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Home My WebLink AboutSE202200068 Staff Report 2023-02-15 (8)Attachment G Bart Svoboda From: Timothy Kindrick <timothy_kindrick@hotmail.com> Sent: Tuesday, December 20, 2022 5:27 PM To: Bart Svoboda Cc: Jodie Filardo Subject: Fw: Project checkout and current conditions CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Could the email below from Kory Kirkland be included with my packet. It shows that I am following his recommendations from 2021 for both intent and application. I also asked him to check the streams which he did and is mentioned in the email. Thank You Tim Kindrick From: Kirkland, Kory - NRCS, Louisa, VA <kory.kirkland@usda.gov> Sent: Tuesday, December 20, 2022 3:26 PM To: Timothy Kindrick <timothy_kindrick@hotmail.com> Subject: Project checkout and current conditions Hello Mr. Kindrick, While we were out at the farm last week (Friday, Dec 16`h) inspecting and measuring the recently completed livestock exclusion fence, as requested I also looked at the area where you are applying the clean fill dirt. Based on my observations, the area where the soil is actively being applied is a site where vulnerability is limited given the well - established surrounding vegetation, the area is hundreds of feet from any surface waters and it is located on a suitable slope. The soil is being applied, smoothed, compacted in increments, and left with a temporary surface roughness to help dissipate the energy of any surface flow during rain events. Thank you for following the recommendations I provided in my previous correspondence (11/5/2021) for the intent of the work and the methods of application. Just a consideration when appropriate and also as mentioned previously, if work should stop for any extended length of time I would recommend mulching and/or seeding the area to provide temporary cover. Given that work is ongoing (weather permitting) I understand why that has not occurred. The area is stable and I did not see any active erosion nor any effects on water quality leaving the site. The new stream exclusion fences look good as well and should have a long, productive lifespan providing water quality and animal health benefits for the livestock that once used the riparian areas. The spring branches, small creeks and other drainages are already showing those benefits. Thank you, Kory Kirkland USDA-NRCS District Conservationist 540-603-3204 Attachment G This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. Attachment G Bart Svoboda From: Kirkland, Kory - NRCS, Louisa, VA <kory.kirkland@usda.gov> Sent: Friday, November 5, 2021 11:35 AM To: Frank Pohl Cc: Bart Svoboda; Kenny Thacker; Timothy Kindrick Subject: RE: [External Email]RE: Area to be impacted Hello Frank, As a follow-up to our phone call and based on the map that Mr. Kindrick has provided below are some comments: I have been working with Tim Kindrick on a multiyear project to conserve, improve, and protect the natural resources on his farm. This project promotes improved pasture condition and use, permanent/perennial vegetation, and some use exclusion on areas that are most vulnerable. Part of the project area includes the area that Mr. Kindrick has proposed to use clean fill dirt as a land treatment to improve existing condition for continued/improved agricultural use. The predominant soil type at this location is Hayesville loam. Hayesville is generally a good productive soil, but it has limitations due to its vulnerability to surface erosion. Historically many of these soils have been limited through intensity of use. This site reflects that soil condition. Based on existing condition (roughness, uneven grades, lack of positive drainage at highest point) I believe what Mr. Kindrick is proposing can bring benefit to the sites existing agricultural use if done properly. Mr. Kindrick and I have discussed filling and compacting (to mimic a natural soil condition), grading/shaping (to mimic the natural landscape and natural landforms), need for inputs (lime/fertilizer/living roots) to improve condition for commonly occurring agricultural commodities, and the need for mulching and seasonal/temporary cover until a permanent/perennial agricultural solution is applied. I hope this helps. Let me know if you have any questions or need additional input. Thankyou Kory Kirkland USDA-NRCS District Conservationist 540-603-3204 From: Frank Pohl <fpohl@albemarle.org> Sent: Friday, November 5, 2021 10:43 AM To: Kirkland, Kory - NRCS, Louisa, VA <kory.kirkland@usda.gov> Cc: Bart Svoboda <bsvoboda@albemarle.org>; Kenny Thacker <kthacker3@albemarle.org>; Timothy Kindrick <timothy_kindrick@hotmail.com> Subject: [External Email]RE: Area to be impacted [External Email] If this message comes from an unexpected sender or references a vague/unexpected topic; Use caution before clicking links or opening attachments. Please send any concerns or suspicious messages to: Sr)am.Abuse(@usda.gov Kory, Attachment G Once we receive your input in writing, we can move forward. Sincerely, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County foohl@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Timothy Kindrick <tmothy kind rick@hotmail.com> Sent: Thursday, November4, 2021 9:21 AM To: Frank Pohl <fpohl@albemarle.org> Cc: Kirkland, Kory - NRCS, Louisa, VA <korv.kirkland@usda.eov>; Bart Svoboda <bsvoboda@albemarle.ore>; Kenny Thacker <kthacker3@albemarle.ore> Subject: Re: Area to be impacted CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Frank, I just wanted to make sure you got the sketch and hopefully it meets your needs. I am hoping you can get with Kory today and we can move forward on this. Thank You Tim Kindrick _- - - _ _-- -_ —.- ----- __... .-._..---------------- From: Frank Pohl <fpohl@albemarle.ore> Sent: Wednesday, November 3, 2021 12:07 PM To: Timothy Kindrick <timothv kindrick@hotmail.com> Cc: Kirkland, Kory- NRCS, Louisa, VA <kory.kirkland@usda.gov>; Bart Svoboda <bsvoboda@albemarle.org>; Kenny Thacker <kthacker3@albemarle.orK> Subject: RE: Area to be impacted Mr. Kindrick, I just spoke with Mr. Kirkland. Please sketch on the attached plan where you plan to augment your soils so that we are all on the same page. Once we have this, Mr. Kirkland stated he could provide a recommendation, which will allow the County to issue a final determination on this matter. Sincerely, Frank Frank V. Pohl, PE, CFM County Engineer Attachment G -Albemarle County ffPohl@aIbemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Timothy Kindrick <tmothy kindrick@hotmail.com> Sent: Wednesday, November 3, 20219:36 AM To: Frank Pohl <fpohl@albemarle.ora>; Kirkland, Kory - NRCS, Louisa, VA <kory.kirkland@usda.aov> Subject: Re: Area to be impacted CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. I understand. He is expecting your call and hopefully will be in the office this morning. I have included his email address on this email in case you need to contact hmi electronically. Thanks Tim From: Frank Pohl <fpohl@albemarle.ore> Sent: Tuesday, November 2, 2021 5:01 PM To: Timothy Kindrick <timothv kind rick@hotmail.com> Cc: Bart Svoboda <bsvoboda@albemarle.ore> Subject: RE: Area to be impacted Mr. Kindrick, I didn't have time this afternoon to call Mr. Kirkland, so will try him in the morning. Thank you for the call this afternoon, I will touch base with you tomorrow. Sincerely, Frank Frank V. Pohl, PE, CFM County Engineer Albemarle County fpohl@albemarle.org 434-296-5832 x7914 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Timothy Kindrick <timothv kindrick@hotmail.com> Sent: Tuesday, November 2, 20212:51 PM To: Frank Pohl <fpohl@albemarle.org> Subject: Area to be impacted Attachment G CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Frank, This is the only document that I had and hopefully it will work for what you need the highlighted area is what I am working on. Please let me know it this will work. Thank You Tim Kindrick --I I US DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Attachment G NRCS-CPA-12G'. 101201? CONSERVATION PROGRAM CONTRACT Participant: Program and Contract Number: TIMOTHY K KINDRICK I EQIP 2014 7433A7180AQ County and State: Subaccoum: ALBEMARLE County. VA I Livestock - Farmville (Area IR - Farmville) Watershed: This agreement is effective on the date signed by the Natural Jacobs Run -North Fork Rivanna River I Resources Conservation Service obligating official unless specified otherwise in the applicable Appendix and extends ;through 12J31/2021 1. The undersigned participants enter into this contract with the Natural Resources Conservation Service (NRCS) to implement and/or maintain specific conservation practices, as set forth in the Conservation Plan Schedule of Operations (NRCS-CPA-1155) on the property as identified on the plan map. In consideration for the implementation and/or maintenance of the practices, the NRCS will make payments to the participants) in the amount($) described in the Schedule of Operations as outlined in the Appendix. 2. This agreement is comprised of this Conservation Program Contract form NRCS-CPA-1202. The NRCS-CPA-1202 Appendix and the NRCS-CPA-1155 Plan Schedule of Operations and plan map are hereby fully incorporated into this document and are binding upon the participant(s). The NRCS-CPA-1155 may be modified through execution of a Modification farm (NRCS-CPA-1156) by both NRCS and the participant and becomes a part of the contract when both parties have agreed to and signed the Modification. 3. The participants) agree: A) to implement and maintain conservation practices for the life of this agreement in compliance with the plan or schedule of operations and in accordance with the standards, specifications, and other special program criteria obtained from NRCS; B) to forfeit further payments under this agreement and refund the United States, in amounts determined ov NRCS, any payments received hereunder upon NRCS determination that participant(s) have violated the material terms of this agreement or accept such payment adjustments as NRCS may deem appropriate if NRCS decides that the participants violation does not warrant termination of the agreement: anc C) to forfeit all rights to further payments under the agreement and refund to the United States. In amounts determined by NRCS, payments received hereunder K the subject land is transferred to a non -participant dunng the term of this agreement, unless the third parry agrees to assume this agreement. and the NRCS consents to true modification. 4. CONTRACT PARTICIPANTS TIMOTHY K KINDRICK 4394 CARRIAGE HILL OR EARLYSVILLE, VA 22936 (434)409-6224 Signature >SN or TAX ID --1151 (non -individuals) TIMOTHY K KINDRICK 1 100.00% Shares Date 12/21/2017 Signature required for modifications ✓ Yes J No Signature acceptable for payments ✓ Yes :3 No S. CONTRACT OBLIGATIONS Peoe 1 of: Attachment G JS DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PROGRAM CONTRACT 'Participant: Program and Contract Number: TIMOTHY K KINDRICK I EOIP 2014 7433A7180A0 6. NRCS APPROVING OFFICIALS NRCS-CPA-1202 10/2015 Application Approval Contract Obligation KORY KIRKLAND KILBY MAJETTE USDA electronic signature; manual signature not required. USDA electronic signature; manual signature not required. Date: 119/2018 Date: 1/31/2018 PRIVACY ACT STATEMENT IThe following statements are made in accordance with the Privacy Act of 1974 (5 U.S.0 522a). Furnishing this iinformation is voluntary, however failure to furnish correct, complete information will result in the withholding or 1withdrawal of such technical or financial assistance. The information may be furnished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or other state or federal law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal. This information collection is exempted from the Paperwork Reduction Act under 16 U.S.C. 3801 note and 16 U.S.C. 13846. 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Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at i202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Prggrarn Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the (Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW. Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: proaram.intake2usda.aov I USDA is an equal opportunity provider, employer and lender. Page 2 of 2 F z iL ) [§\ e0.{ ! § C) 'z 19 FLU(ƒ \ §)�- § �vo K § 0 «o ul zz /o zj }$ ZO < m \2 « §§ )& U.o ON �< §§00 ) <e ■ z< 3 \§ ( ` .§ \ k U) \ §> ) ;/ & !f (\ �( �� w - f ak ■ (2 ; k � CD zco z § } 2 3 � s § § co § ) f j\� f 7 0 `. ! )7-�� § 2- §§ � Et ;# _ cr ( / _ IN �� m \ 7 /)c� f/: ` k ! � \ \� \ E ! - i ! | 42. . § § ! M { \ § ; ; ! � _ )�) � t I !OC§kk § } ! } % k f \ \ e \ \ ! 2mk! E A! # , �t r 5 p ri !I § #2e! !E \ f ! I !43 Q) 10 Attachment G RE: (External Email]RE: Area to be impacted Kirkland, Kory - NRCS, Louisa, VA <kory.kirkland@usda.gov> , 11 5/2021 1135 AM To. Frank Pohl <fpohl@albemarle.org> Cc: Bart Svoboda <bsvoboda@albemarle.org>; Kenny Thacker <kthacker3@albemarle.org>; Timothy Kindrick <ti mothy_kindrick @ hotm ai Lcom> Hello Frane As a follow-up to our phone call and based on the map that Mr. Kindrick has provided below are some comments I have been working with Tim Kindrick on a multiyear project to conserve, improve, and DrOteCt the natural resources on his farm. This project promotes improved pasture condition and use, permanent/oerenniai vegetation, and some use exclusion on areas that are most vulnerable. Part of the project area includes the area -hat Mr. Kindrick has proposed to use clean fill dirt as a land treatment to improve existing condition for :ontinued/improved agricultural use. he predominant soil type at this location is Hayesville loam. Hayesville is generally a good productive soil, but it nas limitations due to its vulnerability to surface erosion. Historically many of these soils have been limited through intensity of use. This site reflects that soil condition. Based on existing condition (roughness, uneven grades, lack of positive drainage at highest point) I believe what Mr. Kindrick is proposing can bring benefit to the sites existing agricultural use if done properly. Mr. Kindrick and have discussed filling and compacting (to mimic a natural soil condition), grading/shaping (to mimic the natura landscape and natural landforms), need for inputs (lime/fertilizer/living roots) to improve condition for commonrp occurring agricultural commodities, and the need for mulching and seasonal/temporary cover until a permanent/perennial agricultural solution is apolied. I hope this helps. Let me know if you have any questions or need additional input. Thank you Kory Kirkland USDA-NRCS District Conservationist 540-603-3204 From: Frank Pohl <fpohl@albemane.org> Sent: Friday, November 5, 2021 10:43 AM To: Kirkland, Kory- NRCS, Louisa, VA<kory.kirkland@usda.gov> Cc: Bart Svoboda <bsvoboda@albemarle.org>; Kenny Thacker <kthacker3@albemarle.org>; Timothy Kindrick <timothy_ki nd rick@hotma il.com> Subject: (External Email]RE: Area to be impacted ;External Email) .f this message comes from an unexpected sender or references a vague/unexpected topic; Use caution before clicking links or opening attachments. Please send any concerns or suspicious messages to: $oam.J.buse®usda.gpy �._-.. _.......__.-_ �r��..��... _._-.._._�._�._._.........—,.. Kory, Once we receive your input in writing, we can move forward. e 11