HomeMy WebLinkAboutRES-2001-037 Resolution to Approve for Special Use Permit, Class A for Planned Development of American Stone Company and Orange Water and Sewer AuthorityRES °�� 1 � 66
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
TO APPROVE AN ORDINANCE FOR A
SPECIAL USE PERMIT, CLASS A
FOR
PLANNED DEVELOPMENT
OF
AMERICAN STONE COMPANY AND ORANGE WATER AND SEWER AUTHORITY
FOR EXTRACTION OF EARTH PRODUCTS / RESERVOIR
Date: April 3, 2001
Applicant/Owner: Orange Water & Sewer Authority and American Stone Company
The Orange County Board of County Commissioners hereby approves an application submitted
by Orange Water and Sewer Authority and American Stone Company for a Planned
Development and Special Use Permit, Class A for Extraction of Earth Products / Reservoir and
the site plan drawings #2, 4, 5, 9 -13 dated September 20, 2000 and landscape drawing # 15 dated
December 5, 2000, applicable to the following property and subject to the following conditions:
Property located at the intersection of NC 54 and Bethel Hickory Church Grove Road (SR 1104)
being further identified in the Orange County Land Records Office by Parcel Identification .
Numbers, 9759 -54 -4097, 9759 -63 -9813, 9759 -62 -1992 and part of 9759 -44 -2780 and containing
183.8 acres more or less. The property has the following legal description:
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'
22'59" West 626.73 feet to an iron pin,; thence, North 12° 53' 58" East 1,685.11 feet to
an iron pin: thence, North 12 ° 53'58" East 514.65 feet to a point, thence, North 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 ° 50'58" West
93.26 feet to a point; thence, South 54' 22'57" West 165.19 feet to a point; thence, South
65' 41'23" West 22.92 feet to a point; thence, South 65' 26'54" West 135.50 feet to a
point; thence, South 25' 55'28" 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° 16'50" East 159.20 feet to
a point; thence, South 21 ° 40' 36" West 148.28 feet to a point; thence, South 14° 52'6"
East 111.84 feet to a point; thence, South 18° 27' 16" 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° 05'40"
West 326.67 feet to a point; thence, North 800 24' 52" West 687.70 feet to a point;
thence, North 80° 24' 52" 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 01' 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
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Tracts 1, 2, 4 and 6 and part of the existing right of way of SR 1104 as described in the 67
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.
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 7.112..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.
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.
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(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:
(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 the permitted property, will add up
to $20,000.00 annually to the fund if Orange County determines that additional funds are
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
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which money from this fund may be appropriated by Orange County are not limited to 69
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.
17. Within two years of the issuance of this permit American Stone Company shall complete
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 SRI 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.
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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.
24. American Stone Company shall take all reasonable precautions to prevent fly rock from
leaving its property.
25. When blasting east of the current location of SR 1104, American Stone Company shall
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, including 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.
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29. American Stone Company and OWASA agree to compensate the owners of property 71
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
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 bf
the receipt of the report from the three appraisers.
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(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
quarry 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
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
query.
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 communications 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
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and the approved Reclamation Plan filed in accordance with Mining Permit #68 -02. In 73
the event of any inconsistency between the Ordinan ce 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, 3-
foot, paved bicycle lanes shall be built in accordance with NCDOT specifications.
46. The ultimate right -of -way cross - section for NC 54 shall be 100 feet at its intersection with
relocated SR 1104. If the right -of -way is less than 100 feet, a dedication, in fee simple, of
fifty (50) feet from the centerline of the existing right -of -way, 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
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future development on the tracts designated as TM 6.28..913 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 supercedes 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.
This Special Use Permit, Class A shall become effective upon approval.
Upon motion of Commissioner 14 , —, seconded by Commissioner
the foregoing resolution was adopted this the 3`d day of April, 2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on April 3, 2001 as relates in any way to the
adoption of the foregoing and that said proceedings are recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this - day of 1�, 2001.
rM Clerk to the Ward of Com issioners
1a..
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