WQIA-008-04. Michelle Point
Staff report for the August 11, 2004 Chesapeake Bay Board public hearing.
This staff report is prepared by the James City County Environmental Division to provide information to the Chesapeake Bay Board to assist them in making a recommendation on this assessment. It may be useful to members of the general public interested in this assessment.
Applicant:Mr. Charles Newbaker, L.S. of C. E. Newbaker Inc.
Land Owner:Michelle Point, LLC
Location: 9001 Barhamsville Road
Tax Map: (12-1)(1-3)
Staff Contact: Darryl Cook - 253-6673
Mr. Charles Newbaker, L.S. of C. E. Newbaker Inc. has applied on behalf of Michelle Point, LLC, for an exception to the Chesapeake Bay Preservation ordinance for impacts associated with the Michelle Point project. The project is generally located on the western side of Route 30 across from Stonehouse Industrial Park, just north of the Burnham Woods subdivision.
For the purposes of constructing a required stormwater management facility and sanitary sewer gravity main and pumping station, Michelle Point is proposing 2.56 acres of total encroachment into the resource protection area (RPA).
Michelle Point, LLC submitted a master plan to the Planning Division in May 2004. DRC approved the master plan for the development at the July 7th meeting, after the plan preparer and applicant addressed all concerns pertaining to perennial stream locations, stormwater management requirements, and erosion and sediment control objectives which stemmed from the May 21 DRC meeting where the plan was originally deferred.
One of the conditions for approval of the master plan was that the site would accept and treat stormwater in two stormwater management ponds located onsite.
A site specific perennial stream evaluation revealed that two perennial streams existed on the parcel, and because the plan for this project was not submitted prior January 1, 2004, the project is not grandfathered from the revised Chesapeake Bay Preservation Ordinance. Because of this, a Resource Protection Area (RPA) buffer of 100 feet has been imposed on either side of the streams and contiguous wetlands. Because of these site restrictions, one of the stormwater management facilities, which will handle the majority of stormwater runoff for the site, has been proposed for installation in the headwaters of the eastern most perennial stream. The construction of this basin will permanently inundate approximately 350 linear feet the associated perennial stream and effectively relocate the RPA feature to the BMP outfall.
Under Section 23-11 of the new Ordinance, it states that a water quality impact assessment shall be required for any proposed land disturbance resulting from development or redevelopment within RPAs. Michelle Point, LLC has submitted this assessment for their project. The issue before the Chesapeake Bay Board is the impacts (clearing and grading) associated with the construction of sanitary sewer items and a stormwater management facility.
Water Quality Impact Assessment
The total impacts to the RPA for this project are approximately 2.56 acres and encompass the construction of a sanitary sewer pumping station and gravity main, and a stormwater management facility. Impacts associated with the installation of the sanitary sewer pumping station (0.02 acre) will be an administrative review and are not covered under the Board exception approval. Impacts associated with the installation of the sanitary sewer gravity main will cover approximately 0.10 acres, while impacts associated with the construction of a stormwater management facility will cover 2.44 acres. Therefore, the total RPA impact before the Board for approval is 2.54 acres. To mitigate for environmental impacts, the project will use the following: erosion control type 3 blanket matting to stabilize all slopes facing the RPA and those associated with the construction of the stormwater management facilities; stilling basins, to reduce outfall velocities from the stormwater management facilities, will be constructed at the outfalls of both BMPs; RPA restoration, in accordance with the 2003 Chesapeake Bay Local Assistance Department guidelines, will be conducted in all permissible areas around the BMP embankment located on the eastern portion of the site; additional treatment of 10.6 acres of currently uncontrolled offsite stormwater will be incorporated into the design of the onsite stormwater management facilities; additional plantings to increase BMP efficiencies will be installed on the eastern most BMP; and a conservation seed mix will be used on the downstream sides of all BMP embankments.
C. E. Newbaker, Inc., has submitted the required information as outlined in the James City County Water Quality Impact Assessment Guidelines. The Board is to determine whether or not the proposed development is consistent with the spirit and intent of the Ordinance and make a finding based upon the following criteria, as outlined in Section 23-14(c):
- The exception request is the minimum necessary to afford relief;
- Granting the exception will not confer upon the applicant any special privileges denied by this chapter to other property owners similarly situated in the vicinity;
- The exception request will be in harmony with the purpose and intent of this chapter, and is not of substantial detriment to water quality;
- The exception request is not based on conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels; and
- Reasonable and appropriate conditions are imposed which will prevent the exception request from causing degradation of water quality.