HomeMy WebLinkAboutWPO201200029 Review Comments Mitigation Plan 2012-03-130 ;f,
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4176
March 13th, 2012
Mr. Brian Smith, PE
105 West High St.
Charlottesville, VA 22902
RE: WPO- 2012 -00029 Milliman Mitigation Plan
Dear Mr. Smith:
Staff has reviewed your submittal of a mitigation plan for stream buffer disturbance on the
Milliman Property, TMP 55 -23, and has identified several concerns. The principal concern
identified by staff is whether the proposed stream buffer disturbance is even permitted.
As you may know, the Water Protection Ordinance has three tiers of stream buffer disturbance:
those that are exempt from stream buffer regulations [17 -319], those that are allowed by right
with some interpretation by county staff [17 -320], and those that may only be authorized by the
program authority at his discretion [17 -321]. Disturbance of stream buffers for the construction of
a driveway falls under either 17 -320 or 17 -321. However, section 17- 320.D.6 is rather explicit in
stating that each lot of record on May 7th, 2008 is allowed only one by -right stream crossing:
in order to assure that the encroachment into or across the stream buffer is minimized, on and
after May 7, 2008, it shall be presumed that one stream crossing is adequate to serve the owner's
lot(s) existing on that date... The program authority shall allow only one stream crossing to serve all
lots, provided it may allow additional crossings under section 17- 321(4).
At this time, the property possesses two stream crossings, which may remain, and the current
application proposes to add a third. Because the stream buffer disturbance cannot be authorized
through 17- 320.D.6, it is up to the Program Authority through 17- 321(4) to determine whether the
proposed disturbance can be authorized. At this time, the applicant has not provided any reasons
why the proposed disturbance is "necessary for the lot to be used and developed as permitted in
the underlying zoning district and under the applicable regulations of the subdivision ordinance."
It seems that the area accessed by the new driveway can just as easily be accessed off of the
existing driveway without any stream buffer disturbance. Therefore, the proposed disturbance in
this application is not authorized.
There are a few other items to be noted with this submittal. First, the title of the map submitted
with this application refers to a critical resource plan. But, it is lacking many of the requisite items
that must be included in a critical resource plan (please see the last two pages of the design
manual) and, more importantly, no building permit was submitted with the application. Because
no building permit was submitted, the critical resource plan option is not available to the
applicant. If the disturbance to the buffer is later authorized, a full WPO plan will be required.
(Please note that the area disturbance calculation in your letter is incorrect, considering the 20ft
width of disturbance.)
Second, no fill must be allowed in the floodplain without a Special Use permit. The proposed
contours on the ESC plan would need to show that only cut is needed to establish the driveway, if
buffer disturbance were later authorized.
Lastly, a review of the mitigation plan was not performed since the buffer disturbance could not
be authorized. County staff has treated this application as a "Request for Development in a
Stream Buffer" which requires a fee of $85. Therefore, a credit of $65 exists in the application.
Please contact county staff to have this money refunded to you. If a mitigation plan review were
to be performed in the future, county staff will require the plantings to be installed along the
creek in the northeast corner of the property.
Please contact me if you wish to meet or need additional information. My phone number is
(434)296 -5832 x3072.
Sincerely,
Philip B. Custer
Civil Engineer II
c: Mr. Steve Camfield
Mrs. Marjorie M Milliman