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Home My WebLink AboutWPO202200035 Review Comments WPO VSMP 2022-09-08�q oe nt 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 c A� County of Albemarle Telephone: 434-296-5832 COMMUNITY DEVELOPMENT DEPARTMENT WWW.ALBEMARLE.ORG VSMP Permit Plan Review Project title: Foxfield Fill Site Project file number: WPO-2022-00035 Plan preparer: Shimp Engineering [Justin@shimp-engineering.com] Owner or rep.: Foxfield Racing Association Inc. [(sa nford@fa ulconerconstruction.com] Plan received date: 3 August 2022 Date of comments: 8 September 2022 Reviewer: Matt Wentland County Code section 17-410 and Virginia Code §62.1-44.15:34 requires the VSMP authority to act on any VSMP permit by issuing a project approval or denial. This project is denied. The rationale is given in the comments below. The VSMP application content requirements can be found in County Code section 17-401. A. Stormwater Pollution Prevention Plan (SWPPP) The SWPPP content requirements can be found in County Code section 17-405. A SWPPP must contain (1) a PPP, (2) an ESCP, (3) a SWMP, and (4) any TMDL measures necessary. 1. Provide a SWPPP, including a completed and signed DEQ Registration Form and a signed Certification. B. Pollution Prevention Plan (PPP) The PPP content requirements can be found in County Code section 17-404. 1. Provide a PPP with the SWPPP. C. Stormwater Management Plan (SWMP) VSMP Regulation 9VAC25-870-108 requires the VSMP authority to approve or disapprove a SWMP. This plan is disapproved, and the reasons are provided in the comments below. The stormwater management plan content requirements can be found in County Code section 17- 403. 1. Provide an application signed by the owner of the property. 2. The 0.25 lbs. of nutrient credits will need to be purchased. The site drains to impaired waters as determined by DEQ and the credits will need to be purchased from within the same 8-digit HUC. The Ivy Creek bank and the Rivanna River bank (from the included availability letter) are both acceptable. Please contact Ana Kilmer in our office prior to purchasing credits. 3. Include Section 18.5.1.28 on the plans. 4. It doesn't appear that any slopes are steeper than 4:1, but include a note to that affect on the plans to show compliance with 18.4.3.3. 5. Show the stream buffers on the plans. 6. The height of fill may not exceed 8' above natural grade. A waiver/exception will be needed. [18.5.1.28(a)1] Engineering Review Comments Page 2 of 3 7. An exception/waiver will be needed for fill areas greater than 2 acres and located in RA zoning. [18.5.1.28(a)11 & 18.5.1.28(c)] Zoning comments 8. (Scott Clark) This property is subject to two conservation easements held by the Albemarle Conservation Easement Authority. Section II-7 of the deed of easement covering the area of the proposed fill activity prohibits grading, blasting, filling, or earth removal that "materially alters the topography of the property," with limited exceptions for ponds, E&S plans, and permitted improvements. (Please see the attached deed for the full language of the restrictions.) Given the extent and depth of the proposed fill, the project would materially alter the topography of the property. However, it is not clear from the plan what the purpose of the fill is or how it would meet any of the exceptions listed in Section II-7(i). Please provide additional information on the need for and purpose of the project. Also, Section II-7(ii) requires that, for grading, blasting, filling or earth removal activities that are exempted from the prohibition in II-7(i), the landowner must provide 30 days' advance notice to the easement holder. This WPO application can be considered that notice, but the additional information requested above is needed for the Authority to determine if the fill activity is permitted under II-7(i). Please note that this determination will require action by the Authority at one of their monthly meetings (2nd Thursdays). Additionally, any ACEA determination is exclusive of and non -binding on any action the County might take on the WPO application. 9. (Francis MacCall) This is considered a clean earth fill activity. If the hurdle of the easement, identified by Scott, can be overcome, then a Special Exception is required to exceed the 2 acre maximum identified in Section 5.1.28(a)(11). If this can be permitted then a Zoning Clearance will be required before the fill activity is commenced. All of the requirements in Section 5.1.28 should be listed separately on the plan. D. Erosion and Sediment Control Plan (ESCP) Virginia Code §62.1-44.15:55 requires the VESCP authority to approve or disapprove an ESCP. This plan is approved, and the reasons are provided in the comments below. The erosion control plan content requirements can be found in County Code section 17-402. 1. The ESC plan appears acceptable at this time, but include a note that additional measures may be required at the request of the County Inspector. The VSMP permit application and all plans may be resubmitted for approval when all comments have been satisfactorily addressed. For re -submittals please provide 2 copies of the complete permit package with a completed application form. Engineering plan review staff are available from 2-4 PM on Thursdays, should you require a meeting to discuss this review. Process: Engineering Review Comments Page 3 of 3 After approval, erosion and sediment control and stormwater management improvements must be bonded. The bonding process begins when the plan is approved, and the applicant submits a bond estimate request form and fee to the Department of Community Development. A plan reviewer will prepare estimates and check parcel and easement information based on the approved plans. The County's Management Analyst will prepare bond agreement forms, which will need to be completed by the owner and submitted along with cash, certificates or sureties for the amounts specified. The agreements will need to be approved and signed by the County Attorney and County Engineer. This may take 2-4 weeks to obtain all the correct signatures and forms. Stormwater Management Facilities Maintenance agreements will also need to be completed and recorded. The County's Management Analyst or other staff will prepare the forms and check for ownership and signature information. The completed forms will need to be submitted to the County, who will record the agreement. After bonding and agreements are complete, county staff enters project information in a DEQ database for state application processing, if a DEQ permit is required. DEQ reviews the application information based on local VSMP authority approval. At this time, the DEQ portion of the application fees will need to be paid directly to the state. For fastest processing, this is done electronically with the emails provided on the application. DEQ should notify applicants with instructions on how to pay fees. When DEQ approves the application, they will issue a permit coverage letter, which must be posted at the construction site. After DEQ coverage is issued, via the coverage letter, the County can hold a pre -construction conference. Applicants must complete the request for a pre -construction conference form and pay the remainder of the application fee. The form identifies the contractor and responsible land disturber, and the fee remaining to be paid. This will be checked by county staff, and upon approval, a pre -construction conference will be scheduled with the County inspector. At the pre - construction conference, should everything proceed satisfactorily, a joint VSMP and grading permit will be issued by the County so that work may begin. County forms can be found on the county website forms center under engineering; https://www.al bemarle.org/government/community-development/apply-for/engi neering-applications