24090048 EXCEPTION APPLICATION CBPEC. 2L41 And application for Exception is required for new, non-waterdependent development, redevelopment, and construction within 50' of the Resource Protection Area (RPA). APPLICANT/AGENTINFORMATION: Name: Jason A. Grimes, P.E. Mailing Address: 5248 Olde Towne Road Suite 1 City/Statc/Zp: Williamsburg, Virginia 23188 Email: asongrme@atvacom PROPERTY OWNER INFORMATION: Name: Pete Henderson Mailing Address: City/State/Zip: Phone: 757-253-0040 x 1107 Phone: 757-565-1090 5806 Mooretown Road Williamsburg, Virginia 23188 Email: pete@hendersoninc.com PROPERTYINFORMATION: Tax Map arRPC: 42798 Date Lot Recorded: 2/8/2008 Distance to RPA Feature:, o(erseny) DETAILS OF REQUEST: E911 Street Address:, NIA Nearest Water Body: Cow Creek Pond Sq Ft. oflincroachment: 9,595sf (0.224c) Build driveway from Patriots Way East to opposite side of Cow Creek. Current property access isno longer serviceable and will be vacated and restored as part of this application. d Woodca pare shich hes ken peiady Amoah. DIRECTIONS TO THE PROPERTY; PRIV.YACTSTSTATENIENT: Information providedint the Chesapeake Bay: application willl be used in the permit rvicw pricuss: andi isa matter nf public record unce the application is filed. Disclosure of the neyuesied information is voluntary. but it may not be possible to evaluate the CARTIHICATION:I: am hereby applying for all permits spically issucd by Dpartment uf Einvironmental Quality. Virginia Marine Resurce Cummissiun.US.. myforsoll Enpiacers. Chosapcake Hay paucssanl/uclacil Metlands Boanlfarshe: actisities I haelscihalhemia. agreet to: allw the duly authurized mpresentatives of: any reyulatory ur: advisury agency lo enter upon the premises of the prjuct site at reasnable times toi inspect: and photograph site conditions, both in revicwiny a prupasal toi issue: apermit and: after permiti issuance (o determine cumpliance witht the permit. In addition,lcentify under penalry oflaw that this ducument and: all: attachments were prepared under my direction ur supervisiun in: accurdance with a system designed to assure that yualificd persannel pruperly gather and evaluate the information submitted. Basud on my inyuiry of the pers or persons who manage they system or thuse persans directly responsible for gathering the infomation, the infurmatinn submitted is, tu thy/het uft my knowledge and belicf, tne, accurate, and complete. lam aware that there are significant penaltics for submitting permit application or toi issuc a permit ift the information requested is nut proriled. fuksei linfurmating/finchuling: the possibility of fine and imprisunment for knowing vinlations, ysors GRMES Sgrature 9-20-24 DDate E DE GELVEN SEP26:2024 D SM Revisnn: 2/3134 Lu By 2 CONDITIONS FOR GRANTING EXCEPTION (Sec. 5.5-14) Required by Code - please provide any input as to how your project complies. 1.1 Requirements shall be minimum necessary to afford relief. Driveway width and grading to be minimal to safely access property for land owner. 2. Reasonable and appropriate conditions are imposed, as warranted, that will prevent the Work to be performed by licensed contractorwith appropriate erosion and sediment control allowed activity from causing a degradation of water quality. measures installed. 3. Granting cxccption will not confer applicant any special privileges that are denied to other property owners subjcct to its provisions and are similarly situated. Exception Is minimum necessary to gain access to property. 4. Exception is in harmony with purpose and intent of Ordinance and not of substantial detriment to water quality. Exception is minimum necessary to gain access to property. 5. Exception not based on sel-imposed/created conditions or circumstances. Exception is minimum necessary to gain access to property. Exception is a reduction over previously approved exception for two roadway crossings. 6. Other findings, as appropriate and required by Gloucester County. Please use additional sheets if necessonylorcompeting the questions above. :i Revun/3134 Water Quality Impact Assessment Patriots Walk Phase 3 Driveway Access Rcviscd: Scptember 25, 2024 AES CONSULTINGI ENGINEERS Prepared by: AES Consulting Engineers 5248 Olde Towne Road. Suitel Williamsburg, VA23188 (757)253-0040 Fax:(757)220-894 htp/www.aesva.com Table ofContents I. INTRODUCTION II. WATER QUALITY IMPACT ASSESSEMENT A. Identification oft the impact and the required information for review B. Proposed mitigation III. CONCLUSION IV. APPENDIX Exhibit A .I INTRODUCTION Cow Creek LLC has modified the previously approved Water Quality Impact Assessment which outlined 8 areas of impacts to the RPA and is currently requesting only 2 areas ofi impact to provide access to the property on the western side of Cow Creek from the end of Patriots Way East. Not specific to this application but as an overall way of preserving the property, the western side of the creek has been placed in a Conversation Easement limiting the development of the property. Additionally this access is the minimal necessary to provide safe vehicular access and is intended for private access only. The access isi intended as a driveway that may be used for up to two future residential homes that are all that will be A previous access to the property will be abandoned and restored as part of the permit to impact the wetlands in this area. The current wetland and RPA buffer crossing which permits access to the western side of the creek will no longer be accessible with the future sale/construction on Lot' 70 within Patriots Walk Section Cow-Crek,LLC,pepepasingtereselaisMsemefaSAaersime-asele: ePaties-ak-sahiwweheatemiytsaihe-sies Fe-pupese-eHtHMSeSeESAeNHSte-emmeRaeanéerganipe-miermermaten-abeutme Prepeset-mpaes-eyheyPeeMNAHERe easemably-meeessesaytertmedevelepmentePspreperyams-e-sentily-prepesed erHmepurpeseseHFsrePeMkthereareeightype#eareMOFCBPA-mpaets-PRe Preehara-BwhbArsemwAawPemtstereativeleeatomefhe mpaes-UPeR-PPpreva-eFne-emma-ewePhem,tePrepeset-migetien-desetbed-m hisessessmetwllbeinepenistime-aehesbaéahiwseomplams-wlichare permitted on the property. 2. eeated-at-Patriels-Way-Cieueeseer,VA-23061. mitgatien-thatadéressesschimpaets. reguired-es-parteftnedevelepmetreview-preeess. II. WATER QUALITY IMPACT ASSESSMENT A. Identification of Impacts and Required Information for Review An majority of the site is modcrately sloped, averaging 2-10%, with smaller areas excceding 10-20%. A majority of lands sloped 20-30% are located in RPA buffers and (with the exceptions listed below) shall not be disturbed. The hydrologic soil groups found to be located on this site arc primarily Hydrologic Group B&C that generally indicates a low infiltration ratc, with a majority oft these soils bcing located in RPA buffers and wetlands. The Overall Drainage Plan sheet in the Development Plan for more clearly delineates the various soils and their relative hydrological classification, crosive characteristics and typical slopes. Impact #6A - Non-Tidal Wetlands in RPA 4,432 square feet or 0.10 acres. Impact #6B - Non-Tidal Wetlands in RPA 5,160 square feet or 0.12 acres. Impact No. 6A is for the construction of Patriots Way East. The area of this impact is Impact No. 6B is for the construction of Patriots Way East. Thc arca of this impact is Impacts listed below were previously approved but no longer being considered: impae-Ne-tiferheeresemsinsieefaeesuhPpaf8MPA-PhearseFihs impast#l-Nen-ide!-WetenéainRPA mPaetAguere-eeter.6y-eres: mpRe2-Nen-Taall-WeenéhinRPA mPaeHé5areteetePXYEe: mpaet-Nen-Tse--WeaméhiRPA impaetis-,S-sgreware-eker.P)-eres: impast-Nen-ee-ndiRPA mpeet-S/guereleere-eeteP4ASPees, mpetSA-Men-TidWeemdsnRPA 0,996-sqware-feeteeterv:250-aeres: mpet#S8-Men-iatemRRPA 10,939-square-feeter0:249-eeres. mapaet-Ne-2-s-ertne-censiweenMPCHEPPeeHBMP-#8--teaFea-ePS impe-Ne-3-ierheesemsinsimefteewhlPipeF8MP4.-PheareeFihs petuarariwsPaw mpaetNO-SA-s-tePtheeensiweHeHReFPaEme-Wey-We-HPAFearetas-tmpaets impaetNe-sBipertheeraeomsrstiomeaneriKe-fiepaets Although not dependent on the review and approval of this assessment, required permits necessary to develop this project include, but are not limited to: General Virginia Stormwater Management Program (VSMP) Permit, Corps of Engineers Wetland Disturbance Permit, Virginia Department of Environmental Quality's Virginia Water Protection General Permit, LandDisturbing Permit and Siltation Agreement. These and any other permits that may be required shall be (ifnot already) applied for at the appropriate time. B. Proposed Mitigation Mitigation for the impacts to the buffers include restoration of previous areas ofbuffer impacted to access the property. Thesc areas are identified to be restored as part ofthe overall wetlands impact permit but will to the grading shall include minimal disturbancc toe existing vegetation. Initial mitigation cfforts for these impacts shall includc E&S measures as described in the Virginia Erosion & Sediment Control Handbook, such as permanent sceding that will incorporate a conservation seed mix applicable to the special requirements of the RPA, silt fencing, and ECSC-2 straw/coconut turf reinforcement matting (manufactured by East Coast Erosion Control or equal). These elements have been designed such that the preservation of existing vegetation will be preserved to the greatest extent possible. III. CONCLUSION Ins summary, the findings of this Water Quality Impact Analysis indicate that: All measures or methods have been explored to avoid any impact to the CBPA. Whcn unavoidable, the impacted area has been minimized to the Extensive measures were also employed to minimize the effects of the subsequent discharge of stormwater to the receiving channel and wetlands. E&S measurcs, conservation seeding and additional natural open space have been provided in order to mitigate for the impacts noted. greatest extent possible. IV. APPENDIX Please refer to attached Exhibit A: Shw-ef6-RPAimpa Sheet-2-of6 RPA-mpaet#2 Sheet3ef6 RPA-mpaet#3 SaHe-RPAImP Sheet5ef6 RPA-mpaet#s Sheet t6of6 RPA Impact #6 SANOBSG963403-Cow: Creck- Phase WaminkepenstagwdA