ponds. However, it does appear that the repair estimates contained in the report may be overly high, and it may be possible to repair and maintain the ponds at a lower cost than was estimated in the report. We would recommend consulting with a local engineering firm to identify more cost- effective repair options. If the Earlysville Forest Homeowner's Association decides to remove the ponds,the land disturbance associated with the removal will likely equal or exceed 10,000 square feet in area. If that is the case, then an erosion and sediment control plan will need to be submitted to and approved by the County prior to the dam removal project. The plan will need to show how the ponds will be dewatered prior to dam breach and removal, how downstream properties will be Mr. Jacob H. van der Horn ' August 30, 2007 Page 2 protected frorn sediment deposition, and how the area will be revegetated. Water quality permits will also most likely be needed from the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality. Depending upon the level of stream restoration required under these water quality permits, the cost of dam removal and stream restoration could exceed the cost of dam repair and maintenance. The acquisition of any necessary permits would be necessary to obtain County approval of the erosion and sediment control plan. As the Watershed Services report indicated, the County currently has a stream buffer cost-share program that could provide some financial assistance in planting new vegetation along the new stream channels, and we would be happy to work with you under this program. I hope you find this information useful. If you have any questions or would like additional information, please advise. Sincerely, Tamara Jo Ambler, Natural Resources Manager Cc: Mark Graham Glenn Brooks Greg Harper 1 s Tamara Ambler From: Jack Kelsey Sent: Tuesday, August 28, 2007 5:17 PM To: Tamara Ambler Subject: Declined: Earlysville Forest Dams I have to be in Crozet at 10am and will not be able to attend. Regarding the EF dam meeting, our Code has changed since the EF subdivision was approved. Over the years we have learned how vital it is to provide management of the more frequent storms and to treat for water quality If these ponds are capturing runoff from EF and are defacto stormwater management ponds then there is value in keeping them Questions that come to mind are Are the ponds in common area or on private property? the recorded EF Statement of Restrictions & Covenants or their By-Laws provide for maintenance of the ponds? � � I��'n s�'a c�.._ They always have the option of making the repairs and then requesting the County accept them as Cou ty owned/maintained facilities as provided in the Code. Of course they could also petition their Board of Supervisors representative to request the County share in the cost. I would suggest inspecting/evaluating the condition of the ponds to verify the extent of the improvements are as represented by the EF-HOA and/or the consultant was a little heavy-handed on the rehabilitation necessary. � 1V1 ��,`�S i V� • a � ��` ��' . � �� '� � �� '�. 1� , � p� �� ' es� � y � '� a'� �� s�P � � ,�t . �� - � �� a. � t�� ° � . � � �� -s �- � , ��'� , � � � ��- ��. � � � �: . c� � �� , � �' �� , a �� - � � � � �� -� � �,��, � � ,._ � �_._ � _ _. _ ,� -_: , , ,� ., ;�� . ,, �_ � _ . ,� � � ,� � • � 740 370 � 0 740 F t �� ' �� , - ;�� , _ ; , - " __ � J�/, _ �� r�,,'i �\ _ � . , � � � � �� ,,' �j' �; �, �\�,��c��i �. 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Community Development 401 McIntye Road Charlottesville, VA, 22901 Date: 7-27-2007 Subject dams Earlysville Forest Dear Mrs. Ambler, Further to our conversation of this morning, I enclose herewith a complete i� report from Watershed Services Inc. of the foyr dams in Earlysville Forest We welcome your kind help in investigating the possibilities to open these c natural flow of the streams and restoring the vegatation Since I will be out of the country between the Sth and 15`h of August, Mr. M our Secretary, will be acting as President of our association during that peric reached at 434-973-6329. I can otherwise be reached at the telephone numbf Awaiting your further i rmation, I remainn Sincerely, �� Jacob van de orn President Earlysville Forest Homeowners Association. . � `�'�- l,�l.x.� �02�'r � , � _�� Cx�/1C�^,t- -- '� �`�� _ ��o � � � � � .`�� - ' cr--c v�..��.2��G-�' .�. 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