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HomeMy WebLinkAboutWPO202200037 Review Comments WPO VSMP 2022-11-30County of Albemarle COMMUNITY DEVELOPMENT DEPARTMENT VSNIP Permit Plan Review Project title: Innisfiree 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.tiefenback6d�stantecxom Owner /Applicant: Innisfiree Inc. 5505 Walnut Level Road, Crozet, VA 22932 strearnskinnisfireevillage.org Peter Traverse, 102 Dundee Rd, Ruckersville, VA 22968 streamskinnisfireevillage.org Plan received date: 12 Sep 2022 (Rev. 1) 28 Oct 2022 Date of comments: 3 Oct 2022 (Rev. 1) 30 Nov 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 VSXT authority to act on any VSMP permit by issuing a project approval or denial. This project is disapproved for reasons listed below. The VSMI? 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 SWW, 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. (Rev. 1) Addressed. b. A copy of 2019 VARIO CGP (Sec. I I -p. J(Rcv. 1) Not addressed. Please insert 26 2019 CGP between pg. 101 and 102 of SWPPP. c. PPP Exhibit (Sec. 6A. - I I" x 17") that identifies initial location of following in relation to project limits: i. Rain gauge (Rev. 1) Addressed. ii. Vehicle wash station, with wash waters draining to a depression with no outlet to stream or storm conveyance system (Rev. 1) Addressed. iii. Portable sanitary facilities (porta-john) (Rev. 1) Addressed. iv. Solid waste dumpster, as needed (Rev. 1) NA. v. On -site Fuel station, as needed (Rcv. 1) Addressed, vi. Solvent -chemical storage, as needed (Rev. 1) NA. vii. Concrete or grout washout, as needed (Rev. 1) NA. d. List named individual responsible for PPP (Sec. 6.E.) (Rev. 1) Addressed. Applic 'Section 1. 1 of the SWPPP includes all contact and responsible party information.' e. List named individual responsible for VESCH /SWPPP compliance inspections (Sec. a). (Rev. 1) Addressed. Engineering Review Comments Page 2 of 6 Items d./e. not required for plan approval but needed to receive a Grading Permit, 2. Stantec Sec. 7.0 Certification: complete /sign /date. (Rev. 1) Addressed. 3. Incl. ref to WP0202200037 on SV,1PPP cover. (Rev. 1) Addressed. R. Pollution Prevention Plan (PPP) —see SWPPP item l.c./d., abov (Rev. 1) Addressed. Applic : 'The PPP exhibit is included in Exhibit B of the SWPPP.'Note: Exhibit B is a I -sheet standalone document not incorporated into the body of SWPPP (.PDF) but received by Albemarle, available via on-line file system. The PPP content requirements can be found in County Code section 17-404. C. Storinwatcr Management Plan (SWMP) VSNIP Regulation 9VAC25-870-108 requires the VSNIP authority to approve or disapprove a SWMP. This plan is disapproved for reasons related to FDP application and USACE perrait approval, item L, 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. (Rev. 1) NA, withdrawn. Digital submittal process may shift orientation —internal to county process. Stantec not responsible. b. Submit floodplain development permit (FDP) applicatio . Allowable activities within floodplain: 18-30.3.11, table. pre -requisites to floodplain development: 18-30.3.12. Restoration projects I (table: flood and water related uses and structures, 2nd item) approved by Albemarle are by -right within floodway or floodway fringe only if they cause no change to the base floodplam elevation or horizontal limits of mapped floodplam. Any change to horizontal limits or base floodplain elevation of a FEMA-mapped floodplam requires coordination with FEMA, and an approved CLOMA /LOMA. (Rev. 1) May persist. Applicant response (letter d. 10/26/22): 'FDP Application has been submitted along with these plans.' No record of application found in county system. Please confirm Application at this link was completed and digitally submitted along with 'No Rise' certificate at this link. Tel: 434.296-5832 -0069. GIS image below indicates floodplain exists in vicinity of SR 668, an area of proposed project activity-strearn restoration, and perhaps elsewhere within project vicinity. c. FDP Application approval is required prior to WPO plan approval. (Rev. 1) Persists. Applic 'Comment acknowledged.' d. List WP0202200037 as associated with FDP Application. (Rev. 1) May persist. Applic 'Water Protection Ordinance application number has been listed on the FDP application.' As follow-yp: FDP status discussed: J. Anderson and G. Halley, 11/30/22. Albemarle requests formal FDP application submittal via digital submittal portal, not as email attachment. e. Include ref to WP0202200037 on VSMP IWPO plan title sheet. (Rev. 1) Addressed. f List Corps permit # lower left comer of title sheet. USACE approval required prior to WPO plan approval. (Rev. 1) Persists. Applic : 'Corp permit number will be provided upon receipt from USACE.' 2. On sheet NVOOI (Existing conditions) or sheet NSIOI (Master summary), label tax map parcel with ownership information: Name, TMP ID, deed bk.-pg. ref JNIP 01400-00-00-01000). (Rev. 1) Addressed. 3. All plan sheets a. Show /label critical slopes (GIS Critical Resources layer), (Rev. 1) Addressed. Note: Project does not appear to impact critical slopes. See plan sheet NSIOL b. Show /label stream buffers (county GIS). (Rev. 1) Addressed. See plan sheet NSIOL c. Show /label mapped FEMA floodplain. (Rev. 1) Addressed. See plan sheet NSIOL For example: in pfftial image of project area, purple (L) indicates stream buffer, tan (2.) indicates critical slopes, horizontal hatching (3.) indicates floodplain. Shading or linework for stream buffers, critical slopes and floodplain must display across plan sheets for review, approval, and construction purposes. [ Image removed with Rev. I comments] Engineering Review Comments Page 3 of 6 4. On sheet NVOOI, 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 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 (Innisfree 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 Innisfree Stream Mitigation Bank Plan. (Rev. 1) Addressed. 5. Note: Whatever forest/open space (FOS) acreage is listed in the VaRRM.xls 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 forest/open space easement plat requires separate application, review and approval. Plat must be recorded prior to WPO plan approval. Application link, (Rev.1) Withdrawn. Applic :'Comment Acknowledged. Per email correspondence with Albemarle County on October 19,2022, the existing recorded Restrictive Covenant is sufficient to meet the requirements of the Open Space noted in the VaRRM.xIs post -development land cover table.' 6. Engineering affirms: Channel flood protection calculations may be waived in this instance consistent with past precedent and DEQ Guidance Memo 15-2003, [cluote: Stantec letter, p. 3] (Rev. 1) Comment is statement; not request for revision. 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).' (Rev. 1) Comment is statement; not request for revision. 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 NVO02), and installation of multiple ponds and road crossings. (Rev. 1) Comment is statement, not request for revision. 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 o stream buffe . (Rev. 1) Addressed. Applic : 'Comment acknowledged.' 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. (Rev. 1) Addressed. Applic : 'Comment acknowledged, see items 10.ii. and 10.iii. below.' 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 Modijication & Mitigation Guidance Manual, Tables A and B, pp. 10 1 and 102. (Rev. 1) Addressed. Applic : 'Per in -person meeting with Albemarle County on October 18, 2022, Stantec has added a table to the Planting Plan (Sheet 42) detailing area (acres) of LOD vs. Mitigation plantings within the GIS mapped Albemarle County Stream Buffer per reach or reach group to clarify plan design against riparian buffer requirements.' iii. Once (ft) 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 Engineering Review Comments Page 4 of 6 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 100-11 of an intermittent or perennial stream (centerline) in the rural district (areas shaded purple on county GIS). (Rev. 1) Addressed. Applic : 'Stantec has added a table to the Planting Plan (Sheet 42) detailing area (acres) of LOD vs. Mitigation plantings within the GIS mapped Albemarle County Stream Buffer per reach or reach group to clarify plan design against riparian buffer requirements. The 2:1 mitigation planting requirement is met for all reaches or reach areas, except for Reach 3F. The Reach 3F stream buffer is wooded, and plantings will occur within the entire LOD available within the stream buffier.' iv. No Mitigation plan bond is required, but plant schedules /quantities that meet establishment of buffer vegetation at 17-604.C.5. are required. (Rev. 1) Addressed. Applic : 'Comment acknowledged. Plant schedules/quantities detailed on the Planting Plan (Sheet 42) meet the establishment of buffer vegetation at 17-604.C.5.' 11. If VaRRMxls post -developed land cover values are revised, please update August 11, 2022 calculations (p. 2, VaRRM.xls table). Please include ref to WP0202200037 on Calc. packet. (Rev. 1) Addressed. Applic : 'Comment acknowledged. Per correspondence with Albemarle County on October 19,2022, the existing Restrictive Covenant is sufficient to meet the requirements of the Open Space noted in the VaRRM.xls post -development land cover table. As the table has not been revised, a revised Cale. packet has not been submitted.' 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. (Rev. 1) Comment is statement, not request for revision. 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 appro 1. Beginning sheet 30 a. Provide match -lines to orient drawings relative to one another (Rev. 1) Addressed. b. Show /label stream buffers, (Rev. 1) Addressed. c. Show /label critical slopes. Slopes > 25 percent in the rural district are critical slopes. (Rev. 1) Addressed. 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 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. (Rev. 1) Addressed. A1313lic : TRS has been revised to avoid critical slopes.' e. 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. (Rev. 1) Addressed. 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 l2aved construction entrance detail on plans (pg. 8). (Rev. 1) Addressed. 3. Sheet4l Engineering Review Comments Page 5 of 6 a. ESC Narrative, 2n' 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. (Rev. 1) Addressed. 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. (Rev. 1) Addressed. c. Note 3: 'Install Phase F 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. (Rev. 1) Addressed. 'Next Steps' after WPO plan approval Purchase Nutrient Credits (if required) a. PLEASE coordinate with the County reviewer before working with a nutrient bank, The reviewer must confirm if your project must follow the DEQ hierarchy requirements, b. Letter of availability must be provided on the WPO approved plans. c. Applicant must contact/coordinate nutrient credit purchase with Ana Kilmer, akilmergalbemarle.org d. Affidavit of Purchase must be provided to Ana Kilmer before a grading permit can be issued. 2. Post WPO Bond a. Applicant must submit a'Reauest to Establish aBond'fiarm and fee to CDD. i.Complete the form and email it to akilmer(a),albemarle.org, along with proof of payment (see below). b. Payment can be made either online or with a check. Uf paying online: I . Go to the online payment portal. a. Select WPONSMP as the application 'type.' b. Type in the WPO number and project name in the Notes/Details section of the form. C. Type in the 'payment amount' as $294.34. d. Click "Proceed to Secure Checkout" link to make payment. 2. You will receive a receipt in an email. ii.Email a copy of the receipt to akilmer(a-),albemarte.org. c. Once the bond request and payment are received, the applicant can provide the bond estimate (completed on the County worksheet), or Engineering staff will complete the estimate. Once the estimate is approved, Ana Kilmer will contact and work with the applicant to post the bond. Obtain DEQ Permit (if required) After nutrient credits have been purchased and the bond has been posted: a. County staff wfll register the project with DEQ. b. Applicant/operator listed on the Registration Statement wfll receive an email with instructions on how to pay the DEQ permit fee. c. Applicant must email a copy of the DEQ receipt of payment to charris&albernarle.org. dw DEQ typically will issue a permit within 2 weeks of receiving payment. 4. Request pre -construction meeting: a. Complete and email the Request for a Preconstruction Meeting and Grading Permit to charrisAalbemarle.org. b. Pay the fee via the online payment portal or a check at the pre -construction meeting. If paid online, email a copy of the receipt to charris(a),albemarle.org. All steps must be completed before the grading permit can be issued. County forms can be found on the county website forms center under Engineering Applications: Engineering Review Comments Page 6 of 6 hfti)s://www.albemarle.orgIgoverrimenticommunity-develoi)mentlai)i)lv-forlengineering-ai)plications Thank you. Please call if any questions — tel. 434.296-5832 -x3069, or email 4andersom2(a_)aIbemarle.or9. VvT0202200037—Innisfree stream mitigation bank -phase 2_1 13022revl