HomeMy WebLinkAboutWPO201500024 Correspondence WPO VSMP 2016-02-19 some sad
Jack Kelsey
From: Cubbage, J. David L.S. (VDOT) [David.Cubbage@VDOT.Virginia.gov]
Sent: Thursday, February 19, 2015 8:45 AM
To: Jack Kelsey; Brian McPeters; Frank Pohl; Jonathan.Oliver@kimley-horn.com
Subject: FW: Barracks and Hydraulic Sidewalk Projects(UPC 104655)-SWM Grandfathering
Please see Steve's response to your inquiry.
From: Ikenberry, Steve G. P.E. (VDOT)
Sent: Thursday, February 19, 2015 7:49 AM
To: Cubbage, J. David L.S. (VDOT)
Subject: RE: Barracks and Hydraulic Sidewalk Projects (UPC 104655) - SWM Grandfathering
David,
Brian's interpretation of IIM 195.8 is correct. I suggest you document your files with an explanation regarding the
continuous funding.
Steve Ikenberry, P.E.
District Hydraulics Engineer
Culpeper District Location and Design
(540)829-7548
From: Cubbage, J. David L.S. (VDOT)
Sent: Wednesday, February 18, 2015 3:01 PM
To: Ikenberry, Steve G. P.E. (VDOT)
Subject: FW: Barracks and Hydraulic Sidewalk Projects (UPC 104655) - SWM Grandfathering
From: brian.mcpeters(&kimley-horn.com [mailto:brian.mcpetersOkimley-horn.com]
Sent: Wednesday, February 18, 2015 1:22 PM
To: Cubbage,J. David L.S. (VDOT)
Cc: JKELSEY@ albemarie.orq; fpohlOalbemarle.orq; Harrell, Matthew (VDOT); Jonathan.Oliver@kimley-horn.com
Subject: RE: Barracks and Hydraulic Sidewalk Projects (UPC 104655) - SWM Grandfathering
David,
After examining the file,we realized that the Barracks/Hydraulic project qualifies for grandfathering under the 1999
SWM Regulations based on guidance in the IIM 195.8. You will likely recall that the Barracks/Hydraulic project were
originally combined with State Farm/Crozet under UPC 102886). Since funds were allocated by the locality prior to July
1, 2012 and funds were allocated in the FY13 SYIP,this project should be on the list of grandfathered projects. Project
design will only be required to comply with the 1999 SWM regulations versus the current 2013 SWM Regulations.
Please respond as soon as practical with the Department's concurrence on this matter. Should you have any questions,
feel free to contact Jack or myself.
Thanks,
1
}Brian A. McPeters, PE 'sire
Kimley-Horn 11700 Willow Lawn Drive, Suite 200, Richmond,VA 23230
Direct:804-672-4721 { Mobile:804-539-1032
Connect with us: 9 bate, I LinkedIn f 1 acei o ( cu rube
Proud to be one of FORTUNE magazine's 100 Best Companies to Work For
2
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Jack Kelsey
From: Cubbage, J. David L.S. (VDOT) [David.Cubbage@VDOT.Virginia.gov]
Sent: Thursday, February 19, 2015 8:45 AM
To: Jack Kelsey; Brian McPeters; Frank Pohl; Jonathan.Oliver@kimley-horn.com
Subject: FW: Barracks and Hydraulic Sidewalk Projects (UPC 104655)-SWM Grandfathering
Please see Steve's response to your inquiry.
From: Ikenberry, Steve G. P.E. (VDOT)
Sent: Thursday, February 19, 2015 7:49 AM
To: Cubbage, J. David L.S. (VDOT)
Subject: RE: Barracks and Hydraulic Sidewalk Projects (UPC 104655) - SWM Grandfathering
David,
Brian's interpretation of IIM 195.8 is correct. I suggest you document your files with an explanation regarding the
continuous funding.
Steve Ikenberry, P.E.
District Hydraulics Engineer
Culpeper District Location and Design
(540) 829-7548
From: Cubbage, J. David L.S. (VDOT)
Sent: Wednesday, February 18, 2015 3:01 PM
To: Ikenberry, Steve G. P.E. (VDOT)
Subject: FW: Barracks and Hydraulic Sidewalk Projects (UPC 104655) - SWM Grandfathering
From: brian.mcpeters@kimley-horn.com [mailto:brian.mcpeterskimley-horn.com]
Sent: Wednesday, February 18, 2015 1:22 PM
To: Cubbage, J. David L.S. (VDOT)
Cc: JKELSEY@albemarle.orq; fpohl@albemarle.org; Harrell, Matthew (VDOT); Jonathan.Oliverkimley-horn.com
Subject: RE: Barracks and Hydraulic Sidewalk Projects (UPC 104655) - SWM Grandfathering
David,
After examining the file,we realized that the Barracks/Hydraulic project qualifies for grandfathering under the 1999
SWM Regulations based on guidance in the IIM 195.8. You will likely recall that the Barracks/Hydraulic project were
originally combined with State Farm/Crozet under UPC 102886). Since funds were allocated by the locality prior to July
1, 2012 and funds were allocated in the FY13 SYIP,this project should be on the list of grandfathered projects. Project
design will only be required to comply with the 1999 SWM regulations versus the current 2013 SWM Regulations.
Please respond as soon as practical with the Department's concurrence on this matter. Should you have any questions,
feel free to contact Jack or myself.
Thanks,
1
Brian A. McPeters, PE kr.rr
Kimley-Horn 11700 Willow Lawn Drive, Suite 200, Richmond,VA 23230
Direct: 804-672-47211 Mobile: 804-539-1032
Connect with us:Twitter I !inke in I Facebook I YouTTu e
Proud to be one of FORTUNE magazine's 100 Best Companies to Work For
2
Jack Kelsey
From: Cubbage, J. David L.S. (VDOT) [David.Cubbage@VDOT.Virginia.gov]
Sent: Wednesday, January 28, 2015 9:14 AM
To: Jack Kelsey
Cc: Elliott, Tracy K. (VDOT)
Subject: FW: FY13 RS Sidewalk Projects and New SWM Regs
Input from our Hydraulics Engineer on your question.
From: Ikenberry, Steve G. P.E. (VDOT)
Sent: Wednesday, January 28, 2015 8:26 AM
To: Cubbage, J. David L.S. (VDOT)
Subject: RE: FY13 RS Sidewalk Projects and New SWM Regs
David,
It appears their interpretation of the Grandfathering section of the VSMP Regulations is correct assuming that the
allocation of funding indicating in the attachment was for a specific project. VDOT has included the provisions for
Grandfathering in Section 19.1 of IIM 195.8 for VDOT projects. They failed to mention that grandfathered VDOT projects
which have not begun construction by June 30, 2019 will have to meet the Technical Criteria of Part IIB of the
Regulations.
Steve Ikenberry, P.E.
District Hydraulics Engineer
Culpeper District Location and Design
(540)829-7548
From: Cubbage, J. David L.S. (VDOT)
Sent: Tuesday, January 27, 2015 3:04 PM
To: Ikenberry, Steve G. P.E. (VDOT)
Subject: FW: FY13 RS Sidewalk Projects and New SWM Regs
Can you provide me some input on this?
From: Jack Kelsey [mailto:JKELSEYalbemarle.orq]
Sent: Tuesday, January 27, 2015 9:53 AM
To: Cubbage, J. David L.S. (VDOT); Elliott, Tracy K. (VDOT)
Cc: Frank Pohl; Trevor Henry
Subject: FY13 RS Sidewalk Projects and New SWM Regs
David &Tracy,
As the County has worked through the implementation issues of the new stormwater management regulations we've
been getting a better understanding of the nuances of the regulations and how they apply to our ongoing projects. In
particular is the Virginia Code section listed below, that provides a project is grandfathered from the new regulations if
funding was obligated before the July 1, 2012 deadline.
http://lis.virginia.gov/cgi-bin/Iegp604.exe?000+reg+9VAC25-870-48
B. Locality, state, and federal projects shall be considered grandfathered by the VSMP authority and shall be subject to the Part Il C
technical criteria of this chapter provided:
1. There has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or the
department has approved a storm water management plan prior to July 1,2012;
2.A state permit has not been issued prior to July 1,2014;and
1
3. Land disturbance did not commence prior to July 1,2014.
As noted in the attached letter(June 21, 2012)from Jennifer Debruhl,the CTB had approved the Revenue Share
allocations(prior to the July 15t deadline)for the original set of sidewalk projects which included: Crozet North Sidewalk
(St. George Ave.to Crozet Elem School); South Pantops Dr./State Farm Boulevard; Barracks Road; and Hydraulic Road.
We would consider the CTB approved allocation as an "obligation" of state funding for these projects thereby allowing
these projects to be grandfathered by our Community Development Department(local VSMP authority)and subject to
the Part II C technical criteria. Please let me know if VDOT has made similar interpretations on other projects and/or
agrees with our interpretation.
I should also note that the Crozet North Sidewalk (St. George Ave.to Crozet Elem School) and South Pantops Dr./State
Farm Boulevard projects originated as County capital improvement projects and were partially funded prior to July 1,
2012. County funds were appropriated to the Crozet North Sidewalk in Fiscal Years 2007, 2008, 2011, 2012 &2013.
Appropriations were made to the South Pantops Dr./State Farm Blvd project in FY 2008 and 2013.
Thanks so much—I look forward to your response.
Jack M. Kelsey,PE
Transportation Engineer
Office of Facilities Development
County of Albemarle
401 McIntire Road
Charlottesville,Virginia 22902-4596
(434)872-4501 office;ext 5 or 9-3376
(434)760-1272 mobile
(434)972-4091 fax
jkelsey@albemarle.org
2
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.
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION •
1401 EAST BROAD STREET
RICHMOND,VIRGINIA 23219-2000
GREGORY A.WHIRLEY
COMMISSIONER
June 21,2012
To: County Administrators/City and Town Managers
Subject: FY 2013 Revenue Sharing Program Approval
At its June 20th meeting, the Commonwealth Transportation Board approved allocations for the Fiscal
Year 2013 Revenue Sharing Program. A list of approved projects can be found on our website at:
http://www.vireiniadot.org/business/local-assistance.asp. Your local VDOT representative will be
contacting you on the next steps to ensure these projects begin moving forward, such as executing or
modifying agreements, or requesting you provide your matching funds.
The Department will begin implementing the next de-allocation review within the next few weeks. This
is based on the language in the Code of Virginia which states that"any revenue-sharing funds for projects
not initiated after two subsequent fiscal years of allocations may be reallocated at the discretion of the
Commonwealth Transportation Board." This provision is intended to ensure funds are utilized in a timely
manner. If you havefunds subject to de-allocation, your local VDOT representative will be contacting
you in the next few weeks to discuss this and provide you with an opportunity to review available options
to possibly avoid forfeiture of these funds. A copy of the Revenue Sharing deallocation process is
available on our website.
It should also be noted that there were legislative changes during this year's General Assembly that
affected the Revenue Sharing program. We are currently working on updating the Revenue Sharing
Program Guidelines and anticipate having these approved at the July CTB meeting. Once this program
administration document is approved it will be posted on our website as well.
The Department looks forward to working with you on the Revenue Sharing Program during the
upcoming months. If you have any questions about the program please consult your local VDOT
representative or contact VDOT's Revenue Sharing Program Manager, Debbi Webb-Howells, at (804)
786-1519 or by email at Debbi.Webb-Howells@VDOT.Virginia.gov . I can also be reached at(804)786-
0334 or by email at Jennifer.Debruhl@,VDOT.Virginia.gov.
Sincerely,
Jennifer B.Debruhl
Director,Local Assistance Division
Cc: Commonwealth Transportation Board
Gregory A.Whirley
Virginia Association of Counties
Virginia Municipal League
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