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HomeMy WebLinkAboutWPO200700104 Correspondence 2011-11-14pF A �'f13G1i11� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville. Vireinia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 EROSION CONTROL RE- INSPECTION INVOICE DATE: November 11, 2011 INVOICE T0: Charles W. Hurt, MD Pantops- Lakeridge, LLC P.O. Sax 8147 Charlottesville, VA 22906 RE: WPO- 2007 -00104 Hyland Ridge Subdivision Erosion Control Violation DATE OF RE- INSPECTION: 9/30/2011 RE- INSPECTION FEE: $250.00 By December 11, 2011, you should forward the re- inspection fee of $250 to continue your project. To pay the re- inspection fee, please send a check payable to the County of Albemarle to my attention along with the enclosed copy of this invoice. If you should have any questions, please do not hesitate to contact me. Sincerely (J/Y� Ana D. Kilmer Management Analyst Administration ADK/ Enclosure I'VEI M mmunity Devd0pnM1AE- INSPECTI0N FEEMAM200700104 HYLAND RIDGE INVOICEADc *Alg,� zsa •G COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 September 30, 2011 Charles W. Hurt, MD Pantops - Lakeridge, LLC Post Office Box 8147 Charlottesville, VA 22906 RE: Hyland Ridge Subdivision / Plan #WP0200700104 Erosion Control Violation STOP WORK ORDER Dear Dr. Hurt: Under § 17 -214 of the Albemarle County Code, you are hereby notified to immediately cease all land disturbing activities on the above referenced property (STOP WORK) with the exception of work to address the installation of erosion control measures, soil stabilization, and any necessary drainage corrections as approved by the County. A sworn complaint has been made by the Albemarle County Erosion Control Officer, Kenny Thacker; This STOP WORK ORDER shall remain in place for seven (7) days from the date of receipt. If satisfactory repairs have not been made within seven (7) days, the County may elect to issue another Stop Work Order, and /or petition the Circuit Court for penalties and relief with regard to this violation. Required Correction(s): 1. Permanently vegetate entire site in accordance with 17- 207(2) and /or provide a written request to the Clerk of the Board in accordance with 17- 207(3)b. Applicable Water Protection Ordinance section: "Sec. 17 -207 Issuance of permit; surety. A grading, building or other permit for activities involving land disturbing activities may be issued by a permit - issuing department only as provided herein: A. The owner shall submit with his application for such permit an erosion and sediment control plan, submitted for review and approval pursuant to this article, or an approved and valid erosion and sediment control plan and certification that the plan will be followed. The permit- issuing department shall not issue a permit until an approved and valid erosion and sediment control plan and certification are submitted. B. Each permit shall also be subject to the following: 1. The pennitted land disturbing activity shall be deemed to have commenced on the date the permit was issued, provided that the program authority may establish another date of commencement based on documentation submitted by the owner that clearly demonstrates that the land disturbing activity commenced on that date. Page 2 Pantops- Lakeridge, LLC Post Office Box 8147 Charlottesville, VA 22906 2. Permanent vegetation shall be installed on all denuded areas within nine (9) months after the date the land disturbing activity commenced, except for areas that the program authority finds are necessary parts of the construction that are subject to an active building permit and areas where erosion is prevented by a non - erosive surface. For the purposes of this section, a "non- erosive surface" includes, but is not limited to, roadways and sidewalks covered by gravel, asphalt pavement, or concrete; trails or paths covered by gravel, stone dust, or mulch; buildings and other permanent structures; and such other surfaces that the program authority determines would adequately provide a permanent barrier to erosion. 3. The time limit for installing permanent vegetation as required by paragraph (13)(2) may be extended by either the program authority or the board of supervisors, or both, as follows: a. The program authority may extend the time limit for installing permanent vegetation up to an additional six (6) months, provided the owner submits a written request to the program authority no less than one (1) month prior to the deadline for installing the permanent vegetation. The program authority may grant the extension if it finds that: (i) the additional time is necessary due to factors beyond the control of the owner; (ii) the owner had made good faith efforts to comply with the time limit; and (iii) the owner has effectively controlled erosion and sedimentation on the property during the land disturbing activity. In granting an extension, the program authority may impose reasonable conditions. b. The board of supervisors may extend the time limit for installing permanent vegetation for duration it determines to be appropriate, provided the owner submits a written request to the clerk of the board of supervisors no less than two (2) months prior to the deadline for installing the permanent vegetation. The program authority shall provide its opinion to the board as to the condition of the property with respect to compliance with this chapter and an estimate of the minimum time needed to complete grading and install permanent vegetation for the land disturbance covered by this permit. The board may grant the extension if it finds that: (i) the additional time is necessary due to factors beyond the control of the owner; (ii) the owner had made good faith efforts to comply with the time limit; and (iii) the owner has plans to effectively control or has effectively controlled erosion and sedimentation on the property during the land disturbing activity. In granting an extension, the board shall set a time limit and may impose other reasonable conditions. 4. An application to amend the erosion and sediment control plan shall not extend the time limit for installing permanent vegetation authorized by paragraph (13)(3). 5. The installation of permanent vegetation required by paragraph (13)(2) shall be required only for those land disturbing activities that are subject to an erosion and sediment control plan approved on or after September 5, 2009, or an erosion and sediment control plan that was approved prior to that date but was renewed on or after September 5, 2009. C. Prior to the issuance of such permit, the permit - issuing department shall require, or in the case of an agreement in lieu of a plan may require, the owner to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the permit - issuing department and the county attorney, to ensure that measures could be taken by the permit- issuing department or the program authority at the owner's expense should he fail, after proper notice as provided in section 17 -2I3, to take timely corrective action specified in the notice. D. A bond or other surety required by the permit - issuing department pursuant to paragraph (C) shall not exceed the total of the estimated cost to initiate, maintain and repair all erosion and sediment control structures and systems, and to comply with all other terms and conditions of the erosion and sediment control plan. The amount of the bond or other surety shall be based on unit price for new public or private sector construction, including architectural engineering, inspection and project management expenses, in Albemarle County, Virginia, and a reasonable allowance for estimated administrative costs and inflation which shall not exceed ten (10) percent of the estimated cost to initiate, maintain and repair all erosion and sediment control structures and systems, and to comply with all other terms and conditions, of the erosion and sediment control plan. Page 3 Pantops- Lakeridge, LLC Post Office Box 8147 Charlottesville, VA 22906 E. If the program authority is required to take corrective action pursuant to section 17 -213, upon the failure of the owner to do so, the county may collect from the owner for the difference if the amount of the reasonable cost of the corrective action exceeds the amount of the surety. F. Within sixty (60) days of achieving adequate stabilization of the land disturbing activity in any project or section thereof, the bond or other surety, or any unexpended or unobligated portion thereof, shall be refunded to the owner or terminated based upon the percentage of stabilization accomplished in the project or section thereof. G. If a bond or other surety is provided under paragraph (D) and the erosion and sediment control plan expires before the permit is issued, the permit- issuing department shall return the bond or other surety to the owner. We would like to meet with the owners of this property to discuss the current status of this project. Please contact us as soon as possible. Please contact either Kenny Thacker or Glenn Brooks at 434 -296 -5832. 5incerely,[y��t� -- enn Thacker Glenn Brooks, P.E. Erosion Control Officer County Engineer Program Administrator RWL/ Copy: Mark Graham, Albemarle County, Director of Community Development Signature ft s� .--1 Ln OO — N_ R � � M CCI q) 00 Q cr, rq M 4.w C d u L R Q a, Ua J f Q zUa LL � O�- 0 or V LO I N -�4 -C� b C15 64 „u 4 V (+t V tom. u I O '6- N sm r- Q w W � �i 0 W. �. RECEIVED DEC - 8 1011 COMMUNITY DEVELOPMENT