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HomeMy WebLinkAboutMinutes - 19811026 3• 4• MINUTES 5• OCTOBER 26, 1981 6. 7• The Orange County Board of Commissioners met in executive 8' session on Monday, October 26, 1981, at 7:00 P.M. preceeding 9. the regular session at 7:30 P.M.,. in the Commissioners' Room,. lO' Orange County Courthouse, Hillsborough, North Carolina. 11. . Commissioners present: Commissioner Anne •Barnes, Chair;" 12. and Commissioners Norman Gustaveson, Norman walker, Richard 13' Whitted, and Doh Willhoit. 14'. The,.Purpose of the- executive-session:-was.-,.to:.consider=per- ��" sonnel. Following the executive session'the Board`of Commissioners 16. convened in open session at 8:00 P.M. for the regular session. �70 All members were present as indicated above. 18" Commissioner Barnes suggested that due to the length of 190 the executive session the Board move directly into -the Public 20, Hearing on the Class A Special Use Permit Request from American. 21. Stone Company which had been adjourned from October 6, 1981, to 22• this date, time and place to receive a recommendation from the 23" Orange County Planning Board. - �4• Orange County Planning Board Chair, Pat Crawford, was sworn 25" by Commissioner Barnes, and enumerated the findings of fact with 26. regard to the American Stone Company as follows: 27. 8.2.1), The American Stone Quarry is located at the inter- 28. section of Hwy. 54 and SR1004 in Bingham Township; this 29'. area is zoned R-1 and extraction of earth products is 30* a permitted use, requiring a Special Use Permit. The 31' operation of the quarry meets the minimum standards 32" and requirements of Articles 5 and 6 of the. Zoning 33. Ordinance. -- 34• 8.2.4. The specific standards require: 35. a) The present sewage disposal facilities appear 36` to be functioning correctly and are adequate to 37" handle the proposed use. There are no appreciable 38° solid wastes generated by this use. water is 39. 40• supplied by .individual well on site and-.:is adequate for the use. b) Fire protection is provided by the .Orange ,Grove Rural Fire Department. This is .adequate for the development. Police protection is provided by the Orange County Sheriffs' Department and rescue fs'. i to squad services are provided bj Orange County EMS. These are both adequate. The following standards were used in evaluating the request of American Stone Co. ,for a Class A Special Use-Permit, for extractive. use. All operations associated with extraction will conform to the following performance standards: 1) Direct illumination resulting from the oper- ation shall not fall upon any land not covered by the application. American. Stone Company does not propose to operate at night so there is no necessity for illumination of the operation. 2) Equivalent. sound levels at the boundaries of the extraction site shall not exceed the following standards: between 7:00 A.M. and 7:00-P.M. 68 dBA between 7:00 A.M. "and `7:00 P. M. 58 d8A The applicant has stated that their operation can meet the above stated standards. They have provided two - letters, from Philip R. Berger and Associates dated October 1, 1981 and July 11, 1980 that support their ability to meet those standards. 3) 'Vibration levels at the boundaries of the extrac- tion site shall not exceed the following standards: Maximum Peak Particle Velocity steady state 1.0 inches/second impact 2.0 inches/second NOTE: The maximum particle velocity shall be the product of 2 times the frequency in cycles per second times 81 : ; .. 3: wLci - er the sum of 3 mutually perpendicular displacement components recorded simultaneously.. For purposes of this ordinance, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per•minute, shall be considered impact .vibrations.. Maximum air blast vibration, measured. at the lot lines of the 2. - zoning lot containing the extractive use, shall b - - 125 decibels on the linear scale. ,The Applicants have stated that the operation..can'meet..the -required vibration levels.' 'They have supplied a°,letter from Philip R. Berger and Associates dated July 11, 1980 that supports American Stone's ability to meet the above standards. b) The Rehabilitation Plan shall be referred to the Orange County Soil and Water Conservation District . . for review and recommendation which shall not be binding upon the Board of Commissioners, in partic- ular regarding the landscape material, specified, the planting and maintenance proposed to insure contin-. uous growth and development, and the acceptability of the proposals for the-. handling• of lakes, peads, etc. American Stone has supplied the standards to which they will reseed and stabilize the dist3=5e&. areas and overburden: spoil pile storage areas. These standards have been approved by the Soil Conservation Service. The Orange County Soil Erosion Control officer has visited the site on several occasions and finds no problem with the settling ponds used by American Stone. -- c) The permanent roads, defined as those to be used in excess of one year within the excavation sites shall be surfaced with a dust free material such as .soil cement, bituminous concrete or Portland Cement concrete from the nearest public road to the yard area. Also, "s all permanent roads located within. 300 feet of resi- dentially zoned land shall be treated the same. The applicant has one hard surfaced road on the site presently and they have stated that the other proposed access road will also be paved. inhere are no permanent unpaved roads closer than 300 feet to residentally zoned land. d) Roads other than permanent roads shall be treated with dust inhibitors to be specified in -the Operations Plan, which will reduce to a minimum to generation of dust from'the- road;:surf aces.:as:;:,a. result.af. wand or vehicular action. Properly operated water wagons shall be 'an acceptable method of dust inhibition. The Applicant will use water wagons as a means for controll- ing dust in the yard area. e) where the proposed extraction shall take place within 300 feet of a dwelling, school, church, hospital, commercial or industrial building, public building, or public land, a security fence at least six feet high shall be installed. There are not dwellings, schools, .churches, hospitals, com- - mercial or industrial buildings, public buildings or public f land within 300 feet of the actual quarry site. f) spoil piles -and other accumulations as by-.products.'.shall not be created to a height more than forty feet above t .' the original contour and shall be s 0 graded that the vertical slope shall not exceed the material's natural angle repose. The Applicant has stated that most overburden will be given li ); away and removed from the site. Any overburden that is not I given away will be stored in the area as indicated on the site y plan. This overburden will -be graded and stabilized as specified in b) above. No overburden or spoils piles shall be created with a height in excess of 40 feet. g) The Operations Plan and the Rehabilitation Plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant• with good practices and so that rehabilitation proceeds in concert with extraction. The Applicant has stated that they will not disturb more area than is absolutely necessary for extraction, at any one time. Those areas that are disturbed will be stabi- lized as per b) above. Chairman Crawford said the Planning Board recommended ---- granting the Class A Special Use Permit to American Stone Company- - -' with the following conditions: 1) The site. plan submitted by American :Stone,Company dated October .19.80.::r..evised;:June --9.:..1981 shall.-.be' part of this permit. 2). Two observation water wells will be constructed as soon as possible after the issuance of this permit to monitor the effect of the quarrying operation on the. local'water - table. The first well will be located near the property line of Phillip Durham about 750 feet west-northwest of the northwest corner of the present excavation pit. The second well site shall be near the toe of the disposal overburden pit at approximately 900 feet east of the northwest corner of the pit. The minimum depth of both observation wells shall 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 monthly to the Planning Department by the 15th day of the following month. 3) The new access road shown on the site plan shall be paved when it is put into service. The temporary road shown on the site plan shall be closed within one year of the -date of this permit. 4) The applicant shali' not use the access easement, described in the deed to the 18 acre tract, to SR 1103 for removal of overburden or access for trucks to the extraction site a fence will be constructed on that edge of the site. AV 5) No extraction will take `place within 300 feet of a residence or public land. If a residence is built within 300 feet of the extraction site, a fence will be constructed on that edge of the site. 6) Stockpiles and overburden piles will be at least 200 feet from all streams. on the site. 7) The stabilization of the overburden piles will be determined and inspected periodically by the Orange County Soil and Erosion Control Office. The over- burden stabilization will be accomplished through a rotation method. The stockpiling of.overburden will take .place .on -a rotating.:basis. One area wi.thin'the disposal site will..be .graded and stabilized with sericea lespedeza and according to the rehabilitation plan while another area is being used for stockpiling. 8) The hours of operation will not exceed the time from 7:00 A.M. - 7:00 P.M. Monday through Saturday. 9) The streambed and banks of the channelized portions of Phil's Creek and the areas around the settling ponds will be stabilized. The applicant will have a continuing program of fertilization and maintenance on areas ad- jacent to the streambed of Phil's Creek and around the settling pond. 10) A 50 foot separation shall xemain'at all times between the excavation pit and Phil's Creek. This. 50 foot buffer will remain in natural state to be maintained by the applicant. 11) A water wagon will be operated at.the site as needed to keep dust leaving the site to a minimum. 12) One year prior to the -end of the extraction process the applicant will notify Orange County in writing of their intentions. The County will tour the site, indicating areas that need further preparation for the closing of the site. Of particular concern on this inspection: 1. That the settling ponds are fully stabilized. and the spillway is in good condition. „4'..'o-,” ..'..J;',' :..- .-.•�',•' .. . 2. Over burden and spoil piles'�.have been completely graded and sloped to prevent slippage and erosion. That the slopes are stabilized and seeded to Orange County standards. 3. The final use of the site has been determined. if it is to be a reservoir then what will happen to existing machinery yard areas and buildings. If it 'is not to be used as a reservoir then detailed plans must be submitted on the methods of restoring site and securing pit. area. 4. The applicant shall notify Orange County in writing .of the expected final .date.of.,operations. Orange County shall not-release the..rehabilitation,bond . until operations have ceased and all areas that have been disturbed, graded, sloped, etc. have been sta- bilized to Orange County standards. . A citizen of the area said he wished to speak concerning this Special Use Permit request. The Board noted that the Public Bear- ing had been adjourned to this time, place and date to receive a recommendation from the Planning Board on this request. The Board agreed to let. the citizen speak and if the Board of Commissioners thinks his evidence warrants sending the Class A Special Use Permit request back to the Planning Board for further deliberation it had the option of doing so. Commissioner Barnes swore Mr. Wain Mengel who said,he lives at 115 Greenfield Road across from American Stone Company. He said the residents of the Greenfield subdivision questioned the provisions for blasting and vibrations. Mr. Mengel asked that the Board of Commissioners re-examine the provisions for blasting. in response to questions from the Board of Commissioners, Mr. Mengel said the realtor of the subdivision had told them they were near a mining operation but also had told them there were no plans to expand the operation. Mr. Mengel asked about provisions for insuring compliance with the blasting levels.. Mr. Dick Badham of American Stone, who was sworn at the October 6th public hearing, said that .2" vibration levels were accepted but that no county in . North Carolina had vibration levels more stringent than. l" as dial Orange County. Mr. Cannity of the Planning Staff, also sworn at the October 6th public hearing, outlined the provisions for ascertaining compliance with blasting/vibrations levels as listed in the Zoning Ordinance. Following much discussion regarding enforcement of the r- blasting standards for American Stone, Commissioner Gustaveson asked Mr. Mengel for the record if indeed there was a disclosure statement when he purchased his house that he would be living near a mining operation; Mr. Mengel said. there was no written statement but that information was verbally disclosed to him. Chairman .Craw ford-..brought:to ..the;.-Board's attention that condition two did not state what,was-•t'o be- done with the data ater :.it was collected and suggested the Boar•d.'of Commissioners might wish to address that question. Commissioner Gustaveson moved to declare the public. hearing on the Class A Special-Use Permit request from American Stone Company adjourned; Commissioner Walker seconded the motion. _.. Vote: Ayes, 5; noes, 0. The.Board then began discussion on the Class A Special Use Permit request. Commissioner Whitted , said that Condition #8 should have "quarrying" inserted prior to the word "operation" because paper work could be done outside -those hours. which wouldn't disturb anyone. Commissioner Willhoit voiced some concern over condition #2, saying that specific, quantitative measurements were needed to define a clear drop in water levels in the observation wells. Mr. Dick Badham of American Stone said he felt the observation wells were for his company's protection, saying 'if someone in the neighborhood said American Stone Company was causing his well to go dry the observation wells could serve to either verify that assertion or to disprove it. Mr. Badham said that if American Stone's operations casued someone's well to go dry then the company would be glad to dig an adequate well as replacement. piqb 09�. Commissioner Willhoit further suggested that perhaps the vibration level• question should be addressed through the Zoning Ordinance and that the last sentence of Condition #2 be changed to read "The results of the measurements shall b.e sent annually to the Planning Department by February 1 of each year." Commissioner Walker moved, seconded by Commissioner Gustaveson, to accept the conditions recommended by the Planning Board for the Class A Special Use Permit for American Stone Company with the following amendments: - - - A) that Condition #8 have the word "quarrying" inserted before operations B) that Condition #2 should have-the. last-,-sentence to read "The-results of the'.me.astirements i:shal:r be sent annually to the .Plannin.g Department by February 1 of each year." Mr. Cannity told the Board that the Planning Board had felt that the Board of Commissioners should make a -decision re- garding Article 8.2.4 (h) of the Zoning Ordinance which reads' h) The Board of Commissioners shall require for all extractive uses a performance guarantee to insure that the provisions of the Rehabilitation Plan are met. Such performance guarantee shall be in a form approved by the County Attorney. . The amount of such guarantee shall cover the cost of xehabil- itation. The applicant's engineer shall certify the costs of rehabilitation on a per acre basis, if the cost does not exceed the amount posted with the State. If the rehabilitation costs exceeds the amounts required by the State then the difference shall be made up in a bond to Orange County. Commissioner Gustaveson moved, seconded-by Commissioner Barnes, to amend the main motion to add a bond shall be posted with Orange County for the difference between the bond required by the State Mining Act and the costs estimated by engineering to insure compliance with the Rehabilitation Plan as submitted by the applicant;. review of this bond will be concurrent with 0:_ r„r.. - f the provisions for such review in the State Mining Act. Vote on the amendment: Ayes, 5; noes, 0. Vote on the main motion to approve the Class A Special Use Permit: Ayes, 5; noes, 0. The American Stone Company was thereby granted a Class A Special Use Permit subject to the conditions as outlined in the Minutes of this meeting. y A. Comments From the Board There were no additional comments from the Board. B. Comments from .the Audience Ms. Josephine Barbour cited the intersection of US 70 and St. Mary's Road as being a dangerous site, one requiring, she feels, a stoplight. She also asked about the condition of Lake Orange, saying the water level was down to kill algae growth and she wondered if the Board had considered- chemical treatment. The Board said the County staff had studied the problem of bake i -Orange for several months. C. Minutes No Minutes were submitted D. 2 Sale .of Software ............... Mr. Keith Brooks, Data Processing Director, said the County had been able to sell its computer software appraisal system. Mr. Rusty Mangum of Fulcrum Computer Groups, Inc., was on hand to present the first check of $7,500 to the County; he said that the County may be able to eventually recoup, a total of $75,000 from its software program for the appraisal system. The Board accepted the check on behalf of the County. D. 3 Northern Fairview Redevelopment- Area Mr. Albert Kittrell, Community Development Director, reviewed with the Board, the Planning Board's October 19, 1981 designation of Northern Fairview as a Redevelopment Area. Commissioner Whitted moved to set November 17th as a public hearing on the Redevelopment Plari for Northern Fairview; Commissioner Whitted amended his motion to set November 23, 1981, ° as the date of the public hearing for the purpose stated above. . -commissioner Barnes seconded the motion. Vote: Ayes, 5; noes, 0. D. 4 Report on Architect's Proposals Mr. Thompson, County Manager, and Mark Rees, Purchasing Director, reviewed the various proposals received by the County. Commissioner Barnes moved, seconded by Commissioner Whitted, to invite Peloquin Associates, Burnstudio; Cogswell/Hauser and Space Builders to make oral presentations to the Board at the November 2, 1981, meeting. Commissioner Gustaveson questioned one firm..,which was from Wake County; Staff said this firm had requested permission to make a proposal after it had.been consulted.by. several of.. the:.local:..firms.�:�because of its expertise with historic.,buildings. Vote: Ayes, .5; noes, .0. c� D. 5 Personnel Policy--Health Department Wpm Commissioner willhoit moved, seconded by Commissioner fitted, to approve at this second reading, the amendment to the Orange County Personnel Policy Article I, Section 2 (b) . i Thereby bringing under that Policy, all Health Department employees '__"?_ . no otherwise excluded. Vote: Ayes, 5; noes, 0. ARTICLE I IN GENERAL Section 2 Coverage This policy will cover all permanent, full-time and probationary C? employees, except as specifically exempted. The county attorneys, members of the Board of Commissioners, and members of advisory and special boards and commissions will be exempted, except in sections where specifically included. The following employees are exempt from the policy, except in the instances cited below: (a) employees of the North Carolina Agricultural Service, except that they will be subject to Article III, Section' . 3; - Holidays-Enumerated (b) employees governed by the rules of the State Competitive Service System, except that they will be subject to Article II, Sections 1-14; Article III, Sections 1-16, and 20; Article IV; Article VI,. Sections 9-12; Article X, Sections 3, 6, and 7; Article XI and Articles. Xiih XVI. l/ X• .Z D. 6 RSVP Resolution Commissioner Willhoit moved, seconded by Commissioner Whitted, to approve the Resolution authorizing submission of a grant application for RSVP (see page of this book for a copy of that Resolution) . Vote: Ayes, 5; noes, 0. j D. 7 Executive Session Commissioner Whitted moved, seconded by Commissioner Gustaveson, to convene in executive session to di.scuss. a pro- perty matter. Vote: Ayes, 5; noes, 0. Anne Barnes, Chair Paulette Pridgen-Pond, Clerk'