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Home My WebLink AboutSDP200700150 Legacy Document 2008-03-04 (9)Meaan Yanialos From: Tamara Ambler Sent: Monday, February 04, 2008 11:48 AM To: Megan Yaniglos; Bill Fritz Subject: FW: Lots within the Bellair perimeter I haven't read this yet, but thought I'd forward it right away. Tamara Jo Ambler, CPESC Natural Resources Manager Albemarle County - Community Development (434) 296 -5823 ext. 3264 tambler @albemarle.org - - - -- Original Message---- - From: Iseli, Nora M NAO [mai Ito: Nora. M.Iseli @nao02.usace.army.mi1] Sent: Monday, February 04, 2008 10:55 AM To: Lane Bonner Cc: Tamara Ambler; kathalmy @yahoo.com; Millard,Eric; Schwinn, Michael A NAO Subject: Lots within the Bellair perimeter Dear Mr. Bonner: I have spoken with my Supervisor, Mike Schwinn, regarding your property and the adjacent property of Mr. Harding. Mr. Harding has not contacted this office but I understand you are acting as his agent for the subdivision proposal to the county so I am forwarding this information for both you and he and request you pass it on to him. It is my understanding from previous correspondence that you intend to remove the existing, unauthorized culverted stream crossings. If you do so in a manner that does not result in any discharge or additional construction in jurisdictional areas and you use local requirements of proper erosion and sedimentation controls /techniques and appropriately stabilize exposed soils, it will resolve the unauthorized activity and no additional Corps enforcement action is warranted. Currently, as proposed, it appears your division of lot 76C -02 -5 is not dependent upon any other proposed division of lot(s). The same holds true for Mr. Harding's lot 76C -02 -1. There are no proposed covenants and restrictions in common with the proposed subdivisions nor is there any joint ownership nor partnership, nor common link that integrally relates Mr. Harding's proposed lot division to your proposed lot division. In other words, either could withdraw one of the division proposals and it would in no way affect the other. Therefore, for the purpose of delineating the properties, these are considered as two separate, single and complete projects. Bonner owned property: Lot 76C -02 -4: As per the site visit, this lot exhibits regulated waters (pond, wetlands, streams) but no proposal to further develop this lot is proposed. This lot is not proposed for subdivision. It is my understanding from conversations with you that this lot will be restricted from additional or future division. Lot 76C -02 -5: Proposed division into 2 lots for residential development of each. As per the site visit, it appeared the areas within the Corps /DEQ jurisdiction are limited to the stream and its immediate riparian area. South of the stream channel (which is adjacent to Deer Path road), no other jurisdictional areas were observed. Therefore it does not appear it will be necessary to delineate the entire parcel for regulated waters in order to develop two lots of 1.033 acres apiece. The Corps recommends avoidance of jurisdictional areas and where they cannot be avoided, any structure, fill, etc. be designed so as to minimize impacts to regulated waters. Any discharge of dredged or fill material into regulated waters (streams, wetlands, ponds, etc.) may require a permit from the Corps and /or DEQ. The Corps recommends using the existing driveway off of Edgemont Lane and if this is not possible due to local restrictions or lack of deeded access, consider spanning the stream with a bridge that requires no discharge of fill material nor construction below the plane of ordinary high water. Such a structure would not require a permit from the Corps and would avoid impacts to regulated waters. Harding Property: Lot 76C -02 -1: As per the site visit, Corps and /or DEQ regulated waters exist on the site. The proposal is to divide this lot into two lots of 1.35 acres and 1.072 acres for the purpose of residential development of each. Due to the presence of pond, wetlands, and streams on this parcel, the Corps recommends it be delineated by a qualified consultant to determine the limit of jurisdictional areas and further determine the availability of developable upland. The delineation must use the Corps 1987 manual regarding wetlands and problem areas and Rapanos stream guidance where applicable. Upon completion of a delineation, it can be submitted to the Corps for verification. A delineation may be necessary in order to determine if in addition to a driveway crossing of a stream, other impacts would be reasonably anticipated in order to develop the lots. It is the responsibility of the developer to ensure that permits are obtained for any proposed impacts and any impacts that would likely be necessary in order to reasonably develop a parcel. In the case of residential properties, consideration should be given to not only the area of house construction but also typical home development such as driveways, sheds or garages, adequate yard space, septic and well, or utility lines for sewer and water, etc. The Corps recommends avoidance of jurisdictional areas and where it cannot be avoided, any structure, fill, etc. be designed so as to minimize impacts to regulated waters. Any discharge of dredged or fill material into regulated waters (streams, wetlands, ponds, etc.) may require a permit from the Corps and /or DEQ. Lastly, if no jurisdictional activity is proposed nor is necessary in order to reasonably develop the lots, (no discharge, excavation or construction in areas regulated by the Corps and /or DEQ under the Clean Water Act), no permit nor delineation submittal is required. If permits are required, even though the two projects are each single and complete, the Corps may consider if the cumulative impacts to the jurisdictional waters exceed minimal and determine that mitigation may be required for all permits. It is the responsibility of the developer /property owner to ensure all necessary permits are obtained and the activities are authorized. If you have any questions, please do not hesitate to contact me. Nora Iseli, PW D US Army Corps of Engineers Norfolk District Central VA Regulatory Field Office 444 Abby Lane Howardsville, VA 24562 434/263 -8247 434/263 -4170 FAX Nora.m.iseli @usace.army.mil E -mail messages may be subject to FOIA No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.19.19/1258 - Release Date: 2/4/2008 10:10 AM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.19.19/1258 - Release Date: 2/4/2008 10:10 AM