A Category 23 Special Exception (SPEX08-SC-022) to allow for an agricultural pond in the FEMA 100-year Floodplain: Hazel Pond, SCOTT DISTRICT

WHEREAS, David L. Hazel, owner and applicant, is seeking a Category 23 Special Exception to in order to construct an agricultural pond within FEMA 100-year floodplain on his 107 acre parcel known as PIN 6987-75-1075-000; and

WHEREAS, on May 24, 2008, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception; and

WHEREAS, on June 26, 2008, the Fauquier County Planning Commission recommended approval of the application, subject to conditions; and

            WHEREAS, on July 10, 2008, 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 10th day of July 2008, That SPEX08-SC-022 be, and is hereby, approved, subject to the following conditions:

1.     This Special Exception is granted for and runs with the land, PIN 6987-75-1075-000, 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 titled “David L. Hazel Pond - Pond Plan”, dated May 21, 2008, approved with this application, as qualified by these development conditions.

3.    Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facilities or system which would increase flood heights and/or velocities, on adjacent properties. 

4.      There is to be no storage of materials in the floodplain that cannot be readily moved or firmly anchored to prevent floatation or movement.

5.      Silt fence will still need to be installed down slope from any disturbance to control sediment flow.

6.      A drainage study and final pond plan shall be submitted with the Zoning Permit application to demonstrate 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.

7.      The final pond plan shall be in general conformance with the Special Exception Plat with respect to the dam location and overall grading limits.  Final engineering design may require minor alterations to the pond footprint to better conform to the existing topography.

8.      A VDOT land disturbance permit will be required prior to the start of any construction activities located within VDOT right-of-way.

9.      Prior to issuance of a Zoning Permit, the applicant shall assure that all applicable environmental permits have been acquired.  This includes the USACOE/DEQ permits for disturbance of wetlands or other regulated waters.

10.  For agricultural Best Management Practices (BMP) and to preserve water quality, the pond shall be fenced such that livestock do not have direct access to it.

A Copy Teste 

 Paul S. McCulla
Clerk to the Board of Supervisors

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