HomeMy WebLinkAboutWPO201800041 Review Comments WPO VSMP 2018-09-06 (2)Short Review Comments Report for:
WPO201800041
SubApplication Type:
Hark Winery Production Building - VSMP
Stormwater Management/BMP Plan
Erosion and Sediment Control Plan
Date Completed:06/29/2018
Reviewer:Emily Cox CDD Engineering
Review Status:Requested Changes
Reviews Comments:
Division:
Date Completed:08/10/2018
Reviewer:Emily Cox CDD Engineering
Review Status:Requested Changes
Reviews Comments:
Division:
Date Completed:08/24/2018
Reviewer:Emily Cox CDD Engineering
Review Status:Requested Changes
Reviews Comments:
Division:
Date Completed:09/10/2018
Reviewer:Emily Cox CDD Engineering
Review Status:See Recommendations
Reviews Comments:-sent to Ana 9/10/18
Division:
Date Completed:09/06/2018
Reviewer:Emily Cox CDD Engineering
Review Status:Approved
Reviews Comments:
Division:
Page:1 of 1 County of Albemarle Printed On:September 13, 2018
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
VSMP Permit plan review
Project title:
Hark Winery Production Building
Project file number:
WP0201800041
Plan preparer:
B. Clark Gathright, LLC [cgathright@dgarchs.com]
Owner or rep.:
Aaron Hark [ahark@maxient.com]
Plan received date:
29 May 2018
Rev. 1 received:
23 Jul 2018
Rev. 2 received:
15 Aug 2018
Rev. 3 received:
30 Aug 2018
Date of comments:
29 June 2018
Rev. 1 comments:
10 Aug 2018
Rev. 2 comments:
24 Aug 2018
Rev. 3 comments:
06 Sept 2018
Reviewers:
Emily Cox
County Code section 17-410 and Virginia Code §62.1-44.15:34 requires the VSMP authority to
act on any VSMP permit by issuing a project approval or denial. This project is approved. The
rationale is given in the comments below. The application may be resubmitted for approval if all
of the items below are satisfactorily addressed. The VSMP application content requirements can
be found in County Code section 17-401.
A. Stormwater Pollution Prevention Plan (SWPPP)
The SWPPP content requirements can be found in County Code section 17-405. A SWPPP must
contain (1) a PPP, (2) an ESCP, (3) a SWMP, and (4) any TMDL measures necessary.
1. Ensure the latest plans are inserted into the SWPPP once approved. Rev. 1: SWPPP not required.
Per email dated July 27 from Frank Pohl, this plan is only subject to VESCP requirements.
B. Pollution Prevention Plan (PPP)
The PPP content requirements can be found in County Code section 17-404.
1. Ensure the latest plans are inserted into the PPP once approved. Rev. 1: SWPPP not required. Per
email dated July 27 from frank Pohl, this plan is only subject to VESCP requirements.
C. Stormwater Management Plan (SWMP)
VSMP Regulation 9VAC25-870-108 requires the VSMP authority to approve or disapprove a
SWMP. This plan is approved, and the reasons are provided in the comments below. The
stormwater management plan content requirements can be found in County Code section 17-403.
1. Rev. 1: SWPPP not required. Per email dated July 27 from Frank Pohl, this plan is only subject to
VESCP requirements.
Engineering Review Comments
Page 2 of 3
D. Erosion and Sediment Control Plan (ESCP)
Virginia Code §62.1-44.15:55 requires the VESCP authority to approve or disapprove an ESCP.
This plan is disapproved, and the reasons are provided in the comments below. The erosion control
plan content requirements can be found in County Code section 17-402.
1. Show dust control and temporary seeding on the E&S Plan. Rev. 1: Comment addressed.
2. Diversion dike should be directed to a sediment trap or basin during construction, not infiltration
trench or silt fence. Rev. 1: Comment addressed.
3. Show a stockpile and staging/laydown area on the plan. Rev. 1: Comment addressed.
4. Per the design standards manual, provide a paved wash rack construction entrance detail
(http://www.albemarle.org/upload/images/forms center/departments/community_ development/for
ms/design_ standards_ manual/Albemarle _County _Design_ Standards_ Manual_ 2015-04-
25_draft.pdf) Rev. 1: Comment not addressed. Please provide this detail on the plans. Rev. 1:
Comment addressed.
5. Rev. 1: Contour elevations still don't agree with county GIS. Rev. 2: Comment not
addressed. 600 contours shown tie-ing into 400 contours. Rev. 3: Comment addressed.
6. Rev. 1: Show WPO # on the title page. Remove SWPPP Plan title. Rev. 2: Comment addressed.
7. Rev. 1: Show the drainage areas and total flow to the level spreaders to verify sizing and
spreader lip per E&S spec 3.21. Rev. 2: Drainage areas not provided. Show the drainage
area and the peak flow from a 10 year storm per the specification below.
https://www.deQ.virginia.2ov/Portals/0/DEQ/Water/StormwaterMana2ement/Erosion Sedi
ment Control Handbook/Chapter%203%20-%203.21.pdf Rev. 3: Comment addressed.
8. Rev. 1: Provide everything for VESCH Plan, per County Code 17-402-C: 1-6. Rev. 2:
Comment addressed.
9. Rev. 2: Provided signed engineer's seal on Sheet 2. Rev. 3: Comment addressed.
10. Rev. 2: Per the email dated July 27, 2018, please submit a VESCP application, not VSMP.
Rev. 3: Comment addressed.
The VSMP permit application and all plans may be resubmitted for approval when all comments have
been satisfactorily addressed. For re -submittals please provide 2 copies of the complete permit package
with a completed application form.
Engineering plan review staff are available from 2-4 PM on Thursdays, should you require a meeting to
discuss this review.
Process;
After approval, plans will need to be bonded. The bonding process is begun by submitting a bond estimate
request form and fee to the Department of Community Development. One of the plan reviewers will
prepare estimates and check parcel and easement information based on the approved plans. The County's
Management Analyst will prepare bond agreement forms, which will need to be completed by the owner
and submitted along with cash, certificates or sureties for the amounts specified. The agreements will need
to be approved and signed by the County Attorney and County Engineer. This may take 2-4 weeks to
obtain all the correct signatures and forms.
Stormwater Management Facilities Maintenance agreements will also need to be completed and recorded.
The County's Management Analyst or other staff will prepare the forms and check for ownership and
Engineering Review Comments
Page 3 of 3
signature information. The completed forms will need to be submitted along with court recording fees.
After bonding and agreements are complete, county staff will need to enter project information in a DEQ
database for state application processing. DEQ will review the application information based on local
VSMP authority approval. At this time, the DEQ portion of the application fees will need to be paid
directly to the state. For fastest processing, this is done electronically with the emails provided on the
application. DEQ should notify applicants with instructions on how to pay fees. When DEQ approves the
application, they will issue a permit coverage letter. This should be copied to the county.
After DEQ coverage is issued, via the coverage letter, the County can hold a pre -construction conference.
Applicants will need to complete the request for a pre -construction conference form, and pay the remainder
of the application fee. The form identifies the contractor and responsible land disturber, and the fee
remaining to be paid. This will be checked by county staff, and upon approval, a pre -construction
conference will be scheduled with the County inspector. At the pre -construction conference, should
everything proceed satisfactorily, a joint VSMP and grading permit will be issued by the County so that
work may begin.
County forms can be found on the county website forms center under engineering;
hllp://www.albemarle.ory/deptfon-ns.asp?department--cdenamTo
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
VSMP Permit plan review
Project title: Hark Winery Production Building
Project file number: WP0201800041
Plan preparer:
B. Clark Gathright, LLC [cgathright@dgarchs.com]
Owner or rep.:
Aaron Hark [ahark@maxient.com]
Plan received date:
29 May 2018
Rev. 1 received:
23 Jul 2018
Rev. 2 received:
15 Aug 2018
Date of comments:
29 June 2018
Rev. 1 comments:
10 Aug 2018
Rev. 2 comments:
24 Aug 2018
Reviewers:
Emily Cox
County Code section 17-410 and Virginia Code §62.1-44.15:34 requires the VSMP authority to
act on any VSMP permit by issuing a project approval or denial. This project is denied. The
rationale is given in the comments below. The application may be resubmitted for approval if all
of the items below are satisfactorily addressed. The VSMP application content requirements can
be found in County Code section 17-401.
A. Stormwater Pollution Prevention Plan (SWPPP)
The SWPPP content requirements can be found in County Code section 17-405. A SWPPP must
contain (1) a PPP, (2) an ESCP, (3) a SWMP, and (4) any TMDL measures necessary.
1. Ensure the latest plans are inserted into the SWPPP once approved. Rev. 1: SWPPP not required.
Per email dated July 27 from Frank Pohl, this plan is only subject to VESCP requirements.
B. Pollution Prevention Plan (PPP)
The PPP content requirements can be found in County Code section 17-404.
1. Ensure the latest plans are inserted into the PPP once approved. Rev. 1: SWPPP not required. Per
email dated July 27 from frank Pohl, this plan is only subject to VESCP requirements.
C. Stormwater Management Plan (SWMP)
VSMP Regulation 9VAC25-870-108 requires the VSMP authority to approve or disapprove a
SWMP. This plan is disapproved, and the reasons are provided in the comments below. The
stormwater management plan content requirements can be found in County Code section 17-403.
1. Rev. 1: SWPPP not required. Per email dated July 27 from Frank Pohl, this plan is only subject to
VESCP requirements.
Engineering Review Comments
Page 2 of 3
D. Erosion and Sediment Control Plan (ESCP)
Virginia Code §62.1-44.15:55 requires the VESCP authority to approve or disapprove an ESCP.
This plan is disapproved, and the reasons are provided in the comments below. The erosion control
plan content requirements can be found in County Code section 17-402.
1. Show dust control and temporary seeding on the E&S Plan. Rev. 1: Comment addressed.
2. Diversion dike should be directed to a sediment trap or basin during construction, not infiltration
trench or silt fence. Rev. 1: Comment addressed.
3. Show a stockpile and staging/laydown area on the plan. Rev. 1: Comment addressed.
4. Per the design standards manual, provide a paved wash rack construction entrance detail
(hlW://www.albemarle.org/upload/images/forms_center/departments/community development/for
ms/design_ standards_ manual/Albemarle _County _Design_ Standards_ Manual_ 2015-04-
25_draft.pdf) Rev. 1: Comment not addressed. Please provide this detail on the plans. Rev. 1:
Comment addressed.
5. Rev. 1: Contour elevations still don't agree with county GIS. Rev. 2: Comment not
addressed. 600 contours shown tie-ing into 400 contours.
6. Rev. 1: Show WPO # on the title page. Remove SWPPP Plan title. Rev. 2: Comment addressed.
7. Rev. 1: Show the drainage areas and total flow to the level spreaders to verify sizing and
spreader lip per E&S spec 3.21. Rev. 2: Drainage areas not provided. Show the drainage
area and the peak flow from a 10 year storm per the specification below.
https://www.deci.vir2inia.2ov/Portals/0/DEQ/Water/StormwaterManagement/Erosion Sedi
ment Control Handbook/Chapter%203%20-%203.21.pdf
8. Rev. 1: Provide everything for VESCH Plan, per County Code 17-402-C: 1-6. Rev. 2:
Comment addressed.
9. Rev. 2: Provided signed engineer's seal on Sheet 2.
10. Rev. 2: Per the email dated July 27, 2018, please submit a VESCP application, not VSMP.
The VSMP permit application and all plans may be resubmitted for approval when all comments have
been satisfactorily addressed. For re -submittals please provide 2 copies of the complete permit package
with a completed application form.
Engineering plan review staff are available from 2-4 PM on Thursdays, should you require a meeting to
discuss this review.
Process;
After approval, plans will need to be bonded. The bonding process is begun by submitting a bond estimate
request form and fee to the Department of Community Development. One of the plan reviewers will
prepare estimates and check parcel and easement information based on the approved plans. The County's
Management Analyst will prepare bond agreement forms, which will need to be completed by the owner
and submitted along with cash, certificates or sureties for the amounts specified. The agreements will need
to be approved and signed by the County Attorney and County Engineer. This may take 2-4 weeks to
obtain all the correct signatures and forms.
Stormwater Management Facilities Maintenance agreements will also need to be completed and recorded.
The County's Management Analyst or other staff will prepare the forms and check for ownership and
signature information. The completed forms will need to be submitted along with court recording fees.
After bonding and agreements are complete, county staff will need to enter project information in a DEQ
Engineering Review Comments
Page 3 of 3
database for state application processing. DEQ will review the application information based on local
VSMP authority approval. At this time, the DEQ portion of the application fees will need to be paid
directly to the state. For fastest processing, this is done electronically with the emails provided on the
application. DEQ should notify applicants with instructions on how to pay fees. When DEQ approves the
application, they will issue a permit coverage letter. This should be copied to the county.
After DEQ coverage is issued, via the coverage letter, the County can hold a pre -construction conference.
Applicants will need to complete the request for a pre -construction conference form, and pay the remainder
of the application fee. The form identifies the contractor and responsible land disturber, and the fee
remaining to be paid. This will be checked by county staff, and upon approval, a pre -construction
conference will be scheduled with the County inspector. At the pre -construction conference, should
everything proceed satisfactorily, a joint VSMP and grading permit will be issued by the County so that
work may begin.
County forms can be found on the county website forms center under engineering;
hlt2://www.albemarle.org/deptforins.asp?department--cdengMo
Emily Cox
From: Frank Pohl
Sent: Friday, July 27, 2018 4:51 PM
To: ahark@maxient.com
Cc: Emily Cox; Clark Gathright
Subject: RE: WPO201800041 Hark Winery Production Building - VSMP.
Mr. and Mrs. Hark,
I recall speaking with Clark about this project, but was not clear of the proposal before advising on the requirements.
I agree that this is exempt from the VSMP requirements (17-302 and 303). However, we do not agree it is exempt from
VESCP requirements (17-301). The exemptions in 17-303.13 include "Clearing of lands...". This has been determined to
include 'land disturbance or land disturbing activity'. So while the VSMP exemption includes 'land disturbance' for ag
activities/uses listed in the "ag land" definition, the exemptions under the VESCP regs (17-301) do not.
If you agree with this determination, please submit a new VESCP application (linked below) and we will process this as a
VESCP application. We will also process a refund for the difference in fees. We can still use the submitted plans to
continue our review.
http://www.albemarle.org/upload/images/forms center/departments/Community Development/forms/Engineering a
nd WPO Forms/WPO VESCP Virginia Erosion and Sediment Control Program Application.pdf
If you would like to discuss further, please let me know.
Sincerely,
Frank
Frank V. Pohl, PE, CFM
County Engineer
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 (ext. 7914)
From: Emily Cox
Sent: Wednesday, July 25, 2018 3:49 PM
To: Frank Pohl <fpohl@albemarle.org>
Subject: FW: WPO201800041 Hark Winery Production Building - VSMP.
Emily Cox, PE
Civil Engineer II
(434) 296-5832 Ext. 3565
401 McIntire Rd.
Charlottesivlle, VA 22902
www.albemarle.org
From: Aaron Hark <ahark@maxient.com>
Sent: Wednesday, July 25, 2018 3:47 PM
To: Emily Cox <ecox@albemarle.org>
Subject: RE: WPO201800041 Hark Winery Production Building - VSMP.
Hi Emily,
I'm sorry I've been delayed in writing this to you. As you know, I'd hoped that by taking that afternoon off work a couple
weeks ago to attend the office hours listed in the denial letter, we could present our concerns with this and discuss it. It
has been challenging in the weeks since to find additional time to try and put it all down in writing.
In short, our position is that our filing was in error and should be disregarded. We believe our engineer and project
manager had the best of intentions when they realized our total disturbed space would exceed 10,000 sgft, including
some farm road regrading and the building itself (7800 sqft), but they missed a critical distinction in what this building
is for and the land on which it sits. We believe the project we are proposing is exempt from the VESCP and VSMP under
Albemarle County Code.
My wife and I have planted approximately 14 acres of grapes over the last few years on our land. We are to a point
where it will soon no longer be feasible to pick the grapes and drive them somewhere else for storage and fermenting.
Our plan is to construct a metal building that will house our storage tanks, fruit bins, and farm equipment. If we were
growing apples, this would be an apple barn. If we were raising chickens, this would be a chicken coop. In viticulture, the
grapes we're growing have to be harvested to somewhere. By all measures, this is an ag building.
Section 17-301 of the Albemarle County Code lists land disturbing activities exempt from the VESCP, including section F,
which states in part, "Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot
operations, the construction of agricultural roads..."
Section 17-303 of the Albemarle County Code lists land disturbing activities exempt from the VSMP, including section B,
which states in part, "Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or
harvesting of agricultural horticultural, or forest crops..." and continues to include "construction of terraces, ... contour
furrowing, land drainage,...".
Section 17-205 of the Albemarle County Code defines agricultural land as that "used for horticulture, viticulture,
silviculture or other gardening which may involve the tilling of soil for the raising of crops, the keeping of livestock and/or
poultry, and/or agricultural industries or businesses, such as, but not limited to, orchards, fruit packing plants, dairies,
nurseries or wayside stands."
The Commonwealth and the County both recognize viticulture as an agricultural business. This building is our "fruit
packing plant". It is servicing and handling the products that are grown right there on the same parcel.
As you know, under Section 17-304(a), one of the first things the administrator is to determine is whether or not an
activity is exempt. Based on the citations I've provided above, and after reviewing this with local counsel, we believe this
activity is, in fact, exempt. Although our engineer has resubmitted the revised plans, I'd ask that you hold off on
reviewing them pending a response to this email.
You mentioned you would share this letter with Frank Pohl. We look forward to hearing from you all and then we'll
figure out a path forward from there.
Thank you in advance for your consideration,
Aaron and Candice Hark
From: Emily Cox [mailto:ecox@albemarle.org]
Sent: Monday, July 23, 2018 2:07 PM
To: Aaron Hark <ahark@maxient.com>
Subject: RE: WPO201800041 Hark Winery Production Building - VSMP.
Mr. Hark -
Just following up to this email and our meeting. I received revised plans for your site, but I didn't want to put them in the
queue to be reviewed until you had your question resolved if you were exempt or not. Please let me know.
Thanks,
Emily Cox, PE
Civil Engineer II
(434) 296-5832 Ext. 3565
401 McIntire Rd.
Charlottesivlle, VA 22902
www.albemarle.org
From: Emily Cox
Sent: Thursday, July 12, 2018 3:24 PM
To: 'ahark@maxient.com'<ahark@maxient.com>
Subject: WPO201800041 Hark Winery Production Building - VSMP.
Mr. Hark -
It was nice to meet you this afternoon. My contact information is below so you can send the information we discussed.
Thanks,
Emily Cox, PE
Civil Engineer II
(434) 296-5832 Ext. 3565
401 McIntire Rd.
Charlottesivlle, VA 22902
www.albemarle.org
3
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
VSMP Permit plan review
Project title: Hark Winery Production Building
Project file number: WP0201800041
Plan preparer:
B. Clark Gathright, LLC [cgathright@dgarchs.com]
Owner or rep.:
Aaron Hark [ahark@maxient.com]
Plan received date:
29 May 2018
Rev. 1 received:
23 Jul 2018
Date of comments:
29 June 2018
Rev. 1 comments:
10 Aug 2018
Reviewers:
Emily Cox
County Code section 17-410 and Virginia Code §62.1-44.15:34 requires the VSMP authority to
act on any VSMP permit by issuing a project approval or denial. This project is denied. The
rationale is given in the comments below. The application may be resubmitted for approval if all
of the items below are satisfactorily addressed. The VSMP application content requirements can
be found in County Code section 17-401.
A. Stormwater Pollution Prevention Plan (SWPPP)
The SWPPP content requirements can be found in County Code section 17-405. A SWPPP must
contain (1) a PPP, (2) an ESCP, (3) a SWMP, and (4) any TMDL measures necessary.
1. Ensure the latest plans are inserted into the SWPPP once approved. Rev. 1: SWPPP not required.
Per email dated July 27 from Frank Pohl, this plan is only subject to VESCP requirements.
B. Pollution Prevention Plan (PPP)
The PPP content requirements can be found in County Code section 17-404.
1. Ensure the latest plans are inserted into the PPP once approved. Rev. 1: SWPPP not required. Per
email dated July 27 from frank Pohl, this plan is only subject to VESCP requirements.
C. Stormwater Management Plan (SWMP)
VSMP Regulation 9VAC25-870-108 requires the VSMP authority to approve or disapprove a
SWMP. This plan is disapproved, and the reasons are provided in the comments below. The
stormwater management plan content requirements can be found in County Code section 17-403.
1. Rev. 1: SWPPP not required. Per email dated July 27 from Frank Pohl, this plan is only subject to
VESCP requirements.
D. Erosion and Sediment Control Plan (ESCP)
Virginia Code §62.1-44.15:55 requires the VESCP authority to approve or disapprove an ESCP.
Engineering Review Comments
Page 2 of 3
This plan is disapproved, and the reasons are provided in the comments below. The erosion control
plan content requirements can be found in County Code section 17-402.
1. Show dust control and temporary seeding on the E&S Plan. Rev. 1: Comment addressed.
2. Diversion dike should be directed to a sediment trap or basin during construction, not infiltration
trench or silt fence. Rev. 1: Comment addressed.
3. Show a stockpile and staging/laydown area on the plan. Rev. 1: Comment addressed.
4. Per the design standards manual, provide a paved wash rack construction entrance detail
(htti)://www.albemarle.org/upload/images/forms center/departments/community developm
ent/forms/design standards manual/Albemarle County Design Standards Manual 2015-
04-25 draft.pdf) Rev. 1: Comment not addressed. Please provide this detail on the plans.
5. Rev. 1: Contour elevations still don't agree with county GIS.
6. Rev. 1: Show WPO # on the title page. Remove SWPPP Plan title.
7. Rev. 1: Show the drainage areas and total flow to the level spreaders to verify sizing and
spreader lip per E&S spec 3.21.
https://www.deci.vir2inia.2ov/Portals/0/DEO/Water/StormwaterManagement/Erosion Sedi
ment Control Handbook/Chapter%203%20-%203.21.pdf
8. Rev. 1: Provide everything for VESCH Plan, per County Code 17-402-C: 1-6.
The VSMP permit application and all plans may be resubmitted for approval when all comments have
been satisfactorily addressed. For re -submittals please provide 2 copies of the complete permit package
with a completed application form.
Engineering plan review staff are available from 2-4 PM on Thursdays, should you require a meeting to
discuss this review.
Process;
After approval, plans will need to be bonded. The bonding process is begun by submitting a bond estimate
request form and fee to the Department of Community Development. One of the plan reviewers will
prepare estimates and check parcel and easement information based on the approved plans. The County's
Management Analyst will prepare bond agreement forms, which will need to be completed by the owner
and submitted along with cash, certificates or sureties for the amounts specified. The agreements will need
to be approved and signed by the County Attorney and County Engineer. This may take 2-4 weeks to
obtain all the correct signatures and forms.
Stormwater Management Facilities Maintenance agreements will also need to be completed and recorded.
The County's Management Analyst or other staff will prepare the forms and check for ownership and
signature information. The completed forms will need to be submitted along with court recording fees.
After bonding and agreements are complete, county staff will need to enter project information in a DEQ
database for state application processing. DEQ will review the application information based on local
VSMP authority approval. At this time, the DEQ portion of the application fees will need to be paid
directly to the state. For fastest processing, this is done electronically with the emails provided on the
application. DEQ should notify applicants with instructions on how to pay fees. When DEQ approves the
application, they will issue a permit coverage letter. This should be copied to the county.
After DEQ coverage is issued, via the coverage letter, the County can hold a pre -construction conference.
Applicants will need to complete the request for a pre -construction conference form, and pay the remainder
Engineering Review Comments
Page 3 of 3
of the application fee. The form identifies the contractor and responsible land disturber, and the fee
remaining to be paid. This will be checked by county staff, and upon approval, a pre -construction
conference will be scheduled with the County inspector. At the pre -construction conference, should
everything proceed satisfactorily, a joint VSMP and grading permit will be issued by the County so that
work may begin.
County forms can be found on the county website forms center under engineering;
http://www.albemarle. org/deptforms.asp?department=cdengwno
Emily Cox
From: Frank Pohl
Sent: Friday, July 27, 2018 4:51 PM
To: ahark@maxient.com
Cc: Emily Cox; Clark Gathright
Subject: RE: WPO201800041 Hark Winery Production Building - VSMP.
Mr. and Mrs. Hark,
I recall speaking with Clark about this project, but was not clear of the proposal before advising on the requirements.
I agree that this is exempt from the VSMP requirements (17-302 and 303). However, we do not agree it is exempt from
VESCP requirements (17-301). The exemptions in 17-303.13 include "Clearing of lands...". This has been determined to
include 'land disturbance or land disturbing activity'. So while the VSMP exemption includes 'land disturbance' for ag
activities/uses listed in the "ag land" definition, the exemptions under the VESCP regs (17-301) do not.
If you agree with this determination, please submit a new VESCP application (linked below) and we will process this as a
VESCP application. We will also process a refund for the difference in fees. We can still use the submitted plans to
continue our review.
http://www.albemarle.org/upload/images/forms center/departments/Community Development/forms/Engineering a
nd WPO Forms/WPO VESCP Virginia Erosion and Sediment Control Program Application.pdf
If you would like to discuss further, please let me know.
Sincerely,
Frank
Frank V. Pohl, PE, CFM
County Engineer
401 McIntire Road
Charlottesville, VA 22902
434-296-5832 (ext. 7914)
From: Emily Cox
Sent: Wednesday, July 25, 2018 3:49 PM
To: Frank Pohl <fpohl@albemarle.org>
Subject: FW: WPO201800041 Hark Winery Production Building - VSMP.
Emily Cox, PE
Civil Engineer II
(434) 296-5832 Ext. 3565
401 McIntire Rd.
Charlottesivlle, VA 22902
www.albemarle.org
From: Aaron Hark <ahark@maxient.com>
Sent: Wednesday, July 25, 2018 3:47 PM
To: Emily Cox <ecox@albemarle.org>
Subject: RE: WPO201800041 Hark Winery Production Building - VSMP.
Hi Emily,
I'm sorry I've been delayed in writing this to you. As you know, I'd hoped that by taking that afternoon off work a couple
weeks ago to attend the office hours listed in the denial letter, we could present our concerns with this and discuss it. It
has been challenging in the weeks since to find additional time to try and put it all down in writing.
In short, our position is that our filing was in error and should be disregarded. We believe our engineer and project
manager had the best of intentions when they realized our total disturbed space would exceed 10,000 sgft, including
some farm road regrading and the building itself (7800 sqft), but they missed a critical distinction in what this building
is for and the land on which it sits. We believe the project we are proposing is exempt from the VESCP and VSMP under
Albemarle County Code.
My wife and I have planted approximately 14 acres of grapes over the last few years on our land. We are to a point
where it will soon no longer be feasible to pick the grapes and drive them somewhere else for storage and fermenting.
Our plan is to construct a metal building that will house our storage tanks, fruit bins, and farm equipment. If we were
growing apples, this would be an apple barn. If we were raising chickens, this would be a chicken coop. In viticulture, the
grapes we're growing have to be harvested to somewhere. By all measures, this is an ag building.
Section 17-301 of the Albemarle County Code lists land disturbing activities exempt from the VESCP, including section F,
which states in part, "Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot
operations, the construction of agricultural roads..."
Section 17-303 of the Albemarle County Code lists land disturbing activities exempt from the VSMP, including section B,
which states in part, "Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or
harvesting of agricultural horticultural, or forest crops..." and continues to include "construction of terraces, ... contour
furrowing, land drainage,...".
Section 17-205 of the Albemarle County Code defines agricultural land as that "used for horticulture, viticulture,
silviculture or other gardening which may involve the tilling of soil for the raising of crops, the keeping of livestock and/or
poultry, and/or agricultural industries or businesses, such as, but not limited to, orchards, fruit packing plants, dairies,
nurseries or wayside stands."
The Commonwealth and the County both recognize viticulture as an agricultural business. This building is our "fruit
packing plant". It is servicing and handling the products that are grown right there on the same parcel.
As you know, under Section 17-304(a), one of the first things the administrator is to determine is whether or not an
activity is exempt. Based on the citations I've provided above, and after reviewing this with local counsel, we believe this
activity is, in fact, exempt. Although our engineer has resubmitted the revised plans, I'd ask that you hold off on
reviewing them pending a response to this email.
You mentioned you would share this letter with Frank Pohl. We look forward to hearing from you all and then we'll
figure out a path forward from there.
Thank you in advance for your consideration,
Aaron and Candice Hark
From: Emily Cox [mailto:ecox@albemarle.org]
Sent: Monday, July 23, 2018 2:07 PM
To: Aaron Hark <ahark@maxient.com>
Subject: RE: WPO201800041 Hark Winery Production Building - VSMP.
Mr. Hark -
Just following up to this email and our meeting. I received revised plans for your site, but I didn't want to put them in the
queue to be reviewed until you had your question resolved if you were exempt or not. Please let me know.
Thanks,
Emily Cox, PE
Civil Engineer II
(434) 296-5832 Ext. 3565
401 McIntire Rd.
Charlottesivlle, VA 22902
www.albemarle.org
From: Emily Cox
Sent: Thursday, July 12, 2018 3:24 PM
To: 'ahark@maxient.com'<ahark@maxient.com>
Subject: WPO201800041 Hark Winery Production Building - VSMP.
Mr. Hark -
It was nice to meet you this afternoon. My contact information is below so you can send the information we discussed.
Thanks,
Emily Cox, PE
Civil Engineer II
(434) 296-5832 Ext. 3565
401 McIntire Rd.
Charlottesivlle, VA 22902
www.albemarle.org
3
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
VSMP Permit plan review
Project title:
Hark Winery Production Building
Project file number:
WP0201800041
Plan preparer:
B. Clark Gathright, LLC [cgathright@dgarchs.com]
Owner or rep.:
Aaron Hark [ahark@maxient.com]
Plan received date:
29 May 2018
Date of comments:
29 June 2018
Reviewers:
Emily Cox
County Code section 17-410 and Virginia Code §62.1-44.15:34 requires the VSMP authority to
act on any VSMP permit by issuing a project approval or denial. This project is denied. The
rationale is given in the comments below. The application may be resubmitted for approval if all
of the items below are satisfactorily addressed. The VSMP application content requirements can
be found in County Code section 17-401.
A. Stormwater Pollution Prevention Plan (SWPPP)
The SWPPP content requirements can be found in County Code section 17-405. A SWPPP must
contain (1) a PPP, (2) an ESCP, (3) a SWMP, and (4) any TMDL measures necessary.
1. Ensure the latest plans are inserted into the SWPPP once approved.
B. Pollution Prevention Plan (PPP)
The PPP content requirements can be found in County Code section 17-404.
1. Ensure the latest plans are inserted into the PPP once approved.
C. Stormwater Management Plan (SWMP)
VSMP Regulation 9VAC25-870-108 requires the VSMP authority to approve or disapprove a
SWMP. This plan is disapproved, and the reasons are provided in the comments below. The
stormwater management plan content requirements can be found in County Code section 17-403.
1. Provide title on the first page. Should include WP0201800041.
2. Separate SWM plan from E&S plan. SWM should have its own standalone sheet.
3. Show final grading to the infiltration trench.
4. The minimum PVC pipe size is 12". 4" is likely to be clogged or crushed.
5. Confirm contour elevations. County GIS is showing elevations in the 600's. This plan shows
them in the 400's. Provide date and source of topographic information.
6. Provide infiltration testing for proposed infiltration trench..
7. Ensure all design items in VA DEQ specification No. 8 are met (pretreatment, etc).
https://www.vwrrc.vt.edu/swc/documents/2013/DEQ%20BMP%20Spec%2ONo%208_INFILTRA
Engineering Review Comments
Page 2 of 3
TION _Final%20Draft_vl-9 03012011.pdf
8. Per the specification above, show the calculations for sizing of the infiltration facility (section 6.2).
9. Provide infiltration maintenance requirements on the plan (table 8.9 from above specification)
10. Stormwater management maintenance agreement must be executed before plan can be approved.
Contact Ana Kilmer at the County to start this process.
11. SWM facility easement should be shown around the infiltration trench. This will need a plat and a
deed.
D. Erosion and Sediment Control Plan (ESOP)
Virginia Code §62.1-44.15:55 requires the VESCP authority to approve or disapprove an ESCP.
This plan is disapproved, and the reasons are provided in the comments below. The erosion control
plan content requirements can be found in County Code section 17-402.
1. Show dust control and temporary seeding on the E&S Plan.
2. Diversion dike should be directed to a sediment trap or basin during construction, not infiltration
trench or silt fence.
3. Show a stockpile and staging/laydown area on the plan.
4. Per the design standards manual, provide a paved wash rack construction entrance detail
(http://www.albemarle.org/upload/images/fonns_center/departments/community development/for
ms/design standards_ manual/Albemarle_County D_ esigg Standards_ Manual_ 2015-04-
25_draft.pdf)
The VSMP permit application and all plans may be resubmitted for approval when all comments have
been satisfactorily addressed. For re -submittals please provide 2 copies of the complete permit package
with a completed application form.
Engineering plan review staff are available from 2-4 PM on Thursdays, should you require a meeting to
discuss this review.
Process;
After approval, plans will need to be bonded. The bonding process is begun by submitting a bond estimate
request form and fee to the Department of Community Development. One of the plan reviewers will
prepare estimates and check parcel and easement information based on the approved plans. The County's
Management Analyst will prepare bond agreement forms, which will need to be completed by the owner
and submitted along with cash, certificates or sureties for the amounts specified. The agreements will need
to be approved and signed by the County Attorney and County Engineer. This may take 2-4 weeks to
obtain all the correct signatures and forms.
Stormwater Management Facilities Maintenance agreements will also need to be completed and recorded.
The County's Management Analyst or other staff will prepare the forms and check for ownership and
signature information. The completed forms will need to be submitted along with court recording fees.
After bonding and agreements are complete, county staff will need to enter project information in a DEQ
database for state application processing. DEQ will review the application information based on local
VSMP authority approval. At this time, the DEQ portion of the application fees will need to be paid
directly to the state. For fastest processing, this is done electronically with the emails provided on the
application. DEQ should notify applicants with instructions on how to pay fees. When DEQ approves the
Engineering Review Comments
Page 3 of 3
application, they will issue a permit coverage letter. This should be copied to the county.
After DEQ coverage is issued, via the coverage letter, the County can hold a pre -construction conference.
Applicants will need to complete the request for a pre -construction conference form, and pay the remainder
of the application fee. The form identifies the contractor and responsible land disturber, and the fee
remaining to be paid. This will be checked by county staff, and upon approval, a pre -construction
conference will be scheduled with the County inspector. At the pre -construction conference, should
everything proceed satisfactorily, a joint VSMP and grading permit will be issued by the County so that
work may begin.
County forms can be found on the county website forms center under engineering;
http://www.albemarle. org/deptforms.asp?department=cdengwno