WQIA-005-04. Norge Neighborhood
Staff report for the
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. V. Marc Bennett, P.E. of AES Consulting Engineers, Inc.
Land Owner: Norge Neighborhood, LLC
Tax Map: (23-2)(01-0-0050)
Staff Contact: Michael Woolson - 253-6823
Mr. Marc Bennett of AES Consulting Engineers has applied on behalf on Norge Neighborhood, LLC, for an exception to the Chesapeake Bay Preservation ordinance for impacts associated with the Norge Neighborhood project. The project is generally located north of the Williamsburg Dodge dealership and Colonial Heritage development; south of the Kristiansand subdivision; and west of Route 60.
Norge Neighborhood proposed to encroach into the Resource Protection Area by approximately 0.50 acres for the construction of a stream restoration, clearing and grading, stormwater management facility and sanitary sewer construction.
Norge Neighborhood, LLC submitted a master plan and rezoning request to the Planning Division in September 2003. County staff, including the Environmental Division, approved the rezoning request in early January 2004 and the Board of Supervisors approved the project on
As the site plan for this project was not submitted prior
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. Norge Neighborhood, 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 and a stormwater management facility. The impacts associated with the stream restoration, while included in this assessment, will be handled administratively.
Water Quality Impact Assessment
The total impacts to the RPA for this project are approximately 0.55 acres and encompass the construction of a stream restoration, sanitary sewer connection and stormwater management facility. Impact 1 (0.10 acre) will be an administrative review and is not covered under the Board exception approval. Impact 2 will cover 0.20 acre; impact 3 will cover 0.25 acre; so the total RPA impact before the Board for approval is 0.45 acre. To mitigate for environmental impacts, the project will use erosion control type 3 blanket to stabilize all slopes facing the RPA, a timber wall BMP structure, 2 bioretention filter BMP’s, additional Natural Open Space dedications, a shared BMP with the Williamsburg Dodge dealership, additional RPA plantings, the use of a conservation seed mix within the disturbed portion of the RPA, and stream restoration of a severely eroded stream channel.
AES Consulting Engineers, 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 a degradation of water quality.
Staff finds that the WQIA and the project are consistent with the spirit and intent of the Ordinance and the criteria as outlined in section 23-14(c). Staff recommends that the Chesapeake Bay Board approve the WQIA as it pertains to this project only, except that the area to be replanted downstream of impact 2 be increased from 0.18 acres to a maximum of 0.20 acres. Furthermore, all other recommendations listed therein are to be incorporated into the site plans for the project, which must then be approved by the Environmental Division. This exception request approval shall become null and void if construction has not begun by
_______________ Michael Woolson
1. Norge Neighborhood Project Water Quality Impact Assessment