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SUB201600003 Correspondence 2017-02-02
y, Christopher Perez From: Christopher Perez 'Sent: Thursday, February 02, 2017 11:16 AM To: 'Lee Miller', 'lee@ahipva.org' Cc: Mark Graham; 'Diantha McKeel'; 'Greg Kamptner';John Blair; 'Doug Walker' Subject: RE:Inglewood Terrace All, I am resending the following email chain to Mr. Miller because I received a bounce back from his email address. This error appears to have been caused by accidently omitting the"le_" in front of "le_miller@prodigy.net". I hope this corrects the issue and he receives the emails. I am resending the various emails to all so everyone has Mr. Miller's correct email address. Lee,please respond that you received these emails. Thanks Christopher P.Perez I Senior Planner Department of Community Development'County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From:Christopher Perez Sent:Thursday, February 02, 2017 10:57 AM To:'Diantha McKeel' <dmckeel@albemarle.org>;Lmiller@prodigy_net'<miller@prodigy.net> Cc: 'David Hannah' <dhannah@albemarle.org>; Mark Graham<mgraham@albemarle.org>;Greg Kamptner <GKamptne@albemarle.org>; 'Doug Walker'<dwalker3@albemarle.org> Subject: RE: Inglewood Terrace Lee and Diantha, RE: Inglewood Terrace To follow-up on the road/access issue,which Mark bnefly mentioned in the email below,I offer the following status update.The applicant recently submitted a revised plat for the property(SUB2016-3, see attached)to vacate a portion of right-of-way as discussed in comment#2 of the final site plan. 2. 14.6:1.4.6.6,32.7.2.1,32.7.2,2.32.5.2(19)1 The private street serving the dc'vclohn ept is propose within air -ccisting publicly dcdicatcd right-ot way,this is not'approvablc,.VDOT never acccptcd the,portion.of the ri ht-ot ay labeled n' Uninipro%cd 1nglc‘Vood Drive into the Sthtc Second t y System and(he County still m�cis it.Either pursue i,aeutinn of the right of v ny ptirstiaiit to State(odr 15:2=2272 prior to Baal silo plan:and/or tiiwifsubdivision.pint tijrprovaf OR,upgradc'the c\istin,rondwity to Meet'cdrrcut\'DOT shtidards from the point islier.VDOT'thaintcnpncq cnds.'I'his will include a suitiiblc:turn around 5t theend. of'.talc,n anti nancc removal of the esisling parking arc.t,continuulion of curb 1014 utter,tic'in the a�isting drivettay,of TMP i161K0-05=6D-0040Q.and the dcdicatioii of right-of tray Oteielemeiits as necessary,Please show these iuiprovcmcnts and casemcnis or right-of-'vway prinr.to'linal site plan unit or subdivision plat approval. The plat under review is in line with the first option provided in the comment.Both VDOT and Engineering have already reviewed the plat and provided"no objections".I have yet to conduct my full review of the revised plat,but plan to within the next 2 weeks after I receive County Attorney review/comments on the deed of vacation,which accompany this plat. Notably,the County Attorney was just distributed the deed of vacation yesterday,pending his review. Hope this helps. Christopher P.Perez I Senior Planner Department of Community Development'County of Albemarle,Virginia 1 401 McIntire Road I Charlottesville,VA 22902 r 434.296.5832 ext.3443 From: MarkGrahamv�______ Sent:Wednesday, February 01, 2017 3:13 PM Lo: miller@prodigy.net Cc: Diantha McKeel<dmckeel@albemarle.org>; Doug Walker<dwalker3@albemarle.org>; David Hannah <dhannah@albemarle.org>; Christopher Perez<cperez@albemarle.org> Subject: FW: Inglewood Terrace Stream issue Hi Lee, Diantha forwarded your email and I'm getting back to you. I did reach out to DEQ several times in early 2016, but never got a commitment for a site visit. pen, last Kay/June,the developer could not address the private road issue and h s to plan was shelved Since then, I have not pursued this stream determination m guessing that since the developer is trying another tack on getting the road approved;there is renewed interest in this stream determination. I have no problem having David Hannah take this up with DEQ, but I do note it could adversely impact some existing homeowners. If DEQ finds this section is a perennial stream,the perennial stream will include all the downstream properties to the County/City line. That means all of the land within 100' of the stream would be considered protected stream buffers and those property owners will not be able to expand their house or driveway or even put a shed in those parts of their lot that is classified a stream buffer The ordinance also has an expectation that the homeowner will allow that part of their yard in the stream buffer return to a natural state. Finally, I question the value of the stream buffer in this case Once this stream reaches the city limit on North Berkshire, it is piped over 1,000 feet in a storm sewer and even when this stream is daylighted in the city(near the Kroger fuel pumps),the city does not classify this as a protected stream, meaning it could be further piped. So,this short section of stream in the County is effectively disconnected from the downstream waters. That eliminates a large part of the water quality benefits for a protected buffer on the County's part of the stream. Thanks, Mark B Graham; P.E. Director of Community Development Albemarle County,Virginia From: Diantha McKeel Sent:Tuesday,January 31, 2017 4:07 PM To: Mark Graham <mgraham@albemarle.org>; Doug Walker<dwalker3@albemarle.org> Cc: Diantha McKeel<dmckeel@albemarle.org> Subject: FW: Inglewood Terrace Stream issue Mark, please help update me with this situation. Where do we stand? 2 Diantha From: Lee Miller[mailto:le miller@prodigy.net] Sent:Tuesday,January 31, 2017 7:41 AM To: Diantha McKeel<dmckeel@albemarle.org> Subject: Fw: Inglewood Terrace Stream issue Hi, Diantha, 2 • Its been a while and we have been very patient waiting for Mark Graham to contact the contact at DEQ as he said he would. As you can see he has never contacted her. There are also emails from you, Fayen-Engel, Margaret and Mark Graham at the bottom of this thread of emails concerning this issue. Would you please have someone else other than Mark Graham make the request to the contact since he will not. The contact has been Shawn Smith. Perhaps it is time to have someone like David Hannah to make the request? Thank You, Lee Miller 1622 Inglewood Drive 760-1411 Forwarded Message From: Lee Miller<lee@ahipva.org> To:"le millerprodigy.net"<le miller@prodigy.net> Sent: Wednesday, January 18, 2017 5:27 PM Subject: FW: Inglewood Terrace Stream issue From: Smith, Shawn (DEQ) [mailto.Shawn.Smith@deq.virginia.gov] Sent: Tuesday, January 17, 2017 7:51 AM [To:Lee Miller<lee(c�ahipva.orq> Subject: RE: Inglewood Terrace Stream issue He has not contacted me From:Lee Miller Imailto.lee(C�ahipva.org1 Sent: Thursday, January 12, 2017 3:26 PM To: Smith, Shawn (DEQ) Subject: FW Inglewood Terrace Stream issue Hi Shawn, It has been a while and wondering if Mark Graham of the Albemarle County Department of Community Development has ever contacted you and request your assistance with perennial stream determination? Thank you, Lee Miller From: Lee Miller Sent: Friday, August 19, 2016 9.00 AM To: 'Smith, Shawn (DEQ)' <Shawn.Smithdeq.virqinia.qov> Subject: RE: Inglewood Terrace Stream issue Thanks Shawn! We had given your name and email address for Mark to contact. We will make him aware again 3 P From: Smith, Shawn (DEQ) imailto.Shawn.Smith( deq.virginia.gov] Sent: Friday, August 19, 2016 7:36 AM To: Lee Miller<lee@ahipva.org> Cc: Hughes, Nathan (DEQ) <Nathan.Hughes(adeq.virginia.gov> Subject: RE: Inglewood Terrace Stream issue Not that I am aware of, he may have contacted Nate Hughes, our stream guy (Nathan.hughes aa,deq.virginia.gov ) so I will check with him. , Shawn From: Lee Miller Imailto:lee(a�ahipva.orq] Sent: Thursday, August 18, 2016 4.47 PM To: Smith, Shawn (DEQ) Subject: FW: Inglewood Terrace Stream issue Hi Shawn, Did Mark Graham of the Albemarle County Department of Community Development contact you and request your assistance with perennial stream determination? Thank You, Lee Miller From: Lee Miller Sent: Thursday, April 07, 2016 8.24 AM To: Smith, Shawn (DEQ) <Shawn.Smitha,deq.virginia.gov> Subject: RE: Inglewood Terrace Stream issue Hi Shawn, Thank you for your response! Some questions on procedure going forward: Would you be the contact person for the Albemarle County Official to make the request to for the stream determination? Then upon that request: Would DEQ request the Army Corp of Engineers make a "jurisdictional determination", That would say whether the Corps considers the stream to be waters of the U.S. and thus subject to permitting and possibly mitigation, thus if the stream categorization is a perennial stream by the Perennial Stream Field Identification Protocol? If not ACE, who would DEQ request to make the stream determination? Thank you for your attention to this issue! Lee Miller 434-760-1411 Rehabilitation Specialist,AHIP 434-817-2447 x28 434-973-3730 Fax leeaahipva.org Albemarle Housing Improvement Program 2127 Berkmar Drive Charlottesville VA 22901 4 https://www.ahipva.orq/ <image001.jpg> From: Smith, Shawn (DEQ) rmailto.Shawn.Smith(a deq.virginia.ciov1 Sent: Tuesday, April 05, 2016 8 19 AM To: Lee Miller Subject: RE. Inglewood Terrace Stream issue Lee- DEQ provides technical assistance to Bay Act localities as requested by the localities as it is a locally implemented program Albermarle County voluntarily adopted a Bay Act program, using the Bay Act as enabling legislation to do so, and DEQ can provide technical assistance if requested, but does not have program oversight. So, if Albermarle County requests assistance with perennial stream determination for this project, we are happy to assist. Shawn From: Lee Miller[mailto.lee AHIPVA.org1 Sent: Tuesday, March 29, 2016 4 43 PM To: Smith, Shawn (DEQ) Subject: FW. Inglewood Terrace Stream issue Hi Shawn, Jackie has indicated you might be helpful with this situation This is a partial email thread on the issue and I am not sure if you had received the original so I will send next. Our community would appreciate any help on this as we are only asking for a fair assessment of this stream that was supposed to happen Thank You, Lee Miller From: Lee Miller[mailto.le miller(a�prodigy.net1 Home email address Sent: Tuesday, March 29, 2016 12:45 PM To: Lee Miller Subject: Fw• Inglewood Terrace Lee Miller 434-760-1411 Rehabilitation Specialist,AHIP 434-817-2447 x28 434-973-3730 Fax leeahipva.orq Albemarle Housing Improvement Program 2127 Berkmar Drive Charlottesville VA 22901 https://www.ahipva.orq/ <image001.jpg> 5 i r From: Miller, Jackie (DCR) [mailto.Jackie.Milier(a�dcr.virginia.gov] Sent: Tuesday, March 29, 2016 4:31 PM To: Lee Miller Subject: RE. Inglewood Terrace Stream issue I'm not sure what DEQ would be willing to do. Shawn can probably direct you much better than I can. I sure hope this turns out well for you. From: Lee Miller[mailto.lee@AHIPVA.org] Sent: Tuesday, March 29, 2016 4:27 PM To: Miller, Jackie (DCR) Subject: RE. Inglewood Terrace Stream issue Hi Jackie, Thank you for your response! Part of the problem has been confusion at Albemarle County Department of Community Development as several people have left the department in the past several months. All we are asking is for a fair assessment. Did you mean'that if asked they (DEQ)would conduct a stream report to determine if it is perennial? Thanks - Lee From: Miller, Jackie(DCR) [mailto.Jackie.Miiler(a�dcr.virginia.gov] Sent: Tuesday, March 29, 2016 4 19 PM To: Lee Miller Cc: Vanlandingham, Mike(DCR) Subject: RE. Inglewood Terrace Stream issue Lee, I have learned, through the efforts of Mike, that back when the Chesapeake Bay Program was with DCR they developed guidance on how to determine if a stream had perennial flow. That program is now at DEQ. Mike spoke to Shawn Smith (DEQ Chesapeake Bay Program Liaison) about this complaint. She told him that Albemarle Co. voluntarily adopted portions of the Bay Act some time ago. This complaint appears to deal with a local a ordinance. As such, Albemarle County has jurisdiction over this program and is the regulatory authority. Shawn said, that they may be able to provide technical assistance to the - County, if asked. Shawn Smith's contact information is below. <image002.png> 6 Lee, I hope this helps some. Jackie From: Lee Miller[mailto.lee( AHIPVA.orq) Sent: Tuesday, March 29, 2016 12:50 PM To: Miller, Jackie(DCR);Vanlandingham, Mike(DCR) Subject: Inglewood Terrace Stream issue Hi Mike & Jackie, Additional information about the stream issue that I am asking for your help on to file complaint. Click on lick below to see further attachments including site plans. Note. My prodigy email is my home email From: Lee Miller[mailto.le miller@prodigy_.net Sent: Tuesday, March 29, 2016 12:45 PM To: Lee Miller Subject: Fw: Inglewood Terrace Lee Miller 434-760-1411 Rehabilitation Specialist,AHIP 434-817-2447 x28 434-973-3730 Fax Iee(a�ahipva.org Albemarle Housing Improvement Program 2127 Berkmar Drive Charlottesville VA 22901 https://www.ahipva.orq/ <image001.jpg> Forwarded Message From: Christopher Perez<cperezRalbemarle.orq> To: Diantha McKeel <dmckeelrc'Dalbemarle.orq>, Russell Lafferty<rlafferty(a�gmail.com>, "mys8b(a�virginia.edu" <mvs8b(afvirginia.edu>, "tonyhavba(a�gmail.com"<tonyhavbaCa gmail.com>, "Fayen-Engel, Margaret P." <Margaret.Fayen-Engel aRopm.gov>, "natureloverl0Rcomcast.net"<natureloverl0©comcast.net>, Lee Miller <le miller(a�prodigy.net> Cc: Matthew Wentland <mwentland(cDalbemarle.org>, David Benish <DBENISHRalbemarle.orq> Sent: Friday, February 5, 2016 11.55 AM Subject: Inglewood Terrace All, SDP201600007- Inglewood Terrace—final site plan The County has recently received the above referenced final site plan for Inglewood Terrace. You are receiving this email because you requested to be informed of the status of this project. By clicking on this LINK, you can ' view a scanned copy of the plan. If you have problems viewing this plan you can request to view a hard copy of the proposal in our office. Comments for the plan are due from the various reviewers on Feb 23rd. I have not conducted my review of this proposal yet but after a brief glance at the plan the proposal does not appear 7 - approvable in its current form as some of the conditions of approval for the initial site plan do not appear to be addressed at this time. The largest unresolved comment is that of a 3rd study to classify the stream, which has not been provided to staff yet.Attached is the conditional approval letter for the initial site plan (SDP2015-20), which will be used during the review of the final site plan. Additionally,the County has also received the E&S plans for the proposal: WPO201600007—Inglewood Terrace-VSMP. Matthew Wentland is the Engineer reviewing this aspect of the plan, if you have questions directly related to this aspect of the plan please direct them.to Mr. Wentland and CC me. Comments on these plans are anticipated to be completed by Feb 23rd as well. Also, the County has received a boundary line vacation plat to combine the two parcels involved in the proposal: SUB2016000003 -TMP 061K-10-A—BLA. Revisions to this plat are required prior to approval (see attached comment letter). If you know of others in your neighborhood who may want the information in this email,please forward it to them. Thank you. Hope this email finds you all well. Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Smith, Shawn (DEQ) [mailto:Shawn.Smith©deq.virginia.gov] Subject: RE: Inglewood Terrace Stream issue DEQ provides technical assistance to Bay Act localities as requested by the localities as it is a locally implemented program. Albermarle County voluntarily adopted a Bay Act program, using the Bay Act as enabling legislation to do so, and DEQ can provide technical assistance if requested, but does not have program oversight. So, if Albermarle County requests assistance with perennial stream determination for this project,we are happy to assist. Shawn From: Diantha McKeel [mailto:dmckeel(c�albemarle.orgj Sent: Sunday, August 07, 2016 1:27 PM To: Fayen-Engel, Margaret P. Cc: Diantha McKeel Subject: FW: Inglewood Terrace Stream issue Margaret, FYI.... DEQ and the Corps did not want to visit the site. Diantha From: Mark Graham Sent: Saturday, July 16, 2016 12:53 PM To: Diantha McKeel <dmckeel(c�albemarle.orq>; Fayen-Engel, Margaret P. <Margaret.Fayen- 8 Engel@opm.gov> Subject: RE: Inglewood Terrace Stream issue I never could get anyone from DEQ or the Corps of Engineers to visit the site. My position remains that if DEQ or the COE visits the site and advise me in writing it is a perennial stream, I will change my determination Lacking that guidance, my determination remains in place. In the meantime, the focus has turned to resolving the issues with the entrance road. ? Lee Miller <le millerPprodigy.net> _ ? 08/19/16 at 8.58 AM To • Fayen-Engel, Margaret P CC • Lee Miller Message body Hi Margaret, Mark has never contacted mailto:Shawn.Smith@deq.virginia.gov], the DEQ person to contact: Please ask Diantha to have Mark contact her as she has been waiting for him to make the request! From: Smith, Shawn (DEQ) fmailto:Shawn.SmithAdeq.virginia.00v] Subject: RE: Inglewood Terrace Stream issue DEQ provides technical assistance to Bay Act localities as requested by the localities as it is a locally implemented program Albermarle County voluntarily adopted a Bay Act program, using the Bay Act as enabling legislation to do so, and DEQ can provide technical assistance if requested, but does not have program oversight. So, if Albermarle County requests assistance with perennial stream determination for this project, we are happy to assist. Shawn 9