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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
l OSN0114
February 24, 2010 BS
Virginia Electric & Power Company
c/o Dominion Resources, Inc.
Bermuda Magisterial District
Coxendale and Old Stage Roads
RE VEST: Rezoning from Light Industrial (I-1) to Heavy Industrial (I-3) of 179.6 acres with
Conditional Use to permit an electric power generation plant and disposal facility for
fossil fuel combustion products on the entire 842.1 acre tract.
PROPOSED LAND USE:
An electric power generation plant, commonly known as the Chesterfield Power Station, is
currently operated on a portion of the request property. Initially developed in the 1940's as
a by-right use, this facility has expanded with three (3) conditional use approvals. The
applicant seeks to consolidate all properties related to the station under one (1) set of zoning
guidelines, thereby permitting flexibility to accommodate various power plant uses
throughout the property. In addition, the development of a Fossil Fuel Combustion Products
(FFCPs) disposal facility is proposed north of the existing station. This long-term
management facility would accommodate FFCPs generated both on-site and from other
Dominion power plants, as well as permit reclamation of this material for reuse or use in
other products, as limited by the proffered conditions.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 14.
AYES: MESSRS. BROWN, HASSEN AND WALLER.
ABSENT: MESSRS. BASS AND GULLEY.
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Consolidated Eastern Area
Plan which suggests the property is appropriate for industrial use.
B. The proffered conditions ensure land use compatibility between the proposed
landfill and existing and anticipated area industrial development.
C. Existing County Ordinances and proffered conditions together with the
requirements of the Virginia Department of Environmental Quality (DEQ) and the
U.S. Environmental Protection Agency (EPA) relative to the siting, design,
construction, operation and closure of solid waste management facilities, further
ensure that landfilling operations are conducted in a manner that is compatible
with area development and do not have an adverse impact on public health, safety
an environment.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
Virginia Electric and Power Company (the "Owner") in this zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield
County, for itself and its successors or assigns, proffers that the development of the property
known as Chesterfield County Tax Identification Numbers 802-665-4390, 805-666-2525, 807-
660-1776, 806-662-8465, 806-664-8063, 805-662-7764, and 811-660-3332 (the "Property")
under consideration will be developed according to the following conditions if, and only if, the
rezoning request for I-3 and the conditional use permits (CU) are granted. In the event the
request is denied or approved with conditions not agreed to by the Owner, the proffers shall
immediately be null and void and of no further force or effect. If the zoning is granted, these
proffers will supersede all proffers and conditions now existing on the Property.
Exhibit A -The plan titled "Dominion, Chesterfield Power Station, FFCP Management Facility,
Adj acent Parcel Map," prepared by Golder Associates, dated 11/4/09.
Exhibit B -The plan titled "Facility Phasing Plan, Dominion Chesterfield Power Station,"
prepared by Golder Associates, Revision 2 dated 12/9/09.
Exhibit C -The plan titled "Buffer Plan, Dominion Chesterfield Power Station," revision 2,
prepared by Golder Associates, dated 10/26/09.
2 10SN0114-FEB24-BOS-RPT
(STAFF/CPC) l . Uses. Uses permitted on the Property shall be:
A. Any use permitted in the Heavy Industrial (I-3) District.
B. Electric power generation plant.
C. Management facility for fossil fuel combustion products
("FFCPs"), as that term is defined by the Virginia
Department of Environmental Quality ("DEQ"). For
purposes of this condition, the term "FFCPs" shall include fly
ash; bottom ash; gypsum; rock, pyrites and tramp iron; waste
coal and coal fines; ground wood; waste lime and limestone;
cenospheres; bead blast residue; stabilized solids from the
Plant Waste Water Treatment Plant; stabilized solids from
Waste Treatment Ponds; filter press solids; and waste solid
refractory.
D. Ponds or other storage facilities for FFCPs.
E. Haul road or other manners of transport of FFCPs.
F. Reclamation of FFCPs.
G. Any accessory uses associated with any of the uses listed
above. (P)
(STAFF/CPC) 2. Construction and Phasing of FFCP Facility.
A. The FFCP management facility (the "Management
Facility"), generally shown on Exhibit A as "proposed
FFCP limits of disturbance" shall be developed as an
industrial waste disposal facility, subject to Virginia
Department of Environmental Quality ("DEQ")
regulations. Notwithstanding the general nature of the
"proposed FFCP limits of disturbance" shown on Exhibit
A, the actual area of disturbance for the Management
Facility (exclusive of the "Haul Road" as described in
Proffer 4) shall not exceed ninety-two (92) acres.
B. The Management Facility shall be constructed in four
phases. The first phase of development (Phase 1) shall
begin at the eastern section of the Management Facility and
proceed in a westerly direction generally as shown on
Exhibit B. The lined areas for each phase, exclusive of
required stormwater and sediment basins, access roads, and
3 10SN0114-FEB24-BOS-RPT
perimeter roads, shall be limited to an acreage range as
follows:
i. Phase 1: between 12.0 acres and 15.0 acres.
11. Phase 2: between 14.0 acres and 17.0 acres.
111. Phase 3: between 15.0 acres and 18.0 acres.
iv. Phase 4: between 20.0 acres and 23.0 acres.
The Owner shall submit a phasing plan that shows the exact
size and dimensions of each phase (the "Phasing Plan"),
which plan shall be submitted for approval with the site
plan for the first phase of development for the Management
Facility and shall also be submitted to the County Director
of General Services (or his or her designee), to confirm
compliance with the dimensional requirements of this
Proffer 2. The Phasing Plan shall include an estimated time
schedule for development of each phase. If the Owner
decides to change the size and/or dimensions of any phase
after approval of the original Phasing Plan, the Owner shall
be required to resubmit for approval an amended Phasing
Plan to the Planning Department and the County Director
of General Services (or his or her designee) to confirm
compliance with the dimensional requirements of this
Proffer 2.
C. Stockpiling of soil shall be permitted within each
operational phase of the Management Facility and shall be
shown with more detail as part of the site plan. Further,
during the development of Phases 1, 2 and 3, stockpiling of
soil shall be permitted in the area as generally shown on
Exhibit B as the "Soil Stockpile Area". The Soil Stockpile
Area shall be subj ect to the following limitations during the
development of Phases 1, 2 and 3, only:
i. The area of disturbance for the Soil Stockpile Area
(exclusive of the access road to the Soil Stockpile
Area and any temporary sediment basins required
for the Soil Stockpile Area) shall not exceed 3.0
acres.
11. The height of any soil stockpile located in the Soil
Stockpile Area shall not exceed fifty (50) feet above
existing grade for the Soil Stockpile Area.
4 10SN0114-FEB24-BOS-RPT
111. The limits of disturbance for the Soil Stockpile Area
shall be located at least three hundred (300) feet
away from "James River Industrial Park" (defined
in Proffer 13) during development of Phases 1, 2
and 3.
D. The maximum height of each phase (as measured from
mean sea level, or "AMSL"), shall be as follows:
i. Phase 1: 140 feet AMSL.
11. Phase 2: 195 feet AMSL.
111. Phase 3: 225 feet AMSL.
iv. Phase 4: 275 feet AMSL. (GS)
(STAFF/CPC) 3. Off Site FFCPs. FFCPs managed on the Property shall be limited
to FFCPs generated by (i) the Chesterfield Power Station (the
"Station") and (ii) "Off Site Stations" (as defined in subsection B
below), but from no other sources. The management of FFCPs
from Off Site Stations shall be limited as follows:
A. During the operational life of the Management Facility (up
to the time of closure of the Management Facility), the total
amount of FFCPs received into the Management Facility
that are generated by Off Site Stations shall not exceed
122,500 tons per any consecutive twelve month period. In
the event of an emergency, additional FFCPs from Off Site
Stations may be brought to the Management Facility to the
extent such is necessary to address the emergency situation.
Prior to accepting FFCPs in an emergency, the Owner shall
obtain approval to exceed 122,500 ton limit from the
County Director of General Services (or his or her
designee) to confirm the fact that an emergency situation
exists.
B. The term "Off Site Stations" shall include the Southampton
Power Station (located in Franklin, Virginia), the James
River Cogeneration Station (located in Hopewell, Virginia),
each of which is owned and/or operated by the Owner, but
no other facilities. The term "Off Site Stations" may be
expanded to include other power generating stations that
are owned and/or operated by the Owner, provided that the
addition of other such facilities to the definition of "Off
5 10SN0114-FEB24-BOS-RPT
Site Stations" shall be first reviewed and confirmed by the
County Director of General Services (or his or her
designee) to ensure that the amount of FFCPs being
received from such other facilities, together with any other
Off Site Stations, will not exceed the 122,500 ton limit
described in 3.A. above. In seeking such confirmation, the
Owner shall provide to the County Director of General
Services (or his or her designee) estimates of the amount of
FFCPs that are planned to be transported from such other
facilities that are to be added to the definition of "Off Site
Stations". Further, should the Owner permanently
discontinue the transport of FFCPs from a designated Off
Site Station, the Owner shall notify the County Director of
General Services (or his or her designee) so that such
facility can be removed from the list of designated Off Site
Stations.
C. The Owner shall maintain records of the weight (in tons) of
all FFCPs received into the Management Facility from Off
Site Stations, and the Owner shall make such records
available for inspection by the County Director of General
Services (or his or her designee) to insure compliance with
this condition. On or before April 1st of each calendar
year, the Owner shall submit copies of such records for the
prior calendar year to the County Director of General
Services (or his or her designee).
D. To assist in mitigating impacts on public roads caused by
the hauling of FFCPs from Off Site Stations to the
Management Facility, the Owner shall pay to the County
the amount of ONE dollar and no/100 cents ($1.00) per ton
(subject to adjustment as provided herein) of FFCPs
transported into the Management Facility from Off Site
Stations by trucks or other over the road vehicles (the "Off
Site FFCP Cash Proffer"). The Off Site FFCP Cash Proffer
shall be paid to the County on or before each June 30th
following the April 1st report submitted pursuant to
subsection 3.C. above. The Off Site FFCP Cash Proffer
shall be paid for the first year of operation of the
Management Facility and, thereafter, shall be adjusted
upward by any increase in the Marshall and Swift Building
Cost Index between July 1 st of the first year of operation of
the Management Facility and July 1 of the fiscal year in
which the payment is made. The Owner's obligation to pay
the Off Site FFCP Cash Proffer shall cease when the
Owner permanently discontinues placing FFCPs in the
6 10SN0114-FEB24-BOS-RPT
Management Facility and commences the process of
closure for the Management Facility as required by the
Virginia Department of Environmental Quality or other
state or federal agency having authority over the
Management Facility at the time of such closure. (GS)
(STAFF/CPC) 4. Haul Road. A private road shall be constructed on the Property for
the conveyance of FFCPs to the Management Facility. The
general location of the "proposed haul road" ("Haul Road") is
shown on Exhibit A.
A. The Owner will convey the FFCPs to the Management
Facility by truck using the Haul Road or by some other
means (e.g., a mechanical conveyance), or by a
combination of the two. If FFCPs generated by the Station
are transported by truck, such trucks shall not be permitted
to travel on any adjacent public roads to transport FFCPs to
the Management Facility except where necessary to cross
the public road generally as shown on Exhibit A. FFCPs
received from Off Site Stations may be hauled by truck on
public roads but must access the Haul Road by using
existing entrances to the Property or by using an entrance
approved as part of the site plan approval for the
Management Facility or the Haul Road.
B. The portions of the Haul Road constructed by the Owner
shall be paved with asphalt, concrete, or other hard-surface
material, but no curb and gutter shall be required.
C. The exact location of the Haul Road, including the exact
location of the public road crossing, shall be approved at
the time of site plan review. The public road crossing shall
be constructed pursuant to all permits issued by the
Virginia Department of Transportation ("VDOT") for such
roa crossing.
(NOTE: The Owner anticipates that the VDOT required
improvements to the public road for the road crossing may
include, but not be limited to, strengthening the public road
where the Haul Road crosses such public road so as to
avoid damage to such public roads by heavy trucks and
other equipment crossing that road.)
D. After completion of the public road crossing, the Owner
shall be responsible for any future repairs to the public road
crossing that may be necessary because of any damage
7 10SN0114-FEB24-BOS-RPT
caused by, or normal wear and tear from, the transport of
FFCPs by truck or other, similar, vehicles across the road
crossing, as determined by the County Director of General
Services (or his or her designee). (GS)
(STAFF/CPC) 5. Public Facilit, Proffer. To assist in mitigating impacts of the
Management Facility on items included in the capital
improvements program, the Owner shall pay to the County the
amount of ONE HUNDRED THOUSAND and no/100 dollars
$100,000.00 per year (the "Public Facility Cash Proffer"), as
described herein. The Public Facility Cash Proffer shall be paid on
the anniversary of the date of approval for the site plan for the first
phase of development for the Management Facility, and each
anniversary thereafter as provided herein. The Public Facility
Cash Proffer shall be adjusted upward annually by any increase in
the Marshall and Swift Building Cost Index between July 1 st of the
first year of operation of the Management Facility and July 1 of the
fiscal year in which the payment is made if paid. The Owner's
obligation to pay the Public Facility Cash Proffer shall cease when
the Owner permanently discontinues placing FFCPs in the
Management Facility and commences the process of closure for
the Management Facility as required by the Virginia Department
of Environmental Quality or other state or federal agency having
authority over the Management Facility at the time of such closure.
(GS)
(STAFF/CPC) 6. Spill Response Plan. The Owner shall prepare and maintain spill
response plans to address spills of substances in accordance with
applicable state and federal regulations. The Owner shall provide
the County Director of General Services (or his or her designee)
with access to copies of those spill response plans. Access to
copies of the spill response plans shall be provided either by
sending electronic copies of the plans to the County or by
uploading copies of those plans to an Internet-based library (e.g.,
an "ftp" site"). Updates and amendments to any spi11 response
plans either shall be forwarded to the County Director of General
Services (or his or her designee) or uploaded to the Internet-based
library. (GS)
(STAFF/CPC) 7. Fugitive Dust Management.
A. At the time of site plan submittal for the Management
Facility, the Owner shall provide to the County Planning
Department and the County Director of General Services
(or his or her designee) copies of applicable sections of all
permits from state and/or federal authorities that include
8 10SN0114-FEB24-BOS-RPT
requirements for the management of fugitive dust related to
operation of the Management Facility. If those permits do
not include such requirements for fugitive dust
management, the Owner shall submit to the County
Planning Department and the County Director of General
Services (or his or her designee) a plan for the control of
fugitive dust related to operation of the Management
Facility (the "Dust Control Plan"). At a minimum (unless
as otherwise provided below), the permit(s) or the Dust
Control Plan shall include the following methods of
fugitive dust management:
i. Periodic watering of unpaved roadways, as needed,
that serve the Management Facility.
11. Periodic watering and/or sweeping, as needed, of
paved roadways.
111. Maintain appropriate speed limits on paved and
unpaved roadways.
iv. Maintain adequate moisture content needed for
compaction of the FFCPs stored in the Management
Facility.
v. Periodic watering of the areas where FFCPs are
prepared for transport to the Management Facility
and periodic watering of the areas where FFCPs are
placed in the Management Facility, as needed.
vi. Construction methods including tarps, geotextiles,
soil cover, chemical dust control agents and other,
similar, methods may be used as an alternative to
watering.
vii. The process for cleaning any spills of FFCPs on the
Haul Road and any adjoining public roads.
Vlll. Periodic covering of FFCPs placed in the
Management Facility with soil, tarps, geotextiles,
chemical dust control agents and other, similar
methods.
ix. Methods for the management of fugitive dust from
soil stored in any soil stockpiles, which methods
9 10SN0114-FEB24-BOS-RPT
may include, but are not limited to, soil stabilization
through hydro-seeding and other, similar methods.
B. Regardless of the requirements contained in any state or
federal permits related to dust management for the
Management Facility, no more than ten (10) acres of the
working area where FFCPs are placed in the Management
Facility shall be open at any one time. Material placed in
the working area will be "tracked in" daily with a bulldozer
or similar earth moving equipment. Once the material
reaches the appropriate moisture content for compaction,
that material will be compacted with a mechanical roller.
C. If, at any time during the operational life of the
Management Facility, any state or federal permits that
regulate fugitive dust management for the Management
Facility are amended, the Owner shall submit those
amended permits to the County Planning Department and
the County Director of General Services (or his or her
designee). If, at any time during the operational life of the
Management Facility, any state or federal permits that
regulate dust management for the Management Facility
delete all requirements for fugitive dust management for
the Management Facility or makes such requirements less
stringent than prior requirements, the Owner shall submit
for approval a Dust Control Plan to the County Director of
General Services (or his or her designee). (GS)
(STAFF/CPC) 8. Buffers.
A. A variable width buffer along the northern boundary of the
parcel identified as Tax ID 802-665-4390 shall be
maintained as provided herein (the "Northern Buffer").
The Northern Buffer and its dimensions shall be as shown
on the attached Exhibit C (the "Buffer Plan"). Except for
those areas where the Northern Buffer is shown on the
Buffer Plan as greater than one hundred fifty (150) feet in
width, the minimum width of the Northern Buffer shall be
one hundred and fifty (150) feet. The Northern Buffer shall
be inclusive of the existing power lines, gravel roads,
various easements, and the substation. The existing
vegetation within the Northern Buffer that is south of the
100 foot wide transmission corridor in the Northern Buffer
(the "Northern Vegetative Buffer") shall be retained unless
removal is required (i) for maintenance of and access to the
existing substation within the Northern Buffer, (ii) to
10 10SN0114-FEB24-BOS-RPT
provide generally perpendicular crossings of the Northern
Vegetative Buffer for access to the existing transmission
line right of way within the Northern Buffer, (iii) to provide
for generally perpendicular crossings of the Northern
Vegetative Buffer to accommodate utilities, (iv) to allow
for archaeological investigations on the Property, and (v) as
may otherwise be required by subsection B below. The
removal of vegetation within the Northern Vegetative
Buffer to provide access to the existing transmission line
right of way and substation, to accommodate utilities that
cross the Northern Vegetative Buffer, and to allow for
archaeological investigations on the Property shall be
permitted as shown on the approved site plan, provided that
such removal involves the least amount of disturbance of
the Northern Vegetative Buffer as reasonably possible and,
in the case of archaeological investigations, the area of
buffer disturbance is restored with additional plantings, all
as approved as part of the site plan.
B. In areas where the Northern Vegetative Buffer is fifty (50)
feet or less in width, the Owner shall enhance that buffer
area by installing additional plantings, as provided herein.
At the time of site plan submittal, the Owner shall submit
for approval a landscape plan for enhancement of this
portion of the Northern Vegetative Buffer. The landscape
plan shall be designed to provide an appropriate
composition of plantings (e.g., evergreen trees, deciduous
trees, and overstory (tall-growing) and understory (eye-
level) plantings) that will enhance the screening quality of
the Northern Vegetative Buffer. Further, the landscape
plan shall include atime-table for installing such plants so
that newly installed plants can grow to adequate maturity
prior to land disturbing activity adjacent to the Northern
Vegetative Buffer. All plantings required by the approved
landscape plan shall be installed pursuant to the approved
timetable.
(NOTE: The purpose of this condition is to help establish
additional plantings that will help protect existing
vegetation to "wind throw" when adjacent trees are
removed and the preserved trees are exposed to wind.)
C. A 100 foot wide buffer along the western boundary of the
parcel identified as Tax ID 802-665-4390 (the "Western
Buffer") shall be maintained as shown on the Buffer Plan.
The Western Buffer shall be inclusive of the existing power
11 10SN0114-FEB24-BOS-RPT
lines, gravel roads, various easements, and the substation.
The existing vegetation within the Western Buffer shall be
retained unless removal is required (i) for maintenance of
and access to the existing substation, (ii) to provide
generally perpendicular crossings of the Western Buffer for
access to the existing transmission line right of way within
the Western Buffer, (111) to provide for generally
perpendicular crossings of the Western Buffer to
accommodate utilities, and (iv) to allow for archaeological
investigations on the Property. The removal of vegetation
within the Western Buffer to provide access to the existing
transmission line right of way and substation, to
accommodate utilities that cross the Western Buffer, and to
allow for archaeological investigations on the Property
shall be permitted as shown on the approved site plan,
provided that such removal involves the least amount of
disturbance of the Western Buffer as reasonably possible
and, in the case of archaeological investigations, the area of
buffer disturbance is restored with additional plantings, all
as approved as part of the site plan. (P)
(STAFF/CPC) 9. Contributions for Construction of Trails. At the time of site plan
approval for the Haul Road or the Management Facility
(whichever first occurs), the Owner shall pay to the County the
amount of $150,000.00 to be used for the acquisition of easements
for and/or construction of public pedestrian trails by the County,
which trails shall be part of the County's parks and recreation
In rastructure.
(PR)
(STAFF/CPC) 10. Public Water and Wastewater.
A. The public water and wastewater systems shall be required
only for domestic use, except for construction offices.
B. No use of public water shall be required for industrial
processes or plant operations. (U)
(STAFF/CPC) 11. Environmental En ing Bering.
A. With the exception of timbering which has been approved
by the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall be
no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices have been installed. Timbering
12 10SN0114-FEB24-BOS-RPT
of the site shall be phased in accordance with the
construction phasing as set forth in Proffer 2.
B. Super silt fence shall be used at the toe of the slope during
construction and fill along Proctor's Creek and the James
River. (EE)
(STAFF/CPC) 12. Cultural Resources.
A. The Owner will give notice to the County Planning
Department upon submission of the Joint Permit
Application (JPA) for the Management Facility. A Phase 1
Cultural Resources Identification Survey prepared by a
person or persons who meet(s) the Secretary of the
Interior's Professional Qualification Standards for
Archeology and Historic Preservation will be performed as
part of the JPA process. Cultural resources identified
during the Phase I study will undergo a Phase II
significance evaluation study in accordance with the
provisions of Section 106 of the National Historic
Preservation Act of 1966, as amended, and it's
implementing regulations 36 CFR Part 800 Protection of
Historic Properties. Copies of the results of the Phase I and
Phase II studies and any subsequent reports will be
submitted to the Planning Department.
B. A house commonly known as "Spring Hill" is located on
the parcel identified as GPIN 802-665-4390. Anytime
prior to the relocation or demolition of such house, the
County Parks and Recreation Department (or its designee)
and the County Planning Department shall have the right to
enter the Property to examine and catalogue such house,
subject to the Owner's reasonable safety procedures for
approaching and/or entering such structure. (P)
(STAFF/CPC) 13. Committee. Prior to the commencement of construction for the
Management Facility, the Owner shall form a committee
consisting of representatives from the Owner, at least one
representative of the properties identified as Tax ID 803-669-1338,
800-668-1000 and 800-668-7710 (collectively, "James River
Industrial Park") and the County Director of General Services (or
his or her designee) (the "Committee"). The Committee shall meet
annually (and more often if approved by the Committee) until the
Owner discontinues the placement of FFCPs in the Management
Facility. The purpose of the Committee will be to maintain open
dialogue between the Owner, the County Director of General
13 10SN0114-FEB24-BOS-RPT
Services (or his or her designee), and the owners in James River
Industrial Park regarding operational issues for the Management
Facility. (GS)
(STAFF/CPC) 14. Inspections. Subject to the Owner's safety and security
requirements, the County Director of General Services (or his or
her designee) shall be permitted regular access to the Management
Facility so as to monitor for compliance with these proffers.
GENERAL INFORMATION
Location:
North and south lines of Coxendale Road, east of its intersection with Old Stage Road, and
the southwest corner of Old Stage and Coxendale Roads. Tax IDs 802-665-4390; 805-662-
7764; 805-666-2525; 806-662-8465; 806-664-8063; 807-660-1776; and 811-660-3332.
Existing Zoning:
I-1 and I-3 with Conditional Use
Size:
842.1 acres
Existing Land Use:
Industrial and vacant
Adjacent Zoning and Land Use:
North - I-3; Industrial or vacant
South - I-l, I-3 and A; Public/semi-public (Henricus Park) or vacant
East - Henrico County
West - I-2, I-3 and A; Industrial, public/semi-public (sewage treatment plant) or vacant
T TTTT TTTFC
Public Water System:
There is an existing twelve (12) inch water line extending along Coxendale Road,
approximately 1000 feet south of this site. The existing station is connected to the public
water system. The applicant has proffered to use the public water system for domestic
purposes. (Proffered Condition 10)
14 10SN0114-FEB24-BOS-RPT
Public Wastewater S,, sue:
There is an existing forty-two (42) inch wastewater trunk line extending along Proctors
Creek, adjacent to the southern boundary of this site. The fifty-four (54) inch Kingsland
Creek wastewater trunk line extends from north to south across the eastern portion of this
site, and a fifteen (15) inch wastewater trunk line extends along a portion of the northern
boundary of this site. The applicant has proffered to use the public wastewater system for
domestic purposes (Proffered Condition l o). The applicant has also proposed to use an
industrial waste transportation road that will intersect with the fifty-four (54) inch
effluent lines from the Proctors Creek Wastewater Treatment Plant. Care should be taken
during the construction of this road to avoid damaging these lines.
ENVIRONMENTAL
Drainage and Erosion:
The subject property is bordered by the James River to the north and bisected by Proctors
Creek. The majority of the site drains to the James River, with a small portion draining
to Proctors Creek. There are currently no known on- or off site drainage or erosion
problems and none are anticipated after development.
The property is wooded and, as such, should not be timbered without first obtaining a
land disturbance permit from the Department of Environmental Engineering. This will
ensure that adequate erosion control measures are in place prior to any land disturbance.
(Proffered Condition 1 l.a). To minimize the amount of soil exposed to the weather at
any one time, the project should be designed with distinct phases. (Proffered Condition
2)
Stockpiled FFCPs are subject to wind erosion. As such, a dust suppression plan must be
on file and implemented at all times. (Proffered Condition 7)
Water ualit
Both the James River and Proctors Creek are perennial streams and, as such, are subject
to 100 foot conservation buffers as part of the Resource Protection Area (RPA) within
which uses are very limited. The RPAs on both the James River and Proctors Creek are
very wide due to the vast amount of wetlands with a large percentage of the property
located adjacent to these sensitive areas. Given the close proximity of the adjacent
wetlands and the nature of the project, super silt fence should be used adjacent to these
sensitive areas. (Proffered Condition 1 l.b)
15 10SN0114-FEB24-BOS-RPT
GENERAL SERVICES
Siting and Operation of the Facility
Any individual or company wishing to establish and operate a waste disposal or
management facility in Chesterfield County must comply with an application and
approval process set forth in the Chesterfield County Municipal Code. Siting
requirements for such a facility are set forth in Article VII and the approval of waste
material and management are set forth in Article VIII. The specific application
requirements for Article VII and Article VIII are set forth in Section 11-74 (Form of
Application for Siting Approval), and Section 11-94 (Form of Application for Approval),
respective y.
In August 2009, Dominion Virginia Power (Owner and Applicant) submitted two (2)
separate sets of documents to meet the requirements of the code in their process to gain
approval for a FFCP Management Facility. The Chesterfield County General Services
Department (General Services) is the process owner of this siting approval process. An
environmental engineering consultant (Faulkner and Flynn) was retained by General
Services to assist in the analysis of the submission to verify that all necessary components
to the application were submitted and that the application requirements were met by the
submission. This analysis is designed to provide the county with much of the information
that will be required by the Virginia Department of Environmental Quality (VADEQ) in
the Part A and Part B application process administered by VADEQ that leads to an
approved Waste Management Operations Permit that the Owner must have to construct
and operate such a waste facility within the Commonwealth of Virginia. This information
enables county staff to perform a review of the proposed operations, as well as an
analysis of the location and general design of the facility in order to make determinations
on the potential impacts of such a facility on the county and its' citizens and businesses.
This review process conducted by the county and its consultant is neither intended nor
represented as a comprehensive technical review of the science and engineering of the
design and operation of the waste management facility, but rather it provides the county
with a preview of the facility and assistance in measuring the impacts the facility may
have on the county. The technical review of the science and engineering of the facility is
conducted by VADEQ in the Part A and Part B application process required for
permitting and licensing of the facility as provided by the regulatory authority granted
VADEQ through both state and federal regulations.
All of the potential county concerns have been adequately addressed in the two parallel
submissions in combination with the proffered conditions of this case, as discussed in the
"Management Facility for Fossil Fuel Combustion Products" section of this report.
16 10SN0114-FEB24-BOS-RPT
PUBLIC FACILITIES
Fire Service:
The Dutch Gap Fire Station, Company Number 14, and Bensley Bermuda Volunteer
Rescue Squad currently provide fire protection and emergency medical service (EMS).
This request will have a minimal impact on Fire and EMS.
Access and required water flow requirements will be evaluated in the Site Plan approval
process.
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional, seven (7) community
and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a
shortage of community and neighborhood park acreage in the county. The Plan identifies
a need for 354 acres of regional park space; 252 acres of community park space; and 199
acres of neighborhood park space by 2020; the need for linear parks; resource based-
special purpose parks [historical, cultural and environmental]; and recreational facilities.
The Plan also identifies the need for water access and trails along the James and
Appomattox Rivers and their major tributaries, Swift and Falling Creeks. Co-location of
neighborhood and community athletic parks with middle and elementary schools is
desired. Specific Plan needs associated with this request include trails, water access and
linear and resource based parks.
Proffered Condition 9 commits to a cash contribution in the amount of $150,000 to the
County for the purpose of trail easement/property acquisition and trail construction. This
proffer addresses Plan impacts for new trails and linear parks.
County Department of Transportation:
Typical traffic generation information is not available for the proposed use of electric
power generation plant and disposal facility. Due to a through truck restriction on part of
Coxendale Road, traffic generated by this facility will be initially distributed along West
Hundred Road (Route 10) and Old Stage Road, which had 2009 traffic counts of 49,612
and 4,653 vehicles per day, respectively.
Currently, there are no limitations on the amount of FFCPs that can be exported from or
delivered to the Management Facility. According to the applicants' representatives, on
average, there are approximately thirty (3 0) to forty (40) trucks per day that deliver
FFCPs to the Management Facility. In allowing a comparable amount of FFCPs to be
delivered, the applicant has proffered to limit FFCPs into the Management Facility to
122,500 tons per twelve-month period (Proffered Condition 3A). As with the current use,
this request will allow the applicant to continue to have the ability to haul FFCPs from
the Management Facility without restrictions. Therefore, this request will have similar
traffic impact as the current power generation and disposal facility.
17 10SN0114-FEB24-BOS-RPT
As previously stated, the applicant has proffered to limit transport of FFCPs into the
Management Facility to 122,500 tons per twelve-month period. The applicant has also
proffered to contribute cash in the amount of $1.00 per ton of FFCPs transported into the
Management Facility. This cash contribution will be used to assist in mitigating the
impacts on the public roads (Proffered Condition 3D). This cash proffer alone certainly
will not cover the cost of all of the road improvements needed in this area.
A project to widen Route 10 from Interstate 95 to Ware Bottom Spring Road is planned
to be under construction in 2010. The project will include the Old Stage Road
intersection, including the bridges over the CSX railroad tracks. The project should take
about one and a half years to complete.
Virginia Department of Transportation:
VDOT has no comment on this case. Appropriate comments will be made at the time
construction plans are submitted for review, including a durable crossing of Coxendale Road
with appropriate entrances.
ECONOMIC DEVELOPMENT
The Department of Economic Development supports this request and is satisfied with the
resolution reached by the applicant and area property owners regarding northern boundary buffer
provisions.
T,ANn T1~F,
Comprehensive Plan:
Lies within the boundaries of the Consolidated Eastern Area Plan which suggests the
property is appropriate for industrial use.
Area Development Trends:
Properties to the north are zoned Heavy Industrial (I-3) and are developed as the James
River Industrial Park. Properties to the south are zoned Light and Heavy Industrial (I-1 and
I-3) or Agricultural (A) and are occupied by Henricus Park or are vacant. The James River
and County of Henrico border the eastern boundary. The CSX railroad along with General
and Heavy Industrial I-2 and I-3) and Agricultural (A) properties border the western
boundary. It is anticipated that moderate to heavy industrial development will continue both
within the immediate area as well as north along the CSX Railroad to the James River
consistent with the recommendations ofthe Plan.
18 10SN0114-FEB24-BOS-RPT
Zonin H.~X:
The Dominion Virginia Power Chesterfield Power Station has existed on a portion of the
request property for a number of years. At the time this facility was initially constructed,
electric power generation facilities were permitted by-right in industrial districts.
Subsequent to the initial construction of the station, the Zoning Ordinance was amended
to require a Conditional Use for electric power generation facilities in Heavy Industrial
(I-3) Districts.
On February 28, 1990, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved a rezoning from Heavy Industrial (M-3) to Heavy
Industrial (I-3) of 2.3 acres with Conditional Use to permit two (2) electric generating
units at the existing electric power generation facility. (Case 89SN0412)
On November 28, 1990, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved a rezoning from Heavy Industrial (M-3) to Heavy
Industrial (I-3) of 19.5 acres with Conditional Use to permit expansion of an existing
substation located at the Chesterfield Power Station. (Case 90SN0283)
On April 24, 1991, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a rezoning from Heavy Industrial (M-3) to Heavy
Industrial (I-3) of 228.35 acres with Conditional Use to bring the existing power station
facilities into conformance with new ordinance requirements and to permit expansion of
plant facilities and replacement of existing power generating units. (Case 90SN0307)
Site Design:
The request property lies within an Emerging Growth District Area. New development,
including landfilling operations, must conform to the development standards of the Zoning
Ordinance for industrial development in Emerging Growth Areas which address access,
parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities and screening
of dumpsters and loading areas.
Use Exceptions:
Electric Power Generation Plant
Exhibit A depicts the existing station complex. Approval of this request would
permit future expansion of plant facilities within the limits of the subject property as
well as redevelopment and/or replacement of existing plant facilities. (Proffered
Condition 1)
19 10SN0114-FEB24-BOS-RPT
Management Facility for Fossil Fuel Combustion Products (FFCPs)
nvervl ew:
Fossil fuel combustion products (FFCPs) are currently processed and stored on-site,
southeast of the existing station, where they are stored and dewatered in one pond
(west pond), prior to final storage (east pond). With the ultimate closure of the east
pond, along-term management facility for the FFCPs is proposed northwest of the
station, as noted in Exhibit A (Proffered Condition 1). These FFCP's would be
conveyed to the management facility using a private haul road or mechanical
conveyance through the power station property, also noted on Exhibit A (Proffered
Condition 4). As proffered, the actual area of disturbance for this facility, exclusive
of access, would not exceed ninety-two (92) acres (Proffered Condition 2.A).
Development of this facility would be phased from east to west, as noted in Exhibit
B, so as to minimize impacts on the adjoining property to the north (James River
Industrial Park) (Proffered Condition 2.B). Each phasing plan would be submitted
for approval by the Director of General Services to confirm compliance with the
dimensional requirements of Proffered Condition 2.B. Likewise, limitations on the
location and height of soil stockpiling during the operational phases of the facility
(Proffered Condition 2.C) as well as the maximum height of each phase (Proffered
Condition 2.D) have also been addressed.
Proffered Condition 1 defines the materials that will be allowed by VADEQ to be
disposed in the facility. Staff is satisfied that the proffer restricts the materials to
those that are relatively inert and would be unlikely to create contamination issues
with ground water or surface water.
Off Site FFCPs:
Proffered Condition 3 limits the amount of FFCPs generated off site that may be
delivered to this facility at 122,500 tons annually which is close to the volume
that the facility is currently accepting. This proffer also limits the FFCPs brought
to this facility to those generated by Dominion Virginia Power. The owner would
maintain records of the precise tonnage of off site waste brought into the facility
and would annually pay the county $1.00 per ton to assist in mitigating
transportation impacts caused by the vehicular traffic associated with this
operation.
Public Facilitypacts:
Proffered Condition 5 provides the county an annual payment of $100,000 to be
used within the Capital Improvement Program to address any impacts that the
facility may cause the County.
20 10SN0114-FEB24-BOS-RPT
Spill Response Plan and Fugitive Dust Mana e.
Proffered Condition 6 provides access to spill response plans, which meet all
applicable state and federal regulations, to the Director of General Services or
his/her designee. All updates to such plans will also be made available.
Proffered Condition 7 identifies specific issues that will be addressed in a Fugitive
Dust Management Plan as required by the regulatory agencies with jurisdiction
over this facility. If such a plan is not required by the regulatory agencies, the
owner will create a plan to be approved by the Director of General Services or
his/her designee. This proffer also limits the open working area of the facility to
ten (l o) acres at any time.
Inspections:
Proffered Condition 14 provides for access by county staff to inspect the facility
for compliance with the proffered conditions and all applicable regulations.
Committee:
In an effort to maintain communications regarding the operation of the facility
and associated impacts, Proffered Condition 13 establishes a committee consisting
of the applicant, county staff and a representative of the James River Industrial
Park.
Duffers:
The Zoning Ordinance does not require the provision of buffers between industrial
districts. In an effort to minimize impacts of the FFCP management facility upon the
adjacent James River Industrial Park, Exhibit C in combination with Proffered
Condition 8 would require the provision of buffer, a minimum of 150 feet in width,
adjacent to the northern boundary of the request property. As written, with the
inclusion of an existing transmission line right of way, various easements, a gravel
road and a substation, the resulting vegetative portion of the buffer would be reduced
to a minimum of fifty (50) feet in width.
Proffered Condition 8 also requires the provision of a 100 foot wide buffer, inclusive
of existing encumbrances, along the western boundary of the FFCP management
facility property adj acent to the rail line.
Cultural Resources:
Proffered Condition 12 requires a Cultural Resource Identification Survey to determine
areas of any historical significance on the property and associated implementation for
documentation and/or protection. Preliminary research indicates the location of a historical
resource known as the Spring Hill house. Staff has been advised by the applicant that this
21 10SN0114-FEB24-BOS-RPT
structure is in very poor condition. As such, staff has requested access to the property to
examine and catalogue this structure prior to its demolition, as addressed in this proffer.
CONCLUSION
The proposed zoning conforms to the Plan. Further, as proffered, the proposed land uses are
compatible with existing and anticipated area industrial development. County Ordinances and
proffered guidelines in combination with state and federal regulations ensure that the proposed
landfilling operations will not have an adverse impact on the public health, safety and
environment.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (1/13/10):
The applicant submitted amended proffers to correct typographical errors and clarify
supplementation within the proposed northern buffer.
Planning Commission Meeting (1/19/10):
The applicant accepted the recommendation. There was no opposition present.
Mr. Bass declared a conflict of interest and excused himself from the meeting.
On motion of Mr. Hassen, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 14.
AYES: MESSRS. BROWN, HASSEN AND WALLER.
ABSENT: MESSRS. BASS AND GULLEY.
The Board of Supervisors, on Wednesday, February 24, 2010, beginning at 6:30 p.m., will take
under consideration this request.
22 10SN0114-FEB24-BOS-RPT
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