HOME
  CNPOA
  DEEDS
  ROAD
  TALKBACK
  VENDORS
  PC PENNY
 

The road to success
is always under
construction.

~ Lily Tomlin







 

 
 
The further forward we go, the further back we have to explore in order to go forward again. ~ Stephen Gardiner
.

There are so many questions about the road that it seems a good idea to devote a separate section to it.  As I get information, it will be posted here.  I've had a few conversations with folks at Clarke County and VDOT that are posted below.  Newest info is at the top of the page.

If you have some road info that would be helpful to your neighbors, please email the information to me and I'll post it.  Thanks!
-----

     
The $75,000.00 question...  

VDOT Contacts:

bullet Garrett W. Moore
-....
-....
bullet VDOT Leadership
No email addresses are provided. The VDOT protocol appears to be firstname.lastname followed by @VDOT.Virginia.gov so I'm assuming any folks listed on the Leadership page can be emailed using this method.
-....
bullet VA Transportation Board

Gravel Road Resources:

bullet Maintaining Gravel Road Surfaces (pdf)
-....
-....
bullet Maintaining Your Gravel Road
-....
.
.
bullet Gravel Road Maint. (with video)
-....
.
bullet Layman's Guide to Access Road Construction
-....
-....

Clarke Co. Resources:

bullet Bd. Supervisors Millwood = J. Staelin
-....
-....
bullet Bd. Supervisors - Meeting Minutes
-....
.
.
bullet Supplementary Regs - Private Easements - July 2007
-....
-....
bullet Planning & Zoning
-
bullet Ordinances
-
bullet Mountain Land Plan
-....

PDF Files to download:

bullet Clarke Co. Subdiv. Ordinance
.
--
bullet Clarke Co. Zoning Ordinance

----
bullet CNPOA Articles of Incorporation
===
bullet CNPOA Certificate of Incorporation
===
bullet Virginia Nonstock Corporation Act
----
----
bullet Virginia Property Owners Assoc. Act
.
-....
bullet CNPOA Covenants
-
bullet CNPOA Bylaws
-
bullet CNPOA Rules & Regs
-
bullet Blue Yonder Covenants
.
-
bullet Calmes Neck Point Covenants
.
.
bullet HOA Self Assessment
.
-
bullet Clarke Co. Subdiv. Ordinance
.
-
bullet Clarke Co. Zoning Ordinance
 

Virginia Resources:

bullet VDOT Land Development
.
-
bullet VDOT's Subdivision Street Requirements
-....
-....

.
Sept. 24, 2007:  According to this Clarke County record (Plat Bk 6, P 60 - 62) the Point subdivision was approved on June 24, 2005.  I have been informed by a lot owner of one of the properties at the point that it appears the $75,000 was a check (not a bond) that Mr. Folds gave to VDOT to cover the cost of improving the 606/Calmes Neck Lane apron.  If this is correct, has this money been in the VDOT coffers for, at minimum, more than two years?

Where exactly is the $75,000.00?  If they received a check, I'm assuming VDOT has invested it and it seems logical to assume the additional earned interest would be applied to the cost of improving the 606/Calmes Neck Lane apron.  With the earned interest, what is the total amount of money available to complete the work?

Was it a check?  Was it a bond?

I agree that the two year delay in addressing this problem has resulted in increased costs.  Given that fact, in the interest of maximizing the use of the money they have for this project, shouldn't VDOT move forward to do this work ASAP?

With the goal of getting an "action date" on the record for improving the 606/Calmes Neck Lane apron, I'll be asking these questions of my elected officials and VDOT.
 


On Sept. 20, 2007, I spoke by phone with Bobby Boyce - VDOT Land Development Manager (540-743-6585) about the condition of the 606/Calmes Neck apron.  He was also very informative and helpful.  His explanation is as follows (I told him I would be sharing his comments with our entire community. I typed our conversation as we talked and have paraphrased his comments)...

The permit to upgrade the entrance to Calmes Neck Lane that was taken out by John Fold expired more than a year ago. VDOT has sent letters to Folds requesting him to complete the work and have never gotten a response. They also sent a return receipt letter to Mr. Folds that was never picked up.

Permission to subdivide the property at the point was conditioned on the work at the entrance to Calmes Neck Lane being done. This was required by Clarke County who asked VDOT to look at it before they granted Mr. Folds permission to subdivide.

Also at issue is an easement that Mr. Folds was supposed to obtain from the owner of the property at the corner of 606 and Calmes Neck Lane. When Mr. Folds applied for his permit, VDOT asked Mr. Fold's engineer to secure that easement. It was another six months before Mr. Fold's engineer came back in with the permit application - which did NOT have the needed easement. It appears the person at VDOT at that time was unaware of this requirement and granted the permit w/o the easement being included.

Why is the easement important?  VDOT needs that land to be able to lower 606, raise Calmes Neck Lane, grade the road, and resolve possible line of sight issues.

VDOT could take action to repair the road, but they feel the bond Mr. Fold's posted is no longer enough $$ to do the required work. They could bill him for the difference, but what leverage do they have, short of taking him to court. Can't put a lien on his property at the Calmes Neck Point - it's already been sold.

When I mentioned to Mr. Boyce that he'd probably already heard from a number of people about this, he told me I was actually the firs person to contact him about it.  Mr. Boyce also opined that he thought Clarke County should be pressing the issue with Mr. Folds.

I asked Mr. Boyce what can be done next to remedy this. He said he will try and get VDOT engineers out within the next couple of months to look at it.  I left my name and phone # with Mr. Boyce so that he can contact me.

My opinion:

Before any final was granted on Mr. Folds, subdivision, Clarke County should have come out to make sure the work on the entrance had been completed. If this is not County procedure - perhaps it should be.


On Sept. 19, 2007, I spoke by phone with  Scott Ambrose - Berryville VDOT office (540-955-1513) about the condition of the 606/Calmes Neck apron.  He was very informative and helpful.  His explanation is as follows (I told him I would be sharing his comments with our entire community. I typed our conversation as we talked and have paraphrased his comments)...

VDOT's responsibility is to maintain the road out to 15 feet from the center line of the road.  He said they went out a week or two ago to address the problem and that they "patched it out" with tar and stone - not gravel.  They applied 4 layers of liquid asphalt and stone.

He said they found the old apron under the stone and that, in his opinion, the problem is that people are driving too far to the right when they go onto 606 and are spinning in loose gravel and dirt in an area that has been expanded over the years to a location beyond the boundaries of the original road due to grading of Calmes Neck Lane.

Mr. Ambrose felt if we would do better if we could keep drivers from using the far right section.  He suggested placing a post in the road.  He said that Calmes Neck Lane definitely needs attention and is in need of repair.

I inquired about the missing STOP sign and he told me it is the responsibility of Calmes Neck to replace the sign as it is not a state maintained road.

I followed up with more calls to other people in VDOT concerning the Folds bond and how that ties in with the 606/Calmes Neck apron.  Certain folks were not available so I left my name, number and reason for calling.  I will post what I learn as soon as I hear back from VDOT.  If I don't hear from them today, I'll call daily until I get the information.

 

On Sept. 19, 2007, I emailed the following questions about the Calmes Neck Road to Chuck Johnston, Clarke County Planning Administrator and Jesse Russell, Clarke County Zoning Administrator.  I told him I would be sharing his comments with our entire community.  I received a very prompt reply from Jesse.  His answers to my questions (in black) are below (in red).
 
bullet 1)  Do the road improvements required for the 5 lot owners of the Folds subdivision at the point of Calmes Neck involve the 606/Calmes Neck apron only?  

#1 - yes.  Folds has paid a cash bond to VDOT for the work required.  It must be done before a 3rd building permit is issued.  If not, VDOT has the money and will do it themselves.
 
bullet 2)  What improvements must be done to the 606/Calmes Neck apron? 

#2- As I remember, Calmes Neck Lane is to be built up so as to reduce the grade, extend the apron radius and pave back approximately 18' from 606 edge of pavement.
 
bullet 3)  Does the new requirement that a parcel served by an unpaved, private access easement already serving 9 or more lots be improved to VDOT standards affect the 5 lots owners of the Folds subdivision at the point of Calmes Neck?  What are the requirements regarding the entire road and/or apron for any other single DUR vacant lots that are part of the Calmes Neck subdivision that have simply not been built on all these years?

#3 - The new ordinance only applies to newly created lots after the adoption of the Ordinance date.
 
bullet 4)  If an action is taken that would require the Calmes Neck Road to be brought up to VDOT standards, would that requirement affect the entire road from 606 all the way down to the point, or just from 606 to the property that was triggering the needed improvement (this assumes the property is not at the point).

#4 - See # 3 - lots of record do not require any additional improvements to the road.
 
bullet 5)  Is there any additional information we need to be aware of regarding the 606/Calmes Neck apron, Calmes Neck Road, or development of properties served by the Calmes Neck Road?

#5 - No.  But if you have additional questions please contact us.

 


Please email me and let me know any thoughts you may have.
--------------------------------------------------------------------------
Sometimes the road less traveled is less traveled for a reason. 
~ Jerry Seinfeld
 

Note: All external links from this site open a new window.

.
     

This site provides links to external websites solely for the convenience of users. While every effort is made to assure all external links are valid,
domains and/or content may have changed. I take no responsibility for a link's operation or content and do not exercise any editorial control
over them.  This is the personal website of Penny Hillman and should not in any manner be construed as a CNPOA Board or CNPOA
Association website. The accuracy of the information contain herein is not guaranteed and site visitors are urged to rely on original
documents only. As a site visitor, you are responsible for deciding what you believe and what you do not believe.
If you find something that you know to be in error, please let me know via email as soon as possible.

-----
 ©2007 Penny Hillman - all rights reserved. The material on this site is protected by US Copyright Laws and cannot be used without written consent.