PUBLIC HEARING REQUEST

Owner/Applicant:                                 Board of Supervisors Meeting Date:

Marsh Run Generation, LLC                                         May 19, 2003

(Old Dominion Electric Cooperative)

Staff Lead:                                                                 Department:

Robert C. Counts                                                         Community Development

Magisterial District: Lee                                           PIN(s):

Service District: None                              6898-21-1913-000, 6897-19-0471-000,

                                                                                    and 6897-26-4438-000

Topic:                                                                                                                             

SEA03-L-12 and SE03-L-28: An amendment to SE00-L-17 and a Category 23 Special Exception to allow use in a floodplain, Marsh Run Generation, LLC (Old Dominion Electric Cooperative), Applicant.                    

Topic Description:

This report covers two topics: SEA03-L-12 and SE03-L-28. The first is an amendment to an existing Special Exception to allow for access via a private road and some minor changes to other Special Exception conditions. The second is a new Category 23 Special Exception to allow the crossing of a flood plain in order to construct the private road.

SEA03-L-12

On October 15, 2001 , the Fauquier County Board of Supervisors approved SE00-L-17 and CPA00-L-03. The Special Exception allowed the construction of the Marsh Run Peak Generation Facility. The Comprehensive Plan Amendment incorporated an electric utility feature and extension of a water line from the Remington Waste Water Treatment Plant to the Project.

The current Marsh Run Special Exception allows the applicant two options for vehicular access between the Project and Lucky Hill Road (State Route 655).  The first option allows the access through Dominion/Virginia Power’s Remington Power Station. In the event that the Virginia Power access cannot “occur due to environmental or other unanticipated constraints,” the Special Exception provides for the alternative use of Old Grassdale Road .  The Virginia Power access route is preferred as it will minimize the impact on the residences located on Old Grassdale Road and the residential subdivisions that are located near the intersection of Lucky Hill Road and Old Grassdale Road . 

In order to avoid a major floodplain crossing, the Virginia Power access route has been modified to cross through another adjacent property identified by PIN: 6897-19-0471-000 and known as the Leepson property. This modification, while not altering the concept of access to the Marsh Run site via the Virginia Power site, is significantly different from the access originally approved as to require an amendment to SE00-L-17.

In addition to a modification of the route of access to the generation facility, the applicant is also seeking two revisions to the Special Exception conditions. The first requested amendment to Special Exception #SE00-L17 will allow Old Dominion Electric Cooperative (ODEC) and the Fauquier County Water and Sanitation Authority (WSA) additional time to reach an agreement on the use of effluent water as a cooling agent at the generation plant.

Currently, Condition 15 To Special Exception #SE00-L17 reads as follows:

15. Prior to submitting the site plan for County review and action, the Applicant shall complete an executed agreement with the Fauquier County Water and Sanitation Authority (WSA) regarding the construction of lines conveying treated effluent to the peaking facility and returning product water to the Remington Wastewater Treatment Facility, the quantity of effluent to be used, and associated topics (emphasis added).

The applicant is requesting that Condition 15 be amended as follows:

15.       Prior to September 1, 2003, the Applicant shall complete an executed agreement with the Fauquier County Water and Sanitation Authority (WSA) regarding the construction of lines conveying treated effluent to the peaking facility and returning product water to the Remington Wastewater Treatment Facility, the quantity of effluent to be used, and associated topics (emphasis added).

The second requested amendment is a modification to Condition 25, originally requested by VDOT. The condition relates to the authorization to use public roadways to bring equipment and materials on to the site. The change reflects a minor change in the timing of this authorization.

Currently, Condition 25 To Special Exception #SE00-L17 reads as follows:

25.  The Applicant must, prior to obtaining the soils disturbance permit, obtain the VDOT Entrance Permit and Hauling Permit, which will cover the transportation of the turbine units and associated equipment over public roads.  The Applicant shall be required to repair any damage to public roads resulting from construction traffic and deliveries, if VDOT so requests (emphasis added).

Due to the short duration of an Entrance and Hauling Permit (these permits are normally only issued for 2-3 weeks), and the uncertainty of the exact date when a soils disturbance permit will be obtained, the Applicant is requesting that Condition 25 be amended as follows:

25.  The Applicant shall must, prior to obtaining the soils disturbance permit obtain the VDOT Entrance Permit and Hauling Permit, which will cover the transportation of the turbine units and associated equipment over public roads.  The Applicant shall be required to repair any damage to public roads resulting from construction traffic and deliveries, if VDOT so requests (emphasis added).

SE03-L-28

The Applicant is also requesting a Category 23 Special Exception to allow the crossing of a floodplain. The realignment of the access road across the Leepson property requires a minor crossing of the FEMA designated floodplain. The entire access road across the Virginia Power site and through the Leepson property is shown on Attachment 1. A detail of the floodplain crossing on the Leepson property (PIN: 6897-19-0471-000) is shown on Attachment 2.

Location, Zoning, and Land Use:     

The location of the affected properties is shown on the following graphic. The proposed access point is off Lucky Hill Road through the Virginia Power site. The property is zoned RA as are the properties to the north, east and south. Properties to the west are in the R-1 zoning district and are sparsely developed with residential structures.                             

Action Requested of the Board of Supervisors:

The Board of Supervisors is requested to conduct a public hearing and take action on SEA03-L-12 and SE03-L-28. Two resolutions, reflecting the Planning Commission’s recommendations of approval, are included for the Board’s consideration.

Staff Analysis:

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff and referral agency findings, comments, and recommendations are summarized below.

The Comprehensive Plan

The requested actions are consistent with the Comprehensive Plan Amendment approved by the Board of Supervisors for the purpose of facilitating the electric generation facility.

Requirements of the Zoning Ordinance

Section 5-2301 of the Zoning Ordinance provides standards for all Category 23 uses. These standards include: 

  1. No such use shall cause an increase in the level of flooding or velocity of floodwaters.
  2. No such use shall create a potential hazard of debris subject to movement by floodwaters, which might cause damage downstream.
  3. The John Marshall Soil and Water Conservation District shall be given the opportunity to comment on such uses.
  4. The Applicant shall have obtained and presented evidence attesting any applicable approvals by State and Federal authorities concerning such a use.
  5. Materials and equipment stored in the floodplain shall not be buoyant, flammable or explosive, and shall not be subject to major damage by flooding or such materials and equipment must be firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.
  6.  Special exceptions shall only be issued after the Board of Supervisors has determined that the granting of such will not result in (a) unacceptable or prohibited increase in flood heights, (b) additional threats to public safety, (c) extraordinary public expense, (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local law or ordinances.
  7. Special exceptions shall only be issued after the Board of Supervisors has determined that the special exception will be necessary to provide the Applicant with reasonable use of the parcel of land in question, taken as a whole.
  8. The Zoning Administrator shall notify the Applicant for a special exception in writing, at the time of filing, that the issuance of a special exception to construct a structure below the one hundred (100) year flood elevation (a) will increase risks to life and property, and (b) will result in increased premium rates for flood insurance.
  9. A record of the above notification as well as all special exception actions, including justification for their issuance, shall be maintained and any special exceptions which are issued shall be noted in the annual report submitted to the Federal Insurance Administrator.

Engineering Considerations

The Engineering Division has reviewed this application and has provided the following comments:

1.      The difference between the Virginia Power August 17, 2000 LOMR FEMA limits and the floodplain limits shown as “existing 100-year floodplain” appear to be topography related.  The FEMA limits are based on 5’ contour County flown topography whereas the “existing limits” are based on 2’ contour field run topography.  The “existing 100-year floodplain” is the water surface elevation from the August 17, 2000 LOMR plotted on the field run topography.  This should represent a more accurate floodplain limit.

2.      The Applicant should be required to obtain a revised LOMR reflecting the more accurate floodplain limit.

3.      There appears to be some type of landscape buffer (possibly required by the Virginia Power Site Plan) in this area.  Provisions must be made to avoid this area or replace the buffer if it is disturbed.

Transportation

VDOT has reviewed this application and has no issues with the location of the proposed access point. VDOT also concurs with the requested rewording of Condition 25 of Special Exception SE00-L-17.

Summary and Planning Commission Recommendation:

The requested actions essentially represent refinements of a concept previously approved by the Board of Supervisors. As actual construction approaches, the Applicant has encountered obstacles that make it necessary to address both alignment and timing issues not contemplated at the time of the original Special Exception.

With regard to SEA03-L-12, staff and the Planning Commission find that the requested realignment of the access road and the proposed modifications to Conditions 15 and 25 are each consistent with the original concept and intent of Special Exception SE00-L-17. Accordingly, staff recommended that the Planning Commission forward SEA03-L-12 to the Board of Supervisors with a recommendation of approval. In addition, the Planning Commission has also recommended a change to Condition 18 of SE00-L-17. The suggested language is as follows:

18. The applicant shall work with Fauquier County environmental organizations and public schools in development and establishment of planned wildlife habitats, wildlife observation areas, including boardwalks and other associated viewing areas within the established woodland field and marsh environment, consistent with state and federal regulations. As part of the planning for such wildlife preservation areas, the applicant shall endeavor to create areas that may serve as hunting preserves, assuring that such hunting areas are compatible with and complementary to the other preserved natural areas.

With regard to SE03-L-28, staff had identified some inconsistencies with the data relating to the actual location and extent of the floodplain. Upon additional review, the Engineering staff has concluded that the greater level of detail used in the Applicant’s calculations has provided a more accurate identification of the floodplain than that shown on current FEMA maps. Accordingly, staff and the Planning Commission have concluded that the proposed floodplain crossing does not impose any significant change to the floodplain. The Engineering staff has, however, requested that the Applicant seek a Letter of Map Revision (LOMR) from FEMA to update floodplain data for this area.

Based on the foregoing analysis, the Planning Commission has forwarded SE03-L-28 to the Board of Supervisors with a recommendation of approval subject to the following conditions:

1.      The Applicant shall obtain a revised LOMR reflecting the more accurate floodplain limit.

2.      The Applicant shall consolidate the two adjacent entrances to the Virginia Power property into a single access point on Lucky Hill Road .

3.      The Applicant shall determine buffering requirements on the Virginia Power property and take action to assure that the buffer is either preserved or restored if damaged during road construction.

Attachments:

1.     Proposed Access Road Layout

2.      Floodplain Crossing Detail

3.      Resolution Approving SEA03-L-12

4.      Resolution Approving SE03-L-28