RESOLUTION

A RESOLUTION TO APPROVE A Category 23 Special Exception (SPEX09-MA-016) to Allow For the Construction of a Private Pond For Agricultural Use Within the Federal Emergency Management Agency (FEMA) 100-Year Floodplain

WHEREAS, Cliff Mills, LLC, owner and John A. Ennis, Jr., applicant, are seeking Special Exception approval to build an approximately 4.2 acre size private pond, for agricultural use, to provide a water source for agricultural crops, including but not limited to grapes and trees; and

WHEREAS, the pond will be located on PIN 6954-34-2130-000 within the FEMA 100-year floodplain and requires Category 23 Special Exception approval to allow construction; and

WHEREAS, on March 26, 2009 the Fauquier County Planning Commission held a public hearing on the proposed Special Exception and unanimously recommended approval of the application, subject to conditions; and

WHEREAS, on May 14, 2009, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006 and 5-2300; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 14th day of May 2009, That SPEX09-MA-016 be, and is hereby, approved, subject to the following conditions:

1.                  This Special Exception is granted for and runs with the land, identified as PIN # 6954-34-2130-000, as indicated in this application and is not transferable to other land.

2.                  This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat sealed on February 9, 2009 as approved with this application; as qualified by these development conditions; and as granted only for the purpose and use indicated in the Statement of Justification for an agricultural pond in the floodplain.

3.                  A Zoning Permit shall be required.

4.                  A drainage study shall be provided demonstrating that the construction within the floodplain will not adversely affect the capacity of the channels of any water course, which would increase flood heights and/or velocities on adjacent or downstream properties.

5.                  The applicant shall assure that all applicable environmental permits have been acquired.  This includes the USACE/DEQ permits for disturbance of wetlands or other regulated waters.

6.                  The height of the dam shall be lowered to the extent necessary to meet the Zoning Ordinance requirement for a minimum 50 foot setback of the 100-year flood pool elevation from the property line.

7.                  For water quality Best Management Practices (BMP) a vegetated buffer shall be established and maintained around the perimeter of the pond and along the stream channel directly upstream and downstream of the pond.

8.                  For agricultural BMP and water quality, the pond shall be fenced such that cattle do not have direct access to it.

                                                                                    A Copy Teste 

                                                                                    Paul S. McCulla
                                                                                    Clerk to the Board of Supervisors

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