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026-96 Flying J Travel Center (at Whitehall Business Park) - Stonewall - Backfile
Date "ti 190-00249,4', aj Received From o� Address:�ICD For oQ ACCOUNT AMT PAID C V CHECK BALANCE MONEY DUE ORDER o0o 00 �.. rA By —:f Travel plaza opens at NN"hitchall interchange I By Charlotte ... Eller .t travel plaza that Frvari& Cott: ty officials say will:)-. a major sLo rce of tax revenue opened Diesday at the Whitehall interchange of later tate 81, only minutes after a certificate of occupancy was issued for the facility. Even as Board of Supervisors fbairman James L. Longerbeam and 5lnnewall District Supervisor Charles Ornduff Sr., in whose district the facility is located, joined Flying J officials in cutting the ribbon that marked the opening, tractor -trailers and cars were pulling up to the fuel pumps and travelers were filing into the building. The opening ceremony was delayed nearly two hours until Flying J con- struction crews satisfied one last requu'ement, of the state Department of Transportation for improvements to Rest Church Road, on which it fronts, and the irate-state's on and off ramps. Once crews had finished the work, Sieve Melnikoff, senior highway per- rrLts and subdivision specialist in the del.artment's Edinburg office, said he contacted planning officials anA the occupancy certificate was tuwdtxl to a waiting Flying J employee. During the ceremony, Lonbe:rbeam welcomed the business. "We are absolutely, totally, DJ per- ce.,r pleased that you are here." Tax revenue from the sale of fuel, food and convenience Mote goods in the travel plaza are! L-; _,bated at $20AM a month. Addfioiul tax rev- enue is anticipated from real estate taxes, officials said. David Slyter, Flying 7's district manager, said this is ttie 109th travel plaza coestructed by the Utah -based ctazin. County Adadvistrator John R. Riley Jr. said the county's handLng of a certificate of occupancy for Ey- ing J is "nothing different from any other commercial or industrial oper- ation that's going to open. You've get to make sure that minimum require- ments for health and safety are tnet. They understand that." Officials say the plaza may reduce the backup of trucks using the state welcome center for breaks several miles south on I-81. SITE PLAN CHECKLIST The checklist below indicates all the information that needs to be submitted as part of the site plan application. All required information must be submitted prior to the final approval of any site plan. The Department of Planning and Development will review the application to ensure that it is complete. If any portion is not included or complete, the site plan application will not be accepted and retumed to the applicant(s). Site Plan Package 1. One set of approved comment sheets are required from the following review agencies prior to final site plan approval. It is recommended that applicants contact the Department of Planning and Development to determine which review agencies are relevant to their site plan application. Virginia Department of Transportation (VDOT) Frederick County Sanitation Authority Department of Planning and Development Inspections Department Frederick County Engineer (Public Works) Frederick County Fire Marshal Department of Parks and Recreation 2. One copy of the Site Plan application 3. Five Copies of the Final Site Plan for approval County Health Department City of Winchester 4LTown of Stephens City Town of Middletown 1y i i Airport Authority Soil & Water Conservation District 4. One reproducible copy of the Site Plan (if required) 5. A 35mm slide of the Site Plan (if required) X 1 • a 1 it DALE CLIFT DISTRICT MANAGER 1011 NORTH MOUNTAIN STREET BLACKSBURG,SC 29702 PHONE (864) 839-5934 VOICE MAIL 888-234-8071 EMAIL dale.clift@flyingj.com Inc. PROPERTY DEVELOPMENT GROUP C �rS 9oop--r , P, e , Lo,r isv -I, o www.flyingj.com a 1 it DALE CLIFT DISTRICT MANAGER 1011 NORTH MOUNTAIN STREET BLACKSBURG,SC 29702 PHONE (864) 839-5934 VOICE MAIL 888-234-8071 EMAIL dale.clift@flyingj.com Inc. PROPERTY DEVELOPMENT GROUP C �rS 9oop--r , P, e , Lo,r isv -I, o www.flyingj.com 0 KEY NOTES for SLEET — — HEW �— — SEE ClLII.e 1 _ 323 W A J O J I .t 60. ARE .�O DIESEL i 1 r� - _ i • n "�tc,s4 s 140 0 �_ 2*,o / / 24.0 ACRES /TOTAL) / STpRTTDETEITION AREA l cy� - V s_4 r ri 0 II � AIZ�:NGPTE, E. TO RECE SEALANT VF_ CC SPECWTE P SECTION T .l SEALANR 45 PER SPEC SECTION O!S I. CONCRETE PAVEMENT SEALING- ,CAI-E r. �& SN AM) AREA REPRESENTS EXTENT TO RECEIVE PIEL RESISTANT SEALANT AS PER SPEC SECTION ff?W FUEL RESISTANT SEALANT SCALE, 1' . ea 1.. DESCRIPTION -EAV, DUTY CONCWTE OJM N CARTER SEE DETAIL SS.CMA I C'✓S 'L-tro ,] STANDARD CONCRER Ctlm N CARTER SEE DETAW. KQArA4 I Gvt PLANS J 4EAvr.DUtt CONCRETE SLAB SEE GML BANS 'J STANDARD COSINE SLAB FOE 4UTO1 N RV . SEE CIVIL PLANS v COIOIETE SO ALK SEE Clot PLANS v LANDSCAPM AREAS O .EAvT-DUTY ASFNALT PAVN' FOR TRUCKS SEE Clot R4!! O STANDARD ASPHALT PAVW. FOR AUT'. N RV . SEE CN IL PLANS U •' WE PAWM TELLOlU PAWAr. STRIPS ® TMCK SCALE SEE DETAIL NLC.U. CIVIL PLATS. N SPECFICATION SECTION V02 f On CCW:IW7 OR ASPYLT RAPT ?WlaA tN TIE 'GENERAL SONTRAC-OR BY APPROPRIATE SIEt-CORRACTOR O 'CMltNT SICAN SEE SPECFICATILW SECTION IOANO OIL uATER SEPARATOR VALLT SEE DETAILS A N w ON SWEET GNA ,1iJ CDC. SLAB OVER IDOB GALLCN 4DERCAa7WD DOME WALL FIBERGLASS 4CLDW, TAW- PRWM C.RAVIT FEED PIPNC 'QOt" M SKr SR N ..L ".C;ER SEPARATOR v,!.LT a aF_ 01_ ,;, +ENT PPC FOR WIOLDUC. TAN, SEE OUR PLANS •' WE TELLOY PANTED DIAGONAL STRIPK © EFEWENCT vSWICLE ACCESS AREA `J %m '-TPE SEE SPECK-ATIOS 5EC704 IDaAO 9OR DRAJW� 3 RE VI�NJP19��lCI'TI»IONS Dats I� 4R� fiECT� P.OBOX 618, BRIGNAM CITY, UTAN 84302 - (WI) 734-6501 °° "APE FL T �INCi J TRAVEL PLAZA WMIO MIt VIWINIA °RA"""G -'LE ARCHITECTURAL SITE PLAN AL PROJECT NO 8242 i L R'.LLER D SERIES ?D DRAWI*G V° I 1 if 1 71( � o-) P( C%"% . :S c-,"-a Pe_�S. C-/'\ ' March 13, 2003 CH Properties Attn: Mr. J. Phillip Adams 50 West 990 South Brigham City, Utah 84302 RE: Flying J Facility in Frederick County, Virginia Property Identification Number (PIN): 33-9-1 Zoning District: B3 (Industrial Transition) District Dear Mr. Adams: CERTIFIED MAIL On March 11, 2003, this department conducted an inspection of the above referenced site to ascertain compliance with the Frederick County Zoning Ordinance. The site was also inspected for compliance with the approved site plan for this property (Site Plan 9026-96). The inspection revealed a number of zoning ordinance violations that require your immediate attention. In accordance with Section 165-147(A) Required Improvements of the Frederick County Zoning Ordinance, all improvements and construction on the site shall conform with the approved site plan and the requirements of the Frederick County Code. This department's inspection revealed the following violations: 1. The existence of concrete barriers (a.k.a. Jersey barriers) throughout the property affecting vehicle movement. Such barriers are not illustrated on the approved site plan; 2. Two accessory buildings have been placed adjacent to the property's wastewater treatment facility, but the buildings are not identified on the approved site plan. The buildings may also be required to have building permits; 3. Fences enclosing the wastewater treatment facility are not illustrated on the approved site plan, roc t1ac n elaterals,ec�l5�steMitlZ t�rnlinarrce regtdiements; l "�' ���y 'Sea-'o ! I'? Page 2 CFJ Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 4. The propane tank located at the rear of the travel plaza's main building is not consistent with the site plan, nor is the tank visually screened properly; poi �1dte� rr�'� 5. An acc-essbry building, and affixed sign, located adjacent to the above ground water storage tank, is not identified on the site plan; Additionally, there have been no permits issued for this sign; 6. The dturipster located on the western edge of the truck parking area is placed in a parking space, is not illustrated on the approved site plan, and is not properly screened.. , Additionally, staff noted that vehicles (passenger vehicles as well as trucks, and tractor trailers) were blocking access to your property fi-oin Rest Church Road (State Route 669). These vehicles were also hindering the flow of through traffic on Rest Church Road. This traffic congestion appears to be caused as vehicles are awaiting access onto your property; waiting because the parking areas are frill. Staff recommends the implementation of a message board reader to notify the traveling public that the parking lots are frill. This would lesson the safety hazards associated with the traffic congestion on Rest Church Road. I would encourage you to contact me so that we might further discuss the possibility of installing such a message board. This office will allow 30 days from receipt of this letter to resolve these violation. Failure to comply with the Zoning Ordinance in this time period will result in immediate enforcement procedures. You may have the right to appeal this notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions or concerns you may have at (540) 665- 5651. Page 3 CFJ Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 Sincerely, Eric R. Lawrence, AICP Director of Planning and Development cc: Dale Clift, Flying J Travel Plaza District Manager Lynda Tyler, Stonewall Magisterial District Supervisor Sheriff Robert T. Williamson John R. Riley, Jr., County Administrator Jerry Copp, Virginia Department of Transportation First Sargent Russillo, Virginia State Police UAEric\Common\2003\2003 ItrMlying J Violation.wpd Page 4 CFJ Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 Mailing addresses: Mr. Dale Clift, District Manager Flying J Travel Plaza 1011 North Mountain Street Blacksburg, SC 29702 First Sergeant Tracy Russillo Virginia State Police Division II, Area 13 3680 Valley Pike Winchester, Virginia 22602 Richard e germer cfj properties UAEric\Common\2003\2003 Itrs\flying 1 Violation.wpd MEMORANDUM TO: Eric R. Lawrence, Planning Director FROM: Mark R. Cheran, Planner I RE: Flying J Violations DATE: March 12, 2003 On March 11, 2003, Candice Mills and I inspected the Flying J truck stop for violations of site plan # 26-96. The violations are: 1. Jersey barriers located on the property to control traffic flow. 2. Zachary Ann Lane not completed. 3. Two accessory buildings located at the wastewater treatment plant. 4. Fence at wastewater treatment plant not opaque type. 5. Propane tank not screened as per site plan. 6. Accessory building next to water tank not on site plan sign located on building. 7. Dumpster located in truck parking lot not on site plan. If you have any questions regarding this issue please contact me. MRC/ U \AfarkV\K ;demo wpd cm �w may.. y._ x► '� _ <. t iUTION I it ♦► 1 *T'LL Tl j`� •i v p . - -. � w'�"''�►a •� -` "�" fir' - 1 *4+ �k _ • 1ow M 1 r �{ , icy` }r'i• ° ,� L'R t•,.,��y�y+,r°�, �p It .d. -... - •. 'r Y -ii r. t y M s.J •� y n , , i i' a i • � �!'i• ' a , Postage I S Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) o Total Postage & CFJ Proper -ties Er Sent To Attn: Mr. J. Phillip Adams Street - , - Apt. - N - o.,.-- 50 West 990 South r--9 or PO Box No. Bnigharri City, Utah 84302 In Iti Certified Mai{ Provides: • A mailing receipt o A unique identifier for your mailpiece Q A signature upon delivery o A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. • Certified Mail is not available for any class of international mail. . iz NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". n If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800,January 2001 (Reverse) 102595-M-01-2425 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 March 13, 2003 CFJ Properties Attn: Mr. J. Phillip Adams 50 West 990 South Brigham City, Utah 84302 RE: Flying J Facility in Frederick County, Virginia Property Identification Number (PIN): 33-9-1 Zoning District: B3 (Industrial Transition) District Dear Mr. Adams: FAX: 540/665-6395 CERTIFIED MAIL On March 11, 2003, this department conducted an inspection of the above referenced site to ascertain compliance with the Frederick County Zoning Ordinance. The site was also inspected for compliance with the approved site plan for this property (Site Plan #026-96). The inspection revealed a number of zoning ordinance violations that require your immediate attention. In accordance with Section 165-147(A) Required Improvements of the Frederick County Zoning Ordinance, all improvements and construction on the site shall conform with the approved site plan and the requirements of the Frederick County Code. This department's inspection revealed the following violations: The existence of concrete barriers (a.k.a. Jersey barriers) throughout the property affecting vehicle movement. Such barriers are not illustrated on the approved site plan; 2. Two accessory buildings have been placed adjacent to the property's wastewater treatment facility, but the buildings are not identified on the approved site plan. The buildings may also be required to have building permits; 3. Fences enclosing the wastewater treatment facility are not illustrated on the approved site plan, nor are the fence materials consistent with ordinance requirements; 107 North Kent Street o Winchester, Virginia 22601-5000 4 Page 2 CH Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 4. The propane tank located at the rear of the travel plaza's main building is not consistent with the site plan, nor is the tank visually screened properly; 5. An accessory building, and affixed sign, located adjacent to the above ground water storage tank, is not identified on the site plan; Additionally, there have been no permits issued for this sign; 6. The dumpster located on the western edge of the truck parking area is placed in a parking space, is not illustrated on the approved site plan, and is not properly screened. Additionally, staff noted that vehicles (passenger vehicles as well as trucks, and tractor trailers) were blocking access to your property from Rest Church Road (State Route 669). These vehicles were also hindering the flow of through traffic on Rest Church Road. This traffic congestion appears to be caused as vehicles are awaiting access onto your property; waiting because the parking areas are full. Staff recommends the implementation of a message board reader to notify the traveling public that the parking lots are frill. This would lesson the safety hazards associated with the traffic congestion on Rest Church Road. I would encourage you to contact me so that we might further discuss the possibility of installing such a message board. This office will allow 30 days from receipt of this letter to resolve these violation. Failure to comply with the Zoning Ordinance in this time period will result in immediate enforcement procedures. You may have the right to appeal this notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Page 3 CFJ Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 Please do not hesitate to contact me regarding any questions or concerns you may have at (540) 665- 5651. , AICP Director of Planning and Development cc: Dale Clift, Flying J Travel Plaza District Manager Lynda Tyler, Stonewall Magisterial District Supervisor Sheriff Robert T. Williamson John R. Riley, Jr., County Administrator Jerry Copp, Virginia Department of Transportation First Sargent Russillo, Virginia State Police COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/ 665-6395 March 13, 2003 CFJ Properties Attn: Mr. J. Phillip Adams 50 West 990 South Brigham City, Utah 84302 RE: Flying J Facility in Frederick County, Virginia Property Identification Number (PIN): 33-9-1 Zoning District: B3 (Industrial Transition) District Dear Mr. Adams: CERTIFIED MA On March 11, 2003, this department conducted an inspection of the above referenced site to ascertain compliance with the Frederick County Zoning Ordinance. The site was also inspected for compliance with the approved site plan for this property (Site Plan #026-96). The inspection revealed a number of zoning ordinance violations that require your immediate attention. In accordance with Section 165-147(A) Required Improvements of the Frederick County Zoning Ordinance, all improvements and construction on the site shall conform with the approved site plan and the requirements of the Frederick County Code. This department's inspection revealed the following violations: The existence of concrete barriers (a.k.a. Jersey barriers) throughout the property affecting vehicle movement. Such barriers are not illustrated on the approved site plan; 2. Two accessory buildings have been placed adjacent to the property's wastewater treatment facility, but the buildings are not identified on the approved site plan. The buildings rhay also be required to have building permits; 3. Fences enclosing the wastewater treatment facility are not illustrated on the approved site plan, nor are the fence materials consistent with ordinance requirements; 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 CFJ Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 4. The propane tank located at the rear of the travel plaza's main building Is not consistent with the site plan, nor is the tank visually screened properly; 5. An accessory building, and affixed sign, located adjacent to the above ground water storage tank, Is not identified on the site plan; Additionally, there have been no Permits issued for this sign; 6. The dumpster located on tlne western edge of the truck parking area is placed in a parking space, is not illustrated on the approved site plan, and is not properly screened. Additionally, staff noted that vehicles (passenger vehicles as well as trucks, and tractor trailers) were blocking access to your property from Rest Church Road (State Route 669). These vehicles were also hindering the flow of through traffic on Rest Chinch Road. This traffic congestion appears to be caused as vehicles are awaiting access onto your property; waiting because the parking areas are full. Staff recommends the implementation of a message board reader to notify the traveling public that the parking lots are frill. This would lesson the safety hazards associated with the traffic congestion on Rest Church Road. I would encourage you to contact ]Ile so that we might further discuss the possibility of installing such a message board. This office will allow 30 days from receipt of this letter to resolve these violation. Failure to comply with the Zoning Ordinance In this time period will result in immediate enforcement procedures. YOU may have the right to appeal this notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Page 3 CFJ Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 Please do not hesitate to contact me regarding any questions or concerns you may have at (540) 665- 5651. Sincerel E R. a� -ence, AICP Director of Planning and Development cc: Dale Clift, Flying J Travel Plaza District Manager Lynda Tyler, Stonewall Magisterial District Supervisor Sheriff Robert T. Williamson John R. Riley, Jr., County Administrator Jerry Copp, Virginia Department of Transportation First Sargent Russillo, Virginia State Police COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 l' J Prdperties Attn:West Mr. J. Phillip SouthAdams CERTIFIED MAIL Brigham City, Utah 84302 70�1 1940 0002 8643 6344 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. i 1 Article Addressed to A Received by (Please Print Clearly) I B Date of Delivery C. Signature X ❑ Agent ❑ Addressee D Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No CFJ Properties Attn: Mr. J. Phillip Adams 50 West 990 South Brigham City, Utah 84302 3 s�e e Type 0 Certified Mail ❑ Express Mail O Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. HL 3 v3 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (transfer from se 7go1 1940 0002 8643 6344 PS Form 3811, March 2001 Domestic Return Receipt 102595 01 M 1424 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • COo� Frederick County w° Dept. of Planning and Development 107 N. Kent Street Winchester. VA 22601 August 2, 1999 Clearbrook Citizens for Safety Attn: Joan F. Kibler P.O. Box 157 Clearbrook, VA 22624 Dear Ms. Kibler: COUNTY of FREDERICK John R. Riley, Jr, County Administrator 540/665-5666 Fax 540/667-0370 On July 28, 1999, county officials facilitated a meeting with representatives of the Department of Environmental Quality - Valley Regional Office (DEQ), the Virginia Department of Health (VDH), and the Flying J Travel Plaza. The purpose of this meeting was to determine the status of Flying J's compliance with the consent order issued by DEQ, to ensure that all parties agreed with the methods proposed by Flying J to rectify this situation in the long term, to discuss transportation related issues, and to educate county officials on state regulatory procedures and permitting requirements. This letter is intended to document the various issues that were discussed during this meeting, and has been forwarded to representatives of the DEQ, VDH, Flying J Travel Plaza, county officials and your organization to ensure that all concerned parties are informed of the issues that have transpired to date. I hope this information is beneficial to you. John R. Riley, Jr. County Administrator JRR/eaw attachment cc: Frederick County Board of Supervisors Frederick County Planning Commission Elizabeth V. Scott, Esq., Department of Environmental Quality John C. Schofield, P.E., Virginia Department of Health Rob Paullin, General Manager - Flying J Travel Plaza 107 North Kent Street - Winchester, Virginia 22601-5000 INFORMATION LETTER - FLYTNG J TRAVEL PLAZA July 28, 1999 Meeting Frederick County Administration Building, 107 North Kent Street, Winchester, IAA 22601 1) Virginia Pollutant Discharge Elimination System (VPDES) Permit • The permit is issued by the Department of Environmental Quality (DEQ) for wastewater treatment systems that discharge into state waters. • DEQ is the regulatory agency for VPDES Permits; however, the State Water Control Law requires submission to the Virginia Department of Health (VDH) for technical review of engineered plans for complex wastewater treatment systems such as the one utilized by the Flying J Travel Plaza. • The VPDES Permit establishes treatment levels and limits the flow for wastewater discharges. • The Flying J Travel Plaza submits monthly reports to the DEQ which identify discharge levels and wastewater quality; DEQ monitors the quality of the discharge levels. • The Flying J Travel Plaza advised DEQ of potential problems with their levels of discharge and with grease and solids discharge from the wastewater treatment facility which were documented in their monthly reporting. • DEQ has been involved with the Flying J Travel Plaza VPDES compliance problems since October 1998. • DEQ issued a consent order to the Flying J Travel Plaza in June due to continued violations of the VPDES Permit. 2) Ducan Run • Duncan Run is an intermittent stream which is the receiver for discharge from the Flying J Travel Plaza wastewater treatment system. • Duncan Run has received solids and grease discharge from Flying J Travel Plaza wastewater treatment system on five separate occasions. • In June, DEQ provided the Flying J Travel Plaza with a list of environmental clean-up companies. The Flying J Travel Plaza contracted SGI, The Salem Group, Inc. to undertake the clean-up of Duncan Run. • SGI, Inc., was scheduled to begin the clean-up of Duncan Run on July 26, 1999. It was anticipated that this work would be complete on August 3, 1999 unless rain delayed progress. • DEQ will inspect SGI's work to ensure that it is adequate. 3) Wastewater Treatment System Compliance Methods The suspected source for solids loss from the Flying J Travel Plaza is the grease trap system. Dye testing of the Flying J Travel Plaza drain system identified that the grease trap system did not function properly allowing grease to pass through the grease trap into the wastewater plant. The grease caused growth of a filamentous bacteria which prevented wastewater solids from settling. The solids and the grease floated out of the treatment plant into Duncan Run. INFORMATION LETTER - FLYING J TRAVEL PLAZA Page -2- Wastewater Treatment System Compliance Methods (Continued) • The Flying J Travel Plaza made design modifications to this system in July and were permitted to utilize the system by DEQ to determine if it was functioning properly. • The Flying J Travel Plaza has been issued a pump and haul permit for their waste system that can be utilized if the existing system does not function adequately. • DEQ and VDH have recommended that a second grease trap be installed to provide for additional grease removal and minimize the quantities of grease discharged into the wastewater treatment facility. • The Flying J Travel Plaza has ordered a refrigerated grease trap system which will be installed upon the receipt of applicable approvals from the state agencies. The Flying J Travel Plaza has installed a grease elimination manager, consisting of three pumps going into floor drains which will emit grease eating bacteria. • The Flying J Travel Plaza plans to amend their VPDES Permit to increase the discharge levels into Duncan Run which are currently being experienced. • The Flying J Travel Plaza plans to upgrade the wastewater treatment system through the installation of a second clarifier which will be installed upon the receipt of applicable approvals from the state agencies. • The Flying J Travel Plaza currently utilizes a polymer to aid in the settling of sludge in the wastewater treatment system, as recommended by Nalco Chemical Company. • DEQ and VDH representatives had not received engineering documents and additional information required for the VPDES Permit amendment and the improvements to the wastewater treatment system as of the date of this meeting. However, DEQ and VDH representatives expressed a willingness to expedite the review and permitting process which normally takes 60 days from the receipt of the information. • The DEQ, VDH, and Flying 3 Travel Plaza representatives believe that a worst case scenario for the installation of these measures is 90 days, which is the end of October 1999. 4) Private Well Systems VDH required the Flying J Travel Plaza to conduct detailed testing and analysis of water quality as a condition of permitting a public water supply. The Flying J Travel Plaza testing indicated that a water quality problem existed in the area prior to the development of their facility. This problem was identified as bacteriological contamination and was the result of high levels of total coliform bacteria being noted during the well development testing. Total coliform bacteria are naturally present indicators of the presence of potentially harmful fecal coliform bacteria, which may come from sewage treatment plant discharges, and non -point influences such as septic tank drainfield systems, agricultural livestock operations, and wildlife. Karst geology (limestone) is predominant in this area; therefore, non -point surface influence sources are very difficult to identify. INFORMATION LETTER - FLYING J TRAVEL PLAZA Page -3- Private Well Systems (Continued) • The local Health Department has no records of localized problems or disease outbreaks within this area as a result of the water quality problems that were identified during the Flying J Travel Plaza testing. • The Flying J Travel Plaza was required to develop a water treatment system to ensure that water quality standards for safe drinking water are met. • The Flying J Travel Plaza utilizes a well system for their facility and draws approximately 30,000 gallons of water per day. This well is at the same depth as other residential and public water supply wells within the area. • The Flying J Travel Plaza and other residential and public water supply wells within the area are supplied by a large acquifer. VDH representatives did not express concern with the amount of water being drawn by the Flying J Travel Plaza and the potential impact to other well systems. • DEQ will determine if there are ground water quality issues and will determine what level of monitoring will be required. • VDH representatives believe that the well system on the Flying J Travel Plaza site would be the appropriate monitoring point, as it is the closest well system to the wastewater treatment system, and baseline data exists as a result of the Flying J Travel Plaza water quality testing during the permitting process. 5) Transportation • The Flying J Travel Plaza representatives estimate that 25% - 40% of the truck traffic which utilizes their facility are non-paying customers. • The Flying J Travel Plaza representatives are considering requiring paid parking for non- paying customers to deter this practice and potentially reduce the number of truck visits to this site. This practice is only conducted at 1 of the 127 Flying J Travel Plaza facilities throughout the country. • The Flying J Travel Plaza recognized that a truck circulation problem currently exists and agreed to conduct a self -evaluation of their facility and respond to county officials by September 15, 1999 with potential corrective measures. • County officials have recommended the installation of an access onto Zachary Ann Lane that would allow for truck egress, with the existing entrance being utilized for ingress. • County officials requested assistance from the Virginia Department of Transportation (VDOT) in the installation of No Parking Signs along Rest Church Road and all Interstate Exit 323 acceleration and deceleration ramps. VDOT agreed to this provided that county officials would promote active enforcement. • County officials expressed a desire to have the Flying J Travel Plaza participate in the bridge improvement project that is identified in the Interstate 81 Study. Flying J Travel Plaza representatives stated that commitment would have to come from their central headquarters; however, they would carry that message back to them. TO TIME DAT Wt E YOU E OUT ❑ URGENT! Dfd4ephMflod M �.� �� ❑ Returned [I Called to your call see you OF ❑ Please call ❑ You'll know PHONE ❑ Will call ❑ Wants to MESSAGE again see you OPERATOR d/---_ 23-027 200 SETS 23-024 400 SETS TO • TIME DATE WHILE YOU VVEfIE OUT ❑URGENT! Returned your ease call ❑ Will call again ❑T lephoned ❑ Called to see you ❑ You'll know ❑ Wants to see you M OF PHONE ( MESSAGE Zr>fo \ RATOR: O23.027 200 SETS 23-024 400 SETS TO ILE YOU WERE OUT M OF PHONE ( (4 U MESSAGE G 23-027 200 SETS I)- m 23-024 400 SETS TIME ❑ URGENTI ❑ Returned your call Cl Please call ❑will call again OPERATOR: 71 DATE U Telephoned ❑ Called to see you ❑ You'll know ❑ Wants to see you TONY SEALOCK GENERAL MANAGER 1530 Rest ( , .'Ch Road Clearbrook. VA 22624 Phone (540) 678-3641 Fax (540) 678-3557 Voice Mail 888-556-3008 www ftyingl com w � 2 P�PZP DALE CLIFT Cep DISTRICT MANAGER 1011 NORTH MOUNTAIN STREET BLACKSBURG.SC 29702 ` PHONE (864) 839-5934 www.flyingj.com ,�- w6 FAXroi3,Zoiti Zf VOICE MAIL 888-234-8071 �` P► EMAIL dale C1,10flyingl com �� V • 6c"r k. lc::5-f �G u`4- o,-r-Lc-p- t,� . J,6),9Z E>f ro� �orz� Z, - r,04 Ili Ah),, 3rt� 11) � FOA n Z-�k Ov� Y 'f p;-,-fbl It COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM FAX: 540/665-6395 TO: Kris C. Tierney, Assistant County Administrator FROM: Eric R. Lawrence, Planning Director RE: Status of Zachary Ann Lane, Adjacent to Flying J Travel Plaza DATE: August 19, 2002 As requested, I have reviewed our department's files to ascertain the current status of improvements associated with Zachary Ann Lane. Zachary Ann Lane is located adjacent to the western boundary of the Flying J Travel Plaza, in the Stonewall Magisterial District. It appears that the County maintains a bond in the amount of $500,000.00 to guarantee improvements to Zachary Ann Lane, with the exception of the final surface treatment. The improvements carry Zachary Ann Lane from its intersection with Route 669, to the southern limits of the Flying J property (owned by CFJ Properties). Information: Reviewed: Rezoning No direct discussions, nor proffers, associated with the construction of an access road (Rainbow Lane, aka Zachary Ann Lane) to serve the future commercial lots/users were part of the rezoning processes. Master Development Plan ("Whitehall Business Park" MDP File #003-96) The Whitehall Business Park Master Development Plan was administratively approved by the County on June 6, 1996. The approved document contains two statements referencing Zachary Ann Lane. One statement, included in a list of notes, reads as follows: "A 60' right-of-way for a collector road is to be eslablished front VA Rle. 669 to serve the Phase 2 lots of the Whitehall Business Park. This collector road will be built to VDOT standards. Grading for Phase I of the proposed road will be performed with the development of the Plying ,I 'Travel Plaza. Paving will occur under Phase 2." Note the last sentence. 107 North Kent Street • Winchester, Virginia 22601-5000 r Page 2 Kris C. Tierney, Assistant County Administrator Re: Status of Zachary Ann Lane; Adjacent to Flying J Travel Plaza August 19, 2002 The other statement on the master development plan is attached to the illustration, and reads: "A lockable gate at the entrance of the roadway will be in accordance With emergency services design requirements. " Site Plan ("Flying J Travel Plaza" Site Plan File #026-96) The site plan was approved on November 18, 1997. The approved document does not contain a road design detail. The only references to Zachary Ann Lane state that the right-of-way is to be graded the length of the Flying J property prior to issuance of a Certificate of Occupancy. Zachai_y Ann Lane Right -of -Way Dedication A 60-foot public right-of-way, to accommodate Zachary Ann Lane, was dedicated to Frederick County on November 18, 1997. This dedicated right-of-way travels from Route 669 to the southern terminus of the CFJ Property ("Flying J"); a distance of approximately 1,500 feet. Therefore, the County presently owns the Zachary Ann Lane right-of-way. Guarantee As a condition of receiving a Certificate of Occupancy in 1997, Flying J provided the County with a bond in the amount of $500,000.00; this bond was issued November 12, 1997. This bond was posted to guarantee the "completion of all inll)roVements in cogjunction With the al)1)1'oved site plan" The bond further states CFJ Properties' commitment to: "... comlVete all iinl)roi,enients in cogjunclion With the approved site plan to the satisfaction of the Comity of Frederick by.June 1, 1998. This is to inchlde, but is not limited to, the construction and grading of Zacharyy Ann Lane to the limits of Phase I of the Whitehall Business Park as established on the approved site plan for the project and the approved Master Development Plan. Said construction and grading should be of a standard that Would enable acceptance by the Virginia Depal7menl of Ti-ansporlation once the appropl•iale paving has been applied " Wayne Corbett, Deputy County Treasurer, has confirmed that the County does continue to maintain a valid bond for this project. Page 3 Kris C. Tierney, Assistant County Administrator Re: Status of Zachary Ann Lane; Adjacent to Flying J Travel Plaza August 19, 2002 Mike Ruddy Summary Memorandum In a memorandum from Mike Ruddy, Planner II, dated September 11, 1997, it was stated that: "Before a Certificate of Occupancy will be issue for the Flying J Travel Plaza, ZachatyAnn Lane must be graded or bonded to the limils of Phase I of the Whitehall Business Park (as established on the site plan for the project ...Flying J... ai7d the appro>ed Master Developmeirt Plan). This gradiirg should be of a standard which would enable acceptance by VDOT once the appropriate sul face treatment has been applied." Conclusion The review of documents related to Zachary Ann Lane consistently refer to the need for the right-of- way to be graded in conjunction with the Flying J site improvements. There are also consistent notes that the surface treatment for Zachary Ann Lane would not be required until a later time (Phase 2 development). It may be appropriate to link the fact that the guarantee, right-of-way dedication, and site plan were all issued/approved within the same week. It is a requirement of the County that a guarantee be provided to the County to cover the costs of road construction associated with a road dedication. Therefore, when the bond was presented to the County, the road dedication was executed. ERL/rsa FILI TO DAT /! TIMj. A f P u_ FROM F AREA C DE _ S 0 0 (XI E SIGN PHONED BACK , CALL RN°D ❑ SEE YOUO ❑ AG IN ALL ❑ WAS IN ❑ URGENT ❑ TOr � DATE, r TIME � 2 � AM� FROM, PI-i0,<- (�� CELL(` n OF 6 l FAX( ) M E S' L«: ® S p E-MAILADDRE S SIGNED PHONE CALL RETURNED BACK CALL ❑SEE1'OU IAIANTS TO 1NILL CALL WAS IN ❑ AGAIN ❑ ( 0 T❑ URGEN i PHONE NO. : 18648395944 Apr. 04 2003 04:29PM P1 Dak Clift 101 1 Nci11 Mountain St Hlsdc.&�g , SC 29301 1 964 939 5934 Cell 1 $01725 5716 Flying J District 10 April 4, 2003 Mr Eric R Lawerence ,AICP Director Of Planning and Development Frederick County Dear Mr Lawerence This is to follow up our telephone conversation earlier in the week. As discussed 1 will be on site =11 week and will view the items mentioned in your letter. After the visit we will respond to each item. In the course of the oonwrsation I asked for and you agreed to a 30 day extension from the day we talked. We talked on April 2 so we will trove a response by May 2, 2003. Cc: John Burke John McSweeny �� ill n i s�. �� '0 C. March 13, 2003 CFJ Properties Attn: Mr. J. Phillip Adams 50 West 990 South Brigham City, Utah 84302 RE: Flying J Facility in Frederick County, Virginia Property Identification Number (PIN): 33-9-1 Zoning District: B3 (Industrial Transition) District Dear Mr. Adains: CERTIFIED MAIL Oil March 11, 2003, this department conducted an inspection of the above referenced site to ascertain compliance with the Frederick County Zoning Ordinance. The site was also inspected for compliance with the approved site plan for this property (Site Plan #026-96). The inspection revealed a number of zoning ordinance violations that require your immediate attention. In accordance with Section 165-147(A) Required Improvements of the Frederick County Zoning Ordinance, all improvements and construction on the site shall conform with the approved site plan and the requirements of the Frederick County Code. This department's inspection revealed the following violations: The existence of concrete barriers (a.k.a. Jersey barriers) throughout the property affecting vehicle movement. Such barriers are not illustrated on the approved site plan; Two accessory buildings have been placed adjacent to the property's wastewater treatment facility, but the buildings are not identified on the approved site plan. The buildings may also be required to have building permits; Fences enclosing the wastewater treatment facility are not illustrated on the approved site plan, nor are the fence materials consistent with ordinance requirements; Page 2 CFJ Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 4. The propane tank located at the rear of the travel plaza's main building is not consistent with the site plan, nor is the tank visually screened properly; 8 ft no screening 5. An accessory building, and affixed sign, located adjacent to the above ground water storage tank, is not identified on the site plan; Additionally, there have been no permits issued for this sign; 6. The dtunpster located on the western edge of the truck parking area is placed in a parking space, is not illustrated on the approved site plan, and is not properly screened. Additionally, staff noted that vehicles (passenger vehicles as well as trucks, and tractor trailers) were blocking access to your property from Rest Church Road (State Route 669). These vehicles were also hindering the flow of through traffic on Rest Church Road. This traffic congestion appears to be caused as vehicles are awaiting access onto your property; waiting because the parking areas are full. Staff recommends the implementation of a message board reader to notify the traveling public that the parking lots are fill. This would lesson the safety hazards associated with the traffic congestion on Rest Church Road. I would encourage you to contact me so that we might further discuss the possibility of installing such a message board. This office will allow 30 days from receipt of this letter to resolve these violation. Failure to comply with the Zoning Ordinance in this time period will result in immediate enforcement procedures. You may have the right to appeal this notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions or concerns you may have at (540) 665- Page 3 CFJ Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 5651. Sincerely, Eric R. Lawrence, AICP Director of Planning and Development cc: Dale Clift, Flying J Travel Plaza District Manager Lynda Tyler, Stonewall Magisterial District Supervisor Sheriff Robert T. Williamson John R. Riley, Jr., County Administrator Jerry Copp, Virginia Department of Transportation First Sargent Russillo, Virginia State Police 30 days from April 2 need letter of accomplishment site plan by may 2 removal Page 4 CFJ Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 U: I-66Common\2003\2003 ltrs\Flying J Violation.wpd Page 5 CFJ Properties, Attn: Mr. Phillip Adams Re: Flying J Facility in Frederick County, Virginia March 17, 2003 Mailing addresses: Mr. Dale Clift, District Manager Flying J Travel Plaza 101 1 North Mountain Street Blacksburg, SC 29702 First Sergeant Tracy Russillo Virginia State Police Division II, Area 13 3680 Valley Pike Winchester, Virginia 22602 Richard e germer cfj properties U:\Eric\Common\2003\2003 ltrs\Flying J Violationmpd J ./ 16, 1 09/24/99 01:47 FAX r,S FLYING J TRAVEL PLAZA T530 REST CHURCH ROAD C) FSARBROOK, VA 22624 PHONE (540) 678-3641 FAX (913) 752-9872 FROMe� f� W �/a, TO �Vo-,i / t - / DATE 09/24/99 0 1 : 4 7 FA\ N September 23, 1999 To: Jolin R. Riley, Jr. County Administrator County of Frederick RE: Proposed Traffic Solutions for Flying J In an effort to enhance traffic flow and appease local citizens Flying J has done the followbig 1. Eliminated eleven front parking spaces. 2. Installed 30 Jersey walls in order to isolate an inbound and outbound lane. 3. Erected 12 no parking signs along the inside and outside lanes surrounding jersey walls. 4. Met with the concerned citizens of'Clearbrook on September 14 so that they might express additional concerns that they had. 5. We are in the process of planting Leyland Cypress along the westbound border of our parking lot in order to enhance appearance and act as a sound buffer. (this was a recommendation of one of the citizens) After discussion with our corporate office an additional exit is not in ow• present plans. The bridge proposal funding has been turned over to our corporate office, but initial response is not ol'a positive nature. If 1 can be of further assistance please feel free to give me a call. Thanks, V Robert L. Paullin Jr. Flying J General Manager COMMONWEALTH ®f V IRCjINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY JERRYA. COPP COMMISSIONER 14031 OLD VALLEY PIKE RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984.5600 EDINBURG. VA 22824-0278 FAX(540)984.5607 August 20, 1999 Mr. Thomas W. Stephenson Clearbrook Citizens for Safety P. O. Box 157 Clearbrook, VA 22624 Dear Mr. Stephenson: I am responding to your letter dated July 23, 1999, which I received on July 28, 1999. Listed below are responses to your questions in the order presented. • The level of service for I-81 at the Route 669 interchange and Route 669 at Route 11 in September 1996 was Level A. I will submit the level of service for June of 1999 when that study has been completed. • VDOT has had an employee from Traffic Engineering doing some spot counting at this location. A copy of the results are attached. I recommend you contact G. W. Clifford & Associates to determine if their employees were performing counts. Once the traffic impact analysis is complete, we will review the actual counts and then determine what counts are appropriate. • I stand by my responses to questions four and five. If your group has a specific county or state code that you feel is not in compliance, please identify it and the non-compliance issue. • If you or your group can identify a state or county code which is non -compliant, please identify the specific code and the non-compliance. • We utilize the total volume of vehicles and apply the percentage of trucks to each maneuver. • We currently do not have a schedule. • _ Once the design is completed and if it is determined we need to enforce this stipulation, we will then deal with the affected businesses. We are not in a position to address this now as each individual entrance will have to be dealt with on a case -by -case basis. WE KEEP VIRGINIA MOVING Mr. Thomas Stephenson Clearbrook Citizens for Safety August 20, 1999 Page Two • Our bridge inspection program is in accordance with the guidelines set forth in the National Bridge inspections Standards (NBIS). The Code of Federal Regulations concerning NBIS does not require that the individual in charge of the bridge inspection unit to be a registered professional engineer, hence, I do not believe there are any compliance issues with the regulations and requirements of the Department of Professional and Occupational Regulation. I believe this should be directed to the Frederick County Planning Department or the Frederick County Board of Supervisors. If the property is needed for road construction then we will have the property appraised and make a fair offer to the owner. If we have to condemn under imminent domain proceedings, it will be our responsibility to compensate for property and any damages. There are expansion joints to allow for movement at both abutments. When we repaired the deck in the vicinity of the abutment joints we made an effort to preserve the existing joint material. The asphalt overlay was placed over the joints so it is quite natural for the wearing surface to crack in this area. The overlay was not construction but rather a maintenance activity intended to reduce the frequency of deck repairs. Any problems in the asphalt overlay at the abutment joint areas are more than offset by the benefit of less maintenance over the entire deck surface. • All of the bearings (supports) for the beams are neoprene pads. There is little behavioral difference between what is referred to as "fixed" or "expansion" bearings. For all practical purposes, all of the bearings allow for rotation and translation. When we repaired the pier joints we cast the adjoining decks together thereby eliminating the pier joints and increasing expected temperature related movements at the abutments. Closing the pier joints would also reduce the likelihood of cracks in the asphalt overlay at the piers. Should you have any questions, please do not hesitate to call. Sincerely, 41?�- 4 J A. Copp Tran ootation Resident Engineer JAC/vcz Cy: Senator H. Russell Potts, Jr. Delegate Beverly J. Sherwood Chairman James Longerbeam, FCBofS Mrs. Margaret Douglas, FCBofS Mr. Charles Omdorff, FCBofS Mr. Robert Sager, FCBofS RECEIVED AUG 2 3 1999 DEPT.Cr"-',-�]'EV:L0PMENT Mr. Richard Shickle, FCBofS Mr. W. Harrington Smith, FCBofS Mr. John R. Riley, Jr., FC Admin. vMr. Kris Tierney, FC Planning Mr. Evan Wyatt, FC Planning Mr. W. Byron Coburn, Jr., VDOT VDOT 14031 Old Valley Pike Edinburg, VA 22824 To: Mr. Kris Tierney icAm a1;7 AQ7n 1 04 From: Jerry Copp Date: 9/3/2002 XFor Review please Comment please Reply • Comments Kris: See attached information. I will give you a call later to discuss. Thanks Jerry Copp ❑ please Recycle L099 v86 Ot•9 f nvoz 7 6 1 LO-£ -6 YDI1�'.3oiiG F'iE!)ENCY 1999 t 't IAC NKS ❑ (3Hi 2 7HFC Jerry Copp Edinburg Residency Staunton District !y� COMMONWEALTH of VIRGINIA DEPARTMENT Of TRANSPORTATION t 401 EAST BROAD STREET DAWD R GEMR RiCHMOND, 23219 1939 COMAu55,ONEA July 6, 1999 The Honorable Malfourd W. Trumbo Member, Virginia State Senate P. 0. Box 448 Fincastle, Virginia 24090 RE: 1-81 Design Parameters Dear Senator Trumbo: I am writing this letter to all of the General Assembly Members along the -81 corridor regarding an issue that has been raised by some of the businesses and service providers who are located adjacent to the 1-81 interchanges. I feel it is important that you be provided some pertinent information. The issue is commonly referred to as `the 300 feet fencing from the ramps' at the interchanges or "the 300-foot limited access design criteria." The Virginia Department of Transportation (VDOT) in May 19W completed the 1-81 Improvement Studies for the entire 325 nWe These studies included limited survey, traffic counts and traffic modeUrQ anOtysis, preliminary environmental/historical studies and development of conceptual and feasible design altematives to meet a 2020 design year. As a part of the process, at least two 'Information Meetings" were held in each of the ten study areas that provided for public comment during the study period. The results of the conceptual studies were reviewed with the Commonwealth Transportation Board at their workshop in December 1998. k /Ih9I Cop, -0 -10 61 loo, -/ ,96x�_ --7113 r i Vc3 nt � a 409S VV6 0v5: RE: 1-81 Design Parameters July 6, 1999 Page 3 As we proceed through our project development process and prepare our environmental assessment for the projects we will hold Public Information Meetings culminating with Location and Design Public Hearings. At these meetings and the Public Hearings, individuals will have the opportunity to comment on the design being proposed. After considering all information and data collected during that process, VDOT's Chief Engineer will determine if a design exception on any of the design standards is warranted and, if it is warranted, will seek concurrence from FHWA. Exceptions to design standards require specific justification that VDOT's Chief Engineer can support and are done on a project specific basis. For your information, I am attaching a copy of a position paper on this issue that FHWA has provided. I hope that this information will be beneficial to you as we proceed with the reconstruction of 1-81. If we can provide additional informabon or if you have questions, please let me know. Very.truly.yours,.. David R. Gehr Commissioner Attachment Cc: The Honorable Shirley J. Ybarra Members, Commonwealth Transportation Board Mr. Roberto Fonseca -Martinez, Federal Highway Administration Mr. J. G. Browder, Jr., Chief.Engineer Mr. James W. Atwell, Assistant Commissioner - Finance Mr. Claude D. Garver, Jr., Assistant Commissioner - Operations Mr. Peter R. Kolakowski, Assistant Commissioner — Technology Ms. Connie S. Sorrell, Assistant Commissioner - Administration 6 /E a LOSS vu6 Ors: ! 1N'vOZ : 6 : ZO-£ -6 Bc: Mr. J. T. Mills Mr. S. A. Waymack Mr, E. T. Robb Mr. Fred C. Altizer, Jr. Mr. Dan Marston Mr. Dennis Morrison L099 r86 OVS: !twoZ:O :ZO-£ -6 Q U.S. DepartmenT-'- of Transportation Federal Highway Administration Mr. !. G. Browder, Jr. Chief Engineer Virginia Department of Transportation Richmond, Virginia Dear Mr. Browder: Virginia Division (804)775-3320 June 25, 1999 Interstate Design Standards P.O. Box 10249 400 N. 8th Street Rm. 750 Richmond, Virginia 23240 M REPLY REFER TO: Based on discussions in Abingdon, Virginia regarding Interstate Route 81 (1-81),1 think it is important to clarify the Federal Highway Administration's policy regarding Interstate Design Standards.-FHWA- interstate design standards apply to all interstate routes throughout the... country. Our National System of Interstate and Defense Highways (Interstate System) is the backbone of America's transportation system. Because of this national significance, Section 109 of Title 23 U.S.C. requires that the Secretary of Transportation approve standards for the Interstate System. The U.S. Secretary. of Transportation, together with the State Highway Agencies and a special task force of the American Association of State Highway and Transportation Officials (AASHTO) developed and adopted A Policy on Design Standards - Interstate System. These required standards were codified in 23 CFR, Part 625. One of the fundamental standards with regard to the Interstate is access control, including access control for connections to the crossroads. Any deviations from the above standards regarding control of access or any other design factor must be examined closely and should be addressed during the detailed design stage of the project. In addition, any deviation to the above - mentioned standards should be considered strictly on a case -by -case basis. Hopefully this will clarify the importance of the Interstate design standards. We will continue to work closely with VDOT during the development of this project which is important to not only the Commonwealth but also the entire nation. Sincerely yours, Fonseca -Martinez Division Administrator 6 /S n Loss cab OPS: !&Nvoe:G :Zo-£ -6 PcD riW'( ADMINS r: ax : 804-775-33So gun 17 ' 99 8 : 28 '. �2 FHWA POLICY: ACCESS CONTROL ON THE INTERSTATE SYSTMM Bac 3round Title 23 USC 109 provides that design standards for the Interstate System must be approved by the US Secretary of Transportation in cooperation with the State highway departments. As presented In 23 CFR 625, the US Secretary of Transportation has adopted the publication, A Policy on Design Standards - Interstate System, developed by the American Association of State Highway officials in cooperation with the Federal Highway Administration. Title 23 USC 109 requires that the US Secretary of Transportation, including their representatives, apply the design standards contained in A Policy on Design Standards - Interstate System uniformly throughout all the States. "Access to the Interstate System shall be fully controlled. Access is to be achieved by interchanges at selected public highways. Access control shall extend the full length of ramps and terminals on the crossroad. Such control shell either be acquired outright ion of frontage roads or- a combination of both.. prior to construction or by the construct Control for connections to the crossroad should be effectedbeyond the ramp terminals by purchasing -access rights, providing frontage roads, controlling added -comer right- of-way areas, or denying driveway permits. Such control should extend beyond the ramp terminal at least 100 feet In urban areas and 300 feet in rural areas. These distancds usually should satisfy any congestion concerns. However, In areas where the potential for development exists which would create traffic problems, It may be appropriate to consider longer lengths of access control.' bterstate 81 Through analysis of the service characteristics of 1-81 In Virginia, the Virginia Department of Transportation with concurrence from the Federal Highway Administration (FHWA) designated the 1-81 condor in Virginia as being rural Interstate. This being the case, a 300 feet control of access area Is required beyond the ramp terminal to provide a buffer zone between traffic extting the Interstate and vehicles on the service road. The determination that a control of access of 300 feet beyond the ramp terminal Is needed in the 1-81 corridor Is In keeping with FHWA policy to, "adequately serve the existing and planned future traffic of the highway in a manner that is conducive to safety....', and FHWA's goal to, 'provide the highest practical and feasible level of safety for people and property ... and to reduce highway hazards and the number and severity of accidents...'. Logs 796 ors: wVoz:6 :zo-e -6 The Honorable S. Vance Wilkins, Jr. Member, Virginia House of Elegates P. O. Box 469 Amherst, Virginia 24521 The Honorable Glen M. Weatherholtz Member, Virginia House of Delegates 2 South Main Street, Suite 606 Harrisonburg, Virginia 22801 The Honorable R. Creigh Deeds Member, Virginia House of Delegates P. O. Box 360 Warm Springs, Virginia 24484 The Honorable R. Steven Landes Member, Virginia House of Delegates P. O. Box 42 Weyers Cave, Virginia 24486 The Honorable C. Richard Cranwell Member, Virginia House of Delegates P. O. box 459 _ Vinton, Virginia 24179-0459 The Honorable Joseph P. Johnson, Jr. Member, Virginia House of Delegates 164 E. Valley Street Abingdon, Virginia 24210 The Honorable Lacey E. Putney Member, Virginia House of Delegates P. O. Box 127 Bedford, Virginia 24523 The Honorable Raymond R. Guest, Jr. Member, Virginia House of Delegates P. O. Box 147 Front Royal, Virginia 22630 The Honorable Beverly J. Sherwood Member, Virginia House of Delegates P. O, box 2014 Winchester, Virginia 22604 6 !L 4 L09S t•VG OtYS 1 NV04t6 1GO-E -6 RECEIVIE: D VDQT - EDINBURG RESIDENCY SEP ? 8 1999 [JSAC DNKS f ❑SAM [- jHFC t MEMORANDUM ONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND. 23219 September 21, 1999 To : District Administrators District Construction Engineers Resident Engineers District L&D Engineers SUBJECT: Application of Limited Access Boundaries J.T. MILLS OMSION AOMINISTRATOA There has recently been much discussion over the application of limited access boundaries on roads intersecting with Limited Access Highways. The Department has followed the guidance provided by AASHTO for some time — that is, to extend the limited access a minimum of 300' on rural interchanges and a minimum of 100' on urban interchanges beyond the end of the interchange ramps. The Department's position has been communicated by the Commissioner and Chief Engineer, and details concerning the application of these limits are contained in our Road Design Manual. None the less, there remains some confusion when situations arise that require the application of these limits. The attached sketch is provided in an effort to clarify the application of these limits. J. T. Mi Is State Location & Design Engineer cc: Mr J.G. Browder, Jr. Attachment �� WE KEEP VIRGINIA MOVING QEGIN C IMITEO ACCESS LINE & FENC PROP. R/W—/ MINIMUM ---� C MINIMUM —� Q PROP. R/WBEGIN LIMITED ACCESS LINE & FENCE X'X —X—X X—X X— X-'� k W 0 U N N .. W } 0 U U U _ U _ JQS _. X PROP: R/W & LIMITED ACCESS LINE =f\ -f- / �x—X—X—X—X—X—X—xPROPX R/W BEGIN LIMITED AC SS LINE b FENC MINIMUM v �--MINIMUM ROP_ R PROP. R/1N & LIMITED ACCESS LINE x 100' URBAN/300' RURAL, MEASURED FROM THE ACCELERATION/DECELERATION LANE TAPER TO THE CLOSEST POINT (TURN LANE TAPER/ENTRANCE FLARE) OF ENTRANCE. DEPICTING LIMITED ACCESS RIGHT OF WAY N O O 03 rn 0 J The Honorable H. Morgan Griffith Member, Virginia House of Delegates P. O, box 1250 Salem, Virginia 24153 The Honorable James M. Shuler Member, Virginia House of Delegates 1480 S. Main Street Blacksburg, Virginia 24060 The Honorable Thomas g. Baker, Jr. Member, Virginia House of Delegates P. O. box 1847 Dublin, Virginia 24084 The Honorable A. Victor Thomas Member, Virginia House of Delegates 1301 Orange Avenue, N.E. Roanoke, Virginia 24012 The Honorable Clifton A. Woodrum Member, Virginia House of Delegates P. O. Box 990 Roanoke, Virginia 24005-0990 The Honorable Paul C. Harris Member, Virginia House of Delegates 100 Court Square Annex, Suite B Charlottesville, Virginia 22902 The Honorable John Harvey Tate, Jr. Member, Virginia House of Delegates P. O. Box 26 Marion, Virginia 24354 The Honorable Thomas M. Jackson, Jr. Member, Virginia House of Delegates P. O. Box 333 Hillsville, Virginia 24343 -V u L099 V86 OVS 1 :VJVVZ 76 1 GO-£ -6 x r,. ��JL o�L RL49 Mr. Dale Clift District ivianager Flying J Travel Plaza 1011 North Mountain Street Blacksburg, SC 29702 June 13,2002 RE: Issues Associated with Flying J Facility in Frederick County Dear Dale: COUNTY of FREDERICK Kris C. Tierney Assistant Cowiry Administrator 540/665-5666 Fax 540/667-0370 E-mail: ktierney@co.frederick.va.us First, I want to thank you and Tony Sealock once again for meeting with representatives of Frederick County, oursheriff, and the Virginia State Police this morning regarding issues ofconcem surrounding your facility in the county. Following up on our discussion, I will contact our regional Virginia Department of Transportation (VDOT) representative to explore their plans and official position as it relates to the exit 323 interchange, Route 669 bridge improvements, and the 300 foot entrance spacing requirement along Interstate 81. I will also explore the status and ownership of Zackery Ann Lane to determine what the possibilities might be for Flying J utilizing the lane to improve traffic circulation in and around your facility. As for your commitment, we will be anxious to see what sorts of steps you are able to implement as a result of our meeting. It is my hope that some of the suggestions that were discussed will prove cost effective for you and result in noticeable improvements to truck movements both to and from and within your site. Once I have had an opportunity to look into the matters mentioned above, I will be in touch with you in hopes of arranging a future meeting where we might begin to explore, with the relevant parties, some larger scale measures to further improve public safety, as well as, improve access to your site. I'll look forward to meeting with you again. Sincerely; Kris C. Tierney, AICP Assistant County Administrator ,cur_ulb � cc. Board of Supervisors Sheriff Robert T. Williamson �uN 4 �00�° John R. Riley, Jr. Eric R. Lawrence tiO DEVELOPMENT Jerry A. Copp, Virginia Department of Transportation First Sargent Tracy Russillo, Virginia State Police 107 North Kent Street • Winchester, Virginia 22601-5000 I COMMONWEA LTi I of VIR'CINIA ROCKEIRIDGE SQUARE SHOPPING CENTER 131 WALKER STREET LEXINGTON, VIRGINIA 24450-2431 PHONE: (540) 463-7136 FAX:_(540) 463.3892 SUBJECT: Frederick County RECEIVED Water — Flying J Travel Plaza ° N -DR 2002 J. Phillip �Adam5 ; rr'nrickCourttY Mr. J p ' Admmistrator Office ��, Flying J, Inc. 13y=LL ��`j 50 West, 990 South ,�/ =C � Brigham City, Utah 84302 �ZtZOZE� Department of Health DIVISION OF DRINKING WATER Lexington Environmental Engineering Field Office April 1, 2002 Dear Mr. Adams: Enclosed you will find Commonwealth of Virginia, Department of Health, Amended Waterworks Operation Permit No. 2069230 with an effective date of March 25, 2002. This permit is your authorization from the State Health Commissioner to operate the public waterworks serving the Flying J Travel Plaza, located in Frederick County, in accordance with Part II of the Waterworks Regulations. You will note that the permit i.ndicates that this water supply has a design capacity of 79,200 gallons per day. This permitted design capacity is the maximum system capacity based on Part III of the Regulations and shall not be exceeded. This amended waterworks operation permit replaces and nullifies Permit No. 2069230 dated September 21, 1998; therefore, it is requested that Operation Permit No. 2069230 dated September 21, 1998 either be destroyed and this office advised of its destruction or returned to this office. We look forward to your continued cooperation in the maintenance and operation of this public waterworks. If you have any questions regarding this matter, do not hesitate to contact me. Very truly yours, Harold T. Eberly District Engineer HTE/bt/02040103 cc Flying J Travel Plaza - Attn: Tony Sealock Frederick County Health Department County of Frederick - Attn: John R. Riley, Jr. VDH — Richmond Central -� l V VIRGINIA f i ,f DEPARTME HEALTHNT V/DHOIF Proku:g You end Ywo fnvvon wfW WWItl.VDH.STATE. VA. US • 0 /J 6- COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH DIVISION OF DRINKING WATER WATERWORKS OPERATION PERMIT FLYING J, INC. IS HEREBY GRANTED PERMISSION TO OPERATE A NONTRANSIENT NONCOMMUNITY WATERWORKS HAVING A DESIGN CAPACHI' OF 79,200 GALLONS PER DA) AT THE FLYING J TRAVEL PLAZA, LOCATED IN FREDERICK COUNTY, IN ACCORDANCE WITH THE PROVISIONS OF TITLE 32.1, Cl IAPTI:R 6, ARTICI.E 2, SECTIONS 32.1-172 AND 173, CODE OF VIRGIN'L4, AS AMENDED, AND 12 VAC 5-590-29OF OF THE WATERIVOIZKS REGULATIONS OF THE VIRGINIA DEPARTMENT OF I, AS A.>11:NDI:1-). TI IIS PEI:`IIT IS ISSUED IN ACCORDANCE WITH PREVIOUSLY ISSUED PERMITS: NONE (SEE ENGINEERING DESCRIPTION SHEET DATED MARCH 25, 2002); AND WITH TI IF UNDERSTANDING THAT THE OWNER WILL OPERATE THE WATERWORKS IN ACCORDANCE WITH PART II, "OPERATION REGULATIONS FOR WATERWORKS", OF TI-11: WATERWORKS REGUL-?TiONS OF THE VIRGINIA DEPARTMENT OF HEALTH AND ANY VARIANCES AND/OR EXEMPTIONS NOTED BELOW. VARIANCES AND/OR EXEMPTIONS GRANTED (X) NONE O SEE ATTACHED AN ENGINEERING DESCRIPTION SI IEET IS ATTACHED DATED MARCi-i 25, 2002 11ERMIT NO. 2069230 EFFECTIVE DATE MARCH 25, 2002 APPROVED: DIRECTOR, DIVISION OF DIffNKING WATER FOR THE STATE HEALTH COMMISSIONER PURSUANT TO VA CODE : 2?-604 EXPIRATION DATE (REV. 03/02) 0 • SKATE- DEPARTMENTOF HEALTH ENGINEERING DESCRIPTION SHEET DATE: March 25, 2002 INSTALLATION: Flying J Travel Plaza CERTIFIED CLASS: III COUNTY: Frederick TYPE: Nontransient Noncommunity LOCATION: West side of Interstate Route 81 at Exit 323 OWNER: Flying J, Inc. OPERATOR: Flying J, Inc. PERiv1IT NO.: 2069230 Amended DATE ISSUED: November 24, 1997; September 21, 1998; March 25, 2002 TYPE OF TREATMENT: Membrane Filtration and Chlorination SOURCE: One drilled well DESIGN BASIS: 79,200 GPD DESCRIPTION OF SYSTEM: The source of supply for this system consists of a drilled well, membrane filtration facilities, chlorination facilities, and combined clearwell/finished water storage tank. The ,veil is located approximately 150 feet southeast of the travel plaza and adjacent to the Interstate Route 81 right-of-way. The well is drilled to a depth of 160 feet, cased to a depth of 104 feet with 8-inch casing and cement grouted to a depth of 100 feet. The extended well casing terminates approximately 12 inches above a 6-foot by 6-foot by 6-inch concrete pad and is provided with a sanitary seal, screened casing vent, drawdown gauge, and pitless adapter. Water is pumped from the well by means of a 5 horsepower, 115 gpm submersible pump to the combined clearwell/finished water storage tank. Reported well yield, based on a 120-hour yield and drawdown test, is 115 gpm. Total water production is metered. Treatment of the well consists of membrane filtration and chlorination . Water pumped from the well passes through a pre -filter basket strainer and is delivered to a 500-gallon buffer (break) tank. This tank measures 4 feet in diameter by 5.83 feet high, is equipped with a level indicator, and serves to equalize flow to the membrane filter. From the break tank, water is filtered on a Memcor Model 6M10C membrane filter equipped with six filter modules capable of treating 79,200 gpd. The filler is located in a 1�1 foot by "18-foot fiberglass building located adjacent to the combined clearwell/finished water storage tank and is equipped with a chemical cleaning system, solenoid valves, and control panel to provide automatic operation. Filter backwash is accomplished using compressed air supplied by a 2 horsepower, 7.5 scfm at 175 psi compressor. II V, 0 i Following filtration, a 4-1 gpd hypochlorinator injects a chlorine solution from a 50-gallon solution crock into the filter effluent line prior to water entering the combined clearwelWin ished water storage tank. The chlorination equipment is housed in the treatment building in a 4-fool by 4-foot room with an outward opening door. From the combined clearwell/finished water storage lank, water enters the distribution system where a prefabricated domestic water pressure system, comprising three 55 gpm at 140 feet constant speed pumps and '170-gallon pressure tank, takes suction and maintains system pressure at 60 psi. Operational monitoring of the water treatment process includes provisions for pressure (raw, pre -filter differential, transmembrane, finished water), flow rate (raw, finished), turbidity (raw, finished), particle count (finished), and residual chlorine (entry point). Established alarm conditions include high water levels, high particle count, low entry point chlorine residual, low air pressure while plant shutdown alarm conditions include low entry point chlorine residual, low air pressure, low break tank level, high influent and effluent turbidity, and high particle count. Storage consists of a combined clearwell/finished water storage tank located adjacent to the treatment building. The tank is a circular, steel structure that measures approximately 21.5 feet in diameter and 24.4 feet high, has a capacity of 66,600 gallons at the overflow, and is provided with a 6-inch screened overflow, 4-inch tank drain, 2 feet square shoebox-type access manhole, screened 20-inch mushroom - type roof vent, and 24-inch diameter manway. The design capacity for this system is based on the following data: Source Capacit : Yield Pump - Well 115 gpm 115 gpm Source capacity will be limited by well yield to 115 gpm or 0.165 MGD. Treatment Facilities: Booster Pumps: 3 x 55 gpm = 165 gpm Filtration Capacity: 1 x 55 gpm = 55 gpm Treatment facilities will be limited by filter capacity. Storage. Capacity: Total Available Total Useable Tank Capacity (See Note 1) 66,600 gal 28,440 gal Storage capacity at 200 gallons per connection ='142 connections Existing: 1 Connection 0 The Clesign capacity of this system will be filler capacity limited; therefore, the capacity for this system will be 79,200 gpd. NOTE 1: Available storage capacity has been adjusted to reflect CT requirements for water treatment facility. Adjustments based on 0.3 baffling factor and minimum entry point chlorine residual of 0.5 mWL at pl-I = 7.5 and temperature = 13.5 C. I-ITE/bt • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 2, 2001 Flying J Headquarters PDG Inc. Attn: Mr. Rich Stephens 1104 Country Hills Drive, 5th Floor Ogden, UT 84403 RE: Status - Letter of Credit for the Improvements to Zachary Ann LanefRying J Dear Mr. Stephens The purpose of this letter is to respond to your request pertaining to the status of the required improvements to Zachary Ann Lane, adjacent to the Flying J Truck Stop. As you know, Frederick County currently holds a letter of credit in the amount of $500,000 to guarantee the completion of Zachary Ann Lane throughout the limits of this property. The portion of Zachary Ann Lane to be completed comprises the limits of the area depicted on Page C-2 of Site Plan 4026-96, approved on November 18, 1997. In order to obtain a "punch list" for the completion of this portion of Zachary Ann Lane, you must first submit an engineered design plan to the Virginia Department of Transportation (VDOT) for review. The appropriate VDOT contact is Mr. Dave Heronimus, phone (540) 535-1818, who can advise you of their requirements and review process. The letter of credit will not be released until this portion of Zachary Ann Lane is constructed to a standard that is acceptable by the Virginia Department of Transportation. Frederick County reserves the right to enforce the terms of the letter of credit at any time in the future. If you have any questions regarding this letter, please feel free to call. Sincerely, P4, 1 -r Patrick T. Davenport Zoning and Subdivision Administrator PTD/kac U atxk.coffm�, Mm m„apTlyfftgJ is sonu . pa 107 North Dent Street - Winchester, Virginia 22601-5000 li Qi ST (F m ^ 00 Q e° 0 RIDGE u ul z � ReO wil HALL 2� ST CH "CH PD. ROUTE 669 REsr �_ SITE -�a CC W Zj ti� Vr 2 VICINITY MAP NOTES: SCALE: 1" = 2000' RD. B 1. BOUNDARY INFORMATION /MONUMEN TATION SHOWN HEREON IS BASED ON INSTRUMENTS OF RECORD AS INDICATED HEREON AND AN ALTA/ACSM LAND TITLE SURVEY PREPARED BY BOWERS & ASSOCIATES, P.C. ON THE PROPERTY OF RAINBOW GROUP AND PEN DAY ENTERPRISES, INC. DATED 10/13/95, RECERTIFIED 7/14/96, REVISED 9/10/96 (REFERENCE B&A FILE No. C-771) AND A LOT CONSOLIDATION PLAT PREPARED BY BOWERS & ASSOCIATES, P.C. DATED 1/31/97 AND RECORDED IN DEED BOOK 873, AT PAGE 1800 AMONCI�,THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. MERIDIAN SHOWN HEREON IS BASED ON RE -DIVISION PLAT OF WHITE HALL BUSINESS PARK, RECORDED IN DEED BOOK 750, AT PAGE 1810 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. THIS RIGHT OF WAY DEDICATION PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND DOES NOT PURPORT TO REFLECT ALL EASEMENTS, ENCUMBRANCES OR OTHER CIRCUMSTANCES AFFECTING THE TITLE TO THIS PROPERTY. 4. THIS PLAT HAS BEEN PREPARED PURSUANT TO "FLYING-J TRAVEL PLAZA" PLANS PREPARED BY HARRIS, SMARIGA & ASSOCIATES, INC. PROJECT #6552-0-FLYJ, SHEETS C-6, C-13 & C-14, DATED APRIL 1996, REVISED AUGUST 8, 1997 AND RIGHT-OF-WAY DEDICATION PLATS PREPARED BY BOWERS & ASSOCIATES, P.C., DATED SEPT. 19, 1997 AND RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA AT DB 889, PG 507; DB 889, PG 514, DB 889, PG 522 AND DB 889, PG 529. LEGEND: S.F. SQUARE FEET AC. ACRES IPF IRON PIPE FOUND IRF IRON ROD FOUND DB DEED BOOK PG PAGE P.A.E. PRIVATE ACCESS EASEMENT ESMT. EASEMENT R/W RIGHT OF WAY ex. EXISTING CENTERLINE P.I.N. PARCEL IDENTIFICATION NUMBER VDOT VIRGINIA DEPARTMENT OF TRANSPORTATION B.R.L. BUILDING RESTRICTION LINE AREA TABULATION: P.I.N. 39—((A))-2 12,554 S.F. 0.2882 AC. PROPERTY OF RAINBOW GROUP P.I.N. 39—((9))-1 79,089 S.F. 1.8156 AC. PROPERTY OF CFJ PROPERTIES TOTAL AREA OF 91,643 S.F DEDICATION (THIS PLAT) PLAT SHOWING DEDICATION OF PUBLIC RIGHT OF WAY FOR ZACHARY ANN LANE & VACATION OF A PORTION OF ITHEEXISTING PRIVATE ACCESS EASEMENTON 7ANDALLC. THE PROPERTY OFNTIRE RAINBOW GROUP O. DEED BOOK 867, PAGE 521 CFJ PROPERTIES DEED BOOK 867, PAGE 670 2.1038 AC. Dote: Sept. 23, 1997 WN rod. 950 07.04 Tech: CMH Drpwn: LAA Fid: DG I Chkd: CMH l Sheet 1 of 3 DEED BOOK 867, PAGE 674 Dw No. A-172 9 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Bowers Consulting Q Associates, P.C. Engrneers Survayora Revisions: 11/17/97 CLIENT REVISIO tl Londscope Arcnitocts 104-1 Ct,uror, St., S.E. Loeut�wrg, ,a. 20175 (703) 777 — 0083 (metro) 478 — 8576 r PRINTED E:I 8 1997 ROWERS & ASSOC. . 'V4 RES r T S TA TE�H( CH �E 89 Oct 6gA� ro ►MiiTE DB 8899, PG 14 RA1NB pW >>-2 3.8 Ml..t HALL, VA. 529 S 79.14 ,4 �B 867 PGROV F _64•44. E 600 a C. 50 i- �RF i `Di Z UZ J m C) m m Q to Z a o N S 79. �; Q > 1 4'4 7.. E �o aD 60,07 W W noCor Z v �-aoo� Q m r; aaa" Ian Z 33—((9))-1 ' ~zmLo LOT 1 o Q WHITE HALL In >- FLYING J I DB 873, PG 1800 Q Q CFJ PROPERTIES \ DB 867, PG 670 / 360, 5 DB 867, PG 674 m j N I CID o 60 //C CY)Wow "� o CID g o o L'Lj -0) FOUNDMON CIO 3 O i`t W=`i1aao �- mCO a Uj� Qm"'N �� Hamm {� O 2 p L m p NOTE: A PORTION OF THE EXISTING P.A.E. I a OZ C; / RECORDED IN DB 747, PG 1052 & DB 750, PG 1810 WAS ABANDONED / IN DB 867, PG 666. / NCA .S RUN BRL GRAPHIC SCALE 0 100 200 400 14''-9L B- OB IN FEET ) 1 inch = 200 ft. PLAT SHOWING Date: Sept. 23, 1997 yTH Op DEDICATION OF PUBLIC RIGHT OF WAY FOR ZACHARY ANN LANE Scale: 1" = ' 200' o & VACATION OF A PORTION OF THE EXISTING PRIVATE ACCESS EASEMENT Proj. No: 950907.04 cE TI E ON THE PROPERTY OF: RAINBOW G R O U P L •�I Tech: CMH Drawn: LAA CERTIFICATE NO. 1731 DEED BOOK 867, PAGE 521 AND Fld: DG Chkd: CMH g�4 PROPERTIES ;(113 qND CFJ DEED BOOK 867, PAGE 670 Sheet 3 of 3 Dwg. No. A-172 DEED BOOK 867, PAGE 674 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Bower's Consulting s. Associates, P.C. Engineers Surveyors Revisions: 11/14/97 CO. COMMENTS & NOTATION Lon Cscopw ArcF+l tecta 11/17/97 CLIENT REVISION vv 104-1 Church St., S.E., Leesburg, Va. 20175 (703) 777 — 0063 (metro) 478 — 8576 PRINTED NOV 1 8 1997 BOWERS & ASSOC. OWNER'S CERTIFICATION THE DEDICATION OF RIGHT OF WAY FOR PUBLIC STREET PURPOSES SHOWN HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER(s). CFd--PROPERTIES (SIGNATURE) NAME: TI TLE: FOR: ADDRESS: STATE OF ! tta k, COUNTY OF TO WIT SUBSCRIBED AND SWORN TO BEFORE ME IN MY STATE AND COUNTY AFORESAID THIS DAY 0 19 7 7— NOTARY PUBLIC MY COMMISSION EXPIRES DATE 1 IIL4E147 J >, . �.t ar;nu Sow► 1, iota. (tio 6+e" Ian J 10i c1„'a)py e low Siff UM u � RAINBO GROU IGNATURE) DATE NAME: � vl C• 6 vc4i ne° ✓ -j-� TITLE: PA� t FOR: g,+, A)& (0 GtP-00r _ ADDRESS: I gp�?, S. (i() 0.00 v STATE OF I �✓�� COUNTY OF / EeOCA, 1,4 TO WIT: SUBSCRIBED AND SWORN TO BEFORE ME IN MY STATE AND COUNTY AFORESAID THIS 1 %4 DAY OF Imui¢ 19 Q % . NOTARY PUBLIC G ' MY COMMISSION EX IRES Al/- _ COUNTY OF FREDERICK DEPT. OF PLANNING do DEVELOPMENT �i �/�.Ly�•�I UBDIVISION ADMINISTRATOR DATE SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THE LAND SHOWN HEREON AS BEING DEDICATED FOR PUBLIC STREET PURPOSES IS NOW IN THE FOLLOWING NAMES: P.I.N. 33—((A))-2 RAINBOW GROUP DEED BOOK 867, PAGE 521 P.I.N. 33—((9))-1 CFJ PROPERTIES DEED BOOK 867, PAGE 670 DEED BOOK 867, PAGE 674 AMONG THE LAND RE alLIKIVC OF FREDERICK COUNTY, VIRGINIA. RO DALL C. McENTIRE CO MONWEALTH OF VIRGINIA LAND SURVEYOR CERTIFICATE No. 1731 PLAT SHOWING Date: Sept. 23, 1997 y1�AyTH OF L DEDICATION OF PUBLIC RIGHT OF WAY FOR ZACHARY ANN LANE Scale: AS SHOWN & VACATION OF A PORTION OF THE - EXISTING PRIVATE ACCESS EASEMENT Proj. No: 950907.04 ON THE PROPERTY OF: Tech: CMH Drawn: LAA ALL C. Mc IRE RAINBOW GROUP CERTIFICATE NO. 1731 DEED BOOK 867, PAGE 521 AND FId: DC Chkd: CMH DEED B PROPERTIESK8 PE Sheet 2 of 3 DEED BOOK 867, PAGE 674 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Dw No. A—� %2 9 Bowers &L Associates, P.C. Revisions. Corisultlnq Englneers • Surveyors Londscope Archltects 104-1 Church St., S.E.• Leesburg, Va. 20175 (703) 777 — 0083 (metro) 478 — 8578 Prepared by: CFJ Properties 50 West 990 South Brigham City, UT 84302 DEED FOR PUBLIC RIGHT-OF-WAY THIS DEED, Made this _lu I day PROPERTIES, a Utah partnership hereinafter FREDERICK, VIRGINIA, Grantee; of November, 1997, by and between CFJ designated as Grantor, and the COUNTY OF WITNESSETH: In consideration of the benefits accruing or to accrue to the said Grantor, by reason of the location and construction, or other improvement of part of Zachary Ann Lane, along, through, or over the lands of the Grantor, and for further consideration paid to the Grantor, receipt of which is hereby acknowledged, the said Grantor hereby grants and conveys unto the said Grantee in fee simple, with general warranty, each as to the land owned by Grantor hereby conveyed, a strip or parcel of land needed for the location and construction or other improvement of said road subject to all easements, conditions, restrictions, taxes and reservations of record. All the said strip or parcel of land is in Stonewall magisterial District of Frederick County, Virginia as described on Exhibit A and B attached hereto and incorporated herein by this reference. The Grantor by the execution of this instrument acknowledges that the plans for the aforesaid road as they affect its respective properties have been fully explained to Grantor or its authorized representatives. The said Grantor covenants that it has the right to convey the said land to the Grantee. The said Grantor covenants and agrees for itself, its heirs, and assigns and successors, that it has been made aware of its right to receive just compensation for the land herein conveyed, and that the considerations hereinabove mentioned and paid to Grantor shall be in lieu of any and all claims to compensation and damages by reason of the location, construction and maintenance of said road. Dated this - day of� November. 1997. CF,J PROPERTIES, a Utah -partnership , By:' -- Richard E. Germer, Member of the Executive Committee and authorized signatory for CFJ Properties, a Utah partnership. STATE OF UTAH ) )ss COUNTY OF BOX ELDER ) The foregoing instrument was acknowledged before me this day of November, 1997, by Richard E. Germer, Member of the Executive Committee and authorized signatory for CFJ Properties, a Utah partnership. My Commission expires NO7MY VUSUC ®SHAUNA L.My Ccmmiaskn EaPire�: 31639 ;q� Steteo/Uteh •J '(5`�SS" =� No(ary Public cX h. ,z, -� Bowers & Associates PC Consulting Engineers. Land Sin-veyors and Landscape Architects METES AND BOUNDS DESCRIPTION PROPERTY TO BE CONVEYED FOR PUBLIC RIGHT-OF-WAY FOR ZACHARY ANN LANE PART OF THE PROPERTY OF CFJ PROPERTIES DEED BOOK 867, PAGE 670 AND DEED BOOK 867, PAGE 674 ALSO BEING PART OF LOT 1, WHITE HALL FLYING J DEED BOOK 873, PAGE 1800 PARCEL IDENTIFICATION NUMBER 33-((9))-1 STONEWALL i'VIAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGIMA NOVEMBER 14, 1997 (REVISED NOVEMBER 17, 1997) BEING part of Lot j, White Hall Flying J as shown on a Lot Consolidation Plat recorded in Deed Book (D.B.) 873, Page (PG.)1800 and being part of the property conveyed to CFJ Properties in D.B. 867, PG. 670 and D.B. 867, PG. 674 all among the land records of Frederick County, Virginia; also being all of that certain property intended to be conveyed for public right-of-way for Zachary Ann Lane. BEG i i i G at an iron rod found (IRF), a corner to Fruit Hill Orchard, Inc. (D.B. 365, PG. 242) and to Rainbow Group (D.B. 867, PG. 521); and also being a corner to Lot 1, White Hall Flying J (D.B. 873, PG. 1800), property of CFJ Properties (D.B. 867, PG. 670 and D.B. 867, PG. 674): Thence departing said Fruit Hill Orchard, Inc. and running with said Rainbow Group and with the outline of Lot 1, White Hall Flying J and the herein described property intended to be conveyed for public right-of-way; S 79014'47" E, 60.01' to a point, Thence departing Rainbow Group and the outline of Lot 1, White Hall Flying J and running through Lot 1, White Hall Flying J, property of CFJ Properties; S 11055'23" W, 1318.76' to a point, said point being in the line of Lot 4, White Hall Business Park (D.B. 747, PG. 1052 and D.B. 750, PG. 1810), property of the Rainbow Group (D.B. 720, PG. 936), PO Box q;; Leesbur, VA_'01,8 104-1 (,IMI-Ch Street SE Leesburg VA 2017� 70 7 7 7.0003 Local 70: 4 7 S.8 *�h Vetro 703,777.2480 Fax Thence no longer running through Lot 1, White Hall Flying J but running again with the outline of same and with said Lot 4, White Hall Business Park; N 78004'37" W, 60.00' to a point in the line of the aforesaid Fruit Hill Orchard, Inc., Thence departing Lot 4, White Hall Business Park and running with Fruit Hill Orchard, Inc.; N 11055'23" E, 1317.54' to the POINT OF BEGINNING, containing 79,089 square feet or 1.8156 acres of land more or less. All in accordance with a Plat Showing Dedication Of Public Right Of Way For Zachary Ann Lane, dated Sept. 23, 1997 (last revised Nov. 17, 1997) prepared by Bowers & Associates, P.C. (B&A File No. A-172). CtM FULAA 950907.04/CFJ ZAL.doc rroU-14-19'97 lc: 47 :301 7'4 6580 P.02/00 Prcparcd by: CFJ Properties 50 West 990 South Brigham City, UT 34302 DEED FOR PUBLIC RIGHT-OF-WA'Y THIS DEED, Made this __� day of November, 1997, by and between THE RAINBOW GROUP, a Virginia corporation hereinafter designated as Grantor, and the COUNTY OF FREDEWCK� VIRGINIA, Grantee; WITNESSETH: In consideration of the benefits accruing or to accrue to the said Grantor, by reason of the location and construction, or other improvement of part of Zachary Ann Lane, along, through, or over the lands of the Grantor, and for further consideration paid to the Grantor, receipt of which is hereby acknowledged, the said Grantor hereby grants and conveys unto the said Grantee in fee simple, with general warranty, each as to the land owned by Grantor hereby conveyed, a strip or parcel of land needed for the location and construction or other improvement of said road subject to all easements, conditions, restrictions, taxes and reservations of record. All the said strip or parcel of land is in Stonewall magisterial District of Frederick County, Virginia as described on Exhibit A and B attached hereto and incorporated herein by this reference. The Grantor by [tie execution of this instrument acknowledges that the plans for the aforesaid road as they affect its respective properties have been fully explained to Grantor or its authorized representatives. The said Grantor covenants that it has the right to convey the said land to the Grantee. The said Grantor covenants and agrees for itself, its heirs, and assigns and successors, that it has been made aware of its right to receive just compensation for the land herein conveyed, and that the considerations hereinabove mentioned and paid to Grantor shall be in lieu of any and all claims to compensation and damages by reason of the location, construction and maintenance of said road. 'j-rt Dated this I I/ day of ti'% 1997. THE RAINBOW GROUP, a Virginia Partner_ 'p q/ ,D N/ X. . Z Ronald Simkhoviteh, Partner cy- Henry Buettner; Jr., Partner HOV-14-1997 15:47 eO1 734 6500 P.03/08 STATE OF VIRGINIA ) )ss COUNTY OF FREDERICK ) The foregoing instrument was acknowledged before me this day of 4101rellL , 1997, by Ronald Simkhovitch and Henry Buettner, Jr., partners and authorized signatories for TIC RAINBOW GROUP, a Virginia partnership. My Commission expires w, Notary Pu bUc Bowers & Associates PC ('onsulting I'ngineers, Land Surveyors and Landscape Architects METES AND BOUNDS DESCRIPTION PROPERTY TO BE CONVEYED FOR PUBLIC RIGHT-OF-WAY FOR ZACHARY ANN LANE PART OF THE PROPERTY OF THE RAINBOW GROUP DEED BOOK 867, PAGE 521 PARCEL IDENTIFICATION NUMBER 33-((A))-2 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA NOVEMBER 14, 1997 EXHIBIT A BEING all of that certain (remainder of) "Parcel 1" described in Deed Book (D.B.) 867, Page (PG.) 521, less and except that certain portion conveyed as public right-of-way in D.B. 889, PG. 525 and otherwise being part of the property conveyed to the Rainbow Group in said D.B. 867, PG. 521 and being all of that certain property intended to be conveyed for public right-of-way for Zachary Ann Lane, BEGINNING at an iron rod found (IRF), a corner to Fruit Hill Orchard, Inc. (D.B. 365, PG. 242) and Lot 1, White Hall Flying J (D.B. 873, PG. 1800), property of C.FJ Properties (D.B. 867, PG. 670 and D.B. 867, PG. 674); and also being a corner to that certain "Parcel 2" described in the aforementioned D.B. 867, PG. 521 (other lands of Rainbow Group) and a corner to the aforesaid (remainder of) "Parcel 1": Thence departing said Fruit Hill Orchard, Inc. and Lot 1, White Hall Flying J and running with said "Parcel 2" and with the outline of the (remainder of) "Parcel 1" and the herein described property intended to be conveyed for public right-of-way; N 11 055'23" E, 189.20' to a point, said point being a corner to the aforementioned public right-of-way conveyed in D.B. 889, PG. 525, the same being a part of the southerly (variable width truncated) right-of-way line of Rest Church Road, State Route 669, Thence departing "Parcel 2" and running with said southerly right-of-way line of Rest Church Road, State Route 669; S 79014'47" E, 64.44' to a point, said point being a corner to the aforementioned Lot 1, White Hall Flying J, Thence departing the southerly right-of-way line of Rcst Church Road, Statc Route 669 and running with Lot 1, White Hall Flying J; 1'0 Box 955 Lccsburg V�\ 20178 104-1 Church Sheet Sl: l.ecshurg V�\ 20175 703,777.0063 Local 703.478.8S76 Metro 70.3.777.2480 Fax S 10045' 13" W, 189.16' to a cut "x" in stone, N 79014'47" W, 68.30' to the POINT OF BEGINNING, containing 12,554 square feet or 0.2882 acres of land more or less. All in accordance with a Plat Showing Dedication Of Public Right -Of -Way For Zachary Ann Lane, dated Sept. 23, 1997 (sheet 3 revised Nov. 14, 1997) prepared by Bowers & Associates, P.C. (B&A File No. A-172). CM Nn.A A 950M.04/Rainbow RAL.Joc SP LL 2-4.-9G e�f � e' F id COMMONWEALTH of VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG. VA 22824 COMMISSIONER January 11, 2001 Mr. Mike Perry C/O Perry Engineering Co., Inc. !945 Millwood Pike Winchester, VA 22602 Ref: Land Use Permit #855-04168 Flying "J" Travel Plaza Route 669, Frederick County Dear Mr. Perry: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX(540)984-5607 Please be advised the referenced permit will not be completed until certain pavement repairs are performed. As discussed last year, the left turn lane into the site is exhibiting signs of distress. The areas of concern will require milling of the surface and repaving. Once this repair work is scheduled and completed, we will schedule a re -inspection. SAM/rf xc: Mr. Dave Heironimus Mr. Evan Wyatt Sincerely, ---------- Steven A. Melnikoff Transportation Engineer JAN 1 6 2001 DEPT, OF PLANNING/DEVELOPMENT WE KEEP VIRGINIA MOVING `, July 14, 2000 J. Phillip Adams President Flying J, Inc. 50 West, 990 South Brigham City, UT 84302 Dear Mr. Adams: COUNTY of 1=REDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us Recently Flying J conducted a promotional activity at its facility located on the White Hall [-81 interchange. The nature of the promotion was reduced prices on the purchase of gasoline. Flying J's promotion was overwhelmingly received by the motoring public to the extent that it blocked all access points to the interchange and the surrounding roadways leading to the interchange. State and local law enforcement agencies expended considerable time and manpower to control this effort. The Frederick County Board of Supervisors does not want to appear as an obstructionist to the free enterprise system, but would greatly appreciate advanced notice of such events in order to anticipate issues that could adversely effect the public safety of the community. Thank you in advance for your consideration of this matter. cc: Board of Supervisors Planning and Development Clearbrook Citizens for Safety CATJP%planningkLetFlyingJPromotional Evems071400 wpd Sincerely, i John R. Riley, Jr. County Administrator RECSVED J U L 14 2000 DEPT, OFPLAN,jV,,&;G'DEVELOPMENT 107 North Kent Street • Winchester, Virginia 22601-5000 COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Valley Regional Office James S. Gilmore, III Governor Street address: 441 1 Early Road, Harrisonburg, Virginia 22801 Mailing address: P.O. Box 3000, Harrisonburg, VA 22801-3000 Telephone (540) 574-7800 Fax (540) 574-7878 John Paul Woodley, Jr. httpJ/www.deq.state.va.us Secretary of Natural Resources May 24, 2000 Mr. John R. Riley, Jr. Frederick County Administrator 107 N. Kent St. Winchester, Virginia 22601 Dear Mr. Riley: RE: Notification of a Proposed State Water Control Board Enforcement Action, Flying J, Inc. l . r1��1 Dennis H. Treacy Director R. Bradley Chewning, P.E. Valley Regional Director A recent amendment to the Code of Virginia requires us to provide localities with individual notice of any proposed enforcement action taken by the State Water Control Board. Pursuant to this new law, Va. Code § 62.1-44.15:4(E), I have enclosed a copy of the public notice for a proposed Consent Special Order being issued to Flying J, Inc. for its sewage treatment plant in Frederick County. The notice summarizes the name of the alleged violator; the facts of the alleged violation; and the name of a contact person at the Department of Environmental Quality who is knowledgeable about the facts of the alleged violation. The notice is being mailed today to the Winchester Star and to the Virginia Register. The public comment period will run for 30 days from publication of the public notice. Under,the State Water Control Law, any person who violates any provision of the law or regulations may be held liable for civil penalties of up to $25,000 for each violation. The State Water Control Board is authorized to pursue either administrative or legal remedies, including injunctive relief, to abate violations of the law and regulations. If you have any questions about the proposed Order, please contact me at (540) 574-7800. Sincerely, Steve Hetric Compliance/Enforcement Specialist Sr. C. be'l -�L }P f-: J 'Jul I rl" i i ) 4 LGi ILL, 34J3 4 JU S We2liflay CO •.�' --�- �' 10 Oo C �• P. ha.. j -'ar PUBLIC NOTICE STATE WATER CONTROL BOARD ENFORCEMENT ACTION PROPOSED CONSENT SPECIAL ORDrLR FLYING J, rNC, The Stdtc Wtitcr Control Board proposal to enter Into • Conscnt Special Order with Flying J, Inc. to resolve violations of the State Water Control Law slid regul400ns at the Flying J, Inc,"'sewa8t ueatmenr plasm in Fredorlek County'. ne facility dischargos treated wastewater to Duncan Run, in tht: Shenandoah River oubbtusin, Potomac River DEQ has conducted inspections at Thcihty that showed diet Dunc4r; RLM Appeared !o be impacted by Flying I's discharge in violation of the hoard's Water Quality Standard regulations. The fdcilily has also exceeded the effluent limitations for TKN. Tn addition, Flying,[ conducted unauthorized conbtruction within Dunum Run ttnd failed to"Submit a Joint permit Application to the Virginia Marine Resourm Commission for work parformed in Ouncan Rurn. -�_ -- The Order also assesses a civil c rge for the violations. rho proposed Conccni Special Order settles the outetanding'Notiees of Violation and inwrporatea a �chcdulc of uomplWi ce to upgrade the- facility to --meet final effluent limitations find to addTrAs impacts due to :hc ttnpermitted instrcam construction. The Board will roceive wtiUcn comments relating to the proposed Consent SpeCittl Order !'or lhiny (30) days from the date of publication of this notice, Cnrnmena should be addrt3scd to Steven W. Hetrick, Department of Errvitunmcntal Quality, Pogt Office Box .3000, l•Iarriconbttry, Virginia 22801. and should refrx to tho Consent Speei;il Order. The proposed Order may be examined at the Dcparim=t of Environmental Quality, Valley Rcgiaual Offitco, 4411 Early Road, Harrisonburg. Virginia 22801. A copy of the Order may be obtained in person or by mail from this office. 0 • COUNTY of FREDERICK Department of Planning and Development s40166s-5651 )FAX: 540/678-0682 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Evan A. Wyatt, Deputy Planning Director � , RE: Flying J Travel Plaza - Consent Special Order DATE: June 13, 2000 Please find attached a letter from Steve Hetrick, Department of Environmental Quality Compliance/Enforcement Specialist, Sr., dated May 24, 2000, and a copy of the Public Notice for State Water Control Board Action via a Proposed Consent Special Order against Flying J Travel Plaza. I had an opportunity to contact Mr. Hetrick last week to discuss the specifics of the Consent Special Order. The following issues pertain to the Consent Special Order and are for your information: Consent Special Order Issues That Have Been Resolved Clean Up of Duncan Run - Flying J Travel Plaza initially hired a contractor to clean up Duncan Run; however, DEQ felt that a contractor qualified to do this type of work should be retained. Flying J Travel Plaza ultimately hired a contractor that was acceptable to DEQ; however, this delayed the clean up effort thus preventing Flying J Travel Plaza from meeting the deadline for this mandate. Effluent Violations - The Flying J Travel Plaza private package plant system exceeded the nitrogen loading (TKN) maximums set by DEQ in September, October, and November 1999. Flying J Travel Plaza has not been in violation of this loading requirement since December 1999. Violation of Construction in Duncan Run - Flying J Travel Plaza failed to obtain the necessary permits to allow work in Duncan Run. Flying J Travel Plaza has obtained the necessary approvals and Virginia Water Protection Permit permits at this time. 107 North Kent Street • Winchester, Virginia 22601-5000 n LJ n LJ Page -2- Flying J - BOS Memo June 13, 2000 Consent Special Older Issues That have Been Resolved (Continued) Water Quality Standards - Flying J Travel Plaza had a discharge of grease particles and sewage particles in November 1999. Flying J Travel Plaza has not been in violation of water quality standards discharge since December 1999. Outstanding Consent Special Order Issues Ground Water Monitoring - DEQ will require Flying J Travel Plaza to modify their permit to require ground water monitoring twice a week for the next six months during peak traffic volumes. DEQ will then determine if the private package treatment plant discharge frequency needs to be adjusted. Phase II Plan for Facility Upgrad - DEQ will require Flying J Travel Plaza to submit a plan and specifications for upgrades to the private package treatment plant to meet effluent requirements. This plan includes specifications for filtration; flow equalization; surge; catch basins; as well as a plan for operations; reporting; and mitigation of impacts to Duncan Run. I hope this information is beneficial. You may contact Mr. Hetrick at (540) 574-7800 if you have specific questions regarding the Consent Special Order or questions regarding this summary of issues. cc: John R. Riley, Jr., County Administrator Kris C. Tierney, Planning Director Joan Kibler, Clearbrook Citizens for Safety U T-van\Common\OTIIER\plyingJTravcl Plaz ConscnlSpccialOrdcr.I30SAIcmo wpd COMMONWEALTH of VIRCjINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Valley Regional Office James S. Gilmore, III Governor Street address: 441 1 Early Road, Harrisonburg, Virginia 22301 Mailing address: P.O. Box 3000, Harrisonburg, VA 22801-3000 Telephone (540) 574-7800 Fax (540) 574-7878 John Paul Woodley, Jr. http:Hw%vw.dcq.state.va.us Secretary of Natural Resources Nfay 24, 2000 Mr. John R. Riley, Jr. Frederick County Administrator 107 N. Kent St. Winchester, Virginia 22601 Dear Mr. Riley: RE: 'Notification of a Proposed State Water Control Board Enforcement Action, Flying J, Inc. •C'y`•i =2 n1�G� Dennis Ft. Treacy Director R. Bradley Chewning, P.E. Valley Regional Director A recent amendment to the Code of Virginia requires us to provide localities with individual notice of any proposed enforcement action taken by the State Water Control Board. Pursuant to this new law, Va. Code § 62.1-44.15:4(E), I"have enclosed_a copy_of the public_ notice fora proposed.Consent-Special=Order being issued -to Flying_1 Int. fonts se��age treatmenrplanrin Frederick__County". The notice summarizes the name of the alleged violator; the facts of the alleged violation; and the name of a contact person at the Department of Environmental Quality who is knowledgeable about the facts of the alleged violation. The notice is being mailed today to the Winchester Star and to the Virginia Register. The public comment period will run for 30 days from publication of the public notice. Under the State Water Control Law, any person who violates any provision of the law or regulations may be held liable for civil penalties of up to S25,000 for each violation. The State Water Control Board is authorized to pursue either administrative or legal remedies, including injunctive relief, to abate violations of the law and regulations. If you have any questions about the proposed Order, please contact me at (540) 574-7500. C ov'l -�o Sincere p, Steve Hetric Compliance/Enforcement Specialist Sr. RCS _WHS_M RMS,,..,,,SAR _MB13 l?A I'L: -S I L CX� O►tIGWAL: FILL 9l01S -wa,1(/ • t- --�- �' ID � Oo C �• P. rho- .. PUBLIC NOTICE STATE WATER CONTROL IIOA.RA ENFORCEMENT ACTION PROPOSED CONSENT SPECIAL, ORDER FLYING J, INC, The Statc=WAtcr-Control=Board_proposal-to=cnicr-into=rCottacnt_Special-Ordor_wich Fly)ng�;1rte: to.resolYe`viohtions of=tha State=WaterCantro� I�aw-attd=regulat7ons at_thu Fl7ing J.=lttc,,'.-aeWaBe_atmenc-ltuit-in-FrodorleY_CouAtya'The'taeiiity dischar9os -- treated wastewater to Duncan Run, in the Shuiandoah River subbasin, Potornu River basin. _,:,...:....,..T - �n!✓Q=hus crniduttccl-inspCettone=at 1pciuty=that �fiowcd_drat_D�1nc4n Run-Rirpeueri-to-bc� icnpactcd=by=Flying=J's.dtscharge=fn-v;ol�ation o(thc fio�id-'s=W$tc�=Quality S�xridaTd' rcgtttationa. Tha=facility-has_also_czcccdcd=thc=cffiucnt=liflutatsonr- for-TICK-3In`addition, Flying- 1=conducted-unuutJtorized=construction-within-Auncan :Rut►=wad=failed=to-enbmir $ Jo, int=Petmii 1lpplicagon to=the=Vi-gini-a Marine=R-esoUr*m-.Commission=for-work -o .. Tha Order also at6wses a civil. chulrFp for I _—J rho viotation9. Tho--proposedZonccnt=Specia Qr-tier=rott-loti=the_otttetindtng_Notions=of Viv)eh-on=and i�corporatea=n=Aaizeilulc=of� . . uontplianco=to=upsrade=theT iliiy' �o most=final=cfflia`ettt-Jimi=lotions nQ=1'o-addrY�s irnpacta=due=fo-fhc=trapermiticd=iuitrcom-construciio}t . The Board will roceive written commont9 relating to the. proposed Consent Special Order for (hiny (30) days from the due of publication of this no(ica, Commenrs should be addreieed to Stevca W. Retrick, Deputifient of Environmental Quality, Po9t Office Aox .3000, ilarrisonbury, Virginia 22801. and should reftrto tho Consent Spscbii Order. The proposed Order may be oxAmined at the Dcpartmcnt of Environrricatal Quality, Valley Rcgitwal Offico, 4411 Early Road, Harrisonburg, Virginia 22801. A copy of the Order may be obtained in person or by triall from this offico. COUNTY of )E RE>DER;ICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: John R. Riley, Jr., County Administrator FROM: Evan A. Wyatt, Deputy Planning Director 'J RE: Flying J Truck Center Compliance Status DATE: October 15, 1999 I had an opportunity to speak with Elizabeth V. Scott, Esq., Senior Environmental Specialist, of the Department of Environmental Quality (DEQ) this morning to determine the status of Flying J Truck Center's compliance with the issues raised during the July 28, 1999 meeting at the County Administration Building. Ms. Scott advised me that the Flying J Truck Center has completed the work necessary to implement the process changes to the treatment plant, have made modifications to the grease trap which was not functioning properly, and have installed a second refrigerated grease trap as a safeguard. Furthermore, the Flying J Truck Center has made application for a new discharge permit which is envisioned to be issued by DEQ on October 27, 1999. Once this permit is issued, the Flying J Truck Center will submit a design plan to DEQ for the development of an on -site catch basin which would provide an additional safeguard should there be a future failure of this system. Finally, Ms. Scott advised me that the Flying J Truck Center has been in compliance with DEQ requirements over the past several months and that there has been no indication of additional failures of their treatment plant system. Please advise me if I may be of further assistance regarding this issue. cc: Board of Supervisors Kris C. Tierney, Planning Director U \Evan\Common\OTHERknyingFrruckCcntcr-DrQContpliancc.JRRhtcmo.%vpd 107 North Kent Street • Winchester, Virginia 22601-5000 Clearbrook Citizens For Safety P.O. Box 157 Clear Brook, VA 22624 October 12, 1999 Virginia Department of Environmental Quality P.O. Box 1129 Harrisonburg, VA 22801 Attn: Beverley W. Carver Ref: Permit No.: VA0089214 Permittee: Flying J, Inc. Dear Ms. Carver: This letter is to formally request a public hearing concerning the referenced permit. We also request that a member of the Citizens Board be present at the hearing. Considering the problems that have arisen over the past two years at the Flying J, we believe that it would be in the best interest of the community, the County of Frederick and the Department of Environmental Quality to allow the people to express their concerns. Some of the problems that have arisen are private wells that now test positive for fecal coliform and the appearance of burying waste solids during the environmental cleanup. The public notice placed in "The Winchester Star" states the limitations of the permit as far as quality and quantity of discharge from the waste treatment system, but does not address the monitoring wells required in the permit. As the people of the area are concerned over the past upsets and -subsequent solids discharges, a public hearing, where the citizens of the community that must live with your decision can voice their concerns and also have the revised permit requirements fully explained, would benefit all parties involved. The undersigned may be reached in writing at the address above or by phone during the daN at (540) 6654025. Copy furnished: File Board of Supervisors, Frederick County Mr. John Riley, County Administrator Annette Jones, Winchester Star Charlotte Eller, Northern Virginia Daily Steve Edwards, WINC S' c rely, Thomas W. Stephenson RECEIVE© OCT 1 9 1999 DEPT. OF PLANNING;DEVELOPMENT 04 ir Clearbrook Citizens for Safety P.O. Box 157 Clearbrook, Virginia 22624 October 12, 1999 Mr. John R. Riley County Administrator 107 North Kent Street Winchester, VA 22601-5000 Dear Mr. Riley: This letter is in regard to a memorandum that you sent to the Board of Supervisors members concerning a communication from Robert L. Paullin, Flying J General Manager. In his memorandum of September 23, Mr. Paullin outlined several actions taken by Flying J to enhance traffic flow and to appease the local citizens. It is our understanding from Mr. Charles Orndoff that you are interested in feedback from the Clearbrook Citizens for Safety. Flying J has taken steps to ease the traffic flow in and out of its establishment. Elimination of the 11 front parking spaces has helped significantly in easing the traffic congestion over the bridge. We are pleased with this initial step. As of the writing of this letter, we have not noticed the planting of the Leyland Cypress trees. However, some traffic problems remain. In our meeting of September 14, our strongest recommendation was that Flying J hire a security force. Security personnel could be use to monitor illegal or inappropriate activities, such as improper parking or other problems experienced at the facility (they indicated to us that they have a problem with gasoline theft), and the security force could be used to direct traffic flow in cases of extreme weather. Additionally, we believe that this security force could alleviate some calls to our sheriff's department for monitoring certain traffic situations at Flying J. We also spoke with Flying J representatives about their environmental problems and the impact on local residents. We have had water studies conducted on five wells surrounding the Flying J facility. The environmental problems need to continue to be closely monitored. Though Department of Environmental Quality officials have stated publicly that Flying J has complied with the consent order, it has taken a significant amount of effort and pressure to get the company to this point. Strict monitoring needs to be continued and reported until we are all assured that Flying J is acting in good faith and in full compliance with the requirements of their sewage discharge permit. Under no circumstances should any resident of this county or this state have to contend with the environmental problems we have had to suffer through, especially this last summer. We appreciate the opportunity to comment on Flying J's memorandum on the proposed traffic solutions. Sincerely, LjoZ� nibler Copy furnished: All Board Members - Mr. Longerbeam, Mr. Shickle, Mr. Sager, Ms. Douglas, Mr. Orndoff, Mr. Smith IAr. Wyatt, Frederick County Planning Department Mr. Jerry Copp, Virginia Department of Transportation Ms. Elizabeth Scott, Department of Environmental Quality Senator H. Russell Potts Jr. Delegate Beverly Sherwood RECEIVED OCT 1 g 1999 DEPT, OF PLA%%;,";u, DEVELOPMENT 09/24/99 02:02 FAX , 0 �� Sp A OZ('-IG Q02 September 23, 1999 To: John R. Riley, Jr. County Administrator County of Frederick RE: Proposed Traffic Solutions for Flying J In an effort to enhance traffic flow and appease local citizens Flying J has done the following: Eliminated eleven front parking spaces. Installed 30 Jersey walls in order to isolate an inbound and outbound lane. Erected 12 no parking signs along the inside and outside lanes surrounding jersey walls. Met with the concerned citizens of Clearbrook on September 14 so that they might express additional concerns that they had. We are in the process of planting Leyland Cypress along the westbound border of our parking lot in order to enhance appearance and act as a sound buffer. (this was a recommendation of one of the citizens) After discussion with our corporate office an additional exit is not in our present plans. The bridge proposal funding has been turned over to our corporate office, but initial response is not of a positive nature. If I can be of further assistance please feel free to give me a call. Thanks. Robert L. Paullin Jr. Flying J General Manager I, , Is 4 OZC,-9(o COMMONWEALTH of VIRQ11NIA DEPARTiVIEN.T OFENVIRO/VNIENT,1 L QUALITY Valley Regional Office James S. Gilmore, III Governor Sneer nddress: 441 I Early Road, Harrisonburg, Virginia 22501 iWai(ing address: P.O. Box 1129, Harrisonburg, VA 22801-1129 Telephone (540) 574-7800 Fax (540) 574-7875 John Paul woodley, Jr. http://www.(Ieq.state.va.us Secretary of Natural Resources September 9, 1999 Mr. John R. Riley, Jr. County Administrator Frederick County 107 N. Kent Street Winchester, Virginia 22601 Dennis H. Treacy Director R. Bradley Chewning, P.E. Valley Regional Director SAP ?M- Ad, :.a,,: ; clt: a �J 3ZCCD1�, Re: Revocation and Reissuance of VPDES Permit No. VA0089214, Flying J Travel Plaza, Clear Brook, Virginia Dear Mr. Riley: In accordance with the Code of Virginia, Section 62.1-44.15:01, I am enclosing a copy of a public notice regarding the referenced proposed permit action. If you have any questions regarding this proposed permit, please give me a call at (540)574-7805. Sincerely, Beverley W. Carver Environmental Engineer Senior Enclosure �� ®cc: Permit Processing FileRECE10�E S E P 14 1999 DATE: ORIGINAL FILE—� KYI �,` DEPT.OF PLANNINGJDEVELOPMENT � �` • PUBLIC NOTICE 0 REISSUANCE OF A VPDES PERMIT TO DISCHARGE TO STATE WATERS AND STATE CERTIFICATION UNDER THE STATE WATER CONTROL LAW First Public Notice Issue Date: (to be supplied by newspaper) The State Water Control Board has under consideration the reissuance of the following Permit and State Certificate: Permit No.: VA0089214 Name of Permittee: Flying J, Inc. Facility Name: Flying J Travel Plaza Facility Location: 1530 Rest Church Road, Clear Brook, Virginia Permittee Address: 1011 North Mountain Street, Blacksburg, SC 29702 Discharge Description: Existing Municipal Discharge; Discharge Flow: Outfall 001 - 0.022 MGD; Outfall 002 (stormwater dependent); 2 Outfalls. Receiving Stream: Duncan Run (001), Duncan Run, U.T. (002); Stream Mile: 001 (3.12), 002 (0.10) Basin: Potomac River; Subbasin: Potomac River; Section: 11; Class: IV; Special Standards: pH This proposed permit action is tentative and consists of reissuance of an existing permit authorizing the discharge of treated sewage wastewater (Outfall 001) and treated industrial wastewater from an oil water separator (Outfall 002). On the basis of preliminary review and application of lawful standards and regulations, the State Water Control Board proposes to reissue the permit subject to certain conditions. This permit includes limits and other requirements for 0.022, 0.030 and 0.035 MGD design flows (Outfall 001). The following parameters are limited: Outfall 001: pH 6.5 min, 9.5 max; BOD5 15 mg/1 max; Suspended Solids 45 mg/1 max; TKN 4.5 mg/1 max.; Ammonia-N, 1.5 mg/l max.; Total Residual Chlorine 0.01 mg/l max; Dissolved Oxygen 6.0 mg/l min; Outfall 002: TPH 30 mg/l Avg.; pH 6.5 min, 9.5 max. This permit will maintain the Water Quality Standards adopted by the Board. Sludge is pumped and hauled to the Opequon Water Reclamation Facility for treatment. This permit is being reissued for a full five-year term and will supersede the previous VPDES Permit No. VA0089214. Persons may comment in writing to the DEQ on the proposed permit action within 30 days from the date of the first notice. Only those comments received within this period will be considered. Address comments to the contact person listed below. Comments shall include the name, address, and telephone number of the writer, and shall contain a complete, concise statement of the factual basis for comments. Requests for a public hearing shall state the reason why a hearing is requested, the nature of the issues proposed to be raised in the public hearing, and a brief explanation of how the requester's interests would be directly and adversely affected by the proposed permit action. The Director of the DEQ may decide to hold a public hearing if public response is significant. All pertinent information is on file and may be inspected or copied by contacting Beverley W. Carver at Virginia Department of Environmental Quality, Valley Regional Office, P.O. Box 1129, 4411 Early Road, Harrisonburg, VA 22801-1129, Telephone No. (540) 574-7805. Following the comment period, the Board will make a determination regarding the proposed action. This determination will become effective, unless the Director grants a public hearing. Due notice of any public hearing will be given. COMMONWEALTH of VIRGINIA DEP.4 R Th1E.N'T Of - E,N' I 'I R ONMENT.4 L QUALITY Valley Regional Office James S. Gilmore, III Governor S'rrcer address. 4411 Early Road, Harrisonburg. Virginia 22801 Mailing address P.O. Box 1129, Harrisonburg, VA 22801-1129 Telephone (540) 574-7800 Fax (540) 574-7878 John Paul Woodlev.Jr. http:'nvww.dey.state. va.us Secretary of Natural Resources June 22, 1999 Mr. Dale Clift Flying J Travel Plaza 1011 North Mountain Street Blacksburg, South Carolina 29702 Re: Consent Special Order Dear Mr. Clift: Dennis H. Treacy Director R. Bradley Chewning, P.E. Valley Regional Director On June 15, 1999, the State Water Control Board approved the attached Consent Special Order and authorized the Director of the Department of Environmental Quality to sign it, provided that no adverse comment was received as a result of public notice. Notice was published in both the Winchester Star and the Virginia Register, and no adverse comment was received during the 30-day public notice period. The Director's designee signed the Consent Special Order on June 21, 1999. An original copy of the signed Order is enclosed. The Consent Order, on page 3, requires payment of the civil charge within 30 days of the effective date of the Order. Please remit a check for $5,000, payable to the Treasurer of Virginia to our Office of Financial Management at Post Office Box 10150, Richmond, Virginia 23240, If you have any questions or comments regarding this Order, please contact me at the above address or by telephone at (540) 574-7806. Thank you for your assistance in resolving this matter. Sincerely, Eliz th V. Scott, Esq. Senior Enforcement Specialist • enclosure cc: Rob Paullin, Flying J ,.Kris Tierney, Frederick County B. Carver, DEQ-VRO/Compliance File B. Wion, DEQ-VRO V. Rourke, DEQ-VRO W. Maddox, DEQ-VRO A. T. Clarke, DEQ-OE/Master File DEQ, Office of Financial Management �ctY•YJa —.��� J' lhlli �ii� COMMONWEALTH of VIRCjINIA DEPARTMENT OF ENVIRONMENTAL QUALITY STATE WATER CONTROL BOARD ENFORCEMENT ACTION A SPECIAL ORDER ISSUED TO FLYING J, INC. SECTION A: Purpose This is a Consent Special Order issued under the authority of Va. Code §§ 10.1-1185, 62.1-44.15(8a) and (8d), between the State Water Control Board and Flying J, Inc., for the purpose of resolving certain violations of the State Water Control Law and the State Water Control Board Regulations. SECTION B: Definitions: Unless the context clearly indicates otherwise, the following words and terms have the meaning assigned to them below: "Va. Code" means the Code of Virginia (1950), as amended. 2. "Board" means the State Water Control Board, a permanent citizen's board of the Commonwealth of Virginia and described in Va. Code §§ 10.1-1184 and 62.1- 44.7. "Department" or "DEQ" means the Department of Environmental Quality, an agency of the Commonwealth of Virginia as described in Va. Code §§ 10.1-1183. 4. "Director" means the Director of the Department of Environmental Quality. "Order" means this document, also known as a Consent Special Order. 6. "Flying T' means Flying J, Inc., a Utah Corporation certified to do business in Virginia and its affiliates, partners, subsidiaries, and parents. "Facility" means the Flying J Travel Plaza located in Clear Brook, Virginia. "VRO" means the Valley Regional Office of DEQ, located in Harrisonburg, Virginia. 9. "The Permit" means VPDES Permit No. VA0089214, which became effective April 2, 1996, and expires April 2, 2001. Permit limits include flow, pH, biochemical oxygen demand ["BODS"], total Kjeldahl nitrogen ["TKN"], chlorine, and dissolved oxygen ["DO"]. 10. "O&M" means operations and maintenance. SECTION C: Finding of Facts and Conclusions of Law Flying J owns and operates a truck stop in the Town of Clear Brook in Frederick County, Virginia. This facility is the subject of VPDES Permit No. VA0089214, which allows the discharge of treated effluent to Duncan Run, in the Potomac River basin. 2. Since the facility opened in November of 1997, DEQ has noted numerous apparent violations of the State Water Control law and regulations. These problems, noted in a Notice of Violation issued by DEQ October 21, 1998, include: - a deficient O&M Manual. -exceeding permit limits November 1997 to August 1998 for BOD5, TKN, Chlorine, and DO. -exceeding 95% of the flow capacity of the plant for 3 months (November 1997 to January 1998), and not submitting the plan of action required by the Permit. -improper reporting of Chlorine parameters, maximum flow, no letters of explanation for violations; improper signature. -unpermitted discharge from oil -water separator. -original VPDES application not representative of facility (didn't include 2 of 3 restaurants, wastewater from RV unloading, water treatment/softening backwash). -sludge blanket in Duncan Run from 3 reported solids losses. Flying J has corrected many of the problems cited in the Notice of Violation. A Sludge Management Plan was received by DEQ on December 2, 1998. Flying J has corrected the chlorine reporting problem, provided a letter clarifying authorized signatures, and submitted an adequate 95% flow explanation and the F) requested revisions to the O&M Manual. DEQ has approved the O&M Manual as revised. 4. Flying J is working with our permit staff to submit a complete application covering all sources of wastewater at the facility. A complete application was submitted on January 15, 1999, and amended on April 5, 1999, to request a higher flow tier. The permit reissuance is being processed by DEQ staff. Flying J has submitted a plan to remove the solids from Duncan Run. DEQ staff have approved the plan, which Flying J will implement as soon as weather permits. 6. DEQ has requested a plan to address ongoing permit violations. This plan must include a more detailed analysis of the facility design and operations to prevent future solids losses, focusing on solutions to the grease trap problem, problems with the plant's tertiary filter, the sizing of the aeration tank and clarifier and whether the units can handle backwash from the tertiary filters. SECTION D: Agreement and Order Accordingly the State Water Control Board, by virtue of the authority granted by Va. Code § 62.1-44.15(8a) and (8d), orders Flying J, and Flying J agrees, to perform the actions described in Appendix A of this Order. In addition, the Board orders Flying J, and Flying J voluntarily agrees, without admitting any liability, to pay a civil charge of $5,000 in settlement of the violations cited in this Order. Payment shall be made by check payable to the Treasurer of Virginia, delivered to the Department of Environmental Quality, Office of Financial Management, Post Office Box 10150, Richmond, VA 23240, within 30 days of the effective date of this Order. SECTION E: Administrative Provisions The Board may modify, rewrite, or amend the Order with the consent of Flying J, for good cause shown by Flying J, or on its own motion after notice and opportunity to be heard. 2. This Order only addresses and resolves those violations specifically identified herein, including those matters addressed in the Notice of Violation issued to Flying J by DEQ on October 21, 1998. This Order shall not preclude the Board or the Director from taking any action authorized by law, including but not limited to: (1) taking any action authorized by law regarding any additional, subsequent, or subsequently discovered violations; (2) seeking subsequent remediation of the facility as may be authorized by law; or (3) taking subsequent action to enforce the Order. This Order shall not preclude appropriate enforcement actions by other • 0 federal, state, or local regulatory authorities for matters not addressed herein. This Order is made by agreement and with the consent of the parties, and does not constitute a finding, adjudication, or admission of violation of any federal, state, or local law, rule, or regulation, or any allegations contained herein. 4. Flying J consents to venue in the Circuit Court of the City of Richmond for any civil action taken to enforce the terms of this Order. 5. Flying J declares it has received fair and due process under the Administrative Process Act, Va. Code §§ 9-6.14:1 et seq . , and the State Water Control Law and it waives the right to any hearing or other administrative proceeding authorized or required by law or regulation, and to any judicial review of any issue of fact or law contained herein. Nothing herein shall be construed as a waiver of the right to any administrative proceeding for, or to judicial review of, any action taken by the Board to enforce this Order. 6. Failure by Flying J to comply with any of the terms of this Order shall constitute a violation of an order of the Board. Nothing herein shall waive the initiation of appropriate enforcement actions or the issuance of additional orders as appropriate by the Board or the Director as a result of such violations. Nothing herein shall affect appropriate enforcement actions by any other federal, state, or local regulatory authority. 7. If any provision of this Order is found to be unenforceable for any reason, the remainder of the Order shall remain in full force and effect. Flying J shall be responsible for failure to comply with any of the terms and conditions by this Order unless compliance is made impossible by earthquake, flood, other act of God, war, strike, or such other occurrence. Flying J shall show that such circumstances were beyond its control and not due to a lack of good faith or diligence on its part. Flying J shall notify the DEQ Director of VRO in writing when circumstances are anticipated to occur, are occurring, or have occurred that may delay compliance or cause noncompliance with any requirement of the Order. Such notice shall set forth: a. the reasons for the delay or noncompliance; b. the projected duration of any such delay or noncompliance; C. the measures taken and to be taken to prevent or minimize such delay or noncompliance; and .19 • • d. the timetable by which such measures will be implemented and the date full compliance will be achieved. Failure to so notify the Director of VRO within 24 hours of learning of any condition above, which the parties intend to assert will result in the impossibility of compliance, shall constitute a waiver of any claim to inability to comply with a requirement of this Order. 9. This Order is binding on the parties hereto, their successors in interest, designees and assigns, jointly and severally. 10. This Order shall become effective upon execution by both the Director or his designee and Flying J. Notwithstanding the foregoing, Flying J agrees to be bound by any compliance date which precedes the effective date of this Order. 11. This Order shall continue in effect until the Director or Board terminate the Order in his or its sole discretion upon 30 days' written notice to Flying J. Termination of this Order, or any obligation imposed in this Order, shall not operate to relieve Flying J from its obligation to comply with any statute, regulation, permit condition, other order, certificate, certification, standard, or requirement otherwise applicable. 12. By its signature below, Flying J voluntarily agrees to the issuance of this Order. And it is so ORDERED this day of Z/ , 1999. STATE WATER CONTROL BOARD ennis H. T ea , Director Department of"Environmenta uality 5 11 0 Flying J, Inc., voluntarily agrees to the issuance of this Order. By: J Date: Commonwealth of Virginia City/County of The foregoing document was signed and acknowledged before me this / I day of AprT 1 1999, by Bia rr>! G . Ru rank , who is (name) �► L+ e Vf den of Flying J, Inc., on behalf of the Corporation. (title) Notary Public My commission expires : /a . 4. aOoy NOTARY PUBLIC DANELLE MUELLER 275 W 1750 So No. 8 K }2� Brigham City, Utah 84302 My Commission Expires �Y. ier0 December 4, 2000 STATF, OF UTAH 0 APPENDIX A Flying J agrees to implement the following actions to abate violations of State law and regulations at its Clear Brook facility: 1. Complete the clean up of Duncan Run as soon as weather and ground conditions permit, but no later than July 1, 1999, in accordance with the proposal to remove sludge from Duncan Run submitted by Flying J on December 15, 1998, and approved by DEQ on December 18, 1998. 2. Complete an analysis by April 30, 1999, of the facility's design and operations to determine what corrective measures are necessary to prevent future solids losses. This analysis should include scrutiny of design and performance problems with regard to the grease trap, the plant's tertiary filter, and the sizing of the aeration tank and clarifier and whether these units can handle backwash from the tertiary filters. The analysis should also include a plan and schedule of corrective actions which Flying J will take to resolve the solids loss problems. Address any comments by DEQ regarding the proposed plan and schedule within 30 days of receipt of the comment. Upon approval of DEQ, this schedule shall be incorporated by reference into this Order. 3. Submit to DEQ's Valley Regional Office a quarterly report all actions taken to comply with this Order. The first report shall be due July 10, 1999. Subsequent reports shall be submitted quarterly by the tenth of October, January, April, and July until all corrective action has been completed and the facility has resolved its solids loss problems, or DEQ notifies Flying J that such reports are no longer required. The reports shall include: a. All actions taken since the previous report in compliance with this Order; b. Actions to be taken during the next quarter; C. Any anticipated problems with meeting future compliance deadlines. 7 • RECEIVED JUN 2 3 1999 DEPT, OF PLANNINGIDEVELOPMENT it COMMONWEALTH of tair. r - ,, DEPARTMENT OF ENVIRONMENTAL QUALITY Ov 6 %% ,C Valley Regional Office James S. Gilmore. III GovernorSrreet address: 441 I Early Road, Harrisonburg, Virginia 22301 t4ailing address: P.O. Box 1129, Harrisonburg, VA 22801-1129 Telephone (540) 574-7800 Fax (540) 574-7878 John Paul Woodlcy, Jr. hup://%vwvw.duq.state.va.us Secretary of Natural Resources February 26, 1999 Mr. John R. Riley, Jr. County Administrator Frederick County 107 N. Kent Street Winchester, Virginia 22601 Dennis H. Treacy Director R. Bradley Chewning, P.E. Valley Regional Director Re: Revocation and Reissuance of VPDES Permit No. VA0089214 - Flying J Travel Plaza, Clear Brook, Virginia Dear Mr. Riley: This is to inform you that the Department of Environmental Quality has received an application for a Virginia Pollutant Discharge Elimination System (VPDES) permit from Flying J, Inc. The applicant proposes to discharge treated wastewater from a sewage treatment plant and an oil water separator located at Clear Brook, Virginia (see enclosed map). The Department will review the application and may draft a permit for this discharge. If the Department drafts a permit, a notice will appear in the Winchester Star announcing our intention to issue the permit and inviting public comment on its content. This public comment period will run for 30 days from the date the notice first appears in the newspaper. In the meantime, the public is welcome to review the permit application at our office during normal business hours. Please feel free to contact this office if you have any questions about this notification. Sincerely, Beverley W. Carver Environmental Engineer Senior cc: Permit Processing File C(, `, -0 KV,-1 ; -) G) n-Ca- + � Gt 3� �(-.t\. -s 11`, (A" 3 1 % I q 9 0• C ' l � ';;��1�f '1 I � l,�'1 1 �i �• ►-Ll cJ! ., l t �i•'/') � i 1, � j, % I �o V ,./ f / i ...1. ' 1yi S J, � ` `� I ,• ,� ,r � ' I ��� ' • rrul�.l Plu 7. Ridgeway ,t o rl 0 S ,, ►, �„ 9a� ,• , 1 �1 ;. ..�' .� 'vl �J11 b.l � 1 1 1 ♦ ,,—• % '. � J'� s� �O � ' .� �, J',l� 1 , tit, 1 r ?Ohc� , ♦ 1 DurV , i TERCr► E 6 P Ne 1 (.,� �I. O-IU I Rest ch..A ' 1 ►1 1.. i ' t Icn. • i I 1 �1 . ( -I • ••„�� ,l� � ' � , n e �i 1 I '� 1 .` 1 1 / 61 100 .� .� 1` I A i :I-,, �./ �'' .i%'� fR1.,!3 iN,Q �`� / P , ro�co;' foil, ' • ',' ',�`' 1 �Q Z j p v IJ S�Nter� sdP l� �.�, �'.,��► t / I l ` 1 �� ♦ , It sulEt>ettiQ �T' -�� •�'� �C 1'' l� 11 po i Hill n 1 1 I '� 1 1 J i 1 I �• ,, _ o i ` \ i, '• 1 �' � /� (, I ' •. 14 1 •,�Sub�411o0' � �•- � `\ / (( 1 � BI a / s, �� �-�—� � I• j � ,� � �1 �-�•� o M �:2 I I SCA E e1:24 000 low 0 low voo amIlm ♦gyp I 1 Lk • S (0 J , ) J j �, CONTOUR INTERVAL 10 FEET �� J , �•� _ ()ATUM IS MLAN SEA LEVEL Or , for • ' l ' ' '� ' %I ') ,i` 11 ' t,1t11 %INTER& NGE3 ) 1 J ` 1,, � �' !.`• 'I' � ' AV •: cp ,���ty L COMMONvvEA TH of VIRGINIA Depariment of Health P O BOX 2448 RICHMOND, VA 23218 SUBJECT: Frederick County Water — Flying ) Travel Plaza OCT 0e-10 Mr. ). Phillip Adams, President Flying ), Inc. 50 West 990 South Brigham City, Utah 84302 Dear Mr. Adams: if�t1 TDD 1-800-828-1120 Design data and manufacturer's schematics for expansion of the water treatment facilities serving the Flying ) Travel Plaza, located in Frederick County, Virginia, as prepared by Bushman Engineering, P.C., Toms Brook, Virginia, have been reviewed by this Division. The design data and manufacturer's schematics include 12 sheets titled "Flying J Water System — Upgrade, Design Data" and bearing received dates of 4 June 1998 and 27 August 1998. In accordance with the Commonwealth of Virginia Waterworks Regulations, 12 VAC 5-590-220, this letter is to advise that, subsequent to our review, the above described design data and manufacturer's schematics are technically adequate and approved by this Division. One copy each of the design data and manufacturer's schematics has been stamped approved and is being forwarded to you under separate cover. Since construction of this project preceded the formal approval process, a construction permit will not be issued. However, a waterworks operation permit is required. In accordance with Part I, Article 3, 12 VAC 5-590-290, Procedures for Issuance of Special Permits for New or Unconventional Methods, Processes and Equipment, enclosed you will find Amended Provisional Waterworks Operation Permit No. 2069230 with an effective date of 21 September 1998 and an expiration date of 23 May 1999. This permit is your authorization from the State Health Commissioner to operate the public waterworks in accordance with Part II of the Regulations, establishes the system design capacity as 79,200 gallons per day, and requires submission of a written report evaluating treatment plant performance and compliance with the Surface Water Treatment Rule criteria. Please understand that in the future any changes or additions to the water system must be approved by this Division Prior to any construction. If we can be of additional assistance, please contact Harold T. Eberly in our Lexington Environmental Engineering Feld Office at 540/463-7136. Sincerely, Allen I';. Allen R. Hammer, P.E. Director Division of Water Supply Engineering cc Bushman Engineering, P.C. — Attn: David L. Bushman Frederick County Health Department County of Frederick - Attn: John Riley v Flying ) Travel Plaza — Attn: Rich Taute Inboden Environmental Services — Attn: Terry Inboden VDH - Lexington Field Office/98091003.doc V/D"Of VIRGINIA DEPART EALTHnT P-1wh,9 1'w -d V— l m nrnnwvJ 1LA Department of Health P O BOX 2448 RICHMOND, VA 23218 TDD 1-800-828-1120 VARIANCE Permit No. 2069230 This Variance is issued in accordance with Part I, Article 3, 12 VAC 5-590-140 of the Waterworks Regulations of the Virginia Department of Health. This Variance is to Part II, Article 3 of the Waterworks Regulations. This Variance is issued with the following conditions; 1. By 24 November 1998, Flying 3, Incorporated must establish or cause to be established and have in operation a cross -connection and backflow prevention control program consistent with the extent of the system and the type of consumer served by the corporation's Clearbrook travel plaza. 2. This Variance is nontransferable and must be attached to Permit No. 2069230. This Variance is a condition of Permit No, 2069230 and is revoked when Permit No, 2069230 is revoked. Recommended irector Division of Water Su ly Engineering Recommended C irector, Office of ater Programs Approved G Acting State Health Commissioner RGINIA VDH1OF LALTHNT pam-cling You ito Yrw! [two —w • ,_,ram, • CO M MONWEALTH of VIRGIN IA Department of Health P O BOX 2448 RICHMOND, VA 23218 TDD 1-800-82&-1120 FLYING 3, INCORPORATED Waterworks Operation Permit No. 2069230 Special Conditions 1. Flying 3, Incorporated shall implement a monitoring program for the corporation's Clearbrook water treatment plant to demonstrate plant performance and compliance with Surface Water Treatment Rule criteria. The monitoring program shall include the following parameters, sampling locations, and sampling frequencies in addition to any required operational monitoring: PARAMETER SAMPLING LOCATION SAMPLING FREQUENCY Flow Raw Water Daily Finished Water Temperature Raw Water Daily pH Raw Water Daily Finished Water Hardness Raw Water Daily Finished Water Particle Count Raw Water Continuous (3-5 micron) Finished Water Particle Count Raw Water Continuous (5-15 micron) Finished Water Turbidity Raw Water Daily Finished Water Transmembrane Filter, Each Daily Pressure Chlorine Residual Entry Point Daily Integrity Test Filter, Each Daily Plant Service Hours Daily 'Raw water refers to downstream side of pre -filter, **Finished water refers to filtrate. 2. The monitoring program shall continue for a period of 12 consecutive months, beginning with the effective date (24 November 1997) of the original permit. 3. Upon completion of this monitoring program, a final written report shall be submitted to this Department. This report shall be prepared under the supervision of a Virginia licensed professional engineer and shall include all monitoring, observations, and any related factors influencing treatment plant performance, and conclusions and recommendations. This report shall be submitted to the Department within 30 days following the end of the monitoring period. 4. Flying 3, Incorporated shall submit an operation and maintenance manual for the water treatment plant not later than 12 months from the effective date (24 November 1997) of the original permit. RGINIA VDHODf F E LTHNT Nohl ling Ytw jixl Yiw, , f m w—rxvd COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH DIVISION OF WATER SUPPLY ENGINEERING WATERWORKS OPERATION PERMIT Flying J, Incorporated Is Hereby Granted Permission To Operate a nontransient noncommunity Waterworks Having a Design Capacity of _ 79,200 gallons per day at the Flying J Travel Plaza Located In Frederick County In Accordance With the Provisions of • Title 32.1, Chapter 6, Article 2, Sections 32.1 - 172 and 173, Code of Virginia, as Amended, and 12 VAC 5-590-290E of the Waterworks Regulations of the Virginia Department of Health, As Amended. This Permit Is Issued In Accordance With Previously Issued Permits None (see attached Engineering Description Sheet dated 21 September 1998) And With The Understanding That This Owner Will Operate the Waterworks in Accordance with Part II, "Operation Regulations for Waterworks", of the Waterworks Regulations of the Virginia Department of Health and any Variances and/or Exemptions Noted Below. Variances and/or Exemptions Granted ( ) None (X) See Attached Special Conditions Granted () None An Engineering Description Sheet Is Attached Dated 21 September 1998 PERMIT NO. 2069230 EFFECTIVE DATE 21 September 1998 RECOMMENDED RECOMMENDED (X) See Attached Water Sup4 Engineering EXPIRATION DATE 23 May 1999 Qirector, tficeotWater grams APPROVED 6` V t /� �— "(/� ' State Health Commissioner • STATE DEPARTMENT OF HEALTH ENGINEERING DESCRIPTION SHEET DATE: 21 September 1998 INSTALLATION: Flying J Travel Plaza CERTIFIED CLASS: III COUNTY: Frederick TYPE: Nontransient Noncommunity LOCATION: West side of Interstate Route 81 at Exit 323 OWNER: Flying J, Inc. OPERATOR: Flying J, Inc. PERMIT NO.: 2069230 Amended DATE ISSUED: 24 November 1997, 21 September 1998 TYPE OF TREATMENT: Membrane Filtration and Chlorination SOURCE: One drilled well DESIGN BASIS: 79,200 GPD DESCRIPTION OF SYSTEM: The source of supply for this system consists of a drilled well, membrane filtration facilities, chlorination facilities, and combined clearwell/finished water storage tank. The well is located approximately 150 feet southeast of the travel plaza and adjacent to the Interstate Route 81 right-of-way. The well is drilled to a depth of 160 feet, cased to a depth of 104 feet with 8-inch casing and cement grouted to a depth of 100 feet. The extended well casing terminates approximately 12 inches above a 6-foot by 6-foot by 6-inch concrete pad and is provided with a sanitary seal, screened casing vent, drawdown gauge, and pitless adapter. Water is pumped from the well by means of a 5 horsepower, 115 gpm submersible pump to the combined clearwell/finished water storage tank. Reported well yield, based on a 120-hour yield and drawdown test, is 115 gpm. Total water production is metered. Treatment of the well consists of membrane filtration and chlorination . Water pumped from the well passes through a pre -filter basket strainer and is delivered to .500-gallon buffer (break) tank. This tank measures 4 feet in diameter by 5.83 feet high, is equipped with a level indicator, and serves to equalize flow to the membrane filter. From the break tank, water is filtered on a Memcor Model 6M10C membrane filter equipped with six filter modules capable of treating 79,200 gpd. The filter is located in a 14-foot by 18-foot fiberglass building located adjacent to the combined clearwell/finished water storage tank and is equipped with a chemical cleaning system, solenoid valves, and control panel to provide automatic operation. Filter backwash is accomplished using compressed air supplied by a 2 horsepower, 7.5 scfm at 175 psi compressor. Following filtration, a 44 gpd hypochlorinator injects a chlorine solution from a 50-gallon solution crock into the filter effluent line prior to water entering the combined clearwell/finished water storage tank. The chlorination equipment is housed in the treatment building in a 4-foot by 4-foot room with an outward opening door. From the combined clearwell/finished water storage tank, water enters the distribution system where a prefabricated domestic water pressure system, comprising three 55 gpm at 140 feet constant speed pumps and 170-gallon pressure tank, takes suction and maintains system pressure at 60 psi. • • Operational monitoring of the water treatment process includes provisions for pressure (raw, pre- filter differential, transmembrane, finished water), Flow rate (raw, finished), turbidity (raw, finished), particle count (finished), and residual chlorine (entry point). Established alarm conditions include high water levels, high particle count, low entry point chlorine residual, low air pressure while plant shutdown alarm conditions include low entry point chlorine residual, low air pressure, low break tank level, high influent and effluent turbidity, and high particle count. Storage consists of a combined clearwell/finished water storage tank located adjacent to the treatment building. The tank is a circular, steel structure that measures approximately 21.5 feet in diameter and 24.4 feet high, has a capacity of 66,600 gallons at the overflow, and is provided with a 6-inch screened overflow, 4-inch tank drain, 2 feet square shoebox-type access manhole, screened 20-inch mushroom -type roof vent, and 24-inch diameter manway. The design capacity for this system is based on the following data: Source Capacity: Yield Pump Well 115 gpm 115 gpm Source capacity will be limited by well yield to 115 gpm or 0.165 MGD. Treatment Facilities: Booster Pumps: 3 x 55 gpm = 165 gpm Filtration Capacity: 1 x 55 gpm = 55 gpm Treatment facilities will be limited by filter capacity. Storage Capacity: Total Available Total Useable Tank Capacity (See Note 1) 66,600 gal 28,440 gal Storage capacity at 200 gallons per connection = 142 connections Existing: 1 Connection The design capacity of this system will be filter capacity limited; therefore, the capacity for this system will be 79,200 gpd. NOTE 1: Available storage capacity has been adjusted to reflect CT requirements for water treatment facility. Adjustments based on 0.3 baffling factor and minimum entry point chlorine residual of 0.5 mg/L at pH = 7.5 and temperature = 13.50C. HTE/bt COMMONWEALTH of VIRGINIA r DEC 1, 9 > FREDc IC.�:.CC. Q jy, cy \ XAA�j1�G1L�F?{KL�`QCJI2p(�t�li 41;�\Ild`P4K Department of Health ROCKBRIDGE SQUARE SHOPPING CENTER COMMISSIONER Office of Water Pro rams 131 WALKER STREET 9 LEXINGTON, VIRGINIA 24450.2431 Environmental Engineering Field Office PHONE: (540) 463-7136 FAX: (540) 463-3892 30 November 1998 SUBJECT: Frederick County Sewerage - General (Flying J Travel Plaza) Mr. R. Bradley Chewning, P.E. Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 Dear Mr. Chewning: The plan for disposal of sewage sludge generated by the Flying J Travel Plaza's 22,000 gallon per day wastewater treatment facility, located in Frederick County, as prepared by -Wastewater Process Engineering, Inc., has been received by this Department. The plan is titled "Wastewater Treatment Plant, Flying J Inc., I-81/Va,Rt. 669; Clear.Brook, VA 22624, The Sludge Plan"_ and bears a received date of 10 November 1997. The plan proposes the removal of approximately 15,600 gallons of liquid aerobically digested sludge annually from the treatment facility and hauling the sludge a distance of approximately eight miles to the Frederick -Winchester Service Authority's Opequon Regional Water Reclamation Facility for additional treatment and disposal. Sludge pumping and hauling will be accomplished by a private contractor, Clayton Martin, Paper Mill Road, Winchester, Virginia. The review of this plan has been confined to technical requirements and design criteria as stipulated in the Commonwealth of Virginia Sewerage Regulations. In accordance with the State Water Control Law, Code of Virginia 1950, as amended, Title 62.1, Chapter 3.1, Article 4, Section 62.1-44.19, Paragraph 3, this letter is to advise that the previously mentioned sludge disposal plan is technically adequate and recommended for approval by this Department. Issuance of a construction permit or any further action or decision is a matter for your office. This office is forwarding, along with a copy of this letter, one copy of the previously described sludge disposal plan, with State Health Department stickers indicating approval, to Flying J, Inc. and to your office. Notification of Department of Environmental Quality action should be transmitted to Mr. J. Phillip Adams, President; -Flying J, Inc., 50 West 990 South, Brigham City, Utah .84302; Dr. Aloke Vaid, Wastewater Process Engineering, Inc., P.O. Box 16, 'Lefors, Texas . 79054; ' Mr: Jesse Moffett, Frederick -Winchester Service Authority, P.O. Box 43, Winchester, Virginia 22604;' Frederick County Health Department, P.O. Box 2056, Winchester, Virginia 22604; Mr. John S. Trenary, Frederick County Building Official, 107 North Kent Street, Winchester, Virginia 22601; and to this Office. VDHODF EHEA HEALTH /� Vroo-Ving You and Your rnviror mPnl Mr. R. Bradley Chewning, P.E. 2 30 November 1998 - SUBJECT: Frederick County Sewerage - General (Flying J Travel Plaza) Enclosed are copies of the engineer's letter of transmittal dated 10 November 1997 and the Frederick - Winchester Service Authority's acceptance letter dated20 October 1998 for your information. By direction of the State Health Commissioner. Very truly yours, ORIGINAL SIGNED BY: Douglas M. Caldwell, P.E. 7,gr Ronald E. Conner, P.E. Engineering Field Director HTE/bt/98112501.doc cc Flying J, Inc. - Attn: J. Phillip Adams Frederick -Winchester Service Authority - Attn: Jesse Moffett Wastewater Process Engineering, Inc. - Attn: Dr. Aloke Vaid County of Frederick - Attn:,- John Riley.kk� County of Frederick - Attn: John S. Trena y Frederick County Health Department VDH - Richmond Central 0 0 I COMMONWEALTH of VIRGI IA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG• VA 22824-0278 August 28, 1998 Ms. Denise Baker C/O Perry Engineering Company, Inc. 1945 Millwood Pike Winchester, VA 22602 Dear Ms. Baker: JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX (540{984-5607 �Yi�1Cf Ref: Zachary Ann Lane Street Connection Route 669 Frederick County Enclosed is your approved Land Use Permit #855-04560 to cover the construction and maintenance of one street connection at the referenced location. Please ensure a copy of the approved permit assembly is kept at the job site whenever working within the Route 669 right-of-way. I would also like to remind you of the need to erect and maintain proper traffic control in accordance with our Virginia Work Area Protection Manual. For your information the account receivable number for this project is 0245 8601. Any inspection costs we incur will be billed to you monthly. Please give Mr. Dave Heironimus a call at (540) 722-3460 at least 48 hours in advance of the start of construction to arrange for any necessary inspections. If you have any questions concerning the permit requirements or during construction, please give me a call. CJR/rf Enclosure xc: Mr. Dave Heironimus Mr. Bob Hawkins Mr. Kris Tierney 5 cereTy, 6 Curtis . Roy— x'Y Hwy. Permits & Subd. Specfalist'Sr F;'`g WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 August 26, 1998 Ms. Denise Baker C/O Perry Engineering Company, Inc. 1945 Millwood Pike Winchester. VA 22602 Dear Ms. Baker: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Zachary Ann Lane Route 669 Frederick County In accordance with your request of August 25, 1998 you are given permission to install a temporary construction entrance at the referenced location. This letter is to be considered your permit to do so. The following provisions will be required: • Work area protection signage is to be in accordance with the current Work Area Protection Manual while working on the right-of-way. • All work on the right-of-way is to be confined to the temporary entrance location only. • A minimum 6" depth of VDOT #1 (2-3 inch stone) course aggregate by 30' in width will be required. It is to be placed from the edge of pavement and extended back onto private property far enough to prevent the carrying of mud onto the roadway. • Positive drainage is to be maintained within the right-of-way at all times. • A wash rack will be required. • Any disturbed areas of the right-of-way or damages to the pavement structure adjacent to this entrance will be repaired by you to our satisfaction. • This permit is being issued for 180 days. • All work is to be completed in accordance with the enclosed Virginia Erosion & Sediment Control Handbook, Specification 3.02. • The entrance is to be installed at the location shown on the site plan prepared by Ebert & Associates dated 04/21 /97. The Department of Transportation will not be held liable for suit should such result from this operation nor is it granting permission to grade on the property of others or disturb underground utility lines. If the above listed items are not followed this permit may be revoked. Should you have any questions, please let me know. Sincerely, LC ` J. oy Hwy. Permit ubd. Specialist Sr. CJRJrf Attachment xc: Mr. Dave Heironimus, Mr. Bob Hawkins, Mr. Kris Tierney - WE KEEP VIRGINIA MOVING 0 2 November 21, 1997 Mr. Mike Miller Wieser Architects 50 West 990 South Brigham City, Utah 84302 ('9UNTY of FREDF,RICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 RE: Approval of 171ying J Travel Plaza Site Development Plan #026-96 Dear )\like: The Frederick County Planning Department administratively approved Site Plan #026-96 for the above referenced site plan on November 18, 1997. This site plan, for the construction of a 18,500- square-foot travel plaza, is located in the Whitehall Business Industrial Park and meets all County requirements for development within the B3 (industrial transition) zoning district. The site plan includes truck, car, and R.V. refueling areas, truck scales, a total of 231 parking spaces, 131 of which are truck parking spaces, an independent waste water treatment plant, improvements to Route 669, and the grading of Zachary Ann Lane to the limits of Phase I of the Whitehall Business Park. I have provided you with two copies of the approved site plan for your records. Please contact me if YOU have any questions regarding this letter. Sincerely, G t Michael T. Ruddy Planner II MTR/cc cc: Charles W. Orndoff, Sr., Stonewall District Supervisor T. Roy Jennings, Frederick County Real Estate Joe C. Wilder, Engineering Technician Garland Miller, Winchester/Frederick County E.D.C. Bill Brennan, Harris, Smariga & Associates 107 North Kent Street - Winchester, Virginia 22601-5000 • Sheetl is Harris, Smariga and Associates, Inc. 41 East All Saints Street Frederick, Maryland 21701 (301) 662-4488 Fax (301) 662-4906 Probable Cost - Rough Grading Job Name: Flying J - Zachary Ann Lane Computed by:WJB HSA Job No.: 6552-0-flyJ _ Checked by: Date: Nov. 12, 1997 P e 1 of 1 MO. Description SoilAggroximate 191111 No. Quantitv Price Price Stormwater Mamaciement 1 Special Design Concrete End Treatment Ea. 1 $8,000.00 $8,000.00 2 36-inch RCP Storm Drain L.F. 120 $65.00 $7,800.00 3 Remove & Dispose of 15-inch RCP L.F. 48 $15.00 $720.00 4 Remove & Dispose of Ex. Inlet Ea. 1 $500.00 $500.00 5 Install PE-1 type entrance Ea. 1 $1,500.00 $1,500.00 6 BCT 10 w/2 Type 1 win walls Ea. 2 $10,000.00 $20,000.00 7 4' x 8' Concrete Box culvert L.F. 159 $325.00 $51,675.00 8 Fill C.Y. 8500 $5.00 $42,500.00 9 Remove & Replace Ex. Fill C.Y. 3500 $5.00 $17,500.00 10 Ea. 0 $0.00 $0.00 11 Ea. 0 $0.00 $0.00 12 Subtotal 15% Contingency Total C.Y. 0 $0.00 $0.00 13 C.Y. 0 $0.00 $0.00 14 S.F. 0 0 $0.00 15 S.Y. 0 $0.00 $0.00 $150,195.00 $22,530.00 $172,730.00 These Cost figures are based on Frederick City Unit Cost published cost for bonding estimates and is not a Contractor's price quote to perform work. Actual contract prices may vary depending on labor, material, equipment cost, and site conditions. These cost do not include estimates for permit fees, utility relocations, aquisition of right of way or easement cost. HSA assumes no responsibility for the accuracy of these cost or how they are interpreted or used. ZACHLANE.XLS Page 1 11/12/97 COMMONWEALTH of VIRCjINIA RANDOLPH L GORDON, M.D.. M.P.H. Department of Health ROCKBRIDGE SQUARE SHOPPING CENTER COMMISSIONER Office of Water Programs 131 WALKER STREET 9 LEXINGTON, VIRGINIA 24450-2431 Environmental Engineering Field Office PHONE (540) 463-7136 FAX:(540) 463-3892 17 November 1997 SUBJECT: Frederick County Water - Flying J Travel Plaza Mr. Michael T. Ruddy Frederick County Planning & Development 107 North Kent Street Winchester, Virginia 22601-5000 Dear Mr. Ruddy: This is in reference to our 14 November 1997 conversation regarding the status of the water treatment facilities for the Flying J Travel Plaza in Clearbrook, Virginia. As discussed, we have completed our review of the water treatment facilities and forwarded our approval recommendation and provisional waterworks operation permit to the Division of Water Supply Engineering for execution. Upon receipt of the executed waterworks operation permit, a copy will be forwarded to Flying J, Inc. Hopefully, the above adequately addresses the concerns raised during our conversation. If not, do not hesitate to contact me. Very truly yours, Harold T. Eberly District Engineer HTE/bt/97111705.doc cc Flying J., Inc. Dublin Pump Company Inboden Environmental Services - Attn: Terry Inboden Frederick County Health Department - Attn: Steve Lee VDH - Richmond Central 0 4 40 1 40 r 4• r .I Ll • FILE COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 October 29, 1997 Mr. Mike Miller Wieser Architects 50 West 990 South Brigham City, Utah 84302 RE: Flying J Travel Plaza Site Development Plan - Zachary Ann Lane Dear Mike: It is the understanding of this department that the Flying J Travel Plaza located in Frederick County is scheduled to open on November 18, 1997. To assist you in meeting this schedule and obtaining the necessary Certificate of Occupancy, we would like to offer the following. Please ensure that the grading or bonding of Zachary Ann Lane is completed in a timely manner. As you are aware, before a Certificate of Occupancy will be issued for the Flying J Travel Plaza, Zachary Ann Lane must be graded or bonded to the limits of Phase 1 of the Whitehall Business Park (as established on the site plan for the project and the approved Master Development Plan). This grading should be of a standard which would enable acceptance by the Virginia Department of Transportation once the appropriate surface treatment has been applied. In addition, the dedication of Zachary Ann Lane to Frederick County must occur. If it is Flying J's desire to bond the necessary improvements to Zachary Ann Lane at this time, it would be appropriate for Flying J to provide this office with (at a minimum) the following: An itemized cost estimate of the improvements necessary to complete the grading of Zachary Ann Lane to the limits of Phase 1 of the Whitehall Business Park. This estimate will then be evaluated by the County in coordination with the Virginia Department of Transportation to ensure that the costs of all necessary improvements are covered. The above, along with all other site improvements, should be done well in advance of your scheduled opening date to allow for the necessary inspections and approvals. 107 North Kent Street • Winchester, Virginia 22601-5000 'i Flying J Site Plan Page 2 October 29, 1997 With regard to the status of the site plan, site plan approval has been received from all of the necessary reviewing agencies. At this time, I am waiting upon five (5) copies of the final site plan for signature and final approval. This final site plan should be forthcoming and must reflect all of the changes made to the site plan since the building permit was issued. In particular, any changes made to satisfy the Virginia Department of Transportation. It is my understanding, from Bill Brennan, that he will be forwarding them to my attention upon completion of some minor changes. Obviously, this site plan must be signed and, therefore, finally approved prior to a Certificate of Occupancy being issued. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy / Planner II MTR/cc cc: Kris Tierney, Planning Director John Riley, Jr., County Administrator Ed Strawsnyder, County Engineer Bob Childress, V.D.O.T. Bill Brennan, Harris, Smariga & Associates, Inc. UV\III:EIC0%V%10\'XSM RE%VL\'19L1,C LET COMMONWEALTH EALTH ®f VIRC-jI IA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 December 2,1997 Mr. William J. Brennan, P.E. C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill: Ref: Flying "J" Zachary Ann Lane Items Route 669 (Rest Church Road) Frederick County In our review letter dated November 21, 1997 for the referenced project we offer an additional comment relating to the combined effort between Flying "J" and Zachary Ann Lane developments. The comment deals with the upstream drainage easement(s) in general. The 100 year flood plain easement should read "100 Year Flood Plain & Drainage Easement" and an additional plan sheet with appropriate scale to shown perimeter of entire 100 year flood plain. This concern should also be discussed with the Frederick County Planning Department. If you have any questions, please call. BJS/ rf xc: Mr. R. B. Childress Mr. S. A. Melnikoff Mr. H. E. Strawsnyder Mr. Kris Tierney Sincerely, Barryilitzer Trans. Roadway Engineer For: Robert B. Childress Transportation Engineer WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA Randolph L. Gordon, M.D., M.P.H. Commissioner Mr. J. Phillip Adams, President Flying J, Inc. 50 West 990 South Brigham City, Utah 84302 Dear Mr. Adams: Deparimew of Heallh P0BOX 2448 RICHMOND, VA 23218 SUBJECT: Frederick County Water - Flying J Travel Plaza TDD 1-800-828-1120 Plans and specifications for the installation of a drilled well and water treatment facilities to serve the Flying J Travel Plaza, located in Frederick County, Virginia, as prepared by Patton, Harris, Rust and Associates, P.C., Bridgewater, Virginia, have been reviewed by this Division. The plans include an unnumbered title sheet, Sheets 2 of 6 through 6 of 6, and Drawing Number P-D4 titled "Flying J Travel Plaza Water System" and dated May 1997 with revisions dated September 1997. The specifications titled "Technical Specifications for Flying J Travel Center Water Filtration System, Frederick County, Virginia" are dated June 1997. In accordance with the Commonwealth of Virginia Waterworks Regulations, 12 VAC 5-590- 220, this letter is to advise that, subsequent to our review, the above described plans and specifications are technically adequate and approved by this Division. One copy each of the plans and specifications has been stamped approved and is being forwarded to you under separate cover. Since construction of this project preceded the formal approval process, a construction permit v,,il! not be issued. However, a waterworks operation permit is required. In accordance with Part I, Article 3, 12 VAC 5-590-260, Issuance of the Operation Permit, enclosed you will find Waterworks Operation Permit No. 2069230 with an effective date of 24 November 1997. This permit is your authorization from the State Health Commissioner to operate the public waterworks in accordance with Part II of the Regulations, establishes the system design capacity as 40.000 gallons er daY, and requires the establishment of a cross - connection and backflow prevention control program by 24 May 1998. Please understand that in the future any chanoes or additions to the water system must be approved by this Division prior to any construction. V/DHODFEHFFAITHNi P"d- 1-k /nu end Irrur (nr rn Mvrr'•nl Mr.]. Phillip Adams Page 2 SUBJECT: Frederick County Water - Flying ] Travel Plaza If we can be of additional assistance, please contact Harold T. Eberly in our Lexington Environmental Engineering Feld Office at 540/463-7136. Sincerely, "Orir,inal signed ny Allen R Hari — Allen R. Hammer, P.E., Director Division of Water Supply Engineering cc Patton; Harris, Rust and Associates, P.C. - Attn: Mark Byerly Frederick County Health Department County of Frederick - Attn: John Riley Frederick County Planning and Development - Attn: M. T. Ruddy V Dublin Pump Company - Attn: Ron Jordan VDH - Lexington Field Office/97111402.doc � � 1 r4 V 1• TT�� COMMONWEALTH of VIVv� ®�'�� �� DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP CO`.M.ISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG. VA 22824-0278 TELE (540) 984-5600 FAX (540)984.5607 November 21, 1997 Mr. William J. Brennan, P.E. C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill: Ref: Flying "J" Zachary Ann Lane Items Route 669 (Rest Church Road) Frederick County We have reviewed the revised site plan dated November 18, 1997 for the referenced project and have the following comments as shown in red on the plans sheets: Plan Sheet C-2 1. The existing road hatching should be extended to the limit of work. 2. Erosion control stone should be added at the ends of curb & gutter, both sides of Route 669. 3. Extension of UD-4's should be carried west of Zachary Ann Lane extended to daylight and EW-12's installed. 4. Any pavement surface course applied west of Station 17+31.45 initially should be milled and the entire area overlaid when the Zachary Arai Lane portion is constructed or Route 669 is extended west. 5. The utility pole on the south side of Route 669 at the Station 19+25± has come inside the safe clear zone as the result of widening west on Route 669. The pole should be relocated out of clear zone. Plan Sheet C-3 6. The matter of identifying limits of work for the Zachary Ann Lane and the Flying "J" projects continues to be unclear. The limit of work on the Flying "J" plan shows Station 21+68.25, however, the note indicates "Zachary Ann Lane will be constructed in one phase to the limits of Lot 4. The temporary turn around will be constructed at Lot 4". The limits of work should be clearly defined. WE KEEP VIRGINIA MOVING Mr. William J. Brennan Ref: Flying `J' November 21, 1997 Page 2 7. Dimensions should be shown on the plans on each drainage easement. 8. The note concerning headwall on the quadruple 36" culvert should read: Existing concrete headwall to be removed and the existing 36" R.C.P.'s are to be extended by joining the bell joints in order to provide a continuous line in culverts. A note should be added "37 l.f. (4) 36" R.C.P.'s Required (extend existing by joining bell ends)". Plan Sheet C-4 9. There appears to be a difference in proposed profile grades beginning at Station 20+00+ on Zachary Ann Lane plans. The ahead percent of grade on Zachary Ann Lane is shown to be -2.18%, while the ahead grade on the similar line of Flying "J" is shown to be-2.6166%. We have asked the Zachary Ann Lane designer to provide a revised grade line to transition the difference. All miscellaneous comments (notes) shown in red on the plan sheets should be addressed. Any changes in design features should meet or exceed standards. When you have addressed all the above comments, please submit five sets of revised plans for review and approval. If there are any questions, please call. Sincerely, "Barry . Sweitzer Trans. Roadway Engineer For: Robert B. Childress Transportation Engineer BJS/rf Attach. xc: Mr. R. B. Childress Mr. S. A. Melnikoff Mr. H. E. Strawsnyder Mr. Kris Tierney i U Y' �VOf�N COMMONWEALTH of VIRQINIA �E DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG. VA 22824.0278 TELE (540) 984-5600 FAX (540) 984.5607 November 21,1997 f�-Ivvj �K- Mr. Robert P. Pease, P.E. Ref: Zachary Ann Lane 500 Mussleman Road Route 669 (Rest Church Road Falmouth, VA 22405 Frederick County Dear Robert: We have received the Flying "J" plan portion of Zachary Ann Lane dated November 18,1997 and have the following comments as shown in red on the plan sheets: Plan Sheet 1 of 5 1. The surface course of asphalt should be 11/2" of SM-2B due to anticipated commercial usage. Plan Sheet 2 of 5 2. There appears to be a difference in the proposed finished grade line beginning at Zachary Ann Lane Plan Station 20+00± which shows an ahead percent of grade of - -2.18% while the Flying "J" plan shows a-2.6166%. Please provide a uniform grade tie through this area. 3. The plans show dividing line of work to be at Station 21+68.25 between Flying "J" and Zachary Ann Lane. However, there is a note on the Flying "J" plan which states "Zachary Ann Lane will be constructed in one phase to the limits of Lot 4. The temporary turn around will be constructed at Lot 4". There appears to be some confusion still as to who performs which task and the physical location for limits of work, all of which should be confirmed with Frederick County agencies. Plan Sheet 3 of 5 4. Additional permanent drainage easement should be provided as shown to allow maintenance access around the proposed guardrail. WE KEEP VIRGINIA MOVING Mr. Robert P. Pease • Ref:• Zachary Ann Lane November 21,1997 Page 2 5. The proposed concrete box culvert over Duncan Run should be described as follows: Triple 53'-8'x4' Concrete Box Culvert Required BCT-10, 5T010 Foot Fills w/ (4) Type I Wingwalls Modified 2:1 Slope (Add 1/3 of length of for 2:1 Slope) Upside vertical steel by 1 size. 6. The 100 year flood plain easement should read "100 Year Flood Plain & Drainage Easement" and an additional sheet provided with appropriate scale to show perimeter of entire 100 Year Flood Plain. This concern should also be discussed with Frederick County. Plan Sheet 4 of 5 7. An additional 20' drainage easement should be provided at the south end of the cul- de-sac to natural drainage. All dimensions of all drainage easements should be shown where they appear on the plans. All miscellaneous comments shown in red on the plans should be addressed. Any changes made in design features should meet or exceed standards. When all the above comments have been addressed, please submit five sets of revised plans for review. If there are any questions, please call. Sincerely, Barr J. Sweitzer�a . Roadw En 'neer Barry � For: Robert B. Childress, Transportation Engineer BJS/ rf xc: Mr. R. B. Childress Mr. S. A. Melnikoff Mr. Ed Strawsnyder Mr. Kris Tierney 1' COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP COYrtISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG, VA 22824-0278 TELE (540) 984.5600 FAX (540) 984.5607 November 3,1997 Mr. Gary Carstensen, Project Manager C/O PDG 1530 Rest Church Road Clearbrook, VA 22624 Dear Gary: Ref: Land Use Permit #855-04168 Flying "J" Travel Plaza Route 669 Frederick County In response to your October 29, 1997 letter concerning the referenced project, we have no objections to the placement of asphalt concrete after November 1, 1997 provided temperature limitations and compaction requirements as outlined in our current Road & Bridge Specifications can be met. We realize at this time of year weather conditions may not allow for the placement of the surface asphalt. As I have indicated before, we would allow the facility to open without the surface mix in place. However, temporary measures, i.e. pavement wedging at the bridge, ramps, entrance, etc. and striping will need to be in place. Every attempt should be made to complete the surface course prior to your opening and we will work with your contractors to ensure same. If you have any questions or need to discuss this issue further, please let me know. RBC/ rf xc Mr. S. A. Melnikoff Mr. A. R. Boyce Mr. Mike Perry Mr. Kris Tierney Sincerely, Robert B. Childress Transportation Engineer WE KEEP VIRGINIA MOVING %Q.C.Clv✓� �l"l,W �,cr ) .76 �cv✓ w�. � �� CTU � CTZrU l ��. % 1 /1 CFO o a vu �C 2. �' ► 3 Z) q9, N Imo, ?-27' 2`72- 5 ZOO - 6 V Qi - D V^!AA- CIO---V---O IRwVt -- - 1 S 6J OZT-C> `0\-P P r O x. C�v e� c a CJ, L a.,�,. e . I C� crcro S%� sew au(/v ���1-7 p( (A.c e,4k —75 Yo c, C c,.o,5 o V- - U,,A- Cli ✓`a a� to , Cep ) klV;\. - COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 To: Kris Tierney, Director of Planning & Development From: Michael T. Ruddy, Planner II Ae Subject: Flying J Travel Plaza - Zachary Ann Lane Date: September 11, 1997 Recently, several inquiries have been made to this department concerning the dedication of the Zachary Ann Lane road right-of-way to Frederick County. Zachary Ann Lane is the sixty (60) foot right-of-way located on the property of Flying J that provides access to the remainder of the Whitehall Business Park. I would like to take this opportunity to clarify what I believe is the County's position regarding the dedication of Zachary Ann Lane in addition to summarizing the status of the Flying J project to date. Ultimately, Zachary Ann Lane is to be built to VDOT standards for future acceptance into the State system. Frederick County will only accept the dedication of any portion of Zachary Ann Lane for future acceptance into the State system if the construction of the road has been completed to VDOT standards or bonded. Before a Certificate of Occupancy will be issued for the Flying J travel Plaza, Zachary Ann Lane must be graded or bonded to the limits of Phase 1 of the Whitehall Business Park (as established or the site plan for the project and the approved Master Development Plan). This grading should be of a standard which would enable acceptance by VDOT once the appropriate surface treatment has been applied. 107 North Kent Street • Winchester, Virginia 22601-5000 • 0 Page 2 September 11, 1997 It is the Planning staff's belief that, in addition to construction or bonding, the County should also ivquii"e dedicatloii of Zachal y Aim Laiie to Fredeirck County prior to 1SSiiaiice of a cei-tlf cute of occupwicy for the travel plaza. If a Certificate of Occupancy were issued prior to dedication, there would be little incentive for Flying J to work with the Rainbow Group. This would likely prolong the process of construction and dedication of the road for public use. The issue of responsibility for the construction/bonding of Zachary Ann Lane is a private matter between Rainbow Group and Flying J. Frederick County's only concern is that the necessary improvements described above are completed, in accordance with VDOT standards, prior to a Certificate of Occupancy being issued, and prior to dedication to the County. With regards to the status of the site plan, site plan approval has been received from the Frederick County Inspections Department, County Engineer, and Fire Marshall. At this time, site plan approval has riot been received from the Virginia Department of Transportation. Until this approval has been received, final approval of the site plan by the County will not occur. The building permit was issued for this project (allowing construction to commence) with the understanding that all of the reviewing agencies concerns would be satisfied prior to obtaining a certificate of occupancy for the travel plaza. A letter dated April 2, 1997, to Mr. Mike Miller of Flying J, clearly identified this stipulation. Please let me know if you have any cornments or wish to offer any further direction. If you have no objection to the approach outlined above, I intend to send a letter to Flying J clearly stating this as that County's position. • j( f • y I14 COMMONWEALTH of VIRCIINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE CUAMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 November 14,1997 Mr. William J. Brennan, P.E. C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984.5600 fAX (540) 984.5607 Ref: Flying "J" Travel Plaza/ Whitehall Business Park Route 669 Frederick County We have reviewed the revised site plan dated November 6, 1997 for the referenced project. All our previous comments relative to the revisions appear to have been satisfactorily addressed. The revised plans are approved. Please advise the developer accordingly. Be advised our previous approval letter dated 09/19/97 (copy attached), remains in effect as to the revised items covered by this action. Please inform the contractor to proceed with the revised items with this understanding. Please note this approval does not include the Improvement Plans for Rough Grading of Zachary Ann Lane from Station 10+00 to Station 21+68.25 Whitehall Business Park (Phase I) which are covered and being revised in a separate set of plans. Please provide three additional sets of the plans for our use. Should you have any questions, do not hesitate to call. Sincerely, arty eitzer Trans. Roadway Engineer For: Robert B. Childress Transportation Engineer BJS/ rf Enclosure xc: Mr. R. B. Childress Mr. S. A. Melnikoff (w/ three sets of revised plans) Mr. Kris Tierney Mr. Rupert Werner, Perry Engineering Company Mr. Mike Miller, PDG, Inc. WE KEEP VIRGINIA MOVING F,---,DSIDE S1GN ROADSIDE SIGN n C:A-L DISTRICT ' • RURAL OISTRICT ` ,Or L[:s CT 7 4$rOUL, FWD SEED UN17 nO :)SIDE SIGN 50 I BUS:vESS OR Z RE_;:E4CE DISTRICT JL 1 i RC:.DSIDE ASSEMBLY a DISTRICT 3 II 15 WARNING SIGN WITH ADVISORY SPEED PLATE RURAL DISTRICT I 12• --t F2 5 LAN T ..r I 1 01= 1 'IY.%=NlIPlG SIGN 04 ISL:HO IH THE LINE OF TRAFFIC OVERHEADI MOUNTING .. o � _ �- �• YIN. --- I Figvra 1-l. Heis-�f on.� laloroi (occlion of signs—lypicol inr:yilc;ior:� *Request For Site Plan Comme� Virginia Department of Transportation Mail to: Virginia Department of Transportation Atten: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 Hand deliver to: Local VDOT Office 1550 Commerce Street Winchester, VA (540) 722-3460 Please fill out the information as accurately as possible in order to assist the VDOT with their review. Please attach four copies of your site plan with this sheet. • Applicant's name: Address: Phone number: Weiser Architects 50 West 990 South Brigham City, Utah 84302 801-734-6507 • Name of development and/or description of the request: Flying J Location of development: Southwest corner of the intersection of US I-81 & VA Rt. 669. Virginia Department of Transportation's Comments: See attached VDOT letter dated 09/19/97 to Mr. William J. Brennen. VOQT use or,!,, Date receives incomplete ✓ Date revieweg Sianature a^d Date t3 Si4nature and Date (revision) Date revision received 91tC.I9- Incomplete Date reviewed qh_Lzk q Uirr Date approved _� {,.IIAC1I/y1, /r ii t 1` ire% COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG, VA 22824-0278 TELE (540) 984.5600 FAX (540)984.5607 September 19,1997 Mr. William J. Brennan, P.E. Ref: Flying J Travel Plaza C/O Harris, Smariga & Associates, Inc. Whitehall Business Park 41 East All Saints Street Route 669 Frederick, MD 21701 Frederick County Dear Bill: This is to acknowledge receipt of your revised plans dated September 19, 1997 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT ,vill also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's r;ght-of-way. The permits will require a minimum processing fee, surety bond coverage and the salary & expenses of a State assigned Inspector. " 1I` Mr. William J. Brennan Ref: Flying "J" Travel Plaza / Whitehall Business Park September 19,1997 Paize #2 • Any signs to be installed will be in accordance with the attached. • Dedication deed and plat for required right-of-way for widening of SR 669 and at the northeast corner of the proposed Zachary Ann Lane intersection and necessary drainage and slope easements shown on the approved plans will need to be completed and provided to VDOT for review and approval prior to issuance of any permits by this office. • We have received eight copies of improvement plans for rough grading of Zachary Ann Lane from Station 10+00 to Station 21+68.25 which we will review and comment on at a future date. Any construction performed by your client pursuant to improving/building within the right-of-way of proposed Zachary Ann Lane, e.g. earthwork, roadway fill material, the quadruple 36" pipe, etc. will need to be brought into conformance with VDOT standards prior to acceptance into the State's Secondary System. Should you need additional information, do not hesitate to call. Sincerely, Barry J. Sweitzer, Trans. Roadwa Engineer For: Robert B. Childress, Transportation Engineer BJS/rf Attachments xc: Mr. R. B. Childress Mr. S. A. Meh-dkoff (w/ 3 sets of plans) Mr. R. D. Hawkins Mr. Kris Tierney Mr. Rupert Werner, Perry Engineering Mr. Mike Miller, PDG, Inc. l COUNTY of FREDERIC0 Department of Planning and Development • 107 North Kent Street • Winchester, Virginia 22 601-5000 Telephone: 540/665-5651 FAX. W/678-0682 FAX TO: DEB31c -;�Ay COMPANY: Loc.//- —o tj c � 5 FAX 4: -7S3 - Zo96 Date. _I1.1 L/ 9 7 Number of Pages (including cover sheet) 2 Remarks: PC.�f15 61 1NJ5ER7- I M'o )=o�M Hn�D r-'20 v� Dc Amount: $500,000.00 Condition: Complete all improvements in conjunction with the approved site plan to the satisfaction of the County of Frederick by June 1, 1998. This is to include, but is not limited to, the construction and grading of Zachary Ann Lane to the limits of Phase I of the Whitehall Business Park as established on the site plan for the project and the approved Master Development Plan. Said construction and grading should be of a standard that would enable acceptance by the Virginia Department of Transportation once the appropriate paving has been applied. From the desk of: ( V, -R uD Dom_ NOV 12 ' 97 13: 09 LOCKTON • S U R E T Y B 0 N D � P. 5 KNOW ALL MEIN BY THESE PRESENTS, That we as Principal and a Corporation organized under the laws of the State of and authorized to transact surety businp,s!; in the State of as Surety, are held and firmly bound unto in the sum of ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bounden, has filed, or is about to file, with a plat for which requires WHEREAS, on the day of , 19 the Principal entered into an agreement, referred to as with, the Obligee. This agreement is by reference made a part hereof. NOW, TMEFORE,r the condition of this obligation is such that if the above -bounden Principal shall faithfully then this obligation shall be void; otherwise to remain in full force and effect. DATED this _ day of ATTEST: WITNESSED: BY; BY Attorney -in -fact wc- ,teed c-o„-- l bu�,d w cos CA c v�lw� e o wC— CLrw, v'k V c.et-� 0 (A, V, Lrj w-1ACL a &V �) w kal ►,,, o C c,AAr occF-y- o1wl Tcl-� COUNTY of FREDERICK Department of Planning and Development s40/66s-S6SI FAY: 540/678-0682 October 29, 1997 Mr. Mike Miller Wieser Architects 50 West 990 South Brigham City, Utah 84302 RE: Flying J Travel Plaza Site Development Plan - Zachary Ann Lane Dear Mike: It is the understanding of this department that the Flying J Travel Plaza located in Frederick County is scheduled to open on November 18, 1997. To assist you in meeting this schedule and obtaining the necessary Certificate of Occupancy, we would like to offer the following. Please ensure that the grading or bonding of Zachary Ann Lane is completed in a timely manner. As you are aware, before a Certificate of Occupancy will be issued for the Flying J Travel Plaza, Zachary Ann Lane must be graded or bonded to the limits of Phase 1 of the Whitehall Business Park (as established on the site plan for the project and the approved Master Development Plan). This grading should be of a standard which would enable acceptance by the Virginia Department of Transportation once the appropriate surface treatment has been applied. In addition, the dedication of Zachary Ann Lane to Frederick County must occur. If it is Flying J's desire to bond the necessary improvements to Zachary Ann Lane at this time, it would be appropriate for Flying J to provide this office with (at a minimum) the following: An itemized cost estimate of the improvements necessary to complete the grading of Zachary Ann Lane to the limits of Phase I of the Whitehall Business Park. This estimate will then be evaluated by the County in coordination with the Virginia Department of Transportation to ensure that the costs of all necessary improvements are covered. The above, along with all other site improvements, should be done well in advance of your scheduled opening date to allow for the necessary inspections and approvals. 107 North Kent Street a Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 1997 540/665-5651 FAX: 540/ 678-0682 With regard to the status of the site plan, site plan approval has been received from all of the necessary reviewing agencies. At this time, I am waiting upon five (5) copies of the final site plan for signature and final approval. This final site plan should be forthcoming and must reflect all of the changes made to the site plan since the building permit was issued. In particular, any changes made to satisfy the Virginia Department of Transportation. It is my understanding, from Bill Brennan, that he will be forwarding them to my attention upon completion of some minor changes. Obviously, this site plan must be signed and, therefore, finally approved prior to a Certificate of Occupancy being issued. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy Planner II MTR/cc cc: Kris Tierney, Planning Director John Riley, Jr., County Administrator Ed Strawsnyder, County Engineer Bob Childress, V.D.O.T. Bill Brennan, Harris, Smariga & Associates, Inc. U.\.0 I KnCo%i \fON\SITH. RG Val:LYJ9LAC. LE.7 107 North Kent Street • Winchester, Virginia 22601-5000 A • i FILE COPY COUNTY of FREDERICK Department of Planning and Development 540t665-5651 FAY: 540t 678-0682 September 22, 1997 Mr. Mike Miller Wieser Architects 50 West 990 South Brigham City, Utah 84302 RE: Flying J Travel Plaza Site Development Plan - Zachary Ann Lane Dear Mike: Recently, several inquiries have been made to this department concerning the dedication of the Zachary Ann Lane road right-of-way to Frederick County. As you are aware, Zachary Ann Lane is the sixty (60) foot right-of-way located on the property of Flying J that provides access to the remainder of the Whitehall Business Park. I would like to take this opportunity to clarify Frederick County's position regarding the dedication of Zachary Ann Lane in addition to summarizing the status of the Flying J project to date. Ultimately, Zachary Ann Lane is to be built to VDOT standards for future acceptance into the State system. Frederick County will only accept the dedication of any portion of Zachary Ann Lane for future acceptance into the State system if the construction of the road has been completed to VDOT standards or bonded. Before a Certificate of Occupancy will be issued for the Flying J travel Plaza, Zachary Ann Lane must be graded or bonded to the limits of Phase 1 of the Whitehall Business Park (as established on the site plan for the project and the approved Master Development Plan). This grading should be of a standard which would enable acceptance by VDOT once the appropriate surface treatment has been applied. In addition to the construction or bonding of Zachary Ann Lane, Frederick County will also require dedication of Zachary Ann Lane to Frederick Comity prior to issuance of a certificate of occupancy for the travel plaza. The issue of responsibility for the construction/bonding of Zachary Ann Lane is a private matter between Rainbow Group and Flying J. Frederick County's only concern is that the necessary improvements described above are completed, in accordance with VDOT standards, prior to a Certificate of Occupancy being issued, and prior to dedication to the County. 107 North Dent Street • Winchester. Virginia 22601-;000 A r 0 Flying J Site Plan Review Page 2 September 22, 1997 With regards to the status of the site plan, site plan approval has been received from the Frederick County Inspections Department, County Engineer, and Fire Marshal. At this time, site plan approval has not been received from the Virginia Department of Transportation. Until this approval has been received, final approval of the site plan by the County will not occur. The building permit was issued for this project (allowing construction to commence) with the understanding that all of the reviewing agencies' concerns would be satisfied prior to obtaining a certificate of occupancy for the travel plaza. A letter dated April 2, 1997, to yourself, clearly identified this stipulation. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy Planner II MTR/cc cc: Kris Tierney, Planning Director John Riley, Jr., County Administrator Ed Strawsnyder, Director of Public Works Bob Childress, V.D.O.T. Winter DeLaMar, PDG Inc. Bill Brennan, Harris, Smariga & Associates, Inc. The Rainbow Group U .NUKDCONIMOMSME REV�rLY13L\C LET COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/678-0682 MEM01"ND AIM To: Kris Tierney, Director of Planning & Development From: Michael T. Ruddy, Planner II .14-1 < Subject: Flying J Travel Plaza - Zachary Ann Lane Date: September 11, 1997 Recently, several inquiries have been made to this department concerning the dedication of the Zachary Ann Lane road right-of-way to Frederick County. Zachary Ann Lane is the sixty (60) foot right-of-way located on the property of Flying J that provides access to the remainder of the Whitehall Business Park. I would like to take this opportunity to clarify what I believe is the County's position regarding the dedication of Zachary Ann Lane in addition to summarizing the status of the Flying J project to date. Ultimately, Zachary Ann Lane is to be built to VDOT standards for future acceptance into the State system. Frederick County will only accept the dedication of any portion of Zachary Ann Lane, for future acceptance into the State system if the construction of the road has been completed to VDOT standards or bonded. Before a Certificate of Occupancy will be issued for the Flying J travel Plaza, Zachary Ann Lane must be graded or bonded to the limits of Phase 1 of the Whitehall Business Park (as established on the site plan for the project and the approved Master Development Plan). This grading should be of a standard which would enable acceptance by VDOT once the appropriate surface treatment has been applied. 107 North Kent Street - Winchester, Virginia 22601-5000 i Page 2 September 11, 1997 It is the Planning staff s belief that, in addition to construction or bonding, the County should also require dedication of Zachary Anti Lade to Frederick County prior to issuance of a certificate of occupancy for the travel plaza. If a Certificate of Occupancy were issued prior to dedication, there would be little incentive for Flying J to work with the Rainbow Group. This would likely prolong the process of construction and dedication of the road for public use. The issue of responsibility for the construction/bonding of Zachary Ann Lane is a private matter between Rainbow Group and Flying J. Frederick County's only concern is that the necessary improvements described above are completed, in accordance with VDOT standards, prior to a Certificate of Occupancy being issued, and prior to dedication to the County. With regards to the status of the site plan, site plan approval has been received from the Frederick County Inspections Department, County Engineer, and Fire Marshall. At this time, site plan approval has not been received from the Virginia Department of Transportation. Until this approval has been received, final approval of the site plan by the County will not occur. The building permit was issued for this project (allowing construction to commence) with the understanding that all of the reviewing agencies concerns would be satisfied prior to obtaining a certificate of occupancy for the travel plaza. A letter dated April 2, 1997, to Mr. Mike Miller of Flying J, clearly identified this stipulation. Please let me know if you have any comments or wish to offer any further direction. If you have no objection to the approach outlined above, I intend to send a letter to Flying J clearly stating this as that County's position. ,�, • • FILE CLAY COUNTY of FREDERICK Department of Planning and Development 340/665-5651 FAY: 540/ 678-0682 April 2, 1997 Mr. Mike Miller Wieser Architects 50 West 990 South Brigham City, Utah 84302 RE: Flying J Travel Plaza Site Development Plan Dear Mike: I would like to take this opportunity to summarize the status of the Flying J project to date. Site plan approval has been received from the Frederick County Inspections Department, the Frederick County Engineer, and the Frederick County Fire Marshal. The Virginia Department of Health, through the Office of Water Programs, has provided this office with a letter stating that they would not object to the issuance of a building permit for the Flying J Travel Plaza provided that it is conditioned such that a certificate of occupancy could not be issued until the water system was approved and any required treatment facilities were fully operational. It is my understanding that the Virginia Department of Transportation will allow Flying J to bond all improvements associated with the project prior to approval the site plan. This would permit you to begin construction of on -site facilities, again with the understanding that a certificate of occupancy could not be issued until the site plan is approved by V.D.O.T., and that all improvements associated with the site plan have been completed to the satisfaction I�V.D.0.T. An issue has surfaced concerning the extent of construction of Zachary Ann Lane. There is currently a lack of agreement regarding who is responsible for the construction of Zachary Ann Lane. This issue needs to be resolved. At this point, Frederick County is prepared to issue a building permit as we have received five copies of the final site plan from Harris, Smariga and Associates. However, we are hereby giving notice that no certificate of occupancy will be issued for any facility until such time that Zachary Ann Lane is constructed or bonded to the southern limit of lot three in conformance with the Master Development Plan for Whitehall Business Park approved on June 6, 1996. A note to that effect must be added to the final site plan before we will sign off on final site plan approval. 107 North Bent Street • Winchester, Virginia 22601-5000 Flying J Site Plan Review Page 2 April 2, 1997 Once again, Frederick County would be able to issue a building permit for the Flying J Travel Plaza as soon as the bonding agreement is in place with V.D.O.T., and V.D.O.T. has advised Frederick County of their approval of the agreement. Issuance of this building permit will be conditioned on the understanding that all of the above agencies concerns will be satisfied prior to obtaining a certificate of occupancy for the travel plaza. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy Planner I MTR/cc cc: Charles W. Omdoff, Sr., Stonewall District Supervisor John Riley, Jr., County Administrator Ed Strawsnyder, County Engineer John Trenary, Building Official Doug Kiracofe, Fire Marshall Bob Childress, V.D.O.T. Tom Eberly. Office of Water Proerams Bill Brennan, Harris, Smariga & Associates, Inc. ((A)) 90 RCEN�9R0, INC. \ R/CUZ 70?W ff -ly �R NOTE: PRIOR TO OCCUPANCY, ZACHARY ANN LANE WILL BE GRADED TO THE SOUTHERLY PROPERTY LINE OF PHASE ! ONE BY PARTIES TO BE DEIERMINED. I � - t 02 HP 03+ + 02 _ 1 P. 02 OCK FAICE SPUT RAIL FENCE • , " , 1 1 � � I t 5 n Y934 x OLDING POND;' IOUTS STRUCTURE ; g� - (SEE ETAIL SHEET) r 3� 01) I t ..� ® SIGN E 0 t • U ONLY WE 44CE TO FROM ROPERTY TIED T- 7p' R.O. rV ►S TO 8E DEDI A I SAS A 69) WILL FREDERICK COUNTY TO SERVE pROPERTiES TATE PI;6'.Z R►GHT-OF-WA r TC A ROACWAY ROPERTY y,<I H IN THE APPROVED MP BONDED TO NT PLAN ,S TO 9L CONSTRUCTED URCH ROAD THE LOT TO BE SERVED PR►GR TC TRANSPORTATION. ISSUANCE OF (--ONSTP'JCT;ON i�ERgET . JIRE TEMpr)RARY TURNAROUNCS W AND PRIOR IDENTIFIED AT FOR. EA,,H RCJADWAY EXTENSION THE STATE p � ANCE OF R.(--)AI-WAN To AC'.E. ?OAOwA, E'r;TEM \ SECONDARY MOUNTAE-= CU.PB FOP \ EMERGEN �' vE!-�,'�LE -, vN'- x ZACHARY ANN LAN _. _...w.. 461.49 - ca � �i'b �j•l"_h ►► Z r v• . If-- 04 00 - ri 5. PHASE ' TO BE DEVELOPED BY FLYING J, INC. AS A TRAVEL PLAZA. PHASE 2 TC BE DEVELOPED BY WHITE HALL BUSINESS PARK ON A LOT BY LOT BASIS. THERE ARE NO HISTORIC STRUCTURES AND SITES ON THIS PROPERTY 8. THERE ARE NO PUBLIC WATER AND SANITARY SEWER FACILITIES AVAILABLE FOR THIS SITE. WATER SERVICE WILL BE PROVIDED B` INDIVIDUAL PRIVATE WELLS. SANITARY SEWER DISPOSAL WILL BE BY INDIVIDUAL LOT SEPTIC SYSTEMS OR INDIVIDUAL LOT PACKAGED SEWE? TREATMENT PLANTS. A 6C' RIGHT OF WAY FOR A COLLECTOR ROAD IS TO BE ESTABLISHED FROM VA. RTE. 669 TO SERVE THE PHASE 2 LOTS (LOTS 4-8) OF THE WHITE HALL BUSINESS PARK. THIS COLLECTOR ROAD WILL BE BI!ILT TO VDOT STANDARDS. GRADING FOR PHASE 1 OF THE PROPOSES RO'C WILL BE PERFORMED WITH THE DEVELOPMENT OF THE FLYING J -RA 'E_ PLAZA. PAVING WILL OCCUR UNDER PHASE 2. 10. FLOODPLAIN DELINEATION TAKEN FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FLOOD INSURANCE RATE MAP (FIRM) FOR UNINCORPORATED AREAS OF FREDERICK COUNTY, VIRGINIA, COMMUN.'Y PANEL NO. 510063 0075 B WITH AN EFFECTIVE DATE OF JULY 1 1979. THE FLOODPLAIN DELINEATED IS DIGITIZED FROM THE REFERENCED FIRM MAP AND IS APPROXIMATE ONLY. 11. A CONSOLIDATION PLAT WILL BE REQUIRED FOR SITE PLAN APPROVAL OF THE DEVELOPMENT OF PHASE 1 — FLYING J TRAVEL PLAZA. 12. THERE IS NO COMMON OPEN SPACE PROPOSED FOR THIS DEVELOFMEN 13. THE PROPOSED SEWER TREATMENT PLANT IS TO BE USED BY FL",NG J ONLY. 14. WHEN LOT 7 IS DEVELOPED THE OWNER IS REQUIRED TO INSTAL_ THE WET POND ON LOT 7 OR PROVIDE A WATER STORAGE TANK IN ACCCRCANCE WITH THE FIRE MARSHALL'S REQUIREMENTS. THE OWNER IS REQLIPED TO PROVIDE ON ALL WEATHER ACCESS TO THE WATER SUPPLY ON _OT 7 FROM PUBLIC ROAD THAT IS TO BE CONSTRUCTED ALONG THE WESTEF-_Y PROPERTY LINE. 15. THE PROPOSED IMPROVEMENT TO REST CHURCH ROAD (VA. ROUE 669) HALL REQUIRE THE DEVELOPER TO OBTAIN PROPERTY FROM THE INTE?—STATE ORCHARD, INC. PARCEL TO THE NORTH. IN THE EVENT THAT TH S PROPERTY CANNOT BE OBTAINED BY THE DEVELOPER, THE MASTER DEVELCPMENT PLAN WILL BE REVISED TO INSURE THAT ALL IMPROVEMENTS TO REST CHURCH ROAD ARE ACCOMPLISHED AS REQUIRED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION. 16. A HAZARD MATERIAL AREA FOR THE TRUCK SERVICE AREA WILL 3E IDENTIFIED AT SITE PLAN REAEW. MOUNTABLE CUPS EMERGENC'f VEHI'- L. ACCESS ONLf. v i 7ACHARY ANN LANE _ -TEMP NIpE� _ ,✓ r.JLDESa i- A. • �! ! AhVs SEWER u TREATMENT `� Z lO I PLANTF- w I i _ LI iDRl�IWATER NAGEMENT�` LEACH FIELD APE AREA & WET POND a i r FOR SANITARY H WEP v L£ 40.9L N — i 1 l � 1� Li 3 i 101 i ! N L W ' 1 co 4 xCO m ! I O i ' jr .• S COMMONWEALTH of VIRGINIA Department of Heu/lh Randolph L. Gordon, M.D., M.P.H. P O BOX 2448 Commissioner RICHMOND, VA 23218 1997 Mr. R. Bradley Chewning, P.E. Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 Dear Mr. Chewning: TDD 1-800-828-1120 SUBJECT: Frederick County Sewerage - General (Flying J Travel Plaza) Revised plans for the wastewater treatment facilities to serve the Flying J Travel Plaza, located in Frederick County, have been received from ECOL Environmental, Aurora, Colorado. The revised plans include Sheets 3000-ST-REV2 and 3000-EDL-2-REV2 titled "WTTP Site and Discharge" and dated September 1997. The original plans were transmitted to the Department of Environmental Quality with our letter report dated 1 August 1997. These revised plans relocate the wastewater treatment works outfall approximately 320 feet downstream of its original location to remove the line from the main floodway of Duncan Run. The treatment efficiency and design capacity of this wastewater treatment works are not affected by this revision. The review of these revised plans and specifications has been confined to technical requirements and design criteria as stipulated in the Commonwealth of Virginia Sewerage Regulations. In accordance with the Virginia Water Control Law, Code of Virginia 1950, as amended, Title 62.1, Chapter 3.1, Artide 4, Section 62.1-44.19, Paragraph 3, this letter report is to advise that the previously mentioned revised plans are technically adequate and recommended for approval by this Department. Issuance of a construction permit or any further action or decision is a matter for your office. This Department's Lexington Environmental Engineering Feld Office will forward one copy of the previously described revised plans, with a State Health Department approval sticker, to Flying J, Inc. and to your office. Notification of Department of Environmental Quality action should be transmitted to Mr. J. Phillip Adams, President, Flying J, Inc., 50 West 990 South, Brigham City, Utah 84302; Mr. Mike Miller, Wieser Architects, 50 West 990 South, Brigham City, Utah 84302; Mr. James Rowland, ECOL Environmental, P.O. Box 12043, Aurora, Colorado 80012-3454; Mr. Michael T. Ruddy, Frederick County Department of Planning and Development, 107 North Kent Street, Winchester, Virginia 22601-5000; Mr. William Brennan, Harris, Smariga, and Associates, 41 East All Saints Street, Frederick, Maryland 22107; Mr. John S. Trenary, Frederick County Building Official, 107 North Kent Street, Winchester, Virginia 22601-5000; and this Office. V/'DHOF PART ME HEALTH Mr. R. Bradley Chewning Page 2 SUBJECT: Frederick County Sewerage - General (Flying J Travel Plaza) Enclosed is a copy of the engineer's letter of transmittal dated 6 September 1997 for your information. By direction of the State Health Commissioner. Sincerely, C. M. Sawyer, P.E., Director Division of Wastewater Engineering cc Flying J, Inc. - Attn: J. Phillip Adams Wieser Architects - Attn: Mike Miller ECOL Environmental - Attn: James Rowland Frederick County Department of Planning and Development - Attn: Michael Ruddy Hams, Smariga & Associates - Attn: William Brennan Frederick County Building Official - Attn: John S. Trenary Frederick County Health Department VDH - Lexington Field Office/97100102.doc 0 0 COMMONWEALTH of VIIRQIN1IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG. VA 22824-0278 October 8,1997 Ms. Denise Baker C/O Perry Engineering Company, Inc. 1945 Millwood Pike Winchester, VA 22602 Dear Ms. Baker: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984.5607 Ref: Flying "J" Travel Plaza Routes 669 & I-81 Frederick County Enclosed is your approved Land Use Permit #855-04168 to cover right-of-way improvements at the referenced location. Please ensure a copy of the approved permit assembly is kept at the job site whenever working within the Routes 669 and I-81 rights -of -way. I would also like to remind you of the need to erect and maintain proper traffic control in accordance with our Virginia Work Area Protection Manual. For your information the account receivable number for this project is 0245 8576. Any inspection costs we incur will be billed to you monthly. Please give Mr. Steve Melnikoff a call at (540) 722-3460 at least 48 hours in advance of the start of construction to arrange for any necessary inspections. If you have any questions concerning the permit requirements or during construction, please give me a call. RBC/ rf xc: Mr. S. A. Melnikoff Mr. W. C. Gochenour Mr. R. D. Hawkins Mr. A. R. Boyce Mr. Mike Miller Mr. Kris Tierney Sincerely, o 4 Robert B. Childress Transportation Engineer WE KEEP VIRGINIA MOVING • r7' cs` +y'� tam JJC _14: COMMONWEALTH of VlRQIN;IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG, VA 22824-0278 TELE (540) 984.5600 FAX (540) 984.5607 October 1,1997 Mr. 11'illi�,z:�. J. Brennan, Jr., P.E. C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill: Ref: Flying "J" Travel Plaza/ Whitehall Business Park (Zachary Ann Lane Items) Route 669 (Rest Church Road) Frederick County We have received the improvement plans for rough grading of Zachary Ann Lane between Station 10+00 and Station 21+68.25. Our review has been completed and we have the following comments as shown in red on the plan sheets. Sheet C-2 1. The radii at Route 669/Zachary Ann Lane intersection should be shown along with dimensions for the taper on the west side of Zachary Ann Lane. 2. Right angled distances and center line stations should be given and shown on the plans at each right-of-way break point. A standard VDOT RM-1 should be placed at each point by a certified land surveyor. The right-of-way line on the north side of Route 669 (west of Zachary Ann Lane) should be revised to reflect conveyance. Sheet C-3 3. The quadruple 36" culvert at Station 16+50 should have the existing headwall on the west end removed and replaced with Special Design End Section (Special Design Drawing #2045). The culverts also need to be extended to accommodate the 8' shoulder now proposed for Zachary Ann Lane. The proposed vertical extension is unacceptable to VDOT. WE KEEP VIRGINIA MOVING Mr. William J. Brennan Ref: Flying "J" Travel Plaza/ Whitehall business Park October 1,1997 Page 2 4. The proposed drain ditch over the quadruple 36 culvert has the potential of scouring and seepage over the culverts. A paved ditch should be provided to facilitate drainage flow over the culverts. An alternate solution could be to release the drainage as shown on the plans, the paved ditch could be avoided. However, some easement adjustment would be necessary. 5. The drainage easement should be hatched, stippled or shaded for easy identification, with dedication to Frederick County. We encourage continued cooperation with your office and the Rainbow Group toward achieving the standards required by VDOT in the construction of Zachary Ann Lane between Station 10+00 and Station 21+68.25. All miscellaneous comments shown in red on the plans should be addressed. Any changes in design features should meet or exceed the comments or standards. When you have addressed the above comments, please submit eight copies of the revised plans for review and approval. If you have any questions, please call. Sincerely, Barryl. iweitzer Trans. Roadway Engineer For: Robert B. Childress Transportation Engineer BJS/ rf Enclosure xc: Mr. R. B. Childress Mr. S. A. Melnikoff Mr. Kris Tierney Mr. Robert Pease • �i'V 111G I NI • COMMONWEALTH of VIRQIN DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE CONWISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 October 1, 1997 Mr. Robert P. Pease, P.E. 500 Mussleman Road Falmouth, VA 22405 Dear Robert: '984.5600 984.5607 Ref: Zachary Ann Lane Route 669 (Rest Church Road) Frederick County We have reviewed the revised site plans dated September 5, 1997 for the referenced project. It appears several issues still need to be addressed. We've been advised previously by you and Mr. Bill Brennan, designer of the Flying "J" Project, that VDOT concerns where the two projects join each other at Route 669 (Rest Church Road) would be addressed. Prior to acceptance of Zachary Ann Lane into the State Secondary Road System, all VDOT concerns and design standards should be addressed and declared satisfactory. Those concerns include: • Widening existing Route 669 to the west from Zachary Ann Lane intersection to the beginning of the taper, then proceeding to the end of taper at existing Route 669 pavement. • Construction of a standard VDOT road intersection at Route 669 and Zachary Ann Lane. • Increasing Zachary Ann Lane shoulder to 8', from the Route 669 intersection to Station 21+68.25 to match the remainder of Zachary Ann Lane. • Extension of the quadruple 36" R.C.P. at approximate Station 17 on Zachary Ann Lane and adding special design end section (Special Design Drawing #2045) on the west end of the culvert. The vertical wall as proposed on the Flying "J" plans is unacceptable. • On the latest plan submitted from your office, the storm drainage easements should be shown hatched, stippled or shaded to accent locations. Also dimensions should be shown in all drainage easement areas. A parallel and concentric 20' drainage easement should be dedicated beginning at the Route 669 intersection, extending along the entire east side of Zachary Ann Lane and around the cul- de-sacs to the property line at Fruit Hill Orchards, Inc. An easement should go to natural drainage onto Lot #8 from the flow arrow shown near Fruit Hill Orchard, Inc. All easements should be dedicated to Frederick County. The above items have been addressed in previous review letters dated 06/20/97 and 07/28/97, copies attached. Also, a part of the 07/28/97 letter were the master plan guidelines and proffers set forth by Frederick County regarding responsibilities of developers in these matters. WE KEEP VIRGINIA MOVING Mr. Robert P. Pease Ref: Zachary Ann Lane October 1, 1997 Page 2 The following concerns as shown in red on the latest plan submittal from your office should be addressed: Page 3 of 5 1. The proposed length of the 8'x4' triple box culvert at approximate Station 25+50 should be indicated. Standard BCT-10 (5' to 10' fills) with four Type I Wingwalls (modified 2:1 slopes to fit proposed 3:1 slopes) details should be incorporated into the plan. The box culvert should be plotted at the approximate location on the profile. a) Required Guardrail Over this Triple Box Culvert i) 50' Texas T-6 Guardrail on each side of roadway (Total 100') ii) 25' GR-2 at each end of Texas T-6 (Total 100') iii) 4 GR-7 (Breakaway Cable Terminal) An additional 3' of shoulder will be necessary to support placement of the guardrail. On the inlet (west side) of box culvert, permanent easement with dimensions as shown should be provided. Since a new channel appears to be shown, a temporary construction easement should be provided. On the outlet (east side) of box culvert, the proposed easement should be extended to VDOT Route 1-81 right-of-way. Sheet 5 of 5 2. An elevation profile (elevation at center line, edge of pavement and shoulder) should be provided for each drainage structure crossing roadway. A minimum 1' of cover should be maintained. We encourage continued communications within between area of Station10+00 sbtw the andStation 21+68.25 of Bill Brennan accomplish the required design standards Zachary Ann Lane and along Route 669. When these concerns and comments have been addressed, please submit five sets of revised plans for review and approval. If you have any questions, please call. Sincerely, 6 ZtAt� J. Sweitzer, Trans. dway EnL- BarryFor: Robert B. Childress, Transportationer BJS/rf Enclosures xc: Mr. R. B. Childress Mr. S. A. Melnikoff Mr. William J. Brennan, Jr. Mr. Joe Wilder Mr. Kris Tierney • • COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG, VA 22824-0278 TELE (540) 984-5600 FAX (540) 984-5607 September 29, 1997 Mr. William J. Brennan, P.E. Ref: Flying "J" Travel Plaza / C/O Harris, Smariga & Associates, Inc. Whitehall Business Park 41 East All Saints Street Route 669 (Rest Church Road) Frederick, MD 21701 Frederick County Dear Bill: We have reviewed the revised plats dated 09/24/97 for the referenced project. The proposed conveyances to VDOT appear to be satisfactory and are approved for final submission. With reference to a conversation between Bowers & Associates, P.C. and Mr. Robert Childress of this office, the adjusted limited access line adjacent to the south end of the SBL Exit Ramp should be re -identified for VDOT Plan Sheet 14C of Project #0081-034- 001, RW-203 and #0081-034-105, RW201. The point was formerly identified as being 40' right (north) of center line Station 29+90, Route 669 as shown on Plan Sheet 14C. This revision could be shown on the proposed composite right-of-way sheet. Other new break points should be shown by the same procedure, right angled distance from appropriate Route 669 center line stations. The points identifying VDOT right-of-way should be marked by VDOT Standard RM-1 and set by a certified land surveyor. If you have any questions, please call. Sincerely, Barry J. Sweitzer, Trans. Roadway ngineer F 5 1 7 , - For: Robert B. Childress, Transportation Engineer BJS/rf J s} xc: Mr. R. B. Childress ��oQ���a�. Mr. S. A. Melnikoff Mr. Kris Tierney-=; Mr. Randall C. McEntire w/ Bowers & Associates, P.C. WE KEEP VIRGINIA MOVING r • • COMMONWEALTH of VIRQQNIIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG. VA 22824-0278 September 29, 1997 Mr. Mike Miller C/O PDG, Inc. P. O. Box 678 50 West 990 South Brigham City, Utah 84302 Dear Mike: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984.5600 FAX (540) 984-5607 Ref: Flying "J" Travel Plaza Route 669 Frederick County, VA I am enclosing for your file a copy of an original executed agreement for the installation of a traffic signal at the referenced location. The agreement will go into affect on the opening date of the travel plaza and remain active for a period of five years. I have also enclosed a copy of our standard Planting Agreement B to cover the associated landscaping on the State's right-of-way. I would appreciate it if you would execute the agreement where indicated and return same to this office for approval. Once approved and executed by the Department, I'll return a copy of same for your file. If you have any questions, please feel free to give me a call. Sincerely, Robert B. Childress Transportation Engineer RBC/rf Enclosures xc: Mr. J. B. Diamond Mr. S. A. Melnikoff Mr. Bill Brennan �`c�i ���° ���a�� �ocel Sl_Z�S� WE KEEP VIRGINIA MOVING • • COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreement for the Installation of Traffic Signal WHEREAS, Flying "J", Inc. is constructing a travel plaza in Frederick County on the south side of Route 669 between Interstate 81 and Route 670 WHEREAS, during the traffic and engineering review of plans for this travel plaza to determine what traffic control measures would be necessary it became apparent based on traffic generation values provided by Flying "J", Inc. several of the warrants contained in the Manual of Uniform Traffic Control Devices for consideration of fully actuated traffic signal control were met at the I-81 and Route 669 on/off ramps as shown on the site plan for the Flying "J" Travel Plaza, and WHEREAS, it is recognized traffic projections were used in determining that signalization might be required and actual traffic conditions might vary which may influence the need for a traffic signal for a travel plaza of this size, IT IS THEREFORE AGREED: 1. The Department of Transportation will not require the developer to have a traffic signal installed as a condition of the initial entrance permit. 2. The Department of Transportation will secure actual traffic counts after the travel plaza is open. If at that time or at any time for a period of five (5) years after the travel plaza is opened the Department determines a signal is warranted based on the traffic volumes, or if a signal is determined to be needed for any other reason, such as accident experience, during that five (5) year period, a signal shall be installed. In this evert, 3. Flying "J", Inc. will pay for half (50%) of the design, materials and installation costs to provide a traffic signal at one on/off ramp as described above, the actual process of design and installation to be on an accounts receivable basis or under permit as may be agreed upon b Flying " " Inc. and the Department of Transportation at the Y �' P Y Y�gJ, P P time the need for a signal may be verified. 4. If the need for a traffic signal is verified, it will be designed and installed in accordance with Department of Transportation specifications and will become the property of the Department of Transportation upon completion. Agreement for the Installation of Traffic Signal - Page #2 - 5. Flying "J", Inc. will furnish a surety bond in the amount of $25,000.00 which is one half (50%) of the total estimated cost of a traffic signal at one on/off ramp, the bond to be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. Flying "J", Incorporated P. O. Box 678 Brigham City, UT 84302 By: Afxl(a /G�r,%L� (Signature) Title: Date: Virginia Department of Transportation P. O. Box 278 Edinbur VA 22824 By: (Signature -Res. Engr.) Date: 09/19/97 • PLANTING AGREEMENT B Mr. J. A. Copp Resident Engineer Virginia Department of Transportation P. 0. Box 278 Edinburg, VA 22824 Dear `ir. Copp 0 Date County Frederick (34) We, the undersigned wishing to cooperate with the Virginia Department of Transportation (hereinafter referred to as the Department), request permission to donate, install and maintain 20 Wm. Penn Barberry, 20 Densiformis Yew & 35 Crimson Pigmy Red Barberry Plants as described on the landscape plan prepared by Harris, Smariga & Associates, Inc. dated 08/18/97. Plantings to be located in SWQuadrantof I-81 & Rte. 669 Interchange. In requesting this permission, the following provisions are agreed to: 1. Any planting proposed shall be outlined clearly and a sketch of same made a part of this Agreement. 2. The applicant assumes the responsibility for the completion of the work outlined. 3. The applicant agrees to indemnify and save harmless the Depar'tment, the Highway and Transportation Board, and all its officers, agents and employees from -all suits, actions of claims of any character, name or description which might arise from the construction of work permitted by this Agreement. 4. It is understood that should any planting allowed under this Agreement become a traffic hazard, in the opinion of the Department, at its discretion the Department may remove such planting. 5. Applicant agrees to comply with all requirements of the Virginia Work Area Protection Manual. Name Flying "J", Inc. Signed by Title P. 0. Box 678 Address 50 West 990 South Brigham City, Utah 84302 Phone Number 801-734-6474 Recommend Approval: Dale Resident Engineer Approved: Dace District Environmental Manage_ COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG. VA 22824-0278 September 19,1997 Mr. William J. Brennan, P.E. C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill: ��i'JERRV A. COPP RESIDENT ENGINEER TELE (540) 954.5600 FAX (540) 984-5607 Ref: Flying "J" Travel Plaza / Whitehall Business Park Route 669 Frederick County This is to acknowledge receipt of your revised plans dated September 19, 1997 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right, -of -way. The permits will require a minimum processing fee, surety bond coverage and the salary & expenses of a State assigned Inspector. WE KEEP VIRGINIA MOVING Mr. William J. Brennan Ref: Flying "J" Travel Plaza / Whitehall Business Park September 19,1997 Paee #2 • Any signs to be installed will be in accordance with the attached. • Dedication deed and plat for required right-of-way for widening of SR 669 and at the northeast corner of the proposed Zachary Ann Lane intersection and necessary drainage and slope easements shown on the approved plans will need to be completed and provided to VDOT for review and approval prior to issuance of any permits by this office. • We have received eight copies of improvement plans for rough grading of Zachary Ann Lane from Station 10+00 to Station 21+68.25 which we will review and comment on at a future date. Any construction performed by your client pursuant to improving/building within the right-of-way of proposed Zachary Ann Lane, e.g. earthwork, roadway fill material, the quadruple 36" pipe, etc. will need to be brought into conformance with VDOT standards prior to acceptance into the State's Secondary System. Should you need additional information, do not hesitate to call. Sincerely, Barry J. Sweitzer, Trans. Roadwa Engineer For: Robert B. Childress, Transportation Engineer BJS/ rf Attachments xc: Mr. R. B. Childress Mr. S. A. Melnikoff (w/ 3 sets of plans) Mr. R. D. Hawkins Mr. Kris Tierney Mr. Rupert Werner, Perry Engineering Mr. Mike Miller, PDG, Inc. •Request For Site Plan Commen s Virginia Department of Transportation Mail to: Virginia Department of Transportation Atten: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 Hand deliver to: Local VDOT Office 1550 Commerce Street Winchester, VA (540) 722-3460 Please fill out the information as accurately as possible in order to assist the VDOT with their review Please attach four copies of your site plan with this sheet. • Applicant's name: Weiser Architects Address: 50 West 990 South Brigham City, Utah 84302 Phone number, 801-734-6507 • Name of development and/or description of the request: Flying J Location of development: Southwest corner of the intersection of US I-81 & VA Rt. 669. Virginia Department of Transportations Comments OT use only Date received 2`i Qto Incomplete Date reviewed V [t 44 Signature and Date Signature and Date (revision) Date revision received -7 Date approved Incomplete Date reviewed 91 i 8 ( Q -7 141, f.7 T;.-OSIDE SIGN ' i LZ-zSL OISTRICT S�EE� UNIT Ro--,SIDE SIGN SO I SUS:',ESS OR = _ AES:ENCE OISTRICT •+i ROADSIDE SIGN RURAL OISTAICT I I - -- - �- r •. r.0 fnO Vl:[�� WARNING SIGN WITH ADVISORY SPEED PLATE RURAL DISTRICT 5 T Oli 41 �� RC -SIDE ASSEMBLY Al r._L OI$TRICT a D15 0� IS:1�D ILGIN THE LINE OF TRAFFIC T `c •� y I �'1 e • r, j r o; OVERHEAD MOUNTING .. o ' { W.. • I Fgvrs 1-1. Height and lateral location of %;grrt—rypcal instvila-fioriz 'JA-9 Betty at 703 777-6975 te.Nomei Comm°"r level. LO pnahe rst p(tlee hosting at off feud services at the elementary es. All aCc RESPIRATORY s a pr srve. Endorsement required.$3334 Amherst St. comed. Call ' SPECIALIST NCWS av Salary $25.000-$38.800. 30 Business -investor based For application call WAITRESS anted, 665� The Respiratory Therapist community en- ygo-955 6100 START YOUR OWN Department of cur- tonal health sernc dependable, ma APPIY AMC kin a qualified pro COOkin VIDEO STORE rently has a Supervisor Cy see newt Cre will in_ to. Vivian Country QQ provide Your business 103 N. Loudoun St. Complete inventory and and full-time and also per fessional fr to P crease with a continuing541000 02- sitions available ated Positionadvertisingi program in the 667-7512 between 8 fixtures. Over 0-8T mov- diem Po Registered supervision and direction 11 am or 2 3.30pm ies. for Graduate or Reg roviding services classified section. Call VENDING ROUTE Respiratory Therapists n to stall P today and let one of our Waitatatt, Cooks & Local Area, Nice 2nd Inane our Departments. Ap- within our In HomelCom MUST SELL 1.8*240-4616 57 able to munity Based Services experienced representa Dishwashers ApPIY'n plicants must be tives give you all the infor- mon Manuel's & Wife _---- access patient needs n a program, serving children. 32 Money to Loan REFRIGE variety of semngs to in adolescents. and thane manors. 667 3200 Sid' Avoid Bankruptcy FREE Side -by clude acute. skilledsub- vo families. ssass assigning and mon RETAIL j p I3C1 / , lira_ automatic acute. and home piratory tong referrals. liaison debt consolidation app Water and and to develop tion with service. penser. E care plans. administer re with referovidi g some rn FLYING T 1 800$73 8207 and work care well asp Cost $16i habilitative respiratory AVOID BANKRUPTC and manage long term home direct services. $500. Call Position requires consider- 'rIZAVEL PLAZA Free debit consolidation ventilator patients. 2-5 able knowledge of child application with credit ser _-- years acute care exile b develop Approx. 1 RIGV is required. Sub development and effective ence Flying j Inc.. leaders in the Interstate Hospitality vices���-7c i� 40' uPe Fr acute expenence desired. family theraputic rnterven OF TOWN 540 We otter salary com- lions, with a combination y . g ern 18,000 sq. ft. OU'>< r res- Business, will soon be op eratin a Travel Plaza in All credit considered. Lo- _ mensurate with expenence of education and p o9 our area. We will ro rave i m blic. We are look for over 11 nsible expen- Y het us open this tally owned and a generous benefits sivelyence respo ears. Programs to fit most 60 BUII in for experienced ersonn p any borrower- Up to 125% 3t facility catering to t e trove in package. which includes ence demonstrating ability come loin the.W�nners. Y vacation, sick leave, meth to effectively perform es B functions. U- new facility. financing available for New cal & dental insurance and sential lob positions available: mortgage loans. 100°'° 40x60x1: educational assistance. tensed or license eligible purchase programs for balance as LPC- For further information call cholog stLCorw Psychiatric psY . Cashiers•. ! ]I qualiModnb� borrowers. 50x100x 540-932-4702 or nurse required required >�IIIit balance . 540-332-4702 or Competitive salary and . Niaintena>t►C. ; 665-2700 60x200x submit a resume to benetIts. Position is based LOANS & DEBT CONSOL balance Augusta Medical Center rides cgpp .titive salaries and excel Bad credit okay. Call in Winchester Administra Flying I p lion office, with travel in lent beneCitsto (ticltid� Health Insurance, Pensio - Human Resources Dept. 1 and much more. 1-8 00 257 5854 ext. 333 96 Medical Center Drive service district. profit Shari'Q MORTGAGE LOANS 61 Fishersville, VA 22939 A completed agency em- ly nt: Wan mosrapp , 1st and 2nd, consolidation RETAIL SALES ployment application and Qualified app problems tin any application Travel Plaza loans, credit P HAMBL Apply in person at additional aPP Flying T derstood. Gudica* er materials must be received Equ;h Plus Programs medico John S. Solenber9 postmarked by Novem- litter. 5 832 Berryville Ave. or Po Applications 1530 Rest Church Rd. Contact 722 5000i T bar 19. 1997 T RETAIL and additional infor information Clearbrook. VA 22624 may be obtained by g 1-81, Exit 323 MORTGAGE LOANS 6- D The GAP is looking for 540_667.8892 or at the ad Apply from * Purchase * D Ci dress below Refer to post 3:30 pm 1r pert -time sales associates. lion 8:30 am - d Refinance * 1 i/z cc +r 041 Ja stock and maintenance Monday -Fri ay personnel Prefer moming. C�1 UM122 Programs to fit almost 1/2 c n and weekend Equalopp)KumrvEmplover borrower. afternoon Pike Testing Aegwred any availability. Previous exile- 155 from, �� pM.eniplm'ment prvg - 11imchmmt■r. VA 27627 BRECKENRIDGE Jer? hence dewed. APPIY in MORTGAGE Johi Person at our Apple tot___ Blossom Mall Location. --- N�E 54p-062-0348 Seas Chat, MAINTENA80"CUtdF Josh SECURED AN load matt DIRECTOR SECURED AND Adan l` UNSECURED LOANS Mike ELECTRICAL �� EQUIPMENT Loans from $500 to $6000 Sea`: Heritage Hall has a Maintenance EquityPlus Programsload. COMPANY call 722 soon Director position available to over- tor more information SEA a full manage the maintenance 90% Electrical Equipment Companyl see and 9 or all duties WANToCdASe CASH?We treustPor erea �' distributor, is looking program. Performs any ured — Ste... line Allen Bradley plumbing, mortgage notes sec wait Ch�rti concerned with electricity, P heat- by real estate. why 4 c for enthusiastic, career minded individu ant mechanics, on ayments when yap $19 Wayne als to join us in our Fredericksburg painting, carp ry. tore Daniel can aye cash ? (-all branch opening in November. Interviews P department Cambridge I for the following: ing, cooling and water systems. This . to be held locally is a hands-on working manager position. Garden, �, INSIDE SALESPERSON Must have high School diploma or 0 , 0 , ; Hourly wage plus commission p equivalent. Must have engineering/ � ackage sneering/ players to 41 Farm Equipment We're looking for enthusiastic play trade schooling in one or more of the For Sale our Duality Team. major trades. Benefits include Health/Life/ aid On Vacation,NEW AND USED If you're a people Person, looking for Holidays, 401-K. Tractors & farm machinery growth, call us at 1-800-993-3326 for Dental Insurance, Tractor chains. ANDERSON more nformation. You Can mail or Fax For consideration, send resume EQUIPMENT SALES your resume to: to_ Gore, va. (5,40) 858-2803 Equipment Company Administrator 42 Farm Products Electrical a Hall APPLE - 16 varieties. P.O.BOX 2756 VsHeritage Cider, plums, tomatoes,um kins, eggs, I Virginia 22604 Rd. turn Ps, P p Winchester, 400 W. Strasburg baked goods, etc. 22630 Freight Station Fax (540) 678-8707 Farmers Market - Front Royal VA 315 W Boscawen Street per hour. Fax resume: lawn care. etc. ►behth benefits Call 662-3151 PROFESSIONAL TECHNICIANS WANTED Join Our Lift Truck Team We're #1 BENEFITS. -industrial Leacer in pay & benefits • Futulamiln Growlrig compar, QUALIFICATIONS. Experience a plus in any of the following: • Lift Trucks • Farm Equipment • Heavy Equipment • Electric SCR Systems Send reSJrre m conwence !o Personnel Department POTOMAC INDUSTRIAL TRUCKS, INC. P.tJ. BOX 940 STEPHENS CrrY. VA 22655 RESTAURANT Cleaners Wanted Daytime. 3-D Cleaning to Ing applications. 662-7205 CLEANERS 10pm-6am, Front Royal & Winchester areas 5-7 days/week. Call 9am-2pm 800-242-8922 CLERK NEEDED Must be 21, reliable, re- sponsible. We provide ex- cellent benefits and pay Apply at Red Apple In Winchester or call 540-662-7740 CONSTRUCTION Job site foremarvdirt fore. man 35 year old growing Construction Company lo- cated in Northern VA. Health benefits available 5 years experience neces- sary Call Raymond R. Riley Excavating & Construction, Inc. (540)-338-4324 EOE -- -, ;a Classes to be field at: Dowell J. Howard Center Winchester, VA Shippers Choice of Virginia For information: :11 DRIVER for propane delivery truck. CDL and good driving record required. We offer excellent benefits including 401 K and profit sharing. Call or send resume to HOLTZMAN PROPANE 160 E. King Street Strasburg, VA 22657 540-465-9200 1013of 97 The Country Market Will soon be opening at the FLYING J TRAVEL PLAZA on 1530 Rest Church Rd.. We are looking for high energy, friendly and enthusiastic guest oriented personnel to fill the following positions: • Buffet Servers • Waiters/Waitresses • Line Servers • Bakers • Carvers • Hostesses • Cooks • Deli Prep • Buffet Cooks is Cashiers The Country Market Restaurant & Buffet offers competi- tive wages and excellent benefits to include: Health In surance. Pension/Profit Sharing, 401(k), Paid Vacations and flexible schedules. Restaurant experience is helpful but not required. Qualified applicants must apply in person at: The Country Market Restaurant & Buffet 1530 Rest Church Rd. Clearbrook, VA 22624 1-81, Exit 323 Apply from 8:00 a.m. - 4:00 p.m. liqual Opporfunify Fintpiter Pre.emplm menf 17niq Temng Required tlOn. COnfacY J.B. snow. & Son, sterling.VA 703-450-2340 Drywall Hangers and Finishers Experienced only nc apply Must have c transportation Call Dt Henson 540-869-4098 Earn Your CHRISTM MONEY NOWI $6lHour GUARANTEED' 0 Evening shifts. Only M vated/Hard workers appl Call now: 540-665-4186 (ext 100: Electrlc,ans BUHL ELECTRIC Cc pany is seeking Electric Helpers in our Sterling, enna and Manassas fices. Take advantage this opportunity now. D miss out'!! Please call Sterling 1-800-704-032 Vienna 703-242-092f Manasass 703-369-75 OEOE Elr F'CTMCIAN£ Local electrical contra seeking experienced, q ified electricians with IT ters licenses in VA - WV. Office located in V chester, VA. Looking hardworking, "team F ers Great pay and r efits. Call 1-800-899-CP ELECTRONIC SECUR ALARM TECHNICIAN For growing local c pany, experienced. Knr edge of Radionlcs, Napco, Moose, D Ademco, DCJS Licer helpful. Benefits Inc medical insurance, yr lion, holidays & above erage wages based or perience. 800-903-31 or 540-955-3151 0oii* Business to bu! ComputerLand Winc able immediately Department for a Ne The qualified cans understanding and working, network d DOS, MS Window years previous exl include work with n, shooting, Novell Microsoft MCSE is h Send your resume confidence to: Com, Attn: K 22 Rick( Winch Internet: eMail: re, URL: v Fax:540-667-7988 Compute FLyIN c� wavte w�c,� - f"JMIL� p � - 4COUNTY of FREDERIL- • Department of Planning and Development • 107 North Kent Street • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/678-0682 FAX TO: :�;IL-U gRErutyArJ COMPANY: NgRR�S, _SMs�R� �a AS5oc.' FAX4: o6 Remarks: � I L-L : Date: f ► l r Number of Pages (including cover sheet) 3 ENc LoSED 1 5 ou R Fow" LETTEiz or' C ieEp,T q�rzeeMcN i 1570 R yv ('t P u S4!�. 'qr'j r�'}TE Or �1 ti C 1 HA5 369-0 CSrAL3c-tSHE0 rot -r-H6 CoNIPc_E-rjoN or I-LlL- n/ECESSA2Y It-l�<0VE"6IQ7-5 f}S I MEtirtonJED t"J C(AR PHONE C,crn�vEQSArcaTv� I �c5o M EC D F-L v 6-5 ETS or -rH c 5 r TE P c--4 Fme �� ►., s� L PrPP► 0VA�L • 09y(-0u5c..y , THESE r`tusT f3E �1PPQovE� B (5' o �2 6 -'9 N y Si -re I ►v 5 PE C Tt O" s C A ►.i PC, A C L. TLEs1SE CAC(_ i4�- you HAv6 A y 0utES"r10N5 From the desk of:i�tE �u Dpy • E IRREVOCABLE LETTER OF CREDIT BANK AGREEMENT BENEFICIARY: PERMITTEE: Treasurer, County of Frederick 107 N. Kent Street Winchester, VA 22601 DATE OF ISSUE: EXPIRATION DATE: ISSUING BANK ABA NO.: We hereby issue our Irrevocable Letter of Credit No. County of Frederick, Virginia, for the account of successors or assigns for a sum not exceeding AMOUNT: ISSUING BANK: ADDRESS: in favor of the Treasurer, its agents, U.S. dollars ($ ) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed by the Zoning/Subdivision Administrator or an authorized represents-tive, stating that has not satisfactorily completed the construction of, and/or satisfactorily maintained, all physical improvements that includes, but is not limited to, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, drainage systems, designated open space and other required improvements located in or on , the approved subdivision or site plan. A statement signed by the Zoning/Subdivision Administrator or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Subdivision Ordinance, and/or Chapter 165, Zoning Ordinance, of the Frederick County Code and pursuant to the agreement of the Subdivider, Developer, or his agent to comply with said ordinance as a condition of the approval of the subdivision or site plan to the satisfaction of the Zoning/Subdivision Administrator." We hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect until June 1, 1998 and shall be automatically extended for additional terms of six (6) months from the present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing by certified mail, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up to the full amount of the sum when accompanied by a document stating that has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow, and a document stating that "The drawing will be held by the County for the sole purpose of providing for the completion and/or maintenance of the site plan and/or subdivision requirements to the satisfaction of the Zoning/Subdivision Administrator or his authorized representative." This credit shall be terminated upon the Zoning/Subdivision Administrator or his authorized representative giving written release to (Permittee or Developer) stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subject site plan or subdivision. Attest: Authorized Signature Typed or Printed Name Title Pile: O:\LANDUS— I \APPLIC—I \CRE-DITPJ.2LT' ft • • Z��3`l�"fib MEMORANDUM DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE SUBJECT: Plans and Specifications for Sewage Treatment Facilities TO: Water Permits Manager FROM: B. Keith Fowler DATE: October 28, 1997 COPIES: M. Miller (Wieser Architects) J. Rowland (ECOL Environmental) W. Brennan (Harris, Smariga, & Associates) J. Trenary (Frederick County Building official)*— VDH-Lexington BKF/Correspondence File Prc�ect Name: Plans and specifications revisions Pre sec- Owner: Flying J, Inc. Prc�ec_r_ Scoce: These revised plans identify the outfall location as acproximately 320 feet downstream from that identified in the originally approved plans. Prey ous Acencv Act VPDES Permi:: No. VA0089214 was issued on Acri_ 2, 1995. Pans and specifications for the aTP constructicn were approved on A,:g,-st 18, 1997. ^` Hea' Ac- S..arc Comments: STAFF R= MEN:A :ONc By letter dated October 14, 1997, the Virginia Department of Health recommended approval of the plans and specifications revisions. These revisions were submitted at the owner's initiative. The staff recommends that the plans and specifications be approved.ied in the VDH letter. �� NOV 0 3 1997 Iy,t1 l.fy" COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY George Allen Governor Valley Regional Office Becky Norton Dunlop Street address: 4411 Early Road, Harrisonburg, Virginia 22S01 Seaaary of Natural Resources Mailing address: P.O. Box 1129, Harrisonburg, Virginia 22301.1129 Telephone (540) 574-7800 Fax (S30) 574.7878 http: /www.deq.slale.va.us October 28, 1997 Mr. J. Phillip_ Adams, President Flying J, Inc. 50 West 990 South Brigham City, Utah 84302 Re: Flying J STP Out -fall Construction Revisions Dear Mr. Adams: Thomas L. Hopkins Director R. Bradley Chewning, P.E. Valley Regional Director The referenced plans and specifications revisions are approved. This action is in accordance with the enclosed memorandum dated October 28, 1997, and a letter from the Virginia Department of Health recommending approval of this project. This document constitutes your Certificate to Construct as required by Section 2.04.04 of the Virginia Sewerage Regulations. As the owner of these facilities, you will be required to comply with the following sections of the Virginia Sewerage Regulations: Section 2.05 (Statement Required Upon Completion of Construction) and Section 2.06 (Issuance of the Certificate to Operate). The Department of Environmental Quality approval does not relieve you of your responsibility to: 1. operate the facility in a manner to consistently meet the facility's performance requirements, 2. ccrrect design and/or operation deficiencies, or 3. ccr.oly with all other applicable laws and regulations. An Agency of the Natural Resources Secretariat • • Mr. J. Phillip Adams October 28, 1997 Page 2 If you have any questions, please contact B. Keith Fowler of this office. Sincerely, -% ec-7t,14- S61'1�� iir ctor Department of Environmental Quality Enclosure CC: M. Miller (Wieser Architects) J. Rowland (ECOL Environmental) W. Brennan (Harris, Smariga, & Associates) J. Trenary (Frederick County Building Official) VDH-Lexington BKF/Correspondence File a 9 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fat: 540/ 678-0682 September 22, 1997 Mr. Mike Miller Wieser Architects 50 West 990 South Brigham City, Utah 84302 RE: Flying J Travel Plaza Site Development Plan - Zachary Ann Lane Dear Mike: Recently, several inquiries have been made to this department concerning the dedication of the Zachary Ann Lane road right-of-way to Frederick County. As you are aware, Zachary Ann Lane is the sixty (60) foot right-of-way located on the property of Flying J that provides access to the remainder of the Whitehall Business Park. I would like to take this opportunity to clarify Frederick County's position regarding the dedication of Zachary Ann Lane in addition to summarizing the status of the Flying J project to date. Ultimately, Zachary Ann Lane is to be built to VDOT standards for future acceptance into the State system. Frederick County will only accept the dedication of any portion of Zachary Ann Lane for future acceptance into the State system if the construction of the road has been completed to VDOT standards or bonded. Before a Certificate of Occupancy will be issued for the Flying J travel Plaza, Zachary Ann Lane must be graded or bonded to the limits of Phase 1 of the Whitehall Business Park (as established on the site plan for the project and the approved Master Development Plan). This grading should be of a standard which would enable acceptance by VDOT once the appropriate surface treatment has been applied. In addition to the construction or bonding of Zachary Ann Lane, Frederick County will also require dedication of Zachary Ann Lane to Frederick County prior to &viance of a certificate of occupancy for the travel plaza. The issue of responsibility for the construction/bonding of Zachary Ann Lane is a pfivate matter between Rainbow Group and Flying J. Frederick County's only concern is that the necessary improvements described above are completed, in accordance with VDOT standards, prior to a Certificate of Occupancy being issued, and prior to dedication to the County. 107 Mirth Dent Street - Winchester, Virginia 22601-5000 Flying J Site Plan Review Page 2 September 22, 1997 With regards to the status of the site plan, site plan approval has been received from the Frederick County Inspections Department, County Engineer, and Fire Marshal. At this time, site plan approval has not been received from the Virginia Department of Transportation. Until this approval has been received, final approval of the site plan by the County will not occur. The building permit was issued for this project (allowing construction to commence) with the understanding that all of the reviewing agencies' concerns would be satisfied prior to obtaining a certificate of occupancy for the travel plaza. A letter dated April 2, 1997, to yourself, clearly identified this stipulation. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy Planner II MTR/cc cc: Kris Tierney, Planning Director John Riley, Jr., County Administrator Ed Strawsnyder, Director of Public Works Bob Childress, V.D.O.T. Winter DeLaMar, PDG Inc. Bill Brennan, Harris, Smariga & Associates, Inc. The Rainbow Group U:\,UIKE\COAIMOMSf1E.RE V\FLYISL\C.LEP COM 'ONWEALTH of VIRQiII` 1A DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COWAISS10NER P.O. BOX 278 EDINBURG, VA 22824-0278 September 15,1997 Ms. Denise Baker C/O merry Engineering Company, inc. 1945 Millwood Pike Winchester, VA 22062 Dear Ms. Baker: JERRY A. COPP RESIDENT ENGINEER TELE(540)984.5600 FAX (540) 984.5607 Ref: Flying "J" Travel Plaza Route 669 Frederick County We have received your Land Use Permit Application No. 20145 for the referenced project. Before this permit can be processed the following items will need to be accomplished: 1. The plans will need to be approved. 2. The right-of-way dedication needs to be recorded and a copy forwarded to this office. 3. Your bond will need to be increased to $400,000 to cover the amount of work your company has in progress. (You may want to increase the bond to $500,000 to cover the Food Lion Project in Mt. Jackson.) Should ;you have an, questions, please do not hesitate to call Sincerely William C. Gochenour Hwy. Permits & Subd. Specialist Sr. �����c�U; WCG/rf p j s 1'° xc: Mr. R. B. Childress Mr. S. A. Melnikoff `C" �c Mr. Kris Tierney ® vN ,4 WE KEEP VIRGINIA MOVING • Ioc,w/� 14r 1' `�, V g101i7� COMMONWEALTH of VIRCiINIA J DEPARTMENT OF TRANSPORTATION `GC- _ v, ?' EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE 6` ERRY A. CD COVYISS OVER P O. BOX 278 EDINBURG, VA 22824.0278 ER I 84.5600 FAX (540) 984.5607 September 2, 1997 Mr. William J. Brennan, Jr., P.E., Proj. Mgr. Re: Flying "J" Travel Plaza/ Harris, Smariga &- Associates, Inc. Whitehall Business Park 41 East All Saints Street Route 669 Frederick, MD 21701 Frederick County Dear Bill: We have received the partial set of revised plans dated August 18, 1997 for the referenced project. We have the following comments as shown in red on the plan sheets or on attached letter size copy: 2. The second item in our comment letter dated 07/28/97 indicated the need for a construction easement due to revisions done earlier. The easement should be secured due to construction activity going outside the right-of-way as shown on Sheet C-13. 3. On 06/20/97 Comment Letter: Since the Flying "J" development will be sending storm water onto the Zachary Ann Lane project, either an adequate pipe culvert 40' long or an open channel should be provided. The entrance should be Standard PE-1, a copy of which was provided to your office with our 07/28/97 letter. 11. On 06/20/97 Comment Letter: The proposed C.M.P. should be C.M.P.A. (arch) and should be asphalt coated, have ES-3 end sections (copy attached), provide invert elevations and flow arrow. Item 17 of vour letter dated 08/25/97 will be addressed by Mr. R. B. Childress of this office in the near future. Item C (letter size copy): The drainage easement required should be shown on the Flying "J" plan. We will need dedication prior to Zachary Ann Lane being accepted into the State's Secondary Road System. WE KEEP VIRGINIA MOVING • Mr. William J. Brennan Ref: Flying "J" Travel Plaza / Whitehall Business Park September 2, 1997 Page 2 These comments will need to be addressed prior to issuance of a VDOT land use permit. When these comments have been addressed, please submit eight complete sets of plans for review, approval, and issuance of the land use permit. Should you have any questions, do not hesitate to call. Sincerely, eitz 41 w Trans. Roadway Engineer For: Robert B. Childress Trans. Permits &. Subdivision Specialist Supervisor BJS/rf Enclosures xc: Mr. R. B. Childress Mr. S. A. Melnik off Mr. Kris Tierney P�m a design build company BRIGHAM CITY, UTAH August 28, 1997 Mr. Michael T. Ruddy Planner I County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22604 Dear Mr. Ruddy: PDG INC. changed the design on the truck parking lot and car parking lot to the present specifications shown on civil drawings. We accept full responsibility for the parking lot. Sincerely, Gary Carstensen Project Manager GC:bg 50 WEST 990 SOUTH, P.O. BOX 678, BRIGHAM CITY, UT 84302 OFFICE (801) 734-6473 FAX (801) 734-6580 0 • 1 C ofvt C -r n,/ U rn�0�in v� e 1 a✓l/V� (UY S . s�(Alc 5 (4dL 1 a 4 (r (y tA�ti-, o"CEZ 01 ►'''v�(�c��v��,,.bvi,� tom. f"�v� COMMONWEALTH of VJRQ1N1A DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824.0278 August 26,1997 Mr. Rupert W. Werner, P.E., President Perry Engineering Company, Inc. 1945 Millwood Pike Winchester, VA 22602 Dear Mr. Werner: JERRY A. COPP RESIDENT ENGINEER TELE(540)984.5600 FAX (540)984.5607 Ref: Flying "J" Travel Plaza Route 669 Frederick County In accordance with your August 25, 1997 letter, your request to rescind your temporary construction entrance permit for the referenced project is granted. We will be contacting the general contractor immediately concerning the issuance of a replacement permit. I personally plan to visit the site today to determine the permit requirements. Thank you for alerting us about your concerns. Sincerely, Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/ rf xc: Mr. S. A. Melnihoff ✓ q Mr. W. C. Gochenour ` `.�, v C� Mr. A. R. Boyce Mr. R. D. Hawkins Mr. H. E. Strawsnyder UFO 4 WE KEEP VIRGINIA MOVING MEMORANDUM DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE 4411 Early Road - P.O. Box 1129 Harrisonburg, VA 22801 SUBJECT: Plans and Specifications for Sewage Treatment Facilities TO: Water Permits Manager FROM: B. Keith Fowler � DATE: August 18, 1997 COPIES: J. P. Adams (Flying J, Inc.) M. Miller (Wieser Architects) J. Rowland (Ecol Environmental.) W. Brennan (Harris, Smariga, & Associates) M. Ruddy (Frederick County) J. Trenary (Frederick County) VDH-Lexington BKF/File Project Name: Sewage Treatment Plant Project Owner: Flying J, Inc. Project Scope: STP construction, as described in the Health Department's letter Design Basis: This project has been designed for an average flow of 0.022 MGD and to comply with the effluent limits specified in VPDES Permit No. VA0089214. Previous Agency Action: VPDES Permit No. VA0089214 was issued on April 2, 1996. Virginia DeDartmen of Health Action: By letter dated August 1, 1997, the Virginia Department of Health recommended conditional approval of the plans and specifications. Staff Comments: The staff concurs with the conditions specified in the VDH letter. Although the VDH letter refers to the STP as having a design capacity of 0.020 MGD, VDH staff has agreed that the design for this facility is adequate to treat an average flow of 0.022 MGD. STAFF RECOMMENDATIONS: The staff recommends that the plans and specifications be approved subject to the conditions specified in the VDH letter. f v 'f4na COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Thomas L. Hopkins George Allen Governor Valley Regional Office Director Becky Nortoa Dunlop Street address: 4411 Early Road, Harrisonburg, Virginia 22801 R. Bradley Chewning, P.E. Secretary of Natural Resources Malthigaddress: P.O. Box 1129, Harrisonburg, Virginia 22801.1129 Valley Regional Director Telephone (540) 574-7800 Fax (540) 574-7878 hltpV/www.deq.slate.va.us August 18, 1997 Mr. J. Phillip Adams, President Flying J, Inc. 50 West 990 South Brigham City, Utah 84302 Re: Flying J STP Construction (Frederick County) Dear Mr. Adams: The referenced plans and specifications are conditionally approved.- This action is in accordance with the enclosed memorandum dated August 18, 1997, and a letter from the Virginia Department of Health recommending conditional approval of this project. This document constitutes your Certificate to Construct as required by Section 2.04.04 of the Virginia Sewerage Regulations. As the owner of these facilities, you will be required to comply with the following sections of the Virginia Sewerage Regulations: Section 2.05 (Statement Required Upon Completion of Construction) and Section 2.06 (Issuance of the Certificate to Operate). The Department of Environmental Quality approval does not relieve you of your responsibility to: 1. operate the facility in a manner to consistently meet the facility's performance requirements, 2. correct design and/or operation deficiencies, or 3. comply with all other applicable laws and regulations. An Agency of the Natural Resources Secretariat 1 4 1 • • Mr. J. Phillip Adams August 18, 1997 Page 2 If you have any questions, please contact B. Keith Fowler of this office. Sincerely, Director Department of Environmental Quality Enclosure CC: M. Miller (Wieser Architects) J. Rowland (Ecol Environmental) W. Brennan (Harris, Smariga, & Associates) M. Ruddy (Frederick County) J. Trenary (Frederick County) VDH-Lexington BKF/File • • CUvi1U ONV✓EALT1-i of Vile IIN'i.'� EDINBURG RESIDENCY DAVID R. GEHR 111011 nl D VAI I FY PIKF com ISSIONLR P O BOX 278 EDINBURG. VA 22824-0278 July 7, 1997 Mr. William J. Brennan, Jr., P.E. C/v Harris, Smariga & rkssociates, Inc. 41 All Saints Street Frederick, MD 21701 Dear Bill: JFRRY A COPP TELE (5,10) 984�5600 FAX (540) 984.5607 Ref: Flying "J" Travel Plaza F,3ute 669 Frederick County As we discussed today by telephone, the plan sheets numbered 13, 14, and 14C, covering the Virginia Department of Transportation right-of-way adjacent to the referenced project, are attached. Please note the right-of-way along the ramp in the northwest quadrant of the interchange is not shown in the broad ban as "Posted," however, it is the posted VDOT owned right-of-way. If you need additional information or if I can be of further assistance, please call. BJS/rr Enclosure xc: Mr. R.B. Childress Mr. S.A. Melnikoff ♦ T- iJ..:- T:, Mi . iu is I terncy Sincerely, Barry J. eitzer Trxis. D:,a'-.raJ En sneer For: Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor WE KEEP VIRGINIA MOVING DAVID R. GEHR COMMISSIONER t - COMMONWEALTH of V1RQ1NtA DEPARTMENT OF TRANSPORTATION- EDINBURG RESIDENCY �1 p 14031 OLD VALLEY PIKE A flY A. COPP P.O. BOX 278 £SIDENT ENGINEER EDINBURG, VA 22824-0278 TELE (540) 984-5600 FAX (540) 984.5607 September 3,1997 N-fr. William. Brennan C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill: Ref: Whitehall Business Park / Flying "J" Travel Plaza Routes I-81 & 669 Frederick County I am returning the signal agreement you recently provided for the referenced project. The agreement is unacceptable due to the fact it is on facsimile copy paper, it hasn't been fulldated b the Flying " " representative, and the second page of the Y Y Y� g 1 P � P g surety bond is missing. Additionally, in our August 4, 1997 letter to you we asked that two copies of the agreement being executed and returned. I am providing to you a copy of our previous letter, two copies of an original agreement and original bond form. Please have the originals executed and returned. If you have any questions, please let me know. Sincerely, 6ayz 4441� Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/ rf Enclosures - Copy of Letter Dated 08/04/97 Two Original Signal Agreements Bond Form MP-20 Previously Submittal Signal Agreement & Bond Form xc: Mr. S. A. Melnikoff Mr. Kris Tierney WE KEEP VIRGINIA MOVING i+ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 To: John S. Trenary, Building Official From: Michael T. Ruddy, Planner II .11_� Subject: Flying J Building Permit Application 0001071-97 Date: July 29, 1997 On July 24, 1997, Building Permit 0001071-97 was issued to DMS Sign Connection of Mt. Airy, Maryland, for the construction of numerous signs on the property being developed by Flying J. Since the time zoning approval was given on June 26, 1997, the building permit has been changed. One additional sign, the hi -rise freestanding business sign, was added to the permit. This hi -rise sign, at five hundred (500) square feet in size and sixty-seven (67) feet high, does not conform to current zoning regulations and should be removed from this permit immediately. Please contact me if you have any questions regarding this memorandum. 107 North Kent Street - Winchester, Vir-inia'_2601-5000 • al 0 0 COMMONWEALTH of VIIRQIINiIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 August 27,1997 Mr. William J. Brennan, Jr., P.E., Project Manager Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill: JERRY A. COPP RESIDENT ENGINEER TELE (540)984.5600 FAX (540) 984-5607 Ref: Flying "J" Travel Plaza / Whitehall Business Park Route 669 Frederick County As discussed earlier this week, I am enclosing a copy of our standard RW-72 right-of- way deed. This instrument should be used as a guide by the Flying "J" company's attorneys when preparing their right-of-way dedication deeds. I strongly suggest once the attorneys have prepared the deeds, drafts be forwarded to us for review. If you have any questions or need additional information, please let me know. RBC/rf Enclosure xc: Mr. S. A. Melnikoff Mr. Kris Tierney Sincerely, Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor WE KEEP VIRGINIA MOVING COMMONWEALTH of `v1IR(QdNiIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 August 27, 1997 Mr. Gary Carstensen, Project Manager C/O PDG, Inc. 1530 Rest Church Road Clearbrook, VA 22624 Dear Gary: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984.5600 FAX (540) 984-5607 Ref: Flying "J" Travel Plaza Route 669 Frederick County In accordance with your request letter dated August 26, 1997 you are given permission to install a temporary construction entrance at the referenced location. This letter is to be considered your permit to do so. The following provisions will be required: • Work area protection signage is to be in accordance with the current Rork Area Protection Manual while working on the right-of-way. • All work on the right-of-way is to be confined to the temporary entrance location only. • A minimum 6" depth of VDOT #1 (2-3 inch stone) course aggregate by 30' in width will be required. It is to be placed from the edge of pavement and extended back onto private property far enough to prevent the carrying of mud onto the roadway. • Positive drainage is to be maintained within the right-of-way at all times. • Any disturbed areas of the right-of-way or damages to the pavement structure adjacent to this entrance will be repaired by you to our satisfaction. • This permit is being issued for 180 days. • All work is to be completed in accordance with the enclosed Virginia Erosion & Sediment Control Handbook, Specification 3.02. • Any operations which require the flagging of traffic shall be performed by flag persons certified in accordance with our specifications. The Department of Transportation will not be held liable for suit should such result from this operation nor is it granting permission to grade on the property of others or disturb underground utility linesi�—,Tf-ffe ;above listed items are not followed this permit may be revoked. ^ Should you have any questions, please let me know.- e Sincerely, Robert B. Childress Permits & Subd. Specialist Supervisor RBC/rf Attachments xc: Mr. S. A. Melnikoff, Mr. R. D. Hawkins, Mr. A. R. Boyce, Mr. H. E. Strawsnyder, Mr. Kris Tierney WE KEEP VIRGINIA MOVING • 0 Hanis, Jhc. Planners/Engineers/Surveyors 41 East All Saints Street/Frederick, MD 21701 (301) 662-4488, FAX (301) 662-4906 July 16, 1997 Mr. Robert B. Childress Virginia Department of Transportation Commerce Street Winchester, VA Subject: Flying J Travel Plaza Whitehall Business Route 669, Frederick County, Virginia HSA Job No. 6552-0-FLYJ Dear Mr. Childress: The following revisions have been made to the Road Widening Plans for Route 669. Our comments reference your letter of June 20, 1997. Sheet 2 of 16 Our Plans do not reflect any type of design for Zachary Ann Lane. Based on our previous meeting, the design for the roadway will be the responsibility of the Rainbow Group. 2. A 10 foot level space has been provided at the back of curb on the north side of Route 669. This larger flat area helps reduce the impact to the existing utility poles. 3. Our widening terminates at our property line and the drainage from the roadway crosses future Zachary Ann Lane with a ditch section. We have performed velocity computations on the ditches and have determined that riprap is not warranted. 4. I have identified the limits of fence removal and replacement. The ROW is shown. 5. Added note concerning obtaining permit prior to performing work in the I81 ROW. Mr. Robert B. Childress • July 16, 1997 HSA Job No. 6552-0-FLYJ Page 2 Sheet 4 of 16 6. Added notes as requested. Sheet 9 of 16 7. Added additional details. See Sheet 9A. Sheet 11 of 16 8. Added the word "temporary" to the stone check dam listing. 9. Zachary Ann Lane is not being installed under this contract. 10. See Note No, 9. 11. Culvert has been identified. See previous computations for the percentage increase in flow. 12. See Note No. 9. 13. Revised the widening section. Please note that a 10 foot flat area was provided to prevent a conflict with the existing utility poles. 14. Revised Paving Section as requested. 15. Complied. Also, add an alternate as discussed at the meeting. 16. Zachary Ann Lane improvements are not to be built under this development. 17. Will comply. Please forward documents. 18. See responses on the review plans. Mr. Robert B. Childress • July 16, 1997 HSA Job No. 6552-0-FLYJ Page 3 If you have any questions or require additional information, Very truly yours, William J. Brennan, Jr., PE Project Manager WJB/c1j;letters/65520716.doc Enclosures 3 copies, 1 set review prints cc: Winter DeLaMar/PDG, Inc., w/ 2 copies Gary Cartensen/PDG, Inc., w/4 copies c Mike Ruddy_/Frederick_County, w/-1 _eo.py Robert Pease/Ebert & Associates, w/1 copy • leas , pnlact-me eta i f • 4..I 4'� • CONINIONWEALTH of Z'IRQJ1NL% DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 1,1031 OLD VALLEY PIKE CO•avi5S;ONLR P O BOX 278 EDINBURG. VA 22824-0279 July 28, 1997 Mr. William J. Brennan, Jr., P.E., Project Manager Harris. Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill FAX (540; 984 5607 Ref: Flying "J" Travel Plaza/ Whitehall Business Park Route 669 Frederick County We have received your revised site plans dated July 16, 1997 for the referenced project. Our second review has been accomplished and we compliment your effort in addressing VDOT concerns. Our remaining primary concern is with the completion of Zachary Ann Lane and can be best outlined by proffered Item #8 from the approved rezoning application as demonstrated on the approved Master Development Plan for White Hall Business Park. This has been attested to by officers of the Rainbow Group and as follows: Each separate lot shall provide direct access to a road dedicated for State maintenance. The access road or roads shall be constructed at the time each lot is developed. No occupancy permit shall be approved on any lot until plans for the road have been approved by the Virginia Department of Transportation. The road has been constructed to said lot and the road has been dedicated to said lot for acceptance by VDOT. The guidelines and proffers set forth in the White Hall Business Park Master Plan have been reviewed with Frederick County Department of Planning Officials. Concurrence has been established as to intent. The Flying "J" site plan project should accomplish the VDOT requirements within the boundaries of their site plan area to include any right-of-way, which VDOT may need to have dedicated on the east side of future Zachary Ann Lane. All VDOT and County requirements within Zachary Ann Lane, design, review, approval, construction to standards, should be provided by the Rainbow Group. Without meeting this requirement Zachary Ann Lane could not serve other business within the Business Park nor could it be added to the Secondary System. With these statements in mind, we have the following comments which may in some instances be refinements of previous comments: ,VE -tiEEP VIRGINIA MOVING Mr. William J. Brennan Ref: Flying "J" Travel Plaza / Whitehall Business Park July 28, 1997 Page 2 • (Relative to Item #1 of ow- 06120197 letter) Adjustments of items already constructed within the limits of Zachary Ann Lane, the Rainbow Group (Mr. Bob Pease), by receipt of a copy of our letter dated June 20, 1997, advises they can design accordingly. • (Relative to Item 92 of our 06120197 letter) The 10' level space provided on the north side of Route 669 should actually have a slope of '/4" per foot, toward curb. An appropriate construction easement should be secured where required. • (Relative to Item 93 of our 06120197 lette,) You should provide, as the minimum access for emergency vehicles, a PE-1 entrance at the future Zachary Ann Lane connection to include 40' of appropriately sized pipe culvert and a detail sketch of a gate. Any necessary fencing to secure the access included should be a system to lock the gate. A copy of a Standard PE-1 is attached. • (Relative to Item #4 of our 06120197 letter) The right-of-way on the south side of Route 669 should be shown as proposed beginning at the west end of the posted existing right-of-way as shown on the plan provided. All right-of-way dedications should be made. Included should be a dedication of the necessary triangular corner of Flying "J" at the future Zachary Ann Lane for radial pavement space. A plat should be provided to show the length of change in the limited access line adjacent to the 1-81 off Ramp and Route 669. • (Relative to Item #9 of ow- 06120197 letter) This item should be communicated to Zachary Ann Lane designer, Mr. Bob Pease. • (Relative to Item #12 of our 06120197 letter) With the concurrence of the Frederick County Planning Department, the widening of Route 669 to your western property line will be sufficient to accommodate the anticipated traffic to your facility. However, the widening will need to be extended westward as originally communicated by the Rainbow Group when Zachary Ann Lane is constructed. We recommend with emphasis that all widening and tapering of Route 669 pavement surfacing be accomplished concurrently to avoid additional cost to either owner/developer by placing the full 36' wide pavement to a point 100' west of the center line of future Zachary Ann Lane then beginning with 360' taper to the west as originally outlined by VDOT. This should be communicated to Mr. Bob Pease. • (Relative to Item #11 of our 06120197 letter) We are satisfied with current identity and capacity, however, you should show detailed improvements, additional length due to widening of Route 669, profile, provide minimum 1' of cover, etc. Mr. William J. Brennan Ref: Flying 'J" Travel Plaza / Whitehall Business Park July 28, 1997 Paae 3 • (Relative to Item #15 of our 06120197 letter) It appears to us that Alternative No. 1 should be from Station 10+50 rather than 0+50? • (Relative to Item 416 of our 06120197 letter) Mr. Bob Pease should be advised. • (Relative to Item #17 of our 06120197 lette,) A request has been submitted to secure a cost estimate for signalization. Once we have the estimate, we will forward the cost to your office. In addition, we have these miscellaneous items: a) The shading of new construction appears confusing to us. We would prefer entire pavement be shaded or none be shaded. b) Where you indicate removal of limited access fence, the replacement should be in kind. See attached standard. c) The drainage easement to access the outfall end of the quadruple 36" R.C.P. shown on Plan Sheet C-5 should be provided by Flying "J" since it falls within their property. d) You should show adjacent property owners and use of property on each plan sheet. e) Please define all landscaping items within VDOT right-of-way. Any changes made on design features should meet or exceed the standard. When you have addressed the above comments, please submit five sets of revised plans for review and approval. Sincerely, a A Barry J. Sweitzer,7,:ns. Roadw y Engineer For: R. B. Childress, Permits & Subd. Spec. Supv. BJS/rf Enclosures xc: Mr. R. B. Childress Mr. S. A. Melnikofff Mr. Kris Tierney J Mr. Robert P. Pease, P.E., Ebert & Associates Rainbow Group • -'t 4 r1 ', It DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 1 ,r.:11 GLD `:ALLEY PIKE . .. i,'.. P 0 PDX -.'i EDINOURG, VA 22824•0278 June 20, 1997 JERRY A. COPP FAX 15,101 jgs fvir. VVIlliam J. Brennan, Jr., P.E., Project Manager Ref: Flying "J" Travel Plaza/ 1-larris, Smariga & Associates, Inc. Whitehall Business Park 41 All Saints Street Route 669 Frederick, MD 21701 Frederick County Dear Bill: YoUr site plan dated March 13, 1997 for the referenced project has been reviewed at VDOT. We have the following comments as shown in red on the plan sheets: Sheet 2 of 16 1. The quadruple 36 R.C.P. culverts located at Station 6+50 on Zachary Ann Lane should haves special design end section S eeial Design Drawing #2045 on the. right side (west end), copy attached. The ends of the culverts will also need to be extended to accommodate the increase in shoulder dimension required for Zachary Ann Lane. A manhole'structure should be added at the junction of the 15" R.C.P. culvert to the 36" R.C.P. culvert for the purpose of future maintenance. '2. A 5' level space should be provided at the back of curb on the north side of Route 669 before the ditch slope begins downward. 3. Address drainage toward the west end of the site along Route 669. Consider the need for a drop inlet at the east side of Zachary Ann Lane and a R.C.P. culvert under Zachary Ann Lane. On both sides of Route 669 where curb & gutter ends, consider the need for riprap ditch lining. , 4. All right-of-way lines (existing: see VDOT Plans Project #0081-034-001, G306 8 Project 40081-034-105, C501) and the proposed right-of-way to be dedicated to VDOT should be clearly shown. Also clearly define the I-81 limited access line and limited access fence and identify any relocation of the limited access fence. --5. A note should be added to state "absolutely no work is to be performed within the I-81 right-of-way prior to a land use permit being secured from VDOT". NIr iIIi.im I Brcn 11.111 • Rcl. FIvm,; "►" Travel PI lall Busincss Park lung'-11197 fav;r ' Sheet 4 of 16 ,'h. Standard CG-12 curb ramps (persons with mobility impairments) should be incorporated into the entrance and intersection designs. (To be placed at the direction of the VDOT Inspector.) Sheet 9 of 16 (VDOT Details) i7. Provide the following additional detail sketches: CG-2; CG-6; CG-7; CG-11, CG-12 and UD-4 (copies attached). Sheet 11 of 16 /8. The word teiiiporary should be added to the description of rock check dams, which are to be removed when adequate vegetation has grown. (At the direction of the VDOT Inspector.) Sheet 13 of 16 :'9. At the intersection of Route 669 and Zachary Ann Lane, a CG-11 intersection design should be installed (Ref: VDOT Road Design Manual, Vol. I). Use 50' radii on the face of curb, 30' minimum pavement on Zachary Ann Lane at the end of the radii, 75' taper from the end of radii south to normal 24' pavement on Zachary Ann Lane. Note the additional right -of way which should be provided to maintain flares. ,10. The curb & gutter on the north side of Route 669 should be extended west to be symmetrical with the end of radial curb & gutter on the west side of Zachary Ann Lane. ✓11. Identify the existing culvert on Route 669 west of Station 11+00. Check for adequate capacity to receive any additional storm flow post development from site construction. Detail improvements are necessary to accommodate roadway construction. r12. A 36' traffic lane extension should be provided for the safe flow of vehicles on the thru lanes east'and west bound on Route 669 west of Zachary Ann Lane. Beginning at the center line of Zachan, Ann Lane, go west 100' with full 36' of pavement. From that point the east and west bound outside edges of pavement are tapered 360' to the outside edges of the existing normal 20' pavement. The east and west bound inside edges of pavement are tapered 360' to the center of the existing normal 20' pavement. The result is a paint striped 12' center (left turn) lane that narrows to 0 at 360' point. \Ir Wilhom I Brennan 1,-I Fi ing ..I.. Tra%'cI PLv.a/«ball Bumnetis Park • June ?U. 1997 f .i1-L• A The additional right-of-way required to contain the taper should be dedicated to VDOT by the owner/developer. 13. Typical widening section should reflect detail changes: • Add 5 (1/4 .1 slope) flat area on the north side of Route 669. • Two 12' thru travel lanes (one east bound, one west bound), one 12' left turn lane, two 12' right turn lanes, totaling 60' of pavement. • UD-4 underdrains entire length of curb & gutter. • Existing Route 669 pavement structure removed from roadway. • Show proposed right-of-way. Sheet 14 of 16 (Pave Design) 14. The paving sections should be revised to reflect current nomenclature of individual portions of the pavement structures. Surface: 165#/sq. yd. Asphalt Concrete Type SM-2E Intermediate: 2" Asphalt Concrete, Type IN/1-ID Base: 6" Asphalt Concrete, Type BIM-2 Subbase: 6" Cement Treated Base Subgrade: 12 off -site borrow material (minimum CBR Value of 5) Revised Title to: Paging Sections - Withiaa VDOT Right -of -Wray An 'alternate pavement structure with higher initial cost, but with a longer life span and less early maintenance cost with the attendant interruption of road service to your facility. The recommended alternate is: Surface: 11' concrete slab Intermediate: 3" Stabilized Open -Graded Drainage Layer (SOGDL) Subbase *: 6" Cement Treated Base Would require appropriate underdrains to facilitate drainage through the layer. These slaoaalrl be alaylighted through eatlaer endmalls (EW-12's) or other drainage structures (saada as DI's). ** Sao -face of subbase layer must be primed With 0.4 gal./sq. yd. of liquid asphalt, either RC-250 or CRS-2, prior to placement of SOGDL. 15. Pavement taper at the east end of the site and I-81 bridge should be provided as shown, consideration should be given to existing guardrail on the south side of Route 669 may need to relocated to provide space for pavement taper. \Ir. William I Brennan Ref: Flving "J" Travel Plaza/« III Business Part: June?U, l`97 Pate 4 Sheet 15 of 16 16. Proposed typical section for Zachary Ann Lane should be revised to reflect an 8' shoulder with 1":1' slope; a 4' ditch at 4:1 and 3:1 side slopes. This would match the typical section to be used on the Zachary Ann Lane Plans. ✓ 17. The developer will be required to enter into an agreement to participate in sibnalization for traffic control on the south bound off/on ramps at the intersection of Route 669. This agreement will have a five year time period. The warrants will be monitored periodically by VDOT and the final decision that warrants merit the installation of signal control will be made by VDOT. The developer will be advised, and the cost to the developer will be 50% of the total cost. --'18. All miscellaneous comments and/or notes should be addressed or added to the plans at the appropriate locations. We are providing a copy of this letter to Mr. Robert P. Pease of Ebert & Associates, designer for the Whitehall Business Park / Zachary Ann Lane. We would suggest you contact Mr. Pease to ensure your design is coordinated with his. When you have addressed all the above comments, please submit five sets of revised plans for final review and approval. If you have any changes/revise design features, please meet or exceed the standards. Should you have any questions or comments, please do not hesitate to call. Sincerely, Barry4. weitzer Trans. Roadway Engineer For: Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor BJS/ rf Enclosure xc: Mr. R. B. Childress Mr. S. A. Nlelnikoff Mr. Kris Tierney 'i\,Ir. Robert P. Pease, P.E., Ebert & Associates r M 14e. c.1� 'r'� qp- COMMONWEALTH of VIRGINIA Department of Health Randolph L. Gordon, M.D., M.P.H. P 0 BOX 2448 Commissioner RICHMOND, VA 23218 Mr. R. Bradley Chewning, P.E. Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 Dear Mr. Chewning: TDD 1-800-828-1120 1997 SUBJECT: Frederick County Sewerage - General (Flying J Travel Plaza) Plans, specifications, manufacturer shop drawings, and preliminary engineering report for construction of a wastewater treatment works to serve the Flying J Travel Plaza, located in Frederick County, as prepared by Ecol Environmental, Aurora, Colorado, have been received by this Department. The preliminary engineering report is titled "Flying J Inc. Sewage Treatment Plant, Winchester Virginia", dated 4 March 1997, and contains plan sheets 3000-FL-1-Rev 1, 3000-SP-1-Rev 3, 3000-LStn-1, 3000-BR-2-Rev 0, 3000-Eq-1-Rev 0, 3000-BR-1-Rev 0, 3000- C-1-Rev 0, 3000-Sand Filter-l-Rev 0, and 3000-BL-1-Rev 0. The specifications titled "Flying J, Inc., Sewage Treatment Plant Specifications for Winchester, Virginia" are dated 4 March 1997 and contain plan sheet number 3000-EDL-2-Rev 1, plan sheet number 3000-CL-I-REV-0, and an unnumbered site layout plan sheet. The project has been designed for an average flow of 20,000 gallons per day or an equivalent population of 1000 persons based on a flow of 20 gallons per day per capita. Maximum estimated peak discharge is 22,000 gallons per day. The proposed treatment works has been designed to comply with effluent limits of 10 mg/L biochemical oxygen demand, 30 mg/L suspended solids, 3 mg/L total Kjeldahl nitrogen, 6 mg/L dissolved oxygen, and a nondetectable total residual chlorine level. The project consists of the construction of a 20,000 gallon per day treatment facility comprising an influent sewage lift station, comminutor, equalization basin, three extended aeration basins, secondary clarifier, two rapid sand filters, chlorination, chlorine contact tank, dechlorination/post aeration basin, and aerobic digester. IIDH,,F \T HEALTH Mr. R. Bradley Chewning Page 2 SUBJECT: Frederick County Sewerage - General (Flying J Travel Plaza) Discharge from the proposed treatment facility will be to Duncan Run, Potomac River Subbasin, Potomac River Basin, and will be located approximately 1,800 feet southwest of the intersection of Interstate Route 81 and State Route 669. The review of these plans, specifications, manufacturer shop drawings, and preliminary engineering report has been confined to technical requirements and design criteria as stipulated in the Commonwealth of Virginia Sewerage Regulations. In accordance with the Virginia Water Control Law, Code of Virginia 1950, as amended, Title 62.1, Chapter 3.1, Article 4, Section 62.1-44.19, Paragraph 3, this letter report is to advise that the previously mentioned plans, specifications, manufacturer shop drawings, and preliminary engineering report are technically adequate and recommended for approval with the following conditions: 1. That an operation and maintenance manual and sludge management plan be submitted to this Department and the Department of Environmental Quality for review and approval in accordance with VPDES Permit No. VA 0089214. 2. A plan of action detailing how the treatment works Class II Reliability requirements will be satisfied must be submitted to this Department and the Department of Environmental Quality prior to the certificate to operate issuance. 3. That the comminutor wet well be provided with either a continuous (12 air changes per hour) or intermittent (30 air changes per hour) mechanical ventilation system. 4. That the treatment works site be fenced to prevent entrance of unauthorized persons and animals. 5. Plans and specifications shall be submitted to this Department and the Department of Environmental Quality for the design information necessary to provide chlorinated filter backwash water within 60 days of the occurrence of related operational difficulties or permit compliance problems. 6. Operation and maintenance procedures must include periodic flushing of the treatment works outfall line. Mr. R. Bradley Chewning Page 3 SUBJECT: Frederick County Sewerage - General (Flying J Travel Plaza) Issuance of a construction permit or any further action or decision is a matter for your office. The Department's Lexington Environmental Engineering Field Office will forward one copy of the previously described plans, specifications, manufacturer shop drawings, and preliminary engineering report with State Health Department stickers indicating conditional approval, to Flying J, Inc. and to your office. Notification of Department of Environmental Quality action should be transmitted to Mr. J. Phillip Adams, President, Flying J, Inc., 50 West 990 South, Brigham City, Utah 84302; Mr. Mike Miller, Wieser Architects, 50 West 990 South, Brigham City, Utah 84302; Mr. James Rowland, Ecol Environmental, P.O. Box 12043, Aurora, Colorado 80012-3454; Mr. Michael T. Ruddy, Frederick County Department of Planning and Development, 107 North Kent Street, Winchester, Virginia 22601-5000; Mr. William Brennan, Harris, Smariga, and Associates, 41 East All Saints Street, Frederick, Maryland 22107; Mr. John S. Trenary, Frederick County Building Official, 107 North Kent Street, Winchester, Virginia 22601-5000; and tivs Office. Enclosed is a copy of the engineer's letter of transmittal dated 28 May 1996 for your information. By direction of the State Health Commissioner. Sincerely, C. M. Sawyer, P.E., Director Division of Wastewater Engineering cc Flying J, Inc. - Attn: J. Phillip Adams Wieser Architects - Attn: Mike Miller Ecol Environmental - Attn: James Rowland Harris, Smariga and Associates, Inc. - Attn: William Brennan Frederick County Department of Planning & Development - Attn: Michael T. Ruddy ✓ Frederick County Building Official - Attn: John S. Trenary Frederick County Health Department VDH - Lexington Field Office/97062601.doc i C O� COUNTY of FREDERICK .c i� Inspections Department John S. Trenary, Building Official 17M 6!t.P665-5656 tFax: O}(0/678-0682 August 1, 1997 DMS Sign Connection Inc. 102 Lookout Avenue Mt. Airy, Maryland 21771 Attn: John Riley Reference: Permit # 1071-97 Flying J Dear Mr. Riley: r This letter is written confirmation that the permit for the 500 Sq. Ft., 67' high, freestanding sign for Flying J does not conform to zoning regulations and should be removed from the permit immediately. This sign has been voided from the permit and will remain voided until the time that the sign conforms to zoning regulations. Attached you will find a copy of the memo from Mike Ruddy to myself regarding this sign. Be aware that the above is subject to appeal under the provisions of Section 121.0 of BOCA, Chapter 1/VSBC, 1996 edition. If you have any questions, please feel free to give this office a call. Sinc ly John S. Trenary, Build' fficial JST/bjk Attachments: as stated cc: Mike Ruddy, Planning and Zoning Dept. file 1 �j `l r`lIv V i f,. rr�;�y�J� � v as, ti 107 North Kent Street Winchester, VA 22601 P.O. Box 601 Winchester, VA 22604 U N l -f� J W ORDINANCE NO. AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE BY REPEALING ARTICLE XVI, SECTIONS 165-30 AND 165-116 THROUGH 165-120 OF CHAPTER 165, AND BY ADDING NEW SECTIONS 165-30 AND 165-116 THROUGH 165-120 ESTABLISHING AN INTERSTATE AREA OVERLAY DISTRICT (IA), PROVIDING DEFINITIONS; PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR SEVERABILITY. WHEREAS, the Frederick County Zoning Code establishes overlay districts in which standards and procedures are provided which apply in addition to the underlying zoning districts, and which provide for design flexibility; and WHEREAS, Section l 5.1-430 of the Virginia Code authorizes "incentive zoning," which means "the use of bonuses in the form of increased project density or other benefits to a developer in return for the developer providing certain features or amenities desired by the locality within the development"; and WHEREAS, Section 15. l -491.1 authorizes conditional zoning, whereby zoning reclassifications may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned; and WHEREAS, the population of Frederick increased from 34,150 as reported in the 1980 Census to 45,723 as reported in the 1990, or an increase of thirty-four percent (34%); and WHEREAS, Section 15.1-491.2.1 authorizes, for counties which have had population growth of ten percent or more from the next -to -latest to latest decennial census year, a zoning ordinance which includes and provides for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing before the governing body, in addition to the regulations provided for the zoning district or zone by the ordinance, as a part of a rezoning or amendment to a zoning map, provided that (i) the rezoning itself gives rise to the need for the conditions, (ii) such conditions have a reasonable relation to the rezoning; and (iii) all such conditions are in conformity with the comprehensive plan; and WHEREAS, Section 15.1-491(c) of the Virginia Code authorizes the granting of special exceptions under suitable regulations and safeguards; and further authorizes the governing body of any county to reserve unto itself the right to issue such special exceptions; and WHEREAS, the procedures and restrictions established herein are necessary to promote the health, safety, morals, comfort and general welfare of the unincorporated areas of Frederick County, to conserve and protect property and building values, and to secure the most economical use of the land; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY .2965319 M"23 Page 1 0 • u 0 COMMISSIONERS OF FREDERICK COUNTY, VIRGINIA, AS FOLLOWS: Section 1. Sections 165-82 of Article X of Chapter 165 of the Frederick County Code is hereby amended by adding the following text to the list of "Allowed Uses", to read as follows: Allowed Uses Standard Industrial Classification (SIC) 1< Travel Plazas 54, 55, 58- 73, 75- 76 Section 2 Sections 165-116 through 165-120 of Article XVI of Chapter 165 of the Frederick County Code is hereby repealed, and a new Article XVI consisting of Sections 165-116 through 165-120 are hereby adopted thereto, which Article XVI shall read as follows: "ARTICLE XVI, Sections 165-116 to 165-120 - IA Interstate Area Overlay District § 165-116. Intent. The IA Interstate Area Overlay District is intended to provide commercial businesses within an identified area uses in addition to those permitted in the underlying zoning district and the ability to utilize business signs that are in excess of the limits specified in § 165-30 of this chapter. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas. The standards within this Article are designed to allow for additional visibility for commercial businesses while minimizing negative impacts to residential properties that are adjacent to or within the proximity of the overlay district. Established boundaries are based on reasonable sight distances and policies set forth in the Comprehensive Plan and are intended to designate each interstate area and provide guidance for considering subsequent properties. § 165-117. District boundaries. Properties that are included within the Interstate Area Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. § 165-118. Establishment of districts. A. The Frederick County Board of Supervisors may apply the Interstate Area Overlay District to properties within the proximity of interstate interchange areas upon concluding that: (1) The property is in conformance with the idealized interchange development P29655190MO-023 Page 2 1J pattern recommendation of the Frederick County Comprehensive Plan. (2) The proposed use of the property is consistent with the specified uses within this Article. (3) The proposed business sign will not have an adverse impact on adjoining properties whose primary use is residential. (4) The property has met the requirements of Article II of this chapter, as well as the requirements of § 15.1-491(g) of the Code of Virginia 1950, as amended. B. The Interstate Area Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the Interstate Area Overlay District shall also be within one (1) or more zoning districts as specified within this chapter. The effect shall be the creation of new zoning districts consisting of the regulations and requirements of both the underlying zoning district(s) and the Interstate Area Overlay District. § 165-119. Qualifying criteria. A. The Any use shall be authorized to erect a sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the business sign complies with the requirements of § 165-120 of this Article and that the use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District- Standaid Industrial `TOT[ 21diovved USCS (SIC—) ap parel 53—mid-756 Automotivec ce 55 StdtiOns Eating and uIrInking estab4ishnxilts 59 -B. Ay use that is authorized on property through the issuance of a conditional use permit in the RA Rural Areas District may be entitled to erect a commercial b cosign that is of a greater height and size than is permitted in the underlying zoning district, provided that the property has met the M29655/90560-023 Page 3 requirements of Article III of this chapter, the business —sign complies with the requirements of § 165-120 of this Article and the use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. § 165-120. District regulations. A Permitted uses. Within the Interstate Area Overlay District, the following uses shall be considered permitted uses in addition to the uses authorized in the underlying zoning district: Standard Industrial Classification Allowed Uses WC-) General merchandise and apparel stores 53 and 56 Automotive dealers and gasoline service 55 stations Eating and drinking establishments 58 Hotel and lodging establishments 70 Travel Plaza 54, 55 58, 73, 75, 76 Signs shall be permitted on private yrl)erty within the Interstate Area Overlay District only in accordance with the provisions of § 165-30 A of this chapter, usmLss sigmr 029655/90560.023 Page 4 0 • • ..invisi so is]i i i 11.111 M I I• •WIN.. . / • .• • • . . . /. . ifl_in �e�iiiiiiiiiiilii�•i�9�il�i iia•1.1�I1.111ri11\7l•11�IIIlvL1�/l l•1 /1•ill\<B•1r111•f..�_AIII MR • vjmll so/ go • •• • I'm •• • r �'A* • • r• • • • r • • • • •VILICri I imileei• • • • • • • • fit• / r / •/ • • / • / F- B Individual Sign Size, Number, Setback and Spacing Requirements. (1) Theintssage portion ofExcept as provided in Para raph(3) of this subsection B any usin= sign that meets the requirements of this Article shall not exceed the requirements established in §§ 165-30 B, 165- 30-C, and 165-30 D hereto d-(3-@ �K �)alld shall not be, loc. ess than tree (2s> f of the sign support pole. N29655/90560-023 Page 5 More than one (1) freestanding commercial business sign shall be allowed to share a common support pole, provided that the business signs comply with the requirements of § 165-119 and § 165-120 of this Article, and that the uses are located on properties that are delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. The niessago Portion o freestanding Freestanding ear,rrr�- -.- —business—signs that meet this requirement shall not exceed a total of five hundred (500) square feet in area (unless a bonus is granted pursuant to subsection (3), below) and shall not be located less than twenty-five (25) feet in height from the base of the sign support pole. (� Any highway sign that meets the requirements of this Article shall be permitted as of right to exceed the size limitation of paragraph B of § 165-30 of this Chapter, but shall not exceed a total of twelve hundred (1.200) square feet in area and shall not be located less than twenty-five (25) feet in height from the base of the sign support pole, su eject to the following criteria• ( The application for approval contains certain features or amenities desired by the County and consistent with the Comprehensive Plan, as follows: 0 The applicant has committed to preserving permanent open space or environmentally sensitive lands pursuant to the Conservation Easement Act (Va. Code §§ 10 1-1009 to - 1016) or the Open -Space Land Act (Va. Code §§ 10 1-1700 to -1705) in an amount equal to at least twenty percent (20%) of the site area: and Ci i The project contains a mix of uses, including retail and non - retail uses, which will provide for the internal capture of trips on the site: and iii The use will provide m loyment for at least twenty-five (25) or more employees; and (i4 Not less than fifteen percent 15%) of the site shall be landscaped, including areas that are sodded, or planted with trees bushes or shrubbery, and the applicant shall be entitled to an increase of not less than one -hundred fifty (,150.) feet in sign area for each percentage of landscaped area exceeding the minimum requirement as provided herein For purposes of this subsection, fifty percent 50%) of land area maintained in a natural state as provided in subsections (i) or (v) hereto shall be considered a landscaped area; and H29655/90560-023 Page 6 u • lzk"",j §"w� G W 929655/90560.023 m Illumination. U The proposed landscape treatment will extend and enhance existing natural resource areas by maintaining; existing vegetation on at least twenty percent (20%) of the project site. For purposes of this subsection any wetlands dedicated and/or preserved pursuant to subsection (i) of this subsection shall be included in the vegetated acres deemed preserved as provided herein; an . vi No adjacent or adjoining lot or land existing as of the date of submission of an application for a rezoning, special exception or conditional use permit is part of a residential area. The applicant for a rezoning, building rmi , or special exception has entered into an incentive zoning agreement in which the applicant voluntarily agrees to provide the public benefits specified in subsection B(3)(a) hereto and said agreement is approved by the County Commission The incentive zoning agreement shall provide that the land dedicated pursuant to subsection B(3)(a)(i) of this subsection shall be maintained by the County...If the applicant is requesting a rezoning to the IA District, the incentive zoning agreement shall contain a finding that (i) the rezoning itself gives rise to the need for the conditions;(ii) such conditions have a reasonable relation to the rezoning: and (iii) all such conditions are in conformity with the mprehensive plan Where illuminated signs are permitted pursuant to § 165 30 E of this Chapter, the following standards shall apply: (1) Neither the direct nor reflected light from any illuminated business sign shall create glare into or upon any building or property other than the building or property to which the bmimss-sign is permitted to be located. (2) Neither the direct nor reflected light from any illuminated business sign shall create a traffic hazard to operators of motor vehicles on public thoroughfares. Maintenance and permits. (1) All signs that are erected in the Interstate Area Overlay District shall meet the maintenance and permit requirements as specified in § 165-30-IQ and § 165- 30JA of this chapter. (2) Appropriate easements shall be secured by any property owner that desires to Page 7 0 • erect a business sign in conformance with the requirements of this Article prior to the issuance of a sign permit to ensure that required maintenance does not have an adverse impact on adjoining properties. Permitted heights for freestanding commercial business signs. W The maximum height of signs within the IA District in which the underling zoningis s B 1, B2, 133, MI or M2 shall be determined by the closest interstate exit number and shall be based upon the maximum feet above mean sea level permitted from the highest point on the property, as follows' Exit Maximum Business Sign Height (feet Number above mean sea level) 302 760 307 800 310 805 313 805 315 750 317 815 321 700 323 710 (2) The applicant shall be entitled to an increase of thirty percent (30%) above the maximum business sin height as prescribed in subsection (a) hereto if the f�5 applicant complies with the criteria specified in subsection B(3) of this § 165- 120. Section 4, Section 165-30 of Article IV of Chapter 165 of the Frederick County Code is hereby repealed, and a new Section 165-30 is hereby added which shall read as follows: A, Signs Permitted. Prohibited or Permitted with Sign Permit in All Districts N2965Y90560-023 1 Signs shall be allowed on private property in the city in accordance with, and only in accordance with, Table 30A If the letter "P" appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning districts represented by that column If the letter " " appears for a sign type in a column, such sign is allowed only with prior sign permit approval in the zoning districts represented by that column Special Page 8 conditions mayapply in some cases. If the letter "X" appears for a sign type in a column, such a sign is not allowed in the zoning districts represented by that column under any circumstances. #29655190560.023 Pagc 9 Table 30A Sign Type RA I RI' R4 RS I MIII I31 132 E3 MI M2 rM I3E IA Freestanding Residential (1) P P P P P N N N N N N S N Other 8 N N S S S P P P P I? S S P Incidental (2) N N S S S P P P P P S S P Building Banncr N N N N N S S S S S S Building Markcr (3) P P P P P P P P P P P P P Canon N N N N N P P P P P P P P Identification (4) P P 1 P P I P P P P P P P P P Incidental (2) N N P P P P P P P P P P P Marquee (5) N N N N N P P P S S S S P Projecting (5) N N N N N S S S S S S S S Residential (1) P P P P P N N N N N N N N Roof N N N N N P P P P P N N P Roof- Integral N N N N N I? P P P P N N P Suspcnded(5) N N N N N S S S S S N N S Temporary (6) N N N N N S S S S S S S S Wall N N N N N S S S S S N S P Window N N N N N S S S S S N S P Miscellaneous Banncr (2) N N N N N S S S S S N N S Flag (7) P P I' P P 13 P 1' P P P I? P Portable N N N N N S S S N N N N S M29655/90560-023 Page 10 0 • P = Permitted as of right, S = Permitted only with a sign permit, X = Prohibited 1. No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises. 2 No commercial message of any kind allowed on sign if such messaRc is legible from any location off the zone lot on which the sign is located. 3. May include only building namc, date of construction, or historical data on historic site,, must be cut or etched into masonry, bronze, or similar material. 4. Only address and name of occupant allowed on sign. 5. If such a sign is suspended or projects above a public right-of-way, the issuance and continuation Ora sign permit shall be conditioned on the sign owner obtaining and maintaining in force liability insurance for such a sign in such form and such amount as the Director may reasonably from time to time determine, provided that the amount of such liability insurance shall be at least $500,000 per occurrence per sign. 6. The conditions of § 165-30A(3) of this ordinance apply. 7. Flags of the Unitcd Statm the state, the city, foreign nations having diplomatic relations with the Unitcd Statcs, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such a flag shall not exceed 60 square feet in area and shall not be flown from a pole the top of which is more than 40 feet in height. Thesc flags must be flown in accordance with protocol established by the Congress of the United Statcs for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such. 8. Includes one highway sign per lot or parcel in the Interstate Overlay Zoning District only (IA), pursuant to the provisions of § 165-120B of this Chapter. #29655/90560-023 .(2) Although permitted under the § 165-30,AO hereto, a sign designated by a "P" or "S" in Table 30A shall be allowed only if: The sum of the area of all building and freestanding signs on the zone lot conforms with the maximum permitted sign area as determined by the formula for the underlain zoning oning district in which the lot is located as specified in § 165-30B; The size, location, and number of signs on the lot conform with the requirements of §§ 165-30C and 165-30D, which establish permitted sign dimensions by sign type, and with any additional limitations listed in § 165-30A- The characteristics of the sign conform with the limitations of $ 165-30E, Permitted Sign Characteristics, and with any additional limitations on characteristics listed in § 165-30A, Temporary signs on private property shall be allowed only upon the issuance of a Temnormy Sign Permit, which shall be subject to the followingrCQuirements: Term A ternporary sign permit shall allow the use of a temporary sign for a specified 30-day period. ( Number. Only one temporary sign permit shall be issued to the same business license holder on the same zone lot in any calendar Page I. I. U u Year• ( Other Conditions, A temporary sign shall be allowed on in districts with a letter "S" for "Temporary Signs" in § 165-30A(1) and subject to all of the requirements for temporary signs as noted � therein, B Maximurri Tot ign Area Per Lot. The maximum total sign area per lot as set forth in § 165-30.A(2)(a) is as follows: Sign Type RA RP R4 RS i M 131 I32 I33 Ml M2 E. HE IA H1 The maxim mn total area of all si2n:9 of a zone lot except incidental building marker and identification signs and !lags shall not exceed the lesser of tlne following: Maximum 8 8 8 8 8 500 500 500 500 500 400 400 1.000* numbcr of total square feet Percentage of NA NA NA NA NA 10% 20% 30% 10% 10% 2% 10% 15% Ground Floor Area of Principal T3uildina Square Feet NA NA NA NA NA 2_0 3_0 3_5 20 2_0 1.0 2.0 4_0 of Signaae per Linear Foot of Street Frontage * Excludes one highway sign per parcel, which shall be considered exempt fi-om the total sign area limitations subject to the provisions of § 165-120.I3 of this Ordinance �ivili pSize, R tir m n (1) Any sign that meets the re, following requirements: VI-4 N:52 Sign Type RA I RP I R4 I RS MTT] I31 132 1 R3 M1 M2 EM IIT IA Individual sie nsshall not exceed the applicable maxinnon number dimensions or setbacks shown on this table on in 6 165 30D• Freestandine: Area 6 6 G 6 6 160 160 500 160 160 40 80 500** Height 5 5 5 5 5 30 30 40 * * 12 12 429655190560-023 Page 12 3 • Sign Type RA RP R4 R5 Mill BI B2 B3 M1 M2 FM HE IA Setback 2 2 2 2 2 10 10 10 10 10 10 10 10 Number Permitted Per lot I 1 1 1 1 NA NA NA NA NA 1 1 NA Per feet of NA NA NA NA NA 1 per 1-per I ncr 1 per 1 per 1 per 1 aer 1 -per street frontage 200 200 200 200 200 200 200 100 - �4ssi� Bui/din¢ /-0- Area (max. 2 2 2 2 NA N N NA N N NA NA n I !'P�ira'I' Square feet V J Wall re NA NA NA NA NA 10% 15% 20% 15% 15% 5% 10% 20% ^ (percent) " As set forth in 165-120.I of this Chaptcr. Subject to area bonus as set forth in 6 165-1208(3) of this Chaptcr, D.Number n Dimensionsf Individual i >n�fznt 6) / The maximum sign area per individual sign�otrith-UR 165-3 A 2 b, is as follows: Sign Type Number Allowed Maximum Si ng /�rca Vertical Clearance From Sidewalk or From Public Strcct Private Drive or t Parkin Freestand in e NA idcntial Other and sec 5 165 30C sec & 165-30C NA \ n dental Buildine Banner A jai 2A ]2 t Building Marker I per bldg. 4sg. n. NA NA Canon1 per bldg. 25% of vertical _ 12 ft. surface of canon Identification der bldg N NA NA Incidental NA Nn - NA Marquee I per bldg. NAi — 12 ti. Projecting 1 per blda. 40 sq. (I. 9 ft, Residential 1 per zone lot N NA CNA N29655/90560-023 Page 13 rI L Sign Type Number Allowed Maximum Sign Area Vertical Clearance From Sidewalk or Private Drive or Parkin From Public Street Roof 1 per principal bldg. NA Roof, Integral 2 per principal bldg. NA N A Suspended 1 per entrance NM _ N Temporary See Section 1.14 N)1 N Wall NA NA NA N Window 25% of total window cuNA area Miscellaneous Banner NA NA 99 ft 12 ft. Flag A 60 sq. ft. 2,11, 12 ft. Portable I where allowed* 20 sq. tl. NA NA * Pennittcd on the same terms as a temporary sign, in accordance with Section 1.15, except that it may be freestanding. E Permitted Sign Characteristics No sign shall be permitted pursuant to § 165-30.A(2)(c) unless said sign conforms to the permitted sign characteristics as follows' Sign Type RA RP R4 R5 MI -II 131 I32 133 M1 M2 EM HE IA Animated N N N N N S S S N N N N S Changeable Copy N N N N N S 5 S N N N N S Illumination, internal N N N N N S S S S S N N S Illumination external N N N N N S S S S S N N S Illumination exposed bulbs or neon N N N N N S S S S S N N S = At l oa u,-,Q ce �v r F C 0 m in N29655/90560-023 �� Page 14 • 0 principles shall control the computation of sign area and sign height, Computation of Area of Individual Signs The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be com up ted by means of the smallest square, circle, rectangle triangie. or combination thereof that will encompass the extreme limits of the writing, represent ation emblem, or other display, together with any material or color formingail l integral dart of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance ,regulations and is clearly incidental to the display itself, w Computation of Area of Multifaced Signs The sign area for a sign with more than one face shall be computed by adding together the area of all ,sign faces visible from any one point When two identical sign faces are placed back to back,ao that both faces cannot be viewed from any point at the same time and when such sign faces arQpart of the same sign structure and not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. Computation of Height, The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign Normal grade shall be construed to be the lower of (1) existing grade prior to construction or (2) newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined. sign height shall be computed on the assumption that the elevation of the normal grade at the hasp of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower, contained in § 165-30B, Maximum Total Sign Area, to the lot frontage, building frontage or wall area as appropriate. for the zoning district in which the lot is located Lots fronting on two or more streets are allowed .� the permitted sign area for each street frontage. However. the total sign �- area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building„ or wall area frontage on that street. M29655/90560-023 Page 15 G, E. Maintenance. All signs shall be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained shall be repaired or removed within thirty (30) days. (1) If an off -premises sign advertises a business or activity that is no longer being operated or conducted or if a directional sign refers to a location where the avertised activities no longer exist, that sign shall be considered to be abandoned and shall be removed by the owner within thirty (30) days. (2) If the message portion of a sign is removed, the supporting structural components shall be removed or the message portion replaced within thirty (30) days. Section 4, Section 165-145 of Article XXI of Chapter 165 of the Frederick County Code is hereby amended by adding the following definitions thereto, which definitions shall read as follows: 1 FRONTAGE - that side of a lot or parcel abutting on a street or way and ordinarily 1�Jregarded as thefront f the Joto but it shall nol be consideredh r i n i f corner lot. �s /�.p�� SIGN - Any object device, dismay or structure or part thereof, situated outdoors or vY -� 1, c+ C indoors which is used to advertise- bj��.person- institution, organization. by any means, including words, letters, illumination or projected images, including A ANIMATED SIGN - Any sign depict action or create a special identify, display, direct or attract business. product. service figures esign symbols, fixtures, the following types of signs: that uses movement or change effect or scene, attention to an event or location colors, of lighting to B BANNER - Any sign of li hg tweiglit fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges National flags state or municipal flags, or the official flag of any institution or business shall not be considered banners. BEACON - Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move. vV\- D BUILDING ENTRANCE SIGN - A sign designating the location to the Z�-n-eo outside entrance to a particular use. E BUILDING MARKER - Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a 029655190560-023 Page 16 u • N29655190560-023 u! •r ! • lr4 • • •r • • 4 111M, F BUILDING SIGN - Any sign attached to any part of a building, as contrasted to a freestanding sign, a BUSINESS SIGN - A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or to a service or entertainment offered. CANOPYthat part of or attarhed to an awning, canopy, or other fabric, plastic. or protective over! door, ! window.or outdoor ! 1 not ! canopy, I CHANGEABLE COPY SIGN - A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign, A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance L COMMERCIAL MESSAGE - Ansign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to_a business, product, service, or other commercial activity, K COTTAGE OCCUPATION SIGN - An on -premises sign advertising an approved cottage occupation L DIRECTIONAL SIGN -.A sitm containing directional messages concerning the distance or direction to particular locations, developments or businesses M FLAG - Any fabric, banner, or bunting containing distinctive colorspatterns, or symbols. used as a symbol of a government, political subdivision, or other ni N FREESTANDING SIGN - And n supported by structures of supports that are placed on, or anchored in, the ground and that are independent from any building or other structure Q� HIGHWAY SIGN - A freestanding. on -premises sign designed to inform the traveling public of business, service, retail or commercial activities along an interstate highway interchange Page 17 • 0 P INCIDENTAL SIGN A sign generally informational, that has a purpose secondary to the use of the zone lot on which it is located such as "no parking-" "entrance," "loadinizonly ," "telephone " and other similar directives No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental, -Q, MARQUEE Any permanent roof -like structure projecting beyond a building or extending along and Projecting beyond the wall of the building..generally designed and constructed to provide protection from the weather, R MARQUEE SIGN Any sign attached to, in any manner or made a part of a marquee, NONCONFORMING SIGN - Any sign that does not conform to the req.uirements of this ordinance. T OFF PREMISES SIGN - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the parcel of land other than the one on which the sign is located, IL ON -PREMISES SIGN - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the parcel of land on which the sign is located, ? Y PENNANT Any lightweight plastic fabric. or other material, whether or not containing a message of any kind, suspended from a rope. wire, or stringy, usually in series designed to move in the wind, PERSON - Any associati 1 Icorporation.! 4 I l 1 1 partnership. singular or plural, any kind, X PORTABLE SIGN - Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs_designed to be transported by means of wheels: sip-ns converted to A- or T-frames;menu and sandwich board signs; balloons used as signs: umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the ubp lic right-of-way, unless said vehicle is used in the normal day-to-day operations of the business, Y PROJECTING SIGN - Any sign affixed to a building or wall in such a manner that its leading the extends more than six inches beyond the surface of such building or wall, Z RESIDENTIAL AREA - Any lot or land area in which there are not less than M2965990560.023 Page 18 0 ten (10) single-family dwellings along one -thousand feet of the frontage of the right-of-way, AA. RESIDENTIAL SIGN - Any sign located in a district zoned for residential uses that contains no commercial messy eg except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the zoning ordinance. SC ROOF SIGN - Any sign erected and constructed wholly on over •• highestof a building. supported by the roof structure. and extending vertically above the portion of •• M ROOF SIGN, INTEGRAL - Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof bypace of more than six inches, DD. SETBACK - The distance from the property line to the nearest part of the applicable building, structure, or sign measured perpendicularly to o the property line, EE SIGN - Any device, fixture, placard. or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public FF. SUSPENDED SIGN - A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface fia TEMPORARY SIGN - Any sign that is used only temporarily and is not permanently mounted. HH. TEMPORARY OR PORTABLE SIGN - A movable sign not affixed to the ground or intended to be moved or intended for temporary use II. WALL SIGN - Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or Wilding, and which displays only one sign surface IL WINDOW SIGN - Any sign, pictures. symbol. or combination thereof. designed to communicate information about an activity, business, commodity, M2965-V90560-027 Page 19 E C1 event, sale, or service, that panes or glass and is visible TRAVEL PLAZA - Any building, is placed inside a window from the exterior of the premises, or land in which or upon window, or upon the window which a business, service, or industry involving the maintenance, servicing, story e or repair �S of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles A travel plaza shall include at least one restaurant and one convenience store for the use of the general public, Section 5. Severability. The chapters, sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any Court of competent jurisdictions, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance since the same would have been enacted by the Board of County Commissioners without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. Section 6. Repeal of ordinances not to affect liabilities, etc. Whenever any part of this ordinance shall be repealed or modified, either expressly or by implication, by a subsequent ordinance, that part of the ordinance thus repealed or modified shall continue in force until the subsequent ordinance repealing or modifying the ordinance shall go into effect unless therein otherwise expressly provided; but no suit, prosecution, proceeding, right, fine or penalty instituted, created, given, secured or accrued under this ordinance previous to its repeal shall not be affected, released or discharged but may be prosecuted, enjoined and recovered as fully as if this ordinance or provisions had continued in force, unless it shall be therein otherwise expressly provided. Section 7. This Ordinance shall be in full force and effect from and after its passage by the Board of County Commissioners, except as provided above. M� n Ln � J4c. N29655/90560-023 Page 20 • 0 PASSED AND APPROVED THIS DAY OF )1997. County Commissioner County Commissioner County Commissioner ATTEST: County Clerk x29655/90560-023 Page 21 • May 27, 1997 Freilich, Leitner, & Carlisle Attn. Mr. Richard G. Carlisle, P.C. Suite 1000 4600 Madison Kansas City, Mo. 64112-30132 Dear Dick: COPY FOR YOUR INFORMATION COUN"TY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 To follow up on our meeting of the 20th, I appreciate the opportunity to meet and discuss the Flying J project with you and Mr. DeLamare. I believe our conversation was beneficial for everyone involved in terms of gaining a better understanding of the issues. As we discussed, Frederick County would be happy to consider any proposed wording change you would care to submit which, in your opinion, helps to clear up confusing or awkward sections of Interstate Area Overlay District regulations. We are willing to concede that there are portions of the regulations which could be worded in a manner that more accurately reflects their intended purpose. I feel it is important to emphasise, however, that our willingness to examine this section of our Ordinance stems from a desire to improve the clarity and effectiveness of the regulations. It should not be assumed that a proposal geared solely toward obtaining a larger size for your client will be seriously considered. With the above in mind, if an amendment were to be generated with the aim of going to the Board of Supervisors, it would first need to go through our Development Review and Regulations Committee (DRRC) and then the Planning Commission for their input and consideration. The DRRC meets on the fourth Thursday of the month. The Planning Commission meets the first and third Wednesday of each month. Agendas are mailed out two weeks in advance. An amendment would normally go before the Commission once for discussion and then a second time for public hearing. As you can see, if the desire is to get a wording change before the Board by August, time is of the essence. I would be happy to discuss this process with you in more detail, if you so desire. Please let me know if I can answer any questions. Sincerelv Kris C. Tierney, AICP Planning and Development Director KCT/cc cc: James L. Longerbeam John R. Riley, Jr. Winter DeLamare 107 North Kent Street • Winchester. Virginia 22601-50011 • 0 'Y✓1,r.,ll.� FL YING J INC. 50 WEST 990 SOUTH P.O. BOX 678 BRIGHAM CITY, UTAH 84302-0678 PHONE (801) 734-6400 FAX (801) 734-6556 April 10, 1997 Re: Terry Wieser Dear Vendor: Please take notice that Mr. Terry Wieser, formerly Vice President of PDG Inc. has left the Clllpl,,\ nt,•ut of fly info 1 lit,• atttd VDG III,- VIN i In,• , a. \.%Itt III.%\. 1,1lim , hits V0101101-d its dr.i�n hw,mI'`,, under the business nautc ul WiCSCI AIL1111rOs sinLr 09-1. Mr. Wieser has now gone into business on his own. We believe that he may be calling his new business Wieser Architects. Please be aware that anyone doing business under the name of Wieser Architects after March 31, 1997 is not affiliated in any way with Flying J Inc. or PDG Inc. Flying J and PDG will have no responsibility for any obligation or liability incurred by Mr. Wieser individually or any business with which he is working except and only to the extent that it was for work performed before March 31, 1997, and both required by and performed for Flying J Inc. or PDG Inc. in accordance with the Flying J or PDG requirements. If you have questions about who is responsible for Wieser Architects' work before March 31, 1997, please call Tony Seashore at the letterhead number. Mr. Wieser has taken the position that certain plans and other documents developed by Flying J while he worked at Flying J are his own personal property. Flying J, of course, disputes his position. Flying J would appreciate very much your cooperation in returning to Flying J any plans or other documents that Mr. Wieser may have given you or that he may hereafter give you that appear to you to be plans or documents belonging to Flying J. Such documents would probably relate to construction of convenience stores, truckstops and restaurants designed in conjunction with a truckstop. Again, your cooperation in this matter will be most appreciated. Sincerely, FLYING J INC. J Phillip Adams President JPA:BGB:ss .enlor? bgb 2p2122?3�Q� 2 "d- 44QU�o w o� 8L9� C 0 V E R FAX S H E E T To: June Wilmot, Director Economic Development Commission Fax #: 722-0604 Subject: Letter to Mr. Craig Call of Flying J, Inc. Date: April 10, 1997 Pages: 3 , including this cover sheet. COMMENTS: Kris Tierney asked that I fax you a copy of this letter. 0 From the desk of Renee' Arlotta Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 540-665-5651 Fax:540-678-W2 • F11 P70 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 April 4, 1997 Mr. Craig M. Call, Community Liaison Flying J Inc. P.O. Box 678 Brigham City, Utah 84302 Dear Craig: After reviewing the points of your Fax transmission of April 2, 1997, and considerable discussion with staff members regarding the specifics of the Flying J project and the content of Frederick County Ordinances, it is my determination that your facility does not qualify for a 500-square-foot sign. This determination is based primarily on the fact that your site is zoned B-3 (Industrial Transition). This zone permits a variety of heavy commercial uses such as wholesaling, motor freight transportation and warehousing, storage facilities for heavy construction, along with some retail and other assorted uses. Eating and drinking establishments (restaurants), general merchandise and apparel stores, convenience stores and service uses such as barber shops or laundry mats are not permitted uses in the B3 zone. The existence of these uses on your site would only be permitted as accessory uses to a permitted principle use. Under § 165-120,C. (1) of the Frederick County Zoning Ordinance, any permitted principle use may erect one business sign that complies with the provisions of the Interstate Area Overlay Zone. The assertion that the "travel plaza" consists of more than one priirciple business use, and therefore qualifies for a 500-square-foot sign under the provisions of § 165-120, F. (1) is invalid since the uses cited are not permitted principle uses. I fully realize this is not the interpretation you were hoping for, however, I feel this is the only valid conclusion that can be drawn which is in keeping with the intent of the Interstate Area Overlay provisions. Regarding the staff position on a variance application, I do not believe we could support a size variance of any sort in this instance. After viewing the site from the southbound lane of the interstate during our trip yesterday, I believe you would agree that square footage is not the issue. The Eycxon sign on the east side of the interstate is clearly visible and legible at under 150 square feet. Surely, Flying J can convey a reasonable amount of information in 300 square feet. Depending on the outcome of your efforts yesterday to relocate the sign to a more visible point 107 North Kent Street • Winchester. Virginia _'_2601-5000 • • Mr. Craig M. Call, Community Liaison Page 2 April 4, 1997 on the site, you may have some basis for requesting a reasonable height variance. The staff would only give a positive recommendation on a valid request where the need was clearly demonstrated. If you desire to pursue a variance for sign height or square footage, the next available Board of Zoning Appeals meeting date is May 20, 1997, with the cutoff date for submission of an application being April 25, 1997. I hope this information enables you to determine the course of action you need to take. If I can provide any additional information or, if you would like to discuss the matter further, please do not hesitate to contact me. Sincerely, Kris C. Tierney, AICP Planning and Development Director cc. Richard C. Shickle Charles W. Orndoff, Sr. John R. Riley, Jr. CO NIOI WE IILTI-I of VIRCIN ". DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 1,1031 OLD VALLEY PIKE COar.uSSIONLII P O BOX 278 EDINBURG. VA 2282a-02711 April 2, 1997 Mr. William J. Brennan, Jr., P.E., Project Manager Harris, Smariga & Associates, Inc. 401 East All Saints Street Frederick, MD 21701 Dear Bill: JERRY A. COPP 111 a'LE ".I LNGu.EER ILL!: 5401084 5500 fAR ',401 Dd•i 5607 P.ef: Flying " J" Travel Plaza White Hall Business Park Phase I Route 669 Frederick County I am writing to let you know we have received your site plan package dated 03/13/97 for the referenced project. We have forwarded your plans and supporting data to our District Office in Staunton for review. Once we receive any comments, we will forward them to you. For your information, a review of this nature takes approximately sixty days. In the meantime if you have any questions, please let me know. Sincerely, Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/ rf xc: Mr. S. A. Melnikoff -Mr. Kris Tierney Mr. Mike Miller, Weiser Architects Rainbow Group Property WE KEEP VIRGINIA MOVING April4, 1997 Mr. Craig M. Call, Community Liaison Flying J Inc. P.O. Box 6U , .> " Brigham City, Utah 84302 Dear Craig: Af}er reviewing the points of your Fax transmission of April 2, 1997, and considerable discussion with staff members regarding the specifics of the Flying J project and the content of Frederick County Ordinances, it is my or a 500- y determination that your facility does not qualify for square -foot This determination is based primarily on the fact that your site is zoned B-3 (Industrial Transition). This zone permits a variety of heavy freight transportation and warehousing, storage c commercial efo h s such as wholesaling, motor retail and other assorted uses. Eating and drinking establishments(restaurants), ruction, general with some merchandise and apparel stores, convenience stores and service uses such as brber hops or laundry mats are not permitted uses in the B3 zone. The existence of these uses on our site would only be permitted as accessory uses to a permitted principle use. y Under § 165-120,C. (1) of the Frederick County Zoning Ordinance, any permitted principle use may erect one business sign that complies with the provisions of the Interstate Area Overlay Zone. The assertion that the "travel plaza" consists of more than one principle business use, and therefore qualifies for a 500-square-foot sign under the provisions of § 165-120, F. 0) is invalid since the uses cited are not permitted principle uses. I fully realize this is not the interpretation you were hoping for, however, I feel this is the only valid conclusion that can be drawn which is in keeping with the intent of the interstate Area Overlay provisions. Regarding the staff position on a variance applicati variance we could f on, I do not believe support a size oany sort in this instance. After viewing the site from the southbound lane of the nterstate during our trip yesterday, I believe you would agree that square footage is not the issue. fhe Exxon sign on the east side of the interstate is clearly visible and legible at under 150 square eet. Surely, Flying J can convey a reasonable amount of information in 300 square feet. )epending on the outcome of your efforts yesterday to relocate the sign to a more visible point 107 North Kent Street • Winchester, Virginia 22601-5000 or the site, you may have some ba r requesting a reasonable height var,' The staff would .� only give a positive recommendation on a valid request where the need wasTrearly demonstrated. h r W If you desire to pursue a variance for sign height or square footage, the next available Board of Zoning Appeals meeting date is May 20, 1997, with the cutoff date for submission of an .� application being April 25, 1997: W Pt I hope this information enables you to determine the course of action you need to take. If I can provide any additional information or, if you would like to discuss the matter further, please do not hesitate to contact me. Sincerely, Kris C. Tierney, AICP Planning and Development Director cc. Richard C. Sluckle Charles W. Orndoff, Sr. John R. Riley, Jr. 1 I 1 NV I 1 I l 11 r I ALVF �_' C'(TRA `V/(— 2o916 PL � 'y I j L r'1 2Ug .' Ifl � j' RF 1 c N 1 _ �_ n Gl K,I r� F. D� f� 4d b'64, P� ref �•JT %F.�; r rD fTl c J6F rv( g rn D r C/0 Q l O O _° rTI r- M '� C. Q P 0 O. Zl Iti L H r- ° \ f Z --4 ° a 1 c 4l i IN, � � A U i a PJ Un C. 2 ki _ r y RC uc r - H. rrvv= I(T VAS_ 2 120628 VE rq _ -�3 a 5 '� —�_ • J �- 0 38, _ N� 73. T; �n RAC _ 7, D D m m� r m rriz � �o o ��t. mCIJ OD CnC: r Ln Z r \ • • FILE COPY COUNT' of FREDERICK Department of Planning and Development 540/ 66;-5651 FAX: 540/ 678-0682 April 2, 1997 Mr. Mike Miller Wieser Architects 50 West 990 South Brigham City, Utah 84302 RE: Flving_J Travel Plaza Site Development Plan Dear Mike: I would like to take this opportunity to summarize the status of the Flying J project to date. Site plan approval has been received from the Frederick County Inspections Department, the Frederick County Engineer, and the Frederick County Fire Marshal. The Virginia Department of Health, through the Office of Water Programs, has provided this office with a letter stating that they would not object to the issuance of a building permit for the Flying J Travel Plaza provided that it is conditioned such that a certificate of occupancy could not be issued until the water system was approved and any required treatment facilities were fully operational. It is my understanding that the Virginia Department of Transportation will allow Flying J to bond all improvements associated with the project prior to approval the site plan. This would permit you to begin construction of on -site facilities, again with the understanding that a certificate of occupancy could not be issued until the site plan is approved by V.D.O.T., and that all improvements associated with the site plan have been completed to the satisfaction of V.D.O.T. An issue has surfaced concerning the extent of construction of Zachary Ann Lane. There is currently a lack of agreement regarding who is responsible for the construction of Zachary Ann Lane. This issue needs to be resolved. At this point, Frederick County is prepared to issue a building permit as we have received five copies of the final site plan from Harris, Smariga and Associates. However, we are hereby giving notice that no certificate of occupancy will be issued for any facility until such time that Zachary Ann Lane is constructed or bonded to the southern limit of lot three in conformance with the Master Development Plan for Whitehall Business Park approved on June 6, 1996. A note to that effect must be added to the final site plan before we will sign off on final site plan approval. 107 North bent Street • Winchester, Virginia 22601-5000 • Flying J Site Plan Review Page 2 April 2, 1997 Once again, Frederick County would be able to issue a building permit for the Flying J Travel Plaza as soon as the bonding agreement is in place with V.D.O.T., and V.D.O.T. has advised Frederick County of their approval of the agreement. Issuance of this building permit will be conditioned on the understanding that all of the above agencies concerns will be satisfied prior to obtaining a certificate of occupancy for the travel plaza. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy Planner I MTR/cc cc: Charles W. Orndoff, Sr., Stonewall District Supervisor John Riley, Jr., County Administrator Ed Strawsnyder, County Engineer John Trenary, Building Official Doug Kiracofe, Fire Marshall Bob Childress, V.D.O.T. Tom Eberly, Office of Water Programs Bill Brennan, Harris, Smariga & Associates, Inc. a • i ra"� ivdItl3:i -- A A A,4 .Tr1 -n i. l �tk - tp,P VWXY �Enl�a�a►� si►;� 0 0 niad a AA" vale W" Ubd jvwrib %L.:?s ty7v7ri 7A vm -t r 9NIA7.-Y FLYING J TRAVF*l " L A?/1 S!%.'V '-'RC(3R,,, ti4 WOOD IL �14 ?L � is c. i'l iP ('1k YT/rr - 1'1043 IM Or cc�r•ner arflki ' 0 FLYiN6 J 0"RA.,H t—lAIA WA MAMET RESTAURANT & BUFFET we WOOD 'AGNS llNPTA;.l Ar'C,4 ONi Y 3A,%n N i:r, 4c, t. -4q tit.) woorl I G ri. r� FEDCRAL !PCN lft.w,o, � ar— .., — v��� Tp STOP 5iCN i vMONk Q�I C 8 CMANNt� � ruts DtSM • v0 NO? tMttp SCM i y UNTIL �i,� C[�IpLkTl�Y R►E:�F1 rus�rrckta* tit 1�.y► E rt c�i.s;�o sTikww1io raNL4 _ f..._ •'T" inn +Cefr+ w_y i.trls�• w�� � ., � , fY?^.n ra 7 .. ru•:i arr. l .j / 0-allow. 6 R r�. ra FEarlpill SPI" t -A- Sl(,;N 7YPE --C GW.Zc. Ocot PffVEPAL SIGN ,A- -- ft� - - - 0 0 I . If A7 t, Q VING . rp"A"'.11 I , EXIT GUARANTEED J.-SCALES rAA J-SCAL Al *I. � - M, , 171 appo" W.•ri v - 4, F t. r,'NGIAvF_!_ Pt AZA `;I(IN ! F rir ?4 tf R Y. r - a S ' Y Y �1 > CEGERAL SIGN FL ONO J TRAVLi P/ A7A 1, if - r-.! -) W., .) ( - j.,, " V' loMMERSTO E. N ` YFF Xi tit -rl 41W., - r^ ; -t 04 :f ON ALL' L-, PIN A t I L TA MAIL' A( ro FEDERAL SIGN r- 0 6 6 I�Wdlr OWlill' Lr c`CidQ.d to -.c��•,�ey �`� ���� �7 '��s tie „n $r� d . � �=�-fit' e , y S 4 Z} 4 r 9� e1 — • All April 2, 1997 To whom it may concern: On February 28, 1997 the Frederick County Board of Supervisors approved a Master Plan for the White Hall Business Park (Flying J Travel Plaza)' At that meeting I specifically asked if the access road`"shown would be built as a part of the Flying J Travel Plaza construction. Mr. Evan Wyatt of the Frederick County Planning Staff answered "YES". Please note that the master plan before me on that date showed the access road extended to the boundary line of lot 4 and was labeled "Phase I". I would be very disappointed if I felt anyone misunderstood the requirements either then or now. Sincerely, Richard C. Shickle Supervisor, Gainesboro District Frederick County cc. Kris Tierney CN Evan Wyatt N COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Kris C. Tierney, Director FROM: Evan A. Wyatt, Deputy Director f rul RE: Letter From Craig Call - Facsimile Date April 2, 1997 DATE: April 2, 1997 As requested, I have reviewed the information in the above referenced letter. The essence of this letter pertains to a belief by the Flying J, Inc., that Article XVI, Interstate Area Overlay District, of the Frederick County Zoning Ordinance, permits their business to construct a freestanding business sign that is 500 square feet in size. The basis for this belief is that the Flying J Plaza has several primary uses located on site; therefore, administrative approval should be granted for a sign that is up to 500 square feet in surface area. The letter states that the primary uses at the Flying J Travel Plaza include a restaurant, two fast food restaurants, retail and personal services such as a barber shop, laundromat and games, general offices and automobile service and service stations. The letter also states that the Zoning Ordinance does not define the word use or primary use. I find several points in this letter interesting and offer the following response: 1) Article XXI, Definitions, of the Zoning Ordinance, provides a definition for use and accessory use. They are defined as follows: USE - any purpose for which a lot or structure may be designed, arranged, intended, maintained or occupied or any activity, occupation, business or operation carried on a parcel of land. ACCESSORY USE - a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principle use. 107 North Kent Street • Winchester, Vii-ginia 22601-5000 Tierney Memo Page -2- April 2, 1997 2) The property in which Flying J Travel Plaza is site planning for development is zoned B-3, Industrial Transition District. The Flying J Travel Plaza was permitted because the primary use was determined to meet the SIC Major Group 55 - Automotive Dealers and Gasoline Service Stations. Under this major group is subgroup 5541, Gasoline Service Stations, which allows truck stops with fuel sales. The B-3 District does not permit SIC 58, Eating and Drinking Places (ie: restaurants and fast food restaurants), nor does it permit SIC 72, Personal Services (ie: barber shops) with the exception of subgroup 721, laudromats. 3) Section 165-119A, Qualifying Criteria, of the Interstate Area Overlay District Article, states that the uses specified within SIC Major Groups 53, 55, 56, 58 and 70 be permitted to erect a commercial business sign that is of a greater height and size than is permitted in the underlying zoning district. As you can see from the information under point 2, the only permitted use authorized to erect a larger sign as prescribed by the IA Overlay District is the truck stop with fuel sales. 4) If Frederick County determines that the three restaurants are permitted to be operated as a part of the Flying J Travel Plaza, they would clearly have to be operated as an accessory use to this business. The IA Overlay District only allows larger signs to be erected for the primary use. 5) The only primary use permitted on this that is permitted to have a sign prescribed by the requirements on the IA Overlay District is the truck stop with fuel sales; therefore, section 165-120C would permit one sign to be installed and section 165-120F would allow the message portion of this sign to be up to 300 square feet in area. I would be happy to answer any questions regarding this information. APR-02-97 WED 07:19 AM P.02 Flying J Inc. P.O. Box 678 Brigham City, UT 84302 Iris Tierney, Director Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 VIA FACSIMILE: (540) 678-0682 bear Kris: RE: Sign Configuration - Flying J Travel Plaza On behalf of Flying I, I am submitting this letter to support our request that we be allowed administratively a high-rise sign with total square footage of surface area of 500 square feet, with the height above sea level to be determined by the Board of zoning Appeals through the variance process. This would be in addition to two or three signs of more modest size along the road fronting the project. Under the terms of the Zoning Ordinance of Frederick County, commercial uses in the IA (Interstate Overlay) District, are allowed one business sign for each primary use located on the same parcel. (Sec 165-120 (C)(1)). Lach sign can be up to 300 square feet in area and must be 25 feet or more in height above the base of the sign support pole. (Sec 165-- 120 (F)(1)), More than one sign can share a common pole if the uses for which the sign is placed are located within the Interstate Overlay District. In this case, the signs shall not exceed a total of 500 square feet in area so long as the bottom of the sign is 25 feet or more above the base of the sign support pole. (Sec 165-120 (F) (2)). The maximum overall height of the sign at the exit our facility is to be built at is 710 feet above mean sea level without a variance from the Board of Zoning Appeals. (Sec 165- 120 (I)). Neither the word "use" nor the phrase "primary use" is not defined in the ordinance. In Section 165-27 a list of "uses" is included in the text in discussing parking spaces, One can assume that this list includes a number of `primary uses", as each "use" listed is assigned a parking ratio. If the parking requirements of the Flying J Travel Plaza were calculated, the staff would be justified in looking at the facility as a combination of APR-02-97 WED 07:20 AN • P.03 "primary uses" and assigning each a number of required parking stalls. Among the "uses" listed in Section 165-27 that are included in the Flying I Travel Plaza are the following. Restaurant Fast food restaurants (2) Retail and Personal Services: (such as barber shop, shoe shine, laundromat, games) General offices Automobile service and service stations. In Section 165-119 (A), several specific uses are allowed to erect commercial business sign(s) that are of greater height and size than is permitted in the underlying zoning district. The uses listed include: General merchandise and apparel stores. Automotive dealers and gasoline service stations Bating and drinking establishments The Flying J Travel Plaza includes a general merchandise store with inventory far exceeding that of a normal convenience store; three eating and drinking establishments; and a gasoline fueling facility, normally included as a distinctive variation on the Standard Industrial Classifications under "Automotive dealers and gasoline service stations". A strict reading of the ordinance could allow a sign for each use, or a total of five. Each sign could be 300 square feet and reach to 710 feet above mean sea level. Where has been some discussion on the issue of whether separate primary uses can only exist under separate ownership. That issue is not addressed in the ordinance. Where the ordinance is silent, the duty of interpretation is given to the Zoning Administrator. (Section 165-4 (Q. We would ask that the ordinance be interpreted to allow the attached sign, which is less than 500 square feet in area, to advertise two or more uses at the Flying J Travel Plaza. The price sign would relate primarily to the gasoline station use; the Flying J logo rectangle would relate to the travel plaza uses, including the food services, general merchandise sales, and personal services available. We understand that the height of the sign may be a variance issue, We would ask that the staff join us in determining the best height for the sign. Once the appropriate height is agreed upon, and if a height variance is required, we would ask that the staff recommend approval of a variance, which would be much reduced from our last request, to the Board of Zoning Appeals. • 0 We would also ask that three signs of much more modest size be allowed along our property frontage on the highway that crosses the interstate and travels across the front of our facility. These would include one for the Country Market Restaurant, one for the fast food operations, and one that would advertise our fuel prices as required by state and federal law. Z will have a drawing of these signs faxed to you today from our office in Utah. Please allow me to discuss this proposal with you when you have had time to review it with your staff. Yours truly, Craig CalN,__) Community Liar (801) 540-2974 0 FLYING J TRAVEL PLAZA PANAFLOC FLOWS FACE FOR mA.*R IDENTIFIGUION SFCYION (31 UM WIT34 H4TI4Vt,V_ HORIZONTAL LUA&HAnCN.) IA "OKCU, WITH FLACK COPY AND COLOR GRA KCs MUTE FABRIC FACE AM,TERIA . YFLLOWNT56m SUNFLOY/ER ORANDENTM04 ORANGE RED- V T4737 RED Yt M LHEET UKTAL FAAWATFD FILLER AND REMN ER TO HAVE UrN BLA" FINISH SKYLINE PRODUCT3 PRICE t)4puY RYATEM MOT CHARACTERS A REMOTC CCHTRCLUO PRIG Lcom" MJNT SUPPORT: SAnN BLACK i f>tCINtERING NOTE r FOUNOATtON REQUIRE"wT! a",.w METYf>IOAL AND 4NYREGUIRE EHOWEERIHa] ' I FA4 TH SOIL CONtNTUMS ANC COOS RESTMTICK] FCR THE SPECIFICOMaWICAREAIN I i1A1qKx4 waN SMALL WSTAU � t SIGN TYPE B DOUBLE -FACE, INTERNALLY ILLUMINATED HIGH RISE 61GN WITH GAS 61ON SIGN PROGRAM U A"5 Gah) p�wLa) 1�4• ' 14' CTR. 498.95 SCE. FT HI -RISE Flying J Travel Plaza Location: WINCHESTER, VArx . FEDERAL SIGN RANDOLPH L. GORDON, M.D., M.P.H. Department of Health ROCKBRIDGE SQUARE SHOPPING CENTER COMMISSIONER Office of Water Pro rams 131 WALKER STREET 9 LEXINGTON, VIRGINIA 24450-2431 Environmental Engineering Field Office PHONE: (540) 463-7136 FAX:(540) 463-3892 27 March 1997 SUBJECT: Frederick County Water/Sewerage - General 1(Flying J Travel (Plaza Mr. Mike Ruddy Frederick County Planning & Building Department 107 North Kent Street Winchester, Virginia 22601-5000 Dear Mr. Ruddy: This is in reference to our conversation of 26 March 1997 regarding the status of water and wastewater facilities for the Flying J Travel Plaza at Clear Brook, Virginia. As discussed, we have essentially completed our review of wastewater treatment facilities and will be forwarding our approval recommendation to the Department of Environmental Quality in the very near future. The water system situation, however, is a very different matter. Water system approval is not imminent and may take several more weeks to complete. To date, a well has been drilled and undergone initial testing to determine its yield, bacteriological quality, chemical quality, and whether it is under the direct influence of surface water. Preliminary well test information indicates a yield in excess of 100 gpm and that filtration and disinfection facilities may be required to meet current water quality concerns. A final determination of the type of treatment facilities required can not be made until all test data is available. Following a treatment determination, the owner must submit plans and specifications for review and approval prior to initiation of treatment facility construction. Based upon the above comments, this office would not object to the issuance of a building permit for the Flying J Travel Plaza provided it was conditioned or worded such that the certificate of occupancy could not be issued until the water system was approved and any required treatment facilities fully operational. Mr. Mike Ruddy 2 27 March 1997 SUBJECT: Frederick County Water/Sewerage - General (Flying J Travel Plaza) Hopefidly, the above adequately addresses the concern raised during our conversation. If not, do not hesitate to contact me. Very truly yours, mv-j Harold T. Eberly District Engineer HTE/bt/97032702. doc cc Frederick County Health Department VDH - Richmond Central � FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 March 19, 1997 Mr. Bill Brennan Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 RE: Final Review of Flying J Travel Plaza Site Development Plan Dear Bill: I have had the opportunity to review the above referenced site plan resubmitted to our department on March 17, 1997. In revising the lighting scheme, you failed to eliminate the original lighting located central to the parking area and in the raised islands. Please correct this prior to providing us with the five copies of the site plan necessary for final approval. As a result of our meeting on the March 12, and to help clarify what must transpire in order to obtain a building permit, I would like to make it clear that final site plan approval is contingent upon receiving approved comment sheets from the Virginia Department of Transportation, the Virginia Department of Environmental Quality and the Office of Water Programs. Final site plan approval must be obtained from these agencies in order to enable the issuance of any building permits. Approval has been received from the Frederick County Inspections Department, the Frederick County Engineer; and the Frederick County Fire Marshal. Please contact me if you have any questions regarding this letter. Sincerely. Michael T. Ruddy Planner I MTRJcc cc: Charles W. Orndoff, Sr., Stonewall District Supervisor John Riley, Jr., County Administrator Mike Miller, Wieser Architects. 107 North Kent Street • Winchester, Virginia 22601-5000 Harris, Inc. Planners/Engineers/Surveyors 41 East All Saints Street/Frederick. MD 21701 (301) 662-4488, FAX (301) 662-4906 W 9 March 17, 1997 $; � :iFQV�� Mr. Michael Ruddy County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 Subject: Flying J Travel Plaza HSA Job #6552-0-FLYJ Dear Mike: I am enclosing one copy of the revised Site Plan for your review. The following revisions have been made in accordance with your letter dated March 12, 1997. 1. The plans have been sealed by a Registered Engineer. 2. Property information showing the interior lots prior to consolidation have been removed. 3. The front setback along Interstate Rte. 81 has been labeled correctly. The 15 foot setback along Rte. 81 has been labeled to reflect a proposed Allegheny Power Easement. 4. Signs C & AF have been moved to reflect a 10 foot setback from the sign edge instead of the support. 5. Outdoor lighting has been revised for the truck parking area. 6. Clarified that the proposed board -on -board fence will also enclose the large propane tank. 7. Virginia Department of Transportation (VDOT) is requiring all proposed grading is to be within the right-of-way line. The Agreement with Inter -State Orchards is contingent upon VDOT determining the right-of-way width. • Mr. Michael Ruddy March 17, 1997 HSA Job 46552-0-FLYJ Page 2 We have eliminated the raised islands in the truck parking area 9. As a result of our meeting the other day, and the progress of the project, it appears that the benchmark note will be adequate. The benchmark note was also placed on the cover sheet. 10. The Landscape Plan was revised to add the Showy Border Forsythias along the eastern edge of the car parking area. Some additional plantings were added along the eastern truck parking area. Please keep in mind that trucks will back into the spaces along Route 81. A copy of the Consolidated Plat was delivered to your office for your records on March 12, 1997. If you need additional information, please contact this office. Very truly yours, William J. Brennan, Jr., PE Project Manager WJB/cl j;letters/6552flyj.doc Enclosures cc: Engineering COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 March 12, 1997 Mr. Bill Brennan Hams, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 RE: Fourth Review of Flvin, J Tra%el Plaza Site Development Plan Dear Bill: I have had the opportunity to review the above referenced site plan resubmitted to our department on March 5, 1997. Several comments from our previous reviews were unaddressed during the revision. In addition, several of the changes made during this latest revision require attention. The following are comments that need to be addressed during the final revision of this site plan: 1) Please show the signed certificate or seal of the surveyor, engineer, or architect preparing the plan. This individual must be licensed by the State of Virginia. ✓ 2) Please provide this office with a recorded copy of the consolidation plat. This plat must have been recorded with the Clerk of Frederick County. 3) Please remove the property information for the previously unconsolidated lots from the site plan. This information is redundant, as the lots have been consolidated. ✓ 4) The 50' front setback line along Interstate 81 is incorrectly labeled as a 25' setback line. Please revise this and eliminate the line depicting the 15' setback along Interstate 81 which is incorrect. V 5) Signs C and AF are shown on the site plan as being within the 10' sign setback area. Please revise their location. Please include with the site plan the package that details each individual sign that will be used on the site. The sign contractors and Flying J should be advised that no sign permits will be issued prior to site plan approval. t- 6) Thank you for including the location, height, and specifications of the outdoor lighting fixtures as part of the site plan. The location of the light poles internal to the parking lot is unacceptable. Please remove them from the parking area and place them either in the raised tE islands or on the perimeter of the parking lot. As a reminder, the sources of light on the lot shall be controlled to prevent glare beyond the lot line. The lighting shown around the perimeter of the parking areas should be setback a minimum of 3' from the car parking areas and a minimum of 5' from the truck parking areas. 107 North Kent Street • Winchester. Virginia 22601-5000 Flying J Travel Plaza Site Plan Review Page 2 March 12, 1997 7) It is unclear on the site plan as to whether the enclosure detailed on sheet C8 will also enclose the propane tank. Please address this on the site plan. 8) Site plan approval is contingent upon the Virginia Department of Environmental Quality's approval of the Waste Water Treatment Plant and associated system. The system approved by the DEQ must be accurately represented on the site plan. 9) The line depicting the right-of-way along Route 669 and the grading easement on the Inter- state Orchard property are shown as one on the site plan. Please address this as the legal documents depict the road right-of-way and a separate grading easement on the orchard property. 10) Thank you for providing the raised islands within the truck parking area. As you are aware, this is a minimum standard. It is our opinion that guard rails should be added to the ends of the islands as an additional measure to aid in circulation, protect the islands and the landscaping, and most critically, provide additional protection for the light poles located within the raised islands. 11) At this point, the benchmark notation clarifies the inconsistency between the units of elevation shown on the plan and actual elevations above sea level. Please also provide this description on the cover sheet in the vicinity of the legend. As you now have this information, we would still prefer to see the existing and finished contour lines on the site plan in feet above sea level. 12) In reviewing the revised landscaping plan, it appears that several changes have been made. Along the eastern side of the car parking area, the revised plantings are acceptable. However, the Showy Border Forsythias which were removed should be replaced in order to achieve the function of screening headlights from the adjoining right-of-way. In addition, please replace the plantings eliminated from the eastern side of the truck parking area. This, along with the addition of the Showy Border Forsythias to this area, would create the height and density of plantings sufficient to screen truck headlights from the Interstate 81 right-of-way. Please revise your site plan to reflect the comments specified in this letter and resubmit one copy for my review. Once I have verified the information contained on the revised site plan, I will need all approved review agency comment sheets and five copies of the final site plan for approval. Approved comment sheets are required from the following agencies: the Virginia Department of Transportation, the Frederick County Health Department, the Inspections Department, the Frederick County Engineer, and the Frederick County Fire Marshal. Also, the Office of Water Programs and • 0 Flying J Travel Plaza Site Plan Review Page 3 March 12, 1997 the Department of Environmental Quality, respectively, will have to comment and approve the water and sewage disposal plans. Once again, the site plan must be approved by all of the above listed agencies prior to final site plan approval and the issuance of any permits. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy Planner I MTR/cc cc: Charles W. Orndoff, Sr., Stonewall District Supervisor John Riley, Jr., County Administrator Mike Miller, Wieser Architects. Harris, Planners/En 'nears/Surveyors 41 East All Saints treet/Frederick, MD 21701 (301) 662- 88, FAX (301) 662-4906 cOTO, rOT-4tAdJeJ FEDERAL EXPRESS S REVISED PLA UBMITTAL TO: Michael T. Ruddy, Frederick County, Virgi Department of Planning & Development FROM: William J. Brennan, Jr., P.E. /0///(. DATE: January 27, 1997 'v " SUBJECT: Flying J HSA Job #6552-0-FLYJ ---------------------------------------------------------------------------------------------------------- As you requested, the following revisions have been made to the Site Plan. 1. A 50' b ' ing-restriction line has been added to the plan. / 2 5 2. The relocated electric poles have been shown along the property line in common I with U.S. Route 81. 3. Landscape areas have been added in the truck parking area. Also, the landscaping has been revised near the `C' store entrance as well as the tank farm area. 4. A board -on -board fence detail has been added to the site detail sheet. This detail is for the screening for the propane tanks and storage areas. 5. Signage has not been added to the Landscape Plan at this time. I am still waiting on signage details from the manufacturer. Please approve the Site Plan without the sign information and I will amend the plan once I receive all the information. 6. The USGS Benchmark for the site is a chiseled square located on the southwest corner of the southerly bridge abutment of Route 669 crossing Route 81. The LIA Michael T. Ruddy Frederick County, Virginia January 27, 1997 HSA Job #6552-0-FLYJ Page 2 elevation is 662.96. The surveyor has also placed two hubs approximately 50 feet apart near the proposed sign. The elevations are 643.9 for the north hub and 636.7 for the south hub. The sign location may change based on the Owner's survey. WJB/C1J;memos/65520127. doc Enclosures cc: Mike Miller/Wieser Architects, w/1 copy -- Federal Express Gary Cartensen/Flying J (PDG, Inc.), w/1 copy -- Federal Express I January 27, 1997 Mr. Bill Brennan Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 RE: Third Review of Flving J Travel Plaza Site Development Plan Dear Bill: I have had the opportunity to review the above referenced site plan resubmitted to our department on January 15, 1997. Numerous comments from our previous two reviews were unaddressed during the revision. The following are comments that need to be addressed during the final revision of this site plan: 1) Please show the signed certificate or seal of the surveyor, engineer, or architect preparing the. plan. This should be done as soon as possible in order for any permit, including a footincj g foundation only permit, to be issued. 2) A consolidation plat should accompany the site plan. This must be present prior tc '-ne issuance of any permit including the footing foundation only permit. 3) Please provide the Property Identification Number (PIN) of the consolidated parcel being developed. Also, please show all the property information for parcel 33-A-90 on sheet C-2A. 4) Please show the location of all required setback lines. A 50' front setback should be inciuded along the Interstate 81 right-of-way. The location of the well hcuse and water tank may need to be adjusted slightly in order to meet this requirement. It may be appropriate to locate the landscaping in this area on the Interstate 81 side of the water tank and well house. 5) On the forthcoming sheet depicting the sign layout, please verify that all signs confori-n to Frederick County's sign requirements. If a variance has been issued for any of the signs. please cite the appropriate variance number. It may be useful to include with the site plan, the package that details each individual sign. Please advise the sign contractors and Flying J that no sign permits will be issued prior to site plan approval. 6) Please indicate the location. height, and specificationsof any outdoor lighting fixtures as part of the site plan. The outdoor licy shall be arranged to deflect glare away from ad•,oining properties and public streets. Sources of light on the lot shall be hooded or controlled to prevent glare beyond the lot line. 107 North Kent Street • Winchester, Virginia 22601-5000 f� 0 Flying J Travel Plaza Site Plan Review Page 2 January 27, 1997 7) Phase show the detail of the outdoor storage areas in the site plan. This includes the enclosure around the propane tank, and the trash dumpster and compactor. Both should be enclosed by a 6' high opaque wooden stockade fence rather than the chain link fence. 8) Site plan approval is contingent upon the Virginia Department of Environmental Quality's approval of the Waste Water Treatment Plant and associated system. The system approved by the DEQ must be accurately represented on the site plan. 9) Please provide the legal documents describing the adjusted right-of-way and the 10' grading easement associated with the Route 669 improvements. The line depicting the previous right- of-way should be removed. 10) Please show the location of all easements on the property. The wellhead protection easement should be described on the site plan. Also, any easements associated with new or relocated utility services should be identified. 11) Please revise the parking calculation summary table. It appears that sufficient parking has been provided on the site. However, the parking calculations should be broken down as follows: Restaurants - one space / 100 square feet Fast Food Restaurants - 1.4 spaces / 100 square feet Retail and Personal Services - one space / 200 square feet In addition, the handicap spaces should not be calculated twice and the number of spaces listed as provided should correctly reflect those depicted on the site plan. 12) Please revise the handicap spaces located directly in front of the main entrance to the building. The two western most handicap spaces should be revised to reflect the universal concept correctly utilized at the other handicap parking locations on site. 13) In accordance with minimum zoning ordinance requirements, raised landscaped islands shall be installed at the ends of the floating truck parking spaces abutting driving aisles. Please add these raised landscaped islands. This is a minimum standard, and Flying J may wish to embellish these requirements and circulation in general by providing larger islands, appropriate landscaping (i.e., taller evergreen plantings), guard rails, and directional signs. In addition, the raised island in the parking area designated for R.V.'s, and a portion of the truck parking area perimeter should be revised as marked on the enclosed plan. Flying J Travel Plaza Site Plan Review Page 3 January 27, 1997 14) Please revise the existing and finished contour lines to show feet above sea level. Current units of elevation provide no connection to actual elevations on site. This is essential, as the permitted height of the proposed sign is determined by the mean feet above sea level. 15) In reviewing the revised landscaping plan, it appears that only some minor alterations are needed. Please provide landscaping in the raised islands that will be added. It may be appropriate to include tall, straight evergreen plantings in the truck area. This will assist in identifying the location of the islands and also avoid the conflict of having canopied trees in a truck area. In addition, please relocate the three Dogwoods you wish to move from the northwest corner of the building to the area in front of the Country Market as marked on the plan. Please add Showy Border Forsythias to the area between the truck parking area and the proposed landscaping along the eastern side of the truck parking area. This should be of a similar density to that provided in the area adjacent to the car parking area, and should be of a sufficient height to screen truck headlights from the Interstate 81 right-of-way. Please revise your site plan to reflect the comments specified in this letter and resubmit one copy for my review. Once I have verified the information contained on the revised site plan. I will need all approved review agency comment sheets and five copies of the final site plan for approval. Approved comment sheets are required from the following agencies, the Virginia Department of Transportation, the Frederick County Health Department, the Inspections Department, the Frederick County Engineer, and the Frederick County Fire Marshal. Also, the Office of Water Programs and the Department of Environmental Quality, respectively, will have to comment and approve the water and sewage disposal plans. The site plan must be approved by all of the above listed agencies prior to the issuance of any permits. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy Planner I MTR/cc cc: Charles W. Orndoff, Sr., Stonewall District Supervisor John Riley, Jr., County Administrator Mike Miller, Wieser Architects COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 January 21, 1997 Mr. Bill Brennan Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 RE: Flying J Travel Plaza Site Development Plan Dear Mr. Brennan: As a follow-up to our meeting on January 15, 1997, I would like to clarify exactly what needs to provided to this department in order for us to entertain the possibility of issuing a footing foundation permit, prior to. final site plan approval, for the above referenced project. Please provide a full set of drawings that contain the certificate of a professional engineer certified by. the State of Virginia. All required setbacks should be shown on the plans. Also, please include an approved copy of the consolidated plat. This plat should contain the Property Identification Number given to the consolidated parcel. In addition to the above, please provide a copy of the DEQ discharge permit for review and approval by the Frederick County Engineer. Comments concerning the third review of the site plan submitted to this department by yourself at our meeting will be forthcoming. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy Planner I cc: Mr. Mike Miller, Wieser Architects. 107 North Kent Street • Winchester, Virginia 22601-5000 • �' Ite,,J Lt w Sr.Ftemhcr 11, 11)96 Harris, Smariga & Associates, Inc. Attn: Bill Brennan 41 East All Saints Street Frederick, MD 21701 Dear Mr. Brennan: COUNTY of FREDERIC K Department of Planning and Development 540/ 665-5651 FAX: 540/678-0682 I have had the opportunity to review the above referenced site plan resubmitted to our department on S: ptember 4, 1996. Numerous comments from our initial review were unaddressed during the revision. The following are comments that need to be addressed during this revision of the site plan: Please show the signed certificate or seal of the surveyor, engineer, or architect preparing the plan. 2) Please provide a location map that is drawn to the required scale, which shows the parcel being developed, and correctiy identifies adjacent roads. A location map similar to that on the Master Development Plan would suffice. 0Please provide a consolidation plat for the limits of Phase 1 (lets 1. 2 and 3) of the 0 deve lopment and depict the surveyed boundaries accordingly. lr�i- -+; �' � the correct acreage of the lot consistent with the consolidated plat. �. Please provide the Property Identification Number (PIN) of the consolidated parcel being developed. Also, please correct the property information for parcel 33-A-90 on skeet C-2A. F;case correct the location and dimensions of the required 35' front setback along" Zachary Ann Line. This front setback may affect the location of the Waste Water Treatment Plant. 107 North Dent Street - Winchester, Virginia 22601-5000 r- c 1 • / V _ L Page 2 Flying J Travel Plaza Site Plan Review V� September 9, 1996 7) Please include a sheet that depicts the location and detail of the signs in the site development plan. This should be similar to the dimension sheet of the plan, in that the location of the signs will be clearly determined as will the required setbacks for the signs. The method used in the architectural plan to identify the signs would be ideal. 8) Currently, the proposed "Sign A" far exceeds both the permitted height and the permitted size for freestanding business signs within the Interstate Area Overlay District. The maximum business sign height at Interstate Exit 323 can not exceed 710 feet above mean sea level. The contour elevations shown on the site plan are incorrect. Taking the elevation at the base of the sign to be 650 feet above mean sea level, the sign cannot exceed 60 feet in height. Also, the message portion of the freestanding commercial business sign shall not exceed 300 square feet. 9j Please indicate the location, height, and specifications of any outdoor lighting fixtures that may be included on the site plan. How will the parking areas and the building be illuminated? 10) Please show the detail of any outdoor storage areas. This includes the enclosure around the propane tank. The propane tank should be enclosed by an opaque wooden stockade fence rather than a chain link fence. 11) Please show the details of the structure required to enclose the trash dumpster and compactor. As above, this should be in the form of a 6' high opaque wooden stockade fence. - 12) Please provide details regarding the waste water treatment plant facility. In particular, building dimensions and connections to the travel plaza facility. V 13) Please make sure that the F.A.R. calculations are consistent with acreage shown on the consolidated plat. 14) In accordance with the Master Development Plan, the proposed improvement to Rest \___ Church Road (Route 669) requires the developer to obtain property from the Inter -state hard Company to the north. Please provide the deed of dedication or similar verification hat this portion of land was obtained. The adjusted boundary line should be reflected on the �� site development plan. Page 3 Flying J Travel Plaza Site Plan Review September 9, 1996 ! ,�,tu cn- 15) Please show the location of all easements on the property. In particular, any easements associated with the waste water treatment facility and wellhead protection area. 16) 17) 18) Please provide the calculations describing the number of parking and loading spaces required and provided. It appears that sufficient parking has been provided on the site. However, a summary of the parking should be inclpoed� Please provide the dimensions of the disabled parking spaces and ramps. Also, the two / disabled spaces floating in the center of the parking area should be located directly in front of the restaurant entrance that faces north. In accordance with zoning ordinance requirements, raised islands shall be installed at the v ends of all parking bays abutting an aisle or driveway in the B3 Zoning District. Please add a landscaped raised island at the end of the parking area designated for R.V.'s. Also, landscaped islands should be added to the ends of the floating truck parking spaces. This \�f� delineation of driveways, especially between the parking and the scales, is essential. C19)1 )Please revise the existing and finished contour lines to show feet above sea level. Current units of elevation provide no connection to actual elevations on site. The permitted height of the proposed sign is determined by the mean feet above sea level. 20j The proposed landscaping plan appears to meet the requirements of the ordinance. However, some minor alterations are needed. Please correct the symbol for the "Newport" Plum to correspond with that shown on the site plan. Please provide landscaping in the raised k, o islands that will be added. This may increase the quantity of "Skyline" Locusts that are wo ywU provided. Also, there is a White Pine and a Eastern Redbud located in the drainage way that dvr1•reA,-, runs between the truck parking area and the Waste Water Treatment Facility. Please relocate them on the bank of the drainage way adjacent to the truck parking area. 21) Please contact the Frederick County Engineer to verify that the changes made to the drainage way adjacent to the revised parking area do not compromise the stormwater management plan and the erosion and sedimentation control plan. Page 4 Flying J Travel Plaza Site Plan Review September 9, 1996 Please revise your site plan to reflect the comments specified in this letter and resubmit one copy for my review. Once I have verified the information contained on the revised site plan, I will need all approved review agency comment sheets and five copies of the final site plan for approval. Comment sheets are required from the following agencies, the Virginia Department of Transportation, the Frederick County Health Department, the Inspections Department, the Frederick County Engineer, and the Frederick County Fire Marshal. Also, the Office of Water Programs and the Department of Environmental Quality, respectively, will have to comment and approve the water and sewage disposal plans. Please contact me if you have any questions regarding this letter. Sincerely, /11�� �11� Michael T. Ruddy Planner I MTR/cg 9� Ad� a rel�wlo�,tt e- E1 June 25, 1996 Harris, Smariga & Associates, Inc. Attn: Bill Brennan 41 East All Saints Street Frederick, MD 21701 Dear Mr. Brennan: '� I (V COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 I have had the opportunity to review the above referenced site plan received by our department on May 22, 1996. The following are comments that need to be addressed during the revision of this site plan: 1 Please correct the zip code and area code of the Rainbow Group on the cover sheet. 2) Please show the signed certificate or seal of the surveyor, engineer, or architect preparing the plan. v 3) Please provide a space labeled "Approved by the Zoning Administer" for the approval signature and date of approval. 4) Please provide a location map that is drawn to the required scale and shows the parcel being developed. A location map similar to that on the Master Development Plan would suffice. 5) Please include a graphic representation of the scale along with the numeric representation of the scale on each sheet of the site development plan. ✓ 6) Please include a north arrow on sheets C3, C 13, and C 14. 7) In accordance with the Master Development Plan, the entire area of Phase I must be included within this site development plan. 8) Please provide a consolidation plat for the limits of Phase I of the development and depict the surveyed boundaries accordingly. L_l+-n I , 9-, 3 +�, o f 9 Please show the correct acreage of the lot consistent with surveyed plats. — -► F tti�a-s 10 Please provide the zoning and Property Identification Number (PIN 9) of the parcel being developed. Also, please provide the use, zoning, property identification number, and deed book,Ipage number for all adjoining properties. K-2A 11) Please show the location and dimensions of all required setbacks on the dimension sheet of the site development plan. ="T t� L�,, ,)� i , t, p � 1 :rV '1 < �,s.✓ ; - r•,r � v r . r. ay; 107 North Kent Street • Winchester. Virginia 22601-5000 Site Plan Review June25, 1996 VAA_ Page 2 +'el�n��u.>'�- p LwV4 "RkXA ' �O 12) Please clearly depict the location of sidewalks and pedestrian ways on the site plan. This detail may be included in the legend. 13 Please indicate the location, height, and dimensions of all signs existing on the site, or proposed on the new site plan. F4) Please indicate the location, height, and specifications of any outdoor lighting fixtures that may be included on the site plan. U �L't-10. o � P ad .4- t, q , -,�- e-N'cr 15 Please show the location and detail of any outdoor storage areas. This includes the erLj- well house, propane tank, water tower, and any other outdoor storage areas that may be on the site plan. 16) Please show the location of outdoor trash receptacles and details of the structure required to enclose receptacles. If none are planned, please make a statement to that effect on the site plan. 4 ; � .. • ' 17) Please provide the height of all buildings and structures. This includes the travel plaza, waste water treatment plant facility, fuel island AAopies, and any other structures. 18) Please show the total floor areas of all buildings and provide the appropriate Floor to Area Ratio calculations for this property. + w ! p�c�Nn-e-4-e c. c a(c 19) Please include the name of existing Route 669 and its posted speed limit on the site c development plan."' 20 In accordance with the Master Development Plan, the proposed improvement to Rest Church Road (Route 669) requires the developer to obtain property from the Inter -state Orchard Company to the north. Please provide the deed of dedication or similar verification that this portion of land was obtained. The adjusted boundary line should be reflected on the site development plan. v 21) All road construction detail must satisfy V.D.O.T. requirements. 22), Please show the location of all easements on the property. In particular, access easements and any easements associated with the waste water treatment facility and wellhead protection area. 23) The location and nature of all facilities necessary to meet Fire Code requirements shall be approved by the Fire Marshal. This includes the location of the hazardous materials recovery and abatement area as per the fire and rescue department comments on the Master Development Plar�')k• o(tia.,, w 24 Please provide -die-calcu latiQns describing the number of parking)and loading spaces provided. The square footage of the building necessitates that two loading spaces must be provided. Please show the location and dimensions of these loading spaces. 25) Please provide the dimensions of the disabled parking spaces and.wiwps. 26) In accordance with zoning ordinance requirements, raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the 133 zoning district. All islands shall be at least nine feet wide and shall be landscaped with grass. shrubs or other ve<(yetati%e materials. Site Plan Review June 25, 1996 Page 3 27)' Please revise the existing and finished contour lines to show feet above sea level. Current units of elevation provide no connection to actual elevations on site. ✓ 28) Please show all environmental features that exist within Phase 1 of the development. All should be included on the site plan. T9-))Please embellish the landscaping plan. Shade trees need to be provided on both the perimeter and interior of the parking lots. This includes the perimeter of the parking lot -3MaA� directly in front of the travel plaza and the truck parking area, in particular, along Zachary r'h Ann Lane. Also, the amount, frequency, and in some places the height of the shrubbery need to be increased. The intention of this requirement is to reduce the visual impact of glare and headlights on adjoining rights -of -way, especially Interstate 81 and its ramp. 30) A calculation showing the percentage of the lot that is landscaped should be included on the plan. B3 zoning requires a minimum area of 25 percent to be landscaped. ✓ 31) The stormwater management plan and the soil erosion and sedimentation control plan shall be approved by the Department of Public Works. Please revise your site plan to reflect the comments specified in this letter and resubmit one copy for my review. Once I have verified the information contained on the revised site plan, I will need all approved review agency comment sheets and five copies of the final site plan for approval. Comment sheets are required from the following agencies, the Virginia Department of Transportation, the Frederick County Health Department, the Inspections Department, the Frederick County Engineer, and the Frederick County Fire Marshall. Also, the Office of Water Programs and the Department of Environmental Quality, respectively, will have to comment and approve the water and sewage disposal plans. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddv f Planner I MTR,'cg s • . Cku,k- (ram SITE PLAN CHECKLIST The checklist below indicates all the information that needs to be submitted as part of the site plan application. All required information must be submitted prior to the final approval of any site plan. The Department of Planning and Development will review the application to ensure that it is complete. If any portion is not included or complete, the site plan application will not be accepted and returned to the applicant(s). Site Plan Package 1. One set of approved comment sheets are required from the following review agencies prior to final site plan approval. It is recommended that applicants contact the Department of Planning and Development to determine which review agencies are relevant to their site plan application. Virginia Department of Transportation (VDOT) Frederick County Sanitation Authority Department of Planning and Development Inspections Department Frederick County Engineer (Public Works) Frederick County Fire Marshal Department of Parks and Recreation 2. One copy of the Site Plan application 3. Five Copies of the Final Site Plan for approval 4. One reproducible copy of the Site Plan (if required) 5. A 35mm slide of the Site Plan (if required) County Health Department City of Winchester Town of Stephens City Town of Middletown Airport Authority Sod & Water Conservation District 0 r� U r111 LA Site Plan Information Checklist The following information must be included on your site plan. If your site plan is incomplete or is missing information, it will not be reviewed and returned to you for revisions. Administrative Information Y N 1. Name of proposed development. 2. Name, address, and phone number of owner. 3. Name, address, and phone number of developer. 4. Name, address, and phone number of designer. Q,) Certificate of surveyor, engineer, or architect. 6. Date plan prepared and date of revisions. 7. A listing of all conditions placed on the site as a result of a ' conditional use permit or conditional zoning approval. A space labeled 'Approved by the Zoning Administrator' for the approval signature and date of approval. _ 9. A description of setbacks or conditions placed on the site as a result of a variance approval. (Reference the variance application number.) General Site Information Y N 10. Location map (scale 1:2000) 11. Magisterial District 12. Scale of site plan (not to exceed 1:50) /is. North Arrow Zoning of site Use, zoning, and Property Identification Number (PIN#) of all ' - of) adjoining properties. This includes properties located across nght-of-ways, streams, and railroad tracks. 16. Surveyed boundaries for all lots and parcels. n 9 r General Site (con't Y N 17. Acreage of all lots included in the plan. 18. The location and dimensions of all required setbacks and yard areas. 19. The location and type of all dwelling units. 20. Location and description of all recreation facilities. 21. Location of sidewalks and pedestrian ways. ' 22. Location and area of common open space. 23. The location, height, and dimensions of all signs. 24. Location, height, and specifications of outdoor lighting fixtures. 25. Location and nature of outdoor storage areas. 26. Location of outdoor trash receptacles and dimensions of structure (fencing, etc.) required to enclose receptacles. Buildina Information Y N 27. The height of all buildings and structures. 2 Location of all buildings, structures and uses. 29. The proposed use of each building, structure and area. 30q Ground floor area and total floor area of all buildings with PAR calculations for commercial and industnal zoning districts. Roads Y N C31. Name and number of existing and planned streets on and adjoining the site. 32. Location of existing and planned streets on and adjoining the site. l 33) Posted speed limit of existing adjacent roads. 34. Location and dimensions of all proposed entrances from public right-of-ways. 11 N • • 35. Location of all entrances on adjoining roads within 200 feet of the proposed or existing entrance. 36. Dimensions, boundaries, width, pavement, and construction of planned roads. Utilities Y N 37. Location of all utilities, including sewer and water lines with the size of lines, mains, and laterals. 38. Location and width of all easements, including access, utility, and drainage easements. 39. Location and nature of fire lanes, fire hydrants, and all other facilities necessary to meet Fire Cade requirements. Parking Y N 40. Calculations describing the required number of parking and loading spaces. 41. Location and dimensions of all parking and loading spaces, driveways, parking aisles, curbing and other features to be used. 42. Location and dimension of all disabled parking spaces and ramps. Natural Features Y N 3 Existing and finished contour lines. Fet e « moo_ 44.� Location of steep slopes, woodlands, floodplains, wetlands, sinkholes, and other environmental features. 45. Location of streams and drainage ways. u • Landscaping Y N 46. Landscaping plan describing location and types of plants to be used. 47. Location of required buffers and screening with cross sections or profiles. Erosion and Sediment Control Y N I 48. A stonnwater management plan with run off calculations and location and description of facilities to be used. 49. Soil erosion and sedimentation control plan describing the location and methods to be used to minimize erosion and sedimentation during development. 12 r It . • Elanis, ►SI Yla1�Q �LAS,SOC>4 5� II1G Planners/Engineers/Surveyors 41 East All Saints Street/Frederick, MD 21701 (301) 662-4488, FAX (301) 662-4906 REVISED PLAN SUBMITTAL TO: Michael T. Ruddy Frederick County Department of Planning & Development FROM: William J. Brennan, Jr., P.E. DATE: January 15, 1997 SUBJECT: Flying J Travel Plaza HSA Job #6552-0-FLYJ The following is our response to your review comments of September 11, 1996. 1. The Engineer's Seal will be added to the plans after all revisions are acceptable to Frederick County. 2. A location map drawn to scale has been added to the plan. The previous map was based on a road map of the County. 3. Consolidation Plat is being prepared. Title work is being updated for the Owner's dedication. 4. The acreage was revised. 5. The property information has been updated. The surveyor informs us that a new PIN has not been issued for the new parcel. 6. The setback along Zachary Avenue has been added. 7/8. The sign location and details are being shown on the architectural plans. It is my understanding that the signage company has been discussing the required revisions with your Department. I am anticipating to add the sign company's plans to this set for approval. Michael T. Ruddy January 15, 1997 HSA Job #6552-FLYJ Page 2 9. Parking light fixtures and building lights are part of the Electrical Plans. The Architect will be forwarding to you details under separate cover. 10/11. The detail of the outdoor storage areas is shown on the architectural plans. The detail indicates that the areas are to be enclosed by a black PVC coated chain link fence with matching color slots. Flying J would prefer to use this detail than the wood fence detail. 12. I have added the layout of the wastewater facility to the plans. This layout shows the proposed sewer connections as well as the tank layout. The building dimensions are shown on the WWTP's construction plans. 13. The calculations have been reviewed. 14. The new ROW line has been shown on Route 669 Improvement Plans. The deed will be forthcoming from the Owner. 15. The only easement I am aware of is the well head protection area. This easement is shown on Sheet C-5. 16. A parking summary has been added to Sheet C-2. 17. Dimensions were added. The two spaces were relocated to the side entrance. 18. A raised landscape island was added at the end of the parking area designated for RV's. Curb islands were not added in the truck parking area. These islands will be destroyed from the trucks accidentally running over them. 19. Again, the reason for showing an assumed datum is that control does not exist near the site. The surveyor determined that the local monument was destroyed. The surveyor also confirmed with the County that no control is within a reasonable distance. 20. The symbol for the "Newport" plum has been revised. Plantings have been added to raised islands near the RV parking. The White Pine and Eastern Redbud have been relocated. Michael T. Ruddy January 15, 1997 HSA Job #6552-FLYJ Page 3 21. This plan was submitted to the County Engineer. As of this date, I know of no comments from the Engineer. Comment Sheet Status VDOT - Revisions are pending. Frerlerick County Health Department - Have not received comments. Inspections Department - Have not received comments. Frederick County Engineer - Have not received comments. Frederick County Fire Marshall - Have not received comments. Office of Water Programs - Issued well drilling permit. Department of Em,ironniental Quality - Have not received comments. Frerlerick County Sanitation Authority - Not in their jurisdiction. WJB/c1j;memos/65520115.doe cc: File Enclosures RECEIVED BY: DATE: EMBASSY SUTES : TACE THE t-101U.' �:Pr 16-V e � Pub L,-C �t* [Cr'l EMBASSY SUITESO G1 S� The Commerce Center 2925 Emerywood Pkivy., Richmond, VA 23294 (804) 672-8585 FAX (804) 672-3749 or call 1-800 EMBASSY for Reservations COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM To: Kris Tierney, Planning Director From: Michael T. Ruddy, Planner I lt<7 Subject: Flying "J" sign proposals Date: January 16, 1997 On January 14 I met with Mr. John Riley from DMS Sign Connection to discuss the various signs that Flying J is proposing to include on the site they are currently developing. From looking at Mr. Riley's plans it is evident that there will be an abundance of signs on the Flying J site. The majority of these signs appear to be in compliance with the County's sign regulations. However, several of the signs are greater in size and height than is permitted by the zoning ordinance. Attached to this memo is the sign package originally submitted with their revised site plan in August of 1996. When comparing this sign package with the one presented by Mr. Riley it is clear that several zoning ordinance requirements along with my previous comments are not reflected in the package. The following is a summary of the signs within the package that would violate County sign requirements: Sign "A" is the sign associated with the IA (Interstate Overlay) District. * Permitted height - 710' above sea level. (Based upon the approximate height at the location of the sign, the sign could be approximately 60' in height). Proposed height-100'. 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 January 16, 1997 * Permitted size - 300 square feet. Proposed size - 1,014 square feet. Proposed within the 1,014 square feet is a 260 square foot animated sign which is not permitted by the zoning ordinance. Sign AE - Directional sign to be placed above the truck scales. * Permitted height - 10'. Proposed height - 20'. * Permitted size - 100 square feet. Proposed size - 104 square feet. It may be appropriate to recommend approval of a variance for the height of this directional sign. A hardship may exist based upon the fact that trucks are intended to drive underneath the sign and the location of the sign at the far end of truck parking area from the truck entrance would require the additional height to be visible above the parked trucks. However, there is no hardship associated with the size of the sign. Also, the sign package indicated two additional freestanding business signs along the front of the property identifying two restaurants within the travel plaza. Both of these proposed signs would exceed the 100 square foot size limit for freestanding business signs. In addition, no setbacks are shown for the proposed signs. Their location must be clearly indicated on the site plan. DMS Sign Connection, along with Federal Signs from Arlington Texas, are aware of all of the appropriate sign regulations, the variance process, and Planning Staff s position regarding the possibility of variances. Prior to approval of any site plan, an approvable sign package that complies with the requirements of the zoning ordinance must be submitted. MTR/bah • �^ L� I - 4 0 4rW COMMONWEALTH of VlRQINIA c� W ; DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY ;AVID R GEHH 1.1031 OLD VALLEY PIKE JERRY A. COPP P O BOX 278 RESIDENT ENGINEER EDINBURG. VA 22824-0278 TESE .5401984 S600 FAX 15401 984 5607 June 20, 1997 Mr. Robert P. Pease, P.E. Ref: Zachary Ann Lane / Ebert & Associates Whitehall Business Park 35 VV. Bcscawcn Street Route 669 Winchester, VA 22601-4740 Frederick Ccunty Dear Mr. Pease: We have received review comments from our District Office in Staunton. As we informed you on April 21, 1997, we are forwarding our comments as follows: Plan Sheet 1 of 5 1. The typical section should reflect an 8' shoulder in both cut and fill conditions. This change will necessitate an adjustment in length of all drainage structures. You should also check the right-of-way for adequacy at all widening situations. Currently the CBR rating in Frederick County is 6.0 instead of the 10.0 shown on the pavement design note. (See Page 15 of the VDOT Pavement Design Guide for Subdivision and Secondary Roads in Virginia.) An actual pavement design will need to be provided prior to plan approval by VDOT. Tian Sheer 2 of 5 2. The information shown in red at the intersection of Zachary Ann Lane & Route 669 (Rest Church Road) should be shown on the plan: Sight distance, distance to the nearest road intersection, intersection radii. 3 The quadruple 36" R.C.P. culverts located at approximate Station 16+50 will need to be extended due to the shoulder increase to 8'. The right side (west end) of the culvert should have special designed concrete slab end treatment (Special Design Section Drawing #2045) copy attached. WE KEEP VIRGINIA MOVING 4. All pipe culverts shollebe R.C.P. with ES-1's due to prod usage of roadway as commercial, light industrial with anticipated truck delivery service. 5. Detailed information should be provided for vertical cures: BVC, EVC, Sight Distance, K. 6. The proposed 0.00% gradient beginning at Station 24± and ending at Station 32+75± is undesirable. Sag vertical curve(s) should be designed back of and ahead of the box culvert at Station 25+50 to reduce the amount of roadway surface to be over topped by storm waters. Also on Plan Sheet 3 of 5. Plan Sheet 3 of 5 7. The quadruple c.m. box culvert located at Station 25+50 is not an acceptable alternative. The desired drainage structure for this site is a concrete box culvert. You should size the appropriate concrete box culvert and provide at this site. 8. The 1' space left between the proposed right-of-way and the west property line of the development could be considered to be a spite strip. Therefore, not legal in Virginia. You should place right-of-way on the property line. 9. Several lines should be identified: a) The proposed right-of-way. b) The construction limit line. c) Property lines on Whitehall Business Park lots should end at the east right-of- way line of Zachary Ann Lane. All other miscellaneous notes or comments shown in red should be addressed. Any changes made in design features should meet or exceed the standards. We are providing a copy of this letter to Mr. William J. Brennan, Jr. of Harris, Smariga & Associates, Inc., designer for Whitehall Business Park / Flying "J" Travel Plaza. We would suggest you contact Mr. Brennan to ensure your design is coordinated with his. When you have addressed all the above comments, please submit five copies of the revised plans for final approval. If you have any questions, please call. Sinc�2 ,ey�� Barry J. Sweitzer, Trans. Roadway Engr. For: Robert B. Childress, Permits & Subd. Spec. Supervisor BJS/rf Enclosure xc: Mr. R. B. Childress, Mr. S. A. Melnikoff, Mr. Kris Tierney, Mr. William J. Brennan, Jr., P.E. - Harris, Smariga & Associates, Inc. (k N = co CUIVI'L��•,a'::.'' LTTI of ''RtI'`' .. V�o ,, 1 . 'r '' o DEPARTMENT OF TRANSPORTATION EDIN©URG RESIDENCY LI DAVID R. GEHH a,.i: C,; Ci `JAI.LL i PIKL A. COPP F.DCllbUF;(. 7.1 J u ne 20, 1997 Mr. William J. Brennan, Jr., P.E., Project Manager Ref: FIN ing "J" Travel Plaza/ I larris, Smariga & Associates, Inc. Whitehall Business Park 41 All Saints Street Route 669 Frederick, MD 21701 Frederick Count. Dear Bill: Your site plan dated March 13, 1997 for the referenced project has been reviewed at VD0T. We have the following comments as shown in red on the plan sheets: tiheet 2 of 16 The (luadruple 36" R.C.P. culverts located at Station 6+50 on Zachary Ann Lane should have special design end section (Special Design Drawing #2045) on the right Side (west end), copy attached. The ends of the culverts will also need to be extended to accommodate the increase in shoulder dimension required for Zachary Ann Lane. A manhole structure should be added at the junction of the 15" R.C.P. culvert to the 36" R.C.P. culvert for the purpose of future maintenance. 2. A 5' level space should be provided at the back of curb on the north side of Route 669 before the ditch slope begins downward. 3. Address drainage toward the west end of the site along Route 669. Consider the need for a drop inlet at the east side of Zachary Ann Lane and a R.C.P. culvert under Zachary Ann Lane. On both sides of Route 669 where curb & gutter ends, consider the need for riprap ditch lining. 4. All right-of-way lines (existing: see VDOT Plans Project #0081-034-001, G306 & Project #0081-034-105, C501) and the proposed right-of-way to be dedicated to VDOT should be clearly shown. Also clearly define the I-81 limited access line and limited access fence and identify any relocation of the limited access fence. 5. A note should be added to state "absolutely no work is to be performed within the 1-81 right-of-way prior to a land use permit being secured from VDOT". WE KEEP VIRGINIA MOVING Mr. William J. Brennan f1hitchall Fh•me "I" Travel PI,I [3usmess Park June20, 199 r Page 2 h „�t 1 of 1 (I 6. Standard CG-12 curb ramps (persons with mobility impairments) should be incorporated into the entrance and Intersection designs. (To be placed at the direction of the VDOT Inspector.) Sheet 9 of "16 (VDOT Details) 7. pro%,ide the following Additional detail sketches: CG-2; CG-6; C(,-7; CU-11, C_U42 And UD-4 (copies attached). Sheet 11 of 1 8. The word tellij)ol•nrY should be added to the description of rock check dams, which Are to be removed when adequate vegetation has grown. (At the direction of the VDOT Inspector.) Sheet 13 of 16 9. At the intersection of Route 669 and Zachary Ann Lane, a CG-11 intersection design Should be installed (Ref: VDOT Road Design Manual, Vol. I). Use 50' radii on the face of curb, 30' minimum pavement on Zachary Ann Lane at the end of the radii, 75' taper from the end of radii south to normal 24' pavement on Zachary Ann Lane. Note the additional right -of way which should be provided to maintain flares. 10. T11e curb & gutter on the north side of Route 669 should be extended west to be symmetrical with the end of radial curb & gutter on the west side of Zachary Ann Lane. 11. Identify the existing culvert on Route 669 west of Station 11+00. Check for adequate capacity to receive any additional storm flow post development from site construction. Detail improvements are necessary to accommodate roadway construction. 12. A 36' traffic lane extension should be provided for the safe flow of vehicles on the thru lanes east and west bound on Route 669 west of Zachary Ann Lane. Beginning at the center line of Zachary Ann Lane, go west 100' with full 36' of pavement. From that point the east and west bound outside edges of pavement are tapered 360' to the outside edges of the existing normal 20' pavement. The east and west bound inside edges of pavement are tapered 360' to the center of the existing normal 20' pavement. The result is a paint striped 12' center (left turn) lane that narrows to 0 at 360' point. Mr. Wilhom I Brennan • P: -t Hvini, "I" Travel Plaza/Whitehall Businesti Park Iune 20, 19117 The Additional right-of-way required to contain the taper should be dedicated to VDOT by the owner/developer. 1 ). T\,pical Widening section should reflect detail changes: • Acid 5' (1/4":1' slope) flat area on the north side of Route 669. • Two 12' thru travel lanes (one east bound, one West bound), one 12' left turn lane, two 12' right turn lanes, totaling 60' of pavement. • LAD-4 underdrains entire length of Curb & gutter. • Existing Route 669 pavement structure removed from roadkway. • Show proposed right-of-way. Sheet 1-1 of 16 (Pave Design) 14. The paving sections should be revised to reflect current nomenclature of individual portions of the pavement structures. Surface: 165#/sal. yd. Asphalt Concrete Type SM-2E Intermediate: 2" Asphalt Concrete, Type IM-1D Base: 6" Asphalt Concrete, Type BM-2 Subbase: 6" Cement Treated Base Subgrade: 12" off -site borrow material (minimum CBR Value of 5) Revised Title to: Pacing Sections - Within VDOT Right -of -Way An alternate pavement structure With higher initial cost, but With a longer life span 1111d less early maintenance cost with the attendant interruption of road service to your facility. The recommended alternate is: Surface: 11' concrete slab Intermediate"-: 3" Stabilized Open -Graded Drainage Layer (SOGDL) Subbase " ': 6" Cement Treated Base 1N611111 require appropriate miderdrains to facilitate drainage tllrougll the layer. Tlicse' slloultl be daylighterl through either enchoalls (EW-12's) or other c11-ablage structures (surll [1s DI's). ' Surface of subbase layer must be primed t 4th 0.4 gal./sq. yd. of liquid asphalt, either RC-250 or CRS-2, prior to placement of SOGDL. 15. Pavement taper at the east end of the site and I-81 bridge should be provided as shoNvn, consideration should be given to existing guardrail on the south side of Route 669 may need to relocated to provide space for pavement taper. Mr. William J. Brennan . MA: Fiving "i" Travel Plaza bVhaehall Business Park Pale 4 Sheet 15 of 16 "16. Proposed typical section for Zachary Ann Lane should be revised to reflect an 8' shoulder with 1":1' slope; a 4' ditch at 4:1 and 3:1 side slopes. This would match the typical section to be used on the Zachary Ann Lane Plans. 17. The developer will be required to enter into an agreement to participate in signalization for traffic control on the south bound off/on ramps at the intersection of Route 669. This agreement will have a five year time period. The warrants will be monitored periodically by VDOT and the final decision that warrants merit the installation of signal control will be made by VDOT. The developer will be advised, and the cost to the developer will be 50% of the total cost. 18. All miscellaneous comments and/or notes should be addressed or added to the plans at the appropriate locations. We are providing a copy of this letter to Mr. Robert P. Pease of Ebert & Associates, designer for the Whitehall Business Park / Zachary Ann Lane. We would suggest you contact Mr. Pease to ensure your design is coordinated with his. When you have addressed all the above comments, please submit five sets of revised plans for final review and approval. If you have any changes/revise design features, please meet or exceed the standards. Should you have any questions or comments, please do not hesitate to call. Sincerely, 6 oa. weitzer Trans. Roadway Engineer For: Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor BJS/ rf Enclosure xc: Mr. R. B. Childress Mr. S. A. Melnikoff Mr. Kris Tierney Mr. -Robert P. Pease, P.E., Ebert & Associates ty.' �� 11 •1 J I t- c)30 - qc� COM, MO yAVE.-' LI'II of VIR�-QI1y1LA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 1,1031 OLD VALLEY PIKE JERRY A. COPP +.0:' 1."1SSIO,NER P O BOX 278 n[So[w ENGitx--i? EDINBURG. VA 22824-0278 TEE t5•10I984 SGO" FAX (5•10) 984 SGO� May 5, 1997 Mr. William J. Brennan, Jr., P.E., Project Mgr. Ref: Flying "J" Travel Plaza/ Harris, Smariga, & Associates, Inc. Whitehall Business Park 41 All Saints Street Route 669 Frederick. MD 21701 Frederick County Dear Bill: As you know, your site plan dated 03/13/97 for the referenced project has been forwarded to our District Office in Staunton for review. Our District Materials Section is currently evaluating the pavement design needs for this project. A question has arisen over the existing Route 669 pavement core samples you provided. The information provided indicates an asphalt thickness of 8" to 9". We were wondering was there any evaluation of the material consistency done, i.e. differences between base and surface asphalt mixes? If so, we would appreciate you forwarding this information to us at your earliest opportunity so we may complete our pavement review. If you have any questions, please let me know. Sincerely, r/� 4. &J� cch4rt B. CI1;Id.-ess Trans. Permits & Subdivision Specialist Supervisor RBC/rf xc: Mr. S. A. Melnikoff Mr. B. J. Sweitzer Mr. D. T. Lee, Attn: Mr. R. W. Crandol Mr. G. W. Tudor Mr. Kris Tierney WE KEEP VIRGINIA MOVING .t` f' I1�CIw '7� '. mac%• - __ COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY A DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP COMMISSIONER P O BOX 2781?ES10Crv:GE�ia'Gu:EER EDINBURG. VA 22824.0278 TECEl9401984.5600 FAX (540) 084.5607 March 27,1997 Mr. Mike Miller Ref: Flying "J" Travel Center C/O Wieser Architects White Fail Business Park P. O. Box 678 Route 669 Bringham City, UT 84302 Frederick County Dear Mr. Miller: As discussed this afternoon, we have made a cursory review of the cost estimate provided by Harris, Smariga & Associates, Inc. for the Route 669 and I-81 ramp improvements in conjunction with the referenced project. Based on the quantities provided, which we did not confirm since the plan has not been approved, we do not agree with their estimate of $207,352.00. Based on our current prices our estimate for the quantities provided and the current site plan is approximately $400,000.00. We would accept a bond on our standard Land Use Permit Bond Form MP-20 in the amount of $400,000.00 to allow you to obtain the building permit from Frederick County to begin construction of on -site facilities. You should understand the posting of this bond will ensure us the right-of-way improvements will be completed while allowing us the necessary time to review the site plan. Additionally, the posting of the bond does not allow you to being construction on the State's right-of-way nor our we guaranteeing the bond amn>>nr wi.11 not need to be increased ence the si}p ^'a., has been approved. As soon as we are in receipt of the bond, we will be happy to advise Frederick County officials of our position so a building permit may be released to you. Sincerely,, Q� 4. eUd"60"'' Robert B. Childress Permits & Subdivision Specialist Supervisor RBC/ rf Enclosure (Form MP-20) xc: Mr. S. A. Melnikoff,lV1`r."Kris Tierney; Mr. H. E. Strawsnyder, Mr. John Trenary, Rainbow Group Properties, -Mr. Bill Brennan WE KEEP VIRGINIA MOVING Re 9 Rev ,90 • Land Use Permit Surety Bond BE IT KNOWN that we as Principal, and Laws of the State of full and just sum of a corporation duly incorporated under the as Surety, are held and firmly bound unto the Commonwealth of Virginia in the U.S. Dollars ($ ), to be paid to the said Commonwealth of Virginia to the payment whereof we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, sealed and dated this day of A. D. 19 WHEREAS, The said Principal hereunder has been or will be granted permit(s) authorizing one or more of the following activities: (a) to operate or move vehicles or property upon the public highways of Virginia exceeding in size, weight or height the maximum specified by law; (b) to cut the surface of the highways of Virginia, or to tunnel under such highways; (c) to install and/or erect and maintain telephone, electric power lines, water, sewer, gas or other utilities on, under or over such highways, bridges or tunnels; (d) to install an entrance or tie-in into a public roadway and/or grading upon the Right -of -Way; or (e) for the following purposes: (Explain below exact purpose(s) for which surety cover?ge is being obtain red.) TH ER EFOR E, The conditions of this obligation are such that if the said Principal shall in all respects comply with the terms and conditions of said permit(s), and fully meet and perform obligations thereunder in accordance with requirements for permits as set forth in the Land Use Permit manual and Hauling Permit manual in effect at time of issuing permit, and shall satisfactorily complete the work permitted, and shall idemnify and save harmless the Commonwealth of Virginia against and from all loss, cost, expense damage or injury to highways and bridges and to persons and property lawfully on such highways, growing out of the granting of such permit(s) to said Principal, then this obligation be void, otherwise to be and remain in full force and virtue. NOW, THEREFORE, It is expressly understood that this Bond may be cancelled by the Surety at the expiration of sixty (60) days from the date which the Surety shall have lodged with the Commonwealth Transportation Commissioner or his designees written notice to so cancel. This provision, however, shall not operate to relieve, release or discharge the Surety from any liability already accrued, or which shall accrue, on permits issued before the expiration of the sixty-day period. Bonds securing performance on specified active permit(s) may be cancelled only upon satisfactory completion of permit(s), as determined by the Department Engineer. NOTE: Continuous Bonds cannot be cancelled unless facilities covered by the permit have been removed from the Right -of -Way, or the principal has arranged for replacement surety protection. ALL permit work covered under section (c) above shall be covered by Continuous Bond. Said principal and surety, being properly authorized, have caused these presents to be executed and their seals affixed the day and year first above written. By Surety -Bond Number Attorneydn-Fact* (Seal) By Prinapai Typed or Printed Name Address (Seal) For Office Use Only Permit No. Bond Account No. "POWER OF ATTORNEY AUTHORIZATION TO BE ATTACHED Bond Company No. 0 • Acknowledgement of Principal STATE OF COUNTY/TOWN/CITY OF I, the undersigned, a Notary Public in and for the County/Town/City aforesaid, in the State aforesaid, do certify that, whose name as Principal is signed to the foregoing writing bearing date on the day of 19 personally appeared before me and acknowledged the same. Given under my hand this day of My Commission expires: Notary Public STATE OF COUNTY/TOWN/CITY 19 Affidavit and Acknowledgement of Surety I, the undersigned, a Notary Public in and for the County/Town/City aforesaid, in the State aforesaid, do certify that (Surety Signee) personally appeared before me and made oath that he is (Title) of the (Name of Surety), that he is duly authorized to execute the foregoing bond by virtue of a certain power of attorney of said company; that said power of attorney has not been revoked; that the said company has complied with all the requirements of law regulating the admission of such companies to transact business in the State of Virginia; that the said company holds the certificate of the Commissioner of Insurance authorizing it to do business in the State of Virginia; that it has a paid -up cash capital of not less than $250,000; that the paid -up capital, plus the surplus and undivided profits of said company is $ ; that the penalty of the foregoing bond is not in excess of ten percentum of said sum; that the said company is not by said bond incurring in the aggregate, on behalf or on account of the principal names in said bond, a liability for an amount larger than one -tenth of its paid -up capital, plus its surplus and undivided profits; that the said company is solvent and fully able to meet promptly all its obligations. and the said (Surety Signee) thereupon, in the name and on behalf of the said company, acknowledged the foregoing writing as its act and deed. Given under my hand this day of '19 My Commission expires: Notary Public Original to be filed with the Virginia Department of Transportation. Request for Land Use Permit Surety Bond cancellation may be addressed to: Virginia Department of Transportation CO IU N101v1 �V . ^l LTI-i of DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 1.1031 OLD VALLEY PIKE CC :::'1SS1ONLH P O BOX 278 EDINBURG_ VA 2282.1.0278 March 18, 1997 Ms. Denise Baker C/O Perry Engineering Company, Inc. 1945 Millwood Pike Winchester, VA 22602 Dear Denise: JERRY A. COPP 01 ',d.L'.1E .G1:1EL14 71LL 4.J,'s64'r,CO r,.. :1 :;a,ew Ref: Flying "J" Travel Plaza Route 669 Frederick County We have received two letter recently dated 01/30/97 and 02/28/97 from Mr. Joe Wilder of the Frederick County Public Works Department concerning erosion and sedimentation control inspections at the referenced project. Of particular note Mr. Wilder witnessed on both occasions haul trucks were tracking mud onto the Route 669 roadway surface. While Mr. Wilder indicates your company had a broom truck on -site cleaning the roadways during the inspection, I felt it necessary to write and remind you of the critical need to keep this mud cleaned up off the roadway surface. If you recall, this is a requirement of your temporary entrance permit issued on December 12, 1996, cop), of which I am enclosing for your reference. Failure to keep the mud cleaned up could result in hazards to the traveling public. Your cooperation is appreciated. Sincerely, 6?4� Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/ rf Enclosures (Fred. Co. letters dated 01/30/97 & 02/28/97 and VDOT letter dated 12/12/96) xc: Mr. S. A. Melnikoff Mr. Joe Wilder Mr. Kris Tierney WE KEEP VIRGINIA MOVING • • COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 1.1031 OLD VALLEY PIKE GGYPAiSSIONEn P O BOX 278 EDINBURG, VA 22824.0278 December 12, 1996 JERRY A. COPP R[. IDE!+f F1,Gi':FEn TELE;Sa0,)9a-,;G0 FAX f ,401 0B4 SeG7 Ms, Denise Baker Rcf: Flving "Y Travel Plaza C/O Perry Engineering Co., Inc. Routc 669 1945 Millwood Pike Frederick County Winchester, VA 22602 Dear Ms. Baker: In accordance with your request dated December 4, 1996 you arc given permission to install a temporary construction entrance at the referenced location. This letter is to be considered your permit to do so. The following provisions will be required: • Work area protection signage in accordance with the attached while working on the right-of-way will be required. • All work on the right-of-way is to be confined to the temporary entrance location only. • A i-ninImum 6" depth of VDOT f# 1 (2-3 inch stone) course aggregate by 30' in width will be required. It is to be placed from the edge of pavement and extended back onto private property far enough to prevent the carrying of mud onto the roadway. • Positive drainage is to be maintained within the right-of-way at all times. • Any disturbed areas of the right-of-way or damages to the pavement structure adjacent to this entrance will be repaired by you to our satisfaction. • This permit is being issued for 180 days. • All work is to be completed in accordance with the enclosed Virginia E'rosiun & Seclinient Control Handbook, Specification 3.02. • Due to the lack of an approved site plan, any work on VDOT right-of-way or proposed VDOT right- of-way will be performed at the owner's risk. The Department of Transportation will not be held liable for suit should such result from this operation nor is it granting permission to grade on the property of others or disturb underground utility lines. If the above listed items arc not followed this permit may be revoked. Should you have any questions, please let me know. Sincerely, V i Steven A. Melnikoff, Permits/Subd. c. Sr. SAM/rf Attachments tic: Mr. R. B. Childress, Mr. R. D. Hawkins, Mr. H. E. Strawsnyder, Mr. Kris Tierney WE KEEP VIRGINIA MOVING • COUNTY of FREDERICK Department of Public Works S40/ 665-56S I FAY: 540/678-0682 February 28, 1997 Mr. Mike Perry Perry Engineering Company, Inc. 1945 Millwood Pike Winchester, Virginia 22602 Re: Notice To Comply - Erosion and Sediment Control Land Disturbance Permit #96-07 - Flying "J" Truckstop Site Whitehall Business Park Dear Mike: On Thursday, February 27, 1997,,I performed an erosion and sediment control inspection for the subject site. At the time of the inspection, you were placing till in the parking area. The following items where noted: 1. The construction entrance was installed with the required wash rack. However, due to the trucks hauling in fill material, mud was being tracked out on the State Route 669. It is a requirement that fresh stone be placed on the entrance frequently (daily if needed) to ensure mud is not tracked off -site. I will note that the broom truck was cleaning the roads when I arrived on - site. 2. The stormwater detention pond was about 70% complete. The outlet structure needs to be completed and the rest of the pond berm needs to be completed. We recommend that when the pond is complete, the slopes need to be seeded and mulched in accordance with the approved plan. 3. I informed your superintendent that a diversion berm and large check dam needs to be installed immediately to control the erosion run-off from the 4 - 36" RCP culverts. We located the berm on the plan and he informed me that lie would construct the berm on 02/27/97. We recommend that site stabilization occur as soon as possible. Once areas are on grade, permanent vegetation needs to be established as soon as possible. I will re -inspect the site on Tuesday, March 4, 1997. 107 North Kent Street • Winchester, Virginia 22601-5000 • Flying "J" Letter February 28, 1997 Page 2 If you have any questions, please do not hesitate to contact me. Sin erely, oe C. Wilder Engineering Technician Public Works Attachment: Field inspection report cc: file Steve Melnikoff, VDOT Donnie Bowers, Perry Engineering • • C) APPLICATION FOR LAND DISTURBANCE PERMINT PAGE 8 FREDERICK INSPECTION FORM FOR EROSION AND SEDIMENTATION CONTROL MEASURES Date of Inspection and Time: �! i �% % �(� C! ,z_' Project & File # : F 11 C • Q / 4 " Q -% Contractor: CONTROL MEASURES REQUIRED PROVIDE Construction Entrance Ui/N C/N Straw Bales Y/N Y/N Silt Fence Y/N Y/N Rip -Rap Y/N Y/N Storm Drain Inlet Prot., Y/N Y/N Temp. Diversion Dike Y/N Y/N Temp. Sediment Trap Y/N Y/N Sediment/Stormwater Pond iy7N Y/111 Conveyance Channels Y/N Y/N Outlet Protection Y/N Y/N Check Dams (C./N Y/r Stream Crossing Y/N Y/N CONDITION OF CONTROL MEASURES: Site Status: r ' Date of reinspection: ' ''-rl- 3L y 1q -7 n INSPECTORS SIGNATURE: 0 RECEIVED • COUNTY of FREDERIC K FE� 3 1997 Department of Public Works BY: January 30, 1997 Mr. Mike Perry Perry Engineering Company, Inc. 1945 Millwood Pike Winchester, Virginia 22602 Re: Notice To Comply - Erosion and Sediment Control Flying "J" Truckstop Site Whitehall Business Park Dear Mike: :40/665-5651 FAX: 540/ 678-0682 On Wednesday, January 29, 1997; I performed an erosion and sediment control inspection for the subject site. The construction entrance was installed with the required wash rack. However, due to the trucks hauling in fill material, mud was being tracked out on the State Route 669 It is a requirement that fresh stone be placed on the entrance frequently (daily if needed) to ensure mud is not tracked off -site. I will note that the broom truck was cleaning the roads when I arrived on -site. The stormwater detention pond has not been constructed yet. I will note that the diversion berm is in place with the required check dam. Also, you have over -excavated an area at the pond location to trap any erosion from draining off -site into the stream. However, the berms are only able to handle a small amount of run-off. We were aware that only constructing the berms was a temporary measure so that the building pad area could be constructed. The buildings pad has been completed at this time. The stormwater pond was designed to handle the run-off from a larger storm event. We are requesting that the pond be constructed within two (2) weeks from receipt of this letter. Also, I discussed with your superintendent about placing silt fence or a berm along the southern portion of the site where there is soil stockpiled. He informed me that they were going to spread out this material. This area needs to stabilized with vegetation when this work is performed. I will re -inspect the site on Wednesday, February 5, 1997. 107 North rent Street - Winchester, Virginia 22601-5000 • • Flying "J" Letter January 30, 1997 Page 2 If you have any questions, please do not hesitate to contact me. Sincerely, oe C. Wilder Engineering Technician Public Works Attachment: Field inspection report cc: file Steve Melnikoff, VDOT Donnie Bowers, Perry Engineering • • FREDERICK COUNTY INSPECTION FORM FOR EROSION AND SEDIMENTATION CONTROL MEASURES Date of Inspection and Time: Project & File #. Contractor: J i CONTROL MEASURES REQUIRED PROVIDE Construction Entrance (�C/N 6-IN Straw Bales YIN YIN Silt Fence YIN YIN Rip -Rap YIN YIN Storm Drain Inlet Prot., YIN YIN Temp. Diversion Dike YIN YIN �-- Temp. Sediment Trap YIN YIN Sediment/Stormwater Pond ,YIN EVR Conveyance Channels YIN YIN Outlet Protection YIN YIN Check Dams YIN Y,/N Stream Crossing YIN YIN CONDITION OF CONTROL MEASURES: Site Status: t�_1 Date of reinspection: INSPECTORS SIGNATURE • 'ram VDOT PROJECT REVIEW SUMMARY OF WHITE HALL BUSINESS PARK/ FLYING "J" TRAVEL CENTER PROJECT 05/13/95 Attended meeting at Winchester Regional Airport w/ Flying "J" & Co. Representatives to discuss project. Advised of VDOT's 60-90 day review requirements. 08/30/95 Received Rezoning Application Package from Flying 09/06/95 Returned favorable rezoning comments to Flying "J". 09/12/95 Attended Frederick County Technical Review Meeting w/ Flying "J", Harris, Smariga & Associates and other review agency representatives. Again advised of VDOT's 60-90 day review requirements. 10/06/95 Received preliminary traffic generation data from Harris, Smariga & Associates. 11/17/95 Received preliminary master development plan from Harris, Smariga & Associates. 01/31/96 Returned preliminary master development plan comments to IIarris, Smariga & Associates. 02/21/96 Attended Frederick County Planning Commission Meeting concerning master development plan. 04/11/96 Met with Bill Brennan of Harris, Smariga & Associates and Evan Wyatt of Frederick County Planning Staff to discuss finalization of master development plan. 05/02/96 Received truck trip information from Harris, Smariga & Associates. 05/15/96 Returned recommended pavement design for I-81 ramps to IIarris, Smariga & Associates. 06/03/96 Received courtesy copies of approved master development plan from Harris, Smariga & Associates. 06/11/96 Received incomplete site plan package from Harris, Smariga & Associates. 06/11/96 Returned incomplete site plan package to Harris, Smariga & Associates with instructions for resubmission. 09/05/96 Received incomplete site plan package from Harris, Smariga & Associates. 10/01/96 Again returned incomplete site plan package from Harris, Smariga & Associates with instructions for resubmission. 12/12/96 Issued Perry Engineering Company, Inc. a temporary construction entrance permit to access the site. 01/02/97 Met with Bill Brennan of IIarris, Smariga & Associates to review site plan requirements. 02/28/97 Letter sent to Harris, Smariga & Associates concerning site construction without approved plans. 03/06/97 Again received incomplete plans from Harris, Smariga & Associates. • • COIvINIOt iIA ."�LT-I of VIRCJI1 I.". DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 1.1031 OLD VALLEY PIKE CG'."AISSIONEP P O BOX 2713 EDINBURG. VA 22824.0278 February 28, 1997 Mr. William Brennan C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Mr. Brennan: JERRY A. COPP I( LL ).1�1 �R•1 �. i0 t Ax . ',ao) 9Ra Ref: White Hall Business Park Flying "J" Travel Plaza Routes I-81 & 669 Frederick County During a routine site visit yesterday, February 27, 1997, on the referenced project, Nye discovered construction is proceeding within the limits of Zachary Ann Lane. In particular the site contractor, Perry Engineering Company, Inc., was installing what appeared to be a quadruple line of 36" R.C.P. culverts at approximately Station 6+50. I would like to remind you of the fact Nye have never received adequate site plans for this project for review and/or approval. We therefore are not providing any inspection services on this right-of-way. I am providing copies of previous correspondence from this office for your information relative to our site plan review needs. We are extrernely concerned with this culvert construction due to the type of structures, the time of year and apparent undercutting necessary. Additionally we have not had the opportunity to determine the adequacy of the culvert sizes being installed nor the impacts due to head water on the upstream property owner. Off -site drainage easements may very well be necessary. To this end, we will not provide inspection services on this right-of-way until such time your yet to be submitted site plans are approved. Therefore, the work that has been performed thus far or any further activities is done so at the owner's risk. If the owners and the County of Frederick desires this Department to accept this roadway into our Secondary Maintenance System, then all construction activities/methods of construction and materials used from the start of construction to when we begin inspection will need to be certified by a licensed professional engineer. This certification will need to include copies of all inspections/test reports and materials invoices. I trust the above is self explanatory. However, if you have any questions, please feel free to give me a call. Sincerely, Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/rf Enclosures xc: Mr. S. A. Melnikoff, Mr. Kris Tierney, Mr. H. E. Strawsnyder, Rainbow Group Property, Wieser Architects. Flying "J", Inc., Mr. Mike Perry WE KEEP VIRGINIA MOVING • COMMONWEALTH of VIRCIINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE CCY.MISSIONER P.O. BOX 278 EDINBURG, VA 22824.0278 October 1, 1996 Mr. William Brennan C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Mr. Brennan: 0 n ' j WILLIAM H. BUSHMAN, P.E. RESIDENT ENGINEER TELE(540)984.5600 FAX (540) 984.5607 Ref: White Hall Business Park Flying "J" Travel Plaza Routes I-81 & 669 Frederick County I am again returning your site plan for the referenced project. The plan needs to be revised in accordance with our previous correspondence and standard subdivision checklist. For your reference I have highlighted the enclosed checklist with missing or inaccurate information. Additionally, prior to re -submission the plan will need to be stamped by a licensed, professional engineer. I trust the above information is clear. However, if you have any questions, please do not hestiate to give me a call. Sincerely, Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/ rf Enclosures xc: Mr. S. A. Melnikoff Mr. Kris Tierney Rainbow Group Property Wieser Architects \VE KE7EP V1RGIiNIA 1.'OVING 0 0 COMMONWEALTH of VIRCIINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE CCVYISSIONER P.O. BOX 278 EDINBURG, VA 22824.0278 June 1 1, 1996 Mr. William Brennan C/O Harris, Smariga 8t Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill: WILLIAM H. BUSHMAN, P.E. RESIDENT ENGINEER TELE(540)984.5600 FAX (540) 984-5607 Ref: White Hall Business Park Flying")" Travel Plaza Routes 1-8 1/669 Frederick County am returning your recently submitted site plan for the referenced developrri..'!r.t. Unfortunately your submittal lacks some basic information which prevents us from starting a technical review of the plan. A couple of missing items of most significance is a typical cross section with pavement design for Zachary Ann Lane. Also no hydraulic calculations have been provided to support your drainage design. Along with the plans I have enclosed a copy of our standard subdivision checklist for your use. Your plan will need to Include all applicable information contained on the checklist prior to re -submission. Additionally all of our earlier master development plan comments will need to be addressed. I have also enclosed a copy of our earlier review letter of January 31, 1996 for your reference. Should you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Permits/Subd. Sp ec. Supervisor R B C/rf Enclosures xc: Mr. S. A. Melnikoff, Mr. Kris Tierney, Rainbow Group Property, Weiser Architects WE KEEP VIRGINIA t.'OVING • • FAX TRANSMISSION COUNTY OF FREDERICK 107 N. KENT STREET WINCHESTER, VA 22601 (540) 665-565 1 Fix: (540) 678-0682 TO: Mike Miller FAX #: (801) 734-6580 FROM: Kris C. Tierney, Planning Director SUBJECT: Copy of lettersfrom VDOT's Edinburg Office dated Feb. 28, 1997, Oct. 1, 1996 and June 11, 1996. DATE: March 7, 1997 PAGES (including this cover sheet): 4 COMME COtVI��7iOt I-� of V1RCI1\ DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 1,1031 OLD VALLEY PIKE JERRY A. COPP C0:uA1S5.0N[F1 P O BOX 278 1 L;11 E ^,r LNGINEER EDINBURG. VA22824-0278 1ELL 5•10,M4'SOO I AX r5:01 i84.5607 February 28, 1997 Mr. William Brennan Ref: White Hall Business Park C/O Harris, Smariga & Associates, Inc. Flying "Y Travel Plaza 41 East All Saints Street Routes I-81 & 669 Frederick, MD 21701 Frederick County Dear Mr. Brennan: During a routine site visit yesterday, February 27, 1997, on the referenced project, we discovered construction is proceeding within the limits of Zachary Ann Lane. In particular the site contractor, Perry Engineering Company, Inc., was installing what appeared to be a quadruple line of 36" R.C.P. culverts at approximately Station 6+50. I would like to remind you of the fact we have never received adequate site plans for this project for review and/or approval. We therefore are not providing any inspection services on this right-of-way. I am providing copies of previous correspondence from this office for your information relative to our site plan review needs. We are extremely concerned with this culvert construction due to the type of structures, the time of year and apparent undercutting necessary. Additionally we have not had the opportunity to determine the adequacy of the culvert sizes being installed nor the impacts due to head water on the upstream property owner. Off -site drainage easements may very well be necessary. To this end, we will not provide inspection services on this right-of-way until such time your yet to be submitted site plans are approved. Therefore, the work that has been performed thus far or any further activities is done so ---It the owner's risk. If the owners and the County of Frederick desires this Department to accept this roadway into our Secondary Maintenance System, then all construction activities/methods of construction and materials used from the start of construction to when we begin inspection will need to be certified by a licensed professional engineer. This certification will need to include copies of all inspections/test reports and materials invoices. I trust the above is self explanatory. However, if you have any questions, please feel free to give me a call. Sincerely, Robert B. Childress Trans. Permits & Subdivision R Specialist Supervisor RBC/rf Enclosures xc: Mr. S. A. Melnikoff, Mr. Kris Tierney, Mr. H. E. Strawsnyder, Rainbow Group Property, Wieser Architects, Flying "J", Inc., Mr. Mike Perry WE KEEP VIRGINIA MOVING �41� I r n COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE WILLIAM H. BUSHMAN, P.E. CC : M SSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG, VA 22824-0278 TELE (540) 984.5600 FAX (540) 984.5607 October 1, 1996 Mr. William Brennan Ref: White Hall Business Park C/O Harris, Smariga & Associates, Inc. Flying "J" Travel Plaza 41 East All Saints Street Routes I-81 & 669 Frederick, MD 21701 Frederick County Dear Mr. Brennan: I am again returning your site plan for the referenced project. The plan needs to be revised in accordance with our previous correspondence and standard subdivision checklist. For your reference I have highlighted the enclosed checklist with missing or inaccurate information. Additionally, prior to re -submission the plan will need to be stamped by a licensed, professional engineer. I trust the above information is clear. However, if you have any questions, please do not hestiate to give me a call. Sincerely, Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/rf Enclosures xc: Mr. S. A. Melnikoff Mr. Kris Tierney Rainbow Group Property Wieser Architects WE KEEP VIRGINIA MOVING �u r- r-T- COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE WILLIAM H. BUSHMAN, P.E. COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG, VA 22824-0278 TELE (540) 984.5600 FAX (540) 984.5607 June 11, 1996 Mr. William Brennan C/O Harris, Smariga 8t Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill: Ref: White Hall Business Park Flying "J" Travel Plaza Routes 1-8 1/669 Frederick County I am returning your recently submitted site plan for the referenced developriiti!] t, Unfortunately your submittal lacks some basic information which prevents us from starting a technical review of the plan. A couple of missing items of most significance is a typical cross section with pavement design for Zachary Ann Lane. Also no hydraulic calculations have been provided to support your drainage design. Along with the plans I have enclosed a copy of our standard subdivision checklist for your use. Your plan will need to include all applicable information contained on the checklist prior to re -submission. Additionally all of our earlier master development plan comments will need to be addressed. I have also enclosed a copy of our earlier review letter of January 31, 1996 for your reference. Should you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress �4 Spec. p p Permits/Subd. S Supervisor V L/ RB C/rf v)-o Enclosures xc: Mr. S. A. Melnikoff, Mr. Kris Tierney, Rainbow Group Property, Weiser Architects WE KEEP VIRGINIA MOVING �JF I �c I ~' • I r,; �`ti. m✓a COMMONWEALTH of V1RQ1N1A DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP P O. BOX 278 CO`frIISSIONER RESIDENT ENGINEER EDINBURG. VA 22824-0278 TELE (540) 984.5600 FAX (540) 984.5607 December 12, 1996 Ms. Denise Baker Ref: Flying "1" Travel Plaza C/O Perry Engineering Co., Inc. Route 669 1945 Millwood Pike Frederick County Winchester, VA 22602 Dear Ms. Baker: In accordance with your request dated December 4, 1996 you are given permission to install a temporary construction entrance at the referenced location. This letter is to be considered your permit to do so. The following provisions will be required: • Work area protection signage in accordance with the attached while working on the right-of-way will be required. • All work on the right-of-way is to be confined to the temporary entrance location only. • A minimum 6" depth of VDOT 41 (2-3 inch stone) course aggregate by 30' in width will be required. It is to be placed from the edge of pavement and extended back onto private property far enough to prevent the carrying of mud onto the roadway. • Positive drainage is to be maintained within the right-of-way at all times. • Any disturbed areas of the right-of-way or damages to the pavement structure adjacent to this entrance will be repaired by you to our satisfaction. • This permit is being issued for 180 days. • All work is to be completed in accordance with the enclosed Virginia Erosion & Sediment Control Handbook, Specification 3.02. • Due to dhe lack of an arpre :red site plan, anv work on VDOT right-of-way or proposed VDOT right- of-way will be performed at the owner's risk. The Department of Transportation will not be held liable for suit should such result from this operation nor is it granting permission to grade on the property of others or disturb underground utility lines. If the above listed items are not followed this permit may be revoked. Should you have any questions, please let me know. Sincerely, P Steven A. Mehlikoff, Permits/Subd. c. Sr. SAM/rf Attachments xc: Mr. R. B. Childress, Mr. R. D Dawkins, Mr. H. E. Strawsnyder, Mr. Kris Tierney WE KEEP VIRGINIA MOVING • y�R�+a,� � • @ ' o COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 October 1, 1996 Mr. William Brennan C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Mr. Brennan: WILLIAM H. BUSHMAN, P.E. RESIDENT ENGINEER TELE(540)984.5600 FAX (540)984.5607 Ref: White Hall Business Park Flying "J" Travel Plaza Routes I-81 & 669 Frederick County I am again returning your site plan for the referenced project. The plan needs to be revised in accordance with our previous correspondence and standard subdivision checklist. For your reference I have highlighted the enclosed checklist with missing or inaccurate information. Additionally, prior to re -submission the plan will need to be stamped by a licensed, professional engineer. I trust the above information is clear. However, if you have any questions, please do not hestiate to give me a call. Sincerely, Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/rf Enclosures xc: Mr. S. A. Melnikoff Mr. Kris Tierney Rainbow Group Property Wieser Architects WE KEEP VIRGINIA MOVING COMMONWEALTH ♦ li..,ALT H of VIRC-jrQNIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 June 11, 1996 Mr. William Brennan C/O Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Bill: WILLIAM H. BUSHMAN, P.E. RESIDENT ENGINEER TELE(540)984.5600 FAX (540)984.5607 Ref: White Hall Business Park Flying " J" Travel Plaza Routes 1-81 /669 Frederick County I am returning your recently submitted site plan for the referenced development. Unfortunately your submittal lacks some basic information which prevents us from starting a technical review of the plan. A couple of missing items of most significance is a typical cross section with pavement design for Zachary Ann Lane. Also no hydraulic calculations have been provided to support your drainage design. Along with the plans I have enclosed a copy of our standard subdivision checklist for your use. Your plan will need to include all applicable information contained on the checklist prior to re -submission. Additionally all of our earlier master development plan comments will need to be addressed. I have also enclosed a copy of our earlier review letter of January 31, 1996 for your reference. Should you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer' CP By: Robert B. Childress Permits/Subd. Spec. Supervisor RBC/rf Enclosures xc: Mr. S. A. Melnikoff, Mr. Kris Tierney, Rainbow Group Property, Weiser Architects WE KEEP VIRGINIA MOVING C SITE PLAN APPLICATION 1. Project Title. Flying J 2. Location of Property Southwest corner of the intersection of US I-Ol (street address) and VA Rt. 669. 3. Property Owner: CFJ Properties Partnership Address: 50 West 990 South Brigham City, UT 84302 Telephone: 601-734-6507 3 -?3It-6Iwo 4. Applicant/Agent Weiser Architects Address 50 West 990 South Brigham City, UT 84302 Telephone 801-734-6507 4f `, ' 5. Designer: Harris, Smariga & Associates Address: 41 East All Saints Street `6' Frederick, MD 21701 9 S Telephone 301-662-4488 Contact Bill Brennan R ` • • 6. Is this an original or revised site plan? Original Revised 7a. Total acreage of parcel to be developed: L t5 /4, Z . 0" /P 44r- 7b. Total acreage of parcel. /rie. /in/r/ EIW3,111PS-s'-IF iyZi�l r z ,$`5 / f Z. S Cr /5: A<., 8. Property Information: a) Property Identification Number 7242 3 3 ' b) Current Zoning: c) Present Use: YLt!�- I = i�t re, d) Proposed Use: e) Adjoining Property Use(s) �r�1M4 y f) Adjoining Property Identification Number(s) P i%1 g) Magisterial District(s) j 171-lb I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: Date: 7 o Fi�E T ` 68/9�� .,. • • Request For Site Plan Comments Department of Planning and Development Mail to: Hand deliver to: Department of Planning and Development 107 N. Kent Street Atten: County Planner Fourth Floor P.O. Box 601 Winchester, VA Winchester, VA 22604 (540) 665-5651 (540) 665 - 5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two copies of your site plan with this sheet. Applicant's name: Address: Phone number: Weiser- Architects 50 West 990 South Brigham City, UT 84302 801-734-6507 Name of development and/or description of the request: Flying J Location of development: Southwest corner of the intersection of US I-81 and VA Rt. 669. Planning and Development's Comments: Planning and Development use only Date received Date revision received Date approved Incomplete Incomplete :Date reviewed Date reviewed Signature and Date Signature and Date (revision) • 0 July 23, 1996 Mr. Lafe Feller Weiser Architects 50 West 990 South Brigham City, Utah 84302 RE: Site Plan - Flying J Frederick County, Virginia Dear Mr. Feller: COUNTY of FREDERICK Department of Public Works 540/665-5651 FAX: 540/678-0682 We have completed our review of the subject site plan dated May 1996. This site plan adequately addresses our concerns about stormwater run-off management and erosion and sediment control measures. However, the referenced datum point and contours shown on the plan are confusing. We suggest that a reference be made to the height above sea level or that an adequate benchmark be provided. Consequently, we recommend approval of the site plan. Also, please remind the earthwork contractor to contact this office prior to initiating any site work to schedule an erosion and sediment control inspection. It will not be necessary to resubmit the revised drawings for our review. However, we would appreciate a copy of drawings which reflect the revised contours and datum point for our records. Sincerely, Joe C. Wilder Engineering Technician Department of Public Works JCW:rls cc: Planning and Zoning 107 North Kent Street • Winchester, Virginia 22601-5000 • • Lord Fairfax Environmental Health District 800 Smithfield Avenue P. O. Box 2056 Winchester, Virginia 22604 7 (540) 722-3480 FAX (540) 722-3479 Counties of: Clarke, Frederick, Page. Shenandoah, )t'arre•n, and City of {f'inchester July 2, 1996 J. Phillip Adams, President CFJ Properties 50 West 990 South Brigham City, Utah 84302 Re: Flying J Travel Plaza, Frederick County, Virginia Dear Mr. Adams: This office has reviewed the blue line drawings for a 150 seat 'sit down' restaurant and a 32 seat 'fast food' restaurant which you submitted with your restaurant application. This letter is to inform you of health department approval of the submitted blue line drawings. However, construction permits for a sewage disposal system and water supply must still be obtained before this office can approve your project to the Frederick County, Virginia, Public Works Department. Please find, on the enclosed attachment, the names, addresses and phone numbers of the respective agencies responsible for sewage disposal and water supply permits. If this office can be of further assistance to you in this matter, please contact the Frederick -Winchester Health Department at (540) 722-3480. Sincerely, i Stephen M. Lee Environmental Health Specialist Senior SML/rc hh Enclosure PC. Evan Wyatt, Frederick County Planner II I r' Tom Eberly, Office of Water Programs X �oj96 O B. Keith Fowler, Office of Environmental Quality/ (n N tv h `�O, `_O��oO �L Thomas W. Owens Director June 26, 1996 Mr. Lafe Feller Weiser Architects 50 West 990 South Brigham City, Utah 84302 Dear Mr. Feller, COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 107 North Kent Street Winchester, VA 22601 Douglas A. Kiracofe Fire Marshal I've completed my review of the site plan submitted for the Flying J Travel Plaza to be located in northern Frederick County. I am recommending approval of the site plan as submitted, so that construction is not delayed. There are also a few items that I would like to see incorporated, as construction progresses, which are not site plan issues. On the west side of the site, a truck lane is being installed for parking of vehicles that discover a leak or release of hazardous materials, upon arrival at your facility. This will be of significant benefit to our Fire And Rescue Personnel, in the event of a incident. I have a question on the valve arrangement at the oil -water separator, and the drainage arrangement from the parking lane. Does the parking lane drain directly into the trench drain, and then to the Fuel Holding Pond, or does this too pass through the separator? Also, what provisions are made to accomodate rain water from the parking area, yet isolating this area in the event of a spill? One suggestion we discussed here was a valve, in the open position at all times, at the trench drain inlet, which would automatically close, via pressure switch when a truck entered the lane. Our thinking is to keep any potential spilled product, out of the 8" line, and Fuel Holding Pond, if possible. At the outlet structure, from the Fuel Holding Pond, there is a hand valve on the lower discharge line. We would like to have a valve on the upper discharge line as well. This would allow us to create either a "overflow" or an "underflow" separation, depending on the specific gravity of a given product that may be released. It is my understanding that the facility is to be fully sprinklered. The Siamese connection is not shown on the site plan. We would like it located on the south side of the building, near the area the fire line enters the building. The siamese connection must be located within 100' of a hydrant. The gas main is also shown entering the building in this area, and I am assuming the gas meter will be located in this area. Director (540) 665-5618 0 Fire Marshal (540) 665-6350 Fax (540) 678-4739 • Flying J Travel Plaza Page 2 Locating the siamese connection, in close proximity with the utilitiy control devices, eliminates much confusion for our firefighters in the event of a fire, and reduces the number of personnel needed to charge the sprinkler system, and secure utilities. As indicated on my Land Development Comments Sheet, Fire Lanes must be designated at all hydrant and Siamese locations, with signage. The area adjacent to the Oil -Water separator, and emergency parking lane should also be stripped and posted as a Fire Lane. There should be signage of some type directing drivers to the designated parking space in the event they have a spill, but this can be worked out with the owners, as construction progresses. Prior to the final inspections, I would like the oppertunity to conduct a tour of the facility, with our firefighters, to become familiar with the built in fire protection issues, and to establish pre -plan procedures for hazmat incidents. This too can be worked out with Flying J management and staff. Should you have any further questions on this site plan review, please do not hesitate to contact me. Thank you. incerely, Douglas A. Kiracofe/ Fire Marshal cc: Rainbow Group Evan Wyatt, Planner David Whitacre, Chief Engine Co. 13 file COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.0625960232 Date Received 052396 Date Reviewed 062596 Applicant Weiser Architects Address 50 West 990 South Brigham City, Utah 84302 Project Name Flying "J" Phone No.801-734-6507 Type of ApplicationSite Plan Current Zoning B-3 lst Due Fire Co. 13 Ist Due Rescue Co. 13 Election DistrictStonewall Tax I.D. No. RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SysteniKX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Posted Fire Lanes required at all hydrant locations, siamese locations and at designated hazmat parking area. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate XX Inadequate Not Identified Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes XX No Plan Approval Recommended? Yes XX No Signatu Title ���E����✓G/� Request For Site Plan Commer'Tfs Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Dept. 107 N. Kent Street Atten: Building Official Fourth Floor P.O. Box 601 Winchester, VA Winchester, VA 22604 (540) 665-5650 (540) 665 - 5650 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one copy of your site plan with this sheet. Applicant's name: Weiser Architects EIVED Address: 50 West 990 South —Brigham City, UT 84302 2 Phone number. 801-734-6507 t L curnFRICK CO. Name of development and/or description of the request Flying J Location of development Southwest corner of the intersection of US I-81 and VA Rt. 669. Inspections Department's Comments: t Building Code S Sec 3/3, Use Group (Mixed Use Groups a Hatui ing y aPm�atnnParr ifWdisC.oie, . Other codestlai4pjy P arinnon theBasiso UTru94GL „inimum grade slope across ADA parking space and unloading shall be 2%. A/E seal registered in VA required on plans for bldg. Canopy, signs and storage tank shall fall under Use Group U (Utility) of BOCA. tns ect%ns De tN ral use o P p i>, -w \ Y" ' 'RE MIS Dot 3YlC81Y . � �...�:,�►...�'Y�:. _, «. �� ....�'�'.�i�8��pfQi►� Pn \ •\,\ .rM�a'7-- \ ,c �� ti.�ER����G ".`^x .. +�^�q.��A �k•oa(a,�^ .a ^[+ n > +�, ."' 'r" � and Sigr�aiure Oafe iscac�} 6 0 Request For Site Plan Comments Frederick County Inspections Department Mail to: Frederick County Inspections Dept. Atten: Building Official P.O. Box 601 Winchester, VA 22604 (540) 665 - 5650 Hand deliver to: 107 N. Kent Street Fourth Floor Winchester, VA (540) 665-5650 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one copy of your site plan with this sheet. Applicant's name: Address Phone number: Weiser Architects 50 West 990 South Brigham City, UT 84302 801-734-6507 Name of development and/or description of the request: Flying J EIVEr) i 2 7 Location of development: Southwest corner of the intersection of US I-81 and VA Rt. 669. Inspections Department's Comments: Building Code & Sec 3/3, Use Group (Mixed Use Groups e ,at Buiiding Code, 1993. Other codes t a ��5� ! of _Federal Regnlatinn_ Part llyzi cr �jnatinn on the Basis o )�1� uTIT�PdBiffisd c an in omm rcia aci i ies. rldximum grade slope across ADA parking space and unloading shall be 2%. A/E seal registered in VA required on plans for bldg. Canopy, signs and storage tank shall fall under Use Group U (Utility) of BOCA. sections Dept. use only received Cate revision received Date approved ' ,mplete Incomplete Date reviewed Signature and Dat( Signature and Dat( 4tvRom,, COMMONWEALTH of VIRGINIA RANDOLPH L. GORDON. M.D., M.P.H. Department of Health ROCKBRIDGE SQUARE SHOPPING CENTER 131 WALKER STREET COMMISSIONER Office of Water Programs LEXINGTON, VIRGINIA 2"50-2431 Environmental Engineering Field Office PHONE: (540) 463.7136 FAX: (540) 463-3892 2 April 1997 SUBJECT: Frederick County Water - General (Flying J Travel Plaza) Mr. Phillip Adams Flying J, Inc. 50 West 990 South Brigham City, Utah 84302 Dear Mr. Adams: This notice is to inform you that, under the requirements of the U.S. Environmental Protection Agency's Surface Water Treatment Rule and Part II, Article 1, 12 VAC 5-590- 430) of the Commonwealth of Virginia Watersvorks Regulations (November 1995), this office has conducted an evaluation to determine if the proposed water source for the Flying J Travel Plaza in Clear Brook, Virginia is being directly influenced by surface water. You were asked to provide the Department with data such as raw water bacteriological data, turbidity, pH, conductivity and microscopic particulate analysis. In addition, our staff has conducted a study of the topographical and geological survey maps for your vicinity. Based on our review of the data, the Department has concluded that the Flying J Travel Plaza water source is under the direct influence of surface water. Since the Travel Plaza's water source has been determined to be under the direct influence of surface water, filtration and disinfection treatment techniques as discussed in Part II, Article 1, 12 VAC 5-590-420 of the Watem,orks Regulations must be installed and operational prior to the issuance of a certificate of occupancy for the Travel Plaza. Additional options you may wish to pursue would be permanent disconnection of the surface influenced source, development of new sources, or the connection to a regional waterworks. Please inform this office of your intentions with regard to the installation of filtration and disinfection by 1 June 1997. Mr. Phillip Adams 2 2 April 1997 SUBJECT: Frederick County Water - General (Flying J Travel Plaza) If you have any questions, do not hesitate to contact Charles A. Conner, III or Harold T. Eberly at 540/463-7136. Very truly yours, �G�h%Gl�it R nald E. Conner, P.E. Engineering Field Director HTE/bt/97040201.doc cc Inboden Environmental Services, Inc. - Attn: Terry Inboden Frederick County Planning & Building Department - Attn: Mike Ruddy Frederick County Health Department VDH - Richmond Central A"` lq-<5 q i • Y DaT • �v►�*�/ (LNG o ov- I• F. at M w4z3 ► "w L--- - vK - �1 U FuliNG 100 x 100 a�a-ate.-ci — o�� La o-vA 7CK9- N/A Pv 13 t. IC v VPD FEB-a7-_997 13:01 FLr1.4G J Ir•C. LEGAL DEPT. • 301 734 6543 P.02,/12 1 II i r1IS ACRE NSLN'T for the Creation of a Pond: ty Paaemeat made and dated as of the 6tb defy of November, 1996, by and between FRUIT HILL ORCBARD, INC., a i{l virgiaia Corporation, party of the .trst part, and CFJ PROPE)Et'1C1<F.S, a Utah (I Pmticrship, party of the second part. WHEREAS, Fruit Hil! Orchard, Inc. ("Fruit Hill";is the owns of a certain tract �! of and !j-iag and being situate along the sovthcm ootu'ldtw of State Route 569 i^ I. Frederick County, Virginia, and CFJ Properties ("CFJ") is the oruner of an adjacent pact I I' of land lying to its east and presently under deve!apment known as the Flying-J Travel Plaza (-Flying J-) project; and WEEREAS, in the de•:elopmera of the Flying-J project, and a certain access lane con buc••Dac on the property of CFJ sad others which is adjacent and contiguous with the ,ems:ern boundary of Fruit Rill's real estate, it is plsn—d by CFJ to raix the elevation of I! the F1)•ing-J project site and access lane and which development is contemplated toy cause a damming of surface water OVCT appMiMately six acres of F"t Hill's land f relauve to the 100 year flood Stage, And die approximactc ljrrits of Such damming or I pooling are shown as certain plat dotal Septernber, 1996, drawn by LA 4. attached hereo as Exhiblt A and by this reference made a part hereof as if set out in fu!l; WHEREAS, the C unty of )✓rederkk, Virginia has requires CFJ, in the development of its property to obtain a Ponding basement from Fruit Hill on the lard of � it Fruit Hill as outlined on the aforesaid Exhibit "A" and Fruit Hill has agreed to grant the ' Pondirtg basement upon the conditions htrein act forth. I 1' NOW 'THEREFORE., in consideration of the mutual benefits to be derived k � en � therefrom, the parties Wet as follows: I ! 1. Fruit Hill agrees to grant to CFJ Properties, a certain non-cxclusive Ii easement for the pooding of water on the land of Fnut Hill and Which ponding of ! surface Nvater is a result of the development by CFJ of its property lying eonbguotis and { I to the east of the Fruit Hill property. Fruit MI: and CFJ agree to cutor into a recordable } I� Easement Agreement at such time as all the conditions here have been satisfied by { i CFJ. r JC. 08-1996 .3- 4" 2264244 96% P. e2 FEB-07-1_997 13 01 • FLYING J INC. LEGAL DEFT. • .301 734 6543 P.03/12 I �I I z. it is distinctly understood and agrct l by the parties hereto that the li Ponding Easement to be granted by Fruit Bill does not permit CFJ to divert its surface waters from its properties onto the property oi^ Fruit MU, but rather said ponding area shall serve to collect the surface water ou the land of Fruit Hill x°hieh has been dammed II because of the construction of th,- Fl In -J Travcl Plaza site and the access lane 1 Y J3 , contiguous to Fruit RM property. In the event that petroleum products or other hazardous material are transported from the Flying-J Travel Plaza site and me caused to 1 flow to the Fruit Hilt properties by rewon of auoh damming of water, then in that event, i I I CFJ agrm to indemnify Fruit Hill from any loss occasion by such invasion of l poirolcttm products or hazardous materials originating from the CFJ site. 1 CFJ agrees that it will construct the ponding area in such a manner as shall allow Fruit Hill, in its future development, to divert its surface water into said ! ponding area easement. CFJ agrees that it will cooperate with l;ri it Hill in the future if i lL lxvv,ut:.% uc%,cbaa,y iv uWa:,, al,t,►vval Ji,,.,, 6%jYtia,ut,,a,to1 ua.u.;.o the use of the ponding area to handle the futuro development needs of Fruit Full on;its ! property. _ 4. CFJ and Fruit Hill agree that each party will cause their engineers to: ascertain the exact limits of the Ponding Easement and the rani: shall be placed in a document; agreeable to both parties, and placed of record in the Clerk's Office of the Circuit Count of Frederick County, CFJ, for its part agrees to construct a dirt berm; IIwliich wi11 hold the pondino of water, not to exceed the Jirnits aseertain=d for a IUO Year i I� fk 4 and as agreed upon by the engineers for CFJ and Fruit Hill. 5. Fmit Hilt shall have the absoluto right, in its sole discretion, to extinVaish j ;he Poading Easement by filling in its land at the location of the Poading Eeuemetlf and � thereby obviatiDg the need for the Ponding Easement. In the event of such action by Fruit Hill, the parties hereto agree to enter into a recordable extinguishment of the ; Pending Easement. 6. CFJ agrees to grant to Fruit Kill a perpetual, non-exclusive riglat of way 1 �over te access that portion of the lane along its western boundary and which right of way � I �I shall not conflict in any way Aith the right of way heretrfore granted to Rainbow Group j 1 I IJCU-08-1996 13:48 2264244 96%G P.03 FEB-77-_997 13:02 r.LVG J I-C. LEGAL DEPT. 301 734 6543 P.04!12 Lndlor any other third Parties. Said right of way over the acccs.4 lace shall be containtd in the Ponding Easement to be prepared and entered into by the parties end placed of record in the Clerk's Office of the Circuit Court of Frederick Cotuity. 7. Tbe: agreement to grant this Ponding F,ase ment is specifically corlhn M upon CFJ developing the Aacent property according to the site plan presently on file at the Frederick County Planning Office, Frederick County, Vitgixaa. In the event than CFJ makes any charges in the site plan as submarcd to Frederick County and which changes are to increase the r1tvabon of the developme= on its property as shown on the site plan on file at the time of this egrement, such increase in the elevations shall f tst be approved by Fruit MR. R. S. This agreement shall be binding upon the successors and as Wa of wch of the respective panties hereto. Fnut 'dill Orchards. Inc. BV: CFJ Properties STATE OF i OF TO -WIT: a Notary Public in and fat the State and jurisdiction aforesaid, doh eby certify tbai__ . whose names are siVwd to the foregoing Agreement daied November 6, 1996, Uve persmally appeared m4 re me and acknowledged the same in my Stye and }urigdiyuoD aforesaid_ Gi-.cn under my hand this dmy of 1996. My ConunisAon expires (P - 30• '1400ol f` NOTARY PU C NW-06-199G 13749 2264244 967 P.05 FEB-07-1997 13:02 FLYING J INC. LEGAL DEPT, B01 734 6543 P.05.-12 I . STATE OF =_ OF , TO -WIT: I _ ' I a NotAq Public in end far the Stale anti jurisdiotio>i eorgsaid, do h4 teby certify that _ --- whose nar u are ginned to the foregoing ,Agreomeut dated Novcmbcr 6, 1996, have — personally appeared before me and aftowk4ged the sam.0 in my Sutaic and jurisdiction aforesaid. Griven vnder my hand dus day of . 1996. My Commission eVire4 NOTARY PUBLIC I I i i C:1wp60�t!9Lot�ttiSlthll.t�gt i f _ i I _ � 1 i I NOU-09-15% 13.49 2264244 96%, P.06 FEE-a7-1997 13;02 FLYING J INC. LEGAL DEPT. =01 734 6543 P.06i12 RIGHT OF WAY -(Unpaved Acoess Road) KNOW ALL MEN BY THESE PRESENTS: That in consideration of One Dollar (U.00) and other good and valuable consideration paid to Rainbow Group & (Whiteba)l Managcment), a Virginia Partnership refe Tud to as GRANTOR, by Robert Solenberger, hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged, the GRANTOR does hereby grams and convey unto the GRANTEE, reasonable Right of Way to ute Grantor's Unpaved Access Road which borders Grantee's property along the astern property lire, for the sole purpose of access to the south portion of Grantee's agrioultural property. Grantee acknowledges that the ,Assess Road shall remain gated and looked when not being accessed by Grantee or Grantor axA ftuther the location of the gate installed by Grantee along the con m n property lino skull be mutually agreed upon by both Grantor and Grantee and all costs solely at Grantee's Wcwe. The property described herein is sitAtod in Frederick County, State of Virginia and is described on Exhibit A, attached hereto and made a part hereof as if set out in full herein; TO HAVE AND TO HOLD unto the Grantee, with the above rights as def vA providod Grantee's use is reasonable and does not greatly impact the Grantor's use, V-9= futuxe development occurs of Grantor's or Grantee's property, which would regtvxe an upgrade to at bndurtrial road status, of the above described access road, this Right of Way agremnent shall, become null and v$ii w Right of Way agreement would nood to `ie negotiated between Grantor 14t ed upon mutual benefit and apportioned sbaxed casts. Grantee does hereby imkmmify Grantor fi-om any liability concerning the use of the aforementioned road by Grantee or Grantee's reprtstntatirves. DATED this___ day of JAle /. 1996 GRANTOR: RAINBOW GROUP NDJ-38-1996 15:08 2264244 95% FEB-07-1997 13:03 TYING J IhC. LEGAL DEPT. . 301 734 6543 P.07!12 1 Acknowledged by Dated this day of STATF OF VIRGINIA ) )SS. COUNTY OF FREDERICK ) 44- 1996 On this ' da o QV 1996, personally acarcd before mae and t rr khoyJ 6C whose identity is personally known tobe (or proved to j6a4on the basis of tisfactocy evidence) turd who by m duly sworn (or affirmed), did say that they arc Paxtms and aut]aorized agents of The Rainbow Group, a ! Virginia Partdership and that said docimrm was signed by each party having authority to execute the smue. W� Notary P4H0 My commission mpires: Resid og at: a �, l am/ �' i %! , 1 �Gu 2 WJ--00-19?6 15 : 09 2264244 96% _"P . 03 FEB-a7--997 13:03 I FLYI4G J IINC. LEGAL EEPT. • 301 734 6543 P.09i12 rl THE INTER -STATE 3n co-, rN ttuq! , �J ORCHARDS. INC. -i n r `i CB 202. OC a2 ,1 \ v= 0-' t. c�� Goros® \ �•. „r.l GRADING F,-sab+r l 10.200 %;7-t CIO. O R.C.W. DEDICATION fir � tl.540 SO2 'J C l OGOU O pp Opp, O O U OOQQoc N01fS r _ t, 111E M1PPnOxn+wTE OUTLINE J AICI-IT-CF-WAY DEDICATION Ah0 CRADING lASE1ENT, 9+I010104 ii,csfON. WERE BASED ON T1+E Pr`JW PREPARED BY HARRIS. SMARGA & ASSCC., INC.. PROI //M�A.7-O-FLr1. sirET 13 Cr 16. DAT7:D APRI.. 1996. �Rptj 91 y 000O000p00 °O000O000 \DODO 00000p O 00 Ott c�r,pU L O o O TEX4181' SHCWNG APPROMATL pKUpOSED LIM17S OF STREET DED►CAMN do GRADING EASEMEN- ` Pgomrr or.. 1 THE INTER --STATE ORCHARDS, INC. DEEDBOOK Z.3((�"17 & 18 8Z (TUPP� SIONENWALL MAC;STERIAI�RWRIC" ` 1 REDERICK C" .•oclvee�. P.C. I �..;.w., E3Owet ■ ,...,.. `^ �y.n11 M.� M' • I 1 {SIP �� ►N .. t SEPT_ 1"S 1 ►+a ssovo�.ai CADFU A1,7.DWC N., A-119 TR�e 1�1T08-1946 15 la5 2264244 95i: r. N FEB-07—:997 13:03 �L'fI`IG J INC. LEGAL DEPT. . '301 734 6543 P.09!12 When Recorded mail to; CFJ Properties Legal Department 50 West 990 South Brigham City, Utah 84302 DRAINAGE EASEMENT (Storm Water Management Pond) KNOW ALL MEN BY THESE PRESENTS: That in consideration of One Dollar ($1.00) and other good and valuable consideration paid to Fruit Hill Orchard, Inc. referred to as GRANTOR, by CFJ Properties, a Utah partnership, hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged, the GRANTOR does hereby grant and convey unto the GRANTEE, its successors and assigns, a perpetual storm water management pond drainage easement that runs with the land with the right to discharge surface drainage water to handle future development needs from Grantor's property and Grantee's. adjacent property, Travel Plaza and facilities onto the land of the Grantor situated in Frederick County, State of Virginia, said land granted for the ponding drainage easement being described on Exhibit A attached hereto and made in a part hereof as if set out in full herein; TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns, with the above rights as defintd. The Grantor shall have the right to use the said premises provided such use does not interfere with the rights ranted to the Grantee hereunder. , The Grantee does hereby indemnify Grantor from any liability concerning discharge or drainage of any contaminated surface water onto Grantor's property. DATED this day of nXTm.r,-Vfredvr2rrk 1 1996. GRANTOR: FRUIT HILL ORCHARD, INC. I0 Its: President FEB-77-1997 13:04 FLYING J INC. LEGAL DEPT. B01 734 6543 P.10i1?- STATE OF VIRGINIA )ss. COUNTY OF FREDERICK ) On this day of 1996, personally appeared before me , whose identity is personally known to me (or proved to me on the basis of satisfactory evidence) and who by me duly sworn (or affirmed), did say that he is the President of Fruit Hill Orchard, Inc. and that said document was signed by him in behalf of said corporation by authority of its bylaws (or of a Resolution of its Board of Directors), and said acknowledged to me that said corporation executed the same. Notary Public My commission expires: Residing at: ecxumWfndvr92.rtk 2 FEB-07-1997 13:04 FLYING J INC. LEGAL DEPT, 601 734 6543 P.11/12 Exhibit. A► - Description of Drainal_e Easement aV t.rWhedvf2rrk 3 • FEB-37-:997 13 : ©4 FLY I VG J I h.0 . LEGAL DEPT . 301 734 6543 P.12'12 REST Ch , $CA R a �'Qqr R �6g� QUIT HILL ORCHARD, INC. J D8 365• Pr, 242 1 16 PRCPaS>:D 100 YEAR OCNCJMG EASSAENT �C aJ $ �` a ACRES* z T r A?pw '4�62-" wG EXtIIBIT A co .n,1 V +sus 1 i NOTES 1. THE APPRCXIUATE OUTLINE OF -NE PROPOS[D 100 YR. RONOING EASBONT M 8A4[D ON A 50G SCALE SKETC>l PROVMM 9Y HARRIS• SIWIGA & ASSOC.. fNG. DATED SCP7. 13, 1SS& Do+IQ17 SHOMNG D— 3[tT_ I"a APPRMCMATE PROPOSED UMI TS OF s..r r .Soo 100 YEAR PCNOINC EASEMCNT PROP£R'Y OP Prult Ift +I GM = i FRUIT HILL ORCHARD, INC. r.a., DrowcLAA OEM ROCK 3W. PACE 242 STONEWALL MAt MIRIAL DISTRICT FRMM(;X COUNTY, 'ARMNiA o.a w A- 120 !70� 1 777 � 00�] •�.w .71 N � o f TOTAL P.12 ( `0 R C 7"" A_. - A:(hlit;urs? COMMONWEALTH of VIRGINIA RANDOLPH L. GORDON, M.D., M.P.H. Department of Health ROCKBRIDGE SQ�� ��ER COMMISSIONER Office of Water Programs 13�I R` STREET LEXINGTON, VIRGINIA 24450-2431 Environmental Engineering Field Office PHONE: (540) 463-7136 FAX: (540) 463-3892 9 December 1997 SUBJECT: Frederick County Water - Flying J Travel Plaza Mr. J. Phillip Adams, President Flying J, Inc. 50 West 990 South Brigham City, Utah 84302 Dear Mr. Adams: Enclosed you will find Commonwealth of Virginia, Department of Health, Waterworks Operation Permit No. 2069230 with an effective date of 24 November 1997. This permit is your authorization from the State Health Commissioner to operate the public waterworks serving the Flying J Travel Plaza, located in Frederick County, Virginia, in accordance with Part. II of the Waterworks Regulations. You will note that the permit indicates that this water supply has a design capacity of 40,000 gallons per day. This permitted design capacity is the maximum system capacity based on Part III of the Regulations and shall not be exceeded. We look forward to your continued cooperation in the maintenance and operation of this public waterworks. If you have any questions regarding this matter, do not hesitate to contact me. Very truly yours Harold T. Eberly District Engineer HTE/bt/97120903.doc cc Frederick County Health Department J County of Frederick Attn: John Riley VDH - Richmond Central COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH DIVISION OF WATER SUPPLY ENGINEERING WATERWORKS OPERATION PERMIT Flvina J, Incor Is Hereby Granted Permission To Operate a nontransient noncommunity Waterworks Having a Design Capacity of 40,000 gallons per day at the Flying J Travel Plaza Located In Frederick County In Accordance With the Provisions of (City, Town and/or County) Title 32.1, Chapter 6, Article 2, Sections 32.1 - 172 and 173, Code of Virginia, as Amended, and 12 VAC 5-590-260 of the Waterworks Regulations of the Virginia Department of Health, As Amended. This Permit Is Issued In Accordance With Previously Issued Permits None (see attached Engineering Description Sheet dated 24 November 1997) And With The Understanding That This Owner Will Operate the Waterworks in Accordance with Part II, "Operation Regulations for Waterworks", of the Waterworks Regulations of the Virginia Department of Health and any Variances and/or Exemptions Noted Below. Variances and/or Exemptions Granted ( ) None (X) See Attached Special Conditions Granted ( ) None (X) See Attached An Engineering Description Sheet is Attached Dated 24 November 1997 PERMIT NO. 2069230 EFFECTIVE DATE 24 November 1997 EXPIRATION DATE 23 May 1999 RECOMMENDED Director,.Divi/ion of Water Supply Engineering RECOMMENDED G /'L Director, Orrice of Water Programs APPROVED Sta Health Commissioner COMMONWEALTH of VIRGINIA Depaninent of Health Randolph L. Gordon, M.D., M.P.H. P O BOX 2448 Commissioner RICHMOND, VA 23218 TDD 1-800-828-1120 FLYING J, INCORPORATED Waterworks Operation Permit No. 2069230 Special Conditions 1. Flying J, Incorporated shall implement a monitoring program for the corporation's Clearbrook water treatment plant to demonstrate plant performance and compliance with Surface Water Treatment Rule criteria. The monitoring program shall include the following parameters, sampling locations, and sampling frequencies in addition to any required operational monitoring: PARAMETER SAMPLING LOCATION SAMPLING FREQUENCY Flow Raw Water Daily Finished Water Temperature Raw Water Daily pH Raw Water Daily Finished Water Hardness Raw Water Daily Finished Water Particle Count Raw Water Continuous (3-5 micron) Finished Water Particle Count Raw Water Continuous (5-15 micron) Finished Water Turbidity Raw Water Daily Finished Water Transmembrane Filter, Each Daily Pressure Chlorine Residual Entry Point Daily Integrity Test Filter, Each Daily Plant Service Hours Daily *Raw water refers to downstream side of pre -filter. **Finished water refers to filtrate. 2. The monitoring program shall continue for a period of 12 consecutive months, beginning with the effective date of the permit. 3. Upon completion of this monitoring program, a final written report shall be submitted to this Department. This report shall be prepared under the supervision of a Virginia licensed professional engineer and shall Include all monitoring, observations, and any related factors influencing treatment plant performance, and conclusions and recommendations. This report shall be submitted to the Department within 30 days following the end of the monitoring period. 4. Flying ], Incorporated shall submit an operation and maintenance manual for the water treatment plant not later than 12 months from the effective date of the permit. RGINIA VD Of HEAL T^HhT Pmlvaing You ind Yrwr [nvirunnx•nl T comlwONWEALTH of VI RGINIA Department of Health Randolph L. Gordon, M.D., M.P.H. P O BOX 2448 Commissioner RICHMOND, VA 23218 TDD 1-800-828-1120 VARIANCE Permit No. 2069230 This Variance is issued in accordance with Part I, Article 3, 12 VAC 5-590-140 of the Waterworks Regulations of the Virginia Department of Health. This Variance is to Part II, Article 3 of the Waterworks Regulations. This Variance is issued with the following conditions: 1. By 24 May 1998, Flying J, Incorporated must establish or cause to be established and have in operation a cross -connection and backflow prevention control program consistent with the extent of the system and the type of consumer served by the corporation's Clearbrook travel plaza. This Variance is nontransferable and must be attached to Permit No. 2069230. This Variance Is a condition of Permit No. 2069230 and is revoked when Permit No. 2069230 is revoked. Recommended Director Division of Water Supply Engineering Recommended 6�E- ?�Z /,Z� D or, Office of Water Programs Approved State Health Com Aissloner VIDHODF'HEALTHEPARTMENT pmtrYling You jrd Im, (m i,ww •nl r STATE DEPARTMENT OF HEALTH ENGINEERING DESCRIPTION SHEET DATE: 24 November 1997 INSTALLATION: Flying I Travel Plaza CERTIFIED CLASS: III COUNTY: Frederick TYPE: Nontransient Noncommunity LOCATION: West side of Interstate Route 81 at Exit 323 OWNER: Flying J, Inc. OPERATOR: Flying J, Inc. PERMIT NO.: 2069230 DATE ISSUED: 24 November 1997 TYPE OF TREATMENT: Membrane Filtration and Chlorination SOURCE: One drilled well DESIGN BASIS: 40,000 GPD DESCRIPTION OF SYSTEM: The source of supply for this system consists of a drilled well, membrane filtration facilities, chlorination facilities, and combined clearwell/finished water storage tank. The well is located approximately 150 feet southeast of the travel plaza and adjacent to the Interstate Route 81 right-of-way. The well is drilled to a depth of 160 feet, cased to a depth of 104 feet with 8-inch casing and cement grouted to a depth of 100 feet. The extended well casing terminates approximately 12 inches above a 6-foot by 6-foot by 6-inch concrete pad and is provided with a sanitary seal, screened casing vent, drawdown gauge, and pitless adapter. Water is pumped from the well by means of a 5 horsepower, 115 gpm submersible pump to the combined clearwell/finished water storage tank. Reported well yield, based on a 120-hour yield and drawdown test, is 115 gpm. Total water production is metered. Treatment of the well consists of membrane filtration and chlorination . Water pumped from the well passes through a pre -filter basket strainer and is delivered to a 500-gallon buffer (break) tank. This tank measures 4 feet in diameter by 5.83 feet high, is equipped with a level indicator, and serves to equalize flow to the membrane filter. From the break tank, water is filtered on a Memcor Model 6M10C membrane filter equipped with three filter modules capable of treating 40,000 gpd. The filter is located in a 14-foot by 18-foot fiberglass building located adjacent to the combined clearwell/finished water storage tank and is equipped with a chemical cleaning system, solenoid valves, and control panel to provide automatic operation. Filter backwash is accomplished using compressed air supplied by a 2 horsepower, 7.5 scfm at 175 psi compressor. Following filtration, a 44 gpd hypochlorinator injects a chlorine solution from a 50-gallon solution crock into the filter effluent line prior to water entering the combined clearwell/finished water storage tank. The chlorination equipment is housed in the treatment building in a 4-foot by 4-foot room with an outward opening door. From the combined clearwell/finished water storage tank, water enters the distribution system where a prefabricated domestic water pressure system, comprising three 55 gpm at 140 feet constant speed pumps and 170-gallon pressure tank, takes suction and maintains system pressure at 60 psi. hr Operational monitoring of the water treatment process includes provisions for pressure (raw, pre- filter differential, transmembrane, finished water), flow rate (raw, finished), turbidity (raw, finished), particle count (finished), and residual chlorine (entry point). Established alarm conditions Include high water levels, high particle count, low entry point chlorine residual, low air pressure while plant shutdown alarm conditions include low entry point chlorine residual, low air pressure, low break tank level, high influent and effluent turbidity, and high particle count. Storage consists of a combined clearwell/finished water storage tank located adjacent to the treatment building. The tank is a circular, steel structure that measures approximately 21.5 feet in diameter and 24.4 feet high, has a capacity of 66,600 gallons at the overflow, and is provided with a 6-inch screened overflow, 4-inch tank drain, 2 feet square shoebox-type access manhole, screened 20-inch mushroom -type roof vent, and 24-inch diameter manway. The design capacity for this system Is based on the following data: Source Capacity: Yeld Pump Well 115 gpm 115 gpm Source capacity will be limited by well yield to 115 gpm or 0.165 MGD. Treatment Facilities: Booster Pumps: 3 x 55 gpm = 165 gpm Filtration Capacity: 1 x 27.5 gpm = 27.5 gpm Treatment facilities will be limited by filter capacity. Storage Capacity: Total Available Total Useable Tank Capacity (See Note 1) 66,600 gal 28,440 gal Storage capacity at 200 gallons per connection = 142 connections Existing: 1 Connection The design capacity of this system will be filter capacity limited; therefore, the capacity for this system will be 40,000 gpd. NOTE 1: Available storage capacity has been adjusted to reflect CT requirements for water treatment facility. Adjustments based on 0.3 baffling factor and minimum entry point chlorine residual of 0.5 mg/L at pH = 7.5 and temperature = 13.5 C. HTE/bt r VICINITY MAP SCALE: 1" = 2000' 3PG1800 SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THE LAND SHOWN HEREON AS BEING CONTAINED WITHIN THIS LOT CONSOLIDATION, IS ALL OF THE LAND CONVEYED TO CFJ PROPERTIES BY DEEDS RECORDED IN DEED BOOK 867, AT PAGE 670 AND DEED BOOK 867 AT PAG 74, AL AMON LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. w . �y-�7 RA ALL C. McENTIR , COMMO NWEALTH OF VIRGINIA LAND SURVEYOR DATE CER IFICATE No. 1371 OWNER'S CERTIFICATION: THIS LOT CONSOLIDATION OF THE LAND SHOWN HEREON IS WITH THE FREE CONSENT AND IN AC.RORDA�THE DESIRES OF THE UNDERSIGNED OWNER(S). MEMBER OF THE^EXECUtlVE COMIITTTTEE FOR: CFJ PROPERTIES, A UTAH PARTNERSHIP 50 WEST 990 SOUTH BRIGHAM CITY, UTAH 84302 COUNTY OF FREDERICK DEPT. OF PLANNING & DEV LOP ENT SUBDIVISION ADMI ISTRAIOR DATE Fcb_Sg7 DATE STATE OF LA +OYA COUNTY OF TO WIT: SUBSCRIBED AND SWORN TO BEFORE ME IN MY STATE AND COUNTY "-4(_ r✓ I- - - . AF R SAID THIS "� -DAY OF I Al N A Y PU LIC 4_ MY COMMISSION EXPIRES 1997. LOT CONSOLIDATION PLAT ate: January 31, 1997 OF ALL THE PROPERTY OF: tiA1,TH b f CFJ PROPERTIES Scale: AS NOTED DEED BOOK 867, PAGE 670 Proj. No: 950907.02 DEED BOOK 867, PAGE 674 ANDALL C. MCENTIRE TO CREATE NEW Tech: CMH Drawn: LAA CERTIFICATE NO. LOT 1731 WHITE HALL FLYING J FId: DG Chkd: CMH l 6- NEW P.I.N. 33—((9))-1 Sheet 1 of 5 STONEWALL DISTRICT No. A-133 FREDERICK COUNTY, VIRGINIA Dwg. Bowers S► Associates, P.C. Revisions: ccn.uiting Enpine,.r. Surveyor. County comments 1/31/97 Londeoap• Archlt,wct• 104-1 Church St., S.E., Lwemburq. Va. 20175 (703) 777 — 0083 (metro) 4715 15575 THE PURPOSE OF THIS PLAT IONSOLIDA-TE�ALL3 HEI L8ANOD DYED TO CFJ PROPERTIES BY DEEDS RECORDED AMONG THE LAND RECORDS OF EREDERICK COUNTY, VIRGINIA IN DEED BOOK 867, PAGE 670 AND DEED BOOK 867, PAGE 674 INTO A SINGLE LOT TO BE CALLED "LOT 1, WHITE HALL FLYING J". THE LAND BEING CONSOLIDATED CONSISTS OF EXISTING GROUPS OF LOTS OR PARCELS AS FOLLOWS: WHITE HALL BUSINESS PARK LOTS TAX MAP PARCEL No. 33— 9 — X" CURRENT OWNER LOT DESIGNATION INSTRUMENTS THAT CREATED THE LOT CURRENT USE ZONING I CFJ PROPERTIES LOT 1 DB 747, PG 1052 UNDER CONSTRUCTION B3 DB 867 PG 670 DB 750 PG 1810 2 CFJ PROPERTIES LOT 2 DB 747, PG 1052 UNDER CONSTRUCTION B3 DB 867 PG 670 DB 750 PG 1810 3 CFJ PROPERTIES LOT 3 DB 747, PG 1052 UNDER CONSTRUCTION 83 DB 867 PG 670 DQ 750 PG 1810 NOTE: REFERENCE TO 33—((9))-1 THIS SHEET IS THE QLU P.I.N. FOR LOT 1, WHITE HALL BUSINESS. PARK EFFECTIVE PRIOR TO 1/31/97, SEE NOTE 9, SHEET 3. HOFFMAN DIVISION LOTS (BEING LOTS CREATED, NAMED AND ORIGINALLY CONVEYED BY DR. M.G. HOFFMAN, et ux.) TAX MAP PARCEL No. 33A— A — X" CURRENT OWNER LOT DESIGNATION DEED THAT CREATED THE LOT CURRENT USE ZONING 3 CFJ PROPERTIES LOTS E & F DB 248, PG 413 UNDER CONSTRUCTION B3 DB 867 PG 670 4 CFJ PROPERTIES LOT D DB 279, PG 154 UNDER CONSTRUCTION B3 DB 867 PG 670 5 CFJ PROPERTIES LOT C DB 237, PG 347 UNDER CONSTRUCTION B3 DB 867 PG 670 6 CFJ PROPERTIES LOT B DB 236, PG 596 UNDER CONSTRUCTION B3 DB 867 PG 670 7 CFJ PROPERTIES LOT A DB 236, PG 513 UNDER CONSTRUCTION 83 DB 867 PG 674 8 CFJ PROPERTIES LOT 1 DB 235, PG 307 UNDER CONSTRUCTION B3 DB 867 PG 674 9 CFJ PROPERTIES LOT 2 DB 235, PG 309 UNDER CONSTRUCTION B3 DB 867 PG 674 10 CFJ PROPERTIES LOT 3 DB 236, PG 511 UNDER CONSTRUCTION B3 DB 867 PG 674 UNKNOWN CFJ PROPERTIES DB 867 PG 670 PORTION OF 1 QUITCLAIM PARCEL QUITCLAIM I DB 858 PG 196 EXISTING ROAD UNKNOWN AREA TABULATION TAX MAP PARCEL SQ. FT. ACRE(S) 33—((9))-1 330,217 7.5808 33—((9))-72 325.232 7.4663 33—((9))-3 265,314 6.0908 33A—((A))-3 37,482 0.8605 33A—((A))-4 18.741 0,4302 33A—((A))-5 18,741 0.4302 33A—((A))-6 18,741 0.4302 33A—((A))-7 17,241 0.3958 33A—((A))-8 17.241 0.3958 33A—((A))-9 17,241 0.3958 33A— A —10 15,169 0.3482 PORTION OF QUITCLAIM PARCEL 7,756 0.1781 TOTAL• NEW LOT 1 WHITE HALL FLYING J 1,089,116 25.0027 LOT CONSOLIDATION PLAT ALL THE PROPERTY OF: CFJ PROPERTIES DEED BOOK 867, PAGE 670 DEED BOOK 867, PAGE 674 A 7LOC.c TO CREATE NEW LOT•_ __.._..--..._....WHITE HALL FLYING J ,y NEW P.I.N. 33—((9))-1 � STONEWALL DISTRICT Date: January 31, 1997 Scale: AS NOTED Proj. No: 950907.02 Tech: CMH (Drawn: LAA Fld: DC IChkd: CMH Sheet 2 of 5 FREDERICK COUNTY, VIRGINIA Dw9. No. A-133 Bowers Q Associates, P.C. Revisions: Connultinp Enpinaors • Survayore County comments 1/31/97 Londnoape, Arohltaoto 104-1 Church St., S.E., . Leewburq, Va. 20175 (703) 777 — 00453 (metro) 478 — ISC715 r J NOTES: BK873PG 1802 1. THE PROPERTY SHOWN HEREON IS CURRENTLY PROPOSED FOR DEVELOPMENT AS THE "FLYING J TRAVEL PLAZA". BASED ON A FIELD INSPECTION OF THE PREMISES ON JANUARY 28, 1997, THE SUBJECT PROPERTY IS UNDER CONSTRUCTION. 2. BOUNDARY INFORMATION/MONUMENTATION SHOWN HEREON IS BA>ED ON INSTRUMENTS OF RECORD AS INDICATED HEREON AND AN ALTA/ACSM LAND TITLE SURVE . PREPARED BY BOWERS do ASSOCIATES, P.C. ON THE PROPERTY OF THE RAINBOW GROUP AND PEN DAY ENTERPRISES, INC. DATED 10/13/95, RECERTIFIED 7/14/96, REVISED 9/10/96 (REFERENCE B&A FILE No. C-771). 3. THE PROPERTY SHOWN HEREON IS SUBJECT TO THE FOLLOWING EASEMENTS: N.V.P.C. — DB 164, PG 366; DB 235, PG 582; DB 243, PG 172; DB 250, PG 202 POTOMAC EDISON CO. — DB 338, PG 606 4. FLOOD CERTIFICATION: BASED ON AN EXAMINATION OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FLOOD INSURANCE RATE MAP (FIRM) FOR UNINCORPORATED AREAS OF FREDERICK COUNTY, VIRGINIA, COMMUNITY PANEL No. 510063 0075 B WITH AND EFFECTIVE DATE OF JULY 17, 1979; PORTIONS OF THE SUBJECT PROPERTY LIE WITHIN ZONE A (AREAS OF 100 YEAR FLOOD) AS SHOWN HEREON. THE REMAINDER OF THE PROPERTY LIES WITHIN ZONE C (AREAS OF MINIMAL FLOODING). THE FLOODPLAIN DELINEATED HEREON IS DIGITIZED FROM THE REFERENCE FIRM MAP AND IS APPROXIMATE ONLY. 5. MERIDIAN SHOWN HEREON IS BASED ON RE —DIVISION PLAT OF WHITE HALL BUSINESS PARK, RECORDED AT DB 750, PG 1810 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 6. THE PROPERTY SHOWN HEREON IS THE SUBJECT OF A REZONING APPLICATION (No. 004 95) APPROVED OCT. 11, 1995. SUBJECT PROPERTY CURRENT ZONING: 83 INDUSTRIAL TRANSITION DISTRICT § 165.83 DIMENSIONAL AND INTENSITY REQUIREMENTS A. THE FOLLOWING TABLE DESCRIBES THE DIMENSIONAL AND INTENSITY REQUIREMENTS FOR THE 83 DISTRICT: FRONT YARD SETBACK ON PRIMARY OR ARTERIAL HIGHWAYS (FEET) 50 FRONT YARD SETBACK ON COLLECTOR OR MINOR STREETS (FEET) 35 SIDE YARD SETBACKS, (FEET) 15 REAR YARD SETBACKS (FEET) 15 FLOOR AREA TO LOT AREA RATIO (FAR) 1.0 MINIMUM LANDSCAPED AREA (PERCENTAGE OF LOT AREA) 25 MAXIMUM HEIGHT (FEET) 35 B.R.L.s/SETBACKS ARE SUBJECT TO CHANGE WITH THE CHANGING LOCATION OR REALIGNMENT OF RIGHT OF WAY LINES, PROPERTY LINES OR P.A.E.s. 7. THE EXISTING PRIVATE ACCESS EASEMENT SHOWN HEREON (RAINBOW LANE) IS PRIVATE AND ITS MAINTENANCE, INCLUDING SNOW REMOVAL IS NOT A PUBLIC RESPONSIBILITY. EXISTING OR PROPOSED DRIVEWAY OR ROAD IMPROVEMENTS WITHIN SAID EASEMENT WILL NOT BE MAINTAINED BY VDOT OR FREDERICK COUNTY. THE IMPROVEMENT AND MAINTENANCE OF SAID DRIVEWAY/ROAD SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF LOTS WHICH ARE PROVIDED WITH ACCESS VIA THE DRIVEWAY/ROAD. SAID DRIVEWAY/ROAD WILL NOT BE CONSIDERED FOR INCLUSION INTO THE STATE SECONDARY SYSTEM UNTIL THEY MEET THE APPLICABLE CONSTRUCTION STANDARDS OF THE VDOT. THE COST OF BRINGING' SAID DRIVEWAY/ROAD TO ACCEPTABLE STANDARDS SHALL NOT BE BORNE BY VDOT NOR BY FREDERICK COUNTY. 8. THIS LOT CONSOLIDATION PLAT HAS BEEN PREPARED WITHOUT A CURRENT TITLE REPORT AND DOES NOT PURPORT TO REFLECT ALL EASEMENTS, ENCUMBRANCES OR OTHER CIRCUMSTANCES AFFECTING THE TITLE TO THIS PROPERTY. 9. EFFECTIVE JANUARY 31, 1997 THE FREDERICK COUNTY DEPARTMENT OF MAPPING HAS ASSIGNED THE TAX MAP PARCEL IDENTIFICATION NUMBER (P.I.N.) 33—((9))-1 TO NEW LOT 1, WHITE HALL FLYING J. LOT CONSOLIDATION PLAT Date: January 31, 1997 t,TH pF �r ALL THE PROPERTY OF: CFJ PROPERTIES Scale: AS NOTED Proj. No: 950907.02 f C DEED BOOK 867, PAGE 670 DEED BOOK 867, PAGE 674 ANDALL C. M N E CERTIFICATE NO. 1731 TO CREATE NEW LOT 1 WHITE HALL FLYi N G J Tech: CMH Drawn: LAA FId: DC Chkd: CMH i p4 NEW P.I.N. 33—((9))-1 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Sheet 3 of 5 Dwg. No. A-133 Bowers Q Associates, P.C. Revisions: Consulting Engin�arw • Survayare County comments 1/31/97 Landwcapa Architeatn 104-1 Church St., S.E., Leemburg. Va. 20175 (703) 777 — 0063 (metro) 476 — 85745 ~ a LOT G LOT0 SET CUT "X" IN STONE DETAIL 1 N.T.S. BK873PG1803 DETAIL 2 N.T.S. IRFW U2.5 1 1 2 o NfYJ�00� VDH. 4 FOUND DETAIL 3 DETAIL 4 N.T.S. N.T.S. LEGEND: IPS IRON PIPE SET NVPC NORTHERN VIRGINIA IPF IRON PIPE FOUND POWER COMPANY IRF IRON ROD FOUND VDOT VIRGINIA DEPARTMENT DB DEED BOOK OF TRANSPORTATION PB PLAT BOOK VDH VIRGINIA DEPARTMENT PG PAGE OF HIGHWAYS ESMT. EASEMENT OHE OVERHEAD ELECTRIC APPROX. APPROXIMATE P.A.E. PRIVATE ACCESS EASEMENT 0 POWER POLE MON. MONUMENT N.T.S. NOT TO SCALE N/F NOW OR FORMERLY EX. EXISTING TOT. TOTAL P.I.N. PARCEL IDENTIFICATION B.R.L. BUILDING RESTRICTION LINE NUMBER CENTERLINE �! TH pF y r ✓ ANDALL C. Mc IRE CERTIFICATE NO. 1731 l p4` LOT CONSOLIDATION PLAT ALL THE PROPERTY OF: CFJ PROPERTIES DEED BOOK 867, PAGE 670 DEED BOOK 867, PAGE 674 TO CREATE NEW LOT 1 MITE HALL FLYING J NEW P.I.N. 33-((9))-1 STONEWALL DISTRICT Date: January 31, 1997 Scale: AS NOTED Proj. No: 950907.02 Tech: CMH Drawn: LAA FId: DG Chkd: CMH Sheet 4 of 5 FREDERICK COUNTY, VIRGINIA' Dwg. No. A-1 33 Bowers a Associates. P.C. Revisions: Conouitlnv Engineers • Survftyor. County comments 1/31/97 Landoaap• ^rohltaote 104-1 Church St., S.E., Leesburg, Va. 2017E (703) 777 — 0063 (metro) 470 8876 : RESr CHU R� ORLE�rr't H�� PG 1 8 0 4 U E ST rOR Rp ozX o Ur�j,Q��. 3 ° wI II rE A S Ro ,71 .669 s 1 Q'45'1 QOJ t� e MI t HALL, �A. (AND 0 S 4034>3 W �- THERS) 79*Q8 '2 PK v ti �_ , E NAILy o (15, eithCr'Ptive� P�NAIL ETOQ SET Of roodJ Side 1 L M S 79-14'47' E o 1, ai i UU O 35 68.30 B R. �) Nin " ' li 1, o-'i m ©i L 50 4' r� ►RF c' SEE DETAIL I SET CUr : 1 �F� M A a J �I°N� S ti0 ~ 3 VDH MON. FOUND J � IS � e R � �; ' L� L' SEE DETAIL' N " ^� 2 ^ 0 C,; I a LOTS C 04 ,c..C�.o d �Ir m a.�� jam!~ 0���MLlu r.' NEW LOT 1 (��'� _ �, p p c, �. . WH I TE HALL ' ^;� v) o a a a z FLYING J ' Q'� ��o (0 mj — 25.0027 AC �ec� ' Qa to N 'Zi co �.N. 1 oQa � IRF J=� w -j c L0T 31 V. I ' ¢ooa,' o� so' TOTAL CURVE c� oa A = 03'33'01" (� ° o R = 14444.73' j m LO _ T = 447.65' L = 895.02' CB = S 21'31, 07" W CH = 894.91' LOT A opprox 3 / NOTE: B.R.L.s SHOWN HEREON; ' l QQ yeor1Inni1 is of / SEE NOTE 6, SHEET 3 FOR (See note f!o odploiO / ADDITIONAL INFORMATION. I DUN S RUN )41IRF, l/ IRF �. N 78'04' R GRAPHIC SCALE L O W 9 3 �200 0 100 200 400 `y"/T 59 i E fr'•a % S� E DETAIL 4 ( IN FEET ) 9 6 / 1 inch 200 ft. C,4iL ; r LOT CONSOLIDATION PLAT Date: January 31, 1997 tiTH OF ALL THE PROPERTY OF: CFJ PROPERTIES Scale: '� = 2° DEED BOOK 867, PAGE 670 Proj. No: 950907.02 DEED BOOK1 867; 'PAGE' 674 ' AND LL C. M I :.TO. CREATE ' NEW Tech: CMH Drawn: LAA CERTIFICATE N0. �:• • !,L'0'T. •1 Fld: DG Chkd: CMH 1731 WHITE' `HALL `FLYING J 1 p4� Sheet 5 of 5 :.STOtiEWALL DISTRICT FREDERICK"COUNTY, VIRGINIA Dwg. No. A-133 Bowers Q Associates, P.C. Revisions: Conmulting Engineers 0 Surv-ey..ir■ County comments 1/31/97 LandsoaP• Architects 104-1 Chyrch St., S.E.. Leesburg, Vo. 20175 (703) 777 — 00153 (metro) 4715 — 15578 6K873PG 1805 i VIRGINIA: FREDERICK COUNTY, SCT. Th Instrument of rltln was produced to me on tht, day of 19_1_A alj^�' 1 and with certificate of acknowlndyment thorot6 ennoxed was admitted to record. Tex Imposed by Sec. 50.1-802 of $ o •nd 58.1-801 have bears paid, If assessabI6 r Clerk 0 ��Fo SST �r C'o rn' 15' C� ��T r m ci'I,i CII, RI DG E L �Tr 0 o TO wHl1F HALL ��� REST� CHU RCH \ R� RD. OU 669 �a DUNCq/V S � Y SITE J a ti J Q 'S� 2 �O VICINITY MAP SCALE: 1 " = 2000' RD. M SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THAT THE LAND SHOWN HEREON AS BEING CONTAINED WITHIN THIS LOT CONSOLIDATION, IS ALL OF THE LAND CONVEYED TO CFJ PROPERTIES BY DEEDS RECORDED IN DEED BOOK 867, AT PAGE 670 AND DEED BOOK 867 AT PAG 74, AL AMONG n LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. RA ALL C. McENTIR -, COMMONWEALTH OF VIRGINIA LAND SURVEYOR DATE CER IFICATE No. 1371 OWNER'S CERTIFICATION: THIS LOT CONSOLIDATION OF THE LAND SHOWN HEREON IS WITH THE FREE CONSENT AND IN ORDA E THE DESIRES OF THE UNDERSIGNED OWNER(S). 'cam, 5�-/ 7 -* Gpl DATE MEMBER OF THE EXECUTIVE COMMITTEE FOR: CFJ PROPERTIES, A UTAH PARTNERSHIP 50 WEST 990 SOUTH BRIGHAM CITY, UTAH 84302 COUNTY OF FREDERICK STATE OF Wah COUNTY OF TO WIT: DEPT. OF PLANNING & DEV LO MENT SUBSCRIBED AND SWORN TO BEFOREMEIN MY STATE AND COUNTY W<JBt�INASIO AF R SAID THIS DAY OF F � 1997. rADPISTRATOR ✓� DATE - �7 MY COMMISSION EXPIRES �Q—CY' LOT CONSOLIDATION PLAT Date: January 31, 1997 tiTH op �A Gr ALL THE PROPERTY OF: CFJ PROPERTIES Scale: AS NOTED DEED BOOK 867, PAGE 670 DEED BOOK 867, PAGE 674 Proj. No: 950907.02 ANDALL C. Mc NTIRE CERTIFICATE NO. 1731 TO CREATE NEW LOT WHITE HALL FLYING J Tech: CMH Drawn: LAA Fld: DG Chkd: CMH 1p�C 5�[JR NEW P.I.N. 33—((9))-1 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Sheet 1 of 5 Dwg. No. A-133 Bowers Q Associates, P.C. Consulting Engineftre • Surv"yors Landscape Arc)n1tecto Revisions: County comments 1/31/97 104-1 Church St., S.E., Leesburg, Va. 20175 (703) 777 — 0063 (metro) 478 — E5 576 THE PURPOSE OF THIS PLAT IS TO CONSOLIDATE ALL THE LAND CONVEYED TO CFJ PROPERTIES BY DEEDS RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 867, PAGE 670 AND DEED BOOK 867, PAGE 674 INTO A SINGLE LOT TO BE CALLED "LOT 1, WHITE HALL FLYING X. THE LAND BEING CONSOLIDATED CONSISTS OF EXISTING GROUPS OF LOTS OR PARCELS AS FOLLOWS: WHITE HALL BUSINESS PARK LOTS TAX MAP PARCEL No. 33— 9 — X" CURRENT OWNER LOT DESIGNATION INSTRUMENTS THAT CREATED THE LOT CURRENT USE ZONING 1 CFJ PROPERTIES LOT 1 DB 747, PG 1052 UNDER CONSTRUCTION B3 DB 867 PG 670 DB 750 PG 1810 2 CFJ PROPERTIES LOT 2 DB 747, PG 1052 UNDER CONSTRUCTION B3 DB 867 PG 670 DB 750 PG 1810 3 CFJ PROPERTIES LOT 3 DB 747, PG 1052 UNDER CONSTRUCTION B3 DB 867 PG 670 DB 750 PG 1810 NOTE: REFERENCE TO 33—((9))-1 THIS SHEET IS THE QM P.I.N. FOR LOT 1, WHITE HALL BUSINESS PARK EFFECTIVE PRIOR TO 1 /31 /97. SEE NOTE 9, SHEET 3. HOFFMAN DIVISION LOTS (BEING LOTS CREATED, NAMED AND ORIGINALLY CONVEYED BY DR. M.G. HOFFMAN, et ux.) TAX MAP PARCEL No. 33A— A — X" CURRENT OWNER LOT DESIGNATION DEED THAT CREATED THE LOT CURRENT USE ZONING 3 CFJ PROPERTIES LOTS E & F DB 248, PG 413 UNDER CONSTRUCTION B3 DB 867 PG 670 4 CFJ PROPERTIES LOT D DB 279, PG 154 UNDER CONSTRUCTION B3 DB 867 PG 670 5 CFJ PROPERTIES LOT C DB 237, PG 347 UNDER CONSTRUCTION B3 DB 867 PG 670 6 CFJ PROPERTIES LOT B DB 236, PG 596 UNDER CONSTRUCTION B3 DB 867 PG 670 7 CFJ PROPERTIES LOT A DB 236, PG 513 UNDER CONSTRUCTION B3 DB 867 PG 674 8 CFJ PROPERTIES LOT 1 DB 235, PG 307 UNDER CONSTRUCTION B3 DB 867 PG 674 9 CFJ PROPERTIES LOT 2 DB 235, PG 309 UNDER CONSTRUCTION B3 DB 867 PG 674 10 CFJ PROPERTIES LOT 3 DB 236, PG 511 UNDER CONSTRUCTION B3 DB 867 PG 674 UNKNOWN CFJ PROPERTIES DB 867 PG 670 PORTION OF QUITCLAIM PARCEL QUITCLAIM DB 858 PG 196 EXISTING ROAD UNKNOWN AREA TABULATION TAX MAP PARCEL SQ. FT. ACRE(S) 33—((9))-1 330,217 7.5808 33—((9))-2 325,232 7.4663 33—((9))-3 265,314 6.0908 33A—((A))-3 37.482 0.8605 33A—((A))-4 18,741 0.4302 33A—((A))-5 18,741 0.4302 33A—((A))-6 18,741 0.4302 33A—((A))-7 17,241 0.3958 33A—((A))-8 17,241 0.3958 33A—((A))-9 17,241 0.3958 33A— A —10 15,169 0.3482 QUITCLAIM PARCEL 7,756 0.1781 TOTAL: NEW LOT 1 WHITE HALL FLYING J 1,089,116 25.0027 LOT CONSOLIDATION PLAT OF ALL THE PROPERTY OF: �QtiTH L r� CFJ PROPERTIES 9� DEED BOOK 867, PAGE 670 DEED BOOK 867, PAGE 674 ANDALL C. c N TO CREATE NEW CERTIFICATE NO. —LOT 1 � 1731 WHITE HALL FLYING J 1p4 NEW P.I.N. 33-((9))-1 STONEWALL DISTRICT Date: January 31, 1997 Scale: AS NOTED Proj. No: 950907.02 Tech: CMH IDrawn: LAA Fld: DG I Chkd: CMH I Sheet 2 of 5 FREDERICK COUNTY, VIRGINIA Dwg. No. A-133 Bowers i� Associates. P.C. Revisions: Conaulting Englnecra Surveyors County comments 1/31/97 Landscape Arch ltacta 104-1 Church St., S.E., Leesburg, Va. 20175 (703) 777 — 0083 (metro) 475 — 8576 0 NOTES 1. THE PROPERTY SHOWN HEREON IS CURRENTLY PROPOSED FOR DEVELOPMENT AS THE "FLYING J TRAVEL PLAZA". BASED ON A FIELD INSPECTION OF THE PREMISES ON JANUARY 28, 1997, THE SUBJECT PROPERTY IS UNDER CONSTRUCTION. 2. BOUNDARY INFORMATION/MONUMENTATION SHOWN HEREON IS BASED ON INSTRUMENTS OF RECORD AS INDICATED HEREON AND AN ALTA/ACSM LAND TITLE SURVEY PREPARED BY BOWERS & ASSOCIATES, P.C. ON THE PROPERTY OF THE RAINBOW GROUP AND PEN DAY ENTERPRISES, INC. DATED 10/13/95, RECERTIFIED 7/14/96, REVISED 9/10/96 (REFERENCE B&A FILE No. C-771). 3. THE PROPERTY SHOWN HEREON IS SUBJECT TO THE FOLLOWING EASEMENTS: N.V.P.C. — DB 164, PG 366; DB 235, PG 582; DB 243, PG 172; DB 250, PG 202 POTOMAC EDISON CO. — DB 338, PG 606 4. FLOOD CERTIFICATION: BASED ON AN EXAMINATION OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FLOOD INSURANCE RATE MAP (FIRM) FOR UNINCORPORATED AREAS OF FREDERICK COUNTY, VIRGINIA, COMMUNITY PANEL No. 510063 0075 B WITH AND EFFECTIVE DATE OF JULY 17, 1979; PORTIONS OF THE SUBJECT PROPERTY LIE WITHIN ZONE A (AREAS OF 100 YEAR FLOOD) AS SHOWN HEREON. THE REMAINDER OF THE PROPERTY LIES WITHIN ZONE C (AREAS OF MINIMAL FLOODING). THE FLOODPLAIN DELINEATED HEREON IS DIGITIZED FROM THE REFERENCE FIRM MAP AND IS APPROXIMATE ONLY. 5. MERIDIAN SHOWN HEREON IS BASED ON RE —DIVISION PLAT OF WHITE HALL BUSINESS PARK, RECORDED AT DB 750, PG 1810 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 6. THE PROPERTY SHOWN HEREON IS THE SUBJECT OF A REZONING APPLICATION (No. 004 95) APPROVED OCT. 11, 1995. SUBJECT PROPERTY CURRENT ZONING: B3 INDUSTRIAL TRANSITION DISTRICT § 165.83 DIMENSIONAL AND INTENSITY REQUIREMENTS A. THE FOLLOWING TABLE DESCRIBES THE DIMENSIONAL AND INTENSITY REQUIREMENTS FOR THE B3 DISTRICT: FRONT YARD SETBACK ON PRIMARY OR ARTERIAL HIGHWAYS (FEET) 50 FRONT YARD SETBACK ON COLLECTOR OR MINOR STREETS (FEET) 35 SIDE YARD SETBACKS (FEET) 15 REAR YARD SETBACKS (FEET) 15 FLOOR AREA TO LOT AREA RATIO (FAR) 1.0 MINIMUM LANDSCAPED AREA (PERCENTAGE OF LOT AREA) 25 MAXIMUM HEIGHT (FEET) 35 B.R.L.s/SETBACKS ARE SUBJECT TO CHANGE WITH THE CHANGING LOCATION OR REALIGNMENT OF RIGHT OF WAY LINES, PROPERTY LINES OR P.A.E.s. 7. THE EXISTING PRIVATE ACCESS EASEMENT SHOWN HEREON (RAINBOW LANE) IS PRIVATE AND ITS MAINTENANCE, INCLUDING SNOW REMOVAL IS NOT A PUBLIC RESPONSIBILITY. EXISTING OR PROPOSED DRIVEWAY OR ROAD IMPROVEMENTS WITHIN SAID EASEMENT WILL NOT BE MAINTAINED BY VDOT OR FREDERICK COUNTY. THE IMPROVEMENT AND MAINTENANCE OF SAID DRIVEWAY/ROAD SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF LOTS WHICH ARE PROVIDED WITH ACCESS VIA THE DRIVEWAY/ROAD. SAID DRIVEWAY/ROAD WILL NOT BE CONSIDERED FOR INCLUSION INTO THE STATE SECONDARY SYSTEM UNTIL THEY MEET THE APPLICABLE CONSTRUCTION STANDARDS OF THE VDOT. THE COST OF BRINGING SAID DRIVEWAY/ROAD TO ACCEPTABLE STANDARDS SHALL NOT BE BORNE BY VDOT NOR BY FREDERICK COUNTY. 8. THIS LOT CONSOLIDATION PLAT HAS BEEN PREPARED WITHOUT A CURRENT TITLE REPORT AND DOES NOT PURPORT TO REFLECT ALL EASEMENTS, ENCUMBRANCES OR OTHER CIRCUMSTANCES AFFECTING THE TITLE TO THIS PROPERTY. 9. EFFECTIVE JANUARY 31, 1997 THE FREDERICK COUNTY DEPARTMENT OF MAPPING HAS ASSIGNED THE TAX MAP PARCEL IDENTIFICATION NUMBER (P.I.N.) 33—((9))-1 TO NEW LOT 1, WHITE HALL FLYING J. LOT CONSOLIDATION PLAT H Or ALL THE PROPERTY OF: L j CFJ PROPERTIES f DEED BOOK 867, PAGE 670 CI DEED BOOK 867, PAGE 674 ANDALL C. M N E TO CREATE NEW CERTIFICATE NO. LOT 1 1731 WHITE HALL FLYING J l,p4 NEW P.I.N. 33-((9))-1 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Bowers 6. Associates, P.C. Revisions: Consulting Engineers • Survoyorn County comments 1/31/97 LondsccP- Architects 104-1 Church St., S-E., Laesbur®, Vc. 20175 (703) 777 - 0063 (metro) 475 - 8576 Date: January 31, 1997 Scale: AS NOTED Proj. No: 950907.02 Tech: CMH Drawn: LAA Fld: DC Chkd: CMH Sheet 3 of 5 Dwg. No. A-133 LOT LOT C I SET CUT "X" IN STONE DETAIL 1 N.T.S. 3 w 1 oLU z O 1.10' VDH. J MON. FOUND LOT 3 lol----L\ I 1.30' O z 0 0 DETAIL 2 N.T.S. DETAIL 3 DETAIL 4 N.T.S. N.T.S. LEGEND: IPS IRON PIPE SET NVPC NORTHERN VIRGINIA IPF IRON PIPE FOUND POWER COMPANY IRF IRON ROD FOUND VDOT VIRGINIA DEPARTMENT DB DEED BOOK OF TRANSPORTATION PB PLAT BOOK VDH VIRGINIA DEPARTMENT PG PAGE OF HIGHWAYS ESMT. EASEMENT OHE OVERHEAD ELECTRIC APPROX. APPROXIMATE P.A.E. PRIVATE ACCESS EASEMENT p POWER POLE MON. MONUMENT N.T.S. NOT TO SCALE N/F NOW OR FORMERLY EX. EXISTING TOT. TOTAL P.I.N. PARCEL IDENTIFICATION B.R.L. BUILDING RESTRICTION LINE NUMBER CENTERLINE LOT CONSOLIDATION PLAT Date: January 31, 1997 tiTH pF ALL THE PROPERTY OF: NOTED CFJ PROPERTIES Scale: AS r DEED BOOK 867, PAGE 670 Proj. No: 950907.02 DEED BOOK 867, PAGE 674 TO CREATE NEW Tech: CMH Drawn: LAA ANDALL C. Mc IRE NO. LOT 1 CERTIFICATE 1731 Fld: DC Chkd: CMH WHITE HALL FLYING J NEW Sheet 4 of 5 SURgV, STONEWALL DISTR)CT1 A-133 FREDERICK COUNTY, VIRGINIA Dwg. No. Bowers Q Associates, P.C. Revisions: 1/31/97 Consulting Englnei rs Surveyor" County comments LandecaP® Archltecte 104-1 Church St.. S.E., Leesburg, Va. 20175 (703) 777 — 0083 _ (metro) 478 — 8576 REST iFORMERC"U K1.11TE HA ROAD STA ROa� LL 7,0 RO U 3.8 M f BALL, VA Pe 3, PGTE 669 S 10'45'1 W tW W OTHERS S 7g•p8. M 34 ^^ ex. p�escri�> > PK N 375 ooj E SET NAr1 o �, (C15 eith ptive �/w AIL M V ��i o0 �aadSS/de W i ^ N N v) cc J r 1 O L'j PF 35 (n N m o ! Y-J S 79'14'47., E O pm ! I ,(�� m J5 B R L. 68.30' N;� 1. O .� 50 VD" Moti. IRF m ' ! ry �; FOUND SEE DETAIL 1 �SE3CUT .X,� V _!E L' LG f _ iPS 3 Y 35' B I C - R L SEE DETA 2 —� �L N a LOT ' 3 CIO . W 1 t 00 �j >: %_ Z s ^ ' ���r - Q o N O3 V00 —� 40!^ r o CON ^ Ce = / (" NEW LOT 1 r �I I WHITE HALL �j J CID J a p ? FLYING J Cr �odo �Z I - 25.0027 AC.``CIO cc NEW N Q 33 ((9))"1 �RF ?�EJo 3` LOT 2 v TOTAL CURVE 03'33'01 " c R = 14444.73' co LAj _ T = 447.65' L = 895.02' CB = S 21'31 07" W / CH = 894.91' 9�LOT 3 / CPZ)rr- NOTE: B.R.L.s SHOWN HEREON; BOG l�or ' 's a� / SEE NOTE 6, SHEET 3 FOR �� (see "C1e 4 °Cpiair, / ADDITIONAL INFORMATION. NCAN / l / � S RUN �n N 7 37„ GRAPHIC SCALE 8•p4. WL. soo o 100 200 .oc Ip,"✓ELF "s SEE DETA1 4 ( IN FEET ) 1 inch - 200 ft. LOT CONSOLIDATION PLAT Date: January 31, 1997 aLTH pF Gf ALL THE PROPERTY OP: CFJ PROPERTIES Scale: 1• = 200' Proj. No: 95C907.C2 f DEED BOOK 867, PAGE 670 DEED BOOK 867, PAGE 674 C _VC _ V TO CREATE NEW LOT 1 WHITE HALL FLYING J Tech: CMH Drawn: LAA Fld: DG Chkd: CMS f p�- NEW P.I.N. 33-((9))-1 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Sheet 5 of 5 Dwg. Na. A-133 Bowers Q Associates, P.C. co—.., t' -a s-r�•yo,w L-o-00c0p• n.c^'teats Revisions: County comments 1/31/97 104-1 Chyle" St.. S.E . -000au,Q. Va. Zp' 75 (703) 777 - 0063 c---0 -0 478 - 6576 ►u HARRIS, SMARIGA & ASSOCI, INC. Planning • Engineering • Sur ying 41 East All Saints Street FREDERICK, MARYLAND 21701 (301) 662-4488 FAX (301) 6/6,2-4906 i o WE ARE SENDING YOU 011114 Attached - Under separate cover via Shop drawings. Prints Plans Copy of letter Change order THESE ARE TRANSMITTED as checked below: For approval For your use As requested - For review and comment FOR BIDS DUE ^r_�.I.ARKS _ _ - RECEIVED BY ME4414 OCP UMa(M044Q1 DATr W 7 JOB NO �f/ ATTENTIO rtf — r � Approved as submitted Approved as noted Returned for corrections Samples Resubmit Submit _ Return the following items: Specifications copies for approval _ copies for distribution corrected prints 19 _ PRINTS RETURNED AFTER LOAN TO US 3456 s JUN 1997 - ,�' RECENE N UEPT. VEIOPMEHI ',' DATE ���jj COPY TO f P'% e V Lam/ C• DEG e SIGNED:' , If enclosures are not as noted, kindly notify us at once. HARRIS, SMARIGA & ASSO ES, INC. Planning • Engineering • rveying 41 East All Saints Street FREDERICK, MARYLAND 21701 (301) 662-4488 FAX (301) 662.4906 TO Z Z6po mod t-rsl WE ARE SENDING YOU ,Attached Under separate cover via ❑ Shop drawings $ Prints ❑ Plans Copy of letter ❑ Change order ❑ DATE Z z ! JOB NO. O S� ATTENTION RE: � - .�r ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ,21(For approval For your use As requested For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted Returned for corrections El ❑ Resubmit ❑ Submit ❑ Return -copies for approval copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US RECEIVED BY DATE / COPY TO �� 1�P • �I�- TSB- Olrt'�. Q w/l��• SIGNED: If enclosures are not as noted, kindly notify us at once. HARRIS, SMARIGA & ASSOCIAT&INC. Planning • Engineering • Sury g 41 East All Saints Street FREDERICK, MARYLAND 21701 (301) 662-4488 FAX (301) 662-4906 `j Frederick County Virginia Dept. of Public Works Engineering Department 107 N. Kent Street Winchester VA HAND DELIVERED WE ARE SENDING YOU XX Attached r l Under separate cover via _ Shop drawings XX Prints ❑ Plans Copy of letter Change order C 1 DATE May 23 1996 JOB NO. 6552-0-flyi ATTENTION Mr. Ed Strawsn der, County Engineer RE: Flying J Travel Plaza White Hall Business Park the following items: ❑ Samples Specifications COPIES DATE NO. DESCRIPTION 12 sets 1 Improvement Plans 1 Site Plan Application w Transmittal 1 Sediment and Erosion Control Narrative 1 Geotechnical Report 2 sets 1 Stormwater Management Computations 1 Check in the amount of $1 800 for site plan review THESE ARE TRANSMITTED as checked below: ❑ For approval ' Approved as submitted ❑ Resubmit copies for approval ❑ For your use C_; Approved as noted ❑ Submit copies for distribution ❑ As requested ('. Returned for corrections ❑ Return corrected prints For review and comment ❑ — ❑ FORBIDS DUE _ 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Architectural plans_are being forwarded under separate cover for coordination with the site improvement plans. RF[_EIVED my COPY TO Lafe Feller @ Weiser Architects _ SIGNED: Bill Brennan If enclosures are not as noted, kindly notify us at once. , COIv MONWEALTI-i of VIRQ1INI: DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP COMMISSIONER P 0 BOX 278 RESIDENT ENGINEER EDINBURG VA 22824.0278 TELE 15401 984 5600 FAX (540) 984.5607 August 4, 1997 Mr. William Brennan Ref: Whitehall Business Park / C/O Harris, Smariga & Associates, Inc. Flying "J" Travel Plaza 41 East All Saints Street Routes I-81 & 669 Frederick, MD 21701 Frederick County Dear Bill: We have determined the cost of signalizing the I-81 and Route 669 on/off ramps adjacent to the referenced project to be approximately $100,000. Therefore, as we have previously discussed with the owners, their share (1/2 of the cost to signalize one ramp location) will be $25,000. We will not require signalization as a condition of the initial land use permit. However, to ensure the developer's participation at a future date if signalization is necessary, the enclosed agreement (two copies) and surety bond will need to be executed and returned. The agreement is for a period of five years from the date the travel plaza is opened. In order to facilitate completion of the agreement and return of same to this office, the anticipated opening date of the facility may be used. Please forward this agreement to the appropriate officials with Flying "J" Corporation for their execution. The agreement will need to be in place prior to our issuance of a land use permit to cover the other right-of-way improvements. If you or the Flying "J" officials have any questions concerning the agreement or bond, please let me know. Sincerely, 6 �, 6 - 44- � Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/rf Enclosures xc: Mr. S. A. Melnikoff, Mr. Kris Tierney WE KEEP VIRGINIA MOVING COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreement for the Installation of Traffic Signal WHEREAS, Flying "J", Inc. is constructing a travel plaza in Frederick County on the south side of Route 661 between Interstate 81 and Route 670 WHEREAS, during the traffic and engineering review of plans for this travel plaza to determine what traffic control measures would be necessary it became apparent based on traffic generation values provided by Flying "J", Inc. several of the warrants contained in the Manual of Uniform Traffic Control Devices for consideration of fully actuated traffic signal control were met at the I-81 and Route 669 on/off ramps as shown on the site plan for the Flying "J" Travel Plaza, and WHEREAS, it is recognized traffic projections were used in determining that signalization might be required and actual traffic conditions might vary which may influence the need for a traffic signal for a travel plaza of this size, IT IS THEREFORE AGREED: 1. The Department of Transportation will not require the developer to have a traffic signal installed as a condition of the initial entrance permit. 2. The Department of Transportation will secure actual traffic counts after the travel plaza is open. If at that time or at any time for a period of five (5) years after the travel plaza is opened the Department determines a signal is warranted based on the traffic volumes, or if a signal is determined to be needed for any other reason, such as accident experience, during that five (5) year period, a signal shall be installed. In this event, 3. Flying "J", Inc. will pay for half (50%) of the design, materials and installation costs to provide a traffic signal at one on/off ramp as described above, the actual process of design and installation to be on an accounts receivable basis or under permit as may be agreed upon b Flying " " Inc. and the Department of Transportation at the Y �' p Y Y� g 1, P P time the need for a signal may be verified. 4. If the need for a traffic signal is verified, it will be designed and installed in accordance with Department of Transportation specifications and will become the property of the Department of Transportation upon completion. Agreement for the Installation of Traffic Signal - Page #2 - 5. Flying "J", Inc. will furnish a surety bond in the amount of $25,000.00 which is one half (50%) of the total estimated cost of a traffic signal at one on/off ramp, the bond to be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. Flying "J", Incorporated P. O. Box 678 Brigham City, UT 84302 (Signature) Title: Date: Virginia Department of Transportation P. O. Box 278 Edinburg, VA 22824 By: (Signature -Res. Engr.) Date: vqn Ltrov+w� a ��av Rev 9 1/1111 Rev 9!90 Land Use Permit Surety Bond BE IT KNOWN that we as Principal, and a corporation duly incorporated under the Laws of the State of as Surety, are held and firmly bound unto the Commonwealth of Virginia in the full and just sum of U.S. Dollars ($ }, to be paid to the said Commonwealth of Virginia to the payment whereof we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, sealed and dated this day of A. D. 19 WHEREAS, The said Principal hereunder has been or will be granted permit(s) authorizing one or more of the following activities: tz �xiltc�srs�fxf� 1#�'f�J�a`�?Q�'r ff�`f�`�fif?G�Y�}bKYtgxr�Clfiftf--x�SiiiKaci'6�aM - 2iK(�ft{�T3fA6}i i>3 (Explain below exact purposes) for which surety coverage is being obtained.) to cover 1/2 the cost to design and install traffic signalization at one on/off I1yin "J" Travel Center Project. TH E EFOR E, The conditions of this obligation are such that if the said Principal shall in all respects comply with the terms and conditions of said permit(s), and fully meet and perform obligations thereunder in accordance with requirements for permits as set forth in the Land Use Permit manual and Hauling Permit manual in effect at time of issuing permit, and shall satisfactorily complete the work permitted, and shall idemnify and save harmless the Commonwealth of Virginia against and from all loss, cost, expense damage or injury to highways and bridges and to persons and property lawfully on such highways, growing out of the granting of such permit(s) to said Principal, then this obligation be void, otherwise to be and remain in full force and virtue. NOW, THEREFORE, It is expressly understood that this Bond may be cancelled by the Surety at the expiration of sixty (60) days from the date which the Surety shall have lodged with the Commonwealth Transportation Commissioner or his designees written notice to so cancel. This provision, however, shall not operate to relieve, release or discharge the Surety from any liability already accrued, or which shall accrue, on permits issued before the expiration of the sixty-day period. Bonds securing performance on specified active permit(s) may be cancelled only upon satisfactory completion of permit(s), as determined by the Department Engineer. NOTE: Continuous Bonds cannot be cancelled unless facilities covered by the permit have been removed from the Right -of -Way, or the principal has arranged for replacement surety protection. ALL permit work covered under section (c) above shall be covered by Continuous Bond. Said principal and surety, being properly authorized, have caused these presents to be executed and their seals affixed the day and year first above written. By Surety Bond Number Attorney -In -Fact' (Seal) By Pnncipai Typed or Printed Name Address (Seal) For Office Use Only Permit No. Bond Account No. "POWER OF ATTORNEY AUTHORIZATION TO BE ATTACHED Bond Company No. Acknowledgement of Principal STATE OF COUNTY/TOWN/CITY OF I, the undersigned, a Notary Public in and for the County/Town/City aforesaid, in the State aforesaid, do certify that, bearing date on the — acknowledged the same. Given under my hand this My Commission expires: day of Notary Public STATE OF COUNTY/TOWN/CITY day of whose name as Principal is signed to the foregoing writing 19 , personally appeared before me and 19 Affidavit and Acknowledgement of Surety I, the undersigned, a Notary Public in and for the County/Town/City aforesaid, in the State aforesaid, do certify that (Surety Signee) personally appeared before me and made oath that he is (Title) of the (Name of Surety), that he is duly authorized to execute the foregoing bond by virtue of a certain power of attorney of said company; that said power of attorney has not been revoked; that the said company has complied with all the requirements of law regulating the admission of such companies to transact business in the State of Virginia; that the said company holds the certificate of the Commissioner of Insurance authorizing it to do business in the State of Virginia; that it has a paid -up cash capital of not less than $250,000; that the paid -up capital, plus the surplus and undivided profits of said company is $ ; that the penalty of the foregoing bond is not In excess of ten percentum of said sum; that the said company is not by said bond incurring in the aggregate, on behalf or on account of the principal names in said bond, a liability for an amount larger than one -tenth of Its paid -up capital, plus its surplus and undivided profits; that the said company is solvent and fully able to meet promptly all its obligations, and the said (Surety Signee) thereupon, in the name and on behalf of the said company, acknowledged the foregoing writing as its act and deed. Given under my hand this day of My Commission expires: Notary Public ,19 Original to be filed with the Virginia Department of Transportation. Request for Land Use Permit Surety Bond cancellation may be addressed to: Virginia Department of Transportation