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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 215SN0647-2016MAR9-BOS-RPT 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 615SN0647-2016MAR9-BOS-RPT 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 1515SN0647-2016MAR9-BOS-RPT 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 1615SN0647-2016MAR9-BOS-RPT 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. 1715SN0647-2016MAR9-BOS-RPT 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. 2015SN0647-2016MAR9-BOS-RPT 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. 2115SN0647-2016MAR9-BOS-RPT 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”). 2215SN0647-2016MAR9-BOS-RPT (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. 2315SN0647-2016MAR9-BOS-RPT 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 2415SN0647-2016MAR9-BOS-RPT 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) 2515SN0647-2016MAR9-BOS-RPT 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) 2615SN0647-2016MAR9-BOS-RPT ATTACHMENT 2 EXHIBIT A 2715SN0647-2016MAR9-BOS-RPT ATTACHMENT 3 EXHIBIT B 2815SN0647-2016MAR9-BOS-RPT ATTACHMENT 4 EXHIBIT C 2915SN0647-2016MAR9-BOS-RPT ATTACHMENT 5 CASE 10SN0114 – APPROVED CONDITIONS 3015SN0647-2016MAR9-BOS-RPT 3115SN0647-2016MAR9-BOS-RPT 3215SN0647-2016MAR9-BOS-RPT 3315SN0647-2016MAR9-BOS-RPT 3415SN0647-2016MAR9-BOS-RPT 3515SN0647-2016MAR9-BOS-RPT 3615SN0647-2016MAR9-BOS-RPT 3715SN0647-2016MAR9-BOS-RPT 3815SN0647-2016MAR9-BOS-RPT 3915SN0647-2016MAR9-BOS-RPT 4015SN0647-2016MAR9-BOS-RPT 4115SN0647-2016MAR9-BOS-RPT 4215SN0647-2016MAR9-BOS-RPT 4315SN0647-2016MAR9-BOS-RPT 4415SN0647-2016MAR9-BOS-RPT 4515SN0647-2016MAR9-BOS-RPT 4615SN0647-2016MAR9-BOS-RPT 4715SN0647-2016MAR9-BOS-RPT 4815SN0647-2016MAR9-BOS-RPT