STAFF S REQUEST ANALYSIS AND RECOMMENDATION 10SN0114. Virginia Electric & Power Company c/o Dominion Resources, Inc.

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1 January 19, 2010 CPC SFF S QUS NLYSIS N COMMNION 10SN0114 Virginia lectric & Power Company c/o ominion esources, Inc. Bermuda Magisterial istrict Coxendale and Old Stage oads QUS: ezoning from Light Industrial (I-1) to Heavy Industrial () of acres with Conditional Use to permit an electric power generation plant and disposal facility for fossil fuel combustion products on the entire acre tract. POPOS LN US: n electric power generation plant, commonly known as the Chesterfield Power Station, is currently operated on a portion of the request property. Initially developed in the 1940 s as a by-right use, this facility has expanded with three (3) conditional use approvals. he applicant seeks to consolidate all properties related to the station under one (1) set of zoning guidelines, thereby permitting flexibility to accommodate various power plant uses throughout the property. In addition, the development of a Fossil Fuel Combustion Products (FFCPs) disposal facility is proposed north of the existing station. his long-term management facility would accommodate FFCPs generated both on-site and from other ominion power plants, as well as permit reclamation of this material for reuse or use in other products, as limited by the proffered conditions. ecommend approval for the following reasons: COMMNION. he proposed zoning and land uses conform to the Consolidated astern rea Plan which suggests the property is appropriate for industrial use. B. he proffered conditions ensure land use compatibility between the proposed landfill and existing and anticipated area industrial development. Providing a FIS CHOIC community through excellence in public service

2 C. xisting County Ordinances and proffered conditions together with the requirements of the Virginia epartment of nvironmental Quality (Q) and the U.S. nvironmental Protection gency (P) relative to the siting, design, construction, operation and closure of solid waste management facilities, further ensure that landfilling operations are conducted in a manner that is compatible with area development and do not have an adverse impact on public health, safety and environment. (NO: CONIIONS MY B IMPOS O H POPY OWN(S) MY POFF CONIIONS.) POFF CONIIONS Virginia lectric and Power Company (the Owner ) in this zoning case, pursuant to Section 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 ax Identification Numbers , , , , , , and (the Property ) under consideration will be developed according to the following conditions if, and only if, the rezoning request for and the conditional use permits (CU) are granted. In the event the request is denied or approved with conditions not agreed to by the Owner, the proffers shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers will supersede all proffers and conditions now existing on the Property. xhibit he plan titled ominion, Chesterfield Power Station, FFCP Management Facility, djacent Parcel Map, prepared by Golder ssociates, dated 11/4/09. xhibit B he plan titled Facility Phasing Plan, ominion Chesterfield Power Station, prepared by Golder ssociates, evision 2 dated 12/9/09. xhibit C he plan titled Buffer Plan, ominion Chesterfield Power Station, revision 2, prepared by Golder ssociates, dated 10/26/ Uses. Uses permitted on the Property shall be:. ny use permitted in the Heavy Industrial () istrict. B. lectric power generation plant. C. Management facility for fossil fuel combustion products ( FFCPs ), as that term is defined by the Virginia epartment of nvironmental Quality ( Q ). For purposes of this condition, the term FFCPs shall include fly ash; bottom ash; gypsum; rock, pyrites and tramp iron; waste coal and coal fines; ground wood; waste lime and limestone; cenospheres; bead blast residue; stabilized solids from the Plant Waste Water reatment Plant; 2 10SN0114-JN19-CPC-P

3 stabilized solids from Waste reatment Ponds; filter press solids; and waste solid refractory.. Ponds or other storage facilities for FFCPs.. Haul road or other manners of transport of FFCPs. F. eclamation of FFCPs. G. ny accessory uses associated with any of the uses listed above. (P) 2. Construction and Phasing of FFCP Facility.. he FFCP management facility (the Management Facility ), generally shown on xhibit as proposed FFCP limits of disturbance shall be developed as an industrial waste disposal facility, subject to Virginia epartment of nvironmental Quality ( Q ) regulations. Notwithstanding the general nature of the proposed FFCP limits of disturbance shown on xhibit, the actual area of disturbance for the Management Facility (exclusive of the Haul oad as described in Proffer 4) shall not exceed ninety-two (92) acres. B. he Management Facility shall be constructed in four phases. he 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 xhibit B. he lined areas for each phase, 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. iii. iv. Phase 2: between 14.0 acres and 17.0 acres. Phase 3: between 15.0 acres and 18.0 acres. Phase 4: between 20.0 acres and 23.0 acres. he Owner shall submit a phasing plan that shows the exact size and dimensions of each phase (the Phasing Plan ), which plan shall be submitted for approval with the site plan for the first phase of development for the Management Facility and shall also be submitted to the County irector of General Services (or his or her designee), to confirm compliance with the dimensional requirements of this Proffer 2. he Phasing Plan shall include an estimated time schedule for development of each phase. If the Owner decides to change the size and/or dimensions of any phase after approval of the original Phasing Plan, the Owner shall be 3 10SN0114-JN19-CPC-P

4 required to resubmit for approval an amended Phasing Plan to the Planning epartment and the County irector of General Services (or his or her designee) to confirm compliance with the dimensional requirements of this Proffer 2. C. Stockpiling of soil shall be permitted within each operational phase of the Management Facility and shall be shown with more detail as part of the site plan. Further, during the development of Phases 1, 2 and 3, stockpiling of soil shall be permitted in the area as generally shown on xhibit B as the Soil Stockpile rea. he Soil Stockpile rea shall be subject to the following limitations during the development of Phases 1, 2 and 3, only: i. he area of disturbance for the Soil Stockpile rea (exclusive of the access road to the Soil Stockpile rea and any temporary sediment basins required for the Soil Stockpile rea) shall not exceed 3.0 acres. ii. iii. he height of any soil stockpile located in the Soil Stockpile rea shall not exceed fifty (50) feet above existing grade for the Soil Stockpile rea. he limits of disturbance for the Soil Stockpile rea shall be located at least three hundred (300) feet away from James iver Industrial Park (defined in Proffer 13) during development of Phases 1, 2 and 3.. he maximum height of each phase (as measured from mean sea level, or MSL ), shall be as follows: i. Phase 1: 140 feet MSL. ii. iii. iv. Phase 2: 195 feet MSL. Phase 3: 225 feet MSL. Phase 4: 275 feet MSL. (GS) 3. Off-Site FFCPs. FFCPs managed on the Property shall be limited to FFCPs generated by (i) the Chesterfield Power Station (the Station ) and (ii) Off-Site Stations (as defined in subsection B below), but from no other sources. he management of FFCPs from Off-Site Stations shall be limited as follows:. uring the operational life of the Management Facility (up to the time of closure of the Management Facility), the total amount of FFCPs received into the Management Facility that are generated by Off-Site Stations shall 4 10SN0114-JN19-CPC-P

5 not exceed 122,500 tons per any consecutive twelve month period. In the event of an emergency, additional FFCPs from Off-Site Stations may be brought to the Management Facility to the extent such is necessary to address the emergency situation. Prior to accepting FFCPs in an emergency, the Owner shall obtain approval to exceed 122,500 ton limit from the County irector of General Services (or his or her designee) to confirm the fact that an emergency situation exists. B. he term Off-Site Stations shall include the Southampton Power Station (located in Franklin, Virginia), the James iver Cogeneration Station (located in Hopewell, Virginia), each of which is owned and/or operated by the Owner, but no other facilities. he term Off-Site Stations may be expanded to include other power generating stations that are owned and/or operated by the Owner, provided that the addition of other such facilities to the definition of Off-Site Stations shall be first reviewed and confirmed by the County irector of General Services (or his or her designee) to ensure that the amount of FFCPs being received from such other facilities, together with any other Off-Site Stations, will not exceed the 122,500 ton limit described in 3.. above. In seeking such confirmation, the Owner shall provide to the County irector of General Services (or his or her designee) estimates of the amount of FFCPs that are planned to be transported from such other facilities that are to be added to the definition of Off-Site Stations. Further, should the Owner permanently discontinue the transport of FFCPs from a designated Off- Site Station, the Owner shall notify the County irector of General Services (or his or her designee) so that such facility can be removed from the list of designated Off-Site Stations. C. he Owner shall maintain records of the weight (in tons) of all FFCPs received into the Management Facility from Off-Site Stations, and the Owner shall make such records available for inspection by the County irector of General Services (or his or her designee) to insure compliance with this condition. On or before pril 1st of each calendar year, the Owner shall submit copies of such records for the prior calendar year to the County irector of General Services (or his or her designee).. o assist in mitigating impacts on public roads caused by the hauling of FFCPs from Off-Site Stations to the Management Facility, the Owner shall pay to the County the amount of ON dollar and no/100 cents ($1.00) per ton (subject to adjustment as provided herein) of FFCPs transported into the Management Facility from Off-Site Stations by trucks or other over the road vehicles (the Off-Site FFCP Cash Proffer ). he Off-Site FFCP Cash Proffer shall be paid to the County on or before each June 30th following the pril 1st report submitted pursuant to subsection 3.C. above. he Off-Site FFCP Cash Proffer shall be paid for the first year of operation of the Management Facility and, thereafter, shall be 5 10SN0114-JN19-CPC-P

6 adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1st of the first year of operation of the Management Facility and July 1 of the fiscal year in which the payment is made. he Owner s obligation to pay the Off-Site FFCP Cash Proffer shall cease when the Owner permanently discontinues placing FFCPs in the Management Facility and commences the process of closure for the Management Facility as required by the Virginia epartment of nvironmental Quality or other state or federal agency having authority over the Management Facility at the time of such closure. (GS) 4. Haul oad. private road shall be constructed on the Property for the conveyance of FFCPs to the Management Facility. he general location of the proposed haul road ( Haul oad ) is shown on xhibit.. he Owner will convey the FFCPs to the Management Facility by truck using the Haul oad or by some other means (e.g., a mechanical conveyance), or by a combination of the two. If FFCPs generated by the Station are transported by truck, such trucks shall not be permitted to travel on any adjacent public roads to transport FFCPs to the Management Facility except where necessary to cross the public road generally as shown on xhibit. FFCPs received from Off-Site Stations may be hauled by truck on public roads but must access the Haul oad by using existing entrances to the Property or by using an entrance approved as part of the site plan approval for the Management Facility or the Haul oad. B. he portions of the Haul oad constructed by the Owner shall be paved with asphalt, concrete, or other hard-surface material, but no curb and gutter shall be required. C. he exact location of the Haul oad, including the exact location of the public road crossing, shall be approved at the time of site plan review. he public road crossing shall be constructed pursuant to all permits issued by the Virginia epartment of ransportation ( VO ) for such road crossing. (NO: he Owner anticipates that the VO-require improvements to the public road for the road crossing may include, but not be limited to, strengthening the public road where the Haul oad crosses such public road so as to avoid damage to such public roads by heavy trucks and other equipment crossing that road.). fter completion of the public road crossing, the Owner shall be responsible for any future repairs to the public road crossing that may be necessary because of any damage caused by, or normal wear and tear from, the transport of FFCPs by truck or other, similar, vehicles across the 6 10SN0114-JN19-CPC-P

7 road crossing, as determined by the County irector of General Services (or his or her designee). (GS) 5. Public Facility Proffer. o assist in mitigating impacts of the Management Facility on items included in the capital improvements program, the Owner shall pay to the County the amount of ON HUN HOUSN and no/100 dollars $100, per year (the Public Facility Cash Proffer ), as described herein. he Public Facility Cash Proffer shall be paid on the anniversary of the date of approval for the site plan for the first phase of development for the Management Facility, and each anniversary thereafter as provided herein. he Public Facility Cash Proffer shall be adjusted upward annually by any increase in the Marshall and Swift Building Cost Index between July 1st of the first year of operation of the Management Facility and July 1 of the fiscal year in which the payment is made if paid. he Owner s obligation to pay the Public Facility Cash Proffer shall cease when the Owner permanently discontinues placing FFCPs in the Management Facility and commences the process of closure for the Management Facility as required by the Virginia epartment of nvironmental Quality or other state or federal agency having authority over the Management Facility at the time of such closure. (GS) 6. Spill esponse Plan. he Owner shall prepare and maintain spill response plans to address spills of substances in accordance with applicable state and federal regulations. he Owner shall provide the County irector of General Services (or his or her designee) with access to copies of those spill response plans. ccess to copies of the spill response plans shall be provided either by sending electronic copies of the plans to the County or by uploading copies of those plans to an internet-based library (e.g., an ftp site ). Updates and amendments to any spill response plans either shall be forwarded to the County irector of General Services (or his or her designee) or uploaded to the internet-based library. (GS) 7. Fugitive ust Management.. t the time of site plan submittal for the Management Facility, the Owner shall provide to the County Planning epartment and the County irector of General Services (or his or her designee) copies of applicable sections of all permits from state and/or federal authorities that include requirements for the management of fugitive dust related to operation of the Management Facility. If those permits do not include such requirements for fugitive dust management, the Owner shall submit to the County Planning epartment and the County irector of General Services (or his or her designee) a plan for the control of fugitive dust related to operation of the Management Facility (the ust Control Plan ). t a minimum (unless as otherwise provided below), the permit(s) or the ust Control Plan shall include the following methods of fugitive dust management: 7 10SN0114-JN19-CPC-P

8 i. Periodic watering of unpaved roadways, as needed, that serve the Management Facility. ii. iii. iv. Periodic watering and/or sweeping, as needed, of paved roadways. Maintain appropriate speed limits on paved and unpaved roadways. Maintain adequate moisture content needed for compaction of the FFCPs stored in the Management Facility. v. Periodic watering of the areas where FFCPs are prepared for transport to the Management Facility and periodic watering of the areas where FFCPs are placed in the Management Facility, as needed. vi. vii. viii. ix. Construction methods including tarps, geotextiles, soil cover, chemical dust control agents and other, similar, methods may be used as an alternative to watering. he process for cleaning any spills of FFCPs on the Haul oad and any adjoining public roads. Periodic covering of FFCPs placed in the Management Facility with soil, tarps, geotextiles, chemical dust control agents and other, similar methods. 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. egardless of the requirements contained in any state or federal permits related to dust management for the Management Facility, no more than ten (10) acres of the working area where FFCPs are placed in the Management Facility shall be open at any one time. Material placed in the working area will be tracked in daily with a bulldozer or similar earth moving equipment. Once the material reaches the appropriate moisture content for compaction, that material will be compacted with a mechanical roller. C. If, at any time during the operational life of the Management Facility, any state or federal permits that regulate fugitive dust management for the Management Facility are amended, the Owner shall submit those amended permits to the County Planning epartment and the County irector of General Services (or his or her designee). If, at any time during the operational life of the Management Facility, any state or federal permits 8 10SN0114-JN19-CPC-P

9 8. Buffers. 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 ust Control Plan to the County irector of General Services (or his or her designee). (GS). variable width buffer along the northern boundary of the parcel identified as ax I shall be maintained as provided herein (the Northern Buffer ). he Northern Buffer and its dimensions shall be as shown on the attached xhibit C (the Buffer Plan ). xcept 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. he Northern Buffer shall be inclusive of the existing power lines, gravel roads, various easements, and the substation. he 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. he removal of vegetation within the Northern Vegetative Buffer to provide access to the existing transmission line right of way and substation, to accommodate utilities that cross the Northern Vegetative Buffer, and to allow for archaeological investigations on the Property shall be permitted as shown on the approved site plan, provided that such removal involves the least amount of disturbance of the Northern Vegetative Buffer as reasonably possible and, in the case of archaeological investigations, the area of buffer disturbance is restored with additional plantings, all as approved as part of the site plan. B. In areas where the Northern Vegetative Buffer is only fifty (50) feet in width, the Owner shall enhance that buffer area by installing additional plantings, as provided herein. t the time of site plan submittal, the Owner shall submit for approval a landscape plan for enhancement of this portion of the Northern Vegetative Buffer. he landscape plan shall be designed to provide an appropriate composition of plantings (e.g., evergreen trees, deciduous trees, and overstory (tall-growing) and understory (eye-level) plantings) that will enhance the screening quality of the Northern Vegetative Buffer. Further, the landscape plan shall include shall include a time-table for installing such plants so that newly installed 9 10SN0114-JN19-CPC-P

10 plants can grow to adequate maturity prior to land disturbing activity adjacent to the Northern Vegetative Buffer. ll plantings required by the approved landscape plan shall be installed pursuant to the approved timetable. (NO: he 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. 100 foot wide buffer along the western boundary of the parcel identified as ax I (the Western Buffer ) shall be maintained as shown on the Buffer Plan. he Western Buffer shall be inclusive of the existing power lines, gravel roads, various easements, and the substation. he 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. he 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) 9. Contributions for Construction of rails. t the time of site plan approval for the Haul oad or the Management Facility (whichever first occurs), the Owner shall pay to the County the amount of $150, to be used for the acquisition of easements for and/or construction of public pedestrian trails by the County, which trails shall be part of the County s parks and recreation infrastructure. (P) 10. Public Water and Wastewater.. he public water and wastewater systems shall be required only for domestic use, except for construction offices. B. No use of public water shall be required for industrial processes or plant operations. (U) 10 10SN0114-JN19-CPC-P

11 11. nvironmental ngineering.. With the exception of timbering which has been approved by the Virginia State epartment of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering until a land disturbance permit has been obtained from the nvironmental ngineering epartment and the approved devices have been installed. imbering of the site shall be phased in accordance with the construction phasing as set forth in Proffer 2. B. Super silt fence shall be used at the toe of the slope during construction and fill along Proctor s Creek and the James iver. () 12. Cultural esources.. he Owner will give notice to the County Planning epartment upon submission of the Joint Permit pplication (JP) for the Management Facility. Phase 1 Cultural esources Identification Survey prepared by a person or persons who meet(s) the Secretary of the Interior s Professional Qualification Standards for rcheology and Historic Preservation will be performed as part of the JP process. Cultural resources identified during the Phase I study will undergo a Phase II significance evaluation study in accordance with the provisions of Section 106 of the National Historic Preservation ct of 1966, as amended, and it s implementing regulations 36 CF Part 800 Protection of Historic Properties. Copies of the results of the Phase I and Phase II studies and any subsequent reports will be submitted to the Planning epartment. B. house commonly known as Spring Hill is located on the parcel identified as GPIN nytime prior to the relocation or demolition of such house, the County Parks and ecreation epartment (or its designee) and the County Planning epartment shall have the right to enter the Property to examine and catalogue such house, subject to the Owner s reasonable safety procedures for approaching and/or entering such structure. (P) 13. Committee. Prior to the commencement of construction for the Management Facility, the Owner shall form a committee consisting of representatives from the Owner, at least one representative of the properties identified as ax I , and (collectively, James iver Industrial Park ) and the County irector of General Services (or his or her designee) (the Committee ). he Committee shall meet annually (and more often if approved by the Committee) until the Owner discontinues the placement of FFCPs in the Management Facility. he purpose of the Committee will be to maintain open dialogue between the Owner, the County irector of General Services (or his or 11 10SN0114-JN19-CPC-P

12 Location: her designee), and the owners in James iver Industrial Park regarding operational issues for the Management Facility. (GS) 14. Inspections. Subject to the Owner s safety and security requirements, the County irector of General Services (or his or her designee) shall be permitted regular access to the Management Facility so as to monitor for compliance with these proffers. GNL INFOMION North and south lines of Coxendale oad, east of its intersection with Old Stage oad, and the southwest corner of Old Stage and Coxendale oads. ax Is ; ; ; ; ; ; and xisting Zoning: Size: I-1 and with Conditional Use acres xisting Land Use: Industrial and vacant djacent Zoning and Land Use: North - ; Industrial or vacant South - I-1, and ; Public/semi-public (Henricus Park) or vacant ast - Henrico County West - I-2, and ; Industrial, public/semi-public (sewage treatment plant) or vacant Public Water System: UILIIS here is an existing twelve (12) inch water line extending along Coxendale oad, approximately 1000 feet south of this site. he existing station is connected to the public water system. he applicant has proffered to use the public water system for domestic purposes. (Proffered Condition 10) 12 10SN0114-JN19-CPC-P

13 Public Wastewater System: here is an existing forty-two (42) inch wastewater trunk line extending along Proctors Creek, adjacent to the southern boundary of this site. he fifty-four (54) inch Kingsland Creek wastewater trunk line extends from north to south across the eastern portion of this site, and a fifteen (15) inch wastewater trunk line extends along a portion of the northern boundary of this site. he applicant has proffered to use the public wastewater system for domestic purposes (Proffered Condition 10). he applicant has also proposed to use an industrial waste transportation road that will intersect with the fifty-four (54) inch effluent lines from the Proctors Creek Wastewater reatment Plant. Care should be taken during the construction of this road to avoid damaging these lines. rainage and rosion: NVIONMNL he subject property is bordered by the James iver to the north and bisected by Proctors Creek. he majority of the site drains to the James iver, with a small portion draining to Proctors Creek. here are currently no known on- or off-site drainage or erosion problems and none are anticipated after development. he property is wooded and, as such, should not be timbered without first obtaining a land disturbance permit from the epartment of nvironmental ngineering. his will ensure that adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 11.a). o minimize the amount of soil exposed to the weather at any one time, the project should be designed with distinct phases. (Proffered Condition 2) Stockpiled FFCPs are subject to wind erosion. s such, a dust suppression plan must be on file and implemented at all times. (Proffered Condition 7) Water Quality: Both the James iver and Proctors Creek are perennial streams and, as such, are subject to 100 foot conservation buffers as part of the esource Protection rea (P) within which uses are very limited. he Ps on both the James iver and Proctors Creek are very wide due to the vast amount of wetlands with a large percentage of the property located adjacent to these sensitive areas. Given the close proximity of the adjacent wetlands and the nature of the project, super silt fence should be used adjacent to these sensitive areas. (Proffered Condition 11.b) 13 10SN0114-JN19-CPC-P

14 GNL SVICS Siting and Operation of the Facility ny individual or company wishing to establish and operate a waste disposal or management facility in Chesterfield County must comply with an application and approval process set forth in the Chesterfield County Municipal Code. Siting requirements for such a facility are set forth in rticle VII and the approval of waste material and management are set forth in rticle VIII. he specific application requirements for rticle VII and rticle VIII are set forth in Section (Form of pplication for Siting pproval), and Section (Form of pplication for pproval), respectively. In ugust 2009, ominion Virginia Power (Owner and pplicant) submitted two (2) separate sets of documents to meet the requirements of the code in their process to gain approval for a FFCP Management Facility. he Chesterfield County General Services epartment (General Services) is the process owner of this siting approval process. n environmental engineering consultant (Faulkner and Flynn) was retained by General Services to assist in the analysis of the submission to verify that all necessary components to the application were submitted and that the application requirements were met by the submission. his analysis is designed to provide the county with much of the information that will be required by the Virginia epartment of nvironmental Quality (VQ) in the Part and Part B application process administered by VQ that leads to an approved Waste Management Operations Permit that the Owner must have to construct and operate such a waste facility within the Commonwealth of Virginia. his information enables county staff to perform a review of the proposed operations, as well as an analysis of the location and general design of the facility in order to make determinations on the potential impacts of such a facility on the county and its citizens and businesses. his review process conducted by the county and its consultant is neither intended nor represented as a comprehensive technical review of the science and engineering of the design and operation of the waste management facility, but rather it provides the county with a preview of the facility and assistance in measuring the impacts the facility may have on the county. he technical review of the science and engineering of the facility is conducted by VQ in the Part and Part B application process required for permitting and licensing of the facility as provided by the regulatory authority granted VQ through both state and federal regulations. ll of the potential county concerns have been adequately addressed in the two parallel submissions in combination with the proffered conditions of this case, as discussed in the Management Facility for Fossil Fuel Combustion Products section of this report SN0114-JN19-CPC-P

15 PUBLIC FCILIIS Fire Service: he utch Gap Fire Station, Company Number 14, and Bensley Bermuda Volunteer escue Squad currently provide fire protection and emergency medical service (MS). his request will have a minimal impact on Fire and MS. ccess and required water flow requirements will be evaluated in the Site Plan approval process. Parks and ecreation: he Public Facilities Plan identifies the need for three (3) regional, seven (7) community and twenty-nine (29) neighborhood parks by In addition, there is currently a shortage of community and neighborhood park acreage in the county. he Plan identifies a need for 354 acres of regional park space; 252 acres of community park space; and 199 acres of neighborhood park space by 2020; the need for linear parks; resource basedspecial purpose parks [historical, cultural and environmental]; and recreational facilities. he Plan also identifies the need for water access and trails along the James and ppomattox ivers and their major tributaries, Swift and Falling Creeks. Co-location of neighborhood and community athletic parks with middle and elementary schools is desired. Specific Plan needs associated with this request include trails, water access and linear and resource based parks. Proffered Condition 9 commits to a cash contribution in the amount of $150,000 to the County for the purpose of trail easement/property acquisition and trail construction. his proffer addresses Plan impacts for new trails and linear parks. County epartment of ransportation: ypical traffic generation information is not available for the proposed use of electric power generation plant and disposal facility. ue to a through truck restriction on part of Coxendale oad, traffic generated by this facility will be initially distributed along West Hundred oad (oute 10) and Old Stage oad, which had 2009 traffic counts of 49,612 and 4,653 vehicles per day, respectively. Currently, there are no limitations on the amount of FFCPs that can be exported from or delivered to the Management Facility. ccording to the applicants representatives, on average, there are approximately thirty (30) to forty (40) trucks per day that deliver FFCPs to the Management Facility. In allowing a comparable amount of FFCPs to be delivered, the applicant has proffered to limit FFCPs into the Management Facility to 122,500 tons per twelve-month period (Proffered Condition 3). s with the current use, this request will allow the applicant to continue to have the ability to haul FFCPs from the Management Facility without restrictions. herefore, this request will have similar traffic impact as the current power generation and disposal facility SN0114-JN19-CPC-P

16 s previously stated, the applicant has proffered to limit transport of FFCPs into the Management Facility to 122,500 tons per twelve-month period. he applicant has also proffered to contribute cash in the amount of $1.00 per ton of FFCPs transported into the Management Facility. his cash contribution will be used to assist in mitigating the impacts on the public roads (Proffered Condition 3). his cash proffer alone certainly will not cover the cost of all of the road improvements needed in this area. project to widen oute 10 from Interstate 95 to Ware Bottom Spring oad is planned to be under construction in he project will include the Old Stage oad intersection, including the bridges over the CSX railroad tracks. he project should take about one and a half years to complete. Virginia epartment of ransportation: VO has no comment on this case. ppropriate comments will be made at the time construction plans are submitted for review, including a durable crossing of Coxendale oad with appropriate entrances. CONOMIC VLOPMN he epartment of conomic evelopment supports this request and continues to resolve final proffered language with the applicant and area property owners regarding northern boundary buffer provisions. Comprehensive Plan: LN US Lies within the boundaries of the Consolidated astern rea Plan which suggests the property is appropriate for industrial use. rea evelopment rends: Properties to the north are zoned Heavy Industrial () and are developed as the James iver Industrial Park. Properties to the south are zoned Light and Heavy Industrial (I-1 and ) or gricultural () and are occupied by Henricus Park or are vacant. he James iver and County of Henrico border the eastern boundary. he CSX railroad along with General and Heavy Industrial I-2 and ) and gricultural () properties border the western boundary. It is anticipated that moderate to heavy industrial development will continue both within the immediate area as well as north along the CSX ailroad to the James iver consistent with the recommendations of the Plan SN0114-JN19-CPC-P

17 Zoning History: Site esign: he ominion Virginia Power Chesterfield Power Station has existed on a portion of the request property for a number of years. t the time this facility was initially constructed, electric power generation facilities were permitted by-right in industrial districts. Subsequent to the initial construction of the station, the Zoning Ordinance was amended to require a Conditional Use for electric power generation facilities in Heavy Industrial () istricts. On February 28, 1990, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a rezoning from Heavy Industrial (M-3) to Heavy Industrial () of 2.3 acres with Conditional Use to permit two (2) electric generating units at the existing electric power generation facility. (Case 89SN0412) On November 28, 1990, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a rezoning from Heavy Industrial (M-3) to Heavy Industrial () of 19.5 acres with Conditional Use to permit expansion of an existing substation located at the Chesterfield Power Station. (Case 90SN0283) On pril 24, 1991, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a rezoning from Heavy Industrial (M-3) to Heavy Industrial () of acres with Conditional Use to bring the existing power station facilities into conformance with new ordinance requirements and to permit expansion of plant facilities and replacement of existing power generating units. (Case 90SN0307) he request property lies within an merging Growth istrict rea. New development, including landfilling operations, must conform to the development standards of the Zoning Ordinance for industrial development in merging Growth reas which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters and loading areas. Use xceptions: lectric Power Generation Plant xhibit depicts the existing station complex. pproval of this request would permit future expansion of plant facilities within the limits of the subject property as well as redevelopment and/or replacement of existing plant facilities. (Proffered Condition 1) 17 10SN0114-JN19-CPC-P

18 Management Facility for Fossil Fuel Combustion Products (FFCPs) Overview: Fossil fuel combustion products (FFCPs) are currently processed and stored on-site, southeast of the existing station, where they are stored and dewatered in one pond (west pond), prior to final storage (east pond). With the ultimate closure of the east pond, a long-term management facility for the FFCPs is proposed northwest of the station, as noted in xhibit (Proffered Condition 1). hese FFCP s would be conveyed to the management facility using a private haul road or mechanical conveyance through the power station property, also noted on xhibit (Proffered Condition 4). s proffered, the actual area of disturbance for this facility, exclusive of access, would not exceed ninety-two (92) acres (Proffered Condition 2.). evelopment of this facility would be phased from east to west, as noted in xhibit B, so as to minimize impacts on the adjoining property to the north (James iver Industrial Park) (Proffered Condition 2.B). ach phasing plan would be submitted for approval by the irector of General Services to confirm compliance with the dimensional requirements of Proffered Condition 2.B. Likewise, limitations on the location and height of soil stockpiling during the operational phases of the facility (Proffered Condition 2.C) as well as the maximum height of each phase (Proffered Condition 2.) have also been addressed. Proffered Condition 1 defines the materials that will be allowed by VQ to be disposed in the facility. Staff is satisfied that the proffer restricts the materials to those that are relatively inert and would be unlikely to create contamination issues with ground water or surface water. Off-Site FFCPs: Proffered Condition 3 limits the amount of FFCPs generated off-site that may be delivered to this facility at 122,500 tons annually which is close to the volume that the facility is currently accepting. his proffer also limits the FFCPs brought to this facility to those generated by ominion Virginia Power. he owner would maintain records of the precise tonnage of off-site waste brought into the facility and would annually pay the county $1.00 per ton to assist in mitigating transportation impacts caused by the vehicular traffic associated with this operation. Public Facility Impacts: Proffered Condition 5 provides the county an annual payment of $100,000 to be used within the Capital Improvement Program to address any impacts that the facility may cause the County SN0114-JN19-CPC-P

19 Spill esponse Plan and Fugitive ust Management: Inspections: Committee: Buffers: Cultural esources: Proffered Condition 6 provides access to spill response plans, which meet all applicable state and federal regulations, to the irector of General Services or his/her designee. ll updates to such plans will also be made available. Proffered Condition 7 identifies specific issues that will be addressed in a Fugitive ust Management Plan as required by the regulatory agencies with jurisdiction over this facility. If such a plan is not required by the regulatory agencies, the owner will create a plan to be approved by the irector of General Services or his/her designee. his proffer also limits the open working area of the facility to ten (10) acres at any time. Proffered Condition 14 provides for access by county staff to inspect the facility for compliance with the proffered conditions and all applicable regulations. In an effort to maintain communications regarding the operation of the facility and associated impacts, Proffered Condition13 establishes a committee consisting of the applicant, county staff and a representative of the James iver Industrial Park. he Zoning Ordinance does not require the provision of buffers between industrial districts. In an effort to minimize impacts of the FFCP management facility upon the adjacent James iver Industrial Park, xhibit C in combination with Proffered Condition 8 would require the provision of buffer, a minimum of 150 feet in width, adjacent to the northern boundary of the request property. s written, with the inclusion of an existing transmission line right of way, various easements, a gravel road and a substation, the resulting vegetative portion of the buffer would be reduced to a minimum of fifty (50) feet in width. Proffered Condition 8 also requires the provision of a 100 foot wide buffer, inclusive of existing encumbrances, along the western boundary of the FFCP management facility property adjacent to the rail line. Proffered Condition 12 requires a Cultural esource Identification Survey to determine areas of any historical significance on the property and associated implementation for documentation and/or protection. Preliminary research indicates the location of a historical resource known as the Spring Hill house. Staff has been advised by the applicant that this 19 10SN0114-JN19-CPC-P

20 structure is in very poor condition. s such, staff has requested access to the property to examine and catalogue this structure prior to its demolition, as addressed in this proffer. CONCLUSION he proposed zoning conforms to the Plan. Further, as proffered, the proposed land uses are compatible with existing and anticipated area industrial development. County Ordinances and proffered guidelines in combination with state and federal regulations ensure that the proposed landfilling operations will not have an adverse impact on the public health, safety and environment. Given these considerations, approval of this request is recommended SN0114-JN19-CPC-P

21 L IS P C O LL L N U SS LL Legend CH HNICO COUNY IV J N I-2 SI -7 B Y B O OK PK WY Commercial IN V esidential CS X ON S BU M IN IS V V O L N B LV V O S O V L V N V V O O MI L N N L MO OK O G L VIN I-1 C CO V C N B NH IL L B LV I S V C IN CH S I-9 5 P -15 G N G N C G N G N G C I OL C I G N S I C N S I H P W Y LIB SU N S V C V BL V N C FU L C H Y W Y LN LI L W S N I N LL OM V F IL S SO N W OO ON L BL C G N C-2 G S IN SB KIN H C IG G N G N WY IV L VIL L O N B U G L N OW IL C-2 H Y B M C LIV PO L S VI L PL NS H OG LN NS W O L SC IM S H W C I N GL I MU B NS L N erial photos taken in 2007 HU N L B W L N V SO KIN G S C I H C G N L C L L L ON C LU S B Y Y LO MO S C W C N L I S G VIL IN G S PL C I V LIV LY U P H O I M Y LN P K S SY HO ON V C OW S I M S NS B Y N ZL C S IV S M N SC IM S H W L OW C-2 LIV PO OL L N PO IN O S F I WY WO G O W Y C N M N S LV SO KB PL O N G OV O SB W S Y C I W IV B I S V IS N S V IS N F IN V I C B LV J M S LS B I G C S G N I C S PL WY IV S B N C I S C N S L N S S S G L SC IM S H W C I-2 I-2 I-1 N I-2 B Y P K S B I-2 S C N C IV S B M CO X N L C Y N IV OV N LN C G K IS N LY I K FeetI-2 C-3 H B OU S YL N JOH SP IN G W B O OM W C L S UN H IL G LL IG JOL L Y P L JO Y LN MH-1 I-1 2,400 Z L NU W I PL N S W I B Y CH 0 B 1,200 / C-3 L N LN N N W I G 2,400 WHI OK FM N PS SW IF -15 IN V C-5 Z IN V I BL IH F S N IG H IN L I-1 O C LU C LU B G C C ILL K H UN B LN C OY C-3 SO U H VIL C-3 IN GS OC MO C I I G SP C-3 10SN0114 C-5 C.U. I-1 OC-3 IN GS PL Y WOO S I G V -15 I-1 C LU B U -7 V M N O -15 K C-3 K P O N P W G OV C US MI L C OF F G S N I PO IN S SP IL U F W S IC L L Y NS P LN IL -9 C-5 C F W W H N H OG C I COXNL I-2 C U V P U LN S S FO PL Y P U V O P WO L IL S P N OS BO -15 L M H W L F I V H IL L S I N LN WIL ON W FL Y L C P S I H N IC U SP K O K K C LIF L V IS N NOMNL C -15 Y WIL ON C SH V OO LS O MIN Y Y GB SH I GL OL B U SU L IN C-3-7 C S IN OL B N BU VIS IO L OK C-5 S M N L N SU O C N WO X N S G O Y C Y F C-5 BU PL -7 L COXN LM P I BLLM W MY S Streams V -7 OO OL M 5 IV S L B O V I-9 PIN H U S S S P C YS OL M J M IN I-1 N I-1 M IL S W V I OL F Office NS LN Industrial G SS Y M HO X P JN COU -7 W ON gricultural S G MH-1 ZONING C O I-2 M V IN C OS SB L S S N BU G V C-5-7 N WIL M U H U N

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