HEARING AGENDA REQUEST
Board of Supervisors Meeting Date:
Robert C. Counts Community Development
Service District: None 7002-92-3409-000, 7012-02-8307-000
A Resolution Approving SE03-S-35: a Category 23 Special
Exception for Floodplain Use to Allow the Construction of a Dam and Farm
Pond Within a Floodplain,
Applicant is requesting a Special Exception to permit the construction of
a farm pond in the floodplain of Bartonís Creek on High Mountain Farm,
located in Scott Magisterial District. The height of the proposed dam is
approximately 34 feet and the resulting pond will cover 20.85 acres.
Area, Location and Zoning:
shown on the following map, the property is located on
The property is surrounded by RA zoned land, predominantly in agricultural use.
Requested of the Board of Supervisors:
Board of Supervisors is requested to conduct a public hearing and consider
adoption of the attached resolution.
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.
of the Zoning Ordinance
Section 5-2301 provides the following standards for all Category 23 uses:
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
In addition, Section 6-102-24-C provides the following requirements specific to pond construction:
Ponds in all zoning districts shall be subject to the following
The pond shall be
located so that the 100 year flood pool and spillway is located not less
than 50 feet from an adjacent property line unless the written consent of
the owner(s) involved is obtained and submitted with the zoning permit
No land shall be
disturbed in the construction of the pond that is less than 25 feet from
an adjacent property line unless the written consent of the owner(s)
involved is obtained and submitted with the zoning permit application.
The property owner
shall at all times comply with State and Federal requirements regarding
Dams - The State Water Control Board regulates impounding
structures that have a maximum capacity greater or equal to 50 acre-feet
or a height greater than 25 feet.
The Engineering Division has reviewed the Applicantís requests and has provided the following comments.
The John Marshall Soil and Conservation District noted that the proposed pond construction is governed by the Dam Safety Act and is, therefore, not exempt from Erosion and Sediment Controls. The District recommends an appropriate E&S plan for this project prior to the issuance of permits. It should be noted that this is also a requirement of the Applicantís Water Protection Permit.
primary purpose of a Special Exception for the use of a floodplain is to
mitigate any negative effects of flooding on neighboring properties. In
this case, all flooding resulting from the proposed dam construction will
occur on the property of the Applicant/Owner. However, in the case of dam
construction, three additional concerns must be addressed: 1) The effects
of constricted water flows on down stream users, 2) The safety of the
proposed dam, and 3) The control of erosion and sediment during
construction. The Applicant has obtained a Virginia Water Protection
Permit from the Department of Environmental Quality. This permit
stipulates requirements addressing all three of these concerns. In
addition, the Applicant must also obtain additional permitting from the
State Water Control Board and Army Corps of Engineers, which will provide
additional oversight of the design and construction process.
Applicant shall comply with all requirements and conditions contained in
the Virginia Water Protection Permit issued
Applicant shall obtain and comply with all other applicable Federal,
State, and local permit requirements.
The impounding structures shall conform to all design
criteria listed in NRCS Pond Specification Number 378, or equivalent
design criteria accepted by the