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HomeMy WebLinkAboutMinutes - 04-12-2000APPROVED NOVEMBER 1, 2000 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN CHAPEL HILL TOWN COUNCIL JOINT PLANNING AREA PUBLIC HEARING April 12, 2000 The Orange County Board of Commissioners, the Carrboro Board of Aldermen, and the Chapel Hill Tawn Council met on April 12, 2000 at 7:30 p.m. in the board room of the Southern Human Services Center in Chapel Hill, North Carolina. The purpose of this meeting was to hold a joint planning area public hearing. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Alice M. Gordon, Stephen H. Halkiotis, and Barry Jacobs COUNTY COMMISSIONER ABSENT: Margaret Brown COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Planning Director Craig Benedict, and Clerk to the Board Beverly A. Blythe (all other staff members will be identified appropriately below) CARRBORO BOARD OF ALDERMEN PRESENT: Mayor Michael R. Nelson and Aldermen Joal Hall Broun, Jacquelyn Gist, Diana McDuffee and Allen Spalt CARRBORO BOARD OF ALDERMEN ABSENT: Mark Dorosin and Alex Zaffron CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Rosemary Waldorf and Cauncil Members Flicka Bateman, Joyce Brown, Pat Evans, Kevin Fay, Lee Pavao, Bill Strom, Jim Ward, and Edith M. Wiggins NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. I. OPENING REMARKS FROM THE CHAIR Chair Carey outlined the procedure for the joint planning area public hearing. He asked those who had signed up to speak to abide by the three-minute rule for comments and to nat be redundant. He pointed out the blue-colored cards that were in the back of the room for anyone to raise questions in writing after the presentations. He said that Buck Tredway would pick up the cards. He explained that after the presentation by Planning Director Craig Benedict, the proponents and then the opponents of the issue would make statements. The elected boards and the Orange County Planning Board will raise any questions after the presentations and the questions from the cards will also be addressed. The proponents and the opponents will be allowed to make closing statements before the collective boards take any action to refer these matters. II. PUBLIC CHARGE Chair Carey dispensed with the reading of the public charge. III. JOINT PUBLIC HEARING (JPA-1-00 and CP-1-00 are submitted on behalf of American Stone Company, Orange Water and Sewer Authority, and Philip and Alice Durham and will be considered jointly.) 1. JPA-1-00 requests a 75.20-acre expansion of the extractive use plan category as contained in the JPA Land Use Plan. The extractive use category encompasses mining and quarry operations. The application requests that the extractive use category be extended to a 15.20-acre parcel (PIN 9759-63-9813) owned by American Stone Company and a 60-acre parcel (PIN 9759-62-1992} owned by OWASA. Amendments to the JPA Land Use Plan require the approval of Chapel Hill, Carrboro, and Orange County as specified in the Joint Planning Agreement. 2. CP-1-00 requests the establishment of a 180.51-acre rural industrial activity node. A rural industrial activity node is land focused on designated road intersections in the rural areas that is appropriate for industrial uses, which do not require urban- type services. The request includes the properties referenced in JP-1-00 as well as five acres of a parcel {PIN 9757-44-2780) owned by American Stone Company and a 100.31 acre parcel (PIN 9759-54-4097) owned by Philip and Alice Durham. Comprehensive Plan amendments require only the approval of the Orange County Commissioners. IV. Staff Presentation Planning Director Craig Benedict made a presentation. He said that there had not been any public hearings on this matter since April 1994. He pointed out that tonight's meeting had nothing to da with the zoning of the property. The zoning of the property would be another step after the public hearing. He made reference to a map showing the existing quarry and the surrounding land use elements. He followed the outline in the handout entitled, "Joint Planning Area Public Hearing." He made reference to the table in the handout of the various uses. He said that the 75.2 acres would be a new extracted use combined with the existing extracted use that is subject to existing extracted use activities with an existing special use permit. When all of the comprehensive plan uses are added together, there are 180 acres of rural industrial node. This is roughly 105 acres north of Bethel Hickory Grove Church Road, and 75 new acres south of the road. The 75 new acres south of the road is a 60-acre parcel owned by OWASA and a 15-acre parcel owned by American Stone Company. He made reference to the 'locational' review standards and said that there were 11 review criteria. These are on page 9 of the handout. He said that the Planning staffs from Carrboro, Chapel Hill, and Orange County reviewed these criteria. These are the same criteria used in any case of a change in the land use plan of the joint planning area. When these issues were reviewed, they were in compliance with 10 of the 11 criteria that are used to evaluate land use plan amendments in an area. He pointed out criterion #2, which is Hydrology. This area is within the University Lake Watershed and is very close to Phil's Creek. He said that Phil's Creek runs northwest to southeast through the site. The staff evaluated whether there were any affects upon the environmental conditions of the creek and the watershed. He said that as a result of the quarry operation, by 2030, this would be an additional water supply that could augment University Lake. He said that in 1994, there was an original request to relocate the asphalt plant, and this has been removed from the application. There is an agreement for the existing asphalt plant to close down in May 2000. He explained haw University Lake could be augmented as a result of the reservoir. He said that when the staff analyzed the hydrological concerns, they found very important benefits that outweighed the initial hydrological impacts that are addressed by putting a quarry within the future reservoir area. He addressed the JPA Operating Principles that are also on page 9 of the handout and are listed below: a. Open Space -the eventual reservoir will have open space around it b. University Lake Watershed -water supply augmentation c. Higher Intensity Use/Transition Area -this does not create any additional higher intensity uses for residential populations d. Rural Areas -mining activity is considered a primary economic resource and fits in with the rural character of an area e. Urban Farm -this does not affect the urban form of what is occurring in the downtown cities f. Utility Extensions -there are no utility extensions necessary to this property g. Allocation of Growth - having a quarry and an eventual reservoir does allow for the concentration of populations to occur within the urban areas (Chapel Hill and Carrboro) He went through page 10 of the handout that lists points about the existing quarry operation. He said that quarrying would continue if this amendment was not approved. He noted that there is no time limit on the Special Use Permit. He talked about the advantages of a larger operation including better technology, improved operations, less truck traffic, and economy of scale. He said that if the permit is not approved under the existing application, the quarry would keep the rock crusher on top of the hill adjacent to the pit. If the quarry is allowed to expand further to the southeast, the crusher could be put within the existing pit. The efficiency of a quarry is mare productive by being wider and shallower than it is deeper. He noted that in the application there are certain mitigation measures. American Stone has agreed as part of this application to reduce the decibel ratings and the vibration standards at night. Additional mitigation measures include the dedication of the 10-acre park in the future, additional revenue stream to keep the park going, additional monies for neighborhood activities, and others. He pointed out that some of the mitigation measures will not be put in place until after the tract goes from a quarry to a reservoir. This is a lower cost to other alternatives and a better environmental option without the destruction of land. Also, an additional water supply will help in times of drought. If something happens with Cane Creek, the reservoir would have the capability to keep the operation under control. In regards to long term water supply, there was an issue of whether the reservoir was necessary or not and if the supply was adequate for future populations. Part of the reason the application came back in 1999-2000 was the completion of the water supply study. He said that the interesting thing about this application is that it does give an opportunity to plan for the future. He said that the Orange County Planning staff is submitting comments tonight on behalf of the other planning staffs because the property is located within the eventual comprehensive planning and zoning jurisdiction of Carrboro and Chapel Hill. Questions from Orange County Board of County Commissioners and Orange County Planning Board: Karen Barrows asked about the designation of an industrial Wade, and said that in 30 years it really would not be an industrial node if the quarrying stops. She asked if the industrial node would just be for 30 years. Craig Benedict said that the property owner at that time, primarily OWASA, could come back and request for a revision and call it public use or a public interest area. Planning Board member Sam Brooks made reference to the proposed reservoir and asked how long it would take to fill up the reservoir and if there was a watershed that was capable of sustaining the reservoir. This question was held for the proponents' presentation. Questions from Chapel Hill Town Council and Carrboro Aldermen: Allen Spalt asked Craig Benedict why the number of acres being sought for the industrial node was substantially larger than the proposed extractive use, including the existing reservoir. Craig Benedict said that the reason there is a difference in the two numbers is that presently there are 150 acres of extractive use that are in operation. The Special Use Permit does not include all of the 150 acres. The rural industrial node could be contracted to handle only the operations of the quarry activity. He made reference to a map and shaved where the crushing operations are taking place. Allen Spalt made reference to the Environmental Impact Statement and asked if there was going to be a presentation. Craig Benedict said that the co-applicants would address the EIS. Commissioner Gordon asked for clarification on the acreage for the node totaling 180 acres. Craig Benedict showed on the map the location of the 180 acres. He noted that there was an extra 32 acres included in American Stone's Special Use Permit. Jacquelyn Gist clarified that the application for moving the asphalt plant is no longer valid because the asphalt plant will be gone within the month. Craig Benedict noted that after the 1994 public hearing, there was a request by the local governments to meet with the adjacent property owners and create a mediated process. This went on for a couple of years and the outcome of the meetings was a memorandum of agreement that was signed by American Stone Company and OWASA. The local residents did not sign the agreement. All of the conditions that were a part of the mediated settlement by the Dispute Resolution Center were included in the agreements. All of the agreements have been included in the mitigation measures to be done by either OWASA ar American Stone Company. Chair Carey said that mast of the questions raised at this time by the citizens would be answered by the presentations. He proposed holding the questions until the proponents and opponents have made their presentations. V. Statements in Support of Proposal Paxton Badham spoke on behalf of American Stone Company. He noted that American Stone Company has done follow-up on complaints they have received during the time they have been in business in Orange County. He said that most of the complaints that American Stone Company has received over the years had to da with blasting. He said that they do keep a record of the complaints to see if there is anything unusual about the blasting and also American Stone meets with the person who filed the complaint. In the mid-90's OWASA hired a consultant out of Durham to analyze American Stone Company's blasting program. He said that the summary of this report is in the updated EIS. The consultant found that there had been some minor mistakes made in some of the blasting, but the conclusion was that American Stone Company had never done anything that even approached the damage threshold. There have been nine calls complaining about blasts, one call complaining about a well problem, and one call complaining about noise in the 30+ years that they have been in operation. He explained haw the complaints concerning the well and the noise were resolved. In preparation for this meeting, American Stone Company sent out approximately 900 letters to people in the area of the quarry explaining what they were asking for in this process and inviting them to call if there were questions. They received six responses, two of which were in favor of the expansion. He listed the conditions that they have agreed to if this application is approved. These conditions are not required but are just extra things that American Stone Company has agreed to do to in hopes of satisfying some of the concerns. The conditions are as follows: - maintain a 500-foot setback instead of the 300 feet that the County requires - do a pre-blast survey on homes within 3,000 feet of the pit - compensate homeowners in the event of any damage as a result of the quarry - give telephone notification of all blast events to people who request it - install baffling equipment in the plant within two years of permitting - relocate the primary crusher down into the pit within seven years - install at least a 20-foot high berm around the new proposed areas - enclose the screens and crusher within four years of permitting - provide additional monitoring programs for groundwater, ground vibration, and air blast - give 10 acres to OWASA to locate a park and $15,000 a year for maintenance ar development - give $5,000 annually for local community projects or charity - limit the continuous noise decibel level to 60 instead of 68 that is required by the County - engage in no noise-causing operations between 7:00 p.m. and 7:00 a.m. - reduce the allowable ground vibration limit from one inch down to .6 of an inch - monitor with at least two seismographs - meet periodically with neighbors to go over questions ar concerns He said that most of the land around them has been an asphalt plant and they plan to add less than 25 acres to their present site. He said that American Stone Company has been criticized and analyzed by citizens, the press, and others who are looking for same connection between the work at the quarry and the allegations of damage to homes and wells. He said that no one has found anything including an inspection that took place today. In conclusion, he said that American Stone Company operates the quarry responsibly in light of the permits and regulations. If these mitigation measures are adopted, the impacts will be greatly reduced and the operation will be substantially less intrusive in the neighborhood. Chair Carey made reference to a question from a citizen and asked if 36.8 acres were approved for mining in the current quarry. Mr. Badham did not know the answer. Chair Carey noted that Mr. Badham spoke far 15 minutes. Mr. Peter Gordon, Chair of the OWASA Board of Directors, spoke in support of the proposed change to the land use plan. He said that since the idea of using an expanded stone quarry for water storage was first proposed ten years ago, there have been a lot of changes at OWASA. There is a new Executive Director and a completely new Board of Directors. He said that OWASA has very strong support far this proposal. He said that when OWASA was first formed in 1977, its customers used around 4-1/2 million gallons a day. In 1999, there was an average of 9 mgd sold. In projecting future demand, OWASA looked at projections of growth in different sectors of local economy and came up with .18 mgd of growth per year into the future. Under that scenario, in the year 2050, OWASA would be selling 18 mgd. There is a slowing of growth according to their projections. They expect in 2050 the average daily water sales will be between 15-21 mgd. According to the projections, between 2030 and 2050 OWASA will need additional water. One way to meet those demands is to use the stone quarry and the other is to use the Jordan Lake water source. It is highly passible that the Jordan Lake watershed will receive the level of water protection that is in Orange County. One question is how big of a water storage facility is needed. The analyses show that the ideal storage facility would hold around three billion gallons of water, and that is the approximate size of what is held currently in the Cane Creek reservoir. The analyses also show that there is sufficient drainage in the watersheds to usefully have that much storage. OWASA's current supply system gives approximately 15 mgd. If they have excess storage capacity, they would have greater flexibility to maintain their existing facilities, release additional water downstream, etc. He noted that some things have changed since this application was first submitted. They are as follows: 1. The mitigation measures that were developed and came out of the mediation process 2. The duty to quarry -the original agreement does not specify what size pit American Stone would produce as a result of its quarrying activity. They have agreed to a supplemental set of agreements which would go into effect if this is approved which we believe would greatly increase the likelihood that we would end up with a three billion-gallon facility. There would be checkpoints over the years to be sure we will end up with the size pit we need and assurances this will be done if at all economically feasible. 3. OWASA has entered into an agreement in principle to buy the current quarry site from Mrs. Durham. That allows OWASA to tell the neighbors that OWASA will own the site north and west of the road and that in the year 2030 the site will only be used for water supply purposes. This will be a 60-acre lake that will be surrounded by 100 acres of woods and no other activities will take place on this site other than those related to water supply. Chair Carey pointed out that Mr. Gordon spoke for 15 minutes. The opponents will be allowed up to 30 minutes to make their presentation. Questions from Board of County CammissianerslPlanning Board and Chapel HiIllCarrboro: Flicka Bateman asked who would pay the cost of moving the road and Paxton Badham said that American Stone Company would pay for it. Kevin Foy asked about the 75 additional acres and if OWASA would get royalties on what is extracted. Peter Gordon said that OWASA currently owns around 60 acres east and south of the road. He said that OWASA would not receive royalties. He said that there was athree-party agreement. Under the original agreement the absence of royalty payments to OWASA for extraction on the land reflected two things: 1) OWASA's primarily goal is achieving a water storage facility, and 2) the original four-party agreement included transfer of lands from the Durham family at costs that were very favorable to OWASA. The rent that American Stone Company paid to use the Durham's land was high enough to compensate the Durham's for the eventual transfer of that land to OWASA, and OWASA's forgoing of royalties was, in effect, compensation to American Stone Company. Jackie Gist asked about the potential agreement to buy the land from the Durham's. She clarified that after the mining operations are finished in 2030, that nothing industrial could happen on that land because OWASA would own it and it could only be used for water and low-impact recreation. She also clarified that under this agreement that the mining operations would stop in 2030, and without the agreement mining could go on indefinitely. Bill Strom asked that Peter Gordon go over the different costs of pursuing the quarry versus going to Jordan Lake. Peter Gordon said to get the water from Jordan Lake would be very expensive, clearly higher than with the quarry. With the quarry, the cost to OWASA really depends on the size of the pit. The intake structure is a fixed cast, so it is much more economical for OWASA to have a larger pit for water storage. Allen Spalt said that he did not remember reading in the agreement the statement that the tract where the rock crushing is which is not excavated would not come to OWASA. He understood that the entire operation was included in the four-party agreement. Peter Gordon said that OWASA had a right of first refusal on that property, but it did not have the guarantee to get it. Allen Spalt asked, in terms of the length of the operation of the quarry, what difference would it make if the landlord was OWASA or the Durham's. Peter Gordon said that it did not make any difference who the landlord was. Questions from citizens (blue cards}; 1 } The mediation agreement limits the quarry pit to 20 acres, why is more now being considered? Paxton Badham said that the 20 acres is approximately what would be mined on the OWASA property. The additional acreage is the 300-foot strip on American Stone Company's side of Bethel Hickory Grove Church Road and is now a setback. He pointed out the land on a map. 2} Are you willing to purchase my home far the appraisal value in the case of damage to my home? Paxton Badham said that the agreement states that American Stone Company would fix any damage, but they have not agreed to purchase a home. 3} Why did Orange Caunty Planning not provide the public hearing materials at the Assembly of Governments meeting two weeks ago? Chair Carey said that this issue was not the focus of that meeting. 4} Why did the public hearing notice say 164 acres in the industrial node and now it is 180 acres? Craig Benedict said that he researched the acreage back to 1904. He said that the area that is part of the certified special use application with the County includes the larger amount of 180 acres. There will be variances between the original application and what the staff uncovered in the original legal descriptions. 5) Why would a quarry of 3.0 billion gallons be of any advantage over a quarry of 2.3 billion gallons? Peter Gordon said that the difference is .7 billion gallons, and that is in the range of 1.4 million gallons a day of water supply. OWASA believes that they do not knave haw much water will be needed, but they believe firmly that if everything is shaved back and pushed to the margin, then the likelihood of problems or shortages is increased. 6) Will the expanded quarry affect water levels or well water quality, and if it affects well water quality and quantity in the future, what recourse would residents in the area have? Peter Gordon said that this was addressed in the supplemental environmental impact statement and also in the mitigation as a result of the mediation. There is no evidence to date that the quarrying operation has affected the water table. He said that there is also not a good reason to believe that blasting would affect the wells. If experts determine that there is a real probability, but short of a certainty, that the quarry operation affected a well, then that well would be fixed at American Stone Company's expense. For houses within 3,000 feet that were built prior to 1978, American Stone Company and OWASA will together pay 50°~ of the cost of re-digging wells that fail without any proof that the failure was related to the quarrying operation. 7) What guarantee is there that the completed quarry will be suitable for holding water? Will the amendment to the land use plan allow other growth in a restricted area? Peter Gordan said that the current pit holds water, and OWASA commissioned an expert to study the pit that is currently being excavated. The study indicates that the pit would hold water. In regards to the second question, he said that after 2030, the 160-acre site that OWASA will own will only be used for water storage and buffer between water storage and some modest activity associated with transferring water. Craig Benedict said that the extractive use is part of the joint planning agreement within the rural buffer. This is an expansion of that extractive use. Jim Ward asked, regarding the water holding ability of the expanded quarry, how much of a guarantee historically is there that the expansion would do the same thing. Peter Gordon said that these sites are very close together. He said that quarries are used far water storage around the East coast fairly frequently. 8) Why did OWASA change its population projections from curves that flatten to add build out to straight lines? Peter Gordon said that historically OWASA used a population forecasting method that saw growth as being a constant proportion of around three- percent each year. He said that there was a ceiling that OWASA used that flattened the numbers out since it could not grow three percent each year forever. Historically the growth has been .22 million gallons per year, so OWASA switched to this as a basis of future forecasts. They abandoned a ceiling because they do not feel there is a good basis of knowing what build out would be. 9} When is the contract between the Durham's and American Stone Company up for renewal? Peter Gordon said 2030. 10} Is this proposed expansion the most cost effective option that has the least environmental impact while at the same time guaranteeing to meet the water demands projected for 2Q30 and beyond? Peter Gordan said yes {laughter in the audience). 11 }Did someone just say tonight that within a month the asphalt plant would be gone? What asphalt? Peter Gordon said that the lease that Nello Teer has for the asphalt plant expires May 2000 and they have been given notice that they must leave and they are dismantling now and are responsible for remediation of the site. 12) Who monitors the violations of the permits committed by American Stone Company? Craig Benedict said that it is a two-part process. The Special Use Permit is valid for the site and any complaints that come to Planning, they find out if it pertains to the Special Use Permit. If it pertains to the state Department of Natural Resource, it is referred to them. The Planning Department works closely with the state on anything such as blasts. In 1994, there were agreements that were part of the state permit to lower the amount of explosives that are used in each blast hole, and the diameter of the blast holes was reduced. 13} Will OWASA be allowed to have a water treatment plant in the industrial node and do they plan to have one at this site? Peter Gordan said that OWASA has no plans for a water treatment plant. He is not sure in terms of permission, but it is a very unlikely scenario. VI. Statements in opposition of proposal LeAnn Neese representing a number of citizens against the quarry, asked if she could reserve her time far the end and allow some of the citizens to speak. Jeannie Foushee said that she has lived on Parrish Road for 54 years. Atone time, her well supplied three houses with clean and clear water. She said that she could no longer drink, cook, or wash with the water from her well. She has added a filtering system, and after having to change the filters twice a day, it was no good because the water was so muddy. In December 1999 she was forced to drill another well. About four months ago, she found a window that was cracked about 36 inches. She said that she sees this window every day. She said that pictures have fallen off the wall as well. On September 8, 1997, she was sitting on her piano stool and there was a blast around 12:00. The vibration produced from the blast caused considerable vibration and noise to the extent that it nearly knocked her off the stool. She immediately called American Stone Company and spoke with a man named Darnell. His reply was, "Yes we just had a blast." She spoke with her neighbor who was also at home, and her antique clock had fallen off the wall and was broken during the blast. She asked how much more the residents had to take before it was realized that they were citizens in a community. She said that the Board was elected to support the citizens of this community and she said that the residents were getting a big reminder that the residents do not exist. She said that the residents would not vote for anyone who refused to do what they were elected to do. She said that tonight was the first time she heard that American Stone would take care of a well or any damages caused by American Stone Company. She said that she had brought samples of her water to three public hearings and no one has said that they would drill a new well for her. She said that the existing quarry would hold enough water without expanding. She brought the bills that she had to take care of the damages that were as a result of the quarry. Thomas Stone lives at 2525 Neville Road and has lived in this area all his life. He remembers when the stone quarry moved here. He said that when the excavations first started, his home received a lot of vibrations from the blasting and it caused structural damage. If expansion is allowed to proceed, he is afraid that it will start the structural damage again. Elliott Cramer, an applied statistician and a retired professor from UNC, shared some statistics about the current quarry and the expanded quarry and the water storage capacity. He said that the difference between the water storage capacity of the current quarry and the expanded quarry is negligible. He said that the supply from the expanded quarry far exceeds any plausible future needs of OWASA. He said that OWASA's current consultants have estimated OWASA's raw water demand in 2050 to be 15.1 million gallons per day. This is below OWASA's current supply without any quarry and far below the supply with the current mined out quarry. He said that OWASA is substantially overestimating future demand because of its assumption of continued linear growth beyond build out. David Parrish asked if American Stone Company and OWASA would be willing to give 10 acres for a park and $15,000 a year to maintain it, what are they willing to do about the damages that have already disrupted the quality of life of the neighbors. Peter Gordan said that the mitigation is spelled out in the application. Alfred C. Perry, owner of property adjacent to the quarry, asked about the relocation of Bethel Hickory Grave Church Road. He understands that the quarry would be turned into a park. He asked for specifics on the property once the quarrying operation is finished. He said that he owns a trailer park in this area with seven trailers and the blasting has really affected them. He said that American Stone Company never admits that they are at fault for damages done by the blasting. Peter Gordon said that American Stone Company agreed to donate 10 acres on the north side of the quarry site for use as a pubic park and to provide annually to Orange County $15,000 for park improvements. In terms of the entire site, in 2030 there would be 100 acres of woods around a 60-acre lake. There is some potential for recreation, but it is not likely to be active recreation. Jim Ward asked how this plan addressed access to residents that are affected by the change in road alignment. Craig Benedict said that Bethel Hickory Grove Church Road would be moved to the east down to a new location on NC 54 but there would still be access for anyone north of the existing quarry operation down to NC 54. Louise Parrish said that she has been living on Parrish Road for 43 years. She wants American Stone Company, OWASA, and the boards to consider not giving a park or donating money to a charity because the residents have a lot of problems. She said that in the last few years, almost everyone in the neighborhood has had to dig another well. She asked that the residents be treated as citizens. She asked for the Board's support. She said that she is concerned about the rerouting of the road off of NC 54. Marjorie Richter said that she is also concerned about the rerouting of Bethel Hickory Grove Church Road and the intersection on NC 54. She said that the intersection at the bottom of the hill on Bethel Hickory Grove Church Road is going to be a death trap because of the gravel trucks. Allen Spalt asked for Craig Benedict to address the rerouting of Bethel Hickory Grove Church Road. Craig Benedict said that the relocation of the road has been researched with the DOT to find out if it is a viable intersection to NC 54. He said that the trucks would still come out at the same point that they do now. He said that moving the road would give more of a weaving distance between access from regular travelers and truck traffic. Allen Spalt said that it seems to him that it would be safer to have the entrance to the road be where it is now, because the trucks are not moving fast at that point. Craig Benedict said that Planning would research it with the DOT and find out which elements or engineering practices would pertain to this issue. Anne Parrish spoke on behalf of many of her neighbors an Parrish Road. She said that their houses shake when blasting takes place at American Stone Company. It is very difficult to prove that the damage is coming from the quarry operations. The most glaring problem the residents have is with their wells. She said that it was a mockery that OWASA was trying to get one community of people a good supply of drinking water 50 years from now, when there is another community with a problem now. Mayor Waldorf asked for information an what kind of well testing has gone on in the area and also who is doing the testing. Commissioner Jacobs said that in the mitigation there is a 3,000 fast radius around the quarry that is covered as far as what OWASA and/or American Stone Company are willing to do to mitigate impacts. He would like to see a map that generally demonstrates this radius. Craig Benedict showed the radius on a map. Melvin Parrish said that he has lived in the community of Parrish Road for over 52 years. He said that in 1952, he had a well that supplied the entire community. Shortly after American Stone Company came in, the well went bad and they have had to keep drilling wells ever since. He is not against the quarry being there, just the expansion. Pearson Stewart said that he does support the reservoir with neighborhood protection. He said that a great deal has been said about 2050, and the implication from almost everybody has been that 2050 is the end of the world. He takes exception to Mr. Gordon and Dr. Cramer that the population projections must end at 2050. There are too many population pressures in this region for the projections to end at 2050. He submits that it is the duty of Orange County to prepare itself for the pressures that are going to come. He said that the County had a responsibility to provide a good water base that it could use as a bargaining chip in the future. Julie Tucker said that she is an environmental engineer and she specializes in air quality. She serves on the Orange County Commission far the Environment but she is speaking far herself. She said that she lives in the area within a mile of the quarry and that it seems to her that there is mare than enough evidence from people who live in the area that American Stone presents a serious impact. She said that American Stone Company was an extremely lucrative business. She made three paints: 1) She questioned the accuracy of the projected needs for Orange County. From 1990 to 1998 there has been an increase in the population of 16°~, or 2°~ a year. Her understanding is that this expansion is to provide water for projected populations. She feels that the projections should be examined very carefully. Based on OWASA's numbers, there would be an 18°~ increase in the projected safe yield. 2) Is selecting the quarry expansion the most viable option? She questions this. She has not heard anyone mention the environmental impacts of this. She said that there was no guarantee of the projected demand of water, but there is a guarantee that there is going to be a permanent, irreplaceable, irrevocable destruction of wildlife. She believes that Orange County has the spirit of trying to purchase more open space and wildlife corridors, and it seems that the two plans conflict. 3) The Environmental Impact Statement was prepared in 1993, and the data are outdated. She said that it was grossly ill prepared and is missing a lot of information. She requested that the EIS be updated with quality data and more specific data. Chair Carey said that she was over her time limit and she was unable to complete her statement. Joyce Brown asked for a written statement with Julie Tucker's questions and concerns. DeShane Green spoke about the vibration of the blasting that takes place at American Stone Company. Maxecine Mitchell spoke an behalf of the Chestnut Oaks Community. She also presented a letter from Habitat for Humanity and a petition from some of the residents who were unable to attend tonight. She said that the residents in the area could not afford to have their wells and homes fixed because of the blasting. She said that she had a problem with her well and Habitat for Humanity fixed it for her. She said that she was insulted as a taxpayer because American Stone Company was holding the Special Use Permit over their heads. She invited anyone an the boards to came to her house and feel the vibrations of the blasts. Michael Vaught said that he has awell-drilling license and he is a licensed hydrogeologist. He has offered his services to American Stone Company to check everyone's wells. He basically gave a commercial far his business and did not say anything for or against the issue at hand. Chair Carey stopped Mr. Vaught from speaking about his business. Gary Boorman owns Hickory Grove School that was built in 1907. He said that he has been restoring this school and his dream is to have this as a beautiful reminder of a school that served the community for more than 60 years for grades one to six. He said that his concern is that expansion of the quarry may limit or compromise the historic quality of the school. Marty Mandell said that the objections tonight seem to be coming from mostly expansion. She said that expansion seems like a done deal. She said that the expansion raises so many issues. She said that the expansion could damage the watershed. She made reference to the likely increase in pulmonary disease from the release of the crystalline silicones during the graveling process. The present quarry does not require a change but the expansion would. She said that if the amount of water between the present well dug deeper versus the expansion is less than 7110 of a million dollars, it seems that this could be made up in some sort of conservation measure very easily. She feels that far American Stone Company the issue is money. She urged the boards to figure out a way to expand the existing quarry in a maximum period of fifteen years. Manuel Wartman, a Methodist Minister, said that the noise is real and the houses da shake and the trucks are real. He said that in any community we share the burden for what we do. He said that it was time to share the burden. He lives just outside the 3,000-foot line and he bought his property in 1979. He said that it was time to share the burden and the people in the community have paid their dues. He said that a hole in the ground in a hole in the ground. Why don't American Stone move somewhere else and let some other people share the burden. Carl Smith said that he has replaced his well approximately three times since he moved to the area. He said that the roads were dangerous because the trucks move so quickly and cars have to move out of the way. He said that the damages from the blasting are real. He asked that the governing officials do the right thing. The citizens in this area just want to be treated fair. Maria Hitt mentioned that we are talking about water for the future but her concern was the amount of growth that would require these millions of gallons of water on a daily basis. She hates to think that this type of industrial activity would be allowed to continue. She said that the rerouting of the road seems to be a very dangerous idea. Kaz Lasek said that he has lived on Bethel Hickory Grove Church Road for 14-15 years. He asked about how the baseline vibration from the existing quarry was calculated and what it would be compared to ar against. He questioned haw much water would be needed in fifty years. He made reference to page 10-E-4 that reads, "If well problems happen within 3,000 feet, ASC will pay for the full cost of the repairs. Well pump and tank repairs are excluded." He said that this is not full cost. Dan Darnell read a statement. "As an unhappy neighbor of the American Stone Company west of Carrboro, I am greatly disturbed that OWASA insists on supporting the expansion of this stone quarry and the relocation of Bethel Hickory Grave Church Road. The quarry is located in the protected University Lake watershed, and expansion will have adverse effects both to the environment and to nearby residents. It has been shaven clearly that almost as much water would be obtained from digging the existing quarry deeper for ten years as expanding onto OWASA land and digging a new quarry far 30 years. Even without a quarry, OWASA has a sufficient water supply through 2050, and a deeper quarry would last decades more. Mining deeper rather than wider would significantly reduce the number of years that we would be exposed to the blasting and crushing noises and to the carcinogenic, crystalline, silicone dust that will be blasted and blown downwind into our yard or neighbor's yards. We don't need an industrial zone in the University Lake watershed. I urge our elected representatives to disapprove expansion -mine deeper, not wider. This is a win-win situation for both OWASA and the community. I think the real issue here is that is it really necessary to expand the quarry rather than mine deeper to provide a water supply far the future. And is it really necessary to subject the area to the real disruption in its rural character and to the environmental hazards that expansion would cause. I believe that the kind of informed and consistent statistical analysis that hasn't changed an demand of the projected water supply that Dr. Kramer has shown us is the most reasoned and reliable approach for answering this question. This analysis clearly shawl that it is not necessary to expand." Annette Broadwell, who lives off Bethel Hickory Grave Church Road, spoke about air quality. She said that research has shown that people who live in areas that have a high amount of Particulate Matter 10 have more respiratory problems. She asked the boards to please take seriously the year's worth of work that Elliot Cramer has done before making a decision. Brenda Eubanks, from Crestwood Subdivision, spoke about the gravesites at Bethel Hickory Grove Church and the seals on the caskets being broken and water getting in. She has had $12,000 worth of work done an wells. She said that Michael Vaught did go down into her well and he told her that American Stone Company and the blasting did affect it, but he also cut her electrical wire and burnt her pump out which cost her another $6,000. Dexter Rogers lives on Broadwell Road. He said that he has cracks as a result of the blasting. LeAnn Neese summarized the issues at hand on behalf of the Citizens Against Quarry Expansion. She said that OWASA planned for water assuming the worst case scenario. In this particular case, OWASA is in a situation where it contractually bound itself years ago to support the proposal tonight. In the three-party agreement, there is a provision in it that requires OWASA to support the quarry expansion. She said that the decision was not OWASA's to make. She said that the boards are in charge of planning for the future. She said that there was an argument made that OWASA did not have a right to the existing quarry, but there is a requirement in the Special Use Permit that the Durham's do something with the hole when the mining is finished. She encouraged the boards to look closely at Dr. Cramer's statistics and projections about the ability to use the existing quarry once it is mined out, and the very slight differential that there would be in available water if the quarry was taken across the road. She said that she was probably the only one speaking against the expansion tonight that did drink OWASA water because utilities are not taken to this area. She urged the boards to look closely at the projections that OWASA has made for growth. She said that the boards were empowered to make decisions about growth and growth projections. She concluded by saying that the evidence before the boards is clear and the existing quarry holds one billion gallons, and if the operationally quarry now is mined out, it would hold 2.1 billion gallons. The new quarry is not going to add significantly to availability unless the boards decide not to mine out the existing quarry. She said that the decision tonight was not a Special Use Permit decision. She said that the boards have to determine if they have a rational reason which would require them to make a change in a plan that already had a quarry, that already was planned to be used by OWASA, and that already supplies the water. Chair Carey invited anyone else to make further comments in writing to the Orange County Planning Board, the Town of Chapel Hill, or to the Town of Carrboro. ACTION Chair Carey entertained a motion to refer JPA-1-00 to the towns of Chapel Hill and Carrboro far decision AND to refer JPA-1-00 and CP-1-00 to the Orange County Planning Board for a recommendation to the Orange County Board of Commissioners no sooner than June 29, 2000. A motion was made by Commissioner Gordon, seconded by Mayor Waldorf to refer JPA-1- 00 to the towns of Chapel Hill and Carrboro for decision AND to refer JPA-1-00 and CP-1-00 to the Orange County Planning Board for a recommendation to the Orange County Board of Commissioners no sooner than June 29, 2000. VOTE: UNANIMOUS Chair Carey noted that the completely signed Solid Waste Interlocal Agreement was here tonight. He presented it to the Town of Chapel Hill and the Town of Carrboro. ADJOURNMENT With no further comments to be received, Chair Carey adjourned the meeting. The next meeting listed on the Board of County Commissioners' calendar is scheduled for April 17 at 7:30 p.m. in the boardroom of the Southern Human Services Center in Chapel Hill, North Carolina. Moses Carey, Jr., Chair Beverly Blythe, Clerk