15SN0647
CASE NUMBER: 15SN0647 (AMENDED)
APPLICANT: Virginia Electric and Power Company
d/b/a Dominion Virginia Power
CHESTERFIELD COUNTY, VIRGINIA
ADDENDUM Magisterial District: BERMUDA
500 Coxendale Road
Board of Supervisors (BOS)
Public Hearing Date:
DECEMBER 16, 2015
CPC Time Remaining:
365 DAYS
Applicant’s Agent:
BRENNEN KEENE
(804-775-1005)
Applicant’s Contact:
DOMINION VIRGINIA POWER
(804-819-2000)
Planning Department Case Manager:
DARLA ORR (804-717-6533)
APPLICANT’S REQUEST
(AMENDED) Amendment of conditional use (Case 10SN0114) relative to uses, construction, stock
piling, operation, buffering and public facilities impacts.
Operation of an existing electric power generation facility and a disposal facility for fossil fuel
combustion products is planned.
Note:
Conditions may be imposed or the property owner may proffer conditions.
ADDENDUM
The purpose of this Addendum is to report the Planning Commission’s action on this case at their
December 15, 2015 public hearing.
The Planning Commission deferred this case at their meeting on December 15, 2015 to their
regularly scheduled meeting in February 2016.
Staff suggests the Board defer this case to their regularly scheduled meeting in February 2016 to
await a recommendation from the Planning Commission.
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATION
PLANNING DEFERRED UNTIL THEIR REGULARLY SCHEDULED MEETING IN FEBRUARY
COMMISSION 2016
(12/15/2015)
RECOMMEND DEFERRAL TO THE BOARD’S REGULARLY SCHEDULED
MEETING IN FEBRUARY 2016 TO AWAIT COMMISSION’S
STAFF
RECOMMENDATION.
215SN0647-2015DEC16-BOS-ADD
CASE HISTORY
Applicant Submittals
4/6/2015 Application submitted
11/18/2015 Application amended
8/28, 11/17, Revised proffered conditions, Textual Statement and exhibits were submitted.
11/20, 12/2
and
12/4/2015
Planning Commission Meetings
10/20/2015 Action – DEFERRED TO NOVEMBER 17, 2015 ON COMMISSION’S MOTION
11/17/2015 Action – DEFERRED TO DECEMBER 15, 2015 ON COMMISSION’S MOTION
12/15/2015 Citizen Discussion
Citizens supported the deferral and expressed concerns relative to the health
and environmental effects of fly ash hauling and storage and safety of the
public visiting Henricus Park and Dutch Gap boat launch.
Action – DEFERRED TO THE COMMISSION’S REGULARLY SCHEDULED MEETING IN
FEBRUARY 2016 AT THE REQUEST OF THE APPLICANT.
The Board of Supervisors on Wednesday, December 16, 2015, beginning at 6:30 p.m., will
consider this request.
315SN0647-2015DEC16-BOS-ADD
CASE NUMBER: 15SN0647 (AMENDED)
APPLICANT: Virginia Electric and Power Company
d/b/a Dominion Virginia Power
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: BERMUDA
500 Coxendale Road
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
DECEMBER 16, 2015
CPC Time Remaining:
365 DAYS
Applicant’s Agent:
BRENNEN KEENE
(804-775-1005)
Applicant’s Contact:
DOMINION VIRGINIA POWER
(804-819-2000)
Planning Department Case Manager:
DARLA ORR (804-717-6533)
APPLICANT’S REQUEST
(AMENDED) Amendment of conditional use (Case 10SN0114) relative to uses, construction, stock
piling, operation, buffering and public facilities impacts.
Operation of an existing electric power generation facility and a disposal facility for fossil fuel
combustion products is planned.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered Conditions, exhibits and conditions of approval for Case 10SN0114 are located in
Attachments 1 – 5.
RECOMMENDATION
PLANNING STAFF WILL ADVISE THE BOARD OF THE COMMISSION’S ACTION AFTER
COMMISSION THEIR PUBLIC HEARING
(12/15/2015)
RECOMMEND DENIAL
STAFFProposal eliminates funding to assist in mitigating impacts on public
roads and to compensate the county for public facility impacts
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
PLANNING
Eliminates funding to assist in mitigating impacts on public
roads caused by handling FFCPs transported from off-site
BUDGET AND
locations
MANAGEMENT
Eliminates annual cash payment to compensate the county for
public facility impacts
FIRE
PARKS AND
RECREATION
LIBRARIES
SCHOOLS
CDOT
VDOT
UTILITIES
ENVIRONMENTAL
ENGINEERING
215SN0647-2015DEC16-BOS-RPT
315SN0647-2015DEC16-BOS-RPT
Map 2: Comprehensive Plan
Classifications: INDUSTRIAL
Designation:
Moderate to intense manufacturing uses that are generally dependent upon the processing of raw
materials, and uses normally associated with outside storage.
Map 3: Surrounding Land Uses & Development
Existing power plant
& fly ash ponds
Dutch Gap Boat Ramp
Approved disposal
facility for fossilfuel
Henricus Park
combustion products
Coxendale Rd
Seaboard Coast Line RR
Old Stage Rd
415SN0647-2015DEC16-BOS-RPT
PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
ZONING HISTORY
Case NumberBOS Action Request
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 a
disposal facility for fossil fuel combustion products
APPROVED
(waste management facility) on the entire 842.1
10SN0114
2/24/2010
acre tract.
This case consolidated all 842.1 acres of the
existing electric power generating facility under
one zoning case
Attachment 5
CLOSURE OF FLY ASH PONDS
It was understood with the approval of the 2010 zoning case that the electric power generating
facility (Facility) would continue to receive fly ash in one (1) of the two (2) existing fly ash ponds
located south of Coxendale Road until it needed to be closed. The proposed waste management
facility would receive dewatered fly ash from the second pond. The fly ash would be hauled to the
new waste management facility over a private road (haul road) which would run parallel to
Coxendale Road. Trucks would cross Coxendale Road, then traverse through the power station
property to waste management facility.
The applicant has indicated that new EPA rules require both fly ash ponds (wet and dry ponds) to be
closed. The applicant has scheduled closing of the two (2) ponds by December 2018. In the future,
Fossil Fuel Combustion Products (FFCPs) will be handled in new “Fly Ash Handling System” (silos
planned) to be located as identified on Exhibit A (north of Coxendale Road). FFCPs needing to be
disposed of will be hauled over a private road, north of Coxendale Road, to the waste management
facility. The applicant has indicated that approximately twenty (20) percent of FFCPs are beneficial
for re-use. The beneficial FFCPs will be hauled from the FFCP Handling System north of Coxendale
Road to the current location of the “Bottom Ash Handling System” south of CoxendaleRoad, as
identified on Exhibit A. The Bottom Ash Handling System could be relocated. In addition, the
applicant plans to use soil from the waste management facility site to cover the waste management
facility when operational and to close the existing ponds.
PROPOSAL
The applicant is requesting approval of modification to approved zoning conditions of Case 10SN0114
and has offered updated exhibits (Exhibits A, B and C) related to these modifications. The applicant
has indicated that modifications are required due to the changes in federal regulations requiring
alternate storage of fly ash. An overview of the proposed amendments is provided in the chart of
the next page:
515SN0647-2015DEC16-BOS-RPT
EXISTING ZONING CURRENT PROPOSAL
CONDITION CASE 10SN0114 CASE 15SN0647
(ATTACHMENT 5) (ATTACHMENT 1)
Fossil Fuel Combustion Products (FFCPs)
Expands definition of types of
Uses identified as defined by DEQ
FFCPs
Proffered Condition 1
Proffered Condition 1
Stockpiling permitted with each Removes limitation on acreage
operational phase of waste of stockpile area
management facility
Modifies permitted locations
Limitsacreage and location of
for stockpiling – south and east
Soil Extraction &
stockpile area
of Proctor’s Creek and a
Stockpiling
minimum of 300 feet south of
Establishes phasing for waste
the “James River Industrial
management facility
Park”
Permits stockpiling and soil use
for closure of existing ponds
Proffered Condition 2Proffered Condition 2
Permits acceptance of waste from Permits waste from only the
specific off-site power generating Mecklenburg Power Station
stations
Reduces maximum annual
Establishes maximum annual
tonnage of waste permitted
Acceptance of Off-
tonnage of off-site waste permitted (55,000 tons)
Site Waste and
(122,500 tons)
Eliminates requirement
Per Ton Fee
Requires payment of $1 per ton to payment of $1 per ton to
county to assist in mitigating county to assist in mitigating
impacts on public roads impacts on public roads
Proffered Condition 3Proffered Condition 3
Requires construction of private Eliminates private haul road
road south of Coxendale Rd as a south of Coxendale Rd
“haul” road to transport FFCPs
Requires new FFCPs handling
from fly-ash ponds to waste
system (silos planned) north of
management facility
Coxendale Rd; FFCPs to be
Prohibits hauling of waste on public landfilled will be transported
roads except where crossing from from this system to thewaste
haul road to waste management
management facility
facility
Permits hauling of waste on
FFCP Handling
Requires applicant maintain public Coxendale Rd
road crossingDuring fly-ash pond closure
o
(until approximately Dec
2018)
Reusable FFCPs will be
o
transported from the FFCPs
handling system (north of
Coxendale Rd) to Bottom
Ash Handling System south
of Coxendale Rd
Proffered Condition 4Proffered Condition 4
615SN0647-2015DEC16-BOS-RPT
EXISTING ZONING CURRENT PROPOSAL
CONDITION CASE 10SN0114 CASE 15SN0647
(ATTACHMENT 5) (ATTACHMENT 1)
Requires maintenance of public road Requires maintenance and overlay
crossing from haul road (south of of Coxendale Rd after pond
Road Impacts
Coxendale Rd) to waste management closure
facility (north of Coxendale Rd)
Proffered Condition 4Proffered Condition 5
Requires annual payment of $100,000 Eliminates annual payment
Annual Cash
to the county for public facility impacts
Payment
Proffered Condition 5
Requires dust management plan with Changes timing for dust plan
Dust Management
site plan submittal submittal to prior to start of
Plan
operations
Proffered Condition 7
Proffered Condition 6
Requires buffer along the northernOnly requires buffer along the
and western property boundariesnorthern property boundary
adjacent to the James River
Industrial Park and maintains
buffer along the western property
Buffers*
boundary. The applicant owns
property adjacent to the northern
property boundary
Proffered Condition 8Proffered Condition 7 & Exhibit C
Prohibits timbering until land
Modified to remove timbering
disturbance permit is issued
reference since ordinance now
Timbering
addresses
Prohibition
Requires super silt fence
Proffered Condition 11
Proffered Condition 8
Requires committee including Requires meetings with operator
operator, representatives from James and representatives from
River Industrial Park and County Henricus Historical Park and
Stakeholder
General Services to meet to discuss Chesterfield County Parks and
Communication
operation Recreation to discuss
construction, parking and access
to recreational areas
Proffered Condition 13
Proffered Condition 9
*The buffer requirement (Proffered Condition 8 of Cash 10SN0114) was negotiated with area
property owners to the north. After public input, should the Board desire to approve the
amendment to the buffer requirement, acceptance of Proffered Condition 7 of the current
proposal would be appropriate.
715SN0647-2015DEC16-BOS-RPT
FINANCIAL IMPACT ON CAPITAL FACILITIES
Budget and Management
Staff Contact: Alan Carmody(717-8767) spillmann@chesterfield.gov
The applicant proposes to eliminate Proffered Condition 3.D from Case 10SN0114 which provides
funding to assist in mitigating impacts on public roads caused by handling FFCPs. The approved
proffered conditionrequires the owner to make payments to the county in an amount equal to
$1.00/ton of FFCPs transported to the subject site from off-site locations (subject to escalation).
While other proposed revisions to Proffered Condition 3 of Case 10SN0114 reduce the total
allowable FFCPs that can be imported from off-site locations and proposes to restrict the off-site
locations from which FFCPs can be imported to a single site, staff finds no basis for eliminating this
original proffered condition. The proposed reduction from 122,500 to 55,000 tons of FFCPs in a
consecutive 12 month period can result in a lesser payment; companion with the tonnage reduction
there can be a lesser corresponding impact on the area roads. However, the approved proffered
condition is designed to compensate for variation in the amount of imported FFCPs as it is written in
a manner that calculates the payment amounts on a per ton basis.
The applicant also proposes to eliminate the annual cash payment required by Proffered Condition 5
of Case 10SN0114 which provides for mitigating impacts of the Management Facility on items
included in the capital improvements program. The approved proffered condition requires the
owner to pay the county $100,000 per year (subject to escalation) after approval of the site plan for
the first phase of the development. The owner anticipates operating the Management Facility for
presumably 20 or more years. While there are regulatory requirements governing the use of this
facility, county staff will have some level of responsibility for monitoring certain site conditions.
Given the anticipated length of time of operation of the facility and the possibility for some impacts
to capital facilities over that time, staff believes it is appropriate to maintain the approved annual
cash payment required by Proffered Condition 5 to compensate the county for impacts that may
arise from this operation.
815SN0647-2015DEC16-BOS-RPT
PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (717-6167) battena@chesterfield.gov
This request will have minimal impact on fire and EMS.
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Dutch Gap Fire Station, Company Number 14
EMS Facility The Bensley-Bermuda Volunteer Rescue Squad
PARKS AND RECREATION
Staff Contact: Brian Geouge (318-8720) geougeb@chesterfield.gov
Parks and Recreation –Project Impacts
Regular meetings required with representatives from Parks
and Recreation Department and Henricus Historical Park to
Impact on Park facilities
discuss construction management and road related impacts
to the park
Proffered Condition 9
915SN0647-2015DEC16-BOS-RPT
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated
traffic impact of the proposal has been evaluated and recommendations are detailed in the chart
below:
Recommendation Applicant’s Proposal
Road Improvements
Offered as Recommended
Traffic control, maintenance and repair, as required by VDOT,
of the section of Coxendale Road that will be impacted by
construction of the management facility and pond closure.
Proffered Condition 5
Proffered Condition 4 of Case 10SN0114 requires a private haul road to be constructed on the property,
parallel to Coxendale Road, for conveyance of material (FFCPs) to the management facility. The
Condition also states that no public road will be used for this conveyance, except where necessary to
cross a public road. The applicant is now requesting to eliminate the requirement for the haul road, and
is proposing to use a section of Coxendale Road for construction of the management facility and the
pond closure. The applicant has proffered to repair Coxendale Road during hauling operations.
(Proffered Condition 5)
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
Traffic Impact Analysis (24VAC30-155) -
Access Management (24VAC30-73) -
Subdivision Street Acceptance (24VAC30-91/92) -
Land Use Permit (24VAC30-151) -
SummaryVDOT has no objection to the amended
case proffers, latest revision dated
December 2, 2015.
1015SN0647-2015DEC16-BOS-RPT
GENERAL SERVICES
Staff Contact: Jeff Howard (804-717-6531) howardjt@chesterfield.gov
The original zoning (Case 10SN0114) requires county staff monitor facility operations to ensure
compliance with a Dust Management Plan approved during plans review. Proffered conditions also
allow for county staff access to the facility in order to monitor the facility for compliance. The
proposed amendments do not change these requirements.
WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
The proposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing Line Connection Required by County Code?
Serviced?
Water Yes 6” Yes
Wastewater Yes54” Yes
Utilities Issues
During construction caution should be used when working in the area of
the 54” wastewater line. The proposed request will have a minimal
impact the public water and wastewater systems.
1115SN0647-2015DEC16-BOS-RPT
Map 5: Existing Water & Wastewater Systems
1215SN0647-2015DEC16-BOS-RPT
ENVIRONMENTAL ENGINEERING
Drainage, Erosion and Water Quality
Staff Contact: Rebeccah Ward(748-1028) wardr@chesterfield.gov
Stormwater
Issue Discussion/Conditions
During construction, super silt fence should be used at the toe of the
Erosion and
slope and fill along Proctor’s Creek and the James River.
Sediment Control
Proffered Condition 8
1315SN0647-2015DEC16-BOS-RPT
CASE HISTORY
Applicant Submittals
4/6/2015 Application submitted
11/18/2015 Application amended
8/28, 11/17, Revised proffered conditions, Textual Statement and exhibits were submitted.
11/20, 12/2
and
12/4/2015
Planning Commission Meetings
10/20/2015 Action – DEFERRED TO NOVEMBER 17, 2015 ON COMMISSION’S MOTION
11/17/2015 Action – DEFERRED TO DECEMBER 15, 2015 ON COMMISSION’S MOTION
12/15/2015 STAFF WILL ADVISE OF THE COMMISSION’S ACTION AFTER THEIR PUBLIC
HEARING
The Board of Supervisors on Wednesday, December 16, 2015, beginning at 6:30 p.m., will
consider this request.
1415SN0647-2015DEC16-BOS-RPT
ATTACHMENT 1
PROFFERED CONDITIONS
Virginia Electric and Power Company (the “Owner”) in this zoning case, pursuant to §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, 805-662-7764, 805-666-2525, 806-662-8465, 806-
664-8063, 807-660-1776, and 811-660-3332 (the “Property”) under consideration will be developed
according to the following conditions if, and only if, the zoning amendment to Case 10SN0114 is
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.
With the approval of this request, Proffers 1, 2, 3, 4, 5, 7, 8, 11, 13 and Exhibits A, B, and C of Case
10SN0114 shall be amended as outlined below. All other conditions of Case 10SN0114 shall remain
in force and effect.
The Owner hereby amends Exhibits A, B, and C of Case 10SN0114 as follows:
Exhibit A– The plan titled “Dominion, Chesterfield Power Station, FFCP Management Facility,
Adjacent Parcel Map,” prepared by Golder Associates, dated May 2015.
Exhibit B– The plan titled “Facility Phasing Plan, Dominion Chesterfield Power Station,” prepared by
Golder Associates, Revision 4 dated 11/16/2015.
Exhibit C – The plan titled “Buffer Plan, Dominion Chesterfield Power Station,” Revision 4, prepared
by Golder Associates, dated 11/16/2015.
The Owner hereby amends Proffer 1 of Case 10SN0114 as follows:
1. 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; waste lime and limestone;
cenospheres; bead blast residue; stabilized solids from the plant waste water
treatment systems; stabilized solids from waste treatment facilities; filter press solids;
waste solid refractory; non-putrescible C&D debris from the station/landfill
operations; bag house bags (used and containing CCR’s); WWT filter press cloths;
1515SN0647-2015DEC16-BOS-RPT
vacuum filter cloth; multi-media fill from sand filters and multimedia filters (gravel,
sand, anthracite); and desiccant from air dryers.
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 and GS)
The Owner hereby amends Proffer 2 of Case 10SN0114 as follows:
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 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. Subject to the terms of subsection 2.D. below, 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 (the “Phase” or
“Phases”), exclusive of required stormwater and sediment basins, access roads, and
perimeter roads, shall be limited to an acreage range as follows:
i. Phase 1: between 12.0 acres and 15.0 acres.
ii.Phase 2: between 14.0 acres and 17.0 acres.
iii.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 and any additional Excavation Areas (defined and developed pursuant to
subsection 2.D. below) (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 Planning (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 and, if applicable, an Excavation Area. 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 County
1615SN0647-2015DEC16-BOS-RPT
Director of Planning (or his or her designee) to confirm compliance with the
dimensional requirements of this Proffer 2.
C. The maximum height of each Phase (as measured from mean sea level, or “AMSL”),
shall be as follows:
i. Phase 1: 140 feet AMSL.
ii. Phase 2: 195 feet AMSL.
iii. Phase 3: 225 feet AMSL.
iv. Phase 4: 275 feet AMSL.
D. In order to facilitate use of soil for the closure of the existing ponds (the “Pond
Closure”) where FFCPs are currently stored and for operations of the Management
Facility, the Owner shall have the right to excavate soil and related materials from
portions of the Property designated for Phase 2, Phase 3 and/or Phase 4, provided
that the each area designated for excavation shall be shown on the site plan as
“Excavation Area” or “Borrow Area” \[collectively “Excavation Areas”\]. Soil or other
materials from an Excavation Area may be temporarily stored in Stockpiles as set forth
in 2.E. below or on another portion of the Property that is south and east of Proctors
Creek.
E. Stockpiling of soil or other materials (the “Stockpiles”) shall be permitted as part of
the construction of the Phases and/or activities related to the Excavation Areas. The
Stockpiles shall be subject to the following limitations during the development of
Phases 1, 2 and 3, only:
i. The toe of the Stockpiles shall be located a minimum of three hundred (300)
feet south of the “James River Industrial Park” (defined as Tax IDs 803-669-
0332, 800-668-1000, and 800-668-7710) during development of Phases 1, 2
and 3.
ii. The height of the Stockpiles shall not exceed fifty (50) feet above existing grade
where adjacent to the James River Industrial Park. (P and GS)
The Owner hereby amends Proffer 3 of Case 10SN0114 as follows:
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) Mecklenburg Power Station (a power
station owned by the Owner) but from no other sources. The management of FFCPs from
Mecklenburg Power Station 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 Mecklenburg Power Station shall not exceed 55,000 tons
per any consecutive twelve month period. In the event of an emergency, additional
1715SN0647-2015DEC16-BOS-RPT
FFCPs 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 55,000 ton limit from the County Director of
Planning (or his or her designee) to confirm the fact that an emergency situation
exists.
B. The Owner shall maintain records of the weight (in tons) of all FFCPs received into the
Management Facility from Mecklenburg Power Station, and the Owner shall make
such records available for inspection by the County Director of General Services (or his
st
or her designee) to insure compliance with this condition. On or before April 1 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). (GS,
B, T and P)
The Owner hereby amends Proffer 4 of Case 10SN0114 as follows:
4. FFCP Handling.
A. Prior to the disposal of FFCPs in the Management Facility, the Owner shall install new
FFCP handling systems, identified on Exhibit A as the “Fly Ash Handling System.”
FFCPs to be disposed in the Management Facility from the Fly Ash Handling System
shall be hauled to the Management Facility on the private road shown in the general
location on Exhibit A as the “proposed haul road” (“Haul Road”). 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.
B. If the “Bottom Ash Handling System” is established on the south side of Coxendale
Road, it shall be generally located in the area so designated on Exhibit A. (GS)
The Owner hereby amends Proffer 5 of Case 10SN0114 as follows:
5. Road Improvements. To assist in mitigating impacts on Coxendale Road during the period of
hauling materials (the “Hauling Operations”) for construction of the Management Facility and
the Pond Closure, the Owner shall:
A. Maintain that portion of Coxendale Road located between the Haul Road’s
intersection with Old Stage Road/Coxendale Road to the Pond Closure access from
Coxendale Road. Prior to any Hauling Operations that use Coxendale Road, a
construction management plan for the maintenance and repair of Coxendale Road
shall be approved by the Virginia Department of Transportation (VDOT) that includes,
but not limited to:
i. Traffic control methods, to include lane closures, flagging procedures,
directional and informational signage, and designated access points for
deliveries and employee access.
1815SN0647-2015DEC16-BOS-RPT
ii. Road monitoring and policing on Coxendale Road, to include cleaning of debris
(such as mud) and repairing (such as structural failures and pot-holes) that
occur due to Hauling Operations.
B. Within twelve (12) months of the completion of the Pond Closure (currently estimated
for December 31, 2018), the Owner shall notify VDOT of such completion of the
Hauling Operations and shall make any needed repairs to that portion of Coxendale
Road referenced in 5.A. above, if determined necessary by VDOT. The repairs may
include a 1.5-2.0 inch asphalt overlay if necessary to return Coxendale Road to its pre-
Haul Operations condition.
C. The Owner shall be responsible for executing the approved construction management
plan as required by VDOT. (T)
The Owner hereby amends Proffer 7 of Case 10SN0114 as follows:
6. Fugitive Dust Management.
A. Prior to the start of operations of 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 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.
ii. Periodic watering and/or sweeping, as needed, of paved roadways.
iii. 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 theManagement 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.
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vii. The process for cleaning any spills of FFCPs on the Haul Road and any adjoining
public roads.
viii. 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 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 and P)
The Owner hereby amends Proffer 8 of Case 10SN0114 as follows:
7. Buffers.
A. A variable width buffer along the northern boundary of the parcel identified as Tax ID
802-665-4390 where the parcel is adjacent to the James River Industrial Park 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 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
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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. Except as set forth above, the existing natural vegetation located on the southern fifty
(50) feet of the Northern Vegetative Buffer and adjacent to James River Industrial Park
\[shown on Exhibit C as “Existing Trees to Remain”\] shall be retained. If insufficient
plantings exist, as determined by the Planning Department, additional plantings shall
be added in accordance to Perimeter Landscaping A, except that shrubs shall not be
required but may be provided. The exact locations, quantities, species, and sizes of
any supplemental landscaping, shall be determined at the time of site plan review.
\[NOTE: The purpose of this condition is to help establish additional plantings that will
help protect existing vegetation to “wind throw” when adjacent trees are removed
and the preserved trees are exposed to wind.\]
C. A one hundred (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
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, (iii) 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)
The Owner hereby amends Proffer 11 of Case 10SN0114 as follows:
8. Environmental Engineering. 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)
The Owner hereby amends Proffer 13 of Case 10SN0114 as follows:
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9. Parks. The Owner shall meet regularly with representatives from Henricus Historical Park and
the Chesterfield County Parks and Recreation Department to review the construction
management plan, to provide updates regarding the status of construction, and to coordinate
road related impacts to the park such as overflow parking, access to recreational areas, or
temporary road closures. (P&R)
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ATTACHMENT 2
EXHIBIT A
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ATTACHMENT 3
EXHIBIT B
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ATTACHMENT 4
EXHIBIT C
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ATTACHMENT 5
CASE 10SN0114 – APPROVED CONDITIONS
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