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HomeMy WebLinkAboutVA200100005 Agreements 2001-04-09 C. W. HURT CONTRACTORS. L.L.C. VIRGINIA LAND COMPANY BUILDING POST OFFICE BOX 8147 CHARLOTrESVILLE,VIRGINIA 22906 AREA CODE 804 TELEPHONE 979-8181 FAX 296-3510 April 6, 2001 Mr. Stephen Bowler County of Albemarle Department of Engineering & Public Works 401 McIntire Road, Room 211 Charlottesville, Virginia 22902-4596 Dear Stephen: Per your letter dated March 27, 2001, enclosed, is the consent agenda signed by Dr. Hurt and Mrs. Fisher along with a check in the amount of$500.00. I would like to thank you for all your assistance in working out an amicable solution to this situation and treating us fairly and sincerely. I look forward to working with you in the future to bring this project to closure. A mitigation plan will be submitted to your office for review on or before April 20, 2001. Sincerely, „2_ Stephen M. Melton encl. 1 CONSENT AGREEMENT THIS CONSENT AGREEMENT is entered into this of day of , 2001, by and between Charles W. Hurt and Shirley L. Fisher, as trustees for the VIRGINIA LAND TRUST, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "the County". WITNESS WHEREAS, the Virginia Land Trust is the owner of the property identified on County tax maps as Tax Map 58A1, Parcel 40D, located in Albemarle County, Virginia, and hereinafter referred to as "the property"; WHEREAS, in January 2001, the Virginia Land Trust, or their agents or employees under their direction, removed healthy, native trees larger the six inches DBH (diameter at breast height) within 100 feet of a stream bank on the property; WHEREAS, in January 2001, the Virginia Land Trust, or their agents or employees under their direction, removed native vegetation within 25 feet of a stream bank on the property; WHEREAS, the removal of native vegetation as well as invasive vegetation within 100 feet of the stream bank was done in a manner that did not prevent erosion; WHEREAS, the development activity in the stream buffer included grubbing of stumps and scraping of earth; WHEREAS, the clearing of vegetation and other development activity was conducted within a stream buffer as provided in Chapter 17 (Water Protection) of the Albemarle County Code, in violation of sections 17-317.B and 17-318; and WHEREAS, the parties each recognize the damage to the stream buffer and the need to restore the stream buffer; and 1 NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties agree as follows: 1. A stream buffer Mitigation Plan shall be developed by the Virginia Land Trust under the conditions contained herein: A. The Mitigation Plan shall be developed and submitted for review and approval by the Albemarle County Department of Engineering and Public Works by April 20, 2001. The Mitigation Plan shall pertain to all of the stream buffer area disturbed as described above. B. The Mitigation Plan shall include tree plantings with a goal of restoring a forest canopy at least 75 feet from the stream bank. C. The Mitigation Plan shall include plantings of shade tolerant shrubs and small trees within 25 feet of the stream bank. D. The planting shall occur before October 31, 2001. E. The implementation of the Mitigation Plan shall subject to inspection and approval by the Department of Engineering and Public Works. 2. Payment. By not later than October 31, 2001, or the date of final inspection of the Mitigation Plan work, whichever occurs first, the Virginia Land Trust shall pay the County the sum of five hundred dollars ($500.00). The payment shall be made to the Albemarle County Department of Engineering and Public Works, and shall either be in the form of cash or a check made payable to the"County of Albemarle, Virginia." This payment represents the cost (in Albemarle County) to rent agricultural land for the purpose of creating stream buffers like the one that was damaged in this case. 2 3. Waiver of other remedies. If the Virginia Land Trust obtains an approved Mitigation Plan as provided in paragraph 1 and makes the payment as provided in paragraph 2, the County agrees that it will not seek any other remedies, either civil or criminal, against the Virginia Land Trust, that the County might otherwise be entitled to pursue or prosecute for the alleged violations of various provisions of Chapter 17 (Water Protection) of the Albemarle County Code for the stream buffer development activities already carried out and described herein. 3 WITNESS the following signatures and seals in agreement with the above terms: COUNT 'g ALBS 'i BY: i ' /Aiiiit. . - Ro.,ert W. Tucke 4 County Ex- ut. - VIRG •\ LAN D TRUST .74‘../ BY: Charles W. Hurt, Trustee BY: 44/Shirley L. is , ustee COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: Th foregoing Consent Agreement was signed, sworn to anddcknowledged bef e-me this 1 day of /4 , 2001 by Robert W. Tuclserjri, County Executive. Notary Public6 My Commission Expires: ie, 30, 2,60 COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Consent Agreement was signe sworn to and acknowledged before me this S` day of (key; ( , 2001 by Charles W. Hurt to of Virg' ' Land . Notary blic My Commission Expires: ' '°- 2(9© COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Consent Agreement was signed, sworn to and acknowledged before me this 544 day of a ,.; ( , 2001 by Shirley L. Fishe stLf the it in. and t. Notary ublic My Commission Expires: L-3 0 2 MCJ r Approved as to form: By: C ty tto ey 4 Virginia 2395 DEPARTMENT OF ENGINEERING & PUBLIC WORKS Charlottesville, VA AIR\ L 9 200( RECEIVED OF 0 NIQ Ci (")Rf-) I V� II O Eb Dollars �— / Cents $� For ,Q 1000 /3oon I W54 9 — 1 U\I LQT rfl tT1�(�RlQ{� ORIGINAL White Signed ✓ DIA--P.--0�/ Dl ICATE Canary Director of Engine ring ublic Works TRIPLICATE Pink By