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Home My WebLink AboutAP201800003 Affidavit 2019-05-28AFFIDAVIT STATE OF VIRGINIA COUNTY OF ALBEMARLE BEFORE ME, the undersigned public authority, personally came and appeared: BRIDGET B. MEAGHER, Who being first duly sworn, did depose and say: This affidavit is in response to a request from the Albemarle County zoning administrator regarding my personal experience of "soil disturbance " on the Clayton properties on Seven Hills Ln and my observations about the different aerial photos provided. The subject appears to have shifted to the issue of "soil disturbance" and there appears to be a differing of opinion as to whether the Clayton operation has continuously engaged in soil disturbance and some confusion as to what activities are encompassed in "soil disturbance". Two affiants have stated that the Clayton family has been actively engaged in "soil disturbance" for more than 70 years. However, their affidavits do not identify the specific activities or the location where these activities have taken place. The Clayton family owns many parcels of land in Albemarle County and their operations are not confined to just Seven Hills Ln. The main depot for their mulch, lime and soil hauling business is located on Hwy 250. I would like to establish that: 1. In my daily experience of the past 12 % years I see the Clayton trucks leave the Seven Hills Ln shed in the morning and they are always Empty. I also see the Clayton trucks drive to the Clayton parcel on Hwy 250 where the soil, lime and mulch are stored, and it is at this other totally different location on Hwy 250 where they load up their material and continue on to delivery. I also then see the Clayton trucks return Empty to Seven Hills Ln. I have never seen a loaded Clayton truck on Seven Hills Ln ready for delivery. I have only once in 12 % years seen a Clayton truck leave the dumping area loaded with soil. That was in 2017 when the dump was in full operation and I have a video of that event. People might erroneously believe that the soil sold by Clayton is soil excavated at Seven Hills Ln or dumped at Seven Hills Ln and then hauled out, but that is absolutely not the way that their operation works. To confirm, the soil sold by John M. Clayton & Son does not originate on Clayton properties on Seven Hills Ln (from parcel 57-60A or 57-60) nor is it soil that has been hauled in, dumped and then hauled out again. The dumping activity is totally separate from the Clayton soil delivery service. The mulch, lime, soil delivery service operation that has been in business for more than 70 years is physically located on Hwy 250. The trucks that haul the materials are parked at the Seven Hills Ln shed. But the materials for this operation do not come from either parcel on Seven Hills Ln. I am sure that other Seven Hills neighbors will confirm that. 2.1 am specifically concerned with the hauling in of soil and the hauling out of soil by outside contractors to the Clayton parcels on Seven Hills Ln. I am also concerned that in the future Clayton might want to start using the dumped soil in his business, a practice which has not taken place in the past 12'/: years and not in the past 70 years. My remarks here will focus on outside trucks hauling in soil to the dumping area and hauling out soil. I would like to establish here that Clayton trucks, to date, do not haul soil out or in and are always empty when they are on Seven Hills Ln. I have walked and driven daily on Seven Hills Ln since the fall of 2006. My husband and I put a contract on a parcel there in December of 2006. At the time, Seven Hills Ln was a very quiet farm road with very little vehicular activity. We would have never bought the property at that time if we had experienced dump trucks hauling soil to a dump site on the Clayton land or Clayton trucks hauling out soil. I walked and drove to our parcel several times daily and always observed the cow pasture on the Clayton property, parcel 57-60A. As we began construction I was there meeting with contractors and accepting deliveries. I passed the subject area on parcel 57-60A throughout the day and I entered and exited Seven Hills Ln many times per day. I did not see dump trucks owned by outside contractors or Clayton trucks hauling dirt into or out of Seven Hills Ln and the Clayton cattle field at this time. 1 Question about photos 1 and 2 from zoning- The cleared area (same area as currently found near Seven Hills Lane) appears to expand from 2002 to 2007. Did you observe any of that expansion? If so, what activity was associated with this? Answer: In the 2002 photo I see a small, disturbed area that could be evidence of cattle activity. I don't see any evidence of soil hauling activity in that specific area. I looked at the two earlier photos from 1996 and 2000 and both photos show no activity, no grading, no trucks or equipment and no dirt piles. So if we include the two earlier photos we have a time period of six years from 1996 to 2002 where I see no activity or change in the appearance of the area. Aerial photos show no other soil disturbance activity on either Clayton parcel. In the 2002 photo there is a rectangular area near the Mechums River that has been plowed. I think that it was tilled up for a cornfield. I see in earlier photos that soil was dumped there previously, most probably from the time period when the adjacent pond was built. One of the neighbors told me that earlier soil dumping had gone on years ago when the pond was built (definitely before the 1996 photo) and the soil was dumped below the pond site. So that would account for this area of dumped soil. For these reasons I am sure that the soil came from the adjacent pond excavation years before. The other reason that that this soil was not hauled in is that the worn path leading to the area isn't graveled and could not have supported the dump truck traffic necessary to dump all of that soil. Nor could that path support trucks hauling out soil from the area. This correlates with what the neighbor told me that the soil came from the excavation of the nearby pond site years before. In looking at the 2007 photo - the area does appear to have changed but I was not an owner until 2007. 1 only arrived there in late 2006 so the second photo from 2007 represents the barren cow pasture area that I would observe daily at that time. I saw no dirt piles or equipment in the area to indicate dumping activity of any kind. I did not see Clayton trucks dumping or hauling out soil from this area. I did not witness dump trucks owned by outside businesses hauling soil into the area and I am certain that all of the soil disturbance work from 2007 in the photos, was done by Clayton employees grading that area. 2.Question from Zoning - This area seems to shift slightly and expand again between 2009 and 2010. What activity was associated with those changes? In the 2009 photo I see a less defined area as though no grading had taken place since 2007. 1 see standing water in the pasture area and I do not see any piles of dirt or other evidence of trucks hauling in soil or hauling out soil. In the 2010 photo I see that the area appears to have been graded again. At that time period I remember that I saw a piece of grading equipment and some other earth moving equipment down in the pasture area. I saw a Clayton employee working in the area a couple of days per week. I thought that what I saw was a feedlot being cleared for the cattle. There had been no activity in the previous four years that would lead me to believe anything else. There are a few dirt piles visible but I did not see outside dump trucks entering or leaving Seven Hills Ln in that time period. I saw no increase in truck traffic on Seven Hills Ln in the time period 2009-2010. 3.Question from Zoning Did you observe trucks bringing soil and other materials that were deposited on the Clayton property? I did not see trucks bringing in soil or other materials until November of 2012. Starting in 2012 1 saw occasional trucks owned by outside contractors, including Albemarle Service Authority dump trucks, hauling dirt and other materials to the Clayton property. But before that time from November 2006 to November 2012 (six years) I did not see trucks hauling in soil or hauling out soil. 2012-2015 On November 13, 2012 my husband told me that he noticed some different activity in the 57-60A pasture. We walked down the Abells' road to get a view from that angle and we saw a line of piles of dirt and construction debris falling down the hillside from those piles. Also I saw the Clayton soil machine (red box) was recently moved from Hwy 250 up to the field. I took a dated photo and can submit that if you would like to see it. That was my first experience in six years of seeing outside soil and material dumped in that field. I did not see the trucks that brought in the soil and materials but I saw the evidence that they had been there by viewing the piles of newly dumped soil. After this time I saw random piles of dirt deposited in the field but this did not occur on a regular or continuous basis yet. The piles would remain for months and then eventually they would be graded and leveled with equipment owned by Clayton. I asked one of the neighbors' wives about the soil dumping and she said," They did that years ago when they built the pond and I guess they are starting it up again." This was in reference to building the pond which did not involve soil being hauled in from outside projects but rather soil moved from the pond excavation adjacent to the site. She was clear that the dumping activity had not gone on for many years. 2015 -2017 In 2015 the outside truck traffic began to increase. This is eight years after we purchased our property. I saw dump trucks from outside contractors (including Albemarle Service Authority, Commonwealth Excavating, and Contour Construction Cc) enter Seven Hills Ln starting in the morning and through the afternoon hauling in soil and dumping it in the pasture dump area on 57-60A. On occasion I saw dump trucks hauling in on Saturdays. I had asked one of our neighbors (who signed the affidavit in support of Mr. Clayton's appeal) what was going on and why with regard to the dumping and the parking of outside commercial vehicles on Clayton property. He told me not to say anything because the Clayton's "have commercial zoning and can do anything they want to do." I later learned that the soil was being hauled in from the Piedmont Place project in Crozet This is the time period when I went to speak with a county planner requesting information concerning the legality and status of this activity. In that meeting it was once again confirmed to me that the Clayton property zoning on Seven Hills Ln is RA and that there were no variances or approved permits for any activities including no commercial zoning permit for the 10,000+ square foot construction dump that he had created on the 57-60A parcel. So, my trusted neighbor was clearly misinformed when he told me that the Clayton land was zoned commercial. My husband wrote letters to Mr. Clayton at that time asking him to meet and discuss alternative routes, widening the road, additional roads and other ways to lessen the impact and danger of the dump truck traffic and we received no response. In the summer of 2017 my husband and I filed a complaint with the county citing a number of problems including the soil dumping. In June of 2018 we again filed an additional complaint form with the county and finally were granted a meeting with zoning officials. 4 Question from zoning- Did I observe trucks hauling out soil from this area? Only once in 2017 1 did see soil hauled out by a Clayton truck and I have a video of the Clayton truck hauling soil out of the dump area. As previously stated, Clayton trucks always leave empty and return empty. This was the exception. 5 question from zoning- Did I observe any materials processing on the property? In 2017 1 saw the appearance of the area really change. New equipment from Contour Construction Co. was brought in and it appeared that it would be permanent. The area was greatly expanded and became very well defined as though it had undergone professional dump planning. I saw the character of the area undergo a drastic change from cow pasture to professional dump. I saw an employee of Contour Construction park his truck in the area daily. He might have been processing materials with some of the new equipment that he brought in but I am not sure. I did see a lot of dump trucks hauling in soil and dumping it in the area which had previously been a cow pasture. 6 Photos 6 and 7, 2016 and 2018, are the most notable photos to me. I see the substantial expansion of the dump area and the increase in dumped soil from 2016 to 2018. This corresponds with the heavy traffic that I saw on Seven Hills Ln from outside dump trucks hauling in soil from construction sites between the years 2015-2018. In the 2018 photo I see that the area became greatly enlarged and expanded. In the earlier photos before 2016 1 see only changes in topography as a result of grading but they do not show the elevation change or the upward elevation of the deposit areas that are visible in the 2016 and 2018 photos. In the Albemarle GIS website I saw two earlier photos of the area from 1996 and 2000. Comparing the 1996 photo, where I see an undisturbed pasture, and the 2018 photo where I see that the pasture has become a professionally managed construction dump of more than 10,000 sq. feet, I clearly see the huge expansion of the area and the expansion of activity. I see the change in the character of the land and the operation. In comparing all of the photos available, I also see where there were several periods in that 22 year span from 1996-2018 when the activity halted for more than two years and for that reason it was by no means a continuous activity. There was clearly no dumping activity - from 1996 to at least 2002 (6+ years) - from 2002 to 2007 where the lower disturbed area (soil from the nearby pond) has been allowed to revert and the upper area, though still graded, shows no other signs of activity, no equipment or dirt piles from dumping, only grading. (5 years) - from 2007 to 2010, there being no activity in 2008 or 2009 as I can see in the photo, a little activity has started with a few piles, more than 2 years later as seen in the photos. (2+ years) From 1996 to 2018 1 see the remarkable expansion from cow pasture to expanded, professional dump of more than 10,000 sq. feet, a total change in character of the area over a 22-year period. SWORN TO AND SUBSCRIBED P1 ALE '•., BEFORE ME THIS aka DAY OF ,,s•°' 9- --"••. F 6 M0.0 12019 : ,Z.r:' NOTARY"-*�'S'S uauc DEG ,r /175904 �" MY COWISSION: ¢ EX?IRFS NOTARY PUBLIC ITH OF MY COMMISSION EXPIRES: 1 3 To: Amelia McCulley, Zoning administrator From: James C. Abell 4249 Seven Hills Lane Charlottesville, VA 22901 Re: Soil processing, Jeffrey Clayton, 4331 Seven Hills Lane Date: April 30, 2019 I have lived for the last years, and I am familiar with the soil processing operation that Jeffrey Clayton and/or layton and Sons has been conducting at 4331 Seven Hills Lane. According to my recollection, this soil processing has been in operation at the property since the initiation of the Beaver Creek Dam project in the 1950's, and has not ceased operating since that time. Mr. Clayton's operation supplies farmers and homeowners with topsoil for agricultural and landscaping purposes. Respectfully, j,", c -a&�al Nam AFFIDAVIT Came this day James C. Abell, and, after having been duly sworn, made oath and represented as follows: 1. That he is familiar with Jeffrey Clayton and the uses of the property at 4331 Seven Hills Lane; 2. That, to the best of his knowledge and belief, the above recitations of fact are true and correct. This 7day of h6milb, 2019. 60vXi'y Of APPIP ALF Sworn and subscribed before me, this My commission expires: 411 6I TOZ 1 C. me "W day of aa, 2019. �au of ry Public I watt cun:m�55ioncd a nular) f.+u�b�lrXas Leanna L Maenott, LEVM L MAGNOTTI canmo�Weannof v yfa MY Owwrission Expires April 30, 2021 camr mion ID# 7735557 To: Amelia McCulley, Zoning administrator From: Frank C. Abell 4255 Seven Hills Lane Charlottesville, VA 22901 Re: Soil processing, Jeffrey Clayton, 4331 Seven Hills Lane Date: April 30, 2019 ON WG-�+ L4Mto I have lived for the last00 years, and I am familiar with the soil processing operation that Jeffrey Clayton and/or Clayton and Sons has been conducting at 4331 Seven Hills Lane. According to my recollection, this soil processing has been in operation at the property since the initiation of the Beaver Creek Dam project in the 1950's, and has not ceased operating since that time. Mr. Clayton's operation supplies farmers and homeowners with topsoil for agricultural and landscaping purposes. Respectfully, a....L W;X�IAa/ AFFIDAVIT Came this day Frank C. Abell, and, after having been duly sworn, made oath and represented as follows: 1. That he is familiar with Jeffrey Clayton and the uses of the property at 4331 Seven Hills Lane; 2. That, to the best of his knowledge and belief, the above recitations of fact are true and correct. ,, This50 day of , 2019. J w` -e %u�14/ W O l bevel a-kt e Sworn and subscribed before me, this 30 My commission expires: ll3cI Zo'2, Name day of , 2019. And ff r s conumssionc a notary public as Leanna L Map( LEANNA L MAGM VA Noisy PibGcY�rAo� MY i Exores30,2021 I, Hugh A. Meagher, of Charlottesville, Virginia MAKE OATH AND SAY THAT: 1 Question about photos 1 and 2 from zoning- The cleared area (same area as currently found near Seven Hills Lane) appears to expand from 2002 to 2007. Did you observe any of that expansion? If so, what activity was associated with this? Answer: The 2002 photo shows a small disturbed area that could be evidence of cattle activity. I don't see any evidence of soil hauling activity in that specific area. I looked at the two earlier photos from 1996 and 2000 and both photos show no activity, no grading, no trucks or equipment and no dirt piles. If we include the two earlier photos, we have a time period of six years from 1996 to 2002 where there is no discernable activity or change in the appearance of the area. Aerial photos show no other soil disturbance activity on either Clayton parcel. In the fall of 2006, my wife and I signed a contract to purchase the property at 4242 Seven Hills Lane. I began frequent visits to the property to begin the process of preparing to move from our near- by home. After closing on the property, I went there directly from our existing home to the Seven Hills property. I continued daily visits until we closed on the Seven Hills property in the spring of 2007. Every day during that time period 1 saw only limited activity on the Clayton property. I saw Clayton employees mowing grass, preparing tractors and harvesters to work Clayton corn fields, the movement of large hay bales to feed cattle, and in the morning preparing Clayton trucks to go to the Clayton depot on 250 to load lime, fertilizer, and mulch for Clayton customers. When I see the Clayton trucks, they are always empty when they both leave Seven Hills Lane and when they return. My drive to work took me past both the Seven Hills and 250 properties, so I had a daily view of these activities. During the period from 2006 until we started house construction in the summer of 2008, 1 saw no dump trucks bringing soil into or out of the Clayton parcels, nor did I see any piles of soil in any Clayton pastures — property clearly visible as I drove in and out of Seven Hills Lane in my truck. 2. Question from zoning - This area seems to shift slightly and expand again between 2009 and 2010. What activity was associated with those changes? In the late spring of 2008, we began house construction, which lasted until July of 2009. In addition to daily on -site meetings with our contractor, I undertook numerous tasks, which led me in and out of the property numerous times per day from early morning until well after dark. During the 2008- 2009 period of construction, the only activities I saw were the same as those described in paragraph 1. After moving to our Seven Hills home on July 1, 2009, 1 have been constantly involved in both construction and farming activities on our property, activities which keep me outdoors and transiting in and out of Seven Hills Lane. Thus, I am acutely aware of all activity on Seven Hills Lane. Additionally, my employment leads me to travel over my easement through the Clayton parcels on a daily basis, not only did I not see any soil being trucked into or out of the Clayton property, but I also saw no piles of dirt in Clayton pastures until late 2012. However, frequently both Clayton's front-end loader and bulldozer were parked in the area that expanded in the period after 2012. 1 encountered no outside dump trucks bringing soil into or out of the Clayton property and saw no trucks or personnel not employed by the Claytons in any Clayton fields. 3. Question Did you observe trucks bringing soil and other materials that were deposited on the Clayton property? In late 2012- early 2013, 1 began to notice an accumulation of soil piles in the Clayton pasture to the south of Seven Hills Lane; it was also around this time that the Claytons moved their soil pulverizing machine to the pasture south of Seven Hills Lane from their property on Route 250. However, it wasn't until after the death of John W. "Bill" Clayton in November of 2014 that significant dumping of soil by outside contractors began in earnest. Puzzled by seeing Rivanna and Water Authority dump trucks entering and leaving Clayton property, I asked our neighbor Jim Abell what was going on. Abell told me that Jeff Clayton had an agreement with the water board to dump soil on the Clayton pasture. Abell stated that Clayton's Seven Hills parcels have "commercial zoning" and that is why he has such an agreement with the water board. Although such a description of zoning is erroneous, I had no reason to doubt my neighbor at the time. Then in the spring of 2015, dumping by numerous trucks from Contour Construction Co. and other companies began to occur on a frequent basis. Following one truck back to its origin, I discovered that the excavation for the proposed Piedmont Place in Crozet was where all the soil was being trucked. 4 Question Did I observe trucks hauling out soil from this area? My wife recorded a video in 2017 of a Clayton truck hauling soil out of the dump area. After my wife, daughters, and myself were nearly run into by construction company dump trucks on Seven Hills Lane, I complained to Jeff Clayton and requested on two different occasions that he both widen Seven Hills Lane and remove the blind spot near the intersection of Seven Hills with Brown's Gap Turnpike. He refused to consider either activity. Clayton merely stated that "I should tell him which trucks were speeding in and out of Seven Hills." His refusal to ameliorate this dangerous situation led me to become very observant of our neighbor's activity and file a complaint with Albemarle County and actively work to force Jeff Clayton to obey the laws of Albemarle County. COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE SUBSCRIBED AND SWORN BEFORE ME day of May 2019 sK m , ddo �241i4I{BLIC ySW ZM,yeissionexpires: cOMM)3 I�i�ioa a— d" (Ag ture) Hugh A. Meagher I, Robert William Garland, Jr., of Kent Store, Virginia MAKE OATH AND SAY THAT: My name is Robert Garland, Jr. and I worked for United Parcel Service as a driver from November 1987 to May of 2017, when I took early retirement. During my time with UPS until my retirement in 2017,1 frequently delivered packages to the homes on Seven Hills Ln. in Western Albemarle. Then starting in 2008, 1 made frequent deliveries to the Meagher's home on Seven Hills Ln. delivering items that they purchased for construction. After the Meaghers moved into the home, I continued to make frequent deliveries to both their residence and to other properties along Seven Hills Ln. During the time period from 2008 until sometime around the end of the year in 2012, 1 never encountered any dump trucks moving soil on Seven Hills Ln. or dumping into Clayton's pasture. Nor did I see any trucks other than those belonging to the Claytons or Abells on Seven Hills Ln. or in any of the pastures along Seven Hills Ln. Then during the last couple of years of my employment, 2015-2017, 1 began to frequently see dump trucks loaded with soil entering Seven Hills Ln. and dumping in the Clayton pasture. COMMONWEALTH OF VIRGINIA "0 IS � COUNTY OF SUBSCRIBED AND SWORN BEFORE ME On the Agfb day of May 2019 Signature AmIaLb 1 , (Seal) NOTARY PUBLIC My Commission expires: 3'l11'9J (signature) Robert W. Garland, Jr. Pamela B Quarles NOTARY PUBLIC Commonwealth of Virginia keg,* 7281662 My Commission Explrea �" _Ia