RESOLUTION

A RESOLUTION TO APPROVE SEA03-L-12 TO AMEND A PREVIOUSLY APPROVED SPECIAL EXCEPTION (#SE00-L-17) TO ALLOW FOR SOME MINOR REVISIONS TO SELECTED CONDITIONS OF APPROVAL AND THE RELOCATION OF AN APPROVED PRIVATE ACCESS ROAD, MARSH RUN GENERATION, LLC (OLD DOMINION ELECTRIC COOPERATIVE), APPLICANT

            WHEREAS, On October 15, 2001, the Fauquier County Board of Supervisors approved Special Exception SE00-L-17 to allow the construction of the Marsh Run Peak Generation Facility; and

            WHEREAS, SE00-L-17 also allowed the construction of a private access road; and

            WHEREAS, SE00-L-17 was approved subject to certain conditions; and

            WHEREAS, the Applicant has requested a Special Exception to amend SE00-L-17, to allow the relocation of the approved access road to pass through the property identified by PIN: 6897-19-0471-000, also known as the Leepson property; and

            WHEREAS, the Applicant has also requested an amendment to SE00-L-17 Condition 15 to read as follows:

15. Prior to September 1, 2003 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; and

           

            WHEREAS, the Applicant has also requested an amendment to SE00-L-17 Condition 25 to read 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; and

            WHEREAS, on April 24, 2003, the Planning Commission conducted a public hearing on SEA03-L-12 and found that the requested Special Exception Amendment is consistent with the original concept and intent of Special Exception SE00-L-17; and

            WHEREAS, the Planning Commission has, with the concurrence of the Applicant, also recommended an amendment to SE00-L-17 Condition 18 to read 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; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 19th day of May 2003, That SEA03-L-12 be, and is hereby, approved to include the relocation of the access road and the stipulated amendments to the conditions of SE00-L-17.