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Home My WebLink AboutWPO202200037 Review Comments WPO VSMP 2022-10-03,toe nl County of Albemarle COMMUNITY DEVELOPMENT DEPARTMENT �aczrnt' VSMP Permit Plan Review Project title: Innisfree Stream Mitigation Bank Phase 2 Project: WPO2022-00037 Plan preparer: Andrew J. Tiefenback, PE, Stantec Consulting Services Inc. 5209 Center St. / Williamsburg, VA 23188 Andrew. tiefenback(i�stantec. corn Owner /Applicant: Innisfree Inc. 5505 Walnut Level Road, Crozet, VA 22932 streams(,innisfreevillage. org Peter Traverse, 102 Dundee Rd, Ruckersville, VA 22968 streams(a innisfreevillase.org Plan received date: 12 Sep 2022 Date of comments: 3 Oct 2022 Reviewer: John Anderson, PE, CFM 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434-296-5832 WWW.ALBEMARLE.ORG 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 for reasons listed 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 ESOP, (3) a SWMP, and (4) any TMDL measures necessary. SWPPP 1. Stantec proprietary SWPPP differs from county SWPPP template. Ensure information included with county template appears in SWPPP prepared by Stantec for this project. For example, SWPPPs must include: a. ESC plan sheets corresponding with revised approved VSMP plan sheets. (Sec. 4 county template), Note: ESC SWPPP insert sheets are I I" x 17 reduced -size plan sheets. b. A copy of 2019 VAR10 CGP (Sec. 11) c. PPP Exhibit (Sec. 6.A. - I I" x 17") that identifies initial location of following in relation to project limits: i. Rain gauge ii. Vehicle wash station, with wash waters draining to a depression with no outlet to stream or storm conveyance system iii. Portable sanitary facilities (ports John) iv. Solid waste dumpster, as needed v. On -site Fuel station, as needed vi. Solvent -chemical storage, as needed vii. Concrete or grout washout, as needed d. List named individual responsible for PPP (Sec. 6.E.) e. List named individual responsible for VESCH /SWPPP compliance inspections (Sec. 8). Items d./e. not required for plan approval but needed to receive a Grading Permit. 2. Stantec Sec. 7.0 Certification: complete /sign /date. 3. Incl. ref. to WP0202200037 on SWPPP cover. B. Pollution Prevention Plan (PPP) —see SWPPP item l.c./d., above The PPP content requirements can be found in County Code section 17-404. C. Stormwater Management Plan (SWMP) Engineering Review Comments Page 2 of 9 VSMP Regulation 9VAC25-870-108 requires the VSMP authority to approve or disapprove a SWMP. This plan is disapproved for reasons listed below. The stormwater management plan content requirements can be found in County Code section 17-403. 1. General a. Orient all plan sheets to landscape view. b. Submit floodplain development permit (FDP) application. Allowable activities within floodplain: 18- 30.3.11, table. pre -requisites to floodplain development: 18-30.3.12. Restoration projects (table: flood and water related uses and structures, 2"d item) approved by Albemarle are by -right within floodway or floodway fringe only if they cause no change to the base floodplain elevation or horizontal limits of mapped floodplain. Any change to horizontal limits or base floodplain elevation of a FEMA-mapped floodplain requires coordination with FEMA, and an approved CLOMA /LOMA. GIS image below indicates floodplain exists in vicinity of SR 668, an area of proposed project activity -stream restoration, and perhaps elsewhere within project vicinity. c. FDP Application approval is required prior to WPO plan approval. d. List WPO202200037 as associated with FDP Application. e. Include ref. to WPO202200037 on VSMP /WPO plan title sheet. f. List Corps permit # lower left comer of title sheet. USACE approval required prior to WPO plan approval. 2. On sheet NV001 (Existing conditions) or sheet NS 101 (Master summary), label tax map parcel with ownership information: Name, TMP ID, deed bk.-pg. ref. (TMP 01400-00-00-01000). 3. All plan sheets a. Show /label critical slopes (GIS Critical Resources layer). b. Show /label stream buffers (county GIS). c. Show /label mapped FEMA floodplain. For example: in partial image of project area, purple (L) indicates stream buffer, tan (2.) indicates critical 4. On sheet NV001, include statements that place project in context of project goals: streambank erosion mitigation, flood control, SWM control /runoff reduction, natural stream restoration, biological enhancement, environmental benefit, streambank stabilization, all of which are intrinsic if not direct stormwater management goals, only in this instance, identical with project land disturbance. Land is disturbed to achieve project outcomes, all of which have direct SWM benefit. The project is not exempt from state stormwater management requirements yet is not Engineering Review Comments Page 3 of 9 evaluated by typical review metrics. Provide narrative statement that speaks to this. Recommend transfer entire text of first 3-p. of Stantec letter d. August 11, 2022 (Irmisfree Stream Mitigation Bank Phase 2 — Stormwater and Hydraulic Calculations). If text is copied, revise any reference to `attached' to proper reference to Stantec August 11, 2022 Calculation packet, submitted separately with the hmisfree Stream Mitigation Bank Plan. 5. Note: Whatever forestlopen space (FOS) acreage is listed in the VaRRM.x1S is required to be covered by: platted easement (incl. metes and bounds), deed of easement, and a SWM Maintenance Agreement (FOS easement is an `Other Technique' that meets state SWM regulations). A forestlopen space easement plat requires separate application, review and approval. Plat must be recorded prior to WPO plan approval. Application link. 6. Engineering affirms: Channel flood protection calculations may be waived in this instance consistent with past precedent and DEQ Guidance Memo 15-2003. [quote: Stantec letter, p. 3] 7. VaRRM.xls (New development) indicates no phosphorus reduction is required (3.4 lb. credit) since all post-dev land cover is forest /open space (9.96 Ac.) (8/11/22 Stantec, p. 2), with `stream and wetland restoration areas and adjacent vegetated buffers ... protected in perpetuity under the terms of the Mitigation Banking Instrument (MBI).' 8. Project may proceed with an approved ESC plan to restore streams and protect wetlands degraded by cattle pasture /access, widening or straightening of channels for flood control, logging, loss of forest (sheet NV002), and installation of multiple ponds and road crossings. 9. Project is not exempt from county stream buffer requirements, is an eligible activity which may be allowed in a stream buffer by program authority as an ecological restoration project (17-604.B.). Project design, goals, and proposed landscaping (replanting stream buffer) should meet requirements for management of stream buffer. 10. Stream buffer mitigation (sheet 42): This single sheet provides inadequate detail to evaluate or inspect plan design against riparian buffer requirements. For example: i. Satellite imagery with hatching does not adequately define limits of mitigation plantings, for example: L along stream reach, width, or area (SF) of any particular designated mitigation planting area. ii. Calculate /show on individual sheets stream buffer impact and proposed mitigation planting area. It is unclear why not all reaches of restored or realigned or stabilized stream would not receive plantings. Once stream buffer impact is calculated /shown and labeled (sf) for individual reaches, it is possible to calculate 2:1 offset ratio. If only a 20' width of stream (buffer) is disturbed for a given reach, for example, either side of centerline, ordinance anticipates a 40' width would be re -planted with native species, either side of centerline, per table schedules listed at DCR Riparian Buffers Modification & Mitigation Guidance Manual, Tables A and B pp. 101 and 102. iii. Once (ftz) stream buffer impact is calculated, provide detailed planting schedule for each reach of stream at 2:1 offset ratio. Please note that even if current land cover at verge of a restored stream is fallow fescue /former pasture, and not forested, the 2:1 mitigation planting requirement applies to these areas, as well; i.e., mitigation planting requirements apply to any area of disturbance within GIS stream buffer, which are those areas within 100-ft of an intermittent or perennial stream (centerline) in the rural district (areas shaded purple on county GIS). iv. No Mitigation plan bond is required, but plant schedules /quantities that meet establishment of buffer vegetation at 17-604.C.5. are required. 11. If VaRRM.xls post -developed land cover values are revised, please update August 11, 2022 calculations (p. 2, VaRRM.xls table). Please include ref. to WPO202200037 on Calc. packet 12. Albemarle offers no review comment on natural stream restoration design /Rosgen Method, design is only evaluated for comparison with ESC-SWM-Mitigation-SWPPP requirements. 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 disapproved for reasons listed, below. The erosion control plan content requirements can be found in County Code section 17-4022. 1. Beginning sheet 30 a. Provide match -lines to orient drawings relative to one another. b. Show /label stream buffers. c. Show /label critical slopes. Slopes >_ 25 percent in the rural district are critical slopes. d. For any CRS proposed across critical slopes, evaluate alternative construction access that avoids critical slopes. If evaluation indicates no alternative accessway exists across critical slopes (sheet 35, for example, contours 880' to 840'), provide plan notes, labels, narrative etc. specifying `protective and restorative measures [will] be Engineering Review Comments Page 4 of 9 installed and maintained as deemed necessary to ensure that the development will be consistent with the intent of section 4.2' of chapter 18, Albemarle County ordinance. See county code 18-4.2.6.c. Provide silt fence downslope of CRS, upslope of streams. SF is shown downslope of stockpile areas, only. Provide ESC sequence to coordinate placement of SF with in -stream structure placement, channel realignment, or stream bank stabilization. SF cannot be installed if it interferes with active grading but should be installed upon completion of channel or stream bank work daily where CRS provides access to a stream reach. 2. Sheet 36 a. Provide paved construction entrance at intersection with Walnut Level Road. While county ESC inspector may allow VESCH Std. & Spec. 3.02 temporary (stone) construction entrance, Albemarle County Design Standards Manual (ACDSM) specifies a paved wash rack (CE). Include paved construction entrance detail on plans (pg. 8). 3. Sheet 41 a. ESC Narrative, 2"d paragraph: Revise /edit `the current sheets are preliminary and future design plans will provide more detail.' Preliminary plans cannot be approved. Provide final ESC design for plan approval. b. Pre -construction Note 1: Revise /edit `arrange a pre -construction meeting with Charlotte County and the southside soil and water conservation district,' appropriate to Albemarle County project location. c. Note 3: `Install Phase 1' ESC measures. ESC does not appear to be phased. Clarify if ESC measures are phased. Later text indicates Phase 2 is in -channel work. Revise sequence for clarity. Process: After approval, plans will have to be bonded. The bonding process is begun by submitting a bond estimate request form and fee to the Department of Community Development. One of the plan reviewers 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 have to be completed by the owner and submitted along with cash, certificates or sureties for the amounts specified. The agreements will have to be approved and signed by the County Attorney and County Engineer. This may take 24 weeks to obtain all the correct signatures and forms. A Stormwater Management Facilities Maintenance agreement (for FOS easement) will have to be completed and recorded. The County's Management Analyst or other staff will prepare forms and check for ownership and signature information. Completed forms will have to be submitted along with court recording fees. A forest /open -space easement plat is required and must be recorded prior to WPO plan approval. Easement plat application requires separate review -approval. After bonding, agreements are complete, and plat recorded, county staff will enter project information in a DEQ database for state application processing. DEQ will review the application information based on local VSMP authority approval. At this time, the DEQ portion of the application fees will have 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. This should be copied to the county. 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 Applications: https://www.albemarle.orWRovemment/community-development/apply-for/en ing eering-applications Thank you. Engineering Review Comments Page 5 of 9 Please call if any questions — tel. 434.296-5832-x3069, or email 4anderson2(a),albemarle.org. WPO202200037_Innisfree stream mitigation bank -phase 2_100322