HomeMy WebLinkAboutWPO200600090 Review Comments Mitigation Plan 2009-05-19� OF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
Project: Mosby Mountain & Mountain Valley Stream Buffer Mitigation
Plan preparer: Scott Collins, Collins Engineering [scott @collins- engineering.com]
Owner or rep.: Justin Beights
Plan received date: 9 April 2009
Date of comments: 19 May 2009
Reviewer: Amy Pflaum, Current Development Engineering
The recent documentation submitted regarding the stream buffer mitigation within the Mosby Mountain
and Mountain Valley Farm subdivision has been reviewed. Current Development Engineering has the
following comments:
On July 2, 2003, Stormwater Management Plans (prepared by The Cox Company) for Mosby Mountain
Residential Subdivision were approved, AC File #2300. These plans included stream buffer mitigation to
address the impacts to the buffer caused by construction of the Mosby Mountain Drive bridge. It is noted
in these plans that 2.22 acres of Mitigation Area is provided and either 533 bare root stock, 777 container
seedlings, or 2,687 bare root seedlings will be planted within this area. All Mitigation Area is within the
limits of the Mosby Mountain Subdivision.
On August 5, 2005, construction plans (prepared by Timmons Group) for Mountain Valley Residential
Subdivision were approved, AC File #2291. These plans included stream buffer mitigation (Sheet 38) to
address the impacts to the buffer caused by the construction of Ambrose Commons Drive. It is noted in
these plans that planting for Riparian Buffer and Wetland Enhancement Areas is based on an area of 3.28
acres. At 400 plants per acre, 1312 plants are required, with tree tubes and brush mats as noted on the
plan. The Riparian Buffer Enhancement Areas are shown on Sheet 38 and are within the limits of the
Mountain Valley Subdivision.
Due to a change in the type of stream crossing constructed on Ambrose Commons Drive, a new Water
Protection Ordinance application (AC File # WP0200600090) for Stream Buffer Mitigation was
submitted, it was approved on December 29, 2006. This application approved the disturbance of 0.77
acres of buffer within the Mosby Mountain Subdivision, with mitigation in the amount of 320 trees as
shown on Schedule #1 of the Stream Buffer Restoration Plan (by Timmons Group). The Restoration Map
(also by Timmons Group) included with this application shows the Riparian Buffer Enhancement Area is
in the neighboring Mountain Valley Subdivision. This application does not state that it was to serve as an
amendment to either of the previously approved plans mentioned above. It was not approved as an
amendment, and there is no record in any of the three files noting an amendment.
The developer of these two subdivisions has requested a plan amendment to do the following:
From 12/3/08 email: Remove the planned stream buffer mitigation plantings that were shown on the
Mosby Mountain property. During the DEQ permitting process for the impacts associated with Mountain
Valley Farm, it was determined by our consultants and the DEQ representative that the combination of
the required plantings for both Mosby and MVF on the MVF property would be more desirable and
manageable.
Albemarle County Community Development
Engineering Review Comments
Page 2 of 2
On February 12, 2009, a Site Plan Amendment (SDP200900011) was submitted to address this and other
revisions. There is no approved site plan for the Mosby Mountain development, therefore, one can not be
amended. Current Development Engineering responded to this application stating that the applicant
needed to submit an amendment to the previously approved Water Protection Ordinance Application
which contained the stream buffer mitigation. This amendment, which was to contain the changes in the
mitigation plan along with correspondence from DEQ regarding the location of mitigation, would be
reviewed for compliance with the WPO.
In April, Current Development Engineering received from the applicant documents already on file under
WP0200600090, as mentioned above, and an approved DEQ permit dated 10/17/06. The Stream Buffer
Restoration Plan, submitted with the November 1, 2006 letter, is not the most current, this letter and plan
was revised prior to being approved in December and the planting amount was doubled to 320 plants. The
documentation from DEQ makes no mention of the amount of or location required for the mitigation. No
WPO amendment application or the required $180 fee were received with this submittal.
Current Development Engineering can not find in favor of such an amendment. It has not been clearly
demonstrated that the area available for planting, as shown on the 2003 plan, is no longer a viable option
on the Mosby Mountain property. No correspondence from DEQ stating that such unfavorable site
conditions exist has been provided. It has also not been demonstrated that the area of mitigation in
Mountain Valley Farm is equal to or greater than the combined mitigation requirement of the two
subdivisions. The Design Standards Manual and Section 17- 320(D)(5) of the WPO require that vegetation
shall be established and maintained within the stream buffer but outside of the stream crossing. Off -site
mitigation must be authorized by the Program Authority. Section 17- 322(D)(3) requires a mitigation plan
to be evaluated on whether best management practices will effectively mitigate adverse impacts from the
encroachment on the stream buffer and its natural functions. In order to meet this requirement of the
ordinance, the buffer that has been disturbed is to be replanted to the extent possible. Since allowing all
mitigation for both subdivisions to be placed in Mountain Valley Farm does not satisfy this criteria, the
proposed amendment is being denied as provided in 17- 322(B).
The County will continue to require that riparian plantings are installed per the approved mitigation plans
for both the Mountain Valley and Mosby Mountain Residential Subdivisions.
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