Background

The Miller Farm north of Rockwool was purchased by the land development company Jefferson Orchards, Inc. around the time they sold part of the old Jefferson Orchards land to Rockwool. In 2021 Jefferson Orchards, Inc. applied to have the land rezoned from Rural to Residential Growth. Residential Growth allows urban level housing development. Jefferson Orchards, Inc. was granted the zoning change even through it did not align with the 2035 County Comprehensive Plan. The Jefferson County Planning Commission and County Commission did so because they found that due in part to the new road “Northport Avenue” that the applicant promised that the WVDOH would build to the site there had been a significant change to the community.

In May 2024, the applicant (Jefferson Orchards, Inc.) came back to the Planning Commission with a concept plan for a housing development—including 720 houses on 88.06 acres of lots, and tiny housing lots pushed right up against rural land where large livestock are kept and crop fields are planted. Frustratingly, when the applicant came back to the Planning Commission, they decided not to put in the road that had allowed the zoning change in the first place. The Planning Commission gave the applicant direction to continue to the preliminary plat stage and to meet with the adjoining land owners to address their concerns specifically with fencing to protect the adjoining land owners’ assets.

Now the owner, Jefferson Orchards, Inc., and the applicant, Lennar, have come back with the preliminary plat and there are deficiencies.

What is happening

The developers of Birdhill Meadows Subdivision have applied for approval of a Preliminary Plat.

Read the submitted Plat in the PDFs below (note: due to the large size, the entire PDF is broken up into sections to make it easier to read and download).

The Issues

The issues with the application:

The historic resource impact study included as required by 24.113 B. 10 is insufficient.
There is no Phase I Archeological Study included as required by 24.113 B. 10.
There are zoning issues (24.113 D.1.). When the property was rezoned, Jefferson Orchards, Inc. promised that a road would be extended through the development from Northport Avenue to alleviate traffic issues on 480. Now it is not building this road. The development should not be allowed without this road.
24.113. B.13. requires that applicants address the identified concerns from the Concept Plan. The Planning Commission directed the applicant to meet with the adjoining and confronting land owners regarding facing prior to submitting the preliminary plat. This was not done.
24.113 E. requires WVDOH approval prior to final Preliminary Plat approval by staff. No such approval may be found in the materials provided to the public.

The issues with the process:

The Planning Department staff are refusing to post a public copy of the preliminary plat documents online for the public to view. They are also refusing to print a full-size copy of plans for members of the public to view in the Planning Commission office. If you wish to see the Preliminary Plat, you must contact the Planning and Zoning office and request a link to download the document. If your internet is not sufficient to download the documents, Jenny Lynn from the planning commission said that you could come to the office of Planning and Zoning and look over her shoulder at the computer screen (literally). The Subdivision Regulations require 21 days legal notice to the public before the public hearing. How can the public have a meaningful right to be heard if they do not have the opportunity to review the information.

Stormwater issues:

The location and density of this development poses increased risk to groundwater quality. The very same water that is used untreated by all surrounding property owners in the county.

Why is there increased risk? (click to read the full detail)

This development is located in a karst area of the county with a high sinkhole rate and such high bedrock permeability that it there are no surface streams. Currently all water that falls to the ground on this property during normal rainfalls immediately infiltrates into the groundwater.

This development is designed at urban level density. This density is allowed by the zoning but this has real consequences for the water resources in the surrounding rural zone and beyond.

While this development is in the Residential Growth Zone, which allows urban level density, it is nearly completely surrounded by the rural zone. All the residences and businesses (except Rockwool) in the surrounding area rely on well water for all uses including drinking.

This juxtaposition of urban level housing with rural and village properties on wells poses a water quality issue for the surrounding well users. The urban density community creates more stormwater pollution because there are more sources of pollutants (cars, people, houses) per acre than in a less dense development. The stormwater from this development is expected to have increased levels of petroleum contamination for example.

In higher population areas stormwater is required to be treated before it is discharged to protect the downstream user of the water. This is what is required in area’s designated MS4 (Municipal Separate Storm Sewer System). This high density development should be treated the same to protect groundwater users.

Most MS4 discharge into surface waters like rivers and that water is treated again before it is used for drinking. However, here the water will infiltrate with little treatment (a few bioretention basins) into the groundwater, which will be used by all surrounding properties in the county untreated. So, it is even more necessary that the stormwater from this location be treated before it is allowed to infiltrate.

In this case, it is not clear if all of the water from the development is being treated and the treatment of the water is insufficiently especially for times of increased rainfall. It is also not clear if the stormwater structures are appropriately designed for this area of advanced karst terrain.

The Karst Mitigation Plan is insufficient. While the Karst mitigation plan has some good features that protect the houses that are being built, it fails to protect the groundwater quality long term. All of the mitigation that has been added is to prevent damage to homes being built not to protect Groundwater quality.

WVDEP Stormwater Construction Permit Comments Due

The West Virginia Department of Environmental Protection’s Division of Water and Waste Management is accepting public comments on LENNAR’s application for coverage under West Virginia’s Stormwater Construction General Permit (No. WV0115924). LENNAR’s registration number is WVR112829.

The public comments are due 5 p.m. on Thursday, May 1, 2025. Please use our letter below. It will go directly to the permit reviewer. If you want to send your own public comment, send it to:

Billy T. Shirley, permit reviewer, WV Department of Environmental Protection
billy.t.shirley@wv.gov

Note in the subject: Public Comment – APPLICATION FOR COVERAGE UNDER THE GENERAL WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WATER POLLUTION CONTROL PERMIT NO. WV0115924 – Jefferson County – Lennar

Tell the WVDEP:

The stormwater structures should be lined to prevent or at least slow the progression sinkholes in the stormwater structures.
All stormwater should be treated to remove entrained contaminants prior to it being allowed to infiltrate both during the time of construction and during the time of operation.
The plans should be clarified to ensure that all underground stormwater conveyance systems should be water tight (water tight junctions) such that contaminated stormwater cannot leak into groundwater untreated and to prevent sinkholes from forming in the development.
The Karst Mitigation Plan is insufficient:
- Needs to provide for required notification of the WVDEP if sinkholes are identified.
- Needs to address the potential for sinkhole development in stormwater structures.
- Needs to provide for treatment of water prior to infiltration.

Public Comment - APPLICATION FOR COVERAGE UNDER THE GENERAL WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WATER POLLUTION CONTROL PERMIT NO. WV0115924 - Jefferson County - Lennar

First Name

Last Name

Dear Mr. Shirley,

Please accept my comments on LENNAR’s application for coverage under West Virginia’s Stormwater Construction General Permit (No. WV0115924) – registration number WVR112829.

I am concerned the stormwater system for this development does not adequately protect groundwater quality and downstream properties from flooding.

Please do not approve this registration without modifications to address these issues.

•	Please require all stormwater structures to be lined with impervious liners to reduce the risk of sinkhole formation in these structures.
•	Please require that ALL stormwater be treated to remove contaminants prior to discharge or infiltration. This could be accomplished through a package treatment plant. 
•	Please require that the stormwater outfall be redesigned such that the stormwater is discharged as sheet flow and that discharge is completely contained on the property of the development so the discharge point can be monitored for sinkhole formation.

Thank you for accepting these comments on this registration application.

Sincerely,

[signature]

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How to take action on the Concept Plan

The Planning Commission has delayed the discussion of the Birdhill Meadows Subdivision plat. We will keep you posted as to when it will be rescheduled.

Birdhill Meadows Subdivision in Jefferson Orchards