15SN0647
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:
MARCH 9, 2016
BOS Time Remaining:
281 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 generationfacility and a disposal facility for fossil fuel
combustion products (FFCPs) 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.
RECOMMENDATIONS
RECOMMEND APPROVAL
As conditioned, no off-site waste permitted to be received
Amendments appropriate to permit use of on-site soil for ponds
closures
PLANNING
Lined facility approved in 2010 is most reasonable way to handle
COMMISSION
disposal of FFCPs
2/16/2016
Case been discussed for many months, another deferral not
necessary
AYES: Wallin, Sloan, Jackson and Jones
ABSENT: Freye
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATIONS (Continued)
RECOMMEND APPROVAL
Amendments offer applicant flexibility to use Coxendale Road and
on-site soil for FFCP pondsclosure
No longer permits acceptance of off-site FFCPS from any source
Assistsin mitigating impacts on capital facilitiesby offering:
Maintenance and repair of Coxendale Road to mitigate
o
impacts on use of Coxendale Road instead of a private road
STAFF
south of Coxendale Road for hauling during pond closure
County and VDOT approval of a traffic management plan
o
and regular meetings between stakeholders to mitigate
impacts of hauling operations on county parks useduring
pond closure
Applicant to construct and grant easements for parks
o
parking and fire suppression system for Henricus Park or an
equivalent cash payment
Strengthens reporting requirements
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING
BUDGET AND
MANAGEMENT
FIRE
PARKS AND
RECREATION
CDOT
VDOT
UTILITIES
ENVIRONMENTAL
ENGINEERING
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315SN0647-2016MAR9-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
415SN0647-2016MAR9-BOS-RPT
PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
ZONING AND COMPLIANCE HISTORY
An electric generating facility has operated on the request property since the mid-1940s. At the time
the initial facility was constructed, electric power generating facilities were permitted by-right in an
industrial district. Subsequently, the Zoning Ordinance was modified to require approval of a
Conditional Use in Heavy Industrial (I-3) Districts for power generating facilities. With the ordinance
change, the facility became a legally non-conforming use. Several cases were approved to permit
expansions of the facility in the late 1980s and early 1990s (Cases 89SN0412, 90SN0283 and 90SN0307).
The 2010 zoning case, identified in the chart below, consolidated all properties related to the facility
under one (1) set of zoning guidelines to accommodate various power plant uses and permitted
development of a fossil fuel combustion products (FFCP) management facility (landfill) to replace on-site
FFCP ponds.
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 (FFCP management
APPROVED
facility) on the entire 842.1 acre tract in anticipation of
10SN0114
2/24/2010
FFCP handling pond closure
This case consolidated all 842.1 acres of the existing
electric power generating facility under one zoning
case
Attachment5
Case 10SN0114 permitted Dominion Power to receive FFCPs from off-site power generating stations
owned by the company with limitations such as tonnage, origination and reporting. Dominion advised
the County it had violated such conditions relative to the off-site origination by its receipt of FFCPsfrom
the MecklenburgPower Station. Upon discovery of this violation, on December 10, 2015, Dominion
discontinued acceptance of FFCPs from the MecklenburgPower Station.
CLOSURE OF FLY ASH PONDS AND NEW FFCP HANDLING SYSTEMS
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 such pond needed to be closed. The proposed waste
management facility (landfill) 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 indicated they have scheduled to close the two (2) ponds by December
515SN0647-2016MAR9-BOS-RPT
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, also 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 handled in a new “Bottom Ash Handling
System” north of Coxendale Road, as identified on Exhibit A. The beneficial FFCPs will be transported
off-site for other uses such as in concrete or for fill.
One (1) waste handling system is proposed south of Coxendale Road. This facility is identified on
Exhibit A as a Low Volume Wastewater Treatment Area which would replace existing use of an on-
site pond for such use (since the waste ponds are required to be closed). When this facility is cleaned
(approximately twice each year), the solids would be transported along Coxendale Road to the haul
road north of Coxendale Road for deposit into the FFCP management facility. (Exhibit A)
In addition, the applicant plans to use soil from the waste management facility site to coverthat
facility when it is operational and to close the existing ponds. Modifications to the 2010 zoning
conditions were necessary to permit stockpiling for this reuse of on-site soils.
PROPOSAL
The applicant is requesting modification to approved zoningconditions 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 federal regulations now requiring alternate handling
of FFCPs. Except asamended with this case, all other conditions of Case 10SN0114 would remain in
force and effect. An overview of the proposed amendments is provided in the following chart:
EXISTING ZONINGCURRENT PROPOSAL
CONDITION CASE 10SN0114 CASE 15SN0647
(ATTACHMENT 5) (ATTACHMENT 1)
Fossil Fuel Combustion Products
Expands definition of FFCPsin
(FFCPs) identified as defined by DEQ
accordance with DEQ definition and
includes language that clarifies
Uses
FFCPs are only those generated by
the Chesterfield Power Station
Proffered Condition 1
Proffered Condition 1
Stockpiling permitted with each Removes limitation on acreage of
operational phase of waste stockpile area
management facility(on-site
Modifies permitted locations for
landfill to be constructed)
stockpiling – south and east of
Soil Extraction &
Limits acreage and location of Proctor’s Creek and a minimum of
Stockpiling
stockpile area 300 feet south of the “James River
IndustrialPark”
Establishes phasing for waste
management facility Permits stockpiling and soil use for
closure of existing ponds
Proffered Condition 2Proffered Condition 2
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EXISTING ZONINGCURRENT PROPOSAL
CONDITION CASE 10SN0114 CASE 15SN0647
(ATTACHMENT 5) (ATTACHMENT 1)
Only permits acceptance of Proffered Condition 3 of Case
off-site FFCPs from 10SN0114 deleted
Southampton Power Station
Receipt of off-site waste (FFCPs) from
and James River Cogeneration
any source is not permitted
Station
Maximum annual tonnage of
Acceptance of Off-
off-site waste permitted
Site Waste and
(122,500 tons)
Per Ton Fee
Requires payment of $1 per
ton to county to assist in
mitigating impacts on public
roads
Proffered Condition 3
Requires construction of Eliminates private haul road south of
private road south of Coxendale Rd
Coxendale Rd as a “haul” road
New FFCPs handling systems (silos
to transport FFCPs from fly-ash
planned) for FFCPs (both waste and
ponds to waste management
beneficial FFCPs) located north of
facility
Coxendale Rd;
Prohibits hauling of waste on
Low volumewastewater treatment
public roads except where
basin located south of Coxendale Road
crossing from haul road to
(concrete lined treatment basin for
FFCP Handling
waste management facility
use after facility cleaning and to
Requires applicant maintain collect stormwater);replaces existing
public road crossing use of on-site pond which is being
closed; generatesapproximately 2,000
tons of on-site solid waste annually
deposited generally twice a year into
FFCP management facility when such
basin is cleaned
P Proffered Condition 4 and Exhibit A
roffered Condition 4
Requires dust management plan Changes timing for dust plan submittal to
Dust
with site plan submittal prior to commencing operation of the
Management Plan
FFCP management facility
Proffered Condition 7 Proffered Condition 6
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
715SN0647-2016MAR9-BOS-RPT
EXISTING ZONINGCURRENT PROPOSAL
CONDITION CASE 10SN0114 CASE 15SN0647
(ATTACHMENT 5) (ATTACHMENT 1)
Maintenance of public road Requires maintenance and overlay of
crossing from haul road (south Coxendale Rd after pond closure
of Coxendale Rd) to waste
Deletes requirement for annual
management facility (north of
payment to County for public facilities
Coxendale Rd)
impacts
Annual payment of $100,000 to
Traffic management plan to be
County for public facility
Capital Facility
approved by VDOT & County to
impacts
Impacts mitigate impacts of hauling
operations on parks use
Applicant to construct and grant
easements for parks parking and fire
suppression system for Henricus Park
or an equivalent cash payment
Proffered Condition 5
Proffered Condition 5
Requires buffer along the Only requires buffer along the northern
northern and western property property boundary adjacent to the James
boundaries River Industrial Parkand maintains
Buffers*
buffer along the western property
boundary.The applicant owns property
adjacent to the northern property
boundary were buffer no longer required
Proffered Condition 8
Proffered Condition 7 & Exhibit C
Requires committee including Requires regular meetings with operator
operator, representatives from and representatives from Henricus
James River Industrial Park and Historical Park and Chesterfield County
Stakeholder
County General Services to meet Parks and Recreation to discuss traffic
Communication
to discuss operation management plan and impacts of hauling
on parks use
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.
815SN0647-2016MAR9-BOS-RPT
FINANCIAL IMPACT ON CAPITAL FACILITIES
Budget and Management
Staff Contact: Alan Carmody (717-8767) spillmann@chesterfield.gov
The modifications to Case 10SN0114 proposed with this case will result in an impact on capital
facilities. The road impacts generally consist of degradation in the paved surface of Coxendale Road
due to the Hauling Operations. The Park impacts generally consist of: 1) interruptions to the use of
an overflow parking area for Henricus and 2) increased traffic impacts on Coxendale Road resulting
from the Hauling Operations which will impact vehicular movements accessing County recreation
facilities (Dutch Gap Boat Launch, Dutch Gap Conservation Area and Henricus Historical Park). The
County envisions mitigating the Park impacts by constructing an alternative overflow parking lot
(located away from the existing overflow parking) and associated pedestrian trail and footbridge
connecting the parking lot to Dutch Gap Conservation Area and Henricus Historical Park.
Proffered Condition 5 of Case 10SN0114 offers annual cash payments for the operational life of the
waste management facility to address the impacts on capital facilities anda per ton fee (for off-site
waste received). With the deletion of Proffered Condition 3 of Case 10SN0114, receipt of off-site
waste is no longer permitted.
Proffered Condition 5 of the current proposal provides for the construction of an overflow parking
lot, generally in the existing location, and associated easements for the parking lot and an existing
fire pump serving Henricus. This proffered condition is written to allow the County to accept a cash
payment in lieu of the parking lot construction and easements at a specified method of valuation.
The value of the cash payment is estimated to be approximately $400,000 to $600,000 which does
not include relocating the overflow parking and an alternative pedestrian access, and as such is less
than the County’s estimate of $1.2 million for Park impacts.
In total, the applicant has reduced their impact substantially by prohibiting imported materials and
has agreed to provide, upon acceptance by the County, construction of overflow parking or cash in
the amount of $400,000 to $600,000 toward a newly relocated parking area to address the Park
impacts.
Relative to the impacts of hauling operations during pond closure, the applicant’s proffer (Proffered
Condition 5), requires the applicant to maintain and repair Coxendale Road; offer a traffic
management plan for County and VDOT approval; and, commit to regular meetings between
stakeholders to mitigate impacts on parks use.
Staff finds the proffered conditions related to the impact on capital facilities offered in this case,
acceptable.
915SN0647-2016MAR9-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 Dutch Gap Fire Station, Company Number 14
EMS Facility Bensley-Bermuda Volunteer Rescue Squad
PARKS AND RECREATION
Staff Contact: Stuart Connock (314-7815) connocks@chesterfield.gov
Parks and Recreation operates \[3\] park sites in the vicinity of the case: Dutch Gap Boat Launch, Dutch
Gap Conservation Area and Henricus Historical Park. All three sites are served by Coxendale Road and
its feeder roads. Staff understands that the proposed hauling operations will occur from the
intersection of Old Stage and Coxendale and continue on Coxendale, south to the parks, for
approximately 0.5 miles. This access is the only way for park visitors to use Henricus and Dutch Gap
Conservation Area and is the common access for Dutch Gap Boat Launch.
The Parks and Recreation Department monitors park use. Traffic counters are located at the
entrances to Henricus Park/Dutch Gap Conservation Area and the Dutch Gap Boat Launch. For the
period September thru December 2015, the parks have 530 average daily trips (ADT) for the boat
launch and 510 ADT for Henricus and Dutch GapConservation Area. Peak traffic is around the noon
to 3 pm hours. Based on past records, for Henricus and Dutch Gap Conservation Area, the levels of
traffic would be comparable for other months of the year. For Dutch Gap Boat Launch, this level of
traffic would be 30% greater for peak months of June thru August and 50% less for months January
thru March. VDOT 2009 ADT is 1800 for this segment of Coxendale Road.
There are approximately 60 outdoor programs administered by park staff and 52 historical programs
by Henricus Staff each year at these parks. Outdoor programs, such as group kayaking, generally
involve 10 cars, during weekends or 1 bus and 5 cars during the week. Historical programs range
from 10-20 cars to 4500 car special events over a weekend period. During months of April–May and
Sept thru Nov, 4-5 school groups arrive mid-morning and depart mid- afternoon Monday thru Friday.
While there are currently no formal programs administered at the Dutch Gap Boat Landing, it is open
24 hours daily.
It is understood that excavated material from the new site is hauled to the existing site daily and may
be continuous (with two (2) shifts operating each day). There are currently no limitations on hours or
days of operation provided for in this case.
1015SN0647-2016MAR9-BOS-RPT
Hauling operations would present impacts as follows: \[1\] The ADT on Coxendale Road will be
increased significantly by the truck traffic and add congestion at the Old Stage Road intersection and
along Coxendale Road; \[2\] This congestion will add inconvenience to the individual visitor; and, \[3\]
The long period of construction/hauling \[estimated at 2-3 years\] could temporarily and permanently
reduce attendance to the parks.
Parks and Recreation currently uses the eastern end of the Pond Closure Area for overflow general
parking for Henricus Historical Park, Dutch Gap Conservation Area, and for special event parking for
Henricus. This parking has occurred due to a long standing arrangement between the county and
Dominion Power. With space for approximately 250-300 cars, this parking area provides the current
peak attendance capacity for both parks and projected long term needs of the two sites. The
Henricus Master Plan recommends additional interpretive venues and a new visitor center/museum,
both parking generators. The conversion of this parking area to standard landfill cap represents a lost
opportunity to meet parking demands immediately adjacent to Henricus Historical Park and Dutch
Gap Conservation Area.
Parks and Recreation –Project Impacts
The applicant has offered conditions to assist in mitigating the
impact of the proposal on park facilities:
Construction and Traffic Management Plans would be
required for Coxendale Road during hauling operations to
minimize impacts on access and use of park sites, (Dutch Gap
Conservation Area, Dutch Gap Boat Launch and Henricus
Historical Park.)
Regular meetings required with representatives from Parks
Impact on Park facilities
and Recreation Department and Henricus Historical Park to
discuss general construction issues and hauling operations,
traffic management, and measures to mitigate road related
impacts on parks use
Applicant to construct and grant easements for parking
and fire suppression system for Henricus Park and Dutch
Gap Conservation Area or an equivalent cash payment
Proffered Conditions 5 and 9
1115SN0647-2016MAR9-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/management, maintenance and repair, as
required by VDOT and the county, of the section of Coxendale
Road that will be impacted by construction of the
management facility and pond closure.
Proffered Condition 5
Hauling materials for construction of the management facility and closure of the pond will have a direct
traffic impact on Coxendale Road. 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 and provide traffic
management for Coxendale Road during hauling operations.
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
1215SN0647-2016MAR9-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. The proposed amendments do not change these
requirements, except that the timing of the approval of the Dust Management Plan will be prior to
commencing operation of the management facility instead of with site plan approval.
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 Yes 54” 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.
1315SN0647-2016MAR9-BOS-RPT
Map 5: Existing Water & Wastewater Systems
1415SN0647-2016MAR9-BOS-RPT
ENVIRONMENTAL ENGINEERING
Drainage, Erosion and Water Quality
Staff Contact: Rebeccah Ward(748-1028) wardr@chesterfield.gov
Stormwater
IssueDiscussion/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
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CASE HISTORY
Applicant Submittals
4/6/2015 Application submitted
11/18/2015 Application amended
8/28, 11/17, Revised proffered conditions and exhibits were submitted.
11/20, 12/2
and
12/9/2015
1/13, 2/10 Revised proffered conditions and an exhibit were submitted.
and
2/12/2016
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 Action –DEFERRED TO REGULARLY SCHEDULED MEETING IN FEBRUARY 2016
AT APPLICANT’S REQUEST
2/16/2016Citizen Comments
Coal ash is hazardous; cause of serious medical issues
Case should be deferred to allow citizens additional time to review
Prohibiting import of coal ash from other sources is an improvement to
case
Dominion should be required to remove ash previously imported from
other facilities and be fined
Capping existing fly ash ponds in place should not be allowed
Need to address safety issues, impacts on parks use and erosion control
Dust management
Commission Discussion
Agree approved landfill is better way to handle ash
Prohibition of facility to receive off-site waste from any source is
substantial improvement over the 2010 zoning; Relieves risks of
transporting ash along county roads
Offers flexibility to use on-site soils for ponds closure
Important to ensure dewatering of lower pond is held to highest
environmental standards
Recommendation: APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Sloan Second: Jones
AYES: Wallin, Sloan, Jackson and Jones
ABSENT: Freye
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Board of Supervisors Meetings
12/16/2015 Action –DEFERRED TO BOARD’S REGULARLY SCHEDULED MEETING IN
MARCH 2016 ON BOARD’S MOTION AND CONFIRMED THE CASE WOULD NO
LONGER BE DOUBLE ADVERTISED
The Board of Supervisors on Wednesday, March 9, 2016, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT1
PROFFERED CONDITIONS
February 12, 2016
Note: The proffered conditions contained herein are recommended by both staff and the
Planning Commission.
STATEMENT OF PROFFERS
Virginia Electric and Power Company
Chesterfield Power Station
15SN0647
March 30, 2015
Revised August 25, 2015
Revised November 17, 2015
Revised November 19, 2015
Revised November 20, 2015
Revised December 2, 2015
Revised December 7, 2015(Revisions only)
Revised February 10, 2016 (Revisions only)
Revised February 12, 2016 (Revisions only)
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.
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 February 2016.
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:
1815SN0647-2016MAR9-BOS-RPT
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”), generated by
the Chesterfield Power Station. 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; 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, generated on the Property by the
Chesterfield Power Station.
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)
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 Aas “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.
1915SN0647-2016MAR9-BOS-RPT
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 Directors of Environmental
Engineering and Planning (or their designees), 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 Directors of
Environmental Engineering and Planning (or their designees) 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 threehundred (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.
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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 EE)
The Owner hereby deletes Proffer 3 of Case 10SN0114:
3.HEREBY DELETED
The Owner hereby amends Proffer 4 of Case 10SN0114 as follows:
4.FFCP Handling. Prior to the disposal of FFCPs inthe Management Facility, the Owner shall
install the “Fly Ash Handling System” and the “Bottom Ash Handling System” north of
Coxendale Road, and the “Low Volume Wastewater Treatment Area” (“Treatment Area”)
south of Coxendale Road, all in the general locations shown on Exhibit A. FFCPs to be
disposed in the Management Facility from the Fly Ash Handling System and the Bottom 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”), and the stabilized
solids to be deposited in the Management Facility from the Treatment Area shall be
transported from the Treatment Area using that portion of Coxendale Road from the
entrance to the Treatment Area to the entrance to the Haul Road on Coxendale Road. The
Haul Road shall be paved with asphalt, concrete, or other hard-surface material, but no curb
and gutter shall be required. (GS and P)
The Owner hereby amends Proffer 5 of Case 10SN0114 as follows:
5.Public Facility Mitigation.
A. 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:
i.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 and a traffic management plan, designed to mitigate impacts
on park use from Hauling Operations, shall be approved by the Virginia
Department of Transportation (VDOT) and the County that may include, but
shall not be limitedto:
(a) Traffic control methods, to include lane closures, flagging procedures,
directional and informational signage, signalization, timing of Hauling
Operations, and designated access points for deliveries and employee
access.
(b) 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.
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ii. Within three (3) months of the completion of the Hauling Operations, the
Owner shall notify VDOT and Chesterfield County Department of
Transportation (CDOT), in writing, of the completion of the Hauling Operations
and shall make any needed repairs to that portion of Coxendale Road
referenced in 5.A. above within twelve (12) months after such repairs are
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.
iii. The Owner shall be responsible for executing the approved construction
management plan as required by VDOT.
B. Other Capital Facilities.
i.In addition to mitigating impacts on Coxendale Road, within twelve months
after approval of a site plan for Phase 1 of the Management Facility, the Owner
shall submit to the County for its review and acceptance a proposal for the
construction of improvements and dedication of the easements as described
below (the “Proposal”).
(a) Construction of a parking lot located adjacent to Henricus Historical
Park (“Henricus”) on an area of approximately 2.2 acres, which
construction shall be subject to DEQ and Virginia Department of
Conservation and Recreation (“DCR”) review and approval.
(b) Dedication of an easement to the County over the parking lot described
in the paragraph above, including access aisles to such parking lot,
which easement shall be subject to use and maintenance provisions
required by DEQ, DCR, and any other regulations, conditions and
environmental practices necessary to protect the cap and the liner
system forthe pond closure.
(c) Dedication of an easement to the County over that part of Parcel 3332
adjacent to the parking lot referenced above and where the County fire
suppression pump house for Henricus is located (not to exceed 1.2
acres).
The total easement area on Parcel 3332 shall not exceed 3.4 acres.
ii. The Proposal shall include the following detailed information:
(a) A scope of work and a firm bid price (the “Construction Cost”) from a
contractor for construction of the parking lot based on the scope of
work.
(b) The value of the easement(s) to be granted as determined by an MAI
appraisal (the “Easement Value”).
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(c) The provisions of each of the easements regarding use and
maintenance provisions required by DEQ, DCR, and any other
regulations, conditions and environmental practices necessary to
protect the cap and the liner system for the pond closure.
(d) A schedule for completion of the parking lot construction.
iii. If the County accepts the Proposal in total, the Owner shall be responsible for
construction of the improvements and dedication of the easements on the
later of (a) issuance by DEQ of the Certificate to Operate the Management
Facility (the “Certificate”)or (b) a date approved by the County as outlined in
the Proposal. Within 90 days after the issuance of the Certificate, the Owner
shall provide a copy of the Certificate to the County Director of Planning.
iv. If the County does not accept the terms of the easements as identified in the
Proposal pursuant to 5(b)(ii)(c) above, the Owner shall pay to the County an
amount equal to total of the Construction Cost plus the Easement Value, which
amount shall be paid prior to the issuance of the Certificate. (P, CDOT, P&R,
BM and VDOT)
The Owner hereby amends Proffer 7 of Case 10SN0114 as follows:
6.Fugitive Dust Management.
A. Prior to the issuance of the Certificate, the Owner shall provide to the County
Directors of Planning and General Services (or their designees) 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 submitto the County Directors of Planning and General Services (or their
designees) 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.
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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.
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 \[within thirty (30) days of the approval date of
any amended permits\] those amended permits to the County Directors of Planning
and General Services (or their designees). 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
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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
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 Cas “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)
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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:
9.Pond Closure Coordination. The Owner shall meet at least quarterly during the period of the
Pond Closure (and more frequently if requested by the County) with representatives from
Henricus Park and the Chesterfield County Parks and Recreation Department. These
meetings shall be for the purpose of reviewing the construction management and traffic
management plans, 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, temporary road closures, and other measures to mitigate impacts of Hauling
Operations. Such coordination shall give special attention to large scale events and public
schools field trips held at Henricus Park, Dutch Gap Boat Landing, and Dutch Gap
Conservation Area. (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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