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HomeMy WebLinkAboutWPO200400007 Correspondence 2004-02-11 R Lilly From: Kenny Thacker Sent: Monday, August 01, 2005 10:30 AM To: Ray Lilly Subject: FW: Hollymead Town Center Original Message From: Mark Graham Sent: Friday, July 29, 2005 5:39 PM To: 'Garth Anderson'; Mark Graham; Ken Boyd Cc: Jack Kelsey; Kenny Thacker Subject: RE: Hollymead Town Center I'm sorry if my response was not satisfactory. I assure you staff has followed this issue from the initial plan review to the current situation and is also frustrated. That said, I believe my facts are correct, though maybe I'd do better to communicate face to face. Additionally, if the Hollymead and Forest Lakes HOAs want a public information meeting where we could explain this situation, I would be happy to work with them. I would also try to also get staff from the Virginia Department of Environmental Quality and Virginia Department of Conservation and Recreation to attend. That said, I'm going to try again to explain the situation. Nobody is arguing the lake has been discolored. Staff has investigated this throughout construction and suspected it would happen before construction started. I have already publicly stated that I am sure sediment from the Hollymead Town Center construction is reaching Lake Hollymead. Staff was so concerned with this during the start of construction that we asked the Virginia Department of Conservation and Recreation (DCR) to audit our enforcement of the regulations. DCR reviewed our enforcement and determined we were properly enforcing the regulations. That said, compliance with the regulations doesn't mean all sediment is kept on the construction site. Strange as it may sound, it would not be unusual for the lake to be discolored while the upstream construction sites are in compliance with County and State erosion and sediment control requirements. If properly functioning under the regulations, those sediment control measures will capture 60 -70% of the sediment, meaning 30 -40% of the sediment is washing downstream. Thus, I am relatively certain you are seeing discoloration as a result of construction at the Hollymead Town Center. Even if the County intensified its regulations to require state of the art sediment control measures, I estimate Lake Hollymead would still receive 20% of the Hollymead Town Center construction sediment. That 20% would contain the smallest soil particles which stay suspended for the longer times. Thus, I believe you would still see significant discoloration even with state of the art control. My discussion about other ponds and reservoirs was only to point out that all bodies of water receive sediment. Next, the lake is not a public facility. It is owned and maintained by the property owners, not the County. That is an important point. If it were a County facility, it would likely be open to public use, such as fishing and hiking around the lake. If this is private property, the County's role is limited to enforcement of regulations and any claim of damage beyond that regulation is a private matter between those property owners rather than a County matter. In conclusion, I believe staff has done everything we can to minimize the problem and find solutions, but where our regulatory authority ends, County staff has to admit this is a private matter between property owners. Staff has asked the developer to voluntarily install sediment control measures beyond what is required, but we cannot require him to do so. Staff asked the HOAs to survey their property prior to construction so impacts could be measured, but we could not require them to do so. We are trying to get the property owners to the table, but we can't force either of you to do so. 1 kid The good news is I anticipate construction will soon be wrapping up on most of this site and the discoloration should significantly clear up after that happens. Original Message From: Garth Anderson [mailto:ga9p @virginia.edu] Sent: Friday, July 29, 2005 1:02 AM To: Mark Graham; kboyd @albemarle.org Cc: Jack Kelsey; Kenny Thacker Subject: Re: Hollymead Town Center Mr. Graham, Go back and ask your staff the number of days in the last 10 years that Lake Hollymead has been "latte" brown! It only began with the clearing of the Hollymead Town Center! If you think the problems began with the mudslide that closed in RT 29, you have been mislead. The reference to the South Rivanna Reservoir has no bearing, it has a huge watershed; Lake Hollymead's watershed is relatively finite. Lake Hollymead is a public facility since it serves more than Hollymead and Forest Lakes! In no way did I imply that the County should correct this environmental impact on our community. We are asking the County and the Commonwealth's DEQ to investigate this and tell us how silt filled water over a 2 -3 year period of Hollymead Center construction could not be the result of inadequate erosion control. State of art measures do not mean anything if downstream property has been damaged. The County did stop development of the property on Rt 29 north of Woodbrook because of "critical slope" issues. Why isn't 80 acres of barren land in Hollymead seen as an environmental danger? Check your facts and get back to me. And I do find you "cold and condescending "! The County is not immune of making mistakes! Garth Anderson Forest Lakes Community Association Director, Maintenance Original Message From: "Mark Graham" <mgraham @albemarle.org> To: "Garth Anderson" <ga9p @virginia.edu> Cc: "Jack Kelsey" <JKELSEY @albemarle.org >; "Kenny Thacker" <KTHACKER @albemarle.org> Sent: Thursday, July 28, 2005 6:40 PM Subject: RE: Hollymead Town Center While I sympathize with the issue of sediment in your lake, this is not a simple issue. Here are points I believe should be considered. 1. Lake Hollymead was constructed as a private lake and intended to be used for stormwater management, including sediment control, as part of the development. In other words, it was constructed with the idea it would capture sediment running to it. It was deliberately used by the developer of Hollymead for sediment control during construction of the Hollymead subdivision. Thus, a good part of the accumulated sediment is from the subdivision itself. 2. Like all lakes and ponds, sediment accumulates regardless of upstream construction activities. For example, if you have followed the water supply issue in the news, you are probably aware that sediment collecting in the South Fork Rivanna Reservoir is part of why additional water storage is required. It appears that a significant part of the reservoir's sediment has nothing to do with land development, but was natural erosion of the stream banks. Ponds fill with sediment even when there is no upstream construction and the land is maintained as hay meadows or pasture, albeit it at a slower rate than in developed areas. A pond effectively captures sediment that would otherwise be carried 2 downstream. In this county, the signs of sediment filling the shallow parts of a pond are commonly noticed once a pond is 20 years old. Thus, it is not surprising to have signs of sediment accumulation in Lake Hollymead. 3. There is no project that has been proven as significantly impacting Hollymead Lake. There have been a number of projects constructed in the lake's watershed. Projects that drained into this lake include the airport, Deerfield, the mobile home park on Dickerson Road, Airport Road, Dickerson Road, the Post Office facility on Airport Road, a church, Hollymead Town Center, and numerous other uses. While all of these projects likely resulted in some sediment reaching your lake, the construction has used erosion and sediment control measures intended to comply with state law and local ordinances. Those measures capture most of the sediment load, but some sediment would be carried downstream to your lake even with state of the art sediment control. With this information, I would find it difficult to prove the sediment in your lake is the result of a failure by any single property. 4. The Gateway pond situation is different. In that case, there was a sediment control failure at Hollymead Town Center that had a direct correlation to sediment in the pond. That was the sediment control failure that also closed lanes on Route 29. As there was little question as to the source of the sediment in the pond, the developer agreed to mitigate the impacts on the Gateway Pond. 5. Lake Hollymead is a private facility rather than a public facility. That is important because the County cannot spend tax dollars to improve private property. There must be a public benefit for the County to spend tax dollars on it. 6. Prior to the start of construction at the Hollymead Town Center project, staff advised the HOAs to survey their facilities and document the existing conditions. In terms of assigning responsibility to the Hollymead Town Center for any sediment, it will be difficult to do so without documentation of the preconstruction condition. I hope this didn't sound cold or condescending. I assure you that is not my intent. That said, I do believe it is important to explain the situation in a way that does not mislead you. Staff is happy to discuss options and ideas with the lake's owners, but I believe the answers lie with the owners rather than the County. Original Message From: Garth Anderson [mailto:ga9p @virginia.edu] Sent: Thursday, July 28, 2005 2:32 PM To: 'Mark Graham' Subject: FW: Hollymead Town Center Mr. Graham, I understand that Jack Kelsey has been on leave and is due back in the near future to face many weeks of e -mail. I'd like to ask you to draw attention to this e -mail that I sent Mr Kelsey at the beginning of July. Forest Lakes needs some assistance with Lake Hollymead and I would prefer not to have to wait much longer. Garth Anderson Forest Lakes Community Association Director, Maintenance Original Message From: Garth Anderson [mailto:ga9p @virginia.edu] 3 ftwol "tad Sent: Friday, July 01, 2005 12:52 PM To: 'jkelsey @albemarle.org' Subject: FW: Hollymead Town Center Mr. Kelsey, The Forest Lakes Community Association has a Common Area Preservation Committee chaired by Jim Grace. I am forwarding an e -mail from him and the attached e -mails he has received from DEQ. The committee wishes to hire a geologist to document the silt build -up in Lake Hollymead that has occurred during the past couple of years due to the construction of the Hollymead Town Center. I believe that those who need to be convinced (the County and /or State) of the environmental damage to the lake can conduct and would conduct such a survey. We haven't found the right person in the County to begin this process or to notify DEQ of what must be a violation of environmental quality standards. I am sure that we, FLCA, want to have this process go through the proper channels, but we continue to be glossed over. I think we are through talking to inspectors, we need a senior administrator to act on our behalf as owners of environmentally impacted property. I might add that the damage is not only to the lake but downstream of the lake where silt deposits have built up. It is obvious that the amount of silt that has come across Rt29 is in excess of what the lake could retain. Thank you for your attention to this concern. Garth Anderson Maintenance Director Forest Lakes Community Association 982 -5367 - days Original Message From: Sjgracel @aol.com [mailto:Sjgracel @ aol.com] Sent: Thursday, June 30, 2005 12:40 PM To: jbkronebusch @hotmail.com Cc: dwr9645 @adelphia.net; ga9p @virginia.edu; Sjgracel @aol.com Subject: Fwd: Hollymead Town Center As I indicated in my previous Email, I contact the DEQ in January and they referred me back to the County of Albemarle. Once again I sent them an Email this week requesting assistance and received the same basic reply, as you can see from this forwarded message. If the Board of Directors is serious about seeking some remedy to the silt and sediment that we believe came from the construction area, they must be willing to put some money into the equation. There are no guarantees that this will result in help from 4 klwie the developers or county, but without some effort it is clear that the residents of Forest Lakes will bear the full cost of restoring the lake (s) . jim S. James Grace Email: sjgracel @aol.com Phone 434 974 -6673 Cell: 434 981 -6652 No virus found in this incoming message. Checked by AVG Anti - Virus. Version: 7.0.338 / Virus Database: 267.9.6/59 - Release Date: 7/27/2005 No virus found in this outgoing message. Checked by AVG Anti - Virus. Version: 7.0.338 / Virus Database: 267.9.6/59 - Release Date: 7/27/2005 5 kid ki11110 would capture sediment running to it. It was deliberately used by the developer of Hollymead for sediment control during construction of the Hollymead subdivision. Thus, a good part of the accumulated sediment is from the subdivision itself. 2. Like all lakes and ponds, sediment accumulates regardless of upstream construction activities. For example, if you have followed the water supply issue in the news, you are probably aware that sediment collecting in the South Fork Rivanna Reservoir is part of why additional water storage is required. It appears that a significant part of the reservoir's sediment has nothing to do with land development, but was natural erosion of the stream banks. Ponds fill with sediment even when there is no upstream construction and the land is maintained as hay meadows or pasture, albeit it at a slower rate than in developed areas. A pond effectively captures sediment that would otherwise be carried downstream. In this county, the signs of sediment filling the shallow parts of a pond are commonly noticed once a pond is 20 years old. Thus, it is not surprising to have signs of sediment accumulation in Lake Hollymead. 3. There is no project that has been proven as significantly impacting Hollymead Lake. There have been a number of projects constructed in the lake's watershed. Projects that drained into this lake include the airport, Deerfield, the mobile home park on Dickerson Road, Airport Road, Dickerson Road, the Post Office facility on Airport Road, a church, Hollymead Town Center, and numerous other uses. While all of these projects likely resulted in some sediment reaching your lake, the construction has used erosion and sediment control measures intended to comply with state law and local ordinances. Those measures capture most of the sediment load, but some sediment would be carried downstream to your lake even with state of the art sediment control. With this information, I would find it difficult to prove the sediment in your lake is the result of a failure by any single property. 4. The Gateway pond situation is different. In that case, there was a sediment control failure at Hollymead Town Center that had a direct correlation to sediment in the pond. That was the sediment control failure that also closed lanes on Route 29. As there was little question as to the source of the sediment in the pond, the developer agreed to mitigate the impacts on the Gateway Pond. 5. Lake Hollymead is a private facility rather than a public facility. That is important because the County cannot spend tax dollars to improve private property. There must be a public benefit for the County to spend tax dollars on it. 6. Prior to the start of construction at the Hollymead Town Center project, staff advised the HOAs to survey their facilities and document the existing conditions. In terms of assigning responsibility to the Hollymead Town Center for any sediment, it will be difficult to do so without documentation of the preconstruction condition. I hope this didn't sound cold or condescending. I assure you that is not my intent. That said, I do believe it is important to explain the situation in a way that does not mislead you. Staff is happy to discuss options and ideas with the lake's owners, but I believe the answers lie with the owners rather than the County. Original Message From: Garth Anderson [mailto:ga9p @virginia.edu] Sent: Thursday, July 28, 2005 2:32 PM To: 'Mark Graham' Subject: FW: Hollymead Town Center Mr. Graham, I understand that Jack Kelsey has been on leave and is due back in the 6 near future to face many weeks of e -mail. I'd like to ask you to draw attention to this e -mail that I sent Mr Kelsey at the beginning of July. Forest Lakes needs some assistance with Lake Hollymead and I would prefer not to have to wait much longer. Garth Anderson Forest Lakes Community Association Director, Maintenance Original Message From: Garth Anderson [mailto:ga9p @virginia.edu] Sent: Friday, July 01, 2005 12:52 PM To: 'jkelsey @albemarle.org' Subject: FW: Hollymead Town Center Mr. Kelsey, The Forest Lakes Community Association has a Common Area Preservation Committee chaired by Jim Grace. I am forwarding an e -mail from him and the attached e -mails he has received from DEQ. The committee wishes to hire a geologist to document the silt build -up in Lake Hollymead that has occurred during the past couple of years due to the construction of the Hollymead Town Center. I believe that those who need to be convinced (the County and /or State) of the environmental damage to the lake can conduct and would conduct such a survey. We haven't found the right person in the County to begin this process or to notify DEQ of what must be a violation of environmental quality standards. I am sure that we, FLCA, want to have this process go through the proper channels, but we continue to be glossed over. I think we are through talking to inspectors, we need a senior administrator to act on our behalf as owners of environmentally impacted property. I might add that the damage is not only to the lake but downstream of the lake where silt deposits have built up. It is obvious that the amount of silt that has come across Rt29 is in excess of what the lake could retain. Thank you for your attention to this concern. Garth Anderson Maintenance Director Forest Lakes Community Association 982 -5367 - days Original Message From: Sjgracel @aol.com [mailto:Sjgracel @aol.com] Sent: Thursday, June 30, 2005 12:40 PM To: jbkronebusch @hotmail.com 7 Nilo/ `r/ Cc: dwr9645 @adelphia.net; ga9p @virginia.edu; Sjgracel @aol.com Subject: Fwd: Hollymead Town Center As I indicated in my previous Email, I contact the DEQ in January and they referred me back to the County of Albemarle. Once again I sent them an Email this week requesting assistance and received the same basic reply, as you can see from this forwarded message. If the Board of Directors is serious about seeking some remedy to the silt and sediment that we believe came from the construction area, they must be willing to put some money into the equation. There are no guarantees that this will result in help from the developers or county, but without some effort it is clear that the residents of Forest Lakes will bear the full cost of restoring the lake (s) . jim S. James Grace Email: sjgracel @aol.com Phone 434 974 -6673 Cell: 434 981 -6652 No virus found in this incoming message. Checked by AVG Anti - Virus. Version: 7.0.338 / Virus Database: 267.9.8/61 - Release Date: 8/1/2005 No virus found in this outgoing message. Checked by AVG Anti - Virus. Version: 7.0.338 / Virus Database: 267.9.8/61 - Release Date: 8/1/2005 8 Page 1 of 2 Ray LiIIy From: Garth Anderson [ga9p @virginia.edu] Sent: Saturday, October 15, 2005 9:05 AM To: Scott M. Strayer, MD, MPH; John Oliver; Sjgrace1 @aol.com; Lyn B. Holt ; Ray Lilly; Kenny Thacker; John MacDonald; Bob Laughlin; Ken Boyd; Mark Graham Subject: Re: Damage to Forest Lakes lakes due to development I sent an e-mail to Mark Graham and Ken Boyd about our lakes last Sunday evening (and copied Ray Lilly who is the erosion inspector for the area west of Rt 29). Mr. Graham responded on Monday to say that Mr. Lilly had been on site on Saturday and would be back to continue his inspections. No further word. My dissatisfaction with the County is that it has been repeated over time and on various problems around community (such as the dam on Powell Creek). This isn't that complicated and I don't know why they can't get it right. If they aren't empowered to enforce this pollution, call the state, if they aren't - call in the federal government. Perhaps our meeting needs to have representation from all three levels of government. Mr. Boyd is not running for re- election, but a number of supervisor slots are. We should submit some pictures and ask for comment. I would be especially interested in the incumbents thoughts since they know how the County government works. Garth PS: I'll forward my earlier e -mail to you . I removed Mr. Hirsch from the mailing, he has been gone for many months. Original Message From: Scott M. Strayer, MD, MPH To: John Oliver ; Sjgracel @aol.com ; Lyn B. Holt ; Garth Anderson ; Ray Lilly ; KTHACKERcalbemarle.org ; DHIRSCH @albemarle.org ; John MacDonald ; Bob Laughlin ; kboyd @albemarle.org Sent: Saturday, October 15, 2005 8:27 AM Subject: Re: Damage to Forest Lakes lakes due to development My sense is that the time may have come for some legal action. We have been beating our heads against the wall, and the county is obviously not going to help us with this. I suggest that this be moved to the top of our agenda as a neighborhood. The cost and resulting damage is not going to be sustainable if we don't act now, and this is going to have a very detrimental effect on property values and the aesthetic value of our neighborhood. I think it is absolutely inexcusable that this development is occurring without adhering to the main tenets of growth (e.g. to not negatively impact the natural beauty and surrounding environment). Has anyone met with Ken Boyd yet to express this? He has expressed interest in meeting our Board and getting involved, but do date I have not heard of anyone taking him up on this. Has anyone consulted a lawyer regarding possible ways to pursue this? How about one of the non - profits such as the Southern Environmental Law group or similar entity? Scott Original Message From: John Oliver To: Sjgrace1@aol.com ; sstrayer @adelphia.net ; Lyn B. Holt ; Garth Anderson ; Ray Lilly ; KTHACKER @albemarle.org ; DHIRSCH @albemarle.org ; John MacDonald ; Bob Laughlin ; kboyd @albemarle.org Sent: Friday, October 14, 2005 5:20 PM Subject: Damage to Forest Lakes lakes due to development If anyone has any doubt about the damage being caused to Forest Lakes lakes due to surrounding 10/18/2005 Page 2 of 2 development (Hollymead Town Center, etc.), they should take a look at the newly formed and significantly sized sand bars at the entrance to Arbor Lake. I just noticed them today. They're hard to miss, they're sticking out well above normal water level. I'm sure Hollymead Lake has similar if not worse sedimentation if the color of the lake after these rains was any indication. I can't believe how the developer has been allowed to keep so much land in Hollymead Town Center exposed for so long without working it and without stabilizing it. No doubt this is contributing to the sedimentation problems. We keep being told that the developer is adhering to all County and State regulations. I find that very hard to believe. Anyone else notice how the weir (sp ?) at the entrance to their sedimentation pond was washed out after these rains? If someone has the State point of contact for these types of issues, please feel free to forward this on. John 0 4 10/18/2005 Page 1 of 1 Ray LiIIy From: Scott M. Strayer, MD, MPH [sstrayer @adelphia.net] Sent: Saturday, October 15, 2005 8:28 AM To: John Oliver; Sjgracel @aol.com; Lyn B. Holt ; Garth Anderson; Ray Lilly; Kenny Thacker; DHIRSCH @albemarle.org; John MacDonald; Bob Laughlin; Ken Boyd Subject: Re: Damage to Forest Lakes lakes due to development My sense is that the time may have come for some legal action. We have been beating our heads against the wall, and the county is obviously not going to help us with this. I suggest that this be moved to the top of our agenda as a neighborhood. The cost and resulting damage is not going to be sustainable if we don't act now, and this is going to have a very detrimental effect on property values and the aesthetic value of our neighborhood. I think it is absolutely inexcusable that this development is occurring without adhering to the main tenets of growth (e.g. to not negatively impact the natural beauty and surrounding environment). Has anyone met with Ken Boyd yet to express this? He has expressed interest in meeting our Board and getting involved, but do date I have not heard of anyone taking him up on this. Has anyone consulted a lawyer regarding possible ways to pursue this? How about one of the non - profits such as the Southern Environmental Law group or similar entity? Scott Original Message From: John Oliver To: Sigrace1@aol.com ; sstrayer @adelphia, net ; Lyn B. Holt ; Garth Anderson ; Ray Lilly ; KTHACKER @albemarle.org ; DHIRSCH @albemarle.org ; John MacDonald ; Bob Laughlin ; kboyd @albemarle.org Sent: Friday, October 14, 2005 5:20 PM Subject: Damage to Forest Lakes lakes due to development If anyone has any doubt about the damage being caused to Forest Lakes lakes due to surrounding development (Hollymead Town Center, etc.), they should take a look at the newly formed and significantly sized sand bars at the entrance to Arbor Lake. I just noticed them today. They're hard to miss, they're sticking out well above normal water level. I'm sure Hollymead Lake has similar if not worse sedimentation if the color of the lake after these rains was any indication. I can't believe how the developer has been allowed to keep so much land in Hollymead Town Center exposed for so long without working it and without stabilizing it. No doubt this is contributing to the sedimentation problems. We keep being told that the developer is adhering to all County and State regulations. I find that very hard to believe. Anyone else notice how the weir (sp ?) at the entrance to their sedimentation pond was washed out after these rains? If someone has the State point of contact for these types of issues, please feel free to forward this on. John 10/18/2005 Page 1 of 2 Vele `MI Ray LiIIy From: John Oliver [john.oliver @adelphia.net] Sent: Friday, October 14, 2005 11:44 PM To: bobnjoycel Cc: Ray LiIIy; Sjgracel @aol.com; John MacDonald; Joben Kronebusch; daviddurieux @adelphia.net; Charlie Smith; afreshwater @adelphia.net; Scott Morton; Scott M. Strayer, MD, MPH; David Ripley Subject: Re: Damage to Forest Lakes lakes due to development Yes, the sedimentation pond was full after the rains....right up to the openings in the stand pipe....meaning water /sediment was flowing freely thru the standpipe to....Arbor Lake ?? Both lake watersheds (Arbor and Hollymead) were extremely fouled after the rains....so it appears that runoff is indeed going to both. bobnjoycel wrote: John, After reading your e-mail of this afternoon I visited the area between CVS and Target. The condition of that weir is really something. The low level of water in the sedimentation pond between CVS and Target together with the new sand bar in Arbor Lake suggests that a lot of water found its way from the sedimentation pond to Arbor Lake in a hurry. That suggests that the pipe configuration under Route 29 is not what we have been told it is. Jim Grace had already come to suspect as much. It is now six days after the big rain of last week. Did anyone notice the level of water in the sedimentation pond between CVS and Target in the days immediately following the rain? Bob Original Message From: John Oliver 4 To: Sjgrace1@aol.com ; sstrayer @adelphia.net ; Lyn B. Holt ; Garth Anderson ; Ray Lilly ; KTHACKER @albemarle.org ; DHIRSCH @albemarle.org ; John MacDonald ; Bob Laughlin ; kboyd @albemarle.org Sent: Friday, October 14, 2005 5:20 PM Subject: Damage to Forest Lakes lakes due to development If anyone has any doubt about the damage being caused to Forest Lakes lakes due to surrounding development (Hollymead Town Center, etc.), they should take a look at the newly formed and significantly sized sand bars at the entrance to Arbor Lake. I just noticed them today. They're hard to miss, they're sticking out well above normal water level. I'm sure Hollymead Lake has similar if not worse sedimentation if the color of the lake after these rains was any indication. I can't believe how the developer has been allowed to keep so much land in Hollymead 4 Town Center exposed for so long without working it and without stabilizing it. No doubt this is contributing to the sedimentation problems. We keep being told that the developer is adhering to all County and State regulations. I find that very hard to believe. Anyone 10/18/2005 Page 2 of 2 else notice how the weir (sp ?) at the entrance to their sedimentation pond was washed out after these rains? If someone has the State point of contact for these types of issues, please feel free to forward this on. John 10/18/2005 4 4 V Page 1 of 1 Ray LiIIy From: bobnjoycel [bobnjoycel @cstone.net] Sent: Friday, October 14, 2005 11:23 PM To: John Oliver Cc: Ray LiIIy; Sjgracel @aol.com; John Oliver; John MacDonald; Joben Kronebusch; daviddurieux @adelphia.net; Charlie Smith; afreshwater @adelphia.net; Scott Morton; Scott M. Strayer, MD, MPH; David Ripley Subject: Re: Damage to Forest Lakes lakes due to development John, After reading your e-mail of this afternoon I visited the area between CVS and Target. The condition of that weir is really something. The low level of water in the sedimentation pond between CVS and Target together with the new sand bar in Arbor Lake suggests that a lot of water found its way from the sedimentation pond to Arbor Lake in a hurry. That suggests that the pipe configuration under Route 29 is not what we have been told it is. Jim Grace had already come to suspect as much. It is now six days after the big rain of last week. Did anyone notice the level of water in the sedimentation pond between CVS and Target in the days immediately following the rain? Bob Original Message From: John Oliver To: Sjgrace1@aol.com ; sstrayer @adelphia.net ; Lyn B. Holt ; Garth Anderson ; Ray Lilly ; KTHACKER @albemarle.org ; DHIRSCH @albemarle.org ; John MacDonald ; Bob Laughlin ; kboyd @albemarle.org Sent: Friday, October 14, 2005 5:20 PM Subject: Damage to Forest Lakes lakes due to development If anyone has any doubt about the damage being caused to Forest Lakes lakes due to surrounding development (Hollymead Town Center, etc.), they should take a look at the newly formed and significantly sized sand bars at the entrance to Arbor Lake. I just noticed them today. They're hard to miss, they're sticking out well above normal water level. I'm sure Hollymead Lake has similar if not worse sedimentation if the color of the lake after these rains was any indication. I can't believe how the developer has been allowed to keep so much land in Hollymead Town Center exposed for so long without working it and without stabilizing it. No doubt this is contributing to the sedimentation problems. We keep being told that the developer is adhering to all County and State regulations. I find that very hard to believe. Anyone else notice how the weir (sp ?) at the entrance to their sedimentation pond was washed out after these rains? If someone has the State point of contact for these types of issues, please feel free to forward this on. John 10/18/2005 Page 1 of 3 Ray LiIIy From: Garth Anderson [ga9p @virginia.edu] Sent: Monday, October 17, 2005 8:09 PM To: Mark Graham; Scott M. Strayer, MD, MPH; John Oliver; Sjgracel @aol.com; Lyn B. Holt ; Ray Lilly; Kenny Thacker; John MacDonald; Bob Laughlin; Ken Boyd Subject: Re: Damage to Forest Lakes lakes due to development Mark, Thanks for setting this meeting up, please let us know date and time even if we can only be "flies on the wall ". I can tell you a few questions right away - while 40% of sediment can leave the site, how can you demonstrate that 60% was held back? With a site that was 100% clear cut and 50 -70% re- contoured, are there no max volumes of sediment set? Is 50,000 cu yds of sediment sent down stream ok? Is 200,000 cu yds okay if it is 40% of the total? If Lake Hollymead completely filled up and you demonstrated that only 40% of the sediment did the deed, is that ok? "40 %" is not an answer. Also, we need an explanation for Arbor Lake. Thanks, Garth 0 Original Message From: Mark Graham To: Garth Anderson ; Scott M. Strayer, MD, MPH ; John Oliver ; Sjaracel@aol.com ; Lyn B. Holt ; Ray LiIIy ; Kenny Thacker ; John MacDonald ; Bob Laughlin ; Ken Boyd Sent: Monday, October 17, 2005 6:01 PM Subject: RE: Damage to Forest Lakes lakes due to development I am trying to set up a meeting with the property owners right now and will try to include the Virginia Department of Conservation and Recreation (DCR) field person for this area in the meeting. DCR oversees all erosion and sediment control programs administered by local governments in Virginia. Albemarle County's program must be consistent with Virginia regulations administered by DCR and has repeatedly been found consistent with those state regulations. I would invite federal staff, but the federal government doesn't have an erosion and sediment control program in Virginia and relies upon the state to regulate erosion and sediment control. We have shown DCR this site on several occasions and followed their advice on each occasion. We will try to get them to inspect this site again before the meeting and share their findings with you. As I've said in the past, the site can be in full compliance with County ordinance and State law, but still have up to 40% of the sediment leaving the site. We are trying to get the developer to finish grading as quickly as possible, but until the site is stabilized, some sediment will continue to wash into your lake. From: Garth Anderson [mailto:ga9p @virginia.edu] Sent: Saturday, October 15, 2005 9:05 AM To: Scott M. Strayer, MD, MPH; John Oliver; Sjgracel @aol.com; Lyn B. Holt ; Ray LiIIy; Kenny Thacker; John MacDonald; Bob Laughlin; Ken Boyd; Mark Graham 10/18/2005 Page 2 of 3 Subject: Re: Damage to Forest Lakes lakes due to development I sent an e-mail to Mark Graham and Ken Boyd about our lakes last Sunday evening (and copied Ray Lilly who is the erosion inspector for the area west of Rt 29). Mr. Graham responded on Monday to say that Mr. Lilly had been on site on Saturday and would be back to continue his inspections. No further word. My dissatisfaction with the County is that it has been repeated over time and on various problems around community (such as the dam on Powell Creek). This isn't that complicated and I don't know why they can't get it right. If they aren't empowered to enforce this pollution, call the state, if they aren't - call in the federal government. Perhaps our meeting needs to have representation from all three levels of government. Mr. Boyd is not running for re- election, but a number of supervisor slots are. We should submit some pictures and ask for comment. I would be especially interested in the incumbents thoughts since they know how the County government works. Garth PS: I'll forward my earlier e -mail to you . I removed Mr. Hirsch from the mailing, he has been gone for many months. Original Message From: Scott M. Strayer, MD, MPH To: John Oliver ; Sjgrace1@aol.com ; Lyn B. Holt ; Garth Anderson ; Ray Lilly ; KTHACKER albemarle.orq ; DHIRSCH @albemarle.org ; John MacDonald ; Bob Laughlin ; kboydalbemarle.org Sent: Saturday, October 15, 2005 8:27 AM Subject: Re: Damage to Forest Lakes lakes due to development My sense is that the time may have come for some legal action. We have been beating our heads against the wall, and the county is obviously not going to help us with this. I suggest that this be moved to the top of our agenda as a neighborhood. The cost and resulting damage is not going to be sustainable if we don't act now, and this is going to have a very detrimental effect on property values and the aesthetic value of our neighborhood. I think it is absolutely inexcusable that this development is occurring without adhering to the main tenets of growth (e.g. to not negatively impact the natural beauty and surrounding environment). Has anyone met with Ken Boyd yet to express this? He has expressed interest in meeting our Board and getting involved, but do date I have not heard of anyone taking him up on this. Has anyone consulted a lawyer regarding possible ways to pursue this? How about one of the non - profits such as the Southern Environmental Law group or similar entity? Scott Original Message From: John Oliver To: Sjgrace1 @aol.com ; sstrayer@adelphianet ; Lyn B. Holt ; Garth Anderson ; Ray Lilly ; KTHACKER @albemarle.org ; DHIRSCH @albemarle.org ; John MacDonald ; Bob Laughlin ; kboyd @albemarle.oj9 Sent: Friday, October 14, 2005 5:20 PM Subject: Damage to Forest Lakes lakes due to development If anyone has any doubt about the damage being caused to Forest Lakes lakes due to surrounding development (Hollymead Town Center, etc.), they should take a look at the newly formed and significantly sized sand bars at the entrance to Arbor Lake. I just noticed them today. They're hard to miss, they're sticking out well above normal water level. I'm sure Hollymead Lake has similar if not worse sedimentation if the color of the lake after these rains was any indication. • I can't believe how the developer has been allowed to keep so much land in Hollymead Town Center exposed for so long without working it and without stabilizing it. No doubt this is contributing to the sedimentation problems. We keep being told that the developer is adhering to all County and State regulations. I find that very hard to believe. Anyone else notice how the weir 10/18/2005 '1 Page 3 of 3 loose 1 ■10 Sent: Saturday, October 15, 2005 8:27 AM Subject: Re: Damage to Forest Lakes lakes due to development My sense is that the time may have come for some legal action. We have been beating our heads against the wall, and the county is obviously not going to help us with this. I suggest that this be moved to the top of our agenda as a neighborhood. The cost and resulting damage is not going to be sustainable if we don't act now, and this is going to have a very detrimental effect on property values and the aesthetic value of our neighborhood. I think it is absolutely inexcusable that this development is occurring without adhering to the main tenets of growth (e.g. to not negatively impact the natural beauty and surrounding environment). Has anyone met with Ken Boyd yet to express this? He has expressed interest in meeting our Board and getting involved, but do date I have not heard of anyone taking him up on this. Has anyone consulted a lawyer regarding possible ways to pursue this? How about one of the non - profits such as the Southern Environmental Law group or similar entity? Scott Original Message From: John Oliver To: Sjgrace1@aol.com ; sstrayer @adelphia.net ; Lyn B. Holt ; Garth Anderson ; Ray Lilly ; KTHACKER @albemarle.org ; DHIRSCH @albemarle.org ; John MacDonald ; Bob Laughlin ; kboyd @albemarle.org Sent: Friday, October 14, 2005 5:20 PM Subject: Damage to Forest Lakes lakes due to development If anyone has any doubt about the damage being caused to Forest Lakes lakes due to surrounding development (Hollymead Town Center, etc.), they should take a look at the newly formed and significantly sized sand bars at the entrance to Arbor Lake. I just noticed them today. They're hard to miss, they're sticking out well above normal water level. I'm sure Hollymead Lake has similar if not worse sedimentation if the color of the lake after these rains was any indication. I can't believe how the developer has been allowed to keep so much land in Hollymead Town Center exposed for so long without working it and without stabilizing it. No doubt this is contributing to the sedimentation problems. We keep being told that the developer is adhering to all County and State regulations. I find that very hard to believe. Anyone else notice how the weir (sp ?) at the entrance to their sedimentation pond was washed out after these rains? If someone has the State point of contact for these types of issues, please feel free to forward this on. John 10/18/2005 Page 1 of 1 Ray Lilly From: John Oliver [john.oliver @adelphia.net] Sent: Friday, October 14, 2005 5:20 PM To: Sjgracel @aol.com; sstrayer @adelphia.net; Lyn B. Holt ; Garth Anderson; Ray Lilly; Kenny Thacker; DHIRSCH @albemarle.org; John MacDonald; Bob Laughlin; Ken Boyd Subject: Damage to Forest Lakes lakes due to development If anyone has any doubt about the damage being caused to Forest Lakes lakes due to surrounding development (Hollymead Town Center, etc.), they should take a look at the newly formed and significantly sized sand bars at the entrance to Arbor Lake. I just noticed them today. They're hard to miss, they're sticking out well above normal water level. I'm sure Hollymead Lake has similar if not worse sedimentation if the color of the lake after these rains was any indication. I can't believe how the developer has been allowed to keep so much land in Hollymead Town Center exposed for so long without working it and without stabilizing it. No doubt this is contributing to the sedimentation problems. We keep being told that the developer is adhering to all County and State regulations. I find that very hard to believe. Anyone else notice how the weir (sp ?) at the entrance to their sedimentation pond was washed out after these rains? If someone has the State point of contact for these types of issues, please feel free to forward this on. John 10/18/2005 Ray Lilly From: Kenny Thacker Sent: Tuesday, August 02, 2005 9:12 AM To: Ray LiIIy Subject: FW: Hollymead Town Center Original Message From: Ken Boyd Sent: Tuesday, August 02, 2005 8:33 AM To: 'Garth Anderson'; Mark Graham; Ken Boyd Cc: Jack Kelsey; Kenny Thacker Subject: RE: Hollymead Town Center Garth, I have been monitoring your email discussion with great interest. Certainly Mark Graham is the right person to be answering your questions about the technical issues, and history. I think that I had offered this before, but maybe it is time for a face -to -face meeting either with your committee, or with the entire community, whichever you feel appropriate. This would allow us to get everything on the table at one time rather than the sort of point /counterpoint restraints of an email discussion. I would be glad to help coordinate and facilitate such a meeting. Ken Ken Boyd Rivanna District Representative Albemarle County Board of Supervisors Original Message From: Garth Anderson [mailto:ga9p @virginia.edu] Sent: Monday, August 01, 2005 9:45 PM To: Mark Graham; Ken Boyd Cc: Jack Kelsey; Kenny Thacker Subject: Re: Hollymead Town Center Mark, I think my only comment is that Gateway Pond flows into Lake Hollymead and I sincerely doubt that the pond absorbed all of the impact of the violation. Why wasn't the lake included? There are sediment deposits downstream of Lake Hollymead, even that body could not absorb all of the sediment of the HTC development. I still feel a void between what the County does and what is reality. And this is not my first time of seeing a lapse in County oversight and judgment. Two separate erosion control problems adjacent to my last house in Forest Lakes were mis- managed by the County and now are problems left to the Homeowners Association. I don't think that the County looked to the long run. Now that newly plated developments must meet stricter standards for stormwater improvements and they are adopted into "public use" speaks volumes to me about work being done under the old rules. Mr.Boyd - I'd like to hear your thoughts on this discourse. Garth Original Message From: "Mark Graham" <mgraham @albemarle.org> To: "Garth Anderson" <ga9p @virginia.edu >; "Mark Graham" <mgraham @albemarle.org >; "Ken Boyd" <kboyd @albemarle.org> Cc: "Jack Kelsey" <JKELSEY @albemarle.org >; "Kenny Thacker" 1 <KTHACKER @albemarle.org> Sent: Monday, August 01, 2005 6:40 PM Subject: RE: Hollymead Town Center Garth, I have no trouble in stating that sediment from the Hollymead Town Center has reached Lake Hollymead. Additionally, I can even offer my opinion that a considerable amount of sediment has come from Hollymead Town Center. What I can't say is how much of it has come from Hollymead Town Center versus some other properties or when it was deposited. I also can't say the sediment has reached the lake as a result of a Hollymead Town Center permit violation. I don't know if a geologist will be able to show how much of the material came from Hollymead Town Center versus other properties. Gateway Pond was a different situation, not because of penance, but because of the negotiation strength a permit violation gave us. The sediment control failure that dumped sediment onto Route 29 and largely filled the Gateway Pond was a permit violation. As a result, the County had considerable more leverage in asking for downstream mitigation. The County didn't really arbitrate a solution as much as we got the two parties to work out a solution between them. Also, it should be noted the developer responsible for the Gateway Pond is not the same developer responsible for the area draining to Lake Hollymead. Different parts of Hollymead Town Center are owned and developed by different developers. With regard to Mill Creek Pond, it should be noted that the HOA also provided the County with $50,000 to use for rehabilitating this pond as part of turning it over to the County. While the County typically expects stormwater management facilities brought up to standard before being accepted by the County, the Mill Creek facility was a special case. In this case, the County was interested in making modifications to the pond as well as the rehabilitation the HOA was responsible for performing. As such, it was agreed that it would be better to allow the County do the rehabilitation at the same time as those modifications and the HOA would simply pay the County the cost of the rehabilitation. That said, in other locations (e.g. Raintree subdivision) where the County accepted the facilities, the property owners were first required to bring the facility up to standards. Finally, as the County has already taken over responsibility for the Hollymead dam, some might say the property owners are getting the best of both worlds. The County has the liability and expense of maintaining the dam, while the property owners keep the lake for their private enjoyment. To go to the next step and have the County own the lake, the Hollymead and Forest Lakes HOAs would need to consider that this exclusivity could end with a public facility. As with other County lakes, the County could allow hiking, fishing and similar public enjoyment. Original Message From: Garth Anderson [mailto:ga9p @virginia.edu] Sent: Monday, August 01, 2005 11:05 AM To: 'Mark Graham'; 'Ken Boyd' Cc: 'Jack Kelsey'; 'Kenny Thacker' Subject: RE: Hollymead Town Center Mark, Thank you for the expanded explanation, I don't think I had heard "officially" that the source of silt has been the Hollymead Town Center. A Forest Lakes committee will be spending $1000 to hire a geologist to "prove" that fact - I am not sure what they have heard officially. 2 � v While Lake Hollymead may not be a public lake, it is a "public" storm water pond - it serves more that the Hollymead and Forest Lakes watershed. While 30 % -40% of the silt may escape construction site controls, if the volume of silt is 100,000 cu yds, you end up with significant siltation. I believe that the County negotiated the rehabilitation of Gateway Pond - was it just penance for the mudslide that closed RT29? Why can't the continuous assault of Lake Hollymead be negotiated? Our alternative is to sign off on an agreement for the County to take over the storm water retention facility (aka Lake Hollymead) and let the taxpayers take over the problem like your Mill Creek Pond Retrofit Project. The County is having biofiltration /retention ponds installed (they are not very successful) and require significant annual maintenance to the owners (FLCA has one to maintain). This is being done to protect the downstream creeks and rivers and the Chesapeake Bay from micropollutants. Meanwhile, Lake Hollymead, which was operating successfully as a storm water facility (SWF) for Hollymead and Forest Lakes, is assaulted and practically nullified as a SWF and there is no relief. If you are not empowered to better protect the environment, then get the legislation passed to adequately protect the County and the environment. Garth Original Message From: Mark Graham [mailto:mgraham @albemarle.org] Sent: Friday, July 29, 2005 5:39 PM To: Garth Anderson; Mark Graham; Ken Boyd Cc: Jack Kelsey; Kenny Thacker Subject: RE: Hollymead Town Center I'm sorry if my response was not satisfactory. I assure you staff has followed this issue from the initial plan review to the current situation and is also frustrated. That said, I believe my facts are correct, though maybe I'd do better to communicate face to face. Additionally, if the Hollymead and Forest Lakes HOAs want a public information meeting where we could explain this situation, I would be happy to work with them. I would also try to also get staff from the Virginia Department of Environmental Quality and Virginia Department of Conservation and Recreation to attend. That said, I'm going to try again to explain the situation. Nobody is arguing the lake has been discolored. Staff has investigated this 3 1rr/ S throughout construction and suspected it would happen before construction started. I have already publicly stated that I am sure sediment from the Hollymead Town Center construction is reaching Lake Hollymead. Staff was so concerned with this during the start of construction that we asked the Virginia Department of Conservation and Recreation (DCR) to audit our enforcement of the regulations. DCR reviewed our enforcement and determined we were properly enforcing the regulations. That said, compliance with the regulations doesn't mean all sediment is kept on the construction site. Strange as it may sound, it would not be unusual for the lake to be discolored while the upstream construction sites are in compliance with County and State erosion and sediment control requirements. If properly functioning under the regulations, those sediment control measures will capture 60 -70% of the sediment, meaning 30 -40% of the sediment is washing downstream. Thus, I am relatively certain you are seeing discoloration as a result of construction at the Hollymead Town Center. Even if the County intensified its regulations to require state of the art sediment control measures, I estimate Lake Hollymead would still receive 20% of the Hollymead Town Center construction sediment. That 20% would contain the smallest soil particles which stay suspended for the longer times. Thus, I believe you would still see significant discoloration even with state of the art control. My discussion about other ponds and reservoirs was only to point out that all bodies of water receive sediment. Next, the lake is not a public facility. It is owned and maintained by the property owners, not the County. That is an important point. If it were a County facility, it would likely be open to public use, such as fishing and hiking around the lake. If this is private property, the County's role is limited to enforcement of regulations and any claim of damage beyond that regulation is a private matter between those property owners rather than a County matter. In conclusion, I believe staff has done everything we can to minimize the problem and find solutions, but where our regulatory authority ends, County staff has to admit this is a private matter between property owners. Staff has asked the developer to voluntarily install sediment control measures beyond what is required, but we cannot require him to do so. Staff asked the HOAs to survey their property prior to construction so impacts could be measured, but we could not require them to do so. We are trying to get the property owners to the table, but we can't force either of you to do so. The good news is I anticipate construction will soon be wrapping up on 4 most of this site and the discoloration should significantly clear up after that happens. Original Message From: Garth Anderson [mailto:ga9p @virginia.edu] Sent: Friday, July 29, 2005 1:02 AM To: Mark Graham; kboyd @albemarle.org Cc: Jack Kelsey; Kenny Thacker Subject: Re: Hollymead Town Center Mr. Graham, Go back and ask your staff the number of days in the last 10 years that Lake Hollymead has been "latte" brown! It only began with the clearing of the Hollymead Town Center! If you think the problems began with the mudslide that closed in RT 29, you have been mislead. The reference to the South Rivanna Reservoir has no bearing, it has a huge watershed; Lake Hollymead's watershed is relatively finite. Lake Hollymead is a public facility since it serves more than Hollymead and Forest Lakes! In no way did I imply that the County should correct this environmental impact on our community. We are asking the County and the Commonwealth's DEQ to investigate this and tell us how silt filled water over a 2 -3 year period of Hollymead Center construction could not be the result of inadequate erosion control. State of art measures do not mean anything if downstream property has been damaged. The County did stop development of the property on Rt 29 north of Woodbrook because of "critical slope" issues. Why isn't 80 acres of barren land in Hollymead seen as an environmental danger? Check your facts and get back to me. And I do find you "cold and condescending "! The County is not immune of making mistakes! Garth Anderson Forest Lakes Community Association Director, Maintenance Original Message From: "Mark Graham" <mgraham @albemarle.org> To: "Garth Anderson" <ga9p @virginia.edu> Cc: "Jack Kelsey" <JKELSEY @albemarle.org >; "Kenny Thacker" <KTHACKER @albemarle.org> Sent: Thursday, July 28, 2005 6:40 PM Subject: RE: Hollymead Town Center While I sympathize with the issue of sediment in your lake, this is not a simple issue. Here are points I believe should be considered. 1. Lake Hollymead was constructed as a private lake and intended to be used for stormwater management, including sediment control, as part of the development. In other words, it was constructed with the idea it 5 Page 1 of 2 Nrd Ray LiIIy From: Garth Anderson [ga9p @virginia.edu] Sent: Thursday, September 22, 2005 2:06 PM To: Ray Lilly Subject: RE: Storm water ponds Mr. LiIIy, Thank you for finding it, my fax number is 982 -4628. Garth From: Ray Lilly [mailto:rlilly @albemarle.org] Sent: Thursday, September 22, 2005 1:44 PM To: Garth Anderson Subject: RE: Storm water ponds Hello again Garth, I have a map showing the lakes and the amount of square footage for each lake. To convert to acres you can divide by 43560. I can fax it to you (I need the number) or leave it at the front desk. I hope you find it helpful. Ray Lilly Senior Engineering Inspector From: Garth Anderson [mailto:ga9p @virginia.edu] Sent: Thursday, September 22, 2005 8:29 AM To: Ray Lilly Subject: RE: Storm water ponds The acreage of the ponds themselves, Thanks, Garth From: Ray Lilly [mailto:rlilly @albemarle.org] Sent: Thursday, September 22, 2005 8:14 AM To: Garth Anderson Subject: RE: Storm water ponds Hi Mr. Anderson, Do you looking for the drainage area ( total number of acres draining to the ponds) or the acerage of the pond itself? Ray Lilly 9/22/2005 Page 2 of 2 From: Garth Anderson [mailto:ga9p @virginia.edu] Sent: Tuesday, September 20, 2005 3:52 PM To: Ray Lilly Subject: Storm water ponds Hello Mr. Lilly, I was wondering if you have acreage numbers for the four storm water ponds at Forest Lakes plus Lake Hollymead. Thank you, Garth Anderson Forest Lakes Community Association 9/22/2005 Page 1 of 1 Ray LiIIy From: Garth Anderson [ga9p @virginia.edu] Sent: Saturday, October 15, 2005 9:08 AM To: John Oliver; Sjgracel @aol.com; Lyn B. Holt ; Ray LiIIy; Kenny Thacker; John MacDonald; bobnjoycel©cstone.net; Ken Boyd; Mark Graham Subject: Fw: Storm water ponds at Forest Lakes Original Message From: Garth Anderson To: Ken Boyd ; Mark Graham Cc: rlilly @albemarle.org Sent: Monday, October 10, 2005 12:37 AM Subject: Storm water ponds at Forest Lakes Mr. Graham, Please have Mr. LiIIy check on Lake Hollymead and the four other lakes in Forest Lakes. I think the 21st century description would be "latte ". I have been told that the four smaller lakes are not receiving runoff from Hollymead Town Center (HTC), but I think they were affected quicker during TS Tammy than Lake Hollymead. Is it coming from Airport Road? I noticed that the weir before the pond across from CVS had a washout. Shouldn't this be a stabile impoundment area by now? I thought the fix for the last problem area (where PetSmart is now) was complete and everything was fine. As someone noted to me, why isn't there grass on the dirt mounds in HTC, why is the area south of Harris Teeter barren? Again, the management of our area's watershed and erosion control seems to be lacking. Mr. Boyd - how can any further development go on in the 29N corridor when the County cannot protect our environment and send tons of dirt into the Chesapeake Bay? I am tired of hearing about "meeting design criteria" or "unexpected 3" rainfalls ". By right development does not allow one to pollute neighboring areas with tons of runoff, these storm water ponds were not put into place so HTC could fill them over a five year period. This is happening on your watch, please get imaginative on how government can be a more effective steward of our local environment. Thank you, Garth Anderson Forest Lakes 10/18/2005 Page 2 of 2 Sent: Saturday, October 15, 2005 8:27 AM Subject: Re: Damage to Forest Lakes lakes due to development My sense is that the time may have come for some legal action. We have been beating our heads against the wall, and the county is obviously not going to help us with this. I suggest that this be moved to the top of our agenda as a neighborhood. The cost and resulting damage is not going to be sustainable if we don't act now, and this is going to have a very detrimental effect on property values and the aesthetic value of our neighborhood. I think it is absolutely inexcusable that this development is occurring without adhering to the main tenets of growth (e.g. to not negatively impact the natural beauty and surrounding environment). Has anyone met with Ken Boyd yet to express this? He has expressed interest in meeting our Board and getting involved, but do date I have not heard of anyone taking him up on this. Has anyone consulted a lawyer regarding possible ways to pursue this? How about one of the non - profits such as the Southern Environmental Law group or similar entity? Scott Original Message From: John Oliver To: Sjgracel@aol.com ; sstrayer @adelphia.net ; Lyn B. Holt ; Garth Anderson ; Ray Lilly ; KTHACKER @albemarle.org ; DHIRSCH @albemarle.org ; John MacDonald ; Bob Laughlin ; kboyd @albemarle.org Sent: Friday, October 14, 2005 5:20 PM Subject: Damage to Forest Lakes lakes due to development If anyone has any doubt about the damage being caused to Forest Lakes lakes due to surrounding development (Hollymead Town Center, etc.), they should take a look at the newly formed and significantly sized sand bars at the entrance to Arbor Lake. I just noticed them today. They're hard to miss, they're sticking out well above normal water level. I'm sure Hollymead Lake has similar if not worse sedimentation if the color of the lake after these rains was any indication. I can't believe how the developer has been allowed to keep so much land in Hollymead Town Center exposed for so long without working it and without stabilizing it. No doubt this is contributing to the sedimentation problems. We keep being told that the developer is adhering to all County and State regulations. I find that very hard to believe. Anyone else notice how the weir (sp ?) at the entrance to their sedimentation pond was washed out after these rains? If someone has the State point of contact for these types of issues, please feel free to forward this on. John 10/18/2005 Page 1 of 3 Ray Lilly From: John Oliver [john.oliver @adelphia.net] Sent: Monday, October 17, 2005 9:17 PM To: Garth Anderson; Mark Graham; Ken Boyd Cc: Scott M. Strayer, MD, MPH; Sjgracel @aol.com; Lyn B. Holt; Ray Lilly; Kenny Thacker; John MacDonald; Bob Laughlin Subject: Re: Damage to Forest Lakes lakes due to development Ditto Garth's message. "Until the site is stabilized "? I thought land had to be stabilized (seeded) if it wasn't worked for 30 days. How could they have been in compliance when only a couple weeks ago they threw down some straw in the area north of Target and around the sediment pond? An area that had not been worked and had been completely exposed for MONTHS. How can a completely washed out weir at the mouth of their sediment pond be in compliance? We're told that runoff is supposed to be entirely diverted to Hollymead Lake at this time. However, almost 100% of the mouth of Arbor lake is filled with sediment, 1 00% of which came from outside Forest Lakes. According to an earlier message, it's a mystery to Ray Lilly. As Garth asks, where did this come from? I'm getting tired of hearing how the County wants to preserve the rural areas....but in the process seems perfectly content with destroying everything we have in the growth areas. What if these lakes were in the precious rural areas next to some million dollar homes and hobby horse farms? I dare say the standards and resulting action might be different. I'm not trying to be sarcastic, nor confrontational. But as you can probably tell, this has become more than frustrating for those of us who continue to see our natural resources being destroyed and hear that nothing can be done. John Garth Anderson wrote: Mark, Thanks for setting this meeting up, please let us know date and time even if we can only be "flies on the wall ". I can tell you a few questions right away - while 40% of sediment can leave the site, how can you demonstrate that 60% was held back? With a site that was 100% clear cut and 50 -70% re- contoured, are there no max volumes of sediment set? Is 50,000 cu yds of sediment sent down stream ok? Is 200,000 cu yds okay if it is 40% of the total? If Lake Hollymead completely filled up and you demonstrated that only 40% of the sediment did the deed, is that ok? "40 %" is not an answer. Also, we need an explanation for Arbor Lake. Thanks, Garth 10/18/2005 Page 2 of 3 Original Message From: Mark Graham To: Garth Anderson ; Scott M. Strayer, MD, MPH ; John Oliver ; Sjgrace1@aol.com ; Lyn B. Holt ; Ray Lilly ; Kenny Thacker ; John MacDonald ; Bob Laughlin ; Ken Sent: Monday, October 17, 2005 6:01 PM Subject: RE: Damage to Forest Lakes lakes due to development I am trying to set up a meeting with the property owners right now and will try to include the Virginia Department of Conservation and Recreation (DCR) field person for this area in the meeting. DCR oversees all erosion and sediment control programs administered by local governments in Virginia. Albemarle County's program must be consistent with Virginia regulations administered by DCR and has repeatedly been found consistent with those state regulations. I would invite federal staff, but the federal government doesn't have an erosion and sediment control program in Virginia and relies upon the state to regulate erosion and sediment control. We have shown DCR this site on several occasions and followed their advice on each occasion. We will try to get them to inspect this site again before the meeting and share their findings with you. As I've said in the past, the site can be in full compliance with County ordinance and State law, but still have up to 40% of the sediment leaving the site. We are trying to get the developer to finish grading as quickly as possible, but until the site is stabilized, some sediment will continue to wash into your lake. From: Garth Anderson [mailto' :ga9p0 Sent: Saturday, October 15, 2005 9:05 AM To: Scott M. Strayer, MD, MPH; John Oliver; Sjgracel @aol.com; Lyn B. Holt ; Ray Lilly; Kenny Thacker; John MacDonald; Bob Laughlin; Ken Boyd; Mark Graham Subject: Re: Damage to Forest Lakes lakes due to development I sent an e-mail to Mark Graham and Ken Boyd about our lakes last Sunday evening (and copied Ray Lilly who is the erosion inspector for the area west of Rt 29). Mr. Graham responded on Monday to say that Mr. Lilly had been on site on Saturday and would be back to continue his inspections. No further word. My dissatisfaction with the County is that it has been repeated over time and on various problems around community (such as the dam on Powell Creek). This isn't that complicated and I don't know why they can't get it right. If they aren't empowered to enforce this pollution, call the state, if they aren't - call in the federal government. Perhaps our meeting needs to have representation from all three levels of government. Mr. Boyd is not running for re- election, but a number of supervisor slots are. We should submit some pictures and ask for comment. I would be especially interested in the incumbents thoughts since they know how the County government works. Garth PS: I'll forward my earlier e -mail to you . I removed Mr. Hirsch from the mailing, he has been gone for many months. Original Message From: Scott M. Strayer, MD, MPH To: John Oliver ; Sjgrace1@aol.com ; Lyn B. Holt ; Garth Anderson ; Ray Lilly ; KTHACKER @albemarle.org ; DHIRSCH @albemarle.org ; John MacDonald ; Bob Laughlin ; kboyd @albemarle.org 10/18/2005 Page 3 of 3 (sp ?) at the entrance to their sedimentation pond was washed out after these rains? If someone has the State point of contact for these types of issues, please feel free to forward this on. John 10/18/2005 Telephone (434) 979 -5515 Dygert, Wright & Hobbs, PLC Telefax (434) 295 -7785 E -mail ghdygert@,aol.com Attorneys At Law George H. Dygert 675 Peter Jefferson Parkway Suite 190 Joseph W. Wright, III Charlottesville, Virginia 22911 Kelly A. Hobbs April 11, 2005 VIA FACSIMILE 972 -4126 And REGULAR MAIL Mark Graham Director of Community Development Albemarle County Office Building 401 McIntire Road Room 227 Charlottesville, Virginia 22902 -4592 Re: Hollymead Town Center Dear Mr. Graham: It has come to our attention that Hollymead Town Center, LLC ( "HTC ") has directed Faulconer Construction Company ( "Faulconer") to begin final grading on HTC's property adjacent to its border with the One Ninth Land Trust Property to the west pursuant to the revised grading plan HTC submitted to Albemarle County on or about March 29, 2005. This work began late last week and was being done on Saturday, April 9, 2005, when no Albemarle County representatives were on site, even though Albemarle County has not approved the revised grading plan, Wendell Wood has notified the County and HTC of his objections to the plan, and having Faulconer perform this work is a material breach of the contract between HTC and Wendell Wood and various entities he is affiliated with. This is yet another example of HTC's blatant disregard for the normal County review and approval process. Sincerely, L ► se. W. Wright, III JWW/mm Cc: Wendell Wood William Freyvogel, Esquire Kenny Thacker'' fr.% " 1 APR 1 1005 =um iaLCi!NT Telephone (434) 979 -5515 Dygert, Wright & Hobbs, PLC Telefax (434) 295 -7785 E -mail ghdygert @aol.com Attorneys At Law George H. Dygert 675 Peter Jefferson Parkway Suite 190 Joseph W. Wright, 111 Charlottesville, Virginia 22911 Kelly A. Hobbs April 11, 2005 VIA FACSIMILE 972 -4126 And REGULAR MAIL Mark Graham Director of Community Development Albemarle County Office Building 401 McIntire Road Room 227 Charlottesville, Virginia 22902 -4592 Re: Hollymead Town Center Dear Mr. Graham: It has come to our attention that Hollymead Town Center, LLC ( "HTC ") has directed Faulconer Construction Company ( "Faulconer ") to begin final grading on HTC's property adjacent to its border with the One Ninth Land Trust Property to the west pursuant to the revised grading plan HTC submitted to Albemarle County on or about March 29, 2005. This work began late last week and was being done on Saturday, April 9, 2005, when no Albemarle County representatives were on site, even though Albemarle County has not approved the revised grading plan, Wendell Wood has notified the County and HTC of his objections to the plan, and having Faulconer perform this work is a material breach of the contract between HTC and Wendell Wood and various entities he is affiliated with. This is yet another example of HTC's blatant disregard for the normal County review and approval process. Sincerely, se , W. Wright, III JWW /mm Cc: Wendell Wood William Freyvogel, Esquire '.'„ Kenny Thacker JIM APR 12 MS Telephone (434) 979 -5515 Dygert, Wright & Hobbs, PLC Telefax (434) 295 -7785 E -mail ghdygert@aol.com Attorneys At Law George H. Dygert 675 Peter Jefferson Parkway Suite 190 Joseph W. Wright, 111 Charlottesville, Virginia 22911 Kelly A. Hobbs March 31, 2005 VIA FACSIMILE 972 -4126 - . 1 And REGULAR MAIL 0""�`y :: .4 � Mark Graham Director of Community Development Albemarle County Office Building GW1;4UNITY DEVIELOPMENT 401 McIntire Road Room 227 Charlottesville, Virginia 22902 -4592 Re: Hollymead Town Center Dear Mr. Graham: Hollymead Town Center, LLC delivered two copies of its Revised Grading and Wall Plan, Revision N, dated March 28, 2005 ( "Revised Plan"), to Wendell Wood on Tuesday, March 29 at approximately 1:00 p.m. On behalf of himself and One Ninth Land Trust, 64 -616 Land Trust, GLF Land Trust and River Heights Associates, L.P., Mr. Wood has now had a very limited opportunity to review it and I write to advise you and your department of his objections to the revised plan. As you will no doubt recall, in a March 10, 2005 meeting in your office, representatives of Hollymead Town Center, LLC knowingly misrepresented that a grading plan Hollymead Town Center, LLC had authorized Tim Miller to prepare and submit to Albemarle County (Plan # 2478) was Mr. Wood's plan. Mr. Wood did not even recognize that specific plan but knew he had not submitted it to the County and so stated. Tim Miller subsequently confirmed that it was Hollymead Town Center, LLC's submission and that information was supposed to have been communicated back to you. Subsequently, in a March 14, 2005 letter, Kenny Thacker confirmed that Plan 2470 -A, dated August 20, 2003 and approved on August 27, 2003 is the approved erosion control plan for the properties to the west of the Hollymead Town Center LLC parcel in which Mr. Wood has beneficial ownership. In a second meeting in your office the next day, you advised Mr. Wood that the County was requiring him to achieve the grades shown on that plan at the property line, and further advised Hollymead Town Center, LLC that it had to submit a revised grading plan and/or site plan showing how it would achieve those same grades at the property line with One Ninth Land Trust. March 31, 2005 Page 2 Although Hollymead Town Center's revised plan complies with that requirement in most areas, it does not even attempt to meet the grades shown on Plan 2470 -A at the property line in the areas where Main Street and Towncenter Drive cross the property line. For example, the grade of Main Street at the property line is 562', rather than the 573' or 574' shown on the approved plan. This came about because Hollymead Town Center, LLC designed those roads through its property with a 2% slope from Route 29 to the property line and obtained Virginia Department of Transportation approval for the roads without submitting a grading plan to Mr. Wood for his approval as required by Paragraph 5.01 of the Real Estate Option Agreement these parties executed. We believe that Hollymead Town Center, LLC also represented to VDOT that it had an agreement with Mr. Wood concerning grades and elevations. In fact, Mr. Wood never attended a meeting with VDOT concerning Towncenter Drive or its design or grade. Hollymead Town Center, LLC left Mr. Wood out of the process and proceeded with its own plan for these roads, ignoring the intent of the site plan approval process for the entire Hollymead Town Center project, ignoring the feasibility of extending roads onto other phases of the development as the Hollymead Town Center Master Plan contemplated, and creating a negative impact on the development of neighboring properties. United Land Corporation has now taken 47 feet of dirt off of One Ninth Land Trust's property adjacent to the property line and moved Ridge Road 130 feet west to address necessary slope and grading issues. Even after lowering the grade by forty -seven feet, the difference in elevation between the property line and Ridge Road is twenty -four feet. If Hollymead Town Center is allowed to keep these roads at their current grades, Mr. Wood will have to extend these roads west onto his property at a slope of 10% to deal with the change in grade, which exceeds the maximum slope the County will allow and creates a more difficult development scenario on the One Ninth Land Trust Property. We believe that the negative impact the elevation of these roads creates on property to the west of the Hollymead Town Center, LLC parcel may require Hollymead Town Center, LLC to submit a major site plan amendment rather than the revised grading plan it has submitted. Additionally, we have not seen any wall details. As you stated in the March 15 meeting, you need to see notarized written permission from Mr. Wood if the revised plan Hollymead Town Center, LLC contemplated submitting intruded in any way at all on Mr. Wood's property. We need to see that detail. Mr. Wood has complied with the County's directions concerning the grade of his property along the property line, and requests the County to require the same of Hollymead Town Center, LLC. Mr. Wood will be happy to meet with you and representatives of Hollymead Town Center, LLC to discuss his objections in greater detail. March 31, 2005 Page 3 With best regards, Sincerely, ,_ -, / 6e. r ---- JO sepl W. Wright, III JWW/mm Cc: Wendell Wood William Freyvogel, Esquire Kenny Thacker Page 1 of 1 Ray Lilly From: Kenny Thacker Sent: Thursday, November 20, 2003 12:44 PM To: Ray Lilly Subject: FW: Hollymead TC stormwater, and Village Homes 2 plat Original Message From: Glenn Brooks Sent: Thursday, November 20, 2003 11:50 AM To: 'Tim Miller' Cc: Stephanie Mallory; David Hirschman; Kenny Thacker Subject: Hollymead TC stormwater, and Village Homes 2 plat Hey Tim, I just called and apparently you were busy. The Village Homes fax looks fine. Please make the changes to the road plans and site plan amendment. I also got your message about setting up a meeting regarding Hollymead Town Center and stormwater again. I really need to get the proposal and package to review before we have another meeting. I'm supposed to summarize the proposal for the Forest Lakes HOA, and I find I don't have much of anything in writing yet. This would be my 4th or 5th meeting on the topic, counting the meeting with David and Kenny, and the HOA meeting. It's time we starting following the submittal and review procedures, out of fairness to other applicants, and in the interest of adequate documentation. I'll be glad to meet when I have had time to go over your submittal with the folks here. Thanks for your patience with this. I'm sorry you folks are so crunched for time. You wouldn't believe how many applicants are having that very same problem. Glenn Brooks Senior Engineer Albemarle County 12/4/03 Ray Lilly From: John Beirne [john @rivannaengineering.com] Sent: Thursday, October 07, 2004 9:01 AM To: rlilly @albemarle.org Cc: Tim Miller; John Fitzpatrick Subject: HTC - SWM #3 Ray, It has been brought to my attention that you have concerns about the adequacy of SWM #3 while it is being used as a sediment basin. The 426 contour line that was removed from the forebay was never intended to be there in the first place. The pond and sediment basin were designed to have a bottom elevation of 478. The 476 contour located in the bio- filter area is shown for reference purposes to show that the bottom of the bio - filter is at 476. The 476 contour line that was shown in the forebay area was an erroneous line and should not have been on the plans. We were tweaking the design on the wier coming out of the forebay and realized that the 476 contour line had been shown in the forebay incorrdctly and deleted it from the plans. Please geive me a call if you have any addtional questions or concerns. Thank you, John Beirne Rivanna Engineering & Surveying, PLC (434) 984 -1599 1 Ray LiIIy From: Kenny Thacker Sent: Friday, October 31, 2003 10:10 AM To: Mark Graham; David Hirschman; Jack Kelsey; Ray LiIIy Subject: Hollymead Town Center I have asked John McCutcheon with DCR to make a site vist with Ray and myself on Novenber 6 at 10:00 on the above noted site. You are welcome to attend also. As you know we are receiving daily complaints about the condition of Gateway, Hollymead, and Forest Lake ponds, I feel we are in complaince with state law however, that is why I have asked the state for any inspection and written report. I want to know when we tell the public this Department and the contractor is in compliance with state law, that we are accurate and truthful. 1 Kenny Thacker From: Esther Grace Sent: Friday, July 23, 2004 11:22 AM To: Kenny Thacker Subject: RE: Hollymead Town Center Thanks for taking charge of this - you are the best!! Original Message From: Kenny Thacker Sent: Friday, July 23, 2004 10:51 AM To: Sherry Short; Esther Grace; 'cabell.vest @richmond.edu' Cc: Glenn Brooks; Mark Graham Subject: RE: Hollymead Town Center Hi Mr. Vest My name is Kenny Thacker and I oversee the erosion control division. I am sorry that I was not in the office when you stopped by last week. I will be your contact person for any plans or information that you may need. This project has more than just one approved E &S plan because of the 4 different owners of the site and the way the site is broken into areas. Please give me a phone call at (434) 296 -5861, ext. 3390 so that I can get you all the correct plans, information, photographs, and history of the project that you need. Kenny Thacker Erosion Control Officer Original Message From: Sherry Short Sent: Thursday, July 22, 2004 4:50 PM To: Esther Grace Cc: Glenn Brooks; Kenny Thacker Subject: FW: Hollymead Town Center Esther, Since I am out of the office tomorrow, would you make contact with Glenn Brooks and /or Kenny Thacker to obtain "approved" plan. After determining how many plan sheets, you should be able to call T &N for an approx. cost to have printed. Then call Cabell Vest to see if they want you to proceed with copying. Thanks. Sherry Original Message From: Vest, Cabell [mailto:cabell.vest @richmond.edu] Sent: Thursday, July 22, 2004 2:43 PM To: sshort @albemarle.org Subject: Hollymead Town Center Hi Ms. Short - I got your name from Max Greene as the appropriate contact for requests to view and copy approved plans. I had visited the County last week hoping to obtain a copy of the E & S control plans for Hollymead Town Center. Are you familiar with these plans? If so, could you tell me how much it would cost to obtain a set? Thanks in advance for your assistance. Cabell Vest 1 Ray Lilly From: johnp1@mindspring.com Sent: Thursday, September 09, 2004 9:41 PM To: rlilly @albemarle.org Cc: WUB726 @AOL.com; JWORTH623 @aol.com; kend @adelphia.net; GMS6M @virginia.edu Subject: Walk- Around Review of RVC Landscape "situation " /9 -9 -04 Ray - Thanks for coming out today to oversee the status of things. Have marked my calender for10 /15 @10:AM as tentative date for next go- around. Have listed a line -out for the most bothersome concerns (Column 1); and another for areas that require keeping an eye on (Column 2) should they not show improvement. (1) - Upper Drainage Pond RL to get letter from Licensed Engr that states that pond is properly constructed to defined specs (Cty /State) and will review matter of responsibility for removal of dead (drowned) trees as possible cause for future blockage of exit ports with possible development of static condition of water that eventually could lead to insect infestation and attendant new concerns. - Condition of Roadside ditches A111 to be grassed up and properly contoured ditchline calculations to be reviewed. - Water ponding of Roadside ditches Requires re- pitching of ditch area in front of Coleman's (Lot3367) to relieve plateaued section that impedes surface water flow. - Debris i n Rear Drainage stream Tree cuttings still need to be removed from stream bed behind Colman's and Holden's lots, nos. 367 &366. - Utility boxes (on Sykes Lot 363) Require resetting to allow servicing entry for vehicles to get to Lower Drainage Pond. - Bare surface areas behind 362A and 362B Needs soil stabilization with grass cover. - Roadside Ditch Erosive Rutting Particularly noticeable in front of Lot #399 (Miller) should be re- contoured. (2) - Circular endings of both Townbrookcrossings to be watched as to status of ongoing improvements. - Keep eye on grate condition of concrete drain in front of Sykes as regards grout 4 condition of upper section. Have a nice weekend! John 27.3? p I ti44 " b n 4 1 4 kird ‘110 Page 1 of 1 Ray Lilly From: Mark Graham Sent: Wednesday, January 26, 2005 2:27 PM To: Ray Lilly; Kenny Thacker Subject: HTC Hunter called me today and said Regency has permission to build the wall and would be submitting the plan revision for this. Can you verify? If so, let me know if you are comfortable in holding on the notice to comply until this revision is reviewed. 1/27/2005 P.O. Box 7603 Rivanna Engineering 434.984.1599 Charlottesville, VA 22906 & Surveying, PLC (F) 434.984.8863 Memorandum To: Glenn Brooks & Keith Lancaster From: Tim Miller CC: Margaret Doherty; Max Greene; John Fitzpatrick Date: December 23, 2003 Re: Hollymead Town Center Area B — Final Site Plan Dear Glenn, We have received your comments for the Hollymead Town Center — Regional Service Area B final site plans dated November 3, 2003 and have addressed them as follows: Engineering A. Final Site Plans 1. A professional seal has been provided as requested. The plans will be signed and dated when final approval has been granted. 2. Drainage area maps and hydraulic calculations have been provided as requested. 3. The grades in the parking area next to Building E do not exceed the maximum allowable 5 %. Spot elevations have been provided in the parking lot in order to clarify the grading in this area. 4. The transition from 4 lanes to 2 lanes on Towncenter Road will be included with the Access Road "C" plans which will be submitted as a separate project. 5. Pavement design computations have been provided for the main parking area travel ways as requested. 6. The travel way behind Anchor D meets the minimum site distance requirements. The travel way is one way and therefore does not require a width of 20'. Signage has been provided on the site plans for clarification. 7. The intersection of Main Street with the stub that is to intersect Ridge Road in the future has been realigned as requested. 8. The two parking spaces have been removed as suggested. 9. The parking space has been removed as suggested. 10. Done. • Page 1 11. Directional arrows have been provided in the parking areas as requested. 12. Duly noted. B. Final Plat Comments 13. Duly noted. C. Road and Drainage Plan Comments 14. Duly noted. The road plans for Towncenter Road will be submitted as a separate project. Main Street and Dierman Drive road plans will be submitted as part of the current site plan under separate cover. 15. Duly noted. D. Road and Drainage Plan Comments for Rt. 29 Improvements 16. Duly noted. 17. Calculations have been provided to the County for Storm Water Management Facility 1 and are currently under review. E. Stormwater Management Plan Comments 18. A stormwater management plan, application, and fee have been submitted under separate cover. 19. Duly noted. F. Mitigation Plan Comments 20. We are communicating with David Hirschman on this issue. G. Erosion and Sediment Control Plan Comments An erosion and sediment control plan is being submitted with the current set of plans. We are submitting the plans as an amendment to the original erosion & sediment control plan previously approved for the mass grading efforts. N 0 ,' - s Z s Not A A AtmaieLuvr 22. Duly noted. All Alm' awAtRs, i s-pot tis p r Zoning 1. Done. 2. Duly noted. 3. All loading spaces have been labeled on the plans as requested. 4. The site plan has been modified in order to maintain the 16' parking stall lengths. 5. The planting islands have been revised such that a 10' wide parking space is no longer required at these locations. Please refer to sheets L2 & L3 of the landscape plans for further details. • Page 2 6. A description and picture of the outdoor luminaries have been provided as requested. 7. The photometric plan has been revised as requested. 8. Duly noted. 9. The conditions and proffers have been placed on the cover sheet of the final site plans. 10. The grade arms have been maximized and are currently under review by the ARB. We trust that these revisions adequately address your comments. Please let us know if you have any questions or require any additional information. Thank you, Tim Miller • Page 3 1350 Stony Point Road Rivanna Engineering 434.984.1599 Charlottesville, VA 22911 & Surveying, PLC (F) 434.984.8863 Memorandum To: Max Greene From: John Beirne CC: John Fitzpatrick Date: March 12, 2004 Re: Hollymead Towncenter, Service Area B, E &SC Plan Max, Attached with this memo are the revised E &SC plans for Hollymead Towncenter, Service Area B. I have incorporated the revisions that we discussed on Monday March 8 onto the plans. I have done a preliminary design for the sediment trap to be placed in the berm next to Target. I will do the grading for the sediment trap and submit a letter requesting a variance for the 3'/2 acre drainage area when needed. Please let me know if you have any questions. Thanks, , co-it • John Beime � ` gs Q 1 / ° ' 4t \- s • Page 1 1350 Stony Point Road Rivanna Engineering 434.984.1599 Charlottesville, VA 22911 & Surveying, PLC (F) 434.984.8863 Memorandum To: Max Greene From: John Beirne CC: John Fitzpatrick Date: April 1, 2004 Re: Hollymead Towncenter Service Area B, E &SC Plan Max, We have received your comments dated March 24, 2004 and our responses are as follows: 1. The current site conditions are not accurately shown on the plans due to the fact that the site conditions are constantly changing because of the mass grading operations being performed in the area. The total area of disturbance has been noted and accounted for in the calculations for the sediment basin to be constructed at SWM #3. 2. The calculations for proposed sediment basin #3 have been revised to include the area above the proposed diversion dike. 3. The proposed clean water diversion has been changed to a standard diversion dike to prevent runoff from the mass grading efforts from entering the site. The diversion dike will carry the runoff from the disturbed area to proposed sediment basin #3. 4. The plan sheet match line references have been corrected. 5. The match lines have been corrected. 6. The removal of the existing sediment basins is addressed on sheets ES -2 & ES -3. 7. Additional phasing sheets have been added to the plans in order to clarify how the site progression shall proceed. We trust that these revisions adequately address your concerns for this site. An erosion and sediment control narrative has also been provided as requested. Please let me know if you have any questions. Thank o John Beirne • Page 1 Memorandum for Record 10/25/2004 3:16 PM From: Raymond W. Lilly To: Whom It May Concern Ref: Hollymead Towncenter On October 22, 2004 at 10:00 a.m. a meeting was conducted with Ray Lilly, Kenny Thacker, Hunter Wood, and Wayne Ramsey on site. The meeting concluded with the following outcome. 1. Remove SB #2 2. Remove SB #3 3. Remove SB #4 Ra and W. Lilly Engineering Inspector II Memorandum for Record Wednesday, January 19, 2005 From: Raymond W. Lilly Ref: Hollymead Towncenter To Whom It May Concern: On 1/14/05 at approximately 2:00 p.m. EST Structure 9A became blocked due to sedimentation. The sedimentation was then forced into US Rte. 29 closing down the SBL for approximately 8.5 hours. I was notified at approximately 9:30 a.m. and responded immediately arriving at the site at approximately 10:00 a.m. I met with Mr. Steve Phibbs of Faulkner Construction who was completing the cleanup at my arrival. According to Mr. Phibbs, Mr. John Fitzpatrick, of Regency Centers, had retained Faulkner's service to clean up the sedimentation. Pictures were taken of the ponds at Gateway and Hollymead. Gateway pond appeared to take the majority of the sedimentation from the storm. On 1/18/05 at approximately 9:30 a.m. a meeting was conducted with Kenny Thacker and Mark Graham of Albemarle County to discuss the situation. It was decided during this meeting to require the contractor (Regency Centers) to submit in writing a plan of action to ensure this situation does not happen again and what cleanup of Gateway pond will occur. On 1/18/05 at approximately 11:00 a.m. a meeting was conducted with Mr. John Fitzpatrick and me. I notified Mr. Fitzpatrick of the decision referenced in paragraph two. He stated he would comply but needed a couple of days to involve his engineer. He stated he would phone on 1/20/05 to inform me of when he would comply. R and W. Li ly Engineering Inspector II Memorandum for Record Thursday, January 20, 2005 From: Raymond W. Lilly Ref: Hollymead Towncenter To Whom It May Concern: On 1/19/05 at approximately 3:00 p.m. a meeting was conducted between Mr. Kenny Thacker, Mr. Mark Graham and I concerning Hollymead Towncenter. Mr. Graham had met with the County Board of Supervisors in the morning about the site. The board had instructed Mr. Graham who at this time instructed Kenny Thacker and I to "tighten up on the site "; what ever it takes to make the site better. If this means redundancy of structures or much larger structures so be it. We discussed the EC -05 -09 complaint of sediment coming onto the Harris Teeter site. I was instructed to issue a Notice to Comply with a begin date and a completion date to put the slope and the SCC in place in accordance with the approved plan. If work does not begin a SWO is to be issued. f c 2 � v / Raymond W. Lilly Engineering Inspector II Memorandum for Record Thursday, January 20, 2005 From: Raymond W. Lilly Ref: Hollymead Towncenter To Whom It May Concern: On 1/20/05 at approximately 12:00 p.m. a meeting was conducted between Mr. John Fitzpatrick, Mr. Steve Phibbs, and I concerning Hollymead Towncenter. Mr. Fitzpatrick stated he would have the requested information pertaining to the incident on Friday January 14, 2005 to the County by Monday January 24. 2005. I reminded Mr. Fitzpatrick at this time he would need to include necessary repairs resulting from the incident, including Gateway pond and Lake Hollymead. Mr. Fitzpatrick stated he had met on site with his engineer and his response would address these issues. Temporary measures were also discussed for an interim solution until the response is evaluated by an engineer. i ttA Raymond W. Lilly Engineering Inspector II Memorandum for Record Thursday, January 20, 2005 From: Raymond W. Lilly Ref: Hollymead Towncenter To Whom It May Concern: On 1/20/05 at approximately 12:00 p.m. a meeting was conducted between Mr. John Fitzpatrick, Mr. Steve Phibbs, and I concerning Hollymead Towncenter. Mr. Fitzpatrick stated he would have the requested information pertaining to the incident on Friday January 14, 2005 to the County by Monday January 24. 2005. I reminded Mr. Fitzpatrick at this time he would need to include necessary repairs resulting from the incident, including Gateway pond and Lake Hollymead. Mr. Fitzpatrick stated he had met on site with his engineer and his response would address these issues. Temporary measures were also discussed for an interim solution until the response is evaluated by an engineer. Ra and . Lilly E meering Inspector II Memorandum for Record Wednesday, February 02, 2005 From: Raymond W. Lilly Ref: Hollymead Towncenter To Whom It May Concern: On 2/1/05 at approximately 3:30 p.m. EST I met on site with Mr. John Fitzpatrick of Regency Centers. When asked about the clean -up of Gateway and Lake Hollymead he stated he had not looked at Lake Hollymead yet and he had been waiting for Gateway to thaw prior to meeting. He stated he would get back with me by the end of the week. He also had stated at this time he had contacted Mr.Katurah Roell of C.W. Hurt Contractors who stated he would assist with the cleanup operations of the pond. He also stated he had not talked to Mr. Wendall Wood at this time. AA *‹) Ralymond W. Lilly Engineering Inspector II Memorandum for Record 3/9/2004 8:24:31 AM From: Raymond W. Lilly Ref: HTC Area B To Whom It May Concern: On 2 -8 -05, at 9:30 a.m. at Gateway Pond at Forest Lakes a meeting was conducted with Mr. John Fitzpatrick. Mr. Fitzpatrick suggested a couple of different methods of cleaning up the incident from 1 -24- 05. He also stated he has retained the help of Mr. Dave Hirschman and Mr. Tim Miller of Rivanna Engineering. I informed Mr. Fitzpatrick to submit his suggestions to me in writing and copy Mr. Mark Graham and Mr. Kenny Thacker. He stated he would comply by the end of the week. Ra /j/ t94" and W. Lilly Engineering Inspector II Memorandum for Record 9/23/2005 3:19 PM From: Raymond W. Lilly Ref: HTC To Whom It May Concern: On 9 -23 -05 at 3:00 p.m. meeting was conducted concerning HTC Area `B' SWM pond #3. Mark Graham, Kenny Thacker, and I were present for Albemarle County. Mr. John Fitzpatrick was present for Regency Centers. Mr. Fitzpatrick agreed at this time to delay the conversion of SWM pond #3 so items of concern could be resolved, mainly Area A draining to the pond. Ray and W. Lilly Senior Engineering Inspector � illl�l�l OY "Jan S N P 10'3_ i 1 'IRGIN� P e QQ b .. County of Albemarle O. t,‘,41/41sT Department of Community Development • G Memorandum o: Ana Kilmer, Management Analyst Greg Harper, Water Resources Manager From: Ray Lilly Division: Inspections — E &S Control Date: 1 -15 -13 Subject: Conversion to Permanent Stormwater Management Facility The requirements of the stormwater management and water quality component of the water protection performance bond have been satisfactorily completed and this component of the bond may be released at this time. The permanent stormwater management facility(ies) should now be included in the Stormwater Inspection Program. PROJECT NAME: Hollymead Towncenter Area B TMP: 32 -43 SITE PLAN NUMBER: WPO 2004 -00031 FACILITY DESCRIPTION -- - - - - -- ----------------- - - - - -- -------- - - - - -- — ` Type(s) and number of BMPs 1 — wet pond (incl. non - structural) # — [click to select type] Description of Outfall This site has filtera systems which were converted (Ex: 24" RCP from 36" CMP riser) by the manufacturer Water Quality ® Yes (l No Design Storm ®1Oyr El 2yr Any Additional Information See plan HTC Area A -1 for SWM Plan WPO 2008 - (incl. stream buffer mitigation) 00086. This is a multi -user pond. 02- A copy of the site plan and details of the BMP(s) are attached. 560 I V A 4) - c 'e7-46 - -A) OAle 7 ok.) (flc) 7 P( 64) . 14.) Fejt-Lp l: \DEPT \Community Development \For ms \Inspections \SWM Bond Release Form - conversion to permanent swm facility REVISED 3 8 2010.doc , OF ALp,„ IIIIIU �'IRGII�ZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 September 23, 2004 Regency Centers C/o Mr. John D. Fitzpatrick 8618 Westwood Drive Suite 300 Vienna, Virginia 22182 Re: Holly mead Town Center, Area B Removal of Sediment Basin #2 Dear Dr. Fitzpatrick: An inspection was conducted on September 23, 2004 of the drainage area being received by Sediment Basin 2. As we discussed in the field this date the following items must be completed prior to Sediment Basin 2 being removed: 1. Area between Str. 13 and the SBL of US 29 must be graded to drain to Str's 9 -13. 2. Structures utilized in item 1 must have appropriate drop inlet protection as well as a holding area to capture sedimentation. 3. Slope along SBL US 29 must be completed in accordance with the approved site plan and seeded and straw mulched. 4. Water line must be placed prior to item 3 being seeded and straw mulched. 5. Storm water Management Facility #3 must be completed and functional. 6. Str. 9A must be installed as fill is being placed to provide drainage for the area during fill operations. Sincerely, aym d W. Lil y Engin ering Inspector II Copy: Hunter Wood, One Ninth Land Trust Don Cantore, Faulkner Construction Wayne Ramsey, Faulkner Construction E &SC File #2470 -A Nov ‘ftere January 25, 2005 Mr. Ray Lilly Albemarle County 401 McIntire Road Charlottesville, VA 22902 Re: Hollymead Town Center Subject: Erosion and Sediment Control — Rt. 29 Dear Mr. Lilly, In reply to your verbal request at our recent meetings over the last week, please allow this letter to serve as notification as to the steps that we are taking to alleviate and correct the erosion control failure that we had along Rt. 29 on January 14 as a result of the 3 "+ of rain. We will continue to work with you to obtain resolution and correction that will correct these activities. We have taken immediate measures to install two lines of diversion berms that will divert rainfall to onsite structures ( #8 and #11) and ultimately to the permanent Storm Basin #3 at the south end of the project. This has taken the majority of the water coming off the site that was previously going to structure #9a at the time of the incident. A catch basin has been installed at structure #9a. Stabilization geotextile fabric will be installed along the slope of Rt. 29 and should be completed by Wednesday January 26th. This area will be seeded shortly after. It has also been requested that we respond about the silt and colorization that has gone into the Gateway Pond as a result of Hollymead Town Center development. As we have discussed, this issue is a result of the activities of multiple landowners, and we will work with you to correct the damages that we may have caused. I will be meeting with a pond remediation and flocculent removal contractor over the next week and will advise you when that meeting is. We will continue to work with you to correct any problems we may have caused, and install preventive measures to ensure that this incident does not happen again. Please feel free to contact me with any questions, or any other additional recommendations. Thanks Sincerely, Regency Centers ohn Fitzpatrick 301 - 325- 9660mb1 cc: Tim Miller File wr regenCYCOMOIS August 2, 2007 BY FEDERAL EXPRESS Mr. Ray Lilly Mr. Kenny Thacker Mr. Andrew Lowe Albemarle County 401 McIntire Road Charlottesville, VA 22902 Re: Hollymead Gentlemen: By letters dated December 5, 2005, October 16, 2006, December 21, 2006, July 27, 2007 and August 2, 2007, we notified J.P. Williamson, as agent for HM Acquisition Group, LLC ( "HM Acquisition "), that mudslides and water runoff from the One -Ninth Land Trust Property had caused significant damages to the Hollymead Town Center Property ( "HTC Property "). The mudslides and water runoff resulted from the fact that the One -Ninth Land Trust Property had not been properly stabilized. We understand that HM Acquisition installed additional erosion and sediment ( "E &S ") control measures to help mitigate these mudslides last fall. However, the measures installed have not adequately corrected the situation which appears to be a result of incomplete establishment of seeding on the slope and neglect of the erosion and sediment control items previously installed. Most recently, on or about July 24, 2007, mudslides came off the One -Ninth Land Trust Property which resulted in significant damage and clean -up to our property. We have attached four (4) recent photographs depicting these dangerous conditions along the property line. We are concerned that if these site conditions are not promptly and permanently corrected, our shopping center and our tenants may suffer further unnecessary damages. We would appreciate anything that the County can do to ensure that HM Acquisition promptly performs all required construction work and regular maintenance on its site to prevent any further water runoff or mudslides onto the HTC Property. We thank you in advance for your prompt attention to this matter. If you have any questions with regards to the erosion and sediment control clean -up work, please contact John Fitzpatrick at Regency Centers (jfitzpatrickt ercgenevicenters,com) who will be able to provide you with that information. 8618 WESTW00D CENTER DRIVE, SUITE 400 . VIENNA, VA 22182 . 703.442.4300 . 800.791.3919 . FAX: 703.288.4260 . REGENCYCENTERS.COM i..r Mr. J.P. Williamson August 2, 2007 Page 2 We are sending copies of this letter to J.P. Williamson in his capacity as the agent for HM Acquisition, to Wendell Wood in his capacity as the former beneficial owner of One -Ninth Land Trust, and to Blair Fernau on behalf of the current owner of the One -Ninth Land Trust Property. Please feel free to call me with any questions regarding our position on these issues. Sincerely, Tay or Chess TOC /sw Enclosures cc: J.P. Williamson (with enclosures) Wendell W. Wood (with enclosures) Blair Fernau (with enclosures) Jeffrey B. Dierman (with enclosures) John Fitzpatrick (with enclosures) Alan Roth (with enclosures) William T. Freyvogel, Esquire (with enclosures) Steven Blaine, Esquire (with enclosures) Randle P. Shoemaker, Esquire (with enclosures) Luke Puccinelli (with enclosures) regelliCYcenters August 24, 2007 BY MAIL and FAX Mr. Raymond W. Lilly Senior Engineering Inspector County of Albemarle Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22906 Re: WPO 2004 -00007 Hollymead Town Center Area B Dear Mr. Lilly.: Thank you for your active involvement with resolution of the stabilization of the slope on the northeast side of our Hollymead project (behind Harris Teeter up to Area A) as expressed in your August 8, 2007 letters to both Hollymead Town Center, LLC and H.M. Acquisition Group, LLC. Rest assured that we are diligently working to resolve this matter. As you so rightly point out, this slope stabilization problem affects both properties and a coordinated execution of the complete solution is necessary to resolve the problem. To date, we have examined the site with our site Contractor and consulted with our landscaping expert to determine the best approach to successfully attain slope stabilization of the entire area. We are currently awaiting our Contractor's revised estimate for the work which includes our plan as well as delineation of the work area. They expect to have the estimate completed by early next week. We have also spoken with H.M. Acquisition Group, LLC to let them know what actions we have taken, when we expect the estimate for the complete corrective work and to discuss their responsibility in this matter. Once we have the scope and estimate for the corrective work we will forward it to them as well as to you and attempt to coordinate completion of the work with H.M. Acquisition Group, LLC. 8618 WESTW00D CENTER DRIVE, SUITE 400 . VIENNA, VA 22182 . 703.442.4300. 800.191.3919 . FAX: 703.288.4260 . REGENCYCENTERS.COM . irr Mr. Raymond W. Lilly August 24, 2007 regellOrcenters Page 2 Unfortunately, while we do have a good idea of the necessary effort needed to stabilize the slope, we have not yet received the final cost estimate with the written scope and have therefore been unable to coordinate the work with H.M. Acquisition Group, LLC. Consequently we are unfortunately unable to fully comply with your stated desire to have a fully coordinated plan submitted to the County by today. We expect to be able to submit our plan by Friday, August 31, 2007. Thank you in advance for your indulgence. Please feel free to contact me at Regency Centers, 703 - 442 -4301 or ( pheckwith (aregencycenters.com) or with any questions regarding this matter. 7....).,,,c_.g. j______ Sincerely, C \) Paul Beckwith PDB /pb cc: Wendell W. Wood Blair Fernau Jeffrey B. Dierman John Fitzpatrick Alan Roth William T. Freyvogel, Esquire Steven Blaine, Esquire Randle P. Shoemaker, Esquire Luke Puccinelli regenCYCOMPter8 August 29, 2007 BY FEDERAL EXPRESS Blair Fernau Capital Asset Corp. 7315 Wisconsin Ave Ste 205 East Bethesda, MD 20814 Re: Hollymead Dear J.P.: By letter dated August 3, 2007 we notified you, as agent for HM Acquisition Group, LLC, that mudslides and water runoff from the One -Ninth Land Trust Property had again caused significant damages to the Hollymead Town Center Property ( "HTC Property "). In that letter, we also provided a seven day period for you to complete appropriate action to cure the condition. Shortly thereafter, we received a letter from the County of Albemarle, as did you, directing us both to develop a coordinated solution to the slope stabilization problem and simultaneously complete the work on both properties. In response to that letter and our previously stated need to act, we worked with our site contactor, Faulconer Construction Company, Inc., to develop a comprehensive solution for the affected area. As Mr. Taylor Chess and Mr. Blair Fernau discussed and in keeping with the spirit of County guidance, we have enclosed our contractor's scope and estimate for the work necessary to attain proper slope stabilization. Please see the attached email for the estimated cost of irrigation that may be needed. Please review the proposed scope and estimate and call me by Friday, August 31, 2007 to discuss the responsibility and timeline for execution of this required work. We believe the proposed scope and the estimated costs are fair and appropriate for the work that must be performed to stabilize the slope. If you disagree with our 8618 WESTWOOD CENTER DRIVE, SUITE 400 . VIENNA, VA 22182 . 703.442.4300 . 800.791.3919 . FAX: 703.288.4260 . REGENCYCENTERS.COM Mr. B. Fernau 4410 August 29, 2007 r� / Page 2 � planned approach and /or pricing, please provide a written alternate for our consideration as soon as possible. We are sending copies of this letter to Wendell Wood in his capacity as the former beneficial owner of One -Ninth Land Trust, and to Blair Fernau on behalf of the current owner of the One -Ninth Land Trust Property. You can reach me at 703 - 442 -4301 or pbeckwith(a)RegencyCenters.com. Please feel free to call me with any questions regarding our position on these issues. incerely, Paul Beckwith TOC /pb Encl: cc: Wendell W. Wood J.P. Williamson Jeffrey B. Dierman John Fitzpatrick Alan Roth William T. Freyvogel, Esquire Steven Blaine, Esquire Randle P. Shoemaker, Esquire Luke Puccinelli OFA M 0, st �'IRGII� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 August 29, 2007 Mr. Paul Beckwith Regency Centers 8618 Westwood Center Drive, Suite 400 Vienna, Virginia 22182 RE: WPO- 2004 -00007 Hollymead Town Center Area B Permanent Stabilization Dear Mr. Beckwith: The Department is in receipt of your facsimile letter of August 24, 2007, requesting that the Department again wait for a plan of action from Regency Center and H. M. Acquisition Group before stabilizing the slope. Please be advised that our Department is not willing to do this. The slope area has been repaired and seeded multiple times and has failed each time while we wait for grass to grow. In the "Notice to Comply" from Mr. Ray Lilly, dated August 8, 2007, the Department stated that the slope area was to be prepared, sodded and maintained to achieve permanent stabilization. The Department is not willing to accept anything less, and expects that the timeline set in the "Notice to Comply" be met. Therefore, if the required corrections are not completed by September 7, 2007, the Department may call the bonds and complete the work with those funds. Sincerely, enny Thacker Erosion Control Officer KT /sms Copy: Mr. J. P. Williamson, 128 Garrett Street, Suite G, Charlottesville, VA 22902 Mr. Wendell W. Wood, United Land Corporation, P.O. Box 5548, Charlottesville, VA 22905 Mr. Mark Graham, P.E., Albemarle County, Director of Community Development Mr. Glenn Brooks, P.E., Albemarle County, Program Administrator Reading File regelleircenters September 7, 2007 BY MAIL and FAX Mr. Kenny Thacker Erosion Control Officer County of Albemarle Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22906 Re: WPO 2004 -00007 Hollymead Town Center Area B Dear Mr. Thacker.: Thank you for your active involvement in the resolution of the slope stabilization problems on the northeast side of our Hollymead project (behind Harris Teeter up to Area A) as described in your August 8, 2007 letters to both Hollymead Town Center, LLC and H.M. Acquisition Group, LLC and your follow -up letter on August 29, 2007 We wanted to let you know that we have reached an agreement in principle with H.M. Acquisition Group, LLC. regarding the execution of a coordinated work plan to sod the entire sloped area of concern. We hope to negotiate and finalize the specific terms and conditions of this agreement between the parties within the next week. We understand that the entire relevant area of both properties will be properly prepared, sodded and maintained by Aqua Terra Hydroseeding & Erosion Control under a contract with H.M Acquisition Group, LLC. We expect that the work will be started early next week and should be completed within a week or so. We are very hopeful this action will resolve the erosion problem that has plagued us for some time. 8618 WESTWOOD CENTER DRIVE, SUITE 400 . VIENNA, VA 22182 . 703.442.4300 . 800.791.3919 . FAX: 703.288.4260 . REGENCYCENTERS.COM Nisi w Mr. Kenny Thacker September 7, 2007 rege1W ento,s Page 2 Thank you again for your patience and support. Please feel free to contact me by phone at Regency Centers (703- 442 -4301) or by e -mail at paheckww ithcZi`regencycenters.conl with any questions regarding this matter. Sincerely, Paul Beckwith PDB /pb cc: Blair Fernau Jeffrey B. Dierman Taylor Chess William T. Freyvogel, Esquire Steven Blaine, Esquire Randle P. Shoemaker, Esquire Luke Puccinelli Nitsi f.r® February 23, 2005 Mr. Ray Lilly Albemarle County FEB 2 3 2005 401 McIntire Road Charlottesville, VA 22902 -4596 COMMUNITY 1J 1/F,LOP jp Re: Hollymead Town Center Subject: Gateway Pond Dear Ray, As a follow up to our recent meetings and discussions, please allow this letter to serve as documentation of Hollymead Town Center, LLC recent activities and our discussions associated with the Gateway Pond. The morning of Tuesday January 28 2005, while walking the site, you advised me that you had received a phone call from the residents at the Gateway Pond advising you of dis- colorization and possible sediment conditions at the Gateway Pond. The two of us walked the pond and reviewed the pond conditions at that time (SEE BELOW — POND CONDITIONS). It was indicated that the resulting dirt coming onto Rt. 29 from the previous week's 3" concentrated rain storm may have helped contribute to the existing sediment in the basin. In addition, you advised me at that time that the County had previously (prior to construction) been in contact with United Land Corporation (Wendell Wood) and C.W. Hurt (Katurah Roell) with regards to the impacts that their grading and construction at Hollymead Town Center had towards the Gateway Pond. Hollymead Town Center, LLC was not part of these discussions. At this meeting, I advised that Hollymead Town Center, LLC was unaware of any issue associated with the Gateway Pond and that I would further investigate some things and get back to you. We had always taken the approach that all our erosion and sediment measures would be and were handled on site. Over the following weeks, I met on multiple occasions with my site civil engineer (Tim Miller with Rivanna Engineering) and multiple contractors to review the above concerns. Subsequently, we retained the services of a water resources specialist (David Hirschman of Biohabitats) to help further evaluate and advise on the issue. In addition, I have contacted Katurah Roell to discuss the problem as well. From our further discussions, I was informed that the county had met with Mr. Wood and proposed to split the costs of installing flocculent bars which would have helped reduce sediment leaving the site, but Mr. Wood decided against this course of action. On February 8 you and I walked the project again to further discuss my recent findings. 'r✓ New Hollymead Town Center, LLC has investigated a number of ways to rectify the possible concerns here including dredging, flocculent, and pumping. The solution that we proposed (SEE BELOW — PROPOSED REMEDY) and we preliminarily agreed upon would appear to significantly correct the issue. With regards to remedial options for rectifying the recent sediment, we acknowledge that we are partially responsible for the sediment at the Gateway Pond. We are willing to take the lead and make arrangements to address an agreed upon solution satisfactory to all, but do not feel that we are liable for the full costs of correction. I advised you that we took control of our portion of the site from United Land Corporation in October 2004 (at Erosion and Sediment bond permit separation). It is our belief that onsite activities performed by both CW Hurt (pond outfall) and United Land Corporation (grading activities prior to October 2004) have also contributed to the sediment disturbance at the Gateway Pond. We plan to discuss these issues with the homeowners group at Gateway and the other impacting Landowners in the near future. Any assistance that you could provide in dialogs with these parties would be appreciated. You had also mentioned that a possible concern may be raised at Lake Hollymead. It is my belief that any sediment impacts to Lake Hollymead would have affected and been contained in the Gateway Pond and not reached Lake Hollymead. This is evident by the minimal presence of recent silt in the stream channel between the Gateway Pond and Lake Hollymead. The Gateway Pond would have acted like a sediment trap to any materials prior to reaching Lake Hollymead. POND CONDITIONS: Site observations of the pond and stream flowing into it indicated some recent inputs of silt and sediment. The areas immediately downsteam from the Rt. 29 culvert received the greatest concentration of new sediment. The stream channel between this point and the pond also had deposits of silt and sediment along its length. Within the pond itself, recent sediment deposits appeared to be located at the upper 50 -70 horizontal feet of the pond where the stream enters. There were clear indications of new sediment deposits versus older deposits (of which both exist at the pond's upper end). The older deposits had clear vegetative growth of shrubs (e.g., alders) and herbaceous layer, indicating that they have been in place for multiple growth seasons and are normal sediment associated with runoff and normal pond activities. Alternately, the new desposits do not have any vegetative growth. As stated, the new deposits primarily exist at the upper end of the pond. The pond had a brown colorization. Contributing causes of sediment at the Gateway Pond appear to have come from the culverts crossing into the Hollymead Town Center new construction site across Rt. 29, runoff from Gateway drainage area, and runoff and spoils coming from Hollymead cemetery (note that there is a pile of exposed spoil debris from cemetery operations along stream -way entering pond). PROPOSED REMEDY: Hollymead Town Center has installed diversion dikes diverting significant amounts of water from entering the Gateway Pond area. Additional erosion and sediment control measures (including slope stabilization geofabric, sediment traps, extra inlet protection, etc.) have been installed to greatly reduce all new sediment from exiting the Hollymead Town Center site. This material and effort was installed and completed prior to February 8 under your supervision and recommendations. It is proposed to drain the Gateway pond down a few feet to allow the sediment to dry for approximately 2 -3 weeks prior to activities. This would grant better access and allow the material to be easier and cleaner to remove. Removal of the existing sediment in the upper portion of the pond area to a clean bottom would follow, leaving the pond area exposed as well as removing the sediment at the culvert pipes. This operation is anticipated to take about two (2) weeks and will require access to the area adjacent to the Gateway upper pond portion with trucks and other equipment (water pump machine). Silty material would be hauled off site to either the Hollymead Town Center site or to a landfill. Work would take place towards the end of the construction work cycle at the Hollymead Town Center Commercial site across Rt. 29 (Summer 2005) to ensure that silt material does not come back. I would be glad to meet with you, and /or representatives of Gateway to explain the results and to further finalize a resolution to these concerns. Please do not hesitate to contact me with any questions or comments. Sincerely, Hollymead Town Center, LLC /Regency Centers L r G 9 John Fitzpatrick Construction Manager 301 - 325- 9660mb1 703 -442 -4311 direct 703 - 288 -4260 fax cc: Taylor Chess Jeff Dierman Bob Mahoney Tim Miller David Hirschman Katurah Roell File — HMD GOV Memorandum for Record Thursday, January 20, 2005 From: Raymond W. Lilly Ref: Hollymead Towncenter To Whom It May Concern: On 1/20/05 at approximately 12:00 p.m. a meeting was conducted between Mr. John Fitzpatrick, Mr. Steve Phibbs, and I concerning Hollymead Towncenter. Mr. Fitzpatrick stated he would have the requested information pertaining to the incident on Friday January 14, 2005 to the County by Monday January 24. 2005. I reminded Mr. Fitzpatrick at this time he would need to include necessary repairs resulting from the incident, including Gateway pond and Lake Hollymead. Mr. Fitzpatrick stated he had met on site with his engineer and his response would address these issues. Temporary measures were also discussed for an interim solution until the response is evaluated by an engineer. , .. � Ra and W'Lilly Engineering Inspector II `rr r.rY Memorandum for Record March 2, 2005 From: Raymond W. Lilly Ref: HTC 2470 -A To Whom It May Concern: On 3 -2 -05 a meeting was held with Mr. Garth Anderson, President Forest Lakes Homeowners Association and I. The meeting was held at the COB between 8 and 9 a.m. in rm. 214. The mud on the road incident on 1 -24 -05 was explained concerning Structure 9A. It was explained to Mr. Anderson which drainage were going where and that the pipe to Forest Lakes remained closed. Ra and W. Lilly Engineering Inspector II ` RE: HTC - Rt29 & SWM1 Page 1 of 4 Nino Ray Lilly From: Kenny Thacker Sent: Wednesday, April 13, 2005 4:17 PM To: Ray Lilly Subject: FW: HTC - Rt29 & SWM1 Add to file, Thanks From: Greg Cooley Sent: Monday, April 11, 2005 10:57 AM To: Kenny Thacker Subject: FW: HTC - Rt29 & SWM1 Sincerely, Gregory J. Cooley Jr. Roads Engineer Community Development Department Albemarle County, VA gcooley @albemarle.org (434)296 -5832 ext. 3336 From: Glenn Brooks Sent: Friday, April 08, 2005 2:45 PM To: 'John Beirne' Cc: Greg Cooley; Warner Wilkerson; 'Viar, Michael E' Subject: RE: HTC - Rt29 & SWM1 Dear Mr. Beirne, I'm sorry. I did not gather that you wanted a yes or no in answer to your paragraph. However, I cannot answer with a simple yes or no. Alas, I must consult with many other people at the County, whom I anticipate you would later consult with also, before giving such definitive answers. I feel I have responded in a timely manner and with careful consideration to your electronic submission. Please see my opinion below. If you would like a more official, and more definitive, answer from the County, you must submit an official amendment to your site plan, or stormwater management plan, with an application and fee. Have a nice day, Glenn Brooks, P.E. Senior Engineer Albemarle County From: John Beirne [mailto :john ©rivannaengineering.com] Sent: Friday, April 08, 2005 9:44 AM 4/14/2005 " RE: HTC - Rt29 & SWM1 Page 2 of 4 • To: Glenn Brooks Cc: Greg Cooley; Warner Wilkerson; 'Viar, Michael E' Subject: RE: HTC - Rt29 & SWM1 Mr. Brooks, Was this a yes or a no to my question? If you are passing this on to Greg Cooley is he making the decision? The idea here was to get your opinion on the subject and then the necessary calculations would be submitted if necessary. John Beirne Rivanna Engineering & Surveying, PLC 1350 Stony Point Rd. Charlottesville, VA P: (434)- 984 -1599 F: (434)- 984 -8863 Original Message From: Glenn Brooks [mailto:GBROOKS @albemarle.org] Sent: Friday, April 08, 2005 9:23 AM To: 'John Beirne' Cc: Greg Cooley; Warner Wilkerson; 'Viar, Michael E' Subject: RE: HTC - Rt29 & SWM1 Mr. Beirne, It would be better not to complicate the riser structure. The pipe could be discharged into the basin at another point. I have also passed your proposed change on to Greg Cooley, who is handling the as -built and construction inspections for the roads at Hollymead Town Center. Next time, please also provide the amended drainage map, calculation, and a profile showing the grades and pipe crossings. Glenn Brooks, P.E. Senior Engineer Albemarle County From: John Beirne [mailto :john @rivannaengineering.com] Sent: Friday, April 08, 2005 8:34 AM To: Viar, Michael E; Glenn Brooks Subject: RE: HTC - Rt29 & SWM1 I haven't been able to get in touch with the contractor yet but I wouldn't believe that it would be that difficult. I would think that they would just take a drill and drill a series of holes around the perimeter of the pipe location and then either knock out the center or cut it out with a demolition saw. Of course what I think and what they end up doing aren't always the same thing. I'll get back with you on this when I get in touch with one of the guys in the field and find out what their intentions are. Original Message From: Viar, Michael E [mailto:Michael.Viar @VDOT.Virginia.gov] Sent: Thursday, April 07, 2005 5:16 PM To: 'John Beirne'; Glenn Brooks Subject: RE: HTC - Rt29 & SWM1 4/14/2005 RE: HTC - Rt29 & SWM1 Page 3 of 4 Now- , 4400 It would be better for it to use the 18" line during most flow conditions anyway. I always opted for that line to stay open and functional. How hard is it going to be to cut an opening into the riser without damaging it? ✓,l2'ure� L`: Via Hydraulic Engineer Culpeper District L &D (540)829 -7549 Original Message From: John Beirne [mailto :john @rivannaengineering.com] Sent: Thursday, April 07, 2005 05:14 PM To: Viar, Michael E; Glenn Brooks Subject: RE: HTC - Rt29 & SWM1 It would use the 18" outfall during low flow conditions and then it would use the 36" outfall when the pond flow is high enough to flow water to the 36' pipe. The contractor was saying that the utilities were further apart in this area. don't believe they were concerned as much with the digging by hand as they were with being able to get the pipe in the ground and slid into place. They were saying that the utilities were so tightly packed in the area of the electric vault they couldn't drop the pipe in from above and they would half to try to slide it in on the ground creating the potential for not getting the pipes butted together correctly and damaging the pipe in the process. Original Message From: Viar, Michael E [mailto:Michael.Viar @VDOT.Virginia.gov] Sent: Thursday, April 07, 2005 4:53 PM To: 'John Beirne'; Glenn Brooks Subject: RE: HTC - Rt29 & SWM1 I have no problems connecting it to the outlet structure, but which outfall line will it use? The 36 "? line running south or the 18" line going under Rte. 29? Also, aren't you still going to have to hand dig a lot of the trench due to all of the utilities anyway? Michael E. Viar Hydraulic Engineer Culpeper District L &D (540)829 -7549 Original Message From: John Beirne [mailto:john c@i rivannaengineering.com] Sent: Thursday, April 07, 2005 01:56 PM To: Glenn Brooks Cc: Viar, Michael E Subject: HTC - Rt29 & SWM1 4/14/2005 - • RE: HTC - Rt29 & SWM1 Page 4 of 4 Glenn, This e -mail is in regards to ST -35 located on the Rt29 south bound lane at the intersection of Timberwood Blvd and Rt29. CW Hurt is in the process of trying to set this structure and they are running into several issues. The inlet cannot be placed in the approved location due to the fact that Dominion Power has set an electrical vault between the original inlet location and SWM #1 making it impossible to run a pipe back to the pond. The area between the electrical vault and the outlet structure is not a suitable location due to the large amount of utilities in the area that would require that a majority of the trench be hand dug and leaving no feasible way to get the pipe into the trench. If you try to relocate the pipe to the south of the outlet structure the outfall from ST35 will wash away the dirt covering the outfall pipe from the pond since it has minimal cover in this area. In addition the increased flow to ST51 at the sag in Timberwood begins to adversely impact the spreads at this location for the check storm. The contractor wishes to place ST35 directly in front of the outlet structure and tie the pipe from ST35 into the outlet structure. This flows from SWM #1 will not be affected and will remain below the pre - development flows for this area. The flows from Rt29 were not considered for water quality purposes so the BMP calcs will not be affected. I have attached a PDF file showing the proposed location for ST35. Please let us know your decision on this matter. Thanks, John Beirne Rivanna Engineering & Surveying, PLC 1350 Stony Point Rd. Charlottesville, VA P: (434)- 984 -1599 F: (434)- 984 -8863 4/14/2005 COP y Hollymead Town Center, LLC HOLLYMEA.D TOWN CENTER c/o REGENCY CENTERS Charloaesi il]e, Virginia 8618 Westwood Center Drive, Suite 400 Vienna, Virginia 22182 (703)442 -4300, FAX (703)288 -4260 January 11, 2006 VIA FACSIMILE (434) 975 -0267 AND VIA FEDERAL EXPRESS (434) 975 -3334 M. Clifton McClure, Trustee Robert M. Callaghan, Trustee One -Ninth Land Trust ATTN: Wendell W. Wood United Land Corporation of America 2335 Seminole Lane, Suite 200 Charlottesville, Virginia 22901 Re: Storm Sewer Connections Hollymead Town Center Dear Wendell: It has come to our attention that work is being performed by or on behalf One -Ninth Land Trust on our property in the area of Building D and Community Drive. We understand that the work is for the purpose of installing, extending and connecting the storm sewer pipes from the One -Ninth Land Trust property to the storm sewer pipes previously installed by us on our property. This is to advise you that you do not have an easement, license or other right -of -way from us to perform work on our property or to install, construct, extend or connect storm sewer pipes from and serving the One -Ninth Land Trust property to the storm sewer pipes and manholes on our property. Please immediately cease all activities on our property and remove all stone sewer piping installed by you on our property in the vicinity of Building D and Community Drive. Any right of entry onto our property and any right to install, construct, extend or connect storm sewer piping, and the easement granted for such purposes in the Deed of Easement dated January 23, 2004 (Deed Book 2678, page 538), expired when we commenced paving on our property over a year ago. In fact, by letter dated March 4, 2005 (copy enclosed), you were notified that all easements under the Deed of Easement dated January 23, 2004 for which work thereon had not been completed by you at that time had lapsed and were no longer in effect. If the work on our property is not stopped immediately, all connections to our storm sewer pipes in the vicinity of Building D and Community Drive not disconnected and withdrawn and all piping installed by you on our property not removed, we reserve the right at any time to NNW rav disconnect or block the connection of the storm sewer piping from your property to the storm sewer piping on our property, at the manhole or otherwise, and /or to remove your piping from our property and to seek recovery from you of all costs and expenses incurred and all damages suffered as a result of your entry onto our property and the construction and installation by you of stone sewer piping on our property without any legal right to do so. We urge you to give this matter your immediate attention and look forward to One -Ninth Land Trust complying with our request above. Sincerely, Taylor O. Chess cc: , John Fitzpatrick Jeffrey B. Diennan `r"' fli'efyntead Town Center, LLC • HOLLYMEA..O TOWN CENTER c/o D;eR.MAN REALTY GROUP, LLC Charlottesville, Virginia 1320 Old Chain Bridge Road, Suite 430 McLean, Virginia 22101 (703)749 -4500 FAX (703)7494515 March 4, 2005 VIA FACSIMILE (434) 975 -0267 A.ND VIA FEDERAL EXPRESS (434) 975 -3334 M. Clifton McClure, Trustee Robert M. Callaghan, Trustee One -Ninth Land Trust c/o Wendell W. Wood 2335 Seminole Lane, Suite 200 Charlottesville, Virginia 22901 Rc: Hollymcad Town Center Dear Wendell: This letter will serve as notice that all easements and rights- of -way granted and conveyed to One -Ninth Land Trust under paragraphs 2 and 3 of the Decd of Easement dated January 23, 2004 (the "Deed of Easement ") and recorded among the land records of Albemarle County in Deed Book 2678 at page 538 have lapsed to the extent that you have not yet extended water, sanitary sewer and storm sewer lines within the easement areas on our property designated in the - Deed of Easement. Under paragraphs 2 and 3 of the Deed of Easement, all construction work by you, including access to enter upon our property, in connection with the construction, installation, extension and connection of the water, sanitary sewer and storm sewer lines within the applicable easement areas was to be completed prior to the commencement of any paving on our property. As you are aware, paving on our property was commenced some time ago. Therefore, with respect to those utilities within the casement areas designated in the Deed of Easement to which you have not yet chosen to connect, your easement rights, including the right of access, are no longer in effect, and you will need to make alternate plans, without coming onto, or using the pipes and lines installed on, the property of Hollymead Town Center, LLC. Without limitation, this would include the easement granted in the Deed of Easement to connect to the storm water lines on our property in the vicinity ofBuildins D and Main Street (Community Drive), • d Nlow Should you have any questions, please do not hesitate to contact us. Sincerely, 1 • ey B. Dierman • .TBD /qt cc: Taylor Chess John Fitzpatrick E'ci 2b1,q -r -asni ° Ire vie Memorandum for Record 3/9/2004 8:24:31 AM From: Raymond W. Lilly Ref: HTC Area B To Whom It May Concern: On 2 -8 -05, at 9:30 a.m. at Gateway Pond at Forest Lakes a meeting was conducted with Mr. John Fitzpatrick. Mr. Fitzpatrick suggested a couple of different methods of cleaning up the incident from 1 -24- 05. He also stated he has retained the help of Mr. Dave Hirschman and Mr. Tim Miller of Rivanna Engineering. I informed Mr. Fitzpatrick to submit his suggestions to me in writing and copy Mr. Mark Graham and Mr. Kenny Thacker. He stated he would comply by the end of the week. Raykond W. Lilly Engineering Inspector II