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HomeMy WebLinkAboutP-0395 - No Fault Well Repair Fund Policy 06-04-2002-9a• POLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: 01/17/02 EFFECTIVE DATE: 01/17/02 NUMBER: P:0395 REVISIONS: 06/04/02 POLICY: NO FAULT WELL REPAIR FUND POLICY ORANGE COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION • • • BACKGROUND The No Fault Well Repair Fund (NFWRF) was established by Martin Marietta (d.b.a. American Stone Company or ASC) to provide for the repair or replacement of wells that fail and it is determined that the failure is not a probable result of the American Stone's quarry operations. The fund was established as a condition of a special use permit for the continued quarry activities and will expire in 2033 or 3 years after the quarry use is discontinued, whichever is sooner. The active quarry is in south central Orange County just to the north and west of the intersection of Highway 54 and Bethel-Hickory Grove Church Road. Wells serving properties that are within 3,000 feet of the perimeter of the quarry are eligible for this relief if and when they fail. The Orange County Health Department, Environmental Health Division (OCHD), will assist in the determination of well failures and in the development of strategies to repair, replace or renovate the failures. Other activities involving the quarry and claims against the quarry will be administered through other agencies and will not involve OCHD. Other funds established by the special use permit are not covered in this policy. WELL FAILURE Suspected well failures reported to the County will be referred to OCHD in a timely manner. The initial review of the complaint will be to determine if the failure is related to water quality or quantity. Once that initial determination is made, steps to evaluate the well and confirm or deny the failure will begin according to this policy. The evaluation will be made in accordance with field assessment, empirical laboratory results of water samples, technical expertise and professional judgment of the evaluators. • The evaluators will be OCHD staff, American Stone consultants and other experts as appropriate and as deemed necessary by OCHD. Public water supply wells are not covered by this policy and are not eligible for the NFWRF monies. American Stone Company will also have the initial responsibility, at their expense, to determine whether the well failure is a probable result of the quarry operation. If the determination is made that the well failure is a probable result of the operation, American Stone has complete and sole responsibility to repair or replace the well and the resident is not eligible for the NFWRF monies. The County or OCHD will not be involved with the negotiations when a well fails as a probable result of the quarry operation except to provide water sampling and technical expertise when requested. Well permits and inspections for replacement wells will be required and fees for those services will be paid out of the NFWRF, the resident, or American Stone as indicated by the findings or negotiations. Well failure will be defined in terms of problems with either quality or quantity. Following is a short description of what constitutes a well failure in both those categories and the procedures through which determination will be made in each category. Quantity: A well must be able to produce a minimum of 750 gallons per day or 100 gallons per permanent resident of the home, whichever is greater. The assessment of the well quantity will involve determining the total depth of the well, the total flow of the water zones in the well, the depth that the pump can effectively pump water, and any other factor that affects the quantity of water the well can produce. Quality: A well must produce water that meets the current or future primary drinking water standards of the US EPA or the State of North Carolina, or other standards established by the Orange County Board of Health deemed necessary to protect against long term or short term adverse health effects. Assessment of well water quality may include sampling, videotaping the well casing/bore-hole, or other actions necessary to determine the water quality from the well. The following findings do not constitute a well failure: An inoperable or insufficient pump serving the well (see section on pumps below) Inoperable or insufficient wiring or plumbing serving the well Water treatment systems installed prior to this policy that were improperly installed or maintained WELL FAILURE DETERMINATION PROCEDURES Quality: The homeowner or resident notifies the County of the problems they are experiencing with their well. The information given should be as specific and detailed as possible in regards to the problems they have and the history Of those problems. The Health Department will conduct bacteriological and inorganic chemical water samples. Other types of samples may be collected, depending on the specifics of the complaint. • • If the sample results indicate there is a well failure, the Health Department will notify ASC so their expert can visit the site to complete the probable result assessment. ASC's "qualified expert" visits the site and performs diagnostic procedures to evaluate whether the quality problems are a probable result Of the quarry OperatlOnS. The expert shall prepare a report of their findings for review and reference in further handling of the matters. If there is a determination that a well failure exists and is a probable result of the quarry operation, ASC is responsible for remediation of the situation. If the probable result determination is negative, the expert will refer the situation back to the County for renovation, repair, treatment system, or replacement through the NFWRF. Quantity: The homeowner or resident notifies the County of the problems they are experiencing with their well. The information given should be as specific and detailed as possible in regards to the problems they have and the history of those problems. The County will notify ASC AsC will have a "qualified expert" visit the site and perform diagnostic procedures to evaluate whether there is a defined well failure in terms of well water quantity. The expert shall prepare a report of their findings for review and reference in further handling Of the matters. If there is a determination that a well failure exists and is a probable result of the quarry operation, the well will be renovated, repaired or replaced by ASC. If the probable result determination is negative, the expert will refer the situation back to the County for renovation, repair, or replacement of the well by the NFWRF. REMEDIATION OF FAILURES Repair: Well repairs can be implemented for those situation involving known or discoverable flaws in the well construction. The repairs may involve the installation of a liner or sleeve in the existing casing; raising the wellhead above the finished grade; or deepening of the borehole. The use of a well repair strategy is usually limited, especially when the well is more than15-20 years old. Treatment: Treatment systems are indicated when they are the best solution for the well failure. Treatment systems may be the only remediation available for some well failure situations. Examples of treatment systems are whole-house filters, point of use filters, softeners, reverse osmosis units and neutralizers. Renovation: Renovation is generally indicated when there are certain types of non-pathogenic bacteria present in the well such as iron or sulfur bacteria. Over time, these b acteria cause an increase in undesirable qualities in the water and many times cause a slime to develop on the well walls or within the plumbing system that exacerbates the problem. The renovation process removes the slime and other buildup in the well and plumbing system through a chemical or mechanical C7 • ~J • • • process and eliminates or reduces the levels of nuisance constituents in the water. Replacement: Well replacement is indicated when the existing well is failing according definition established by this policy and the well cannot be renovated or repaired. Any new well may need a new pump, wiring and water line in order to be put into service. These items will be covered under the NFWRF. Limitations: Each remediation strategy will be allowed once for each eligible well and any long term maintenance costs associated with a strategy, if incurred, will be the responsibility of the well owner. The well owner will be required to sign a release for each strategy provided. There will be no guarantee from Orange County that any strategy will solve the problems with existing or replacement wells. PUMPS Pump replacement for wells that have not failed will be paid for from the NFWRF based on the following conditions: Based on an average well pump life of 15 years, the cost of the replacement will be inversely proportional to the age of the pump according to the following Chart: Well is: Percentage Paid Less than 1 ear old 100% 1-2 ears old 93% 2-3 ears old 87% 3-4 ears old 80% -5 ears old 73% 5-6 ears old 67% 6-7 ears old 60% 7-8 ears old 53% 8-9 ears old 47% 9-10 ears old 40% 10-11 ears old 33% 11-12 ears old 27% 12-13 ears old 20% 13-14 ears old 13% More than 14 ears old 7% Wiring and plumbing necessary to effect pump replacements will be paid for in the percentages listed above OTHER CONSIDERATIONS ~J Costs: The following costs will be paid for out of the NFWRF: Repair, treatment, renovation, or replacement of failing wells on properties within the affected zone Costs incurred in the evaluation and determination of whether a well failure exists, including sampling, permits and consultant fees Other costs as deemed necessary by the Health Director and approved by the County Manager Contractors: Contractors used by the County in the remediation of well failures shall be subject to the County's competitive bid process as administered by the County's Purchasing Department or other agency as appropriate. Discoveries: Any well failures or other associated problems determined to be the direct responsibility of ASC after the initial assessment will be referred back to ASC for remediation. If the County has spent funds from the NFWRF and such a discovery is made, ASC will be responsible for reimbursing the County for the amount spent. Educational Packets: The County should prepare an informational literature packet to be given to well owners as they apply for use of the NFWRF. The information should detail the processes involved in the use of the fund and what the applicant can expect as they proceed with a claim. EFFECTIVE DATE Remediation of failed wells pursuant to this policy may begin only after both the Orange County Board of Health and the Orange County Board of County Commissioners approve the policy. Residents that incurred costs relating to well failures prior to the approval of the two boards but after October 10, 2001, may seek reimbursement of those costs upon submittal of supporting documentation for the work. The work performed must have been otherwise consistent with this policy. APPEALS Appeals concerning the NFWRF fund will be heard by the Orange County Board of Health in a manner consistent with Board of Health policies and procedures. Adopted by the Orange County Board of Health on January 17, 2002. Amended by the Orange County Board of Health on April 25, 2002. Adopted by the Orange County Board of Commissioners on June 4, 2002. • • r • • • ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 4, 2002 Action Age da Item No. SUBJECT: No Fault Well Repair Fund Policy DEPARTMENT: Health PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Special Use Permit Excerpt No Fault Well Repair Fund Policy Process and Time Guidelines Application Form Sample Reports from ASC's Consultant Board of Health Hearing Procedures 4/7/02 Community Meeting Announcement Distributed by Empowerment Project 4/7/02 Meeting Attendance Sign-in List Signed Comments from Community Members Brochure Distributed by Empowerment Project 5/30/02 Planning Director Memorandum Clarifying Issues in Empowerment Project Brochure INFORMATION CONTACT: Rosemary Summers, ext 2411 Ron Holdway, ext. 2371 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider approving the policy for administering the No Fault Well Repair Fund. BACKGROUND: The Board of Commissions approved a special use permit for American Stone to continue operating the quarry off NC Highway 54 through 2030. As a condition of the special use permit, American Stone established a No Fault Well Repair Fund (NFWRF) for those residents whose property is within 3,000 feet of the perimeter of the quarry and who experience well failures not directly attributable to the quarry operation. The initial fund amount is $87,500 and can be augmented by $20,000 per year if needed to meet the claims of the residents within the defined zone. Well failures that area "probable result" of the quarry operation must be handled exclusively by American Stone at their expense. Staff attended two meetings regarding the NFWRF. The first included an American Stone representative and their consultants along with planning and environmental health staff. A second meeting included the County Manager and additional representatives from the County's Planning Department, Environmental Health, Budget Office, and Engineer's Office. As a result of these meetings, it was agreed that the health department staff would be the primary oversight agency for administering the fund. The points below are expanded in the attached policy statement. 2 The Orange County Health Department will be involved in the administration of the fund in the following areas: • • Determination of well failures • Determination of the best remedy once a failure is identified • Provide technical assistance and laboratory support to the residents throughout the process • Provide information to residents on appeals options for residents not satisfied with the process • Board of Health will hear any appeals of residents who are not satisfied with the recommendations made by staff The Purchasing and Central Services Department will secure and manage the contracts with certified well contractors for actual repairs or replacement once Environmental Health has authorized the repairs or replacement. This avoids a potential conflict of interest since Environmental Health regulates well construction. The Animal Control and Environmental Health Committee of the Board of Health and the full Board reviewed the draft policy at regular meetings in January, 2002. The Board of Health approved a motion to forward the No Fault Well Repair Fund Policy to the Board of Commissioners for consideration at that time. The Board of Commissioners, at its February 19 meeting, directed the staff to receive community input regarding the draft policy and procedures and bring the policy back to the Board for consideration. Ron Holdway and Rosemary Summers met with community members on April 7. There were about 30 community members present. The community members had many concerns about the quarry operation and asked for a period of time to review the written draft and to submit comments in writing. Staff made approximately 200 copies of the draft and delivered them to an agreed upon location in the community for residents to pickup. Residents also asked to have the policy and application available on the health department's website, and these documents were posted for public access. Information and materials are attached to this abstract which detail activities and concerns discussed at the April 7 meeting. A memorandum from Planning Director Craig Benedict is also included to clarify some points made in an Empowerment Project brochure that was distributed. The written comments that were received expressed two primary concerns about the No Fault Well Repair Fund. The first was that the policy have a provision for retroactive recovery for well repairs already completed during this period of policy development, and the second requested that well pumps be included in the items covered by the policy. The staff drafted revisions to address these items, and the Board of Health considered and subsequently recommended these revisions at its April meeting. The attached draft has those revisions underlined. Also attached are materials and examples of reports that would be utilized in administration of the policy. In addition, residents submitted a signed petition that outlines other concerns of the community. Craig Benedict, the County Planning Director, has indicated that he is planning a future meeting with the community to answer questions concerning other provisions in the Special Use Permit. FINANCIAL IMPACT: Costs incurred by the health department will be charged to the fund on the same basis as though there had been an individual homeowner request. For example, a • 3 Well Construction Permit Fee will be charged to the fund for replacement wells and lab costs incurred for testing well water will also be charged to the fund. RECOMMENDATION(S): The Manager recommends that the Board approve the No Fault Well Repair Fund Policy and authorize the Health Department to proceed with implementation, subject to County Attorney review. i • • • ~. 3a EXCERPT FROM AMERICAN STONE COMPANY/ORANGE WATER AND SEWER AUTHORITY CLASS A SPECIAL USE PERMIT (Filed on October 10, 2001, Orange County Register of Deeds, Book 2387, Page 333) • SPECIAL TERMS AND CONDITIONS 14. Orange County will establish and administer: (a) a No Fault Well Repair Fund (NFWRF) from which funds will be made available to residents within 3,000 feet of the perimeter of the quarry to repair or replace residential wells that fail for any reason other than as the probable result of American Stone Company's quarry operations. American Stone Company on its own will be responsible for the cost of repairing or replacing wells that fail as the probable result of its quarry operations, and such repairs or replacement will not be paid for from the NFWRF. For purposes of this pazagraph, a well failure is a "probable result" of quarry operations if a qualified expert determines that quarry operations aze the most likely cause of the failure. American Stone Company will deposit $87,500.00 into the NFWRF upon the issuance of this permit and for so long as it continues to mine on the permitted property, will add up to $20,000.00 annually to the fund if Orange County determines that additional funds aze necessary to provide for repairs of wells that fail for any reason other than as the probable result of American Stone's quarry operations. Residents within 3,000 feet of the perimeter of the quarry may file for well repazations until December 31, 2033 or until three years after termination of extraction operations on the property whichever first occurs. If there are any funds remaining in the NFWRF three years after the termination of extraction operations or December 31, 2033, whichever first occurs, the NFWRF will be terminated by Orange County and the money remaining in the NFWRF will be transferred into the County's general fund. ~J ' DRAFT a • NO FAULT WELL REPAIR FUND POLICY ORANGE COUNTY HEALTH DEPARTMENT • ENVIRONMENTAL HEALTH DIVISION BACKGROUND The No Fault Well Repair Fund (NFWRF) was established by Martin Marietta (d.b.a. American Stone Company or ASC) to provide for the repair or replacement of wells that fail and it is determined that the failure is not a probable result of the American Stone's quarry operations. The fund was established as a condition of a special use permit for the continued quarry activities and will expire in 2033 or 3 years after the quarry use is discontinued., whichever is sooner. The active quarry is in -south central Orange County just to the north and west of the intersection of Highway 54 and Bethel-Hickory Grove Church Road. Wells serving properties that are within 3,000 feet of the perimeter of the quarry are eligible for this relief if and when they fail. The Orange County Health Department, Environmental Health- Division (OCHD), will assist in the determination of well failures and in the development of strategies to repair, replace or renovate the failures. Other activities involving the quarry and claims against the quarry will be administered through other agencies and will not involve OCHD. Other funds established by the special use permit are not covered in this policy. WELL FAILURE Suspected well failures .reported to the County will be referred to OCHD in a timely manner. The initial review of the complaint will be to determine if the failure is related to water quality or quantity. Once that initial determination is made, steps to evaluate the well and confirm or deny the failure will begin according to this policy. The evaluation will be made in accordance with field assessment, empirical laboratory results of water samples, technical expertise and professional judgment of the evaluators. The evaluators will be OCHD staff, American Stone consultants and other experts as appropriate and as deemed necessary by OCHD. Public water supply wells are not covered by this policy and are not eligible for the NFWRF monies. • DRAFT 5 • ` American Stone Company will also have the initial responsibility, at their expense, to . determine whether the well failure is a probable result of the quarry operation. If the determination is made that the well failure is a probable result of the operation, i American Stone has complete and sole responsibility to repair or replace the well and the resident is not eligible for the NFWRF monies. The County or OCHD will not be involved with the negotiations when a well fails as a probable result of the quarry operation except to provide water sampling and technical expertise when requested. Well permits and inspections for replacement wells will be required and fees for those services will be paid out of the NFWRF, the resident, or American Stone as indicated by the findings or negotiations. Well failure will be defined in terms of problems with either quality or quantity. Following is a short description of what constitutes a well failure in both those categories and the procedures through which determination will be made in each category. uantit A well must be able to produce a minimum of 750 gallons per day or 100 gallons per permanent resident of the home, whichever is greater. The assessment of the well quantity will involve determining the total depth of the well, the total flow of the water zones in the well, the depth that the pump can effectively pump water, and any other factor that affects the quantity of water the well can produce. ualit A well must produce water that meets the current or future primary drinking water standards of the US EPA or the State of North Carolina, or other standards established by the Orange County Board of Health deemed necessary to protect against long term or short term adverse health effects. Assessment of well water quality may include sampling, videotaping the well casing/bore- hole, or other actions necessary to determine the water quality from the well. The following findings do not constitute a well failure: • An inoperable or insufficient pump serving the well (see section on pumps below • Inoperable or insufficient wiring or plumbing serving the well • Water treatment systems installed prior to this policy that were improperly • installed or maintained • DRAFT 6 WELL FAILURE DETERMINATION PROCEDURES ualit i 1. The homeowner or resident notifies the County of the problems they are experiencing with their well. The information given should be as specific and detailed as possible in regards to the problems they have and the history of those problems. 2. The Health Department will conduct bacteriological and inorganic chemical water samples. Other types of samples may be collected, depending on the specifics of the complaint. 3. If the sample results indicate there is a well failure, the Health Department will notify ASC so their expert can visit the site to complete the probable result assessment. 4. ASC's "qualified expert" visits the site and performs diagnostic procedures to evaluate whether the quality problems are a probable result of the quarry operations. 5. The expert shall prepare a report of their findings for review and reference in further handling of the matters. 6. If there is a determination that a well failure exists and is a probable result of the quarry operation, ASC is responsible for remediation of the situation. 7. If the probable result determination is negative, the expert will refer the situation back to the County for renovation, repair, treatment system, or replacement through the NFWRF. uantit 1. The .homeowner or resident notifies the County of the problems they are experiencing with their well. The information given should be as specific and detailed as possible in regards to the problems they have and the history of those problems. 2. The County will notify ASC 3. ASC will have a "qualified expert" visit the site and perform diagnostic procedures to evaluate whether there is a defined well failure in terms of well water quantity. 4. The expert shall prepare a report of their findings for review and reference in further handling of the matters. • DRAFT ~ • ' 5. If there is a determination that a well failure exists and is a probable result of the quarry operation, the well will be renovated, repaired or replaced by • ASC. 6. If the probable result determination is negative, the expert will refer the situation back to the County for renovation; repair, or replacement of the well by the NFWRF. REMEDIATION OF FAILURES Reaair: Well repairs can be implemented for those situation involving known or discoverable flaws in the well construction. The repairs may involve the installation of a liner or sleeve in the existing casing; raising the wellhead above the finished grade; or deepening of the borehole. The use of a well repair strategy is usually limited, especially when the well is more thanl 5-20 years old. Treatment: Treatment systems are indicated when they are the best solution for the well failure. Treatment systems may be the only remediation available for some well failure situations. Examples of treatment systems are whole-house filters, point of use filters, softeners, reverse osmosis units and neutralizers. Renovation: Renovation is generally indicated when there are certain types of non- pathogenic bacteria present in the well such as iron or sulfur bacteria. Over time, these bacteria cause an increase in undesirable qualities in the water and many times cause a slime to develop on the well walls or within the plumbing system that exacerbates the problem. The renovation process removes the slime and other buildup in the well and plumbing system through a chemical or mechanical process and eliminates or reduces the levels of nuisance constituents in the water. Replacement: Well replacement is indicated when the existing well is failing according definition established by this policy and the well cannot be renovated or DRAFT s repaired. Any new well may need a new pump, wiring and water line in order to S be put into service. These items will be covered under the NFWRF. Limitations: Each remediation strategy. will be allowed once for each eligible well and any long term maintenance costs associated with a strategy, if incurred, will be the responsibility of the well owner. The well owner will be required to sign a release for each strategy provided. There will be no guarantee from Orange County that any strategy will solve the problems with existing or replacement wells. PUMPS Pump replacement for wells that have not failed will be paid for from the NFWRF based on the following conditions: • Based on an average well pump life of 15 years, the cost of the replacement will be inversely proportional to the age of the pump according to the following chart: • • • Well is: Percentage Paid Less than 1 ear old 100% 1-2 ears old 93% 2-3 ears old 87% 3-4 ears old 80% 4-5 ears old 73% 5-6 ears old 67% 6-7 ears old 60% 7-8 ears old 53% 8-9 ears old 47% 9-10 ears old 40% 10-1 1 ears old 33% 1 1-12 ears old 27% 12-13 ears old 20% 13-14 ,ears old 13% DRAFT 9 More than 14 years 7°6 old • Wirina and nlumbina necessary to effect pump realacements will be paid for in the percentages listed above OTHER CONSIDERATIONS Costs: The following costs will be paid for out of the NFWRF: • Repair, treatment, renovation, or replacement of failing wells on properties within the affected zone • Costs incurred in the evaluation and determination of whether a well failure exists, including sampling, permits and consultant fees • Other costs as deemed necessary by the Health Director and approved by the County Manager Contractors: Contractors used by the County in the remediation of well failures shall be subject to the County's competitive bid process as administered by the County's Purchasing Department or other agency as appropriate. Discoveries: Any well failures or other associated problems determined to be the direct responsibility of ASC after the initial assessment will be referred back to ASC for remediation. If the County has spent funds from the NFWRF and such a discovery is made, ASC will be responsible for reimbursing the County for the amount spent. Educational Packets: The County should prepare an informational literature packet to be given to well owners as they apply for use of the NFWRF. The information should detail the processes involved in the use of the fund and what the applicant can expect as they proceed with a claim. • • t • • DRAFT i o EFFECTIVE DATE • Remediation of failed wells pursuant to this policy may begin only after both the Oranae County Board of Health and the Orange County Board of County Commissioners approve the policy Residents that incurred costs relating to well failures prior to the approval of the two boards but after October 10 2001 may seek reimbursement of those costs upon submittal of supporting documentation for the work. The work performed must have been otherwise consistent with this polices APPEALS Appeals concerning the NFWRF fund will be heard by the Orange County Board of Health in a manner consistent with Board of Health policies and procedures. Adopted by the Orange County Board of Hea/th on January 17, 1002. Amended by the Orange County Board of Hea/th on Ap~i/ 25 2002 • • t • ii PROCESS AND TIME GUIDELINES NO FAULT WELL REPAIR FUND REQUESTS AMERICAN STONE COMPANY QUARRY AREA A. Problems related to water quantity Process Steps Response Time Guidelines i. Request is received by Environmental Health Division (OCHD) N/A from residents or other a enc . ii. OCHD contacts American Stone and advises them of the Contact made within 2 business re uest and the nature of the re uest. da s of re uest. iii. American Stone consultant visits site, conducts a preliminary investigation, and determines whether a well problem exists and Consultant visits site within 10 if the problem is a "probable result" of the quarry activity. The business days of request. consultant re orts findin s to OCHD. iv. If the consultant finds that the problems area "probable result" N/A of the o eration, no further action is necess b OCHD v. Based on a finding and report from American Stone that there is OCHD confirms or denies the a well problem and it is not a probable result of the quarry well failure claim within 5 operation, OCHD staff will: business days of receipt of the a. Confirm a well failure exists; or American Stone consultant report b. Deny the well failure claim; or or recommends further study of c. Recommend further stud of the well the well. vi. For well failures that are not a probable result of the quarry operation, OCHD staff recommends: Strategy recommended and a. A remediation strategy - an authorized Orange County contractor is contacted within 10 representative contacts the appropriate contractor(s). (Go to business days of receipt of final step viii); or sample results or after results of b. Further study by a private consultant to determine the best further study are complete. remediation strate vii. Private consultant completes study and reports to OCHD (go Depends on consultant schedule back to vi-a. viii. Remediation strategy is effected Depends on contractor schedule Appeals shall be made within 30 days of the issuance of a denial based on the finding that no well ix. Appeals by the residents to the Board of Health failure exists or other finding unsatisfactory to the resident. Once made, appeals progress according to the Board of Health Polic on a eals. • C B. WATER QUALITY PROBLEM 12 Process Steps Response Time Guidelines i. Environmental Health Division (OCHD) receives request from resident directl or throu h another a enc . N/A ii. OCHD contacts American Stone and advises them of 'the request and the nature of the request. No action is required by Contact made within 2 business American Stone at this oint. days of request. iii. OCHD staff collects water samples for analysis at the State Laboratory of Public Health. Depending on the samples results, additional sampling may be necessary to fully assess the First samples collected by OCHD problem. [NOTE: The timing of water sample results is not within 10 business days of under control of OCHD or Orange County. Results of most request. sam les are returned within 2-3 weeks . iv. Based on the water sample results, OCHD staff will: OCHD confirms or denies well a. Confirm a well failure exists; or failure claim within 5 business b. Deny the well failure claim; or days of receipt of the final sample c. Recommend further study of the well results. OCHD also notifies American Stone within the 5 OCDH notifies American Stone if a well failure exists. business day period once a well failure is confirmed. v. American Stone consultant visits site and determines whether the well failure is a "probable result" of the quarry activity and Consultant visits site within 10 re orts findin s to OCHD. business days of request. vi. If the consultant fords that the failure is a "probable result" of the o eration, no further action is necess b OCHD. N/A vii. For well failures that are not a probable result of the quarry operation, OCHD staff recommends: Strategy recommended and a. A remediation strategy - an authorized Orange County contractor is contacted within 10 representative contacts the appropriate contractor(s). (Go to business days of receipt of final step ix); or sample results or after results of b. Further study by a private consultant to determine the best further study are complete. remediation strate viii. Private consultant completes study and reports to OCHD (Go back to st vii.-a. Depends on consultant schedule ix. Remediation strategy is effected Depends on contractor schedule Appeals shall be made within 30 days of the issuance of a claim denial based on the fording that x. Appeals by the residents to the Board of Health no well failure exists or other finding unsatisfactory to the resident. Once made, appeals progress according to the Board of Health Polic on a eals. 13 NO FAULT WELL REPAIR FUND APPLICATION APPLICANT INFORMATION: Owner: Address: City/ St/Zip: Phone: Directions To Property: OCHD USE ONLY: TMBL: DATE RECEIVED: DATE ASC NOTIFIED: RS: DESCRIPTION OF PROBLEMS: 1. When did the problems begin (if known): 2. Water Quality (please describe any problems with taste, stains, cloudiness, etc.): 3. Water Quantity (please describe any problems such as loss of pressure, well i running dry, etc.): 4. Is there any type of treatment system for the well water (filters, softeners, etc.): YES NO If yes, what type of treatment: WELL INFORMATION: Please give any of the following information that you know. Leave the space blank if you do not know the information: 1. Well Depth: Ft. 2. Casing Depth: Ft. 3. Amount of Water: Gallons per Minute (GPM) • 14 4. Year Drilled: 5. Driller: • • I authorize the Orange County Health Department staff or other consultants/contractors designated by Orange County to enter my property to determine if a well failure exists. I understand the determination can involve water samples, pump tests or other procedures necessary to fully evaluate the well and water supply system. OWNER: • • • • DATE: ~"~9P~ ~~ ~a~ C r~u,~ ?~~ Cot --~' ~~ 5 Martin Marietta Materials ~~ P.O. Box 30013 Raleigh, NC 27622-0013 Telephone: (919) 781-4550 February 5, 2002 Mr. Craig Benedict, Director Orange County Department of Planning and Inspections 306F Revere Road Hillsborough, NC 27278 Subject: We1lInvestigations Special Use Permit -American Stone Company Dear Mr. Benedict: In accordance with Condition #14 in the above referenced permit, a qualified expert has researched the condition of two wells that were reported to your office as "dry". American Stone Company contracted with The Water Specialists to conduct this work. The two wells are located at the following addresses: Mitchell Hines 1034 Hwy.. 54 West Chapel Hi11, NC 27516 Roy Belon 1325 Broadwell Road Chapel Hill, NC 27516 • • • The attached reports cover the results of the investigations. Each well contained numerous mechanical problems as outlined. Each well also yielded an adequate supply of water. I am including a copy of The Water Specialists hand written report as well as a typed version. As mentioned in both reports, American Stone Company has no connection to the problems found at each well. American Stone Company considers this matter closed with respect to these two wells and our responsibility as outlined by Condition # 14. Please let me know if you need any additional information on this matter. Sincerely, W4 Steve Whitt, P.E. Manager, Environmental Services CC: Ron Holdway, Environmental Health Bill Allgood, American Stone Company • • • y }i • • • • • • 16 THE WATER SPECIALIST, INC. bOS CORNERSTONE CT. HILLSBOROUGH, NC 27278 919-929-1557/919-732-1578 PAGE # 1 OF 1 DATE--• 01/31/02 EMPLOYEE-- TYLER INVOICE #-- 19029 COST. CODE-- MARTI- - SOLD TO-- JOB-- MARTIN MARIETTA ATTN: STEVE WHITT PO BOX 30013 RALEIGH,~NC 27622-0013 COMPLAINT ISSUED BY HIMES 12-07-01 FOR MITCHELL HIMES 1034 HWY 54 W. CHAPEL HILL, NC 27516 FINDINGS: PJO WELL TAG; WELL SEAL NOT TO CODE NO ELECTRICAL GROUND WIRING NOT Ti? CCDE; WILL YEILO AT 5.5 GPM; PUMP YEILDING 14+ GPM; NO INDICATIONS OF "DRY" WELL FOUND;NO DISCERNABLE CONNECTION WITH AMERICAN STONE QUARRY FOUND, RECOMMENDATIONS: REPLACEMENT OF PUMA SYSTEM BRINGING WELL HEAD, PUMP AND WRING, ETC. TO CODE AhdD PROPEP,LY SIZING PUMP FOR WELL INFOW, DEPTH ETG. INVOICE TOTAL DUE UPON RECEIPT ~*** PLEASE INCLUDE YOUR INVOICE NUMBER **** X450.00 ~~: •~ ~ , ++, i Tf~ '.1.~-~ e ~-~ cu ~s~.- ~-O C ; ~~ ~`~/~~~~ : me /- S f v3Y ~w, ~"y c ~ ~~ ~zn~,in~ S o N o ~ QQ.Q ~ a a ~ W 21 l ea J rt o~"' ~ Co ~ ~ o~~2C~rICo. r (j r o v Tr1 ~ 1.~..J i lr u h yv~'}- ~ C d C~ ~ 5 e ~u y 1 - f- ~o ~e ~ h~reae.~~ ~nS o~ ~ r c.~~ y ~~ ~~ ~.-,~ ~J Ivd CI, i SG e r na ~ I ~ Co n n e ~i ~ c~I ~ 7 h i~~. S7` ~e via r 2 Co wi m ~ -t-o ~ r C' VL ~u`I-~cM S R eplgc e me r,'T o~ ~ U 5~ S'~C? Y+'\ b r i e ; n w e~ h e~, ~~ l 5 ~ ~ ~ i ,~i ' ~ ~. a 11 ~ ~' ~ Z) n Q' I V ~o w 5 ~P ~ et(, c -i ~~ ~! • • ReSp~nse ~po~-~-~ fc~~ll 11 i1?6gg/0pp1pp pp ~ gg15 : 32 pp 9944h1ART I N t"IAR I ETTA ~ 97321643 _ Np , B57 111~111~28817~10:~~ ~191~35443882 Nortberi ~~. CTV..PL1~d~IhiSNG PAGE X82 1~ • • .t~.x~erfc~azt Starve t~u~ar~c~~pl, a~fntr~ SECTION 1~ Gr~~11'ERAL INEpYtM,~~ staf~'Me~obar Taking complavaa: ~' y: h .Math ~£eancal t~~ Prapszty Ovvnac/C~p1 ' t „~„ elepbaae Numbs: ,.,4 ~-~~ . Tenant: ekphome lWttshbr: prapexty Street Address: •~ `' Co~on}~lsint: ` - - ~TI(~1~T 2; PR,CI~'Lr~T.TI:IA~,,,,~,~,S Is grapacty toeaYOCt wisbiu 3,040 feat of the quarry ditctrict bo (~.~Bi---a iY0 t~+• ens ~£ ICES, a spy of thjts faro, sha11. be seat't4 A,SC by eith~zz: i I+' r+eporL~ 2) CERI3 MAII~ (1ce+ap teaeipt) 3) II11 AER80N ~:~ ane) DACE complaint rafeA'ad to Americas Stone Campsu~-: 1~~~ Qa ~, Wba, at ASC, was the wxaplxiat tefert+ed to: ay.~ ~eatGS~ ~~~harna: ~b&~~1__~ ! __ DATE the ASC report retsa~ned; If ceanplaiut is resolved by A&C, completa tlse Rr~aludon o!'Connplaint ssotian bcla~w, If ASG report failtiure mot sup tp a result of quauY apezatioa~s DR the anbj tct propacty is over 3,000 feet ftaoa the quarry district bdnmdatlt, then a copy of romplsint farm a~+d, iu~ applicable, ASC report shall ba sent vo Bnvirvnm~eatal ~eatth, • • ?ATE complaint formfASC report referred to Bnvixonmaaatsl 8ttillth; G~opy of eeamplaimt fama amd ASC rspo~ct seat by: 1) FA~i 2} II~T PSItSl3N ~O ~ ~~II'atauCet81 ~~~ 'Duns the C4II1,p~At t~Qtr+ed tA: - DA'~'l~ that cernpla~iat resolution wes rcoeived Pram Eavira~ncntal YYesalth: R~SOL„oN +~F coNfPLanV"I': • 19 THE WATER SPECIALIST, INC. 603 CORNERSTONE CT. ~'_T.LL~"BOROUGH, NC 27278 919-929-1557/919-732-1578 PAGE # 1 OF 1 EMPLOYEE-- TYLER SOLD TO-- MARTIN MARIETTA ATTN~ STEVE WHIT? PO BOX 30013 RALEIGH, NC 27622-0013 DATE--~ 01/31/02 INVOICE #-- 19031 CUST. CODE-- MARTI- - JOB-- COMPLAINT FOR BECTON • • 11-30-01 FOR ROY BELION 1325 BROADWELL RD. CHAPEL HILL, NC 27516 919 967.4995 FI'raDIPJGS= WELL 8ELOW SURFACE/NOT TO CCDE; WELL VENT MISSIhJG--S!!3JECT TO CONTAMINATION; STATIC WATER LEVEL 3b'; BEGAN PUMPING AT 13 GPM AFTER 75 MIhIUTES WELL DELIVERED 5.25 GPM; IRON CONTENT WAS 10+ PPM AT THE END OF THE TEST; WELL. DIRTY AND HAS HIGH IRON CONTENT; NO DISCERNABLE CAUSE AND EFFECT WLl"H AMERICAN STONE FOUND ORIGINAL WELL TAG INFO- INFLOW 3GPM-185' DEEP; PUMP OUTPUT SUCH THAT OVERPUMPING CAN OCCUR, NO INDICATION OF "DRY" WELL FOUND RECOMMENDATIONS 1) REPAIRS TO EXISTING WELL- RAISE WELL MEAD; CLEAN WELL; LINE WELL; REPLACE PUMP 2)~REPLACE~WELL~~NEW~WELL~~NEW~PUMP~,___..________________________.._______.._..__ INVOICE TOTAL X450.00 DUE UPON RECEIPT . ~*** PLEASE INCLUDE YOUR INVOICE NUMBER **~=~ • • • • • • • 20 ~ _ ~Q~~ ~~ I ~--©W~, ~ ~c~c~YeSS 4 ~' / . a ~~ /C V eS'1" ~ cr ~ ~--1 Pia ~~ ~ e i ~~ . (3 a 5 ~ roQdwC'~ ~ ~~ , C~~ . rvC ~/-30-0 ~ I . W Q 1'1 e a ~ ~ e ~ d uV S tJY-~a CC' i'1 a~ ~f- d ~a ~ a, Weld Ve-,n~ YniSS>~ Sv~J ec~ ~O. _1 5 C~~ a w~ i r>a~ i ~ ~. Q e~ a n Q.~ m p; n Q-}-- i 3 C~ ~ S 5, ~~-o -e ~ ~ ,r-rn t n ~-e v e ~ ~' S• ash r'1 pp ~ p ~ ~/ J m ; rlu-~c 5 q-t-eel. ~ • ~ - ,r ~-•~. CcN,.-}-e h~ ~ G S to ~-~ m C ~n~e n~. . ~.• ~a ~~SCe.rr~a(~le. Cavse aa~ ~ c~ W ~~'~ r-~?q 17 ~ r i ~~Q, ~~o n C' o ~t~f ~O ~ ~ n i "l ~ ~ r l~ i ra I w e ~ l. Y~e~ d ~~ m~oe Ci S 3~~m // 1 ~ ~~y ~ q rJ O ~' C v r ~ 9U 0 t .. L1/j Cci _ 7` i !~-- ..--~]~ -- f~ / ;, . .. ;., . ~ 21 ;. ,. ~2Com wtie~ ci, i~ 5 ° ...-_. ._ . ~ ~.~_ ~e pg~ r_s -~-a_----- e-~c.-i s-~ ~ n_ w ~ - ~---1-- ._ .. _ ...... _. ~:: _._... _.- _ ..____----- ~ ! .....~ l ~e a n .. _..-._ cN~ j - _-_-_- ---_---_ -._. _..__.Q-.r .._ _L.i_h~~..-_----~.,e ~-~- -- ---- ---__ ..-- ----_-_ ;. .a i ~ ~~a ~ ~e ~ ~:{ ,: _~ __ ... ~ ~ .._ ~'V e. ~_ _ iC ~. - - --- - ... - . .-- --- ---_ .__._.. . ,~ ~~' ....-~.r-- -_-.-...... _ .__. .-- ---....._._.. .__ _,..-.._. -___. _..-_ i ~~ T1------ ~-- -- ----------- ---------- ! ~~i j;l Z1; ~~i lil _ __ i~~ . ,~, ;, u i • American Stone Quarry Complaint Form SECTION 1: GENERAL INFORMATION Staff Member Taking Complaint: By:. ele ho Mail Referral (circle one) TMBL: ~, ~IZA .. left PIN: roperty wne omplainant Property Street Address: DATE: ~ ~ 0 ~ Tele hone Numbe . p _ w~~o~~ 1 l 1 ~ X:~.~ Telephone Number: ~~ ~{ L~~- - ~~~~ Is property located within 3,000 feet of the quarry district boundar YES NO (circle one If YES, a copy of this form shall be sent to ASC by either: ~~~ tach report} 2) CERTIFIED MAIL (keep receipt) 3) IN PERSON (circle one) DATE complaint referred to American Stone Company: ~ \ ~~~ ~ DO 1 Who, at ASC, was the complaint referred to: a v~ R~~ Phone: ~ ~~ DATE the ASC report returned: If complaint is resolved by ASC, complete the Resolution of Complaint section below. If ASC report states failure not due to a result of quarry operations OR the subject property is over 3,000 feet from the quarry district boundary, then a copy of complaint form and, if applicable, ASC report shall be sent to Environmental Health. DATE complaint form/ASC report referred to Environmental Health: Copy of complaint form and ASC report sent by: 1) FAX 2) IN PERSON Who in Environmental Health was the complaint referred to: DATE that complaint resolution was received from Environmental Health: RESOLUTION OF COMPLAINT: • • 22 SECTION 2: PROCEDURAL STEPS 23 ORANGE COUNTY BOARD OF HEALTH • HEARING PROCEDURE FOR APPEALS NO FAULT WELL REPAIR FUND • NOTE: The following procedure is used by the Orange County Board of Health in matters regarding the Health Department staff decisions in the administration of the No Fault Well Repair Fund. It should be read and understood by the aggrieved party before proceeding with the hearing. STEP 1 -The aggrieved party files a formal appeal in writing to the Board through the Orange County Health Director. The appeal should be specific as to the reasons for the appeal. STEP 2 -The hearing is scheduled by the Health Director or the Health Director's representative before asub-committee of the Board (i.e., hearing officers). STEP 3 -The hearing: The entire hearing will be electronically recorded and the recording will later be transcribed. During the hearing, the following will be the sequence of actions: • Introductions of all parties. • Presentation by the aggrieved party as to why they believe the Division staff s interpretation(s) and action(s) are in error. • Presentation by Environmental Health Division staff explaining or defending the actions of the Division. • Question .and answer period for all involved parties. • Closure of the formal hearing. STEP 4 - A preliminary transcript of the hearing will made available to the aggrieved party, the Board hearing officers, and the Division staff for corrections and clarification. All parties should make corrections and return them to the Division for the final transcript preparation. STEP. 5 -The final transcript will be sent to all parties present at the hearing and to the full Board of Health. The hearing officers may also make further comments or recommendations to the full Board. STEP 6 -The appeal will be on the agenda for action at the next full Board of Health meeting after the transcript is finalized. STEP 7 -Once the Board takes action to uphold, deny or modify the staff decision, it will issue a written decision to the appellant. • Attention: Quarry Neighbors! . 1'he Director of Environmental Health and other Orange County representatives have agreed to come to our neighborhood to respond to our concerns, register our complaints, and edam the compensation process for well & structural damage related to quarry operations. 24 Community Meeting will be held at: Snipes Farm Retreat (at the very end of Jo Mac Road) Sunday, April 7 3 p.m. until 5 p.m. Discussion will focus on the No-Fault Well Repair Fund. All quarry-related concerns, however, will be heard. Please take the time to fill out this survey so that your concerns can be properly addressed. Number the items below, in order from Most Important (1) to Least Important. (Only number the items which concern you.) Bring this to your Road Captain by Easter (March 31st). Noise: continual noise of rock crusher, - blasts, trucks _ Air; dust particles • • Diesel fumes New quarry hours (lam-7pm, " Monday through Saturday) Increased traffic Kudzu crossing the road when it is - relocated Radon The Petrochemicals from old asphalt plant leeching into soil and water Water quality _ Ground vibrations from explosions . Foundation damage Well and pump damage . Road relocation; dangerous traffic patterns Other: If you have any questions, please contact your Road Captain: 25 Name: Address: Day Phone: Evening Phone: Email: How long have you lived in your home? Please circle: I am willing to speak at the meeting regarding any concerns about the quarry. YES NO I would like to be contacted about future meetings. YES NO I would like someone to call me about volunteering with the grassroots effort supporting our community's welfaze? YES NO Please check box if appropriate: I have not received and now need up-to-date and clearly stated information on policy issues that effect me as a resident living neaz the American Stone Quarry. •• Name t• •• Work Phone Home Phone Address I can help out (yes/no) t d `t ~' 33C~ ~~(. KJ. ~~ ~~z- 3 z ,5 w '~ %~a,r~.`.~ l 5 ~_4 ~ ~ 9 9 y /Z Q/ ~AYU. ~ 4 ,~~( GLa ~,a/ 1~'~/ ~^D S'~~Q E °~~2-~3~`~ ~3'S- o'TCo'3 Clvo~- Go.£~.+~.-Sa ~.~ ~ , / ,,,~ ~~ D ~ ~ ~~ r ~ / ~~ ~ / ' ~` -vim. O / • `iC f,l ~ gG7-~ 3 ~ ~~/ ~ i~- ~R ~ r iZT ~- 1 tr.~. i ~ V-~ i ~ t.r ~ ~60"'~~r~ ~a i 13 0 O ~ i ~Aw w~itrt 14~t ~I ~~i~ ~iI/ . ~ +,_ ~ ~ ~- I 3 qZ~•3~~ N = , ~+w~.l ;IL 1751b Name Work Phone Home Phone Address 1 can help out (~no) ~ Yc ~t ~~r z SY3 2 ~i2ti-3~~i ~ loi/ )o ~'ls~. ~~ ~ ~~1~ -~. _S~ . ~~~ / ,~ lc,,, g L ? -1 ! t .1, 9c a Cirha ~,J ~Q ~-%t<~' 273 r.~ ' ~ e C' ~/ L- 0 - ~ /a~ ~l- G i~- L G 'mss ~~-~~b(~~5~~ oz ~. 1b ~~~ L e.~.e Ce Wes i ~ .,~ ~ 3 2 - q b 5 ~ q 3 ~ 3 !"ix.ir oaks Q~ , o2~F 51 h N v r7"u~El orb Pc~~~. y ~1- if 7~ ~.ob g ~e ~c ~ ~~ ~~ ~ •• Name •• Work Phone Home Phone Address ltsw I can help out (yes/no) • l~ 00 (lao ~ 9r 3~aa asxs 5 ~ ~i ~ l~~ ~ ~a ~~y~~ (9~i ~Zr~tq i~ ~,/ a L~~ ~~o ~ ' /~ij~-c C~r-~nc-~-- ~ ~ L ~i/G 2~S l (o {'~s~ ~~~ 4 ~~ . N _ .~ •• APR-23-2002 02:02 PM EMPOWERMENT. PROJECT To: Orange County Health Department Envirotuneatal Hea-!th Division 30d-C kevcra road Hillsborough, NC 2?2?8 n: the No Fault Wall Repair Fund Policy drs~t We, the undersigned residents living sear the American Stone quarry, submit these comments under et. The over~W health and welfare of our eommuoity is at risk due to American Stone harry oporations. Our primary conccros arc water quality and well failures, structural damage to our homes, relentless noise pollution, and potentially hazardous levels of silicate matter in the air as well as radon paisonin~, carcrnogenie petrochemical sedge from a former asphalt plant, and problems relating to dangerous levels of truck ttnttic. The possible Consequences of the proposed relocation of Bcthel- Hickory Greve Church Road to acconclodate OWASA and the Quarry's proposed plans arc also of serious +eoncern to many. In a spirit of cooperation that wi11 hopefully bring relief to poo already suffering well problems in our area, we, aside~from comments submitted to Board of Health indivrdualSy, collectively suggest the following: that retroactive compensation be paid to those residents who incurrod well damage that rtorrnally world have been covered by the No Fault Well Repair Fund but had already undertaken tho financial burden of repairing thar damaged wells prior to the approval of the administrative policy that the policy address a significantly glister replenishment of the fund an that the fund accounts for inflation and ~quately compensates far increases in damages as intensified blasting begins with the quarry's expar>ssion that the laagnage of the policy more clearly indicate that pump failures rosuiting firm well-related problems (such as siltbuild-np, etc.) arc also cov+cred by the fluid • • ame Mailing Address Phone Number ~'' ~'t'~- ~ ~42'~ Sa~l~~ ~~~C-7.~~t`~C9t~ 4b~~31~'3 '~~e~.t. ~laa ~o ~.- ~ Gl~~ l~.~<< ~~ a~s-it q6~~~y 2/~~ ~~ ' ~~~~ ~~ ~ ~~/~ a:-z,~ . ,~,...~ z/.?l Q~ rn.~ ~.ot.. [;~~t~,~, ~, 7(c.~9s~iG J'1o Y G 9/I 6 9199671953 P. 01 _, ~ • • APR-23-2002 02:03 PM EMPOWERMENT. PROJECT 9199671963 ~_~~ _ 30 • gS~x-I Sn~PQS ~-w'rr RBI - Ghape I !~i II ltl.C.L7S/ ~~ - a~~6 8o~,c.~ ~ -- C~~ !-~ i l 1. N - c . a ~ ri ~ • • • • 02:49 PM EMPOWERMENT. PROJECT 9199671963 To: Orange County Health De~artinent Fxrvironmental Hea1W Aivlsion 306-C Rcvero Road Hillsborough, NC 27278 re; the No Fault Well Repair Fund Policy draft We, the undersigned l+esidents living near the Americurn Stowe quarry, submit these comments under st. The overall health and welfare of our community is at risk due to American Stowe tarry operations. dur primary concerns are water quality and well failures, structural damage to ow homes, r+eleetlesa noise pollution, and potentially hazardous levels of silicate matter in the sir as well as radon poisoain~, carcinogenic petrochemical aepage from a former asphalt plate, and problems relating to danYemus levels of truck traffic. Thd possible consequences of the proposed relocation of Bethel- Hlckory Grove Church Road to accomodate OWASA and the Quarry's proposed plans are also of serious concern to many. In a spirit of cooperation that will hopefully bring relief to people already suffering well problems in our area, we, aside from comments submitted to the Board of Health individually, collectively suggest the following: that retroactive compensation be paid to those residents who incun+ed well damage that normally would have been covered by the No Fault Well Repair Fund but had already undertaken the financial burden of repairing their damaged wells prior to the approval of the administtative policy that the policy address a significantly greater roplenishment of the fund so that the fund accounts for inflation acrd adequately corttpensates for increases in damages as intensified blasting begins with the guarry s expansion that the language of the policy more clearly indicate that pump failures resulting from well-related problems (such as silt build-up, etc.) are also covered by the fund N Mailing Address ~aoo vo.~f-ac~c~, z zr~ ~sfl~ ~Dr_ ~•+~. 25/6 Phone Number 31 Y~q-q~-r-~ a z ~ 9~9ar~ • • • • • • • i According to t~S'~cial Use. Permit... . Quarry hours of operation may be extended to 7:00 am - 7:00 pm, Monday through Saturday. No Fault Well Repair Fund (only residents within 3,000 feet of the quany) For the repair or replacement of residential wells that fail (for any reason besides quany) American Stone Company will deposit: ~ $87,500 into the NFWRF plus ~ additional $20,000 annually as the county sees fit, until 2033. OWASA deposits: ~ $15,000 annually into separate fund for. • well repairs • community health • "safety and welfare purposes" -not limited to 3000 ft. County commissioners and OWASA decide- howfunds are administered. Pre-blast survey of house and well -ASC-selected consultant- documents condition with photos. (Only those within 3000ft) Must be completed by October 2003!! ASC will keep a directory of those within the 3000-feet re- questingnotification of when they plan to blast. ASC will notify you of planned blasts by telephone at /east 24 hours before blasting. Two seismographs installed that residents may use to monitor blasts. Residents may also inspect and copy blast reports. FYI: Blasts are limited to 125 dB and its noise operations to 60 dB, if you're checking... Baffling equipment to reduce noise must be installed by October 2003 (by ASC). •• Truck spray bar and rumble strips must be installed by ASC. Truckers must wet uncovered loads before leaving site. NC law prohibits a vehicle driven on a highway unless it is constructed or loaded to prevent the load from es- caping (and is considered truck driver's responsibility.) Within 3000 feet and owned the house since 1978? If the fair market value of your house goes down as a result of quarry operations, you may seek compensation from OWASA. A compensation process outlined in the permit. The closing!of the existing Bethel- Hickory Grove Church Road will not happen until road relocation is completed and approved. Plus: -~OWASA Forum to speak with Board -ASC preferential hiring of residents -ASC-sponsored °Neighbor Day" w N NOTES: For a complete copy of the resolution and Special Use Permit, contact: Clerk of the Board of County Commissioners (919) 245-2126 Some Details from the •• Report well problems to: American Stone Quarry (919) 929-7131. If you do not get a response within a reasonable timeframe, please contact:. Ron Holdway Orange County Health Dept. Environmental Health Division (919) 245-2360 Empowerment Project 2007 Jo Mac Road Chapel Hill, NC 27516 (919) 967-1963 email: project2@mindspring.com www.empowermentpro ject.org •• Special Use Permit (re: American Stone Quarry's Expansion) • w w • • Memo r« John M. Link, Jr., County Manager Board of County Commissioners Front Craig N. Benedict, AICP, Planning Director ~ae~ Thursday, May 30, 2002 R« American Stone Company The American Stone Company (ASC) and OWASA have a Speaal Use Permit (SUP) that regulates the operation of the quarry. The SUP is a recorded (October 10, 2001,) document that was adopted by the Board of County Commissioners after twelve (12) years of project review and mediation, which sets forth fifty-one (51) conditions related to the quany/reservoir project. The attached brochure from the Empowerment Project notes some of the conditions (which are cross-referenced to the actual SUP) by the numbers adjacent to the brochure boxes. The subject brochure reasonably abridges the actual text of the specific germane sections of the SUP which is attached. On April 5, 2002, Orange County Planning & Inspection's staff wrote a letter (see attached) to Chris Rivera of the Empowerment Project, offering to meet with the community (and American Stone Company (ASC) or OWASA if necessary) to discuss implementation and specific party responsibilities of the SUP. 34 - - Attachment 1 -Empowerment Project Brochure Attachment 2 -Sections of the SUP • Attachment 3 - 45-02 Planning & Inspections letter to Empowerment Project • G~sie~Msc4053002MLGtoJLrAmaSto~ce N8TE5: EOr o Y'~~~l~LC vV~L3 Y^ l ~C resolution and Special Use Pern:lt, contact: Clerk of the Board of County Comntlssioners (919j 245-2126 Report well probien~s ta: American Stone Quarry (919j 929-7134. If you do not get a rasponse within a reasonable timeframe, pisses conts:ct: Roe Holdyray Orange ~oenty Health Dept. Environmental irleaith Division t9'l9j 245-2360 Empowerment P%jecl 2007 Jo Mac itoad Chapei i•Jiii, HC 27016 (919j 9fi7-1963 email; projec#Z~nindsprtng.com www.empowermentpro~ect.org 3 N N m m N N Some ~etai~s from the 3 Special Use Pern~i# D ire: At~ner~can Stone m Quarry's Expansian~ 3 ATTACHMENT 1 w v+ P,, ~~.. •• •• •• • Accordin to t~S cial Use P r 9 e rrrrt. , . . Quarry !hours of operation Wray be extended to 7;00 am - y:00 prn, ,,,,. Monday througih Satrcrday. Fault Well Repair Fund (only residents wifhin 3,000 feet of the quarry) For the repair or replacement of residential wells that fail Dior any reason 6esldes quarry) American Stone Company will deposit: ~ $87,500 into the IVFVVRF plus -~ additional $20,QOD annually as the county sees fit, until 2033. deposits: ~ $7 5,040 annuatiy into separate fund for. • well repairs • community health • "safety and welfare purFoses" -not limited to 3000 ft. County commissio~ters and OYVASA tiecide- haw funds are administered. Pre-blast stirvey of house .and vial! -ASC-selected consultan#- documents condition with photos. Only #hase within 3000ft) Mus# be completed by (~ October 20431! ASC will keep a directory of those withie the 3000-fee# re- gtrestfng notification of wih #hey plan to blast. `~ ASC will notify you of plan blasts by telephone at feast 24 hairrs before fr !astir q. Two seismogra`pTli~installed that residents may use to monitor blasts. Residents may also inspect and copy blast reports. FYI: Blasts are limited to '(25 de and its noise s to 60 dB, if you're checking.._ 2~ ~: Baffling equipment to reduce noise must be Installed byQC zo03 (~y Asc~. / .~ ~r 3 Truck s~iray~ ar a ruble strips N must be installed by ASC. 7`ruckers must ~, wet uncovered Toads before leaving site. N NC law prohibits a vehicle driven on a ~ hi0hway unless it is constructed or ~ .loaded to prevent the Toad fTam es- . Gaping fan d is considered truck 3 driver's responsirbllity.) I Wi#hi n 3000 feet and ovine t use since 1978? ~G'~ If the fair market value o ouse goes down as a result of quarry oiaerations, you may seek compensation from ©WASA. A compensation process outlined in the permit. The closing ~f the existing 8et~het- HickoryGrove Cfiurch Road wail no#-- happen unfit road relocation is completed and approved. ~.z Plus: ~~ 301NASA Forum to speak wifh Boa -t-ASC preferential hiring of resident 3 y ASC-sponsored'Nei®hbor 1?ey''f W ATTACHMENT 1 -c P~ ~ ~~ ~~.:u~.w -~ ~ ~cc-:2387 r~;_~_ 330 .. ~ ~ DRAFTED BY: Robert P. Davis, Orange County Planning ~ 3 GE F iZ ~ ~ ~ ~~- ~ :L~ i COUNTY OF ORANGE NORTH CAROLINA SPECIAL USE PERMIT, CLASS A FOR r11L'! 7!^LE P.P1 SfiEET SEE BOGK~~~ PAGE ~1 ~.., KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned, American Stone Company, P.O. Box 30013, 2700 Wycliff Road, Raleigh, NC 27622 and Orange Water and Sewer Authority (herein "OWASA"), P.O. Box 366, 400 Jones. Ferry Road, Carrboro, NC 27510 having applied to Orange County for a Planned Development and Special Use Permit, Class A for the use and development of the property hereinafter described, the same was granted by Orange County on April 3, 2001, the terms of which are as follows: NAME OF PROJECT: American Stone Company and Orange Water and Sewer Authority for the purpose of Extraction of Earth Products /Reservoir until, at the latest, December 31, 2030 and OWASA for the purpose of conversion and use of the facility as a reservoir at the termination of quarrying operations. TYPE OF SPECIAL USE: Special Use Permit, Class A and Planned Development NAME OF PROPERTY OWNERS: Orange Water and Sewer Authority and American Stone Company DESCRIPTION OF PREMISES LOCATION: North side of NC 54 on both sides of the intersection of Bethel Hickory Grove Church Road (SR 1104). TAX MAP REFERENCE: Bingham Township, Parcel Identification Numbers, 9759-54-4097, 9759-63-9813, 9759-62-1992 and part of 9759-44-2780 DESCRIPTION OF PROPERTY: All of the property described in the following legal description: ATTACHMENT 2 BEGINNING at an iron in the northern right of way of N.C. Highway 54, the southeastern corner of Tract 2 according to the survey described below; thence, North 6° 22' S9" Nest 626.73 feet to an iron pin; thence, North 12° 53' S8" East 1,685.11 feet to an iron pin: thence, North 12 ° 53' S8" East 514.65 feet to.a point, thence,l~`orth 56° 52' 22" East 455.66 feet to a point; thence, South 37° 55' 43" East 217.19 feet to a point; thence, South 86° 54' 44" East 1,650 feet to an iron pin; thence, South 26 ° 43' 18" East 688.92 feet to a point; thence, South 26 ° 43' 18" East 33.18 feet to an iron pin; thence, South 27° 23' 47" East 806.56 feet to a point; thence, South 42° 52' 37" West 88.54 feet; thence, South 41 ° 56' 42" West 104.49 feet to a point; thence, South 41 ° 50' S8" West 93.26 feet to a point; thence, South 54 ° 22' S 7" West 165.19 feet to a point; thence, South 65 ° 41' 23" West 22.92 feet to a point; thence, South 65 ° 26' S4" West 135.50 feet to a point; thence, South 25 ° SS' 28" East 106.63 feet to a point; thence, South 25 ° 52' 17" East 152.55 feet to a point; thence, South 26° 44' 00" East 195.97 feet to a point; thence, South 5 ° 17' 35" East 175.99 feet to a point; thence, South 7 ° 16' S0" East 159.20 feet to a point; thence, South 21 ° 40' 36" West 148.28 feet to a point; 37 ' S L l S i~ L' ~Z`~-~j~ ~ti L • • • r-1 LJ • ~, . ~ ~ ~ ~ec~.2387~-:,: ~ 331 . r:i. thence, South 14 ° 52' 6" East 11 ] .84 feet to a point; thence, South 18 ° 27' 16" 38 West 188.17 feet to a point; thence, South 48° 23' 38" West 276.69 feet to point; • ~ thence, South 17° 42' 29" West 81.89 feet to a point; thence, North 81° 41' 32" West 1420 feet to a point; thence, North 04° OS' 40" West 326.67 feet to a point; thence, North 80° 24' S2" West 687.70 feet to a point; thence, North 80° 24' S2" West 74.23 feet a point; thence, South 51 ° 24' 29" West 460.23 feet to a concrete monument point; thence along the arc of a curve having a radius of 5752.32 feet a - length of 185.32 feet, a delta of O1° 50' 45", a chord of 185.31 feet and a chord bearing of North 83° 09' 44" West to the point and place of beginning and being Tracts 1, 2, 4 and 6 and part of the existing rigTit of way of SR 1104 as described in the Plat entitled "Orange County Conservation Easement OWASA Water Storage Quarry Properties" prepared by Freehold Land Surveys, Inc. dated August 28, 2001 and revised September 20, 2001, which plat is recorded at Plat Book ~, Page ~, Orange County Registry. SPECIAL TERMS AND CONDITIONS The Board of Commissioners of Orange County approved granting a Class A Special Use Permit and Planned Development on April 3, 2001 applicable to the property. The property subject to the Special Use Permit is described above and shown on the site plan drawings #2, 4, 5, 9-13 dated September 20, 2000 by Steven S. Whitt, NC Professional Engineer and landscape drawing # 15 dated December 5, 2000. The property, owned by Orange Water and Sewer Authority and American Stone Company, is approved for a quarry to be used by American Stone Company until December 31, 2030 at the latest. After the termination of the quarrying operations Orange Water and Sewer Authority will convert the site into a water reservoir. The terms herein contained are binding on the present owners and lessees and their successors in title and in interest until such time as the project herein described or the conditions herein are otherwise • changed by government action. The quarrying and reservoir operations shall be carried out or constructed in accordance with the Site Plans and all commitments contained in the narrative statement of the project all of which are incorporated herein and made a part of this Special Use Permit. Copies of the site plans and supporting documentation are on file in the Orange County Planning and Inspections Department. Except as detailed on the Site Plan, the property will remain and be maintained in its natural condition. The conditions of approval are as follows: 1. In addition to the two existing observation water wells shown on the site plan, American Stone shall construct a third observation water well on TM 7.1 ] 2..31A to monitor the effect of the quarrying operation on the local water table. The minimum depth of the observation wells will be at least 25 feet below the lowest level of the pit. Mean sea level elevation shall be determined at the wells, and water levels shall be measured weekly in relation to mean sea level. The results of the measurements shall be sent annually to the Planning Department by the last day of February each year. OWASA will analyze the quality of the water from the well on TM 7.112..31A upon the request of any adjacent property owner. 2. Applicants shall not use the access easement to SR 1103 (Jo-Mac Road) described in the • deed to the TM 6.28..8A for removal of overburden or access for trucks to the extraction site. 3. No extraction shall take place within 300' of a residence or public land. If a residence is . built within 300' of the extraction site, a fence shall be constructed on that edge of the site by American Stone Company or OWASA. a~C~~2387 -; c: 332 4. Stockpiles and overburden piles shall be at least 200' from all streams on the site, except where protected by approved catch basins. This shall not apply to stabilized, seeded berms or berms under construction. The maximum height of the stockpiles referenced on site plan drawing #2 shall not exceed forty (40) feet maximum.. 5. The hours of operation of the pit and processing plant will,:not exceed the time from 7:00 am - 7:00 pm Monday through Saturday. 6. The stream bed and banks of the channeled portions of Phil's Creek and the areas around the settling ponds shall be stabilized. The applicant shall have a continuing program of fertilization and maintenance on areas adjacent to the streambed of Phil's Creek and around the settling pond. 7. Applicants shall maintain a 50-foot buffer between the excavation pit and Phil's Creek. The 50-foot buffer shall remain in a natural state to be maintained by American Stone Company. 8. A water wagon shall be operated at the site as needed to keep dust leaving the site to a minimum. 9. One year prior to the end of the extraction process, American Stone Company shall notify Orange County in writing of its intention to cease mining. The County shall tour the site to determine what areas that need further preparation for the closing of the site. Of particular concern on this inspection will be: (i) That the settling ponds are fully stabilized and the spillway is in good condition. (ii) That overburden and spoil piles have been completely graded and sloped to prevent slippage and erosion. (iii) That the slopes are stabilized and seeded to Orange County standards. (iv) That the site be adequately prepared for conversion to a reservoir 10. The applicants will notify Orange County in writing of the expected final date of operations. Orange County will not release the rehabilitation bond until operations have ceased and all areas that have been disturbed, graded, sloped, etc. have been stabilized to Orange County standards. 11. A rehabilitation bond guarantee shall be posted with Orange County in a form acceptable to the County Attorney in an amount equal to the cost of rehabilitation as certified by a registered engineer employed by American Stone Company, less the amount required by the State of North Carolina pursuant to the North Carolina Mining Act. 12. No blasting or stone processing east of the current location of SR 1104 shall take place within 500' of any property line of property not owned or leased by OWASA or American Stone Company. 13. All quarrying operations shall cease no later than December 31, 2030 at 12:00 noon. 14. Orange County will establish and administer: 39 • • • • • • ~;;~.2387 ::,_: 333 40 (a) a No Fault Well Repair Fund (NFWRF) from which funds will be made available to residents within 3,000 feet of the perimeter of the quarry to repair or replace residential • wells that fail for any reason other than as the probable result of American Stone Company's quarry operations. American Stone Company on its own will be responsible for the cost of repairing or replacing wells that fail as the probable result of its quarry operations, and such repairs or replacement will not be paid for from the NFWRF. For purposes of this paragraph, a well failure is a "probable result" of quarry operations if a qualified expert determines that quarry operations are the most likely cause of the failure. American Stone Company will deposit $87,500:00 into the NFWRF upon the issuance of this permit and for so long as it continues to mine on tie permitted property, will add up to $20,000.00 annually to the fund if Orange County determines that additional funds aze necessary to provide for repairs of wells that fail for any reason other than as the probable result of American Stone's quarry operations. Residents within 3,000 feet of the perimeter of the quarry may file for. well reparations until December 31, 2033 or until three years after termination of extraction operations on the property whichever first occurs. If there are any funds remaining in the NFWRF three years after the termination of extraction operations or December 31, 2033, whichever first occurs, the NFWRF will be terminated by Orange County and the money remaining in the NFWRF will be transferred into the County's general fund. (b) another fund which will be used primarily as another source of funding to provide no fault well repairs. Orange County may also use this fund to pay for community health, safety and welfare purposes, related to quarry operations and impacts, determined to be appropriate by the Orange County Board of Commissioners in consultation with the Board of Directors of OWASA. Community health, safety and welfare purposes for which money from this fund may be appropriated by Orange County are not limited to purposes within 3,000 feet of the perimeter of the quarry. OWASA will deposit $15,000. annually to this fund until the year ending December 31, 2030 or until the year in which extraction operations on the property terminate whichever first occurs. If there are any funds remaining in this fund three years after the termination of extraction operations or December 31, 2033, whichever first occurs, this fund will be terminated by Orange County and the money remaining in the fund will be transferred into the County's general fund. 15. Within two years of the issuance of this permit any property owner within a 3,000 foot radius of the property encumbered by this permit may request American Stone Company to conduct a pre-blast survey of structures on his or her property. An outside consultant selected and paid for by American Stone with expertise in this field will perform the survey for the purpose of documenting with photographs and other means the condition of the structure at the time of the survey. The expert will provide a copy of the survey to the homeowner. American Stone Company will, acting in good faith, accept responsibility for any damage alleged to have occurred after the pre-blast survey where the pre-blast survey and blasting data as determined by an expert indicate a probability but not a certainty that the damage was caused by the activities of American Stone Company. 16. American Stone Company will maintain a notification directory of all neighbors living within . a 3,000 foot radius of the perimeter of the permitted property who request notification prior to blasts. American Stone will attempt to notify each neighbor requesting notification of planned blasts by telephone at the number provided by the neighbor at least 24 hours prior to the blast. pc~~2387 ~ ~L~ 334 17. Within two years of the issuance of this pern~it American Stone Company shall complete 41 the. installation of baffling equipment in accordance with the guidelines and in general conformance with the National Stone Association's Community Noise Manual for the • purpose of reducing plant noise. 18. American Stone Company shall continue its current "stemming" practices that were • implemented in 1997. This change represents an increase by 10% over prior levels of the amount of "stemming material" used on the top two benches of the existing and expanded quarry pit. 19. American Stone Company shall construct a 20' high berm, landscaped with grass and trees as recommended in the National Stone Association's Community Noise Manual, between the pit and relocated SRl 104 as shown on the submitted Plans for the purpose of reducing noise in the buffer area surrounding the edge of the quarry. In all instances, the berm adjacent to the mine shall be expanded ahead of the mine expansion. 20. Prior to commencing blasting operations on the east side of the current location of SR 1104 and in all events no later than three years from the date the issuance of this permit, American Stone Company shall begin to enclose equipment used in the secondary portion of the plant operations including the crushing and screening towers following the guidelines and in general conformance with the National Stone Association's Community Noise Manual and shall complete the enclosures within four years from the date the permits are issued. 21. Within seven years of issuance of this permit, American Stone Company shall relocate the primary crusher and related equipment to the pit. 22. American Stone Company shall request that the following conditions also be made conditions of its amended mining permit: (a) American Stone Company shall use the most current, generally accepted blasting techniques available and will inform the County Manager, or designee, before changing blasting techniques. (b) American Stone Company shall adhere to the following limits to be measured by seismograph at the nearest property line of property under control of American Stone Company during the mining process; (i) Air blast limit of 125 decibels. (ii) Maximum peak particle velocity of 0.6 inches per second, provided that American Stone Company will strive for a maximum peak particle velocity limit of 0.5 inches. per second. (c) American Stone Company shall limit its continuous noise operations (plant processing including the jaw crusher) at the boundary of the property encumbered by the original special use permit and at the boundary of the property added to this modified • special use permit to 60 decibels. 23. American Stone Company shall limit blasting charges to a maximum of 325 pounds per . delay, and at least 80% of its blasts will be less than 300 pounds per delay. . ' ~ ~~~~:2387 t ~:~: 335 24. American Stone Company shall take all reasonable precautions to prevent fly rock from leaving its property. • 25. When blastin east of the current location of SR 1104 American Stone Com an shall g ~ P Y • monitor each blast with two seismographs. One seismograph shall be located at the nearest off site occupied structure as required by American Stone Company's North Carolina Mining Permit. The second seismograph shall be located at the nearest property line. 26. American Stone Company shall encourage all truck operators leaving the premises to be mindful of lawful weight and safety of load practices, inuiuding the use of covers when required by law. 27. American Stone Company will install a truck spray bar and rumble strips, and will require all loaded trucks leaving the site to pass over the rumble strips, and will require all truck operators with uncovered loads to wet their loads before leaving the site. 28.American Stone Company will post and maintain a notice in a prominent position visible to all truck operators leaving the site encouraging them to keep their loads covered and advising them that N. C. Gen. Stat.§ 20-116(g) prohibits a vehicle from being driven on any highway unless the vehicle is constructed or loaded so as to prevent any of its load from dropping, sifting, leaking or otherwise escaping from the vehicle. 29. American Stone Company and OWASA agree to compensate the owners of property within a radius of 3,000 feet of the perimeter of the property encumbered by this permit for the loss of fair market value of their property, if any, resulting from quarry operation according to the following guidelines: • (a) The property owner making the request must have continuously owned the property in question since January 1, 1978. If the loss of fair market value is for a structure, it must have been constructed prior to January 1, 1978. (b) The property owner must have closed a sale of the property or a loan secured by the property within thirty days prior to the date the owner makes a request under this section and the owner must have made a good faith effort to obtain the maximum sale price or appraised value in the case of a loan. (c) Property owners may make use of this provision only one time for any single property. (d) The procedure for seeking compensation shall be as follows: (i) The property owner shall notify OWASA in writing of the request. (ii) OWASA and American Stone Company shall engage an MAI Appraiser (Member of the American Institute of Realtors) from North Carolina who has not been used by American Stone Company, Martin Marietta Materials, Inc. or OWASA as of the date of the issuance of this special use permit for the purpose of analyzing the sale or loan to determine whether the presence of the American Stone quarry adversely impacted the contract price or the appraised value of the • property in the case of a loan. American Stone Company and OWASA shall each bear one-half of the cost of the appraisal. American Stone Company and 42 ~ecr2387 ~;~._ 336 :~ OWASA shall attempt to have the appraisal completed within sixty days of the submission of the request by the property owner. (iii) American Stone Company and OWASA shall provide the property owner with a copy of the appraisal as soon as it is submitted. If the owner is not satisfied with the results of the appraisal, the owner may have his or her own MAI appraisal performed at his or her expense. (iv) If the owner, OWASA and American Stone Company are not able to resolve the dispute upon receipt of the first or second appraisal, the two appraisers will select a third MAI Appraiser to perform an analysis, and the three appraisers shall seek to quantify any decrease in the fair market value of the property resulting from quarry operations, if any. OWASA and American Stone Company shall pay one half of the cost of he third appraiser and the property owner shall pay the balance. (v) If the three appraisers report a decrease in fair market value resulting from quarry operations, American Stone Company and OWASA shall each pay the property owner one half of the decrease in fair market value within thirty days of the receipt of the report from the three appraisers. (vi) Upon receipt of payment of American Stone Company and OWASA, the property owner shall convey to American Stone Company and OWASA a release and easement in full and final settlement for any and all alleged diminution in value to the property resulting from quarry operations which will be binding upon the property owner and his or her heirs, successors and assigns. 30. American Stone Company will monitor air blasts and peak particle velocities with seismographs at the locations specified in paragraph 25. Any neighbor who requests advance notification of blasting as provided in paragraph 16 will be allowed to be present at a seismograph location to observe the recordings at the time of the blast event. 31. American Stone Company shall make its blast reports and the data provided by its monitoring seismographs available for inspection and copying at reasonable times by citizens and governmental bodies. 32. American Stone Company shall provide up to $2,000.00 in support of an initiative to document and memorialize the history of African American landowners in the area surrounding the quarry. OWASA shall promote this initiative by meeting with and working with neighbors to determine who will perform the study and by managing the study and disseminating its result. 33. In recognition of the historic value of the former school located on TM 7.112..9, and if permitted by the owner, American Stone Company shall pay for an inspection of the foundation of the structure by a qualified expert and if the inspection determines that the quany operations have caused any structural damage to the foundation, American Stone Company shall pay the reasonable cost for necessary repairs. 34. American Stone Company shall work with neighborhood organizations to identify a mechanism through which employment opportunities at the quarry could be made known to residents of the surrounding community. To the extent permitted by applicable state and federal law and regulations, American Stone Company shall extend a preference in hiring to 43 • • ~, U • • • . ~ -~ ~ ~~~:2387 l ~: 337 qualified residents of the community in the area of the quarry by considering these residents before others for job openings that occur during the time American Stone operates the • quarry. • 35. OWASA shall name the reservoir that results from the expansion of the quarry after the community in which it is located. 36. American Stone Company shall sponsor an annual neighbor day for residents living .within a 3,000-foot radius of the perimeter of the property encumbered by this special use permit for the purpose of maintaining constructive communicat~ns with the neighbors and to offer a planned forum in which neighbors might ask questions about American Stone Company's operation. 37. OWASA shall provide a special forum for citizens who live in the area of the quarry to speak with the OWASA Board of Directors about their concerns. 38. Operations associated with the extraction of earth materials and the reclamation of the property at the conclusion of mining will be in conformance with the standards set out in Section 8.8.1.2 of the Ordinance as it presently exists, Mining Permit # 68-02 as modified and the approved Reclamation Plan filed in accordance with Mining Permit #68-02. In the event of any inconsistency between the Ordinance and the Mining Permit, the stricter requirements shall control. 39. A security fence of at least 6' in height shall be installed around the entire circumference of the pt and plant area. 40. Berms consisting of spoil and by products from operations shall be located as shown on the . approved site plan and shall not reach a height greater than 40' above the original contour and shall not be graded so that the vertical slope exceeds the material's natural angle of repose. 41. Applicants shall submit operational reports to the County Manager, or designee, on an annual basis detailing the amounts of materials extracted, extent of extractive area, depth of extractive area and ground water test boring to the County. 42. The petition to close existing Bethel Hickory Grove Church Road (SR 1104) shall not be considered until the relocation and construction of the new SR 1104 is complete and accepted by NCDOT. 43. Prior to submittal of the Bethel Hickory Grove Church Road (SR 1104) construction drawings to NCDOT, the Orange County Erosion Control shall review and approve an erosion control plan. 44. A 100 feet Type F buffer shall be retained/installed around the entire perimeter of the petitioned site. • 45. The travel width pavement of the relocated Bethel Hickory Grove Church Road (SR 1104) shall be a minimum of 24 feet.- In addition, on each side of the entire length of the road, a- foot, paved bicycle lanes shall be built in accordance with NCDOT specifications. • 46. The ultimate ri ht-of-wa cross-section for NC 54 shall be 100 feet at its intersection w' g Y ith relocated SR 1104. If the right-of--way is less than 100 feet, a dedication, in fee simple, of 44 ac~~:2-387 :;.::: 338 fifty (50) feet from the centerline of the existing right-of-vvay, shall be made to the NCDOT. Dedication shall be recorded prior to County Attorney approval of the Special Use Permit. 47. The existing American Stone driveway onto NC 54 shall be relocated to existing Bethel Hickory Grove Church Road within two months after the opening of the relocated section of Bethel Hickory Grove Church Road. 48. In cases of abandonment of termination of operations for a period of twelve (12) consecutive months, application for a new Special Use Permit is required. 49. Two turn lanes (right turn lane and a center turn lane) on NC 54 shall be constructed or bonded in accordance with NCDOT specifications prior to attorney approval of Special Use Permit for recordation. 50. Prior to recording this special use permit, OWASA will record a conservation easement naming Orange County as the grantee and, at the option of Orange County, naming an additional grantee(s), in form satisfactory to the County Attorney, permanently restricting the future development on the tracts designated as TM 6.28..9B and TM 6.28..9E and agreeing to annex TM 6.28..9C, TM 6.28..9, TM 7.112..32, TM 7.112..31A and a portion of tract TM 6.28..8A into the area encumbered by the conservation easement when those tracts or portions thereof are conveyed to OWASA by American Stone Company no later than at the conclusion of mining in accordance with the agreement between American Stone Company and OWASA. On or before June 5, 2001, the County Manager will report to the Orange County Board of Commissioners concerning potential additional grantees, their willingness and ability to serve in that capacity and any other information necessary for the Board of Commissioners to determine whether the conservation easement will have multiple grantees and the identity of any grantee in addition to Orange County. 51. A portion of the property subject to this special use permit is subject to a special use permit issued October 23, 1981 and recorded at Book 492, Page 196 and modified at Book , Page ,Orange County Registry. This permit supersedes the prior permit which will become void upon the last to occur of (a) the running of the time for filing an appeal of the decision to issue this special use permit as provided in § 2.14 of the Orange County Zoning Ordinance and N.C. Gen. Stat. § 153A-340 and § 153A-345 without the filing of an appeal, or (b) the entry of a final decision by a court of competent jurisdiction from which no further appeal is possible upholding the validity of this special use permit. NORTH CAROLINA ORANGE COUNTY IN WITNESS WHEREOF, Orange County, has caused this instrument to be executed in its name as evidence of the issuance of said permit, and the undersigned being all of the property owners of the property above described, have executed this instrument in evidence of their acceptance of said Special Use Perniit as a covenant running with the land. ORANG LINTY By: John M. Link, Jr. County Manager l~ 45 • • • • • ,~~;~tss:ur~r;:;rr,, sc^x:2387 ; . ~. J ;? ~tG~ ~ '~ ji,., - ,tip. f1 ATTEST': ~ `' ~ s;i~ a • :~ _ .a - •. ~. ~ i ~ --~` ~ . r ~ ~ ~. ~ ~~ `~. .~ • 1~'.- ` ~"~ Clerk to the Board of ""'°"""``~ ~' ` • • • • Commissioners ORANGE ER AND SEWER AUTHORITY - BY: -~~ G DETER C. GORDON, Chair of Board of Directors ATTE$'I'j ~ n > ~.. / ~ , ~.. ~ c . --~ ;Secret AMERICAN STONE COMPANY ;. BY: ~ C. ~;~ ~ ~~? lletr~t~T ATTEST: ic~a~T„ 10~~ ,qsy; , S retary ~•GO.~•1 ~ 7 •••"~~.. ~~, v ~i',,'v ~'.~,.• ~'.~' __l n r'• t.. ~ r: t,yS c 7 ~' ~ .~ •. O~ ~ ~e•. `~: i;j v' a •, NORTH CAROLINA ORANGE COUNTY M.h~ I, a Notary Public of the County and State aforesaid, certi~,, that ?3e personally came before me this day and acknowledged that s ~1 r~c ~o* a Board of Commissioners for Orange County and that by authority duly given and as the act of said County, the foregoing instrument has s~ nted ~n i~tsyname by John M. Link, Jr., the Orange County Manager, and attested by~er aslerk tg said Board of Commissioners. Witness m hand and official stam or seal, this the /L d y of (it-~'Z~%c..~ ; ; ; Y P • , ,, TAR ?3LIC ~• ~~ ~ . ~ ~ ;.: •• • T~v ~\a .~r;J.. My Commission expires: '•. ' / ~'' 339.. .E . •+ e~ .~ o ,sus .~ secr2367 iAE 340 47 NORTH CAROLINA • ~1/aKG~Q County I, ~y~~ ~ ~ ~~ti Not Public for said ~ • ary County ant State, certify that Susannah P.Holloway person came before me this day and acknowledged that she is the Secretary of the Board of Directors of Orange Water and Sewer Authority, a North Carolina corporation, and the by authority duly given and as the act of fhe corporation the foregoing instrument was signed in its name by its Beaiir, and attested by her as its Secretary. CL-+aZn o~F ~Z~t~~,~ Dr flsSao~S'G~l Witness my hand and official stamp or seal, this the ~L~ r~ day of ~Gp~- b.w , 20 v( Notary Public ,,~•~~EF1T Ep~,,~~ My commission expires: ~,`Q ,yp,,, *** - ~~ v NORTH CAROLINA "•-;ypF y ~.~' W ~ COUIIty •,/~~n1111 I, •U ~Q m • S Co ~" Not Public ary for said County an State,~erti~ that, DOriQ ~ Moe personally came before me this day and acknowledged that he is " '` Mo~`~American Stone Company, a North Carolina corporation, and the by authority duly given and as the act of • the corporation the foregoing instrument was signed in its name by its President, and attested by as its~Secretary. ~3sC5~~tvY Witness my hand and official stamp or seal, this the i ~T day of 200L. ~. ~eo ~ Notary Public My commission expires: ~e~A~aeee~BR OS ~ ` o ` o ~ v ~ ^~y~l r'AAry1~ry~~f D ' 4 QO ^VO~ MI'MI V•' ` '~ _ ~ s QA Oar. • , ~~'r_ap • S'i/iah~ i . ~~,,` ~ ~ ~ ~r`b~~ ,I't ~ ti~ • • • r ~ +~'~i ntp of you ~~~ ., ~~ ~ ~~ ~ ~~ ~ \~ ~a / Joyce H. Pearson Register of Deeds Orange County North Carolina 9CCr2387 ;n~; 341 4s • • r ~_~~L~ i L? C3C:T ~~CiCii , ~•.t :i 1.: 5~ : ~7 am C~.4 ~r~r~e C::c~ur~ty, tel. C. State of North Carolina, County of Orange The foregoing certificate/s of Nancy Paciga, Robert Epting and Leila M. Scott, Notary/Notaries Public for the Designated Governmental units is/are certified to be correct. See filing certificate herein. This day October 10, 2001 JOYCE H. PEARSON, REGISTER OF DEEDS By: • • NORTH CAROLINA ORANGE COUNTY pc^2387 ~ ~: -342 FOLLOWING PINS ASSIGNED TO - •~~'~ DOCUMENT TYPE 49 09/26/2001 ,A, nn VERIFIED BY iY/~i' • ~~ l 330 . BOOK PAC'TR SUBDIVISION DESCRIPTION: PIN: 9759 -44 - 2780 TMBL: 6.28..8A PIN: 9759 - S4 - 4097 TMBL: 6.28..9B PIN:- 9759 -63 - 9813 TMBL: 6.28..9C PIN; 9759 -62 - 1992 TMBL: 6.28..9E PLAT / A'IULTIPLE PIN ASSIGNMENT Page 1 of 1 DESC: N/O OF 54 DESC: NW/S SR 1104 & HWY 54 P86/100 DESC: S/S SR 1104 P49/37 DESC: N/S HWY 54 F= ILEL} C7 L1C::T ~OC?i , at i i : 5~: 5£~am ~Cay~_P H. P~uirSOri F~e~~ i ~t~r of rJ~~~15, -^:~r-~g~~ Ga~~s-it}~, tel. G. • • • • ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT so • Craig N. Benedict, AICP, Director tarot[ °f e' Current Planning ~M` '°-. 306E Revere Road _ (919) 245-2575 ~_ ~ P O Box 8181 (919) 644-3002 (F~4X) ~ Hillsborough, www.co.orange.nc.us '"°~Ib ~a~~~°° North Carolina, 27278 f~, April 5, 2002 Ms. Chris Rivera 2007 Jo Mac Road Chapel Hill, NC 27516 This letter is to confirm that the meeting scheduled on Sunday, Apri17, 2002 to discuss the County's proposed No Fault Well Repair Fund (NFWRF) policy with Environmental Health is solely and specifically for that purpose. This meeting is a result of the BOCC's directive to hold a community meeting with residents near to the American Stone Quarry regarding the NFWRF. This specific meeting is confirmed by the draft minutes of the BOCC meeting of February 19, 2002. It came to planning staff's attention, by way of Ron Holdway in Environmental Health, that a flyer was distributed indicating that the meeting would address other issues relating to the Special Use Permit per se. Many of the issues mentioned on the flyer would involve OWASA, American Stone and the Planning Department. Unfortunately, as you and I have discussed, the Planning Department was not notified until we • received a flyer indicating that other County officials would attend the NFWRF meeting to discuss other issues. I have also spoken with American Stone and OWASA representatives and they do not know if they will be able to attend given the short notice. The fact that other parties were not notified, or even involved in the scheduling of the meeting, has led to scheduling conflicts among all parties. Neither the Director nor I will be able to attend the Apri17`~ meeting. It is our sincere hope that the community does not interpret our lack of attendance at this meeting to be synonymous with disregard for their concerns because that would be inaccurate. Perhaps a more productive meeting would be for American Stone Company, OWASA and County Planning Department representatives to schedule a separate meeting to discuss with the community the implementation of certain conditions of the SUP. Both American Stone and OWASA understand that they have conditions in the SUP for which they are responsible to the community and the Planning Department understands its enforcement responsibilities. If you have any questions please feel free to call at the above number. Thank you. Sincerely, Robert P. Davis, AICP Current Planning Supervisor • Cc: Craig Benedict, Planning Director File • ATTACHMENT 3