By Diana Parker
The Virginia Department of Conservation and Recreation, Chesapeake Bay Local Assistance Department (CBLAD) has declared Chesterfield as non-compliant in Phase I (of 3) initiatives to protect the waters of the Chesapeake Bay under the Chesapeake Bay Act, Chesapeake 2000 Agreement, and CBLAD RPA Non-Tidal Wetlands Guidance Adopted June 18, 2007. Chesterfield was given until June 30, 2008 to adopt proper protections of Resource Protection Areas under the Act or suffer legal consequences.
Chesterfield Environmental Engineering Department (EE) published it’s “hybrid” policy A08005.final.pdf. April, 2008, briefed the development community in a powerpoint presentation June, 2008, and posted that policy to it’s website with examples: www.chesterfield.gov/CommunityDevelopment/Engineering.
The Policy was not vetted to the public, or to the Board of Supervisors in a public hearing. When contacted, EE said “We have the authority to publish policy, and CBLAD guidance is not in Chesterfield’s best interest. It is tyrannical and not fair and balanced”…sounds like Fox news.
Chesterfield’s hybrid policy includes an arbitrary measure of 500 feet of stream flow into the RPA as a cutoff limit for protection of perennial flow tributaries. This discounts the value of the small feeder streams that filter pollutants, provide stream habitat, and provide the quantity of waters that Virginia requires to maintain all these new subdivisions being created.
The CBLAD Policy Committee met August 12, 2008 to hear an update on CBLAD policy guidance. Attendees were invited to participate. I gave concerns representing FOJ on the 500’ rule, and other impacts from bad policy regarding the RPA. The board then heard testimony from Mr. McElfish, Director, Environmental Engineering, and from Mrs. Salvati, Director, CBLAD that issues were still being worked out on Chesterfield’s hybrid policy.
A wetland scientist from an engineering firm gave testimony that Chesterfield County’s having different guidance from the state policy has created a conflict with developer customers. They follow the state guidance currently, but Chesterfield has created a confusion.
Dr. Betty Hunter Clapp of Hands Across the Lake advised the Policy Board that her organization was trying to protect the viability of the streams and wetlands of Swift Creek (Reservoir), a tributary of the Chesapeake Bay. With a population of over 300,000, the Reservoir is source of 20% of Chesterfield’s drinking water, and protections were recently passed on the Upper Swift Creek Plan.
Community groups such as Brandermill Association and Woodlake have worked hard to do the environmentally correct policing and actions within their associations to ensure the reservoir remains healthy. But on Tuesday August 19, the Planning Commission approved re-zoning of Duckridge a proposed 21-shop mall on a 7-acre tract whose impervious cover will abut the required 100’ buffer next to the Swift Creek Reservoir. Traffic management will be very difficult due to only one in and out road.
The storm water drainage is achieved by filling in 10-15 feet of soil so the runoff will go into an exixting BMP pond. Since the developer has proffered to reconfigure and maintain this badly designed BMP and correct its history of overflow and innumerable complaints about maintenance, the county will shed its responsibilities for the BMP to the developer. The county gets relief; the reservoir gets the stress.
I’ve long held that Chesterfield has a split personality - they normally write good regulations, they just don’t follow them. In this case their policy is bogus and harmful to the environment they should protect.
PDF: Chesapeake Bay Program: A Watershed Partnership
PDF: VDCR - Resource Protection Areas: Nontidal Wetlands