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Home My WebLink AboutWPO202100066 Correspondence 2022-02-14BALZER & ASSOCIATES PLANNERS/ARCHITECTS ENGINEERS/SURVEYORS 128 W Market Street Suite 103 Harrisonburg VA 22801 540.433.1908 www.bolzer.cc Roanoke Richmond New River Valley Staunton Harrisonburg Lynchburg S, 02-14-2022 To Whom It May Concern: RE: 1225 Apple Tree Lane Layout, Grading, & ESC Plan Comment Response Letter (Submittal #2) Balzer Project No: 34210055.00 County Project No.: WP0202100066.00 County of Albemarle, Virginia This letter is being provided in response to the comments from the various review agencies on the site plan for the referenced project. Our responses to the comments are as follows: Stormwater Pollution Prevention Plan (SWPPP) Not required. Pollution prevention plan (PPP) Not required. Stormwater Management Plan (SWMP) Not required. Erosion and Sediment Control Plan (ESCP) 1. Tree protection is needed within the Limits of Disturbance for any tree that is to remain. Tree protection has been added to all trees remaining in place (Sheet C3). 2. Construction Entrance must drain to a sediment trapping device, as shown partially drains to silt fence. Silt fence has been lengthened and a note specifies that construction entrance subgrade must drain to SF (Sheet C3). 3. Remove Trench Drain and note from Erosion and Sediment Control Plan, if it were to remain it would need to have a defined terminus with proper protection, since this is a Stormwater item and plan being reviewed is an Erosion and Sediment Plan, remove mention from plan. Trench drain note has been removed from plans (Sheet C2). 4. Provide Retaining Wall details, as shown on plan appears that they may need grading easement to construct Retaining wall detail has been provided on plans (Sheet C2). I BARER & ASSOCIATES PLANNERS/ARCHITECTS ENGINEERS/SURVEYORS 5. Easement for offsite grading on neighboring property must be provided. Grading easements have been obtained, referenced on Sheet C2 and have been provided as an attachment to this document. 6. Show final grades for home and neighboring properties, home seems to be very close to property lines and may need to tie final grading over property lines. Grades near the property line have been provided. Finished grade elevations for the home and internal landscaping are contained within the architectural and landscaping plans. 7. Extend silt fence containment to capture English Garden area. Silt fence has been extended to contain the English Garden area (Sheet C3). Sincerely, BALZER AND ASSOCIATES, WC Page 2 of 2 Prepared by and return to: Steven W. Blaine, Esq. Woods Rogers PLC 123 E. Main Street, 5" Floor Charlottesville, Virginia 22902 Tax Map Numbers: 60E1- 00-OB-00400, 60E1- 00-OB-00300 60E2-00-00-00100 TEMPORARY GRADING AND CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY GRADING AND CONSTRUCTION EASEMENT AGREEMENT (this "Agreement") is made and entered into as of this _ day of February, 2022, by and between FARMINGTON COUNTRY CLUB, INC., a Virginia corporation ('`Grantor") with an address of 1625 Country Club Circle, Charlottesville, Virginia 22901, WILLIAM MCILWAINE THOMPSON, JR., AND ELSIE WILSON THOMPSON, 1215 Apple Tree Lane, Charlottesville, Virginia 22901("Grantor') and EARL MARTIN GROSSMAN AND SUZANNE TASSIE GROSSMAN, TRUSTEES OF THE EARL MARTIN GROSSMAN TRUST, ("Grantee'), with an address of 1235 Apple Tree Lane, Charlottesville, Virginia 22901. RECITALS: A. The Grantors are the owners of real property and improvements located in Albemarle County, Virginia, as more particularly shown on Exhibit A attached hereto and incorporated herein (collectively, the "Adjacent Parcels"). B. Grantee is the owner of the real property and improvements located in Albemarle County, Virginia as more particularly shown on Exhibit A (the "Grossman Parcel" ). C. Grantee is making improvements to the Grossman Parcel that include a wall that will be constructed entirely on the Grossman Parcel, but immediately adjacent to the Adjacent Parcels. The Grantors have agreed to grant to Grantee temporary easements for grading and construction over, across, and along a portion of the Adjacent Parcels in the area described as "Proposed Grading Easement" on Exhibit A. NOW THEREFORE, for and in consideration of the mutual covenants and provisions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: 1. The Grantors do hereby grant and convey to Grantee, for the benefit of the Grossman Parcel, a temporary, non-exclusive easement upon, over, across and through the portion of the Adjacent Parcels described and depicted as the "Proposed Grading Easement'' on Exhibit A attached (the "Grading Easement Area") for the purposes of clearing, cutting, constructing, filling, and grading at Grantee's expense. 2. In addition, the Grantors do hereby grant and convey to Grantee, a temporary, non- exclusive easement to use the Grading Easement Area for access and other activities reasonably related to Grantee's constructing of wall(s), as described above. / t W" {2919944-1, 122004-00004-03) 3. The easements granted in Sections I and 2 above (together, the "Temporary Easements") will terminate on the completion of Grantee's completion of the wall(s) set forth on Exhibit A or on December 31, 2023, whichever occurs first. 4. Grantee, its successors and assigns, hereby indemnify the Grantors, and each of their successors and assigns, against, and hold Grantors, their successors and assigns, harmless from, any and all claims, liabilities, losses, damages, judgments, actions, suits, liens, and expenses, including, without limitation, reasonable attorneys' fees and court costs, which may be asserted against or incurred by Grantors, their successors or assigns, arising out of the clearing, cutting, constructing, filling, and grading work under the Temporary Easements by Grantee. 5. Except as otherwise expressly stated herein, this Agreement, and the easements, rights, privileges, responsibilities, obligations, covenants and restrictions contained herein, shall be binding upon and inure to the benefit of the parties hereto, and their respective successors, heirs, legal representatives and assigns, and shall be appurtenant to and run with the land during the term of the Temporary Easements, as set forth in Section 3 above. 6. This Agreement shall be construed, performed and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of laws principles. [Remainder of page intentionally left blank. Signature pages follow.] 2 (2919944-1, 122004-00004-03) WITNESS the following signatures and seals: FARMINGTON COUNTRY CLUB, INC. a Virginia corporation By: . c_ COMMONWEALTH OF VIRGINIA GIT-Y•/COUNTY OF A(L&MRXk) to -wit: I, tlh� undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify tl as President of Farmington Country Club, Inc., a Virginia corporation, appear d before me and acknowledged the foregoing instrument this A4 day of <J ano ua r 2022. Notary Public My Commission Expires: g2.2Y.2025 Notary Registration Number: .35507 SEAL [Remainder of page intentionally left blank. Signature pages continue on following page.] (2919944-1,122004-00004-031 9MONWEALTH OF VIRGINIA -- COUNTY OF _._ff�Sr ))e to -wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that William Metlwaine Thompson, Jr appeared before me and acknowledged the foregoing instrument this day of Febry u t 12022. S1j'h-14ti Notary Public My Commission Expires: y 13619,013 Notary Registration Number: 7119473 SEAL Commonwealth of Virginia Kimberly S. Ferguson Notary Public Commission No. 7112173 /y/ "'o°;ge,wb„•`• My Commission Expires 4130/2023 S / L Elsie Wilson Thompson CMONWEALTH OF VIRGINIA ITY COUNTY OF �' {na{�'{S✓rIIQ to -wit: I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby, certify hat Elsie Wilson Thompson appeared before me and acknowledged the foregoing instrument this day of 12022. 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