HomeMy WebLinkAboutWPO200900014 Review Comments Road Plan and Comps. 2009-06-01�'JRGINLP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
June 1, 2009
Forest Lodge, LLC
P.O. Box 5509
Charlottesville, VA 22905
RE: WP02009 -014 Biscuit Run Connector Road — Water Protection Ordinance
Dear Forest Lodge, LLC:
Thank you for your submittal of the Phase I Cultural Resource Survey, which was submitted with
your WP02009 -014 request. Staff has reviewed the Phase I Cultural Resource Survey and
Biscuit Run Proffer 10. Listed below is the language of Biscuit Run Proffer #10 in regular text.
Staff comments regarding the various aspects of the proffer are provided in italics. The bold text
identifies additional information required.
Prior to commencing land disturbance within any area depicted in red on Exhibit C hereto, the following
investigations shall be made as indicated:
• For Potential Resource Sites labeled as "Phase 1 Survey" on Exhibit C, systematic shovel testing of
low relief landforms with archaeological potential that will be impacted by the proposed
development, and
• For Potential Resource Sites labeled as "Archaeological Reconnaissance" on Exhibit C, pedestrian
survey and visual inspection of various crossings and shovel testing when determined necessary by
the archaeologists conducting the investigation.
• Each such investigation shall comply with the standards and procedures set forth in Exhibit D hereto.
o The September 24, 2007 "Phase 1 Cultural Resource Survey of the Biscuit Run Tract"
research design duplicates wording here and in Exhibit D and says that the survey work
will be conducted "within the footprint of proposed development ". However, Exhibit C
from the proffer, which graphically depicts the survey area, is not included or referenced
in the Phase 1 report and the extent of the Phase 1 survey area is not otherwise
graphically displayed in the report. I expect that the survey was conducted throughout
the area depicted in Exhibit C, but the report should clearly indicate this.
Recommendation: Either revise the report or submit an amendment to graphically
document the area in which the Phase I survey was actually conducted.
o The applicant should understand that the reconnaissance of road crossings, if considered
a Phase 1A level survey rather than a Phase 1 survey, may not suffice if /when Section
106 requirements apply to those areas of this development. The VDHR does not
recognize Phase 1A surveys.
• If human remains are encountered in the course of conducting any investigation in accordance with
Proffer 10, no land disturbance shall proceed in the affected area until delivery of evidence to the
County that all applicable regulations regarding the disturbance or removal of such remains have
been complied with, or that avoidance can be achieved.
o A cemetery was found in conjunction with resource 44AB0542. The consultant
recommended that a funeral home be contacted regarding back filling the graves that
have been looted, with an archaeologist present at the time. Given the September 2007
date of the Phase 1 survey report, it is hoped that this issue has already been addressed.
If not, the applicant is encouraged to resolve the issue now.
• Owner shall provide evidence to Director of Planning that individual supervising the investigations
is a qualified archaeologist who meets Secretary of the Interior's qualification standards.
o The abstract of the report indicates that the survey was performed in compliance with
Section 106 of the National Historic Preservation Act of 1966, as amended and at a level
that fulfills the standards established for identification of historic properties by the
Secretary of the Interior.
• Owner shall provide all reports generated by investigations conducted in accordance with this Proffer
10 to Director of Planning
o It is assumed that this Phase 1 survey constitutes all reports generated by these
investigations to date.
• Owner shall obtain from the Director of Planning written confirmation that investigations were made
in conformance with Exhibits C and D. Owner shall incorporate any approved treatment plans into
the development plans for the Property and adhere to such treatment plans during all clearing and
grading and construction activities on the Property.
o The survey has identified two resources as potentially eligible for listing in the National
Register of Historic Places: 44AB0532 and 44AB0542. The report recommends
avoidance or a Phase 2 evaluation to determine eligibility for both these resources, and
delineation of the cemetery at 44AB0542 to determine its true boundaries.
Recommendation: Indication of how resources 44AB0542 and 44AB0532 will be
avoided, or a Phase 2 evaluation to determine eligibility shall be submitted for review.
Documentation that graphically depicts the delineation of the cemetery shall also be
provided. These items must be provided prior to commencing land disturbance within
any area depicted in red on Exhibit C. Any treatment plans recommended as a result of
the Phase 2 evaluation shall be incorporated into the development plan for the property
and shall be adhered to during all clearing, grading and construction activities on the
property.
If you have questions or need additional information, please feel free to call me at 296 -5832 x
3250 or send me an e-mail at cjzrant@albemarle.org.
Sincerely,
Claudette Grant
Senior Planner
C: Scott Collins
Amy Pflaum